Recording of Free Community Conference Call (Every Other Thursday), 11 February 2016

Immigration Law

Substantial transcription for video

Discussion Topics, Thursday, 11 February 2016:
FAQ: Traveling on EAD, Advance Parole, H-4; Does changing jobs require restarting green card; Returning to H-1 after I-485 EAD; Birth certificates and affidavits of birth, non-availability certificate, secondary evidence; E-3 visa change of employers and filing green card; Options after 6 years of H-1 are completed; Extending B-2 visa and status for dependent parent; Effect of change in project on EB-1C (International Managers/Executives) green card.

Other: H-4 for autistic son over 21; H-1 amendment location has changed; Using B-1 B-2 visa after Advance Parole expire, I-485 is abandoned; H-1 reuse and quota; I-140 priority date transfer and returning to old employer; H-1 quota if no visa was stamped; I-485 RFE; Correcting errors on Form I-130; Starting green card with new employer, porting (transfer of) priority date; AC21 changing jobs while RFE is pending; Denial of Form I-751, conditional permanent residence (green card); Resetting the clock on H-1B and L-1B; H-4 EAD issues; Applying for change of status from H-3 to F-1.

Is the Investor Visa Program an Underperforming Asset?

Congress created the EB-5 visa program in 1990 as a tool to stimulate the U.S. economy by encouraging foreign capital investments and job creation. The EB-5 program makes immigrant visas and subsequent “green cards” available to foreign nationals who invest at least $1,000,000 in a new commercial enterprise (NCE) that will create or preserve at least ten full-time jobs in the United States. A foreign national may invest $500,000 if the investment is in a targeted employment area (TEA), defined to include certain rural areas and areas of high unemployment.

When to File Your Adjustment of Status Application for Family-Sponsored or Employment-Based Preference Visas: March 2016

Are you seeking to adjust your status and become a U.S. permanent resident under a family-sponsored or employment-based preference immigrant visa? If you have not yet had a relative or employer file an immigrant visa petition on your behalf, please learn more about the Adjustment of Status Filing Process.

DHS Enhances Opportunities for H-1B1, E-3, CW-1 Nonimmigrants and Certain EB-1 Immigrants, Final Rule Posted

The Department of Homeland Security (DHS) amended its regulations today to improve the programs serving the H-1B1, E-3 and CW-1 nonimmigrant classifications and the EB-1 immigrant classification, and remove unnecessary hurdles that place such workers at a disadvantage when compared to similarly situated workers in other visa classifications.

H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016

Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).

A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means:

DHS Announces Changes to Entry Requirements for Caribbean Residents Traveling to U.S. as Agricultural Workers

For Immediate Release

DHS Press Office
Contact: 202-282-8010

DoS Office of Press Relations
Contact: 202-647-2492

The Department of Homeland Security and the Department of State published rules in the Federal Register on February 4, 2016 eliminating the nonimmigrant visa exemption for certain Caribbean residents coming to the United States as H-2A agricultural workers. Beginning February19, certain Caribbean residents seeking to come to the United States as H-2A agricultural workers will be required to have both a valid passport and visa.