Monthly Archives: November 2016

AILA Calls for Rescission of NSEERS – Letter to White House

AILA, Nov. 23, 2016 - "On April 27, 2011, the Department of Homeland Security announced the elimination of the list of countries whose nationals are subject to registration under NSEERS, thus effectively ending the NSEERS registration process. While this was a welcome step, it did not go far enough to terminate the program. This administration must remove the residual penalties and procedures associated with NSEERS and remove the regulatory framework of NSEERS altogether by rescinding the regulation to ensure that this dark part of our nation’s history is not repeated."Read More Breaking News

Class Action Filed by UNNJ students

After a long fight for UNNJ student, a class action was finally filed. According to AILA: A group of students filed a class action lawsuit in the U.S. District for the Eastern District of New York challenging the government's determination that they committed visa fraud by enrolling at the University of Northern New Jersey (UNNJ). The plaintiffs are seeking declaratory and injunctive relief to require the government to provide the students with individualized proceedings in which they can challenge the government's fraud determination, prevent the government from using their enrollment at UNNJ to…Read More Breaking News

Petition to Make The January 2017 Visa Bulletin for All EB categories and All EB countries current.

November 20, 2016 - The Shah Peerally Law Group PC is calling on the present President, Obama, to actually do a final push for so many employees on employment-based categories (EB) waiting in the line for their greencards. The petition has already gathered more than 1500 signatures and is going strong. We need more people to support the initiative. Make All EB categories in the January 2017 Visa Bulletin Current In the light of so many possible negative changes on immigration, we urge President Obama, the Department of State and Department of Homeland…Read More Breaking News

Updates on EB New Rules – I-140 EAD.

USCIS has published a final rule to modernize and improve several aspects of certain employment-based nonimmigrant and immigrant visa programs. USCIS has also amended regulations to better enable U.S. employers to hire and retain certain foreign workers who are beneficiaries of approved employment-based immigrant visa petitions and are waiting to become lawful permanent residents. This rule goes into effect on Jan. 17, 2017.Read More Breaking News

Know Your Rights!

By now everyone knows that Donald Trump has been elected president of the United States and will begin to serve his term in January 2017. No matter who is president, everyone living in the U.S. has certain basic rights under the U.S. Constitution.Undocumented immigrants have these rights, too. It is important that we all assert and protect our basic rights. If you find you have to deal with Immigration and Customs Enforcement (ICE) or other law enforcement officers at home, on the street, or anywhere else, remember that you have the rights described…Read More Breaking News

Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule

BREAKING News: Advance Copy of USCIS Retention of EB-1, EB-2, and EB-3 Immigrant Workers and Program Improvements Affecting High-Skilled Nonimmigrant Workers Final Rule This document is scheduled to be published in the Federal Register on 11/18/2016- "The Department of Homeland Security (DHS) is amending its regulations related to certain employment-based immigrant and nonimmigrant visa programs. Specifically, the final rule provides various benefits to participants in those programs, including the following: improved processes and increased certainty for U.S. employers seeking to sponsor and retain immigrant and nonimmigrant workers; greater stability and job flexibility for…Read More Breaking News

What Happens to H1B and Employment Based Greencard now?

Neither the H1B visa nor the employment based greencards have actually been targeted by President-Elect Donald Trump. However, he mentioned several times in his gatherings and the debates that the "H1B visa system is being abused". By popular demand we have tried to actually analyze the H1B visa and the employment based permanent residence under the Trump administration. Hope it helps.Read More Breaking News

The Future of Immigrants and Non Immigrants Under Trump

The Shah Peerally Law Show covered issues related to immigration especially on the future of immigration law once Trump is president. This is what was reported by NPR on Trump as a President"...on the first day, I will take the following five actions to restore security and the constitutional rule of law: * FIRST, cancel every unconstitutional executive action, memorandum and order issued by President Obama * SECOND, begin the process of selecting a replacement for Justice Scalia from one of the 20 judges on my list, who will uphold and defend the…Read More Breaking News

USCIS Policy Memo: Extension of Status for T and U Nonimmigrants (Corrected and Reissued)

October 4, 2016 PM-602-0032.2 Policy Memorandum (PM) SUBJECT: Extension of Status for T and U Nonimmigrants (Corrected and Reissued) Purpose This policy memorandum (PM) provides guidance about extensions of status for T and U nonimmigrants, including any related Forms I-485, Application to Register Permanent Residence or Adjust Status. This PM rescinds and replaces PM 602-0032.1, as discussed below. This PM revises chapters 39.1 and 39.2 of the Adjudicator’s Field Manual (AFM). PM 602-0032.1 contained information relating to a derivative T nonimmigrant’s ability to adjust status to a lawful permanent resident (LPR). Under the…Read More Breaking News

Don’t Drink and Drive when you are on H1B or any other non-immigrant visa

The famous Prudential Revocation has taken another turn in the past few months. From the information we are getting from some of our consultations, as soon as someone is arrested on a DUI and this person is on H1B, F1 visa, H4 visa, or other non-immigrants visas,  they are receiving an email from the Department of State revoking their visas on their passport. This does not mean the person is losing status in the United States, it only means that this person will not be able to travel overseas. Lately, we have heard…Read More Breaking News