Immigration Visa Attorney Blog

Congratulations! Your I-130 petition has been approved! You worked hard, put together a good petition, and now your loved one can immigrate to the United States, perhaps joining you here in central Ohio, worry free. Right? Not always. Even after the United States Citizenship and Immigration Service (USCIS) has approved your I-130 petition, they can issue a Notice of Intent to Revoke (NOIR) and turn your world upside-down.

A NOIR is, essentially, a failsafe that allows USCIS to deny your I-130 petition after it has been approved. If, after your I-130 petition has been approved, USCIS discovers that it made a mistake in approving it, or discovers new information that shows you aren't entitled to approval, it issues a NOIR.

An NOIR letter should explain to the petitioner exactly why the I-130 is being revoked, setting forth the law and facts that, according to USCIS, show that the petitioner is not entitled to their approved I-130 petition. It should also inform the petitioner that they have a right to respond to the NOIR and explain why their NOIR should not be revoked.

So, you've gotten a NOIR in the mail. What can you do?

1. Respond--A NOIR will not go away. If you don't respond to it, USCIS will revoke your I-130 petition.

2. Act Fast--A NOIR should state a time period (often 30 days) in which you are permitted to respond to the NOIR. However you decide to respond to the NOIR, make sure you do so within the allotted time period.

3. Inspect the Record--You have the right to inspect USCIS's record relating to the I-130 that USCIS intends to revoke. Inspecting USCIS's record can help you find holes in the NOIR and allow you to make better factual and legal arguments in response.

4. Submit Evidence in Support of Your Arguments--Your response to the NOIR is your only opportunity to present evidence to USCIS. Don't waste it. You may be able to clear up USCIS's misunderstanding of the facts by providing them with better information.

Continue reading "Columbus, OH Attorney: Notice of Intent to Revoke: Know Your Rights!" »

With the national dialogue on immigration so focused on economic protectionism -- keeping out foreign workers and preventing economic opportunities from being shipped overseas -- many people forget about immigration law and policy that encourages new foreign investment into the United States. The Department of Homeland Security (DHS), through the United States Citizenship and Immigration Services (USCIS), facilitates investment of capital and resources in the United States through nonimmigrant visas and immigration preferences available to individuals who are prepared to make a significant investment here.

Sam Shihab & Associates supports DHS and USCIS in encouraging people from all over the world to invest their time and money in the United States, especially here in Central Ohio. Our community appreciates foreign investment and immigration as well as the social diversity that come with it--especially as we slowly recover from the recession.

There are three primary ways in which U.S. immigration law encourages investment in the United States: The E Visa, The L Visa and the EB-5 Immigration Preference. Here's a quick rundown of each.

E Visa -- E Visas are nonimmigrant visas available to owners and key employees of businesses that engage in significant and substantial investment in the United States. In order to be eligible for an E visa the business must also be owned by citizens of a country that have signed special trade treaties with the United States. For a list of countries that have signed such treaties, see HERE.

E-1 visas are available to businesses from treaty countries that engage in significant and substantial amounts of trade with the United States. Trade is considered significant when more than 50% of the company's trade is between the United States and its home country. Trade is substantial when there is large volume and steady flow of it; a single transaction, no matter how large or time consuming will not create eligibility for an E-Visa.

Continue reading "Columbus, OH Attorney Overview: Investment Visas" »

We here at the firm would like to express our hope that all the fathers out there have an enjoyable and relaxing weekend.

Here is an update for our readers on an immigration story we highlighted back in January. The case takes place in California but the issues related to student visas and the college system are worth examining here in a central Ohio community very strongly centered around higher education.

Last month Susan Xiao-Ping Su was arrested by federal prosecutors on charges including visa fraud, money laundering, wire fraud and alien harboring. Su, 41, was arrested in Pleasanton, California on May 2 after being indicted April 28 on 33 separate counts.

(You can find our detailed post on Tri-Valley HERE.)

Su's indictment says that over a two-year period she used the country's visa program to defraud the Department of Homeland Security out of millions of dollars. Su would submit fraudulent documents, the indictment says, for student visas in exchange for payment Tri-Valley referred to as "tuition and fees."

U.S. Attorney Melinda Haag said in a statement that Su's indictment alleges she "took advantage of others' eagerness to come to the United States."

Students were admitted to the unaccredited Tri-Valley so they could remain in the country on student visas without requiring them to attend class. In 2009 Tri-Valley had two international students enrolled on visas. In the fall of 2010 that number became more than 1,100.

95 percent of Tri-Valley's students were from India. The school was primarily an online university, with its students living throughout the country. Tri-Valley filed documents alleging more than half of the school's 1,500 international students were living in the same apartment. Prosecutors referred to the school as a "sham university" in a separate civil suit filed in January.

In the civil suit the university was said to be engaged in a pyramid scheme, whereby those already enrolled at the school could collect 20 percent of the tuition for new students they recommended.

Continue reading "Tri-Valley President Arrested on Fraud Charges" »

Given the current economic climate, much of the national conversation is about ways to add additional capital and create job opportunities. Central Ohio is one of many communities in need of such economic stimulus. Which is why taking a look at this particular visa seems particularly relevant.

EB-5 is an employment-based preference category that was created by the Immigration Act of 1990. It is a green card issued to foreign nationals who invest capital in "a new commercial enterprise" which the U.S. government feels will help its economy and create at least ten full-time jobs.

The EB-5 classification is not for everyone. The minimum investment needed to qualify is $1 million, or $500,000 if the investment is directed towards a "targeted employment area."

