Former INS Attorney Carl Shusterman (1976-82) explains the CSPA national class action lawsuit which was decided by the US Supreme Court in 2014. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
Even though Attorney Shusterman won the case during an 11-judge panel of the US Court of Appeals, 9th Circuit, the Supreme Court reversed the decision of the lower court by a 5-4 margin.
The Court ruled that the language that Congress used in writing the statute was not clear, and choose to defer to a restrictive decision, Matter of Wang, by the Board of Immigration Appeals (BIA).
The case concerned the ability of "aged-out" children to immigrate to the US together with their parents under CSPA's "automatic conversion" and "priority date retention" clause.
Attorney Shusterman is now working with members of Congress to clarify the language in CSPA in order to keep immigrant families intact.
For more information please see our Child Status Protection Act Page: https://shusterman.com/childstatusprotectionact.html
Former INS Trial Attorney Carl Shusterman (1976-82) explains the eligibility requirements for H-1B temporary work visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
H-1B, or specialty occupation, visas are granted to persons who jobs require a Bachelors degree or equivalent, who possess such a degree/experience and whose employers agree to pay them either the prevailing wage, or the actual wage, whichever is higher.
Since 1991, H-1B visas have been subject to a numerical cap, which is currently set at 85,000. Since employers submit over twice that many H-1B petitions, applicants are subject to a lottery.
However, the following are cap-exempt:
* Working "at" an institution of higher education;
* Non-profit employers which are "affiliated" with or "related" to institutions of higher education;
* Non-profit research organizations
* Governmental research organizations
In addition, physicians who have received J waivers are not subject to the numerical cap..
Before submitting an H-1B visa petition, an employer must receive an approved Labor Condition Application (LCA) from the US Department of Labor. The employer must certify the following:
* Wages: Pay the required wage to the workers for whom it will file a petition supported by the LCA for the duration of the authorized period of employment;
* Working Conditions: Provide the nonimmigrant workers working conditions that will not adversely affect the working conditions of U.S. workers similarly employed, such as hours, shifts, vacation periods, and benefits based on the same criteria as those the employer offers to its U.S. workers;
* No Strike or Lockout: Ensure that there is no strike, lockout, or work stoppage in the course of a labor dispute in the occupational classification at the place of employment at the time of filing the ETA Form 9035/9035E; and
* Notice: Notify its U.S. workers that it intends to hire an H-1B nonimmigrant worker by either providing notice of the LCA to the bargaining representative (representing the workers of the employer in the same job classification and area of intended employment as the nonimmigrant worker), or where there is no bargaining representative, providing electronic notice of the filing of the LCA or by posting notice of the LCA in at least two conspicuous locations in the employer's place(s) of business in the area of intended employment. The notice must contain specific information about the nonimmigrant workers sought and the process for submitting allegations of misrepresentation or non-compliance related to the LCA. Since the ETA Form 9035/9035E contains this information, employers may choose to comply with the notice requirement by providing or posting a copy of the ETA Form 9035/9035E.
This video discusses various topics related to H-1B visas including Labor Condition Applications, cap-subject vs. cap-exempt H-1Bs, extension of stay, change of status, change of employers and post-6th year H-1B extensions.
For more information, please see our H-1B Visa Guide at http://shusterman.com/h1bvisaguide.html
Former INS Attorney Carl Shusterman (1976-82) explains the proposed Comprehensive Immigration Reform bill. Schedule a legal consultation (by Skype, telephone or in person) at https://shusterman.com/intake-secure.html.
The Comprehensive Immigration Reform bill passed by the US Senate in 2013 offers a pathway to citizenship for the 11 million undocumented immigrants in the US, mandatory employment verification, border security, entry and exit systems, and visas for both low and high-skilled workers.
Some of the more significant changes proposed in the bill are to the family-based (FB) and employment-based (EB) immigration systems. For both systems, one major step toward eliminating backlogs would be to recapture unused visa numbers from 1992-2013 to be added to the numbers available for fiscal year 2015.
While the bill would decrease the number of FB green cards available annually in the preference categories from 226,000 to 161,000, the immediate relative category would be expanded to include spouses and children of permanent residents. Also, for the first time, the bill would permit derivative beneficiaries of immediate relatives to immigrate along with the principal beneficiaries. New visa petitions for the F4 category for siblings of U.S. citizens would be phased-out after 18 months. F3 numbers would be limited to married sons and daughters of U.S. citizens 30 years old or younger. CSPA would be amended to provide that aged-out beneficiaries would retain their priority dates. Per-country quotas would be increased from 7% to 15%, further helping to reduce waiting times, especially for persons born in Mexico and the Philippines.
