Articles Posted in Non immigrant Visas

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Want to know how to change your address with the U.S. Citizenship and Immigration Services? In this video, attorney Jacob Sapochnick walks you through the process with a step-by-step guide and answers some of your frequently asked questions.

Did you know? By law, most temporary U.S. visa holders and even lawful permanent residents are required to inform USCIS every time they change their residential address. The address change notification must be sent to USCIS within 10 days of moving.

Failing to notify USCIS of an address change can have serious consequences, including making a foreign national subject to deportation. In addition, it could lead to non-delivery of very important correspondence from USCIS such as delivery of a green card, requests for evidence, and/or denial notices associated with a pending application or petition.

Want to know more? Just keep on watching.

Overview

home-gbb57f5a14_1920While you are going through your immigration process with USCIS, there may come a time where you must move to a new residence. Whether it’s moving to a different city or state, you are required to notify USCIS of your move within 10 days by filing a change of address form on the USCIS webpage or by mail.

It is very important to file your change of address for two reasons. First, by failing to change your address you might miss out on receiving critical correspondence from USCIS such as Notices of Action on your case, requests for additional evidence needed from you (RFEs), interview appointment notices, biometrics appointment notices, notices of intent to deny, and such related documents. Many of these notices are subject to time limits, requiring applicants to respond or appear by specific dates. Failure to respond by the stated deadline on a notice, or failure appear for an appointment could not only result in the closure and denial of your case, but also potential removal from the United States.

Secondly, you must change your address with USCIS because it is the law. As stated, under the law, you are required to notify USCIS every time that you move. In fact, failure to notify USCIS of a change of address can be a misdemeanor offense, could lead to fines, jail time, and in some instances even deportation for those who have never ever reported an address change.

The reality is that often times people are not penalized for failing to report a change of address with USCIS, because the vast majority of people who go through the immigration process do in fact submit a change of address online.

What if I am a green card holder, do I need to notify USCIS of my change of address?

Absolutely. Even legal permanent residents (LPRs) must notify USCIS every time that they move within 10 days of the move. The rules are the same regardless of whether you are a conditional permanent resident (2-year green card holder) or legal permanent resident (10-year green card holder). It does not matter that you do not have a pending case with immigration. You must still notify USCIS every time that you move.

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What’s happening with the status of green card processing with USCIS? In this video, attorney Jacob Sapochnick, discusses an exciting new update for green card applicants recently handed down by the Presidential Advisory Commission.

Want to know more? Just keep on watching.

Overview

Things are looking up in the world of immigration. We have recently learned that a U.S. Presidential Advisory Commission has voted to reduce the processing time of green card applications to a period of 6 months. The Advisory Commission has recommended these recommendations be enacted by President Biden, to provide relief to applicants waiting in the enormous backlogs to attain permanent resident status.

What is this all about?

The President’s Advisory Commission on Asian Americans, Native Hawaiians, and Pacific Islanders (PACAANHPI) has recommended that the U.S. Citizenship and Immigration Services (USCIS) establish a new internal cycle time goal by eliminating inefficiencies such as redundancies, facilitating automation of approvals, and improving internal systems. The Advisory Commission hopes that the new cycle time for processing forms will drastically reduce green card processing times to just 6 months for all forms related to all green card applications, family-based green card applications and DACA renewals. The Commission has also recommended for the National Visa Center (NVC) to hire additional officers to support additional capabilities to schedule immigrant visa (IV) interviews.

The objective is to increase processing capacity by 100% by August 2022 and reach 150% capacity by April of 2023.

Once the National Visa Center is able to catch up with pent up demand, U.S. Embassies and Consulates worldwide should also increase capacity by hiring more officers and become more efficient to meet the 6-month time cycle proposed by the Presidential Advisory Commission.

If this recommendation is adopted, it will speed up the processing of thousands of green card applications currently stuck in the backlogs and result in faster approvals.

The Advisory Commission reviewed I-485 green card applications pending in the United States and requested USCIS to try to process associated I-765 work permits and I-131 travel permits also within 90 days.

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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 brand-new update from the U.S. Department of State regarding the status of E-2 Treaty Investor Visa processing at Consulates and Embassies worldwide. Please note that this information is being provided as of March of 2022.

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

Overview

In the past few months, E-2 visa processing times have varied significantly due to the suspension of routine visa services at all U.S. Embassies and Consulates, a move that was announced by the Department of State in July of 2020. This suspension occurred in response to significant worldwide challenges posed by the Coronavirus pandemic. Since then, operational capacity has continued to be limited for non-immigrant visas at most U.S. Embassies and Consulates resulting in delays in providing visa interview appointments, including for E-2 visa investors. To make matters worse, the Department of State put the processing of non-immigrant visas on the back-burner, giving priority to immigrant visa petitions including family-based petitions and fiancé(e) visas. In this post, we provide you with the most up to date information regarding current processing times as of March 2022 for E-2 investors to receive an appointment at Consular posts abroad.

Not only has there been a sharp decline in E-2 visa processing at most Consulates and Embassies worldwide, but some posts have refused to accept E-2 visa applications altogether. Such Embassies that have refused to accept E-2 visa applications include U.S. Embassy Ankara, Turkey; U.S. Embassy Bogota, Colombia; and U.S. Embassy Bridgetown, Barbados.

The U.S. Embassy in Bogota, Colombia for instance has not adjudicated any E-2 visa applications for more than 1 year, according to recent information provided by the U.S. Department of State.

In a recent meeting between the American Immigration Lawyers Association (AILA) and the U.S. Department of State, the government provided more information regarding E-2 visa processing delays. Here is what they had to say.

