H1B and Startups.

The Silicon Valley thrives on startups.  The truth is that startups endeavors are what actually bring the greatest innovations in technology and as such their well-being  is of utmost importance.  Many startups find themselves in situations where they have to hire foreign labor especially H1B visa holders for their projects.  However there is a stigma attached to hiring foreign workers to perform. This article covers some of the issues related to H1Bs and startups. We encourage startups to read the article and in case you need help to file for your startup H1B…Read More Breaking News

TPS for Haiti Extended

August 28 2015 - The TPS (Temporary Protected Status) for Haiti has been extended. Secretary of Homeland Security Jeh Johnson has extended Haiti’s designation for Temporary Protected Status (TPS) for an additional 18 months. The extended designation is effective Jan. 23, 2016, through July 22, 2017. Current TPS Haiti beneficiaries seeking to extend their TPS status must re-register during a 60-day period that runs from Aug. 25, 2015, through Oct. 26, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS…Read More Breaking News

Delays in Card Productions

August 27 2015 - According to the American Immigration Lawyers Association and from our own experience, it seems that many cards production including EADs and Green Cards are being delayed by the USCIS. In fact, the USCIS has confirmed this situation. According to the USCIS, the card production facility in Corbin, KY is undergoing maintenance, and all card production work was transferred to the facility in Lee's Summit, MO. As a result, there is a backlog of cases in Lee's Summit, and clients may not receive their cards until two-three weeks after approval…Read More Breaking News

USCIS discontinues some E-filings.

USCIS will discontinue its legacy e-Filing system in order to maintain data security standards and focus resources on the replacement Electronic Immigration System. The legacy e-Filing system has offered online filing for several USCIS forms. After the system is decommissioned, you must use paper forms when filing all categories of: Form I-131, Application for Travel Document Form I-140, Immigrant Petition for Alien Worker Form I-765, Application for Employment Authorization Form I-821, Application for Temporary Protected Status Form I-907, Request for Premium Processing Service >>Read MoreRead More Breaking News

The Shah Peerally Law Show August 20 2015

August 20 2015 - The Immigration law show hosted by Shah Peerally covered topics such as adjustment of status, change of status, H1B issues, H1B transfer, I-140 revocation, I-140 EAD, EB1 types, and other very interesting immigration issues. Listen to the recorded live show here.Read More Breaking News

How long can I travel outside on a Permanent Residence?

Traveling on a green card and maintaining continuity to file for citizenship can be very tricky. In fact, most people have a misconception on how it works and what happens to their permanent residence if they travel for a long period of time.  While preserving the green card is one thing, being able to file for citizenship based on long term travel is another issue.  Many are confused when it comes to traveling outside under such circumstances.  This article might be very helpful to answer such questions. In case, the answer is not…Read More Breaking News

Another VAWA Adjustment of Status Approval!

August 18  2015 -  Congratulations to our team for another difficult VAWA (Violence Against Women Act) approval and green card approval.  This case was especially difficult because of the short time of the marriage and the abuses were difficult to document. However, after the hard work of a clinical therapist and other conclusive evidence, we were able to prove the case and ultimately today our client obtained an approval notice.  The adjustment of status was also approved and now the VAWA applicant will now obtain her permanent resident card and can now live…Read More Breaking News

USCIS Releases Final New L1B Adjudication Memo.

August 17 2015 - USCIS has finally released the new L1B adjudication memo.  The requirement of "specialized occupation" is the issue which is allegedly clarified in this memo. "This policy memorandum provides guidance on the adjudication of the L-1B classification, which permits multinational companies to transfer employees who possess “specialized knowledge” from their foreign operations to their operations in the United States. It provides consolidated and authoritative guidance on the L-1B program, superseding and rescinding certain prior L-1B memoranda. This memorandum also updates the Adjudicator’s Field Manual (AFM) by replacing AFM chapter 32.6(e) with the version included in…Read More Breaking News

Decision Against Extension of F1 17 Months OPT – Wash. Alliance of Techn. Workers v DHS

Washington Alliance of Technology Workers v. U.S. Dept. of Homeland Security Plaintiff, Washington Alliance of Technology Workers (WATW), a collective-bargaining organization that represents science, technology, engineering, and mathematics (STEM), sued the Department of Homeland Security, challenging an interim final rule, promulgated by defendant DHS in April 2008, extending, for eligible STEM students, the duration of optional practical training (“OPT”), which allows nonimmigrant foreign nationals on an F-1 student visa to engage in employment during and after completing a course of study at a U.S. educational institution. At present, students may engage in OPT “after…Read More Breaking News

The Shah Peerally Law Show August 13 2015

August 13 2015 - The Shah Peerally Law Show today covered interesting topics such as the current visa bulletin and September 2015 visa bulletin and all its related issues including H1B extensions, I-140 AC 21 issues, EB1 issues and delays on EB categories. Please listen and share the recorded live show.Read More Breaking News

District Court of DC says STEM 17 months OPT extension is invalid

In the case of Wash. Alliance of Tech. Workers v. DHS, 8/12/15 - The DC District Court held that the 17 OPT extension was invalid because it was passed without notice or public comments. However due to the hardship on the technology sector, the court is granting DHS until February 12 2016 to place notice and public comments on the regulatory board. The F1 student visa program regularly provides one year of an OPT (EAD - work authorization document) to student graduating from a United States institution. For those who fall under STEM…Read More Breaking News

According to the Migration Policy Institute DACA renewals still strong despite hurdles.

DACA, the Deferred Action for Childhood Arrivals, famous for giving a chance to many youngsters who were undocumented in the United States with a limited work permit, has been suffering many drawbacks in the past year. However according to the Migration Policy Institute, the renewal of such permits still went strong for as much as 83% of the DACA recipients have actually renewed their EADs.  This demonstrates that this program is actually valuable to the immigrant community. If you need help or assistance with DACA, please call our office at 510 742 5887…Read More Breaking News

USCIS released a draft memorandum on EB5 investor visa.

SUBJECT: Guidance on the Job Creation Requirement and Sustainment of the Investment for EB-5 Adjudication of Form I-526 and Form I-829 Purpose This policy memorandum (PM) builds upon prior policy guidance for adjudicating EB-5 applications and petitions regarding the job creation requirement, and the requirement to sustain the investment during the conditional residence period. Scope On August 23, 2014, the Department of State (DOS) announced that all visas for the EB-5 Program became unavailable for individuals born in mainland China for the remainder of fiscal year (FY) 2014. For the first time in…Read More Breaking News