Immigration Updates

Successfully Secured Compelling Circumstances EAD Despite Pending I-485 Filing

August 20, 2024 -We are proud to announce that our firm successfully secured Employment Authorization Documents (EADs) under compelling circumstances for our client, despite the fact that the primary applicant had already filed an I-485 (Application to Register Permanent Residence or Adjust Status) with USCIS—a situation that, according to the USCIS website, typically disqualifies applicants from receiving a compelling circumstances EAD. We argued to USCIS that nothing could be more compelling than the facts of this case, where the primary applicant could lawfully remain in the U.S., but the dependents, who were on H-4 visas, could not. This argument resonated with USCIS, resulting in a positive outcome for our clients, allowing the entire family to stay together.

Parole Process for Noncitizen Spouses Starting August 19, 2024

July 18, 2024 -USCIS has provided update on the process to promote family unity and stability. It announces a new parole process to allow certain noncitizen spouses of US citizens to apply for lawful permanent residence without leaving the US. Applications will open on August 19, 2024.  

Eligibility Criteria

To be eligible for parole under this process, individuals must be present in the U.S. without admission or parole, have continuously resided in the U.S. for at least 10 years as of June 17, 2024, have a legally valid marriage to a U.S. citizen as of June 17, 2024, have no disqualifying criminal history or national security concerns, and merit favorable discretion. Certain noncitizen children may also be eligible if they meet physical presence and relationship requirements.

Timeline

USCIS will begin accepting applications on August 19, 2024. Applications cannot be filed before then. USCIS will publish a Federal Register notice explaining eligibility, application forms and fees.

Application Preparation

Although applications cannot yet be filed, individuals can prepare by gathering eligibility evidence like proof of identity, marriage certificate, proof of spouse’s citizenship, and documentation of 10 years of continuous U.S. presence. For children, evidence like birth certificates, adoption decrees, and proof of presence on June 17, 2024 can help.

Client’s I-601 Waiver Accepted After Initial Refusal

July 8, 2024 -We are pleased to share a recent development regarding one of our client’s I-601 waiver application. Initially, the approved waiver was refused to accept by the U.S. Consulate in Mumbai. However, through persistent efforts of The Ahluwalia Firm, we have successfully resolved the matter.

We are happy to report that the U.S. Consulate in Mumbai has now accepted the waiver. The foreign national, who was previously in removal proceedings, was able to successfully join his wife and family in the United States.

This success highlights our commitment to advocating vigorously for our clients and achieving favorable outcomes, even in challenging circumstances.

Thank you for trusting us with your immigration needs.

New Immigration Program Announced by President Biden

June 18, 2024 – President Joe Biden has unveiled a groundbreaking new immigration program that offers a pathway to citizenship for undocumented immigrants married to U.S. citizens. This initiative addresses long-standing immigration challenges by providing work permits, deportation protection, and a route to green cards for those who have been living in the U.S. for over ten years. The application process for this new immigration program is set to open by the end of summer 2024.

For more details on this immigration update and to see if you qualify, contact The Ahluwalia Firm, your trusted San Jose immigration attorney.

Extension of H-1B Registration Period

USCIS has recently extended the initial registration period for the fiscal year (FY) 2025 H-1B cap. Originally scheduled to conclude at noon Eastern on March 22, 2024, the registration period commenced at noon Eastern on March 6, 2024. However, due to a temporary system outage experienced by some registrants, USCIS has extended the registration deadline. The new deadline for the initial registration period is now noon Eastern on March 25, 2024.

This extension aims to provide additional time for those affected by the technical issue to complete their registrations. It ensures that all eligible applicants have a fair opportunity to submit their registrations for the FY 2025 H-1B cap.

Please be sure to take note of this updated deadline and make any necessary arrangements to ensure timely submission of your registration, if applicable. We can be contacted at 408-981-7696 to assist you with the H-1B registration process.

Successful EAD Acquisition Based on Compelling Circumstances

April 16, 2024 – We are thrilled to announce that our team at The Ahluwalia Firm successfully obtained an Employment Authorization Document (EAD) based on compelling circumstances for a client who was previously on H-1B status. After the expiration of their H-1B status, our San Jose immigration lawyer quickly intervened, leveraging our expertise to present a compelling case. As a result, the client was granted an EAD, allowing them to legally work in the U.S. for one year, providing much-needed stability and peace of mind.

If you need assistance with immigration-related challenges, including obtaining an EAD, contact us today to schedule a consultation. We are committed to helping you achieve your immigration goals.

Congratulations to our client and our dedicated team for this successful outcome!