For the EB system, the bill would eliminate the 7% per-country quotas, excellent news for high-skilled workers from India and China. It would also eliminate quotas for spouses and children of EB workers, persons in the EB-1 categories, low-skilled workers in the EB-3 category, individuals with doctorate degrees, and STEM graduates. STEM graduates would also be eligible to apply for National Interest Waivers and to skip the PERM process. Another big change would be the removal of the Diversity Visa Lottery, freeing up additional EB numbers.
Helping foreign-born physicians, the bill would make the Conrad 30 program permanent and make both J and F visas dual intent visas, similar to H-1B and L-1 visas. The bill would also increase the number of H-1B visas to 115,000-180,000, depending on demand. Spouses of H-1B visa-holders would now also be able to apply for work permits. The bill would reinstate visa revalidation in the U.S., allowing non-immigrant visa holders to get a new visa without having to return to their home countries.
For more information please visit our Comprehensive Immigration Reform bill page at http://shusterman.com/immigrationreform2013.html
Former INS Attorney Carl Shusterman (1976-82) explains how to avoid the long waits in the family-based immigration preference categories. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
The family-based immigration preference categories include:
1st - Unmarried adult sons and daughters of US citizens
See http://shusterman.com/green-cards-for-unmarried-sons-and-daughters.html
2A - Spouses and Children of Green Card Holders
See http://shusterman.com/green-cards-for-spouse-and-children.html
2B - Unmarried Adult Sons and Daughters of Green Card Holders
See http://shusterman.com/green-cards-unmarried-adult-sons-and-daughters.html
3rd - Married Sons and Daughters of US Citizens
See http://shusterman.com/green-cards-for-your-married-children.html
4th - Brothers and Sisters of US Citizens
See http://shusterman.com/green-cards-for-brothers-and-sisters.html
Attorney Shusterman explains various factors that can help you speed up what might otherwise by a very long wait for a green card.
For example, let's say you are born in Mexico or the Philippines and have been petitioned under the family-based 4th preference category by your US citizen sibling. The waiting time would normally be over 20 years. However, if you marry someone who was not born in Mexico or the Philippines, your waiting time will be cut in half.
Attorney Shusterman uses his 38 years of experience as an immigration lawyer to provide you with various tips to shorten your waiting time for a green card under the State Department Visa Bulletin.
For more information please see our Green Cards through Family Members page at
http://shusterman.com/greencardsthroughrelatives.html
Former INS Trial Attorney (1976-82) Carl Shusterman explains Employment-Based (EB) visa categories. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
Each month, the State Department issues the Visa Bulletin. The Visa Bulletin tells you the waiting times in each of the employment-based (EB) preference categories. See http://shusterman.com/statedepartmentvisabulletin.html
However, the dates on the Visa Bulletin do not move forward at the same rate. In fact, sometimes they move backwards. This occurs when there are not enough green cards available to be given out to people in the EB categories. While the supply of green cards is fixed, at least on an annual basis, the demand for green cards is not.
Each year, up to 140,000 people obtain permanent residence in the US in the EB categories. Persons born in a certain country are limited to 7% of the total.
But the preference system is much more complex than it seems.
Persons can apply for green card in multiple preference categories at the same time. You can have both your employer and your US citizen brother sponsor you. And you can also apply for permanent residence through the DV green card lottery. See http://shusterman.com/greencardsthroughrelatives.html and http://shusterman.com/greencardlottery.html
Sometimes, if it takes too long to immigrate through the EB-3 category, a person will change employers and reapply under the EB-2 category and will be able to retain their original priority date.
Other times, a person in a backlogged category for their country will marry someone from a different country, and use "cross-chargeability" to lessen their waiting time for a green card.
A person waiting for a green card in a backlogged category will sometimes marry a US citizen and adjust status as an immediately relative, thereby shortening the EB line. See http://shusterman.com/greencardsthroughmarriage.html Or, the person may marry someone from his own country, thereby lengthening the line.
Do not rely exclusively on the Visa Bulletin to tell you how long it will take to get a green card. Instead, learn more about applying for permanent residence through the EB preference categories.
For more information, see our Green Cards Through Employment page at http://shusterman.com/greencardsthroughemployment.html
Immigration Attorney Raj Iyer explains who qualifies for an E-2 treaty investor visa. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
E-2 investor visas are for a nationals of a country with which the US has a commercial treaty and who is coming to the US solely to direct and develop the operations of an enterprise in which he has invested, or is actively involved in the process of investing, a substantial amount of capital.
