Today, the United States Citizenship and Immigration Service (USCIS) announced that it will begin accepting premium processing requests on form I-907 for I-129 petitions for E-3 classification on February 24, 2021. This is the first time that premium processing has been expanded to E-3 petitioners. As of the writing of this post, the USCIS fee…
By Roujin Mozaffarimehr Today, President Biden reversed one of the immigration bans of 2020 by former President Trump. This ban was premised on claims that immigrants harm the U.S. economy – a premise wholeheartedly rejected by most economists. Today’s proclamation ends the ban on issuance of certain immigrant visas abroad as set forth by Proclamation…
By Roujin Mozaffarimehr On February 3, 2021, USCIS issued a new Policy Memorandum[1] that rescinds the Trump-era Computer Programmer Policy Memorandum.[2] This 2021 Policy Memorandum was issued in direct response to the decision issued in the Ninth Circuit in Innova Solutions v. Baran. By way of background, in December 2000, the Director of the USCIS…
by Roujin Mozaffarimehr On January 25, 2021, President Biden signed an Executive Order[1] which effectively revoked President Trump’s Buy American and Hire American Executive Order (commonly known as “BAHA”).[2] On April 18, 2017, President Trump signed the Buy American and Hire American Executive order, which was used as the basis for many restrictive immigration policies…
Considerations for Adjustment of Status following admission to the U.S. on the B Visa.[1] The B visa requires “non-immigrant” intent. Therefore, it is important to consider possible application of the rules interpreting pre-conceived intent and misrepresentation when applying for an Adjustment of Status – AOS (an immigrant application) after entering the US on a B-2…
By Radhika Balaji, Associate Attorney As part of the Day 1 Executive Actions signed by President Biden, a memorandum for a regulatory freeze on federal agency actions has been issued to ensure that the new and pending rules that were issued by the Trump administration have been reviewed by President Biden’s new appointees and designees.…
On his first day in office, President Biden signed seventeen (17) executive orders and proclamations; 6 of which relate to immigration. These are mainly aimed at reversing some of the most restrictive immigration measures by former president Trump. Here is our brief summary: President Biden Revokes Muslim and African Travel Bans. In 2017 the Trump…
By Radhika Balaji, Associate Attorney. It is close to a year since the first lockdowns and travel restrictions due to the COVID-19 pandemic was issued. Although there had been a remarkable pace in which the COVID-19 vaccines have been developed, there is still long way before everyone can receive it! With a climbing surge in…
By Radhika Balaji, Associate Attorney. On January 12, 2021, USCIS announced that it will issue a revised Form I-797, Notice of Action for Form I-90, Application to Replace Permanent Resident Cards to extend the validity of the Permanent Resident Card, commonly known as “Green Card”, if it has expired or is about to expire. This…
By Roujin Mozaffarimehr, Partner. On his first day in office, President Biden signed seventeen (17) executive orders and proclamations, one of which included the revocation of the Muslim and African Travel Bans. These bans were put into place in 2017 by the Trump Administration and restricted the immigrant and non-immigrant entry of foreign nationals from…
By Roujin Mozaffarimehr This week, two District Courts set aside the Interim Final Rule, Strengthening Wage Protections for the Temporary and Permanent Employment of Certain Aliens in the United States, 85 FR 63872 (Oct. 8, 2020), of the U.S. Department of Labor (DOL). The U.S. District Court for the Northern District of California (Chamber of…
by Roujin Mozaffarimehr On October 7, 2020, the Department of Labor published an interim final rule (IFR) (85 FR 63918) that dramatically changes the calculation methodology of the prevailing wage for OES-based wage levels for all occupations. This new rule took effect immediately on October 8, 2020 and impacts wage rates for H-1Bs, H-1B1s, and…
By Radhika Balaji, Associate Attorney The COVID-19 pandemic has led to an unprecedent amount of uncertainty—several proclamations, travel restrictions, and government lock downs have prevented many from freely traveling back to the US. Unfortunately, amidst the pandemic, the USCIS has not provided relief to Legal Permanent Residents (LPRs) of the US who are stuck out…
By Radhika Balaji, Associate Attorney On August 3, 2020, President Donald Trump signed an Executive Order (EO 13940) on “Aligning Federal Contracting and Hiring Practices With the Interests of American Workers.”[1] This EO directs heads of federal agencies to review federal contracts and assess any negative impact on U.S. workers stemming from the use of…
By Roujin Mozaffarimehr On Friday July 31st, The Department of Labor (DOL) announced that it entered into a Memorandum of Agreement (MOA) with the United States Citizenship and Immigration Services (USCIS). The MOA will allow the two departments to share immigrant and nonimmigrant petition records and data. This includes data within the Office of Foreign…