Attention Employers and H-1B Applicants, February 2024

The United States Citizenship and Immigration Services (USCIS) has announced that the registration period for cap-subject H-1B petitions for fiscal year 2025 will open on March 6, 2024. This registration period is for employers seeking to sponsor foreign workers for H-1B visas, which are typically used for specialty occupation positions.

Key Dates:

Registration Period Opens: March 6, 2024

Registration Period Closes: March 22, 2024

How Does the Registration Process Work?

Employer Registration: Employers must set up Organizational Accounts in the USCIS online account that will allow multiple people within an organization and their legal representatives to collaborate on and prepare H-1B registrations, H-1B petitions, and any associated Form I-907. 

Random Selection Process: Once the registration period closes, USCIS will conduct a random selection process to select the registrations that will be eligible to submit H-1B petitions.

Notification of Selection: Employers whose registrations are selected will be notified via their USCIS online accounts. They will then have a designated period to submit full H-1B petitions for the selected beneficiaries.

Important Considerations:

Timely Registration: Ensure that your registration is submitted within the designated registration period to be considered for the H-1B lottery.

Complete and Accurate Information: Double-check all information provided during the registration process to avoid errors or discrepancies.

Consultation with Immigration Counsel: Employers and prospective H-1B beneficiaries are encouraged to seek guidance from qualified immigration attorneys to navigate the Organizational Account Roles and Permission, registration, and petition process successfully.

How Can We Assist You?

At The Ahluwalia Firm, we provide expert guidance and assistance throughout the cap-subject H-1B registration and petition process. Our team of experienced attorneys is dedicated to helping employers and foreign workers achieve their immigration goals efficiently and effectively.

Contact us today to schedule a consultation and learn how we can assist you with your H-1B registration and petition needs.

International Students Get to Stay in the United States Who Opt Online Courses this Fall due to COVID-19.

On July 15, 2020 ICE has published a new guidance regarding international students how they can maintain F-1 status while enrolled into hybrid courses. For more information, please click here.

USCIS Publishes Filing Guidance for Certain H-4 Dependent Spouse

On May 20, 2015 USCIS has finally issued on filing Form I-765 on May 26, 2015, the date H-4 rule becomes effective. For more information, please click here.

Finally, President Obama ordered executive action to address problems in our immigration policies- November 2014

On November 20, 2014, President Obama unveiled executive actions offering temporary legal status to millions of undocumented immigrants to stay in the United States and get permission to work for three years. For more information on The President’s Immigration Accountability Executive Actions, please click here.

Study shows specialized work visas are being denied at a higher rate-March 2014

According to a recent report from National Foundation for American Policy, specialized work visas are being denied at a much higher rate despite no new regulations changing the adjudication standard.

The Ahluwalia Firm is excited to announce recent asylum victory before the Immigration Court, San Francisco, CA- November, 2013.

An Indian national feeling political and religious persecution was granted asylum by the Judge. With the asylum grant, he is on a path to obtain permanent residency and U.S. citizenship. He will soon be reunited with his family and no longer has to live with uncertainty.

F2A Family-Based Visa Category Becomes Current for August 2013

According to the Department of State visa bulletin for the month of August 2013, the family-based second preference category (F2A), which is for spouse and children (under 21 years of age) of Lawful Permanent Resident, will remain current for at least until August 31, 2013. It means that foreign national who is either a spouse or child of Permanent Resident will be eligible to apply for lawful permanent residence.

If the spouse and children of Lawful Permanent Resident are currently living in the United States in a non-immigrant visa status, they should not miss this unique opportunity to file their Immigrant Visa Petitions and Adjustment of Status Applications with the USCIS in August.

The Department of State’s website can be assessed here to view the August 2013 Visa Bulletin.

Automation of Form I-94 (Arrival/Departure Record) is in effect as of April 30, 2013

U.S. Custom and Border Protection (CBP) launched a new automated system that would electronically gather foreign national’s arrival/departure information automatically from their travel records

upon their arrival to the United States by air or sea. Foreign travelers are no longer required to fill out a paper Form I-94/ Arrival/Departure Record. However, CBP will continue to issue a paper Form I-94 at land border ports of entry.

For more information on automation of Form I-94, please click here.

Immigration Reform Bill Introduced

The bipartisan group of senators released the “Border Security, Economic Opportunity, and Immigration Modernization Act of 2013” on Wednesday, April 17, 2013. The proposed legislation contains various provisions including guest worker program, merit based employment visa for foreign-born talent, a new visa program for lower skilled workers, mandatory e-verify for all employers and proposal to increase the annual cap of H-1B visas to 110,000 along with strengthening border security. Under the proposal, undocumented immigrants who were in the United States before December 31, 2011, would be eligible to apply for Registered Provisional Immigrant (RPI) status provided they do not have significant criminal conviction and have not voted illegally. They will have to pay a fine of $500 and back taxes.

