Did you know that you can apply for a green card without a job offer or even sponsorship from a U.S. employer?
In this video attorney Jacob Sapochnick tells you all you need to know about the EB-2 National Interest Waiver, an employment-based green card option for professionals who are working in an area of national importance to the United States government.
This video focuses specifically on how engineering professionals can qualify for the National Interest Waiver, which is one of the most popular ways to obtain permanent residence in the U.S.
For more information, please keep on watching.
Overview
If you are an engineer that has earned an advanced degree (baccalaureate or higher) or have exceptional ability in your field of engineering, then you may be eligible to self-petition for a green card by applying for the EB-2 National Interest Waiver.
Unlike the EB-3 employment-based green card which requires employment sponsorship, the EB-2 National interest Waiver allows an individual to self-petition for their green card.
This provides applicants with the freedom and flexibility to apply for permanent residence on their own without having to undergo the lengthy labor certification process with a U.S. employer.
In this video, attorney Jacob Sapochnick discusses the final rule, “Public Charge Ground of Inadmissibility” announced by the Biden administration on December 19, 2022.
The final rule applies to adjustment of status applications postmarked on or after December 23, 2022.
The new public charge rule was issued in response to President Biden’s Executive Order 14012, entitled, “Restoring Faith in Our Legal Immigration Systems and Strengthening Integration and Inclusion Efforts for New Americans.”
As you might recall, in 2018 former President Trump expanded the public charge rule making it more difficult for green card applicants to immigrate to the United States. Later in 2021, the Biden administration rescinded the Trump administration’s public charge rule and restored the original public charge of inadmissibility guidance that was in place before Donald Trump became President.
To help green card applicants prepare for the change, the Biden administration released a new edition of Form I-485 to better implement the regulations.
Want to know more about this topic? Just keep on watching.
Overview
How can the public charge rule impact me?
Biden’s public charge rule will impact all those who are filing Form I-485 Application to Register Permanent Resident or Adjust Status on or after December 23, 2022, with few exceptions.
Although new policy updates are being implemented by the Biden administration, it is important to understand that the “public charge” concept has been around since 1999 when Congress made it a matter of law for a noncitizen’s application for a visa, admission, or adjustment of status to be denied if the applicant is “likely at any time to become a public charge,” on the United States government.
We would like to highlight that in our practice, we have rarely seen an applicant denied solely on public charge grounds, however it is still important to understand what the public charge rule is about and what factors USCIS considers when analyzing whether a green card applicant is currently or likely to become a public charge.
Are you an international student in the United States or planning to apply for an F-1 visa? Then this video may interest you. Here, we discuss a recent announcement made by the U.S. Citizenship and Immigration Services (USCIS) regarding the loss of accreditation of the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency, and how it will impact certain F-1 students in the United States. The ACICS agency accredited close to 30 schools in the United States attended by more than 5,000 students.
Did You know? The U.S. Department of Education has announced it will no longer recognize the ACICS as an accredited agency. Accordingly, students in an English language program or those seeking an extension of their STEM OPT may be impacted.
If you want to know more just keep on watching.
Overview
On August 19, 2022, the U.S. Department of Education (ED) announced that it no longer recognizes the Accrediting Council for Independent Colleges and Schools (ACICS) as an accrediting agency. This determination immediately affects two immigration-related student programs:
Welcome back to Immigration Lawyer Blog! In this video, attorney Jacob Sapochnick discusses an important new update to the USCIS Policy Manual clarifying the circumstances under which a USCIS officer may waive the in-person interview requirement for family-based conditional permanent residents filing to remove their conditions on permanent residence on Form I-751 Removal of Conditions. Conditional permanent residents are those who have received a 2-year conditional green card from USCIS and are seeking to remove those conditions to obtain the 10-year permanent resident card.
Want to know more? Just keep on watching!
Overview
As you may be aware, foreign nationals who apply for a green card based on a marriage to a U.S. Citizen that was less than 2 years old at the time of approval, receive a conditional green card valid for a 2-year period. This is done as a fraud prevention mechanism to ensure that the foreign national married the U.S. Citizen for the right reasons, and not solely to obtain an immigrant benefit. Foreign nationals who receive a 2-year conditional green card must file Form I-751 to remove their conditions, within the 90-day window before their conditional green card expires.
To ensure that the foreign national has a bona fide marriage, USCIS requires the conditional green card holder to appear for an in-person interview so that the officer has the opportunity to evaluate whether the marriage was entered on a genuine basis, and not to circumvent U.S. immigration laws.
The policy manual now clarifies that USCIS officers have the discretionary power to waive the in-person interview requirement for I-751 Removal of Conditions applicants, under certain circumstances.
According to the new guidance, USCIS officers may consider waiving an interview, if, generally, the applicant meets all eligibility requirements for removal of conditions, and the record contains sufficient evidence for approval, and there is no indication of fraud, misrepresentation, criminal bars, or such factors that would require the in-person interview to take place.
In practice this means that the conditional permanent resident must have provided sufficient documentary evidence to establish their eligibility for removal of conditions, including proof of cohabitation, joint ownership and responsibility for assets and liabilities such as joint federal income tax returns and joint checking and savings accounts, photographs of the couple throughout their relationship, children born to the marriage, and any other relevant documentation. The information stated on the I-751 Removal of Conditions application must also be free of any inconsistencies when compared to information provided in the applicant’s initial green card filing. For instance, inconsistencies in residential history or inconsistencies in facts stated can lead to an interview being required. Recent criminal offenses since the filing of the initial green card can also be a reason for an in-person interview to be required.