By Roujin Mozaffarimehr As we reported back in June, on June 22, 2020, President Donald Trump signed a Presidential Proclamation suspending the entry of H-1B and H-2B visas and accompanying dependents, certain J visas, and L visas and accompanying dependents, and extending the April 2020 suspension on certain immigrants. banning visa issuance through December 31, 2020. The…
By Roujin Mozaffarimehr On Wednesday August 12th, The United State Court of Appeals for the Second Circuit issued an order limiting the scope of the nationwide injunction on the Public Charge rule that took effect earlier this year. Last month, we reported that the United States District Court, Southern District of New York issued two…
USCIS Offices Reopening – Updates – Q&A By Radhika Balaji, Associate Attorney After Shelter-in Place Orders began being lifted across the country, USCIS began reopening its offices in the beginning of June. Since then, reopening of the USCIS ImmiCore Law has received several questions related to interview and biometrics appointments as well as case processing.…
By Roujin Mozaffarimehr Today, USCIS announced that it plans to publish its final rule in the Federal Register on Monday, August 3rd, 2020 to increase fees across the board for immigration-related filings. A copy of the rule for public inspection can be found here. Notable changes include: I-90 Application to Replace Permanent Resident Card (online…
By Roujin Mozaffarimehr On July 29th, The United States District Court, Southern District of New York issued two decisions to temporarily enjoin the Department of Homeland Security and the Department of State from implementing the recent Public Charge Rule that took effect earlier in February 2020.[1] Below, we discuss the recent changes to the Public…
By Roujin Mozaffarimehr On July 28th, Acting Secretary Chad F. Wolf issued a Policy Memorandum titled, “Reconsideration of the June 15, 2020 Memorandum Entitled ‘Exercising Prosecutorial Discretion with Respect to Individuals Who Came to the United States as Children.”[1] This new memorandum was issued after the U.S. Supreme Court’s decision on June 18th which determined…
By Roujin Mozaffarimehr As we reported last month, on June 22, 2020, President Donald Trump signed a Presidential Proclamation suspending the entry of H-1B and H-2B visas and accompanying dependents, certain J visas, and L visas and accompanying dependents, and extending the April 2020 suspension on certain immigrants. banning visa issuance through December 31, 2020.…
By Roujin Mozaffarimehr On July 24, 2020, Immigration and Customs Enforcement (ICE) issued an update on federal guidance for F and M students for the Fall 2020 term. The agency has clarified that the March 2020 guidance on online class attendance does not extend to nonimmigrant students in new or initial status outside of the…
On July 6, 2020, the Immigrations and Customs Enforcement (ICE) announced certain adjustments to the Student and Exchange Visitor Program (SEVP) online study policy for nonimmigrant students for Fall 2020. A Temporary Final Rule is anticipated to be published in the Federal Register by the Department of Homeland Security soon. Spring/Summer and Fall 2020 Semesters…
By Roujin Mozaffarimehr and Kalpana Peddibhotla On June 22, 2020, President Donald Trump signed a Presidential Proclamation intended to suspend the entry of certain nonimmigrants purportedly present a risk to the U.S. labor market in the period of economic recovery following the COVID-19 outbreak.[1][2] The suspension is set to take effect at 12:01 AM…
By Radhika Balaji US Citizenship and Immigration Service’s settlement with ITServe Alliance will dramatically change the way H-1B visas have been adjudicated for the last 10 years for Information Technology companies. In its March 10, 2020 ruling in the ITServe Alliance lawsuit, the District Court opined that the two key policy memos from 2010[1] and…
By Chloe Tomlinson & Kalpana V. Peddibhotla On Thursday June 18, 2020, the Supreme Court blocked the Trump administration’s attempt to end Deferred Action for Childhood Arrivals (DACA). This decision addressed whether the Trump administration followed proper procedures in its’ decision to end DACA. In a majority 5-4 decision written by Chief Justice Roberts, the…
By Roujin Mozaffarimehr. As the COVID-19 pandemic continues to unfold and impact all aspects of society, concerns have arisen as to the future of the F-1 OPT program under the Trump Administration. This post describes the history of OPT, the legal challenges and attacks on OPT, and, while no action has been taken to change…
On May 16, 2020 a landmark settlement was reached in the case, IT Serve Alliance, Inc. v. United States Citizenship and Immigration Services (IT Serve Alliance) after a decision was issued on March 10, 2020 by the District Court for the District of Columbia. The USCIS has agreed to rescind the February 2018 USCIS memo,…
On May 27th, the USCIS announced that it expects to begin reopening domestic offices and public services beginning on June 4th or later. All asylum interviews, naturalization ceremonies, interviews, appointments, and biometrics appointments canceled due to office closures will be automatically rescheduled. All applicants will be issued new notices confirming the rescheduled event.
