Immigration

Here we have the latest news within the immigration. Read breaking news on immigration updated and analysis at Shah Peerally Law Group

Determining Whether a New Job is in “the Same or a Similar Occupational Classification” for Purposes of Section 204(j) Job Portability Purpose

This policy memorandum (PM) provides additional guidance to Immigration Services Officers (ISOs) for determining, with respect to the job portability provisions in section 204(j) of the Immigration and Nationality Act (INA), whether one job is in “the same or a similar occupational classification” as another job. Specifically, this memorandum instructs ISOs on how they may use the U.S. Department of Labor’s (DOL’s) Standard Occupational Classification (SOC) codes and other evidence to determine if a new job is in the same or a similar occupational classification as the original job offer in an Immigrant…Read More Breaking News

Punishing the persecuted Syrian Refugees for the action of the Persecutors!

November 19 2015 - In fear of the Paris attack, Xenophobia has taken over the House of Representatives which are equating the innocent Syrian Refugees with that of their persecutors. The fear is not new. As said Rep. Jerrold Nadler, D-N.Y., said "We face a choice that will echo through history," He reminded lawmakers that the U.S. turned away Jewish refugees fleeing Nazi Germany in 1939. "We must not let ourselves be guided by irrational fear." It seems that the Muslims are now the Jews of 1939. This is a sad day for…Read More Breaking News

Alert to U visa Applicants – Visa Cap Reached and VSC will no longer process I-918

November 16, 2015 - The VAWA, U, and T Unit at the VSC has notified AILA that it is not currently processing I-918 petitions for U nonimmigrant status, because all of VSC's resources are focused on updating the U visa cap numbers. As such, please note that members should not submit individual case liaison inquiries for I-918 cases at this time. AILA will update members as soon as the VSC resumes the processing of I-918 petitions.Read More Breaking News

Nepal Relief for F1 Students

This document is scheduled to be published in the Federal Register on 11/09/2015 - Employment Authorization for Nepali F-1 Students Experiencing Severe Economic Hardship as a Direct Result of the April 25, 2015 Earthquake in the Federal Democratic Republic of Nepal "This notice announces that the Secretary of Homeland Security (Secretary) has suspended certain regulatory requirements for F-1 nonimmigrant students whose country of citizenship is the Federal Democratic Republic of Nepal (hereinafter “Nepal”) and who are experiencing severe economic hardship as a direct result of the earthquake in the Federal Democratic Republic of Nepal on…Read More Breaking News

H1B Transfer after six years.

November 7 2015 - In order to transfer the H1B once someone past 6 years of extension usually require one to qualify under AC 21 rules or an approved I-140 petition. This video is a guide on the necessary elements to transfer the H1B once someone passes its 6 years on H1B.Read More Breaking News

Porting I-140 priority date.

November 6 2015 - The priority date has become a big issue of confusion especially after the recently Board of Immigration Appeals (BIA) non-precedential decision – In re: Grace Estrellado – the result appears contrary to the U.S. Citizenship and Immigration Services’ (USCIS) policy regarding priority date retention. Watch this video on the issue.Read More Breaking News

Dealing with Birth Certificates Issues.

November 4 2015 - Birth certificates are required whenever someone is filing for adjustment of status or processing their permanent residence card. However, some people do not actually have a birth certificate. There are specific ways to deal with such situations. Please check this video on birth certificates especially from India, Pakistan, and Afghanistan.Read More Breaking News

Re-Alignment of Zip Codes for Bay Area California cases.

October 23 2015 - This was announced and brought to us by AILA.org. "In an effort to continue improvement in customer service in District 21, the San Jose Field Office will be realigning 7 zip codes in south Alameda county back under the San Francisco Field Office starting December 1st. These zip codes were temporarily realigned to the San Jose Field Office several years ago based on shifting workloads and operational needs. Based on current processing times in both offices it is now appropriate to return those zip codes back to the San…Read More Breaking News

Liquidated Damage Clauses – H1B Employee Contracts

Liquidated Damage Clauses – H1B Employee Contracts What is a Liquidated Damages Clause Many (if not most) contracts, including those between an employee and their employer, contain a liquidated damages clause. Such a clause stipulates what the penalty will be in the event that a party breaches the contract. Because, however, breach of contract is not a crime and in many instances is, in fact, encouraged, liquidated damages clauses may only compensate the non-breaching party, and may not impose penalties for the breach. Indeed, the Restatement (Second) of Contracts states: “Damages for breach…Read More Breaking News

DHS Proposing a 24 Months Extension on OPT – Great News for F1 Students!

The Department of Homeland Security (DHS) proposes to amend its F-1 nonimmigrant student visa regulations on optional practical training (OPT) for certain students with degrees in science, technology, engineering, or mathematics (STEM) from U.S. institutions of higher education. Specifically, the proposal would allow such F-1 STEM students who have elected to pursue 12 months of OPT in the United States to extend the OPT period by 24 months (STEM OPT extension). This 24-month extension would effectively replace the 17-month STEM OPT extension currently available to certain STEM students. The rule also improves and…Read More Breaking News

Temporary Agricultural Employment of H-2A Foreign Workers in the Herding or Production of Livestock on the Range in the United States

The Department of Labor is issuing regulations to govern its certification of the employment of nonimmigrant workers in temporary or seasonal agricultural employment under the H-2A program. Specifically, these regulations establish standards and procedures for employers seeking to hire foreign temporary agricultural workers for job opportunities in herding and production of livestock on the range. These regulations are consistent with the Secretary of Labor’s statutory responsibility to certify that there are not sufficient able, willing, qualified and available U.S. workers to perform these jobs, and that the employment of foreign workers will not…Read More Breaking News

Delay on Naturalization for Muslims, Middle Easterns, and South Asians!

Millions of aspiring Americans apply to U.S. Citizenship and Immigration Services (USCIS) each year. But under a previously unknown national security program known as the “Controlled Application Review and Resolution Program” (CARRP), the government excludes many applicants from Arab, Middle Eastern, Muslim and South Asian communities from these opportunities by delaying and denying their applications without legal authority. Learn more about CARRP and how it has harmed the naturalization process. If your case has been delayed, please call us at 510 742 5887 Read the full ReportRead More Breaking News

DIVERSITY LOTTERY IS OUT!

The annual Diversity Visa Lottery (DV lottery), otherwise known as the Green Card Lottery, is out! The DV lottery is a US government program through the Department of Homeland Security and the Department of State that makes 55,000 Permanent Resident cards available every year to persons from “low admission regions” or “underrepresented countries,” those that have been less represented in employment and family-based preference categories in the United States. The program is open to all who meet two basic eligibility requirements. The Program makes Permanent Resident Cards available to the winners, authorizing the…Read More Breaking News

DV lottery is out! If you need help to apply please call 415 643 4342

Applicant Entry Systemv12.01.00 ELECTRONIC DIVERSITY VISA LOTTERY Online Help Welcome Our State Department Web site for the 2017 Diversity Visa program (DV-2017) is now open. The entry submission period for DV-2017 is from 12:00PM EDT (GMT -4) on October 1, 2015 to 12:00PM EST (GMT -5) on November 3, 2015. The entry form will only be available for submission during this period and this period only. Entries will NOT be accepted through the U.S. Postal Service.   After reading the instructions, scroll down and click on “Begin Entry” to enter the DV Lottery.…Read More Breaking News