Immigration Blog

Cap Gap Extension Applicability for F-1 Students Seeking H-1B – 7/29/11 This vlog entry covers the topic of the H1B cap gap extension, and the STEM extension, and the e-verification requirement in order to qualify.

Professional H1B Assessment Process – 8/1/2011 The topic of this video is how a professional makes assessment of whether a job qualifies for H1B status. This goes over some of the basis, from prevailing wage, what the employer requires and what the candidate possesses in terms of qualifications to have to petition qualify as a “specialty occupation.”

Writ of Mandamus Complaints and 1447(b) – 10/7/2011 In this video, the topic of writ of mandamus complaint and 1447(b) complaints is discussed. If you have a petition which is delayed to an unreasonable extent, then a writ of mandamus complaint could be filed to compel USCIS to act on the case.

Double Your Chance of Winning Asylum – 11/29/2011 Immigration lawyer/attorney, Hasan Abdullah, provides his personal insights on the political asylum process in the United States. Link to Immigration Judge Reports: https://trac.syr.edu/immigration/reports/judgereports/ Here’s a link to a GAO report showing applicants with legal representation have twice the approval rate as those without legal representation, yes it is an old report, but should still be considered relevant.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

STEM OPT extensions at Consulting Companies Safe Again 8/17/18 USCIS is now allowing consulting companies to support STEM OPT extensions again, even if the worker is placed at a client worksite.

Free Handout for Treaty Investor Visas to Relocate to the US 10/3/18 This video explains how E-2 visas can be used be foreign nationals of certain qualifying treaty trader countries to live and work in the US by setting up or purchasing a small business. Email us at info@usavisalaw.com to request the handout.