On Wednesday May 20, 2020, USCIS updated its Policy Manual to clarify guidance on portability for physicians with an approved immigrant petition based on a national interest waiver (NIW) applying for adjustment of status and the applicability of the two-year foreign residence requirements to certain NIW physicians. This change was made in Chapter 8 of…
By Kalpana V. Peddibhotla and Desire Lance. The COVID-19 pandemic has affected immigration into the U.S. on a number of fronts. Due to economic uncertainty, companies are less willing to initiate the transfer or hire of foreign nationals. As travel restrictions linger and U.S. Consulate services are suspended, it is difficult for foreign nationals to…
On May 14th, the American Immigration Lawyers Association Santa Clara Valley Chapter (AILA SCV) hosted its annual installation event, during which the new Executive Board was virtually sworn in and installed. ImmiCore Law Attorney Roujin Mozaffarimehr was sworn in as this year’s Chapter Chair. She has been an active member of AILA, serving committee and…
President Trump’s Immigration Proclamation only limits a narrow set of potential immigrants, with little impact on protecting the U.S. labor market. It instead appears to be a stepping stone to pursuing an anti-immigrant agenda. On April 22, 2020, President Donald Trump signed a Proclamation intended to suspend the entry of immigrants who purportedly present a…
At 10:06 pm Eastern on April 20, 2020, President Donald Trump stated his intent to assert the most sweeping policy for immigration in U.S. history, by tweet. This was later followed by a Whitehouse press conference on April 21, 2020, where he narrowed the scope to 60 days with possible extensions and to only target…
As a result of the COVID-19 pandemic, various government departments and agencies have suspended a wide range of in-person immigration operations. Updated instructions and processes have also been provided for certain immigration filings. Below, we provide several links to track the most up-to-date information on the government’s response to immigration
ImmiCore Law has received several questions related to appointments, office closures, visas, and travel as a result of COVID-19. We answer some of them below. Q1. Do I have to attend my biometrics appointment or USCIS interview scheduled at the USCIS field office during the Shelter-in Place (SIP) order? A1. No, not until the SIP…
On March 27, 2020, a $2 trillion stimulus package, known as the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”), was signed into law. The stimulus package provides relief to businesses and direct payments to individuals. Below we briefly describe the relief for individuals
If companies are unable to generate enough work for an employee due to the COVID-19 outbreak, then H-1B workers, whose immigration status is tied to their employment, may not be able to maintain their non-immigrant status. There is currently no specific COVID-19 relief to nonimmigrant workers
With more and more people either losing their jobs, being temporarily laid off, or furloughed, unemployment benefits may be a critical component of economic security. This update analyzes eligibility for certain foreign nationals. We conclude that Lawful Permanent Residents can seek
The spread of the novel coronavirus (COVID-19) is the most serious global health security threat in decades. Many countries are imposing much-needed restrictions to slow the spread of COVID-19. However, these restrictions are causing unprecedented disruptions. As the situation surrounding COVID-19 escalates at a rapid pace, we at ImmiCore Law
As the global impact of Coronavirus (COVID-19) continues to unfold, ImmiCore Law is taking measures to protect the health, safety and well-being of our clients, staff and communities. While we continue to monitor the current coronavirus outbreak and diligently follow orders from federal, state and local agencies, ImmiCore Law will ensure business continuity to meet…
We understand that today’s announcement of a National Emergency may have raised questions about the status of immigration processes. At ImmiCore Law we are monitoring developments closely. According to the Center for Disease Control and Prevention (CDC), COVID-19 is a “respiratory disease caused by a novel (new) coronavirus
Are We Still a Nation of Immigrants? Not So Much, Says USCIS By Kalpana Peddibhotla/ImmiCore Law Founder For more than 130 years, the iconic Statue of Liberty – bearing the inscription “Give me your tired, your poor, your huddled masses yearning to breathe free” – has epitomized America’s core value of serving as a nation…
Kalpana Peddibhotla named as NASABA Immigration Co-Chair Kalpana Peddibhotla named as Co-Chair to the Immigration Committee for the North American South Asian Bar Association (NASABA).