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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 Immigration Lawyer Blog! We kick off the start of a brand-new week with even more immigration news.

In this video, attorney Jacob Sapochnick shares the following new immigration updates: new vaccination policies and procedures being followed by U.S. Customs and Border Protection (CBP) following the release of the Proclamation, Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic, new updates for certain B1/B2 tourists visa applicants, tips for U.S. permanent residents stuck overseas, and solutions for those traveling under the Visa Waiver Program that have not been able to leave the United States due to flight cancellations.

Overview

CBP Customs and Border Protection Operations in 2022

In a recent meeting with the American Immigration Lawyers Association (AILA), U.S. Customs and Border Protection (CBP) provided further clarification regarding admission of non-U.S. Citizens to the United States following the issuance of Proclamation on Advancing the Safe Resumption of Global Travel During the COVID-19 Pandemic. This new Proclamation requires non-citizens to be fully vaccinated against COVID-19 to gain admission.

CBP has made clear that the agency is not responsible for enforcing the vaccine requirement stipulated in the Presidential Proclamation.

Instead, CBP is merely responsible for enforcing all guidance provided by the Centers for Disease Control and Prevention (CDC) such as ensuring that all air travelers, 2 years of age or older, present a negative COVID-19 viral test (regardless of vaccination status or citizenship) no more than 1 day before planned travel to the United States and proof of full vaccination against COVID-19 as mandated by the CDC. Travelers must show their negative result to the airline before boarding their flight.

Pursuant to CDC regulations, you are considered fully vaccinated:

  • 2 weeks (14 days) after your dose of an accepted single-dose vaccine
  • 2 weeks (14 days) after your second dose of an accepted 2-dose series
  • 2 weeks (14 days) after you received the full series of an accepted COVID-19 vaccine (not placebo) in a clinical trial
  • 2 weeks (14 days) after you received 2 doses of any “mix-and-match” combination of accepted COVID-19 vaccines administered at least 17 days apart*

* CDC has not recommended the use of mix-and-match COVID-19 vaccine primary series. However, such strategies are increasingly common in many countries outside of the United States. Therefore, for the of purpose of interpreting vaccination records for travel to the United States, CDC will accept combinations of accepted COVID-19 vaccines.

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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 the latest in immigration reform. Over the past few months, Democrats have been scrambling to pass immigration reform through a series of social spending proposals included in President Biden’s Build Back Better Act, a piece of legislation that would shield Dreamers, TPS holders, farm workers, and essential workers from deportation.

Want to know more? Just keep on watching.

Overview

For a third time the Democrats have tried and failed to introduce comprehensive immigration reform proposals in the reconciliation bill known as H.R. 5376 “the Build Back Better Act.”

What happened?

On December 16, 2021, the Senate Parliamentarian, Elizabeth MacDonough, rejected the most recent proposal by Democrats in Congress to introduce important protections for undocumented immigrants including Dreamers, TPS visa holders, farm workers, and essential workers. H.R. 5376 also included provisions that would extend work permits, provide temporary relief from deportation for undocumented immigrants who came to the United States before January 2011, and other provisions that would exempt certain employment-based and family-based immigrants from the numerical limitations prescribed by the Immigration and Nationality Act.

The Senate Parliamentarian quickly shot down the new proposals, stating that Congressional Democrats could not include a pathway to citizenship for undocumented immigrants in a social spending bill. Further, MacDonough indicated that if passed, the proposal would create a new class of about 6.5 million eligible individuals for permanent residency which was already prohibited in the previous two rejected proposals. She added that the most recent proposal by Democrats was deficient in the same way as the previous proposals stating, “there are substantial policy changes with lasting effects just like those we previously considered and outweigh the budgetary impact.”

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Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some exciting news. The United States Citizenship and Immigration Services (USCIS) has submitted for federal review, a final regulation that if passed would expand premium processing services to additional categories of immigrants. The rule is currently under review at the Office of Management and Budget (OMB). While the rule has not yet been published in the Federal Register, it has the potential to substantially improve processing times for more categories of immigrants that have been waiting extended periods of time for their applications to be approved during the COVID-19 pandemic.

In this post, we break down exactly who may benefit from this new regulation and what fees might apply once the rule becomes final.

Want to know more? Just keep on watching.

Overview

Many have been eagerly awaiting news regarding the expansion of premium processing services and it seems the time has almost come. For those who may be wondering, premium processing service is a special type of fee-based service offered by USCIS that allows for expedited processing of certain Form I-129, Petitions for Nonimmigrant Worker, and Form I-140, Immigrant Petitions for Alien Worker. With this service, applicants can pay an additional fee and submit Form I-907, Request for Premium Processing Service, to guarantee the adjudication of their applications within 15 calendar days.

The current categories of applicants who can request premium processing service and the required filing fees are as follows:

  • $2,500 if you are filing Form I-129 requesting E-1, E-2, E-3, H-1B, H-3, L (including blanket L-1), O, P, Q, or TN nonimmigrant classification.
  • $1,500 if you are filing Form I-129 requesting H-2B or R nonimmigrant classification.
  • $2,500 if you are filing Form I-140 requesting EB-1, EB-2, or EB-3 immigrant visa classification.

Outside of the above categories of visa applicants, premium processing service has not been made available to other applicants. But this may all be about to change.

While we are still awaiting the rule’s official publication in the Federal Register to study its complete details, we know that the rule will identify additional categories of applicants who can request premium processing service and will provide in detail the processing times, and associated fees for each type of applicant.

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