New Immigration Fee for seeking Lawful Permanent Residence in the United States

The U.S. Citizenship & Immigration Services (USCIS) has started collecting a new immigrant fee of $165.00 from individuals who receive their immigrant visa from a U.S. Consulate/Embassy on or after February 1, 2013. This new immigrant fee is implemented to cover the USCIS’ cost to handle and process the immigrant visa package and the cost of producing the Lawful Permanent Resident Card.The USCIS immigrant fee can be paid online through USCIS ELIS

Senate Deal Reached on Immigration Reform, Supported by President Obama

On Jan. 28, a bipartisan group of eight senators announced their agreement on a comprehensive measure to overhaul the immigration system. President Obama supports this measure, but also has his own proposal that he will submit to Congress if the Senator’s plan does not pass. Both plans agree on several key issues – increased border security, a faster path to citizenship for undocumented youths, mandatory employment verification, reducing the backlog for family and employment-based visas, and a path to citizenship for the 11 million illegal immigrants currently in the U.S.

Both the Senate and President Obama want to give green cards to immigrants who have earned advanced degrees (Masters, PhD) in science, technology, engineering or math from American universities. They also want to require all employers to use the USCIS’ E-Verify system to prove employees are legally allowed to work in the U.S. Not using E-Verify will result in increased fines for the employer. Both plans also have different measures for eliminating the backlog of family and employment visas. These disagreements include how to allow more visas to be issued and to whom.

With regards to a path to citizenship for the illegal immigrants already in the U.S., both plans agree that all immigrants can earn ‘provisional legal status’ by registering, passing background checks, and paying fees. Once ‘provisional legal status’ is obtained, those immigrants would be allowed to work in the U.S. and could eventually apply for permanent residency. Differences between the Senate’s plan and President Obama’s proposal concern the timing of when these measures take place and some details about what else is required to earn ‘provisional legal status’. President Obama is expecting Congress to pass an immigration law in the first half of this year. The first hearing of the House Judiciary Committee on immigration reform is set for February 5, 2013.

The key issues the President wants to include in the immigration reform can be accessed at: http://www.whitehouse.gov/the-press-office/2013/01/29/fact-sheet-fixing-our-broken-immigration-system-so-everyone-plays-rules

Study Shows U.S. Government Spends More on Immigration Enforcement in 2012, Way More Than Federal Law Enforcement Agencies Combined

The Migration Policy Institute, a nonpartisan research group in Washington, D.C., has released a well documented study confirming that the U.S. government spends more on federal immigration enforcement than on all other federal enforcement agencies combined, with nearly $18 billion spent in fiscal 2012.

The full report can be downloaded at: www.migrationpolicy.org/pubs/enforcementpillars.pdf

Check Your Immigrant and Non-Immigrant Visa Status Online

The Department of State has recently developed a web tool to check the status of the immigrant and non immigrant visa online. The Department of State website can be accessed at: https://ceac.state.gov/CEACStatTracker/Status.aspx

USCIS will start accepting I-601A Provisional Unlawful Presence Waiver starting March 4, 2013

This process allows certain immediate relatives of a U.S. citizen to apply and receive Provisional Unlawful Presence waivers within the United States. This new rule is implemented to avoid the uncertainty and lengthy waiting period in consular processing for these individuals who need an unlawful presence waiver of inadmissibility. It should be noted that the provisional waiver will cover the unlawful presence inadmissibility grounds only. For more information about the Provisional Unlawful Presence waiver, USCIS’ informational flyer can be accessed at: http://www.uscis.gov/USCIS/Resources/How%20Do%20I%20Guides/Static%20Files/601.pdf

The final rule promulgated by the Department of Homeland Security and published in the Federal Register about Provisional Unlawful Presence waiver of inadmissibility for certain immediate relatives can be accessed at: https://www.federalregister.gov/articles/2013/01/03/2012-31268/provisional-unlawful-presence-waivers-of-inadmissibility-for-certain-immediate-relatives

New Visa Processing System in India

The U.S. Embassy in Delhi and the U.S. Consulates General in Kolkata, Chennai, Mumbai, and Hyderabad have started using a new visa processing system that would allow visa application fee payment and booking an appointment through a new website at http://www.ustraveldocs.com/in/

The most important change in the new system, is that applicants will have to make two appointments. Applicants will have to visit an Offsite Facilitation Center (OFC) to submit their fingerprints and a photo before their visa interviews. These OFC’s are not located at the consular facilities.