Kalpana Peddibhotla to Speak on California State Bar Panel Kalpana Peddibhotla to speak at Labor and Employment Committee of the California State Bar CLE / South Asian Bar Association Panel: Immigration 101 for the Non-Immigration Attorney: Successfully Navigating Employment Based Visas, DACA Work Authorizations and Strategic Considerations for Start Ups and Other Businesses on June…
Travel Ban Waiver Criterion Receive Scrutiny After Supreme Court Upholds Visa Ban By Ameer Shaikh On September 24, 2017, President Trump announced Presidential Proclamation 9645, commonly known as the third version of the “Muslim Ban” or “Travel Ban.” In it, nationals from Chad, Iran, Libya, North Korea, Venezuela, Yemen, and Somalia were restricted from traveling to…
H-1B CAP Travel and Stamping Advisory By Roujin Mozaffarimehr As H-1B Cap approvals start to trickle in, it is important for Petitioners and Beneficiaries to plan for the anticipated 10/1 start date. The following advisory is specifically for H-1B Cap cases that have been prepared for consular processing. H-1B Approvals for Consular Processing Once…
Why Should You Hire an Employment Attorney? Even the most cautious and conscientious employer will sometimes need to seek legal expertise. For one thing, employment laws are always changing, and it’s important to be sure that you have a clear understanding of your own rights, as well as the rights of your employees. Additionally, it…
What You Need to Know About Child Custody Battles The dissolution of a marriage is never easy—and as you go through divorce proceedings, you will likely have to deal with a wide range of financial, legal, and familial issues. One of the toughest challenges of all is handling the matter of child custody. For divorcing…
Company Acquisition Strategies for a Smooth Transition There are many ways to grow your business. One is organically, simply by reaching more customers, selling more products, increasing your profits. Another is by acquiring other businesses. This second option can be incredibly impactful, but it’s seldom without its challenges. From integrating financial systems to synthesizing disparate…
7 Reasons Why You Need to Hire a Child Custody Lawyer Going through a divorce is always difficult—and it’s made all the more so by the involvement of children. During a stressful and emotionally fraught season, it can be harrowing to think of the possibility that you might lose access to your child, or that…
Kalpana Peddibhotla recognized as Public Interest Attorney of Year for 2012 The NASABA Public Interest Awards honors that attorney who shows undying commitment to public service of the South Asian community and community at large. Criteria include: interesting and innovative models of practice and representation; contributions to the public interest legal field; representation of individuals or organizations…
Kalpana Peddibhotla recognized with Trailblazer Award by SABA-NC in 2012 The SABA-NC Trailblazer Award is given to an individual who has demonstrated professional excellence and true innovation in the practice of law. A candidate for this award must be a trailblazer in his or her legal field and must have demonstrated dedication and service towards the…
Premium Processing Suspended for Almost All H-1B Petitions Filed at The California And Vermont Service Centers Until February 2019 By: Roujin Mozaffarimehr The USCIS announced on August 28th, 2018 that, beginning on September 11, 2018, premium processing will be suspended for all H-1B petitions filed at Both California and Vermont Service Centers (excluding cap-exempt filings). This suspension is…
September 2018 Visa Bulletin Update – EB-1 Retrogression & Employment Based Adjustments Can Only Use Final Action Dates The Visa Bulletin began showing a retrogression for the Employment Based First Preference Category (EB-1) back in the August 2018 Visa Bulletin with a final action date of 2012 for China and India, and 2016 for all…
Latest Attorney General Decision Underscores Need for Judicial Independence By: Maleeha Haq Attorney General’s latest decision further highlights the need for immigration court to be independent of the Department of Justice. Because the country’s immigration court and their appellate body, the Board of Immigration Appeal, all fall under the purview of the Department of Justice,…
Introducing New Series: Dispatches from the Land of RFE: Deemed Universities in India By: Ameer Shaikh As immigration practitioners and beneficiaries well know, you do not always get an approval upon filing. Sometimes the USCIS issues a “Request for Evidence” aka RFE. While many of the RFE types are well-known (and even infamous: looking at…
NTA Memo Postponed Indefinitely By: Roujin Mozaffarimehr On Monday July 30th, 2018, the USCIS issued an announcement on the implementation of the Notice to Appear (“NTA”) Policy Memorandum (Policy Memorandum 602-0050.1), confirming that it is postponing the implementation of this memorandum until further notice. As we reported last month, on June 28, 2018, the USCIS issued a…
On August 17, 2018, USCIS Acknowledged that STEM OPT Is Possible for Third-Party Placement By: Roujin Mozaffarimehr On August 17, 2018, the USCIS issued an announcement clarifying and revising two points with regard to reporting responsibilities and worksite locations for Optional Practical Training for STEM Students (STEM OPT). Reporting obligations: Employers are now required to…
