Breaking News

This category is updated daily on interesting U.S. immigration news pertaining to family immigration, employment immigration and other immigration issues. The updates are meant to quickly keep our readers aware of the ever changing immigration laws and all the related aspects. For more information check our entire website on specific topics. Note that this blog does not cover all aspects of immigration news.

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So far the H4 EAD program has been a success. What can we expect next?

July 28 2015 - The H4 Employment Authorization Document (EAD) offered by the USCIS seems to be a success story for many.  We are hoping based on the high rate of approvals we are seeing in similar cases, many will be encouraged to file to for their H4 EAD i.e. their work permits under H4.  Although so far our law has not seen any request for evidence issues in respect to such applications, it does not mean that we might not see such issues in the future. This article might be helpful in case…Read More Breaking News

New Version of I-601A Waiver is out. Old Version will be acceptable until September 24 2015!

July 27 2015 - The USCIS has released a new version of the 601A waiver. The old version of 2013 can only be used until September 24 2015. The 601A waiver allows certain immigrants to obtain forgiveness on their unlawful presence to be able to process their waivers while in the United States and ultimately leave to obtain their permanent residence. Formerly, the regular 601 waiver (which is still existent) requires that the applicant apply overseas.  Read more on the 601A waiver here.Read More Breaking News

When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

Below is a summary based on the July 21 2105 Memo (Matter of Simeio) on when and when not to file for an H1B amendment. Previously the memo issued was set to place a higher burden on the H1B employers. In fact unlike the previous memo where USCIS wanted the Matter of Simeio to apply retroactively, they now would now not penalize employers who did not prior to April 19 moved their employees to another location and did not file for an H1B amendment when it was allegedly required based on the Simeio case. As…Read More Breaking News

USCIS Final Guidance on When to File an Amended or New H-1B Petition After Matter of Simeio Solutions, LLC

June 21 2015 - A new memo has now been released as a guide to whom should file for an H1B amendment after Matter of Simeio Solutions, LLC. This memo is supposed to be less strict than the previous memo on the matter. We recommend that employers and employees affected by this memo to pay careful attention to the amendment rules. We will elaborate more on the memo in the next few days.Read More Breaking News

Case Approved after difficult request for evidence (RFE) based on experience and education combined!

July 21 2015 - We congratulate the team especially Medya Ansari for answering a difficult request for evidence (RFE) case. The case came to us after client received a huge RFE because his degree did not relate to his occupation and also because the USCIS claims it is not an specialty occupation for an H1B. The client however, has extensive experience in the field of an specialty occupation. The previous attorney who filed the H1B case, was actually not able to transfer the H1B due to the same reason and refiled the case.…Read More Breaking News

BALCA reverses DOL decision and approves labor Certification in Microsoft case.

July 17 2015 - In the Matter of Microsoft, BALCA Case No.: 2011-PER-02621, July 15, 2015 BALCA reversed the DOL decision stating that the Employer’s advertisements were not misleading, nor did they cause any confusion that could have prevented a potential U.S. applicant from applying for the job opportunity. The issue was the language of traveling and also a mistake in answering the audit. This decision is interesting because those are common errors when a labor certifications is filed. We agree completely with BALCA and also hope that the DOL commending stringent rules…Read More Breaking News

USCIS Seeks Comments on Proposed Expansion of Eligibility for Provisional Unlawful Presence Waivers

July 15, 2015 - USCIS is seeking public comments on a proposed rule that would expand eligibility for provisional waivers of inadmissibility based on the accrual of unlawful presence. The proposed rule would expand eligibility to all foreign nationals who are statutorily eligible for an immigrant visa and for a waiver of inadmissibility based on unlawful presence. Read more  Read More Breaking News

USCIS New Memo: Qualifying U.S. Work Experience for Special Immigrant Religious Workers

USCIS will now not disqualify religious workers cases based on the fact that the experienced acquired was not on a lawful status. For example a religious worker who obtained experienced while volunteering on a B1/B2 visa or without legal presence.  Note that there might be other reasons for denial.  Nonetheless,  this opens the door to many possibilities for religious workers. We welcome this new policy and invite all those who want to file for an R visa or EB4 to contact our office. On April 7, 2015, the U.S. Court of Appeals for the…Read More Breaking News

USCIS providing new resources in Spanish

On July 8, 2015 -  the USCIS Director Leon Rodriguez, attended the 85th National Convention of the League of United Latin American Citizens (LULAC, for its acronym in English), held in Salt Lake City, Utah, which gave a message about how important it is for eligible Latinos who are not US citizens to consider applying for citizenship. Similarly, it introduced new resources  of information in Spanish incorporated by USCIS to strengthen communication with the Hispanic community. LULAC is one of the largest and oldest in the United States Hispanic organizations and has about 132…Read More Breaking News

Premium H1B processing of applications (I-129 form) resumes as from July 13

July 13 2015 - Great news from USCIS, as from July 13th 2015, USCIS is now again accepting premium processing on all H1B cases including transfers, extensions and amendments. This is a welcoming news for companies and individuals who need fast move to another company or an extension.  It is also crucial for those who need to go abroad for a stamping. Note that for those who have already filed their cases, they can still upgrade to premium. We will be more than glad to help.   If you need help for your…Read More Breaking News

Another Successful VAWA Case from the Shah Peerally Law Group PC Team.

July 10 2015 - Today we congratulate the team for a successful outcome on a difficult VAWA (Violence Against Women Act) case.  This case was full of difficulties because there was only mental abuses involved and the evidence was limited. We congratulate the team for working hard on this case and also answering a very difficult request for evidence (RFE) resulting in an approval of the I-360. As you know VAWA is obtained in cases where the applicant has a 1) bona fide marriage 2) been abused mentally, physically or both and 3)…Read More Breaking News

August 2015 Visa Bulletin is Out: no progress for India EB2 or even EB3!

Finally the long awaited August 2015 visa bulletin is out and it seems there is no movement on either EB2 or EB3 for India, China and the rest of the dates stayed pretty much the same for other countries except the Philippines EB categories which were presently Unavailable has become EB3 June 1 2004 and EB2 is still current.  If the trend continues we might actually see some possible retrogression in the September 2015 Visa Bulletin for India and China. Employment- Based All Chargeability Areas Except Those Listed CHINA - mainland born INDIA…Read More Breaking News

5th Circuit US Court of Appeals to decide on Injunctions blocking Obama’s Executive Actions.

July 10 2015 - The U.S. Court of Appeals for the Fifth Circuit will hear arguments on Friday that could either lift or keep the injunction that has halted President Obama’s executive actions.  The executive actions was meant to give additional rights under DACA (Deffered Action for Childhood Arrivals) and DAPA(Deferred Action for Parents Arrivals) for undocumented immigrants but both were put on hold through an injunction. Both programs were intended to give some hope to millions who have been living in the United States some kind benefits namely a work permit. Note…Read More Breaking News

Immigration Law Show July 9 2015

July 9 2015 - Live law show recorded from KLOK 1170 AM studio where attorney Shah Peerally discusses about H1B visa, H4 visa, H4 work permits, family Petitions, citizenship and other important tactical immigration questions.  The law show is aired live on AM radio and recorded for your convenience.Read More Breaking News