An investment is the E-2 investor’s placing of capital, including funds and/or other assets, at risk in the commercial sense with the objective of generating a profit. The capital must be subject to partial or total loss if the investment fails. The E-2 investor must show that the funds have not been obtained, directly or indirectly, from criminal activity.
A substantial amount of capital is:
• Substantial in relationship to the total cost of either purchasing an established enterprise or establishing a new one:
• Sufficient to ensure the E-2 investor’s financial commitment to the successful operation of the enterprise; and
• Of a magnitude to support the likelihood that the E-2 investor will successfully develop and direct the enterprise. The lower the cost of the enterprise, the higher, proportionately, the investment must be to be considered substantial.
The investment enterprise may not be marginal. A marginal enterprise is one that does not have the present or future capacity to generate more than enough income to provide a minimal living for the E-2 investor and his family.
For more information please see our E-2 Treaty Investor Visas page: http://shusterman.com/e2treatyinvestor.html
Immigration Attorney Raj Iyer explains how to get a green card through investment. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html
Investor (EB-5) green cards are granted to those who invest $1 million in a new commercial enterprise and create 10 jobs for U.S. workers. However, if the enterprise is located in either a rural or a high-employment area, the amount of funds which needs to be invested is reduced to $500,000.
USCIS administers the EB-5 Investor Program. Under an immigration program enacted in 1992, certain EB-5 visas also are set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth.
All EB-5 investors must invest in a new commercial enterprise. The enterprise must create or preserve at least 10 full-time jobs for qualifying U.S. workers within 2 years the immigrant investor’s admission to the US as a Conditional Permanent Resident.
A qualified employee is a US citizen, permanent resident or other immigrant authorized to work in the US. The individual may be a conditional resident, an asylee or a refugee.
Full-time employment requires a minimum of 35 working hours per week.
Capital means cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the entrepreneur, provided that he is personally and primarily liable and that the assets of the new commercial enterprise upon which the petition is based are not used to secure any of the indebtedness.
For more information please see our Green Cards through Investment page: http://shusterman.com/investorsusimmigration.html
Immigration Attorney Raj Iyer of the Law Offices of Carl Shusterman explains who qualifies for L-1B temporary visas. Schedule a legal consultation (by Skype, telephone or in person) at http://shusterman.com/schedule-immigration-consultation.html.
An L-1B temporary visa allows an employer to transfer a worker with specialized knowledge from a foreign office to the US. The L-1B worker must be employed by a parent, subsidiary, branch or affiliated company abroad in order to qualify, and be coming to perform services that involve specialized knowledge.
A foreign company which does not yet have an office in the US may establish one and obtain an L-1B visa for the worker. In order to sponsor the worker for an L-1B visa, the employer must begin the process by submitting a Form I-129 visa petition to the USCIS.
For more information please see our L-1B Temporary Visas page at http://shusterman.com/l1intracompanymanagersexecutives.html
Former INS Trial Attorney Carl Shusterman explains how to qualify for the upcoming I-601A expanded Provisional Waiver program. Schedule a legal consultation at http://shusterman.com/schedule-immigration-consultation.html
I-601A Provisional Waivers, which allow immediate relatives of US citizens to apply for waivers of the 3 and 10 year unlawful presence bars without having to leave the US were made possible by President Obama in 2013.
In 2014, the President proposed expanding coverage of I-601A Provisional Waivers to adult sons and daughters of US citizens as well as to spouses and unmarried sons and daughters of lawful permanent residents.
The President also requested that the USCIS clarify what is constitutes "extreme hardship".
The expanded coverage for I-601A Provisional Waivers will become available only after the USCIS issues regulations. This may occur either in 2015 or 2016.
Employment-Based Immigration Attorney Raj Iyer explains how to qualify for L-1A visas for intracompany transferees. Schedule a legal consultation at http://shusterman.com/schedule-immigration-consultation.html
L-1A temporary work visas are used by foreign employers to transfer executives and managers from affiliated international offices to the US. Foreign-born persons who work abroad for a company with a parent, subsidiary, branch or affiliate in the US are allowed to come to the US as L-1A intracompany transferees to perform managerial or executive duties. This classification also enables a company that does not yet have an office in the US to send an executive or manager to the US with the purpose of establishing one.
For more information please see our L-1 Temporary Visas page at http://shusterman.com/l1intracompanymanagersexecutives.html