Program that offered a quick path to Citizenship to foreign nationals through Military Service may not be delivering on that promise MAVNI (Military Accessions Vital to National Interest), is a program that was created in 2009 by the Defense Department in order recruit foreign nationals that possess specific skills that are considered valuable to the…
USCIS Issues Updated Policy Memorandum Giving Officers Full Discretion to Deny Cases Without RFE or NOID By Roujin Mozaffarimehr On Friday, July 13, 2018, the USCIS announced its rescission of the long-standing policy memorandum (PM), “Requests for Evidence and Notices of Intent to Deny” (2013 PM) which detailed the parameters surrounding an officer’s discretion to…
USCIS Issues New Policy Memorandum Requiring the Issuance of NTAs Following Certain Case Denials By Roujin Mozaffarimehr Although the immigration court backlog has exceeded 700,000 cases as of May 2018[1], on June 28, 2018, the USCIS issued a guidance regarding Notices to Appear (NTAs), the charging document issued by DHS that schedules a foreign national…
Memo Evaluating Sessions Position on Gender Based Asylum Claims and Impact on Particular Social Group By Chloe Thomlinson and Kalpana Peddibhotla Introduction On June 11, 2018 the Attorney General issued a disheartening decision over-ruling the Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) stating that, “generally, claims by aliens pertaining to domestic violence perpetrated by non-governmental…
DHS Puts International Entrepreneur Rule on Chopping Block By: Roujin Mozaffarimehr On May 25, U.S. Citizenship and Immigration Services proposed to end the International Entrepreneur Rule (IER) of January 2017, which allowed the Department of Homeland Security to grant a 30 month stay period to foreign entrepreneurs who demonstrated they would provide a significant public…
Rule Rescinding Work Authorization for Certain H-4 Visa Holders is in Final Review, Says DHS in Court Filing In a court filing on May 22, 2018 the Department of Homeland Security (DHS) stated a rule rescinding work authorization for certain H-4 visa holders was under final review and would soon be submitted to the Office…
Trump Administration Places Increased Pressure on Immigration Courts By: Maleeha Haq Policies adopted by the Trump administration have put the already beleaguered immigration court system under increased pressure. The immigration court system operates within the Department of Justice. Its judges are not members of an independent judiciary, but rather are bound by the rules and…
USCIS Draft Policy Signals Massive Changes in Rules for International Students By: Roujin Mozaffarimehr The USCIS has changed its policy on accrued unlawful presence by nonimmigrant students and exchange visitors in F, J and M status (including dependents). On May 11, 2018, The USCIS issued a policy memorandum that will take effect on August 9,…
White House Ends Temporary Protected Status for Nepalese Nationals By: Roujin Mozaffarimehr On April 26, the Trump Administration announced that it will end Temporary Protected Status for Nepalese nationals, claiming that the living conditions in Nepal have vastly since the April 2015 earthquake, so that those with TPS could return to their homeland. The 2015…
New L-1 Pilot Program for Canadian Citizens Announced by USCIS By: Roujin Mozaffarimehr US Citizenship and Immigration Services has announced a new pilot program for Canadian citizens applying for L-1 nonimmigrant status under the North American Free Trade Agreement (NAFTA). The California Service Center and the Customs and Border Protection unit at the Blaine, Washington…
SABA Spearheads Naturalization Clinics Across Nation On May 19th, 2018 more than 300 immigrants across the nation received guidance from volunteer attorneys on the process of becoming a U.S. citizen. The South Asian Bar Association (SABA) — anchored by its national immigration panel co-chairs Kalpana Peddibhotla, founder of the Matthews Peddibhotla Law Group, and Tejas…
EAD-75 Day Mark for Service Requests No More By: Roujin Mozaffarimehr Breaking: USCIS will no longer accept I-765 service requests at the 75-day mark. As of June 1, 2018, the American Immigration Lawyers Association has confirmed that members have received numerous reports that the USCIS will no long accept calls for I-765 applications for employment…
BREAKING NEWS: DACA is Back, Trump is Thwarted Again – This Time By a Republican Appointed Judge On April 24, 2018, Federal Judge John D. Bates for the District of Columbia ruled DACA must remain in place and that the government must resume accepting new applications. Judge Bates had concluded that the Trump Administration’s decision…
STEM OPT Under Siege for Third Party Placements By Roujin Mozaffarimehr and Eddie Corona Without any warning, USCIS has re-interpreted the STEM OPT Rule from 2016 to eliminate third party placements and product implementations at a client’s worksite. The current STEM OPT regulations at 8 CFR 214.2(f) do not have any explicit bars to employers placing…
Sunnyvale ‘Dreamer’ Heads to Capitol Hill to Advocate for DACA Recipients By Kalpana Peddibhotla/ImmiCore Law Founder Since 2010, I have represented Ruchir Parikh and his family, who emigrated to the U.S. in 1992 when Ruchir was only six years old. For the past twenty-five years, this “DREAMer” has been struggling to stay in the only…
