Immigration Visa Attorney Blog

A few years back this blog touched on a few of the specifics connected with extending an H-1B visa beyond six years. Given how many of our clients here in the Columbus, Ohio community work closely with the visa we thought another look at this aspect would be helpful.

What is the history of 7th year H-1B extension?

Prior to 2000, if a foreign national here on an H-1B visa could not reach I-485 (permanent resident) status within six year they were required to leave the U.S. What would often happen is that delays in the permanent residence application process meant H-1B visa holders would reach the end of their six years before completion. Since the situation meant employers often lost the investment they had made in skilled employees, Congress elected to introduce AC21.

What is AC21?

In 2000 Congress passed the "American Competitiveness in the Twenty-First Century Act," or AC21. Among other things, AC21 allowed for H-1B workers to begin working for a new employer upon filing the petition instead of waiting for approval. It also provided the ability to extend the H-1B visa beyond six years if an ongoing PERM Labor Certification began at least 365 days prior to the end of the sixth year.

Continue reading "FAQ: H-1B Extensions Beyond Six Years (Part I) " »

One of the hottest immigration topics over the past few weeks is the administration's announcement that it plans to change how it treats the hundreds of thousands of deportation cases currently in the system. For good reason this has stirred controversy from both sides of the political isle as people try to make sense of what the policy will mean.

And though we realize most of our readers are not involved with an active deportation case, it's important to look at the change as it may impact the speed of the federal system as a whole. How the government elects to allocate resources could have an affect on the entire immigration system.

First, some quick background: On Aug. 18 the administration announced it would be reviewing the deportation cases already within the system -- more than 300,000 in total -- with the goal of prioritizing those involving felony cases. The idea being that with limited financial and legal resources the most efficient way to attack the backlog problem is to target those situations most likely to pose a threat to the community.

Continue reading "The administration changes course on deportation: What does it mean? " »

Recently, the Department of State (DOS) has been delaying or denying the issuance of new H-1B visa stamps to H-1B non-immigrants due to questions regarding the existence of the required employer-employee relationship.These delays and denials run contrary to the established H-1B practices and requirements set forth in the law.

Sam Shihab & Associates, LLC will continue to assist its clients in resolving visa-stamp-related issues in the consulate. We believe, though, that these delays and denials are part of a greater war on the H-1B program. Keep reading for our analysis.

As we all know, the United States economy is hurting and jobs are in short supply. Thus, the idea of H-1B non-immigrant workers is very unpopular with many Americans. This unpopularity has caused a policy shift in the H-1B program. The United States Government, through the DOS and USCIS, is attempting to reduce H-1B approvals by increasing the evidentiary threshold to obtain visa stamps and petition approvals.

Much of the increased USCIS scrutiny was manifested in the January 08, 2010 Neufeld Memorandum. The Neufeld memo caused quite an uproar in that it appeared to increase scrutiny on H-1B IT contractors by increasing the amount of documentation needed to prove the existence of the employer-employee relationship required for non-immigrants. (Read some of our previous discussion of it HERE.)

Continue reading "Heightened H-1B Scrutiny Spreads to the Consulates (Part I)" »

Last month the United States Citizenship and Immigration Services (USCIS) director Alejandro Mayorkas and Secretary of Homeland Security Janet Napolitano unveiled changes to policy and operation the federal government hopes will increase foreign investments and help spur job creation. The moves have been praised in many circles as step in the right direction.

Although the government still hasn't addressed lingering issues with the current system it's worth making note of what to expect with these changes. It's very possible our friends in the Ohio and Michigan area could be impacted.

Though no law has been changed, a few significant differences will come in the operation of three categories -- H-1B, EB-5 and EB-2.

With H-1B, USCIS has updated its FAQs with the clarification that a "beneficiary who is the sole owner of the petitioning company may establish a valid employer-employee relationship for the purposes of qualifying for an H-1B visa."

Continue reading "Will the USCIS Job Growth Visa Initiative Make a Difference? " »