A few weeks ago President Obama signed several immigration memos directing certain actions be taken. We have provided an overview of each memo several weeks ago. This article will discuss President Obama’s memo to clarify the criteria for an L1B specialized knowledge employee. While it has been a full month since the memos were announced, there has not yet been any clarification. Unfortunately this does not do immigration lawyers and their clients ready to file L1B specialized knowledge cases much benefit. The decision is to either wait for the memos to come out and restructure the cases as needed, or to just file and make future adjustments if necessary.
What is L-1B visa? Who is it for?
The L-1B nonimmigrant classification enables a U.S. employer to transfer a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices to one of its offices in the United States.
L1B employee must prove to have “Special or Advanced Knowledge”
Due to inconsistent decisions made in past precedents by the Immigration department, L1B cases are very challenging and unfortunately cause a lot of adjudication problems. The primary issue is what is “specialized knowledge”?… Continue reading…
The DAPA executive order expands deferred action to parents of US Citizens and Lawful permanent residents that have been in the United States since January 1, 2010.
Similar to the DACA process, DAPA will require the Applicant to show evidence of their entry in the US, their continuous presence in the US, the parent child relationship with the US Citizen or Lawful Permanent Resident (Green Card holder) child.
Eliminating Age Requirement of DACA
Previously deferred action was available to children that were brought to the United States prior to their 16th birthday along with specific age requirements and are under 31 years of age, which uses the acronym DACA. The new executive order for DACA eliminates the age requirement. The broader eligibility requirements should make more undocumented immigrants that entered the United States either illegally or overstayed a visa eligible for deferred action.
Pro’s and Con’s of DACA and DAPA
The primary benefit of deferred action is lowering the risk of being deported and gaining employment authorization. Deferred action is extended to a term of 3 years as opposed to the previously granted two years. The downside of deferred action is it does not provide immigration status such as permanent residence or naturalization. To see if you are eligible for DACA or DAPA, please visit our Deferred Action page here.… Continue reading…
The Department of Labor, the government agency responsible for overseeing the Labor Certification process in Employment Based Green Cards (EB2 and EB3), otherwise known as PERM has issued a fact sheet stating it’s intentions to modernize the PERM requirements and methods. The fact sheet is likely in response to President Obama’s Executive action in other areas of US immigration that were primarily targeted towards the Department of Homeland Security. As a Chicago based immigration lawyer regularly dealing with employment based green cards, we are always looking for ways to circumvent the tedious, expensive, and unpredictable PERM process. As I have discussed in previous blog posts, the processing times for PERM have skyrocketed in the past few years, audits have increased, and denials have increased. Perhaps Government Officials in charge of Immigration believe by increasing processing times and making the process more challenging and expensive for employers will reduce the amount of applicants, which will in turn reduce the backlog currently faced in the EB3 category and in EB2 for China and India.… Continue reading…
On November 20, 2014, President Obama signed an Executive Order expanding those qualified to file a 601A provisional waiver for those immigrants already in the United States that entered the US without inspection. For more details on the 601A provisional waiver and it’s process, please see our webpage. The benefit of the revised provisional waiver process is to enable the case to be provisionally approved in the United States by USCIS prior to the alien departing the United States to attend the Immigrant Visa interview. The departure triggers the statutory bar, which would make the alien inadmissible requiring the alien to stay outside the United States for 3 or 10 years depending on the length of unlawful presence in the United States. Generally the provisional waiver will be accepted by the US Consulate and an Immigrant Visa will be approved, provided there are not any complicating factors. This is a major improvement from the old process where the immigrant would need to depart the United States and apply for the waiver at the overseas consulate. If the case was denied, the alien would be outside the United States likely separated from his or her loved ones in the United States.… Continue reading…
The November 20, 2014 Executive Order is intended to impact US high skilled businesses and workers. While limited on details, the President outlined the below objectives. USCIS is expected issue several memos that will provide greater detail in achieving the objectives below. As more details become available, Cipolla Law Group will provide more information. To see if you will benefit from the below changes, schedule a consultation with one of the immigration lawyers at Cipolla Law Group.
The objectives include:
- Finalize a rule to provide work authorization to the spouses of certain H-1B visa holders who are on the path to lawful permanent resident status – This should effect many Chinese and Indian foreign nationals with pending (in most cases approved I-140 petitions) in EB2 and EB3 Green Card cases that are in H1B status.
- Provide clarity on adjustment portability to remove unnecessary restrictions on natural career progression and general job mobility to provide relief to workers facing lengthy adjustment delays. This will also effect many Chinese and Indian immigrants in H1B status that are currently facing 5 to 10 year wait times for their green card applications to be approved.
… Continue reading…