SABA Naturalization Drive This past Sunday April 22nd, Kalpana joined the host of Power Hour on 92.3 FM, Yogi Chugh, to discuss the SABA Naturalization Drive that she is spearheading. SABA is a professional association of South Asian American attorneys with over 7000 members across the U.S. Kalpana, a lifetime member of SABA is spearheading…
H-1B Cap for FY 2019 Reached in Five Days By Kalpana Peddibhotla and Roujin Mozaffarimehr H-1B season ended almost as quickly as it began. On April 2, U.S. Citizenship and Immigration Services began accepting petitions for FY 2019 for the coveted visa for highly-skilled foreign workers. Mid-morning April 6, the agency announced that it had reached…
Members of Congress Fight to Save Work Authorization for H-4 Visa Holders By Kalpana Peddibhotla and Roujin Mozaffarimehr Last month, 15 members of Congress from California signed a letter to Department of Homeland Security Secretary Kirstjen Nielsen urging her to reconsider the agency’s proposal to revoke work authorization for certain H-4 visa holders. Key signatories included…
Memo Regarding Zero Tolerance Policy/ Family Separation Policy With all of the rapid changes taking place with regard to President Trump’s zero tolerance policy and family separation actions, ImmiCore Law has put together a detailed overview of the legal roots of these policies, where these policies stand as of the release of this memorandum, as…
Asylum Activist Maleeha Haq Joins ImmiCore Law Maleeha Haq, who has fought for the rights of asylum seekers throughout the world, has joined ImmiCore Law as an of counsel attorney. After graduating in 2007 from the University of Michigan Law School, Haq was awarded a fellowship with Human Rights Watch, to work with the organization’s…
USCIS Issues Policy Memorandum Confirming Stricter Evidence Requirements for H-1B Petitions Involving 3rd-Party Worksites On Thursday February 22nd, The USCIS issued its latest Policy Memorandum, “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites.” The Memorandum largely confirms our firm’s warnings over the last year regarding the stricter adjudication of H-1B petitions involving 3rd party…
ImmiCore Law Founder Kalpana Peddibhotla Honored With Pro Bono Attorney of the Year Award from Tahirih Justice Center Kalpana Peddibhotla, founder of the ImmiCore Law, will receive the Tahirih Justice Center’s Pro Bono Attorney of the Year award at its inaugural San Francisco Bay Area gala March 8th. The Tahirih Justice Center is a national…
DHS Delays Decision on Terminating Work Authorization for H-4 Visa Holders On February 28th, the Department of Homeland Security submitted a court filing in the Save Jobs USA lawsuit stating that it would not issue a new rule terminating work authorization for H-4 visa holders until June because it needed to review the economic impact…
Entrepreneur Parole Rule as of December 14, 2017 On December 14, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that it would start accepting applications for parole under the International Entrepreneur Rule (IER) in compliance with National Venture Capital Association v. Duke. Entrepreneurs should be cautiously optimistic since USCIS also stated in the same announcement that it is…
H-4 EAD in Jeopardy Since May 2015, certain H-4 spouses of H-1B principals who have an approved I-140 have been able to apply for employment authorization pursuant to the Employment Authorization for Certain H-4 Dependent Spouses rule. This rule has since been under attack through a legal challenge in the Courts. We have recently learned…
Trump Administration Backs Down After H-1B New Years’ Eve Scare On December 30, 2017, the McClatchy DC Bureau reported that the Trump Administration was seeking to restrict H-1B visa extensions beyond the six-year limitation through a re-interpretation of the AC21 rules. After an apparent realization that such a move was ill-conceived, subject to strong reactions from the…
USCIS Reverses Long-Standing Policy on H-1B Extensions On October 23, 2017, USCIS rescinded its long-standing policy of deference in the adjudication of H-1B extensions with the same employer. USCIS officers will now “apply the same level of scrutiny to both initial petitions and extension requests for certain nonimmigrant visa categories” pursuant to the policy memorandum,…
USCIS Unfairly Scrutinizes Entry Level H-1B Positions By Kalpana V. Peddibhotla & Roujin Mozaffarimehr This year, USCIS has taken the novel and ultra vires stance that H-1B petitions for entry-level positions do not qualify for the classification and are not specialty occupation. This has led to an onslaught of Requests for Evidence (RFEs), even where the classification…
Travel Ban 3.0 – Who Can Come and Who Has Been Left Out. On September 24, 2017, President Trump announced new travel restrictions following his initial travel ban earlier this year through the Presidential Proclamation, “Enhancing Vetting Capabilities and Processes for Detecting Attempted Entry Into the United States by Terrorists or Other Public-Safety Threats.” President…
Latest Details on Employment Based Green Card Interviews: Will Field Officers Readjudicate? By Ameer Shaikh (Newark/Fremont, CA) On September 28, 2017, ImmiCore Law participated in a USCIS Ombudsman teleconference regarding the USCIS’ new interview requirement for employment based green cards. Here are a few of the salient points gleaned from the conversation: The USCIS will…
