Immigration Blog

Unpaid H1B Back Pay Lawsuits and WH4 Complaints 8/14/18 If you have been illegally benched on H1B, you have many lot of options to pursue unpaid wages. Employers actually are in a compromised position if they don’t withdraw an employees H1B and bench them without pay, as the DOL is heavily skewed in favor of employees.

Instant Deportation After Extension Denial and Denials Without RFE? 8/14/18 This video gives your the straight truth over the hype about USCIS supposedly instituting deportations if an extension is denied putting you out of status, and the unfounded warnings about denials without RFEs. This is nothing new, just rehashing known policies in a way to stoke fear.

H1B RFE Wage Level 1 Approval Story 9/28/2017 USCIS has finally issued a decision on an H1B petition where we were challenged on the validity of selecting wage level 1. In this video, a brief explanation of how the petition was approved is provided.

H1B RFE for Wage Level 1 for Computer Programmers 8/18/2017 USCIS is issuing a new type of RFE where it is arguing that selecting wage level 1 on an LCA for computer programmers and other occupations may not qualify for H1B. This video discusses this RFE and how it may be handled.

Trump Obama Startup Visa 7/21/17 Obama’s 30 month entrepreneur parole rule which was to be implemented on July 16, 2017 has been halted and delayed to March 18, 2018, and may be repealed by the Trump administration, however, the rule may be subject to challenges.

Free Do-it-yourself H1B Guide 6/21/17 In this video, we will break down the H1B specialty occupation evaluation process, and provide you with the basics of what goes into an H1B petition. This is NOT a substitution to hiring a professional. Also, professional level evaluation is often necessary to select the proper classification, and to defend the case at the RFE stage if an RFE is used.

Zakir Naik Stateless, Possible Asylum in the United States? 6/21/17 Zakir Naik has recently had his Indian Passport revoked. In India, he is a wanted man for allegedly financing terror activities and money-laundering. Claims he vehemently denies. If this is the case, and he indeed has no ties to terrorist groups, he could be a potential asylum beneficiary on the basis of persecution on account of imputed political opinion.

Arrest Up Deportations Reduced Under the Trump Administration – 6/8/17 There has been nearly a 40 percent increase in immigration arrests in 2017 under the Trump administration. Approximately 40,000 people suspected of being present without status have been arrested. These figures were released by the Acting Immigration and Customs Enforcement (ICE) Director, Thomas Homan.

Indian Pleads Guilty to Multi-million Dollar USCIS/IRS Scam 6/8/17 An American women of Indian origin, from Alabama plead guilty, admitting her involvement in a scam where India-based call centers cheated people out of millions of dollars. Nilam Parikh, age 46, admitted her guilt in the US District Court of the southern District of Texas, according to the US Justice Department.

I-130 Marriage Fraud Referral Sheet Leaked 7/6/15 If your I-130 marriage based petition got denied, or if you ever wondered what criteria USCIS uses to evaluate whether a marriage based green card petition requires fraud investigation, this video provides a review of the fraud referral sheet used by immigration officers in making such evaluations.

Negative Control 50/50 Ownership for two E-2 Applications – 6/25/15 There is an often missed rule that actually allows two foreign nationals to obtain an E-2 visa as an investor, even where the investment amounts differ, as long as they both share ownership of the business 50-50. This rule is known as the negative control rule.

Substantial Investment and Proportionality Test for E-2 6/25/15 The substantial investment and proportionality test for E-2 visa applications is often misunderstood. This video explains how to determine whether your investment will be considered a substantial investment, and how the sliding scale proportionality test works.

Getting an H1B Petition Approved Without a License 2/28/13 If you are in a profession requiring a license, can you file your H1B petition without the license. In some cases, yes, even if you aren’t in the process of obtaining the license. This video breaks down the issue in detail.

Posting Job Ads in Local or Ethnic Newspapers for PERM – 2/14/2013 If you intend to fulfill PERM recruitment requirements using a local or ethnic newspaper, this video explains some of the pitfalls to watch out for. A simple approach is to just post on a weekday in the paper of general circulation.

INA 214(b) Disproving Lack of Ties to One’s Home Country – 11/9/12 If your B-1 or B-2 visitor visa was denied on account of INA 214(b), that means that you have not showed sufficient ties to your home country. This video explains what you can do to avoid this result in a future application.

National Visa Center (NVC) Process – Free Case Assessment 10/24/12 Have you received a fee bill from USCIS’s National Visa Center (NVC)? This video guides you through some of the basis of National Visa Center processing. It was prepared for a now discontinued website, ImmigrationEase, and although the site doesn’t provide services anymore, this video is still of value and provided for your reference.

B2 Tourist Visa Applications – Free Case Assessment 10/24/12 This video provides you with a simple self-assessment as to whether a B-2 tourist visitor visa is an appropriate visa for you. This video was prepared for a now closed website ImmigrationEase, and is still of value to benefit you if you are considering to apply for a visitor visa.

B1 Business Visa Application – Free Case Assessment 10/24/12 This video guides you through the process of a self-assessment of whether you may qualify for a B-1 business visitor visa. It was created for a now defunct website called “ImmigrationEase.” Although Immigration Ease is no longer supported, this video still is of value.

Do you Qualify for DACA (Deferred Action for Childhood Arrival)? 8/25/2012 In this video, the topic of DACA deferred action for childhood arrivals, established by the Obama Administration, is covered. The benefits, risks, and political implications are covered as well. This is an alternative to the DREAM Act.

Is Your College Accredited for H1B and I-140 Purposes? – 4/26/2012 It is absolutely critical that your degree is from an accredited program if you’re filing an H1B petition, seeking a master’s cap exemption, and if you’re filing an I-140 petition and using the degree as a qualification for EB2 or EB3.

The New Obama Era I-601A Provisional Hardship Waiver – 4/6/2012 Ten Facts (accurate as of the recording of this video): 1. It is not yet available, but should be later this year (UPDATE: and it is now available). 2. You must be beneficiary of IR APPROVED petition from USC. Not pending.

Consulate Abuses Administrative Processing in H1B Cases – 2/28/2012 In this video, a denial based on administrative processing is revealed and analyzed.

After your I-130 Marriage Petition Gets Denied – 2/23/2012 If your I-130 green card petition and I-485 adjustment of status gets denied, what should you do? What can you do? This video helps answer these questions. If it was due to a difficult or unreasonable option, you should not be too worried, because you can generally refile.

Tips on Qualifying for a U-visa Crime Victim – 2/23/2012 If you’ve been a victim of particular crimes on the U-visa list of crimes, you could potentially qualify for a U visa. There are many advantages that the U-visa has in that you can easily waive the EWI entry without inspection bar.

Tips on Qualifying for a National Interest Waiver 2/23/2012 The national interest waiver, NIW, is a type of immigrant visa sponsorship process in the EB2 category for which the petitioner does not need an employer. It allows you to skip the labor certification. This video provides some useful tips to qualify for the national interest waiver.