CLOSE X
RSS Feed LinkedIn Instagram Twitter Facebook
Search:
FMG Law Blog Line

Posts Tagged ‘Visa’

New Developments in TPS and DACA

Posted on: January 18th, 2018

By: Kenneth S. Levine

This past week the Department of Homeland Security announced the termination of Temporary Protected Status for citizens of El Salvador.  DHS reports that there are approximately 200,000 El Salvadoran citizens living and working in the United States.  TPS designation for El Salvador will officially terminate on September 9, 2019.  USCIS has publicly stated that if TPS recipients are unable to obtain green cards or acquire a different legal status prior to that date, then they will be placed into deportation proceedings.

While the general public may perceive the USCIS advisory to “obtain a green card or seek a change of status to a different visa category” to be an easily attainable option, the reality is far different.  TPS recipients must still fully satisfy strict legal criteria to qualify for those options.  For the vast majority of TPS recipients, this will prove exceedingly difficult to achieve.

FMG Immigration Attorneys are currently engaged in assessing whether any of our TPS clientele from El Salvador qualify for permanent residency or a different visa category.  It is important to note that for those who do not qualify, legal options may be available in the context of deportation proceedings.  It is anticipated that this current administration will continue to terminate TPS designations for countries remaining in the TPS program.  Therefore, it is critically important that all TPS recipients promptly seek legal advice from experienced immigration counsel to assess their legal options.

DACA

Another significant development in the immigration field occurred on January 9th when U.S. District Judge William Alsup issued an injunction against the current administration from ending the Deferred Action for Childhood Arrivals (DACA) program.   This program was scheduled to end on March 5th.  For now, DHS must accept DACA renewal applications.  It is anticipated that the court’s injunction will be promptly appealed and therefore it is entirely uncertain how long the injunction will remain in place.  For now, FMG Immigration Attorneys strongly recommend that all DACA recipients who otherwise would be eligible to renew their status do so as soon as possible.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Kenneth S. Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].

 

The Entrepreneurs Parole Visa – Full Steam Ahead – For Now

Posted on: December 4th, 2017

By: Kenneth S. Levine

On 12/1/2017 a Federal Judge ruled that the Department of Homeland Security did not have legal cause to delay the enactment of a visa program for foreign entrepreneurs. The program, referred to as the “International Entrepreneur Rule,” was supposed to have gone into effect on 07/17/2017.

On 7/10/2017 the current presidential administration announced a delay in the program until March 2018. As FMG predicted back in July 2017, litigation immediately ensued, and the Federal Court did in fact determine that the rule delay was unlawful because it failed to comply with the APA (Administrative Procedures Act).

The Court’s decision mandates that the U.S. Citizenship and Immigration Services must immediately begin accepting applications under this program. Applicants may be “paroled” (i.e., admitted) into the U.S. to run their own business if they can show at least $250,000 of investment capital from established, reputable investors.

It is anticipated that the current presidential administration will seek to enact a complete withdrawal of the program through the APA’s formal rule making process. While a complete withdrawal would likely take 1-2 years, it is unknown whether the current administration will be able to legally halt the program through the judicial appeals process. Accordingly, FMG Immigration Attorneys urge those interested in applying for the program to do so promptly.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Kenneth S. Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].

Update on Temporary Protected Status (TPS) For Citizens of Nicaragua, Honduras, & El Salvador

Posted on: November 9th, 2017

By Kenneth S. Levine

On 11/6/2017 the Department of Homeland Security (DHS) issued an announcement on the Temporary Protected Status (TPS) program for citizens of Nicaragua and Honduras. Currently, there are approximately 60,000 Nicaraguans and Hondurans who reside and work in the U.S. under the TPS designation.

DHS announced that the TPS program for Nicaragua has been extended to 1/5/2019, at which time the TPS designation will be terminated. USCIS has advised Nicaraguans on TPS that between now and 1/5/2019 they must either seek a change of status to another visa category, or prepare to depart the United States.

TPS for Honduras has been extended for 6 months.  However, according to DHS’s announcement, “it is possible that the TPS designation for Honduras will be terminated at the end of the six-month automatic extension with an appropriate delay.”  As of today, TPS for Hondurans has been extended to July 5, 2018. DHS’s final decision regarding any additional extensions of Honduran TPS is expected by early 2018 once a new Secretary of Homeland Security has been confirmed by the Senate.

A decision by DHS on whether to extend or terminate the TPS program for citizens of El Salvador is expected by January 8, 2018.