Trump Administration and America Turns Its Back on the DREAMers Kalpana V. Peddibhotla & Roujin Mozaffarimehr On September 5, 2017 President Trump announced that his administration will be ending the Deferred Action for Childhood Arrivals (DACA) program, effectively ending protection for the DREAMers he promised to support during his campaign and the early months of…
The Insidious Attack on Business Immigration to the U.S. By Kalpana V. Peddibhotla & Ameer Shaikh Trump Administration Changes Business Immigration Overnight and Simultaneously Circumvents the Legislative Process. This needs to be stated bluntly: The Trump administration’s assault on immigrants is an assault on the viability and strength of American business. The immigration debate is often framed…
Temporary Stay Granted for UC Davis Honors Student Mandeep Chahal & Mother By Kalpana V. Peddibhotla Mandeep Chahal and her mother were released from ICE custody on June 21, 2011 at 9:30 a.m. and given a temporary stay of removal. Mandeep is a pre-med honors student at UC Davis and had just finished her sophomore…
Travelers Be Wary – International Travel on Pending I-131 Will be Deemed Abandonment By Roujin Mozaffarimehr The USCIS has changed its policy with regard to international travel while a form I-131 Application for Advance Parole is pending. In the past, the USCIS routinely approved advance parole applications where applicants traveled abroad during the pending period…
BREAKING NEWS: Trump Administration to End DACA Program On September 5, 2017, President Trump issued a written statement read aloud by Attorney General Jeff Sessions, announcing the end of the Deferred Action for Childhood Arrivals (DACA) program. The President has put into place a 6-month “wind-down” of the DACA program. What we know so far:…
Can A Quit Claim Deed Change Community Property to Separate Property? By Sabi Mand, Esq. What is Community Property in California? California is a community property state. Community property is any property, asset or even debt accrued by the couple during the course of their marriage. Courts have held that the character of the property…
The Department of State Revises the Foreign Affair Manual to Provide Consular Officers Guidance in light of Trump’s “Buy American and Hire American” Executive Order By Roujin Mozaffarimehr As of August 2017, the Department of State (DOS) has updated its Foreign Affairs Manual (FAM), which details the policies and procedures by which Consular Officers are…
USCIS Expands In-Person Interview Requirements for Adjustment of Status Applications for Employment and Refugee/Asylee Relative Petitions By Roujin Mozaffarimehr On August 28, 2017, The USCIS announced that in-person interviews will now be required for applicants with adjustment of status applications based on employment (I-140 petitions), as well as Refugee/asylee relative petitions (I-730 petitions). This new…
Breaking News: Proposed RAISE Act Will Alienate, Not Attract Global Talent By Roujin Mozaffarimehr On August 2nd, Senators Tom Cotton (R-AR) and David Perdue (R-GA) introduced the RAISE Act, a bill supported by the Trump administration that, in part, looks to replace our current employment-based immigration system with a “merit-based” points system that purports to…
Dream Act ImmiCore Law welcomes the relief that would come with the approval and implementation of these bills. However, we remain cautious of their outcomes based upon the current Administration’s conservative stance on immigration. 2017 DREAM ACT The Senate and House each introduced new bills, S. 1615: Dream Act of 2017 and H.R. 3440: Dream…
H-1B CAP – How to Prepare for and What to Expect on October 1st The USCIS confirmed at the end of June that it has returned all rejected H-1B CAP petitions, and petition adjudication is underway. We expect requests for evidence (RFEs) and approvals to keep trickling in through the summer. Here are a few…
The January 2017 Rule On January 17, 2017, the final rule published by the Department of Homeland Security took effect, codifying many sections of the American Competitiveness in the Twenty-First Century Act of 2000 (AC21), as well as many other laws relating to the employment of foreign workers. We are providing the details of the new rule…
EB-1 Retrogresses Again in 2017 for Indians and Chinese For the second year in a row, the priority date for EB-1 retrogressed for Indian and Chinese born foreign nationals. This visa category is reserved for the brilliant among us – aliens of extraordinary ability in science, business, and the arts; outstanding researchers; and executives and…
USCIS Site Visit Initiative for H-1B Dependent Employers and Consulting Companies On July 19, 2017, ImmiCore Law attorneys attended a USCIS hosted Employment Visa Engagement event at the USPTO in San Jose, CA. Representatives from the USCIS, Western Regional, Fraud Detection & National Security (FDNS) Unit spoke at this event. They discussed their new targeted…
Executive Action: Employment Based Immigration The President has directed the Secretaries of DHS & DOS to submit recommendations by March 20, 2015. In the meantime, the DHS Secretary Johnson has issued a Memorandum outlining the following new policies: Reduce wait times for employment-based visas and improve visa processing Visas have gone unused due to processing issues.…
