Articles Posted in Biden

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick goes over the upcoming April 2022 Visa Bulletin and what you can expect in terms of movement or retrogression in the employment based and family sponsored preference categories.

The visa bulletin is issued every month by the Department of State. It shows which green card applications can move forward, based on when the immigrant petition that starts the green card process was originally filed. The visa bulletin allows you to estimate how long it will take before you will be able to get your green card, based on how quickly the “line” is moving now. You can check the visa bulletin on a monthly basis to determine your place in line.

Want to know more? Keep on watching for all the details.

Overview

What’s happening in the employment-based categories?

FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE

According to the Department of State’s April 2022 Visa Bulletin, the following final cutoff dates will apply for the issuance of an immigrant visa for employment-based categories:

  • EB-1: All countries, including India and China, will remain current.
  • EB-2: India will advance by more than 2 months to July 8, 2013, and China will remain at March 1, 2019. All other countries will remain current.
  • EB-3 Professionals and Skilled Workers: EB-3 India and China will remain unchanged from the previous month, at January 15, 2012, and March 22, 2018, respectively. All other countries will remain current.
  • EB-4: All countries are current, except El Salvador, Guatemala, and Honduras at May 01, 2017, and Mexico at April 01, 2020.
  • EB-5: The Non-Regional Center program will be current for all countries, including China. The Regional Center program has been reauthorized by recent legislation but is still listed as Unavailable in the April Visa Bulletin Final Action Date chart, given that certain provisions of the reauthorizing legislation have not yet taken effect.
Employment-
based		 All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 EL SALVADOR
GUATEMALA
HONDURAS		 INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 01MAR19 C 08JUL13 C C
3rd C 22MAR18 C 15JAN12 C C
Other Workers C 01JUN12 C 15JAN12 C C
4th C C 01MAY17 C 01APR20 C
Certain Religious Workers U U U U U U
5th Non-Regional Center
(C5 and T5)		 C C C C C C
5th Regional Center
(I5 and R5)		 U U U U U U

DATES FOR FILING FOR EMPLOYMENT-BASED PREFERENCE CATEGORIES

Employment-
based		 All Chargeability
Areas Except
Those Listed		 CHINA-
mainland
born		 EL SALVADOR
GUATEMALA
HONDURAS		 INDIA MEXICO  PHILIPPINES 
1st C C C C C C
2nd C 01APR19 C 01SEP14 C C
3rd C 01APR18 C 22JAN12 C C
Other Workers C 01AUG15 C 22JAN12 C C
4th C C 15JUN17 C C C
Certain Religious Workers C C 15JUN17 C C C
5th Non-Regional Center
(C5 and T5)		 C C C C C C
5th Regional Center
(I5 and R5)		 C 15DEC15 C C C C

Which filing chart do I use if I want to apply for adjustment of status based on employment within the USA?

All employment-based preference categories, except EB-5 petitions based on the Regional Center Program, may apply for adjustment of status using the Dates for Filing Chart in the Department of State Visa Bulletin for April 2022.

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Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick provides a brand-new update from the Department of State granting immigrant visa fee exemptions for certain visa applicants who were previously denied visas under Presidential Proclamations 9645 and 9983.

Want to know more? Just keep on watching

Overview

As you may be aware, on January 20, 2021, President Biden issued Presidential Proclamation 10141, “Ending Discriminatory Bans on Entry to the United States,” which immediately rescinded Proclamations 9645 and 9983. These Proclamations had temporarily banned the entry of immigrants from Burma, Eritrea, Iran, Kyrgyzstan, Libya, Nigeria, North Korea, Somalia, Sudan, Syria, Tanzania, Venezuela, and Yemen.

The Department of State has now made changes to its regulations calling for the exemption of immigrant visa (IV) fees for certain applicants who were previously denied an immigrant visa solely based on the temporary travel ban outlined in Proclamations 9645 and 9983.

What changes has the government made?

Effective immediately, all immigrant visa applicants who were previously denied an immigrant visa on or between December 8, 2017, and January 19, 2020, with the sole ground of ineligibility based on Proclamations 9645 or 9983, will be exempted from paying a new immigrant visa application fee or affidavit of support fee if they are reapplying for an immigrant visa.

Applicants will not need to pay a second fee if the following conditions are met:

  1. The immigrant visa applicant was previously denied an immigrant visa on or between December 8, 2017, and January 19, 2020; and
  2. The sole ground of ineligibility was based on Presidential Proclamation. 9645 or P.P. 9983; and
  3. The applicant is reapplying for an immigrant visa.

The Department of State has made clear that this new change in regulation is not retroactive and no refunds will be distributed based on this change.  This new provision will allow for a one-time exemption of the applicable fees per applicant.

