EB-5 Program to Expire June 30, 2021
The EB-5 regional center program will expire on June 30, 2021 after efforts fail in the U.S. Senate to reauthorize it, but reauthorization may still be possible after the Senate returns in July.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
DACA Fully Reinstated
On December 4, 2020, a U.S. District Court for the Eastern District of New York ordered the Department of Homeland Security (DHS) to fully reinstate the DACA program immediately and DHS must post a public notice stating DHS is accepting new, initial DACA applications, work permits are valid for two years, and DACA recipients are eligible to apply for Advance Parole.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
H-2B numbers for the first half of fiscal year 2021.
The United States Citizenship and Immigration Service (USCIS) released numbers for the H-2B cap count for fiscal year 2021. USCIS states it has received 29,739 beneficiaries toward the 33,000 cap for the first half of FY2021, with 24,181 approved and 5,558 pending.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
The Trump Administration Suspends H-1B, H-2B, J-1, and L-1 Nonimmigrant Visas Through December 31, 2020.
In a new presidential proclamation, President Trump ordered the suspension of certain nonimmigrant visas from being issued for entry into the United States effective June 24, 2020 through December 31, 2020. The nonimmigrant visas covered are for H-1B, H-2B, J-1, and L-1. It will cover anyone outside the United States on the effective date of June 24, 2020 who does not have a valid visa (H-1B, H-2B, J-1, or L-1) and a valid travel document for entry into the United States. The Department of Homeland Security, the Department of Labor, and the Department of State will make any modification deemed necessary in the future. This proclamation also continues the suspension of certain employment based immigrant visas that were put into effect on April 24, 2020.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
The United States Supreme Court Overrules Trump on DACA.
In a 5 to 4 decision, the United States Supreme Court held the Trump's Administration decision to end the Deferred Action for Childhood Arrivals or DACA back in September of 2017 was arbitrary and capricious, and in violation federal administrative procedure rules. DACA prevented the removal (deportation) of approximately 700,000 individuals brought to this country when they were under 16 years old and also allowed them to receive work permits.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
President Donald Trump seeks to ban, revoke, or limit graduate students from the People's Republic of China from receiving or continuing in F or J visa status.
Effective June 1, 2020 at 12:00 p.m. Eastern Standard Time, post-graduate students believed to have connections with the People's Liberation Army (PLA) and seeking to enter or stay on F or J visa will be denied such visas or the visas revoked. The proclamation targets graduate students in technology or research that the Trump Administration views can help China continue to modernize its military and/or steal intellectual property.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
Matter of F-M-Co., Adopted Decision 2020-01 (AAO May 5, 2020) applies to multinational executives and managers (first preference immigrant classification).
USCIS designated the decision above as an Adopted Decision and applies when a beneficiary's oversea employer undergoes a restructuring prior to filing an I-140 petition under INA section 203(b)(1)(C) (multinational executives and managers).
In such cases, the petitioner must establish that the beneficiary's foreign employer continues to exist through a successor entity and that the petitioner and successor entity are part of the same multinational organization.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
USCIS extends its closure of in-person services.
On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on June 4, 2020 unless the public closures are extended further.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
Trump's Proclamation on Suspending Immigrants for 60 Days
Effective April 23, 2020 at 11:59 pm (Eastern Standard Time), immigrants will not be allowed to enter the U.S. if
outside the U.S. as of the effective date;
not have a valid immigrant visa as of the effective date, and
not have a valid travel document (e.g., advance parole, transportation letter, or boarding foil) as of the effective date or issued thereafter that allows for travel to the U.S. and seek admission.
The proclamation does not apply to:
legal permanent residents,
immigrant visas for physicians, nurses, and other health care professionals,
investor (EB5),
spouse of a U.S. citizen,
child of a U.S. citizen (including prospective adoption),
alien who may help U.S. law enforcement,
those in the U.S. armed forces and their spouse and children,
special immigrant visas (SI or SQ),
national interest waiver applicant,
nonimmigrants, and
asylum.
The suspension is for 60 days from April 23, 2020 (11:59 pm EST) and may be continued by the Trump Administration.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
Update on Visas for Medical Professionals
Medical professionals with an approved U.S. non-immigrant or immigrant visa petition (I-129 or I-140 with a current priority date, or similar) or a certificate of eligibility in an approved exchange visitor program (DS-2019), particularly those working to treat or mitigate the effects of COVID-19, should review the website of their nearest U.S. embassy or consulate for procedures to request an emergency visa appointment.
For foreign medical professionals in the United States:
J-1 Alien Physicians (medical residents) may consult with their program sponsor, ECFMG, to extend their programs in the United States. Generally, a J-1 program for a foreign medical resident can be extended one year at a time for up to seven years.
The way to confirm one’s required departure date is here: https://i94.cbp.dhs.gov.
Those who need to extend their stay or adjust their visa status must apply with USCIS.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
USCIS further extends its closure of in-person services.
On March 18, U.S. Citizenship and Immigration Services temporarily suspended in-person services at its field offices, asylum offices, and application support centers (ASCs) to help slow the spread of coronavirus (COVID-19). USCIS offices will begin to reopen on May 4 unless the public closures are extended further. Employees in these offices are continuing to perform mission-essential services that do not require face-to-face contact with the public. USCIS will continue to provide limited emergency services. Please call the Contact Center for assistance with emergency services. USCIS will provide notices to those affected by the closure. People with InfoPass appointments will have to reschedule them again through the USCIS Contact Center once the field offices are open to the public.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
USCIS extends its closure of in-person services.
U.S. Citizenship and Immigration Services extends its closure of in-person services at field offices, asylum offices, and Application Support Centers due to the COVID-19 pandemic to April 7, 2020 (originally set to April 1, 2020).
ALLY LAW temporarily closes IN-PERSON legal services, but ONLINE legal services remain available.
Effective March 