While the general public may perceive the USCIS advisory to “seek a change of status to a different visa category” to be an easily attainable option, the reality is that TPS recipients must still satisfy the strict legal criteria for any requested visa type. For the vast majority of TPS recipients, that will prove difficult to achieve. Therefore, in assessing whether a TPS recipient qualifies for a different visa category, the analysis should necessarily include whether any options exist to pursue permanent residency.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Kenneth S. Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].

Is the EB-5 “Golden VISA” Losing it’s Luster? Why Reduced Interest in the EB-5 Program May Lead to an Increase in the U.S. Unemployment Rate

Posted on: October 25th, 2017

By: Kenneth S. Levine

For the last several years the EB-5 Green Card program has been widely touted as a relatively quick and direct path to obtaining U.S. Permanent Residency. The program, which grants permanent residency based on a $500,000 minimum investment in USCIS approved regional center projects, has been especially popular in China. According to a CNBC article from April 2017, USCIS estimated that Chinese citizens represented 85% of all Applicants in the EB-5 Program. News interviews with Chinese EB-5 Applicants reveal that, for the vast majority, their prime motivation to invest in the program was based on a desire to permanently settle their children in the U.S. Aggressive efforts to attract Chinese EB-5 Investors gave rise to a cottage industry of EB-5 agents and financial advisors in Beijing, Shanghai and Shenzhen.

Every year the United States makes available the same number of green cards to every country in the world, regardless of the size of their population. When more green card applications from one country are submitted than there are visas made available for that year, a green card backlog results. For example, the State Department is processing EB-5 green cards only for Chinese Applicants who submitted their applications prior to July 1, 2014.

Based on mainstream media reports, the EB-5 backlog for China has resulted in diminished interest in the program among Chinese citizens. Due to the quota backlog, green card cases may not be processed before the children of Chinese Applicants turn 21. That is the key concern for Applicants, because under the Immigration and Nationality Act, once a child turns 21, they are no longer eligible to act as dependents on green card cases filed by their parents. Accordingly, Chinese Investors are beginning to turn their attention to immigrant investor programs in Canada and Australia as a backup option to permanently settle their children.

If Applications from Chinese citizens begin to dwindle then less investment capital will be available to fund new or ongoing EB-5 regional center projects, directly translating into reduced jobs for U.S. workers. Unless Congress is willing to pursue a legislative fix to this issue, it may be difficult if not impossible to replicate that same level of EB5 interest from other countries.

For additional information related to this topic and for advice regarding how to navigate U.S. immigration laws you may contact Kenneth S. Levine of the law firm of Freeman, Mathis & Gary, LLP at (770-551-2700) or [email protected].

Final Rule Extends Optional Practical Training Period for STEM Students

Posted on: March 15th, 2016

By: Nina Maja Bergmar

On March 9, 2016, the Department of Homeland Security (DHS) issued a final rule that extends the Optional Practical Training (OPT) period for so-called “STEM students”—students with degrees in the fields of science, technology, engineering, and mathematics.

The OPT program allows foreign students on F-1 student visas to work for up to 12 months after graduation in positions related to their field of study. Since 2008, students in STEM fields have been allowed to extend their OPT beyond the 12-month limit for up to 17 months.

The new rule, effective May 10, 2016, increases the STEM extension from 17 months to 24 months, allowing STEM students a total of three years of OPT.

Additionally, the rule provides that STEM students may be eligible for two separate STEM extensions upon completion of two STEM degrees at different educational levels, as long as certain requirements are met. This means that a student with a Bachelor’s degree in Engineering and a Master’s degree in Mathematics could obtain two 24-month OPT extensions during the course of his or her academic career.

Moreover, the rule permits F-1 students participating in the OPT program based on a non-STEM degree to apply for a STEM extension based on a previously obtained STEM degree, as long as the practical training is directly related to the STEM degree.

While the rule significantly extends benefits to STEM students, it also increases government oversight over STEM extensions by, for example, requiring the implementation of formal training plans by employers, adding wage and other protections for STEM OPT students and U.S. workers, and allowing extensions only to students with degrees from accredited schools.

Even with the increased labor condition requirements, however, the new rule provides significant relief to employers looking to sponsor H-1B work visas for STEM students. Last year, the United States Citizenship and Immigration Services (USCIS) received almost three times as many H-1B applications as the number of available visas, forcing many highly skilled workers who did not get through the initial randomized “lottery” to leave the country. Under the new rule, employees on STEM extensions have more than one opportunity to participate in the H-1B lottery.

If you have any questions about the final rule or its impact on your employment of STEM students, please contact one of our attorneys for guidance.