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.
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
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick brings you a brand-new update available on our YouTube channel, discussing a new policy that will allow U visa victims of criminal activity to apply for employment authorization with the United States Citizenship and Immigration Services (USCIS), and receive deferred action protecting them from removal from the United States while their applications are pending with USCIS.
Keep on watching for all the details.
Overview
What is the U visa?
The U visa is a special nonimmigrant visa classification specifically created by U.S. Congress for victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. The purpose of the U visa is to protect certain victims of crimes while at the same time ensuring that perpetrators of certain crimes are brought to justice.
In general, to qualify for a U visa, you must:
Have been the victim of a qualifying criminal activity (such as extortion, felonious assault, rape, sexual assault, domestic violence, sexual exploitation, stalking, torture, and other types of crimes.)
Have suffered substantial physical or mental abuse as a result of having been a victim of criminal activity.
Have information about the criminal activity. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may possess the information about the crime on your behalf
Have been helpful, are helpful, or are likely to be helpful to law enforcement in the investigation or prosecution of the crime. If you are under the age of 16 or unable to provide information due to a disability, a parent, guardian, or next friend may assist law enforcement on your behalf.
The crime must have occurred in the United States or violated U.S. laws.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick hosts a live immigration broadcast on our YouTube channel, discussing brand new developments in the world of immigration, including new updates recently discussed at the American Immigration Lawyers Association (AILA) conference that took place last week, and brand new policy changes at the United States Citizenship and Immigration Services (USCIS).
Keep on watching to find out more.
Overview
Updates from the AILA Conference
Today, the United States Citizenship and Immigration Services (USCIS) announced that effective today, applicants with pending U visa applications, or those who are getting ready to file new U visa applications, are eligible to apply for employment authorization by filing Form I-765 Application for Employment Authorization and can receive “deferred action” status meaning that they will not be prioritized for removal from the United States.
For those who are not familiar with the U visa program, the U visa is a special immigrant status given to victims of certain crimes who have suffered mental or physical abuse and are helpful to law enforcement or government officials in the investigation or prosecution of criminal activity. Among those eligible are certain victims of abduction, domestic violence, sexual assault, trafficking of noncitizens, rape, prostitution, and other crimes, who are willing to help law enforcement authorities in the investigation or prosecution of the criminal activity. The U visa eventually allows the victim to attain lawful permanent residence in the United States (also known as the green card).
Previously U visa beneficiaries were not entitled to employment authorization, making their lives extremely difficult considering that it is currently taking over 5 years to process the U visa application.
With this new policy change, those who have filed a U visa application that has been pending with USCIS, will be eligible to apply for employment authorization as of today, as well as new applicants.
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick gives you the most recent updates in the world of immigration including important information about the continuation of the International Entrepreneur Parole Program, the Department of Homeland Security’s recent decision to withdraw a biometrics rule that would have required biometrics to be taken for every applicant, the current status of interview waivers being granted during the COVID-19 pandemic, and finally new policy guidance issued by USCIS that provides deference to previous decisions for those filing extension requests with the agency.
Want to know more? Keep on watching.
Overview
The Continuation of the International Entrepreneur Parole Program
Today, May 10, 2021, the United States Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS) will be withdrawing a notice of proposed rulemaking first initiated under the Trump administration, which sought to terminate the International Entrepreneur Parole Program, a program first proposed by President Obama to facilitate the immigration of foreign entrepreneurs to the United States.
The proposed rule, “Removal of International Entrepreneur Parole Program,” was first issued by the Trump administration on May 29, 2018, shortly after President Trump signed Executive Order 13767 “Border Security and Immigration Enforcement Improvements,” into law. The proposed rule was masterminded by the Trump administration to ultimately delay the planned implementation of the program on July 17, 2017, with the goal of eventually dismantling it altogether.
To hinder the implementation of the program, with the passage of Executive Order 13767, former President Trump narrowed the pool of applicants who could become eligible for “parole,” and directed federal agencies to “ensure that parole authority under section 212(d)(5) of the INA is exercised only on a case-by-case basis in accordance with the plain language of the statute, and in all circumstances when an individual demonstrates urgent humanitarian reasons, or a significant public benefit derived from such parole.”
Welcome back to the Immigration Lawyer Blog, where we discuss all things immigration. In this video, attorney Jacob Sapochnick discusses some breaking news in the world of immigration. On January 26, 2021, a federal judge in Texas temporarily blocked the Biden administration’s 100-day pause on deportations.
Want to know more? Keep on watching for more information.
Overview
The Biden administration is facing its first legal challenge. We recently learned that a federal judge from the U.S. District Court for the Southern District of Texas has granted a 14-day nationwide temporary restraining order that immediately blocks the Biden administration’s efforts to put a 100-day pause on deportations.
How did this happen?
The federal judge’s decision came after the Attorney General of Texas filed a lawsuit requesting a temporary restraining order to stop the Biden administration from pausing deportations.
Judge Drew B. Tipton, appointed by former President Donald Trump, ultimately agreed with the State of Texas that Biden’s suspension of deportations violates the Administration Procedure Act (APA), as well as key provisions of the INA which mandate that aliens with final orders of removal be deported within 90 days.
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