Separate from this form of relief, the Department of State regulation 22 C.F.R. 42.81(e) states that an immigrant visa applicant is not required to pay a new application fee when seeking reconsideration of a visa refusal, so long as they (1) apply within one year of the refusal date, and (2) provide additional evidence that overcomes the ineligibility on which the visa was denied.

The Department of State has said that individuals who were refused on or after January 20, 2020, may benefit under that regulation and fee exemption, because they are presumed to have sought reconsideration of their prior refusals on January 20, 2021, when the President issued Proclamation 10141.

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Welcome back to Immigration Lawyer Blog! Are you an entrepreneur wishing to work in the United States temporarily? In this video, Jacob Sapochnick discusses how you can live and work in the United States as an entrepreneur on an O-1A visa.

Want to find out more? Just keep on watching.

Overview

As you know there is no clear pathway in U.S. immigration law for entrepreneurs to obtain a U.S. visa to work in the United States. While many had hoped that comprehensive immigration reform would bring about much needed changes in our current immigration system to afford entrepreneurs the opportunity to build their businesses in the U.S., no “start-up” visa has yet been legislated. However, entrepreneurs are increasingly turning to the O-1A visa as an alternative.

What is the O-1A visa?

The O-1A nonimmigrant visa is suitable for individuals who possess extraordinary ability in the sciences, arts, education, business, or athletics (not including the arts, motion pictures, or television industry which is known as the O-1B visa).

To be eligible, applicants must demonstrate extraordinary ability by sustained national or international acclaim and must be coming to the United States temporarily to continue work in an area of extraordinary ability. Extraordinary ability under U.S. immigration law means that you are one of a small percentage who has arisen to the very top of your field.

One of the main drawbacks of the O-1A visa is that you cannot self-petition for an O-1A. You must have a contract with a U.S. employer to establish a valid employer-employee relationship. As an entrepreneur, however, you may form a company in the U.S. which can petition you for an O-1A, so long as a valid employer-employee relationship has been created.

A valid employer-employee relationship exists where other individuals in the business entity can hire, fire, pay, or control your work. At all times, the company (petitioning entity) must be in control of the work conditions. If it is impossible to fire the employee, then no valid employer-employee relationship can be said to exist.

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Welcome back to Immigration Lawyer Blog! We kick off the start of a brand-new week with new White House initiatives expanding the post-completion Optional Practical Training program for STEM international students, as well as other government initiatives to attract entrepreneurs and highly skilled professionals to the United States seeking O-1 visas and National Interest Waivers.

Want to know more? Just keep on watching!

Overview

White House Releases Initiative Expanding STEM OPT

We are excited to share that just last week, the White House announced a series of policy changes designed to attract and retain the knowledge and training of international students working toward science, technology, engineering, and mathematics (STEM) related fields in the United States. Among these new initiatives, DHS Secretary Alejandro Mayorkas has announced the expansion of the STEM Optional Practical Training (OPT) program, with the addition of 22 new fields of study to the STEM Degree Program List, including economics, computer science, mathematical economics, data science, business and financial analytics.

Currently, the F-1 STEM optional practical training (OPT) extension program grants F-1 students with a qualifying STEM degree, the ability to work in the United States with OPT work authorization for a period of up to 36 months. This expansion of the program will now increase the pool of candidates eligible to receive employment authorization.

Some of the newly added fields of study include: Bioenergy; Forestry, General; Forest Resources Production and Management; Human Centered Technology Design; Cloud Computing; Anthrozoology; Climate Science; Earth Systems Science; Economics and Computer Science; Environmental Geosciences; Geobiology; Geography and Environmental Studies; Mathematical Economics; Mathematics and Atmospheric/Oceanic Science; Data Science, General; Data Analytics, General; Business Analytics; Data Visualization; Financial Analytics; Data Analytics, Other; Industrial and Organizational Psychology; Social Sciences, Research Methodology and Quantitative Methods. To view a complete list of qualifying fields, please click here to view the Federal Register notice. Continue reading

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Welcome back to the Immigration Lawyer Blog! It’s the start of a brand-new year and as always, we at the Law Offices of Jacob J. Sapochnick, are committed to bringing you the latest in immigration news. We are happy for you to join us.

In this video, attorney Jacob Sapochnick shares his top predictions for U.S. immigration in the new year. In this blog post we cover the following topics: What will happen to visa processing during the COVID-19 pandemic? Will there be immigration reform in the new year? Will any new changes be made to the H-1B visa program? What about fee increases? Stay tuned to find out more.

Overview

What are some of our key immigration law predictions for the upcoming year?