Executive Action: H-4 Employment Authorization President Obama announced that employment authorization would be given to certain H-4 dependent spouses. USCIS first proposed Federal rule on May 12, 2014 allowing for employment authorization of H-4 dependent spouses. The public comment period on that rule was held until July 11, 2014. Immigration advocates, including the American Immigration…
Executive Action: Undocumented Immigrants & Deferred Action There are approximately 11 million immigrants in the U.S. who have either entered the US without advance permission or entered with permission and overstayed their visas, and are therefore “unlawfully” in the U.S. These people are referred to by the immigrant advocacy community as “Undocumented Immigrants.” They are…
President Obama: Major Immigration Announcement President Obama is expected to make a major announcement about immigration reform this Thursday evening. It is anticipated that he will roll out a plan that would effectively grant relief from deportation to as many as 5 million undocumented immigrants by using his Executive Authority on how our current immigration laws…
California’s 2015 Update to the Overtime Exemption for Computer Professionals California’s Labor Code contains some of the most, if not the most, employee-friendly laws in the United States; and much of the code is spent dealing with the minimum wages employees must be paid, and the maximum hours they can be made to work without requiring…
Mathews Law Office: LLC vs. S Corp vs. C Corp Sole Proprietorships and Partnerships Sole Proprietorships and Partnerships are great for getting started quickly and with minimal cost for startup, however you need to be aware that you have unlimited liability for business debts. So if your business is sued for any reason, the plaintiff…
Visa for Start-Ups (O-1) You are an immigrant entrepreneur with a great idea. You launched your product, you got funding, people are starting to talk about the product, and the press is interested. But there is a problem. You don’t have an immigration status that allows you to work in the U.S. and take your…
Work Authorization for Certain H-4 Dependents! (Proposed Rule) DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants
F-1 and OPT Travel FAQs General Comments about traveling while on F-1 or OPT As an F-1 student you are required to have non-immigrant intent when you present yourself at a U.S. port of entry. Travel while on F-1 status or OPT, especially after you graduate, can raise the potential that you may be denied…
U.S. Master’s Cap Exemption and Private For-Profit Universities Beware! As the H-1B Fiscal Year (FY) 2015 Cap Season is about to commence on April 1, 2014, this article is written to address considerations for those who hope to be included in the U.S. Master’s Cap Exemption and who may have been included in the past…
California Immigration Reform While Washington remains gridlocked on immigration reform, California has passed several new bills that give immediate relief to immigrants in our great state. Read more… Source: LexisNexis Legal Newsroom, Oct. 7, 2013 AB 60: Extends the legal right to drive on the state’s roadways to millions of Californians; AB 4: Prohibits a…
The “SAFE“ Act is anything but. United We Dream highlights the problems with the “SAFE” Act introduced by Rep. Gowdy (R-Sc) in June 2013. United We Dream identifies several disturbing issues with this Act. The bill does little to fix our immigration system and eliminates relief for young DREAMers.
Indians Now Third Largest Immigrant Population in U.S. Since my parents arrived in the early 1960s to the U.S., “the share of Indian immigrants among all foreign-born in the U.S. increased from less than 0.5 percent to almost 5 percent…” “The 1.86 million Indian immigrants who were living in the U.S. in 2011 represented the…
Peddibhotla Law Firm supports the production of the creative and inspiring new film, “For Here or To Go?“ For the last few months the Peddibhotla Law Firm has been consulting with and providing resources to the independent filmmakers of “For Here or To Go?”The film is a comedy drama set in San Francisco/Bay Area and Mumbai.…
Is Comprehensive Immigration Reform still possible? By Kalpana V. Peddibhotla In our last July Newsletter, we described the U.S. Senate’s historic step in passing a comprehensive immigration reform bill, S.744, on June 27, 2013. After our last newsletter, many people contacted our office to inquire about the “new immigration reform law.” At this time there is NO new…
The September 2013 Visa Bulletin has been released! Next month we will enjoy a steady progression on the Employment Based side (EB-2 India moves 6 months, EB-3 India nearly 9 months and other categories move up to 1.5 years)! On the Family Based side, F2A remains current! So spouses of Green Card holders remain eligible…
August 2013 Visa Bulletin – F2A is Current! The new Visa Bulletin for August 2013 was just released – and finally the priority date for spouses and children of Lawful Permanent Residents is current for all countries! Individuals in the F2A category can begin filing for adjustment of status on August 1, 2013. We also…
U.S. Senate Passes Historic Immigration Reform Bill Written by Kalpana V. Peddibhotla, Attorney, Founder of Peddibhotla Law Firm. On June 27, 2013, the U.S. Senate took a historic first step in the process of reforming our current immigration system. In a vote of 68-32, the Senate passed the Border Security, Economic Opportunity, and Immigration Modernization Act (S.…