Immigration

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

Ninth Circuit today refused to lift the block on President Donald Trump’s immigration ban

At issue in this emergency proceeding is Executive Order 13769, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” which, among other changes to immigration policies and procedures, bans for 90 days the entry into the United States of individuals from seven countries. Two States challenged the Executive Order as unconstitutional and violative of federal law, and a federal district court preliminarily ruled in their favor and STATE OF WASHINGTON V. TRUMP 3 temporarily enjoined enforcement of the Executive Order. The Government now moves for an emergency stay of the district…Read More Breaking News

Immigrants’ Know Your Rights Law Show

December 2 2016 - Many have been asking what might happen to immigration once Donald Trump takes power. There were a lot of proposed immigration changes which have not been formalized. However, based on certain groups analysis and the Trump's chosen Cabinet, we can come to our own conclusions. Note at this point we can only guess what might happen until we see some actual new regulations or immigration laws passed. This law show covers not only the issues but also what immigrants should do to prepare for eventual changes in immigration law.…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

Applying for PERM Labor Certification for a relative

The regulation at 20 C.F.R. § 656.10(c)(8) provides that an employer must attest that “[t]he job opportunity has been and is clearly open to any U.S. worker.” If an employer is a closely held corporation, partnership, or sole proprietorship, a presumption arises that the job is not clearly open to U.S. workers when the sponsored alien has a familial relationship with the owners, stockholders, partners, corporate officers, or incorporators of the employer. See Transmark Real Estate, 2011-PER-00475 (June 8, 2012); see also 20 C.F.R. § 656.17(l). The regulation at 20 C.F.R. § 656.17(l)…Read More Breaking News

BALCA Update: Filing a Second PERM for the Same Employee

This is an alert from AILA by the AILA DOL Liaison Committee On September 16, 2016, in Matter of Allianz-9-22-16, BALCA upheld the Certifying Officer’s (CO) denial where the employer had filed two PERM applications for the same employee with “substantially comparable job duties,” noting that in accordance with 20 CFR §656.24(e)(6), an employer is not permitted to have more than one labor certification actively in process for the same foreign worker in the same job opportunity.1 In this case, the employer submitted a PERM application for a “Paralegal and Legal Assistant.” The…Read More Breaking News

Possible Options for H4 Children Dependents Turning 21.

  • Posted on October 19, 2016
  • /Under H1B
Immigration For those from India and China on EB2 and EB3 visas, the waiting time is far too long (see petition for reduction Of EB2 and EB3 time). This causes much concern for those who have children that are about to turn 21. H4 visas are attached to spouses and children that are dependents or are immediate family of H1 B visa holders. The H4 Visa has no limitations for spouses as long as the H1B is valid. Children who turn 21 unfortunately lose the H4 Visa, thus causing great problems for families…Read More Breaking News