Increase in Filing Fees for USCIS petitions and DOS Non-Immigrant Visa Fees

Our first prediction for the new year is an increase in filing fees at both the USCIS and Department of State levels, to help increase government resources during the ongoing COVID-19 pandemic. As you might recall, back in October of 2020, USCIS attempted to increase its filing fees to meet its operational costs. Among the petitions that were to be the most impacted were N-400 applications for naturalization, L visa petitions, O visa petitions, and petitions for qualifying family members of U-1 nonimmigrants.

Fortunately, in September of 2020, a federal court struck down the planned USCIS increase in fees arguing that the new fee increases would adversely impact vulnerable and low-income applicants, especially those seeking humanitarian protections.

We believe that early in the new year USCIS will again publish a rule in the Federal Register seeking to increase its fees to help keep the agency afloat. USCIS previously insisted that the additional fees were necessary to increase the number of personnel at its facilities to meet the increasing demand for adjudication of certain types of petitions. It is no secret that USCIS has experienced severe revenue shortfalls since the start of the pandemic as more and more families found it difficult to afford filing fees. Once those details have been made public we will provide more information right here on our blog and on our YouTube channel.

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Welcome back to the Immigration Lawyer Blog, and Happy New Year! We are excited to have you back. We hope you had a wonderful holiday break with your family and are ready to jump back into the latest in immigration news in the new year. In this video, attorney Jacob Sapochnick shares the latest update regarding the operational status of U.S. Consulates and Embassies worldwide during the ongoing COVID-19 pandemic.

Want to know more? Just keep on watching.

Overview

First let’s start with some good news. In October of last year, the Biden administration took some major steps toward opening the United States to international travelers, lifting many of the COVID-19 related geographic travel bans that were put in place by the Trump administration to reduce the rapid spread of COVID-19. To provide relief to visa holders, President Biden later signed a Proclamation allowing fully vaccinated international travelers to enter the United States beginning November 8, 2021, regardless of their country of origin. At the same time the Proclamation, revoked the previous geographic travel bans including Proclamation 9984, Proclamation 9992, Proclamation 10143, and Proclamation 10199 for those fully vaccinated.

Unfortunately, U.S. Embassies and Consulates have been slow to adapt to the ongoing COVID-19 pandemic, with many posts still limiting operational capacity based on country conditions and local regulations. Services have not returned to pre-pandemic levels and there is simply no semblance of normalcy at the Consular level. This has been extremely frustrating for visa applicants who have been waiting in the massive visa backlogs for an interview.  According to Department of State statistics, approximately 90% of Consular posts continue to be subject to pandemic related restrictions with some partially open and others providing very limited services.

Because most Embassies and Consulates are not fully operational, many applicants currently in the United States that have filed and received approvals for work visa related petitions with USCIS such as H-1B, O-1, E-2 petition-related approvals, etc. have not been able to leave the United States to return to their home country for visa stamping. This has caused even greater frustration among applicants who are essentially “trapped” in the United States due to their inability to obtain an appointment for visa stamping. That is because applicants encounter greater risks when they choose to leave the United States, due to the uncertain and indefinite amount of time they could be waiting for a visa stamping appointment to become available while overseas. An even greater fear is the risk that the applicant may lose his or her job while waiting for an appointment that may not come for a very long time.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a major new development in immigration law: H.R. 5376, the Build Back Better Act was passed by the U.S. House of Representatives on November 19, 2021 and will now move to the U.S. Senate for consideration.

In this blog post, we break down all the major immigration provisions of the Build Back Better Act, including the introduction of new fees that will apply to certain categories of immigrants to request a waiver of the numerical limitations under the law.

Want to know more? Just keep on watching.

Overview

What are the major immigration provisions of the Build Back Better Act?

If passed section 60001 of the House bill would amend certain provisions of the Immigration and Nationality Act and open a path to permanent residency for four classes of immigrants allowing them to adjust their status to permanent residence (a green card). To be eligible, applicants would be required to pay a supplemental fee of $1,500, have no criminal background, and have no inadmissibility issues.