Along with the job creation listed above, the visa holder must be a hands-on part of the venture if they wish to invest in a new business enterprise. At minimum they must be a member of a board or one of the company's corporate officers. There is a category for troubled business, those which have incurred a significant net loss for the last 1-2 years. This category requires no new job creation, only the preservation of the current employees for at least two years.

For most foreign nationals the million dollar price tag may be a bit steep, making the "targeted" option a better one. The U.S. Citizenship and Immigration Services (USCIS) defines the targeted areas as "a rural area or an area that has experienced high unemployment of at least 150 percent of the national average." With the average national rate sitting near 9 percent, that would mean areas with at least 13.5 percent unemployment.

If an investor would like a more hand's-off investment they may want to look into the EB-5's Regional Center Pilot Program. The same financial commitment is involved, but the investor need only contribute to a regional center connected to promoting "economic growth, improved regional productivity, job creation, and increased domestic capital investment."

Continue reading "Columbus, OH Attorney Overview: The EB-5 Category" »

As with any government program, the H-1B visa system is not immune to instances of fraud or near-fraud. While such cases are not the rule when it comes to H-1B it's important those who interact with the United States be aware of what kind of malfeasance is being looked at by the U.S. Citizenship and Immigration Services (USCIS). Our neighbors here in central Ohio need make sure they keep abreast of what could be out out there.

The controversial organization WikiLeaks - a database dedicated to releasing private
and/or classified information - has recently published cables dealing with fraud within the H-1B application process. The cables consist primarily of anecdotal information related to the nations of Iceland, Libya and Mexico.

In April of 2009 a cable from the U.S. Embassy in Mexico said the nation had a "persistent" problem related to fraud with both H-1B and L-1. This seems to provide background for a 2008 USCIS report that found 20 percent of H-1B visas either had technical issues or were affected by fraud.

The fraud issue with Mexico seems to be almost exclusively foreign nationals looking for a way to immigrate into the U.S. Most common within that fraud is the practice of submitting falsified pay receipts to the USCIS. Additionally, applicants from Mexico exaggerate or overstate their employment background, education or the nature of their responsibilities related to future jobs.

The U.S. Embassy in Libya reported in 2009 that an H-1B applicant paid a large
sum of money online for obviously fake documents. The cable released by WikiLeaks said the applicant "believed this to be the process to obtain a work visa in the United
States."

Reports from the Reykjavik embassy were that some attorneys had attempted to bring H-1B and L-1 applicants in from other countries so they could apply in Iceland. The reason being that Iceland provided "the expectation of fast and easy issuance."

Continue reading "Columbus, OH Attorney: International Fraud and H-1B" »

It is important to keep in mind the range of options available within the United States immigration system. Employers in search of qualified professionals may not have to look far from our borders to fill their needs. Certain Canadian and Mexican citizens are eligible for TN visas if they have employment in the U.S. With that in mind here is a refresher for the TN nonimmigrant program. Anyone with questions about this or other related issues should feel free to contact our office here in Dublin.

The TN classification came out of the North American Free Trade Agreement
(NAFTA), which created a unique relationship between the United States, Canada and Mexico. Part of that process was to allow certain professionals who are citizens of one country to enter territories of the others to accept employment.

There are several employment or work related visas are available, such as - L-1, B-1, E-1. Another is TN, which applies to citizens from Canada and Mexico who wish to enter the U.S. They must have a pre-arranged position with a U.S. employer and be qualified for a NAFTA-approved profession.

NAFTA lists more than 60 positions as being eligible for TN. Professions such as
Engineer, Pharmacist, Computer Systems Analyst, University Professor and Veterinarian are among those that qualify. NAFTA also outlines the education/experience requirements for each profession.

The TN application for Canadian professionals can initially be completed at a port-of-entry. Proof of citizenship must be provided, along with establishing qualifications for the profession as well as giving a description for the profession. A letter from the prospective employer, diplomas and transcripts will be needed. The visas are granted for up to three years.

Mexican professionals must apply at a U.S. embassy or consulate within
Mexico. They are not required to file a petition with the USCIS but they are required
to obtain a visa to enter the U.S. as a TN nonimmigrant. Once the Mexican professional has been approved for the TN visa they are able to apply for admission at a port-of-entry.

Continue reading "Columbus, OH Immigration Attorney Reviews the TN Visa" »

This is a recent Department of Labor appeal we would like those in the local community to take a look at. The case involves the way in which experience is defined as it pertains to time on the job vs. time spent in school.

In April of 2009 a Certifying Officer (CO) denied an employer's request for
Permanent Employer Certification (PERM) for the position of Product Manager on two separate grounds. One reason was that the alien did not meet the minimum experience for the position under the Code of Federal Regulations (CFR).

Under CFR the minimum qualification for the position is a "Bachelor's Degree in Merchandising and five years experience in the field or equivalent combination of education and experience." It was that piece of regulation the CO cited when making the denial.

In a request for reconsideration on May 1, 2009, the Employer argued that the alien had "one year of university credit" and had been on the job for 14 ½ years. The Employer felt the year of education and job experience was enough to equal 17 years of overall experience.

On February 18 of 2010 the CO denied certification. The CO pointed to a 1994 policy guideline on certification issues which a bachelor's degree is equivalent to two years of experience. That would mean a Bachelor's degree and five years of experience would be equal to seven years in the work place, not 17.

That meant the Employer's formula was not "substantially equivalent" to the primary requirements of the job.

Continue reading "Columbus, OH Attorney: BALCA Looks at Work Experience" »