Under the bill, the following individuals would be eligible to apply for permanent residency:

  1. Dreamers: young undocumented immigrants brought to the United States as children before 2007, who have continuously resided in the United States, gone to school, and who otherwise have no criminal record
  2. Essential Workers: The Act would also extend an opportunity to individuals in our workforce who have played an essential role in our society, especially throughout the COVID-19 pandemic, such as health care workers, energy and transportation workers, public works employees, and manufacturing workers, among others.
  3. Temporary Protected Status recipients: recipients of Temporary Protected Status would also be eligible to apply for permanent residency. Temporary Protected Status is a temporary designation given to eligible nationals of designated countries affected by armed conflict or natural disaster. The TPS designation allows recipients to live and work in the United States on a lawful temporary basis
  4. Deferred Enforcement Departure applicants: those who have received a grant of Deferred Enforced Departure would also be eligible to apply for permanent residency. Deferred Enforced Departure (DED) (formerly Extended Voluntary Departure) is a form of relief from removal that allows certain individuals from designated countries and regions facing political or civic conflict or natural disaster to live and work in the United States on a lawful basis.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick provides a very exciting new update for E, L, and H-4 dependent spouses. USCIS has issued a new policy memorandum stating that the agency will automatically allow employment authorization for dependent E, L, and certain H-4 spouses of principal visa holders, without requiring spouses to file I-765 application for employment authorization to be eligible to work in the United States.

Keep on watching to find out more!

Overview

USCIS has now changed its policy to allow dependent E, L, and certain H-4 spouses to automatically qualify for employment authorization. The change came about after settlement of a lawsuit known as Shergill v. Mayorkas, No. 21-1296 (W.D. Wash.) filed against the government.

Pursuant to the settlement agreement reached with USCIS, E, L, and certain H-4 spouses will be eligible to work just by having their valid visas, and they will not need to file any separate applications nor need to apply for a separate employment authorization card (work permit) to seek employment in the United States.

Previously, USCIS required spouses of E, L, and H principal visa holders to apply for an employment authorization document (EAD) to lawfully work in the United States. Spouses were not granted employment authorization simply by having a valid visa in E, L, or H visa classification and were required to pay an additional filing fee of $410 to file the I-765 application for work authorization and wait for its approval.

Following the onset of the pandemic, USCIS began experiencing extreme delays and could no longer process I-765 applications for employment authorization in a timely fashion, taking in some cases 14 months or longer to issue EAD documents. Sadly, this resulted in job losses for many dependent spouses who were stuck waiting many many months to receive their EAD document to prove to their employers their eligibility to work in the United States.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses the Biden administration’s recent plan to rescind the COVID-19 travel bans by November of this year.

Want to know more? Just keep on watching.

Overview

Since January 2020, at least 6 different travel bans have been enacted by Presidential Proclamation to prevent the rapid spread of Coronavirus infections in the United States. These travel bans have temporarily suspended the entry of immigrants and nonimmigrants, who have been physically present within the Schengen Area, Brazil, China, the United Kingdom, Ireland, South Africa, and Iran, during the 14-day period prior to their entry or attempted entry into the United States.

The COVID-19 travel bans

  • China Visa Ban – Proclamation 9984 issued January 21, 2020 – No termination date
  • Iran Visa Ban –Proclamation 9992 issued February 29, 2020 –No termination date
  • European Schengen Area Visa Ban—Proclamation 9993 issued March 11, 2020—No termination date
    • Applies to immigrants and nonimmigrants from 26 European countries including: Austria, Belgium, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Italy, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Netherlands, Norway, Poland, Portugal, Slovakia, Slovenia, Spain, Sweden, and Switzerland
  • Ireland and UK Visa Ban –Proclamation 9996 issued March 14, 2020 –No termination date
  • South Africa Visa Ban—Proclamation 10143 issued January 25, 2021
  • India Visa Ban –Proclamation 10199 issued April 30, 2021—No termination date
  • Brazil Visa Ban—Proclamation 10041 issued May 25, 2020 –No termination date

For a complete list and description of the travel bans please click here.

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses a new court ruling blocking the issuance of initial DACA applications and what this ruling could mean for the future of comprehensive immigration reform. What can we expect to see from Congress regarding the legalization of undocumented young Americans moving forward?

Stay tuned to find out more.

Overview

On Friday, July 16, 2021, a federal judge from the United States District Court for the Southern District of Texas, granted a permanent injunction against the DACA program, which essentially halts the processing of new first-time applications under the program. The permanent injunction however does not prevent the filing of DACA renewals by those who are already receiving benefits under the DACA program. It also does not have any negative impact on DACA benefits already issued under the program such as deferred status, employment authorization, and advance parole.

Why is this ruling significant?

The judge’s recent decision is significant because it may lead to the beginning of a long battle toward achieving comprehensive immigration reform.

As you may recall, the DACA (Deferred Action for Childhood Arrivals) program came about by Executive Order during the Obama administration in 2012. Since then, the DACA program has allowed nearly a million young immigrants to remain in the United States, to live, study, and work as productive members of our society. It has been 9 years since the start of this program, and Congress still has not acted to provide a pathway to citizenship for Dreamers.

The uncertainty surrounding the program and its constant upheaval in courts across the country has led many young immigrants to question whether they can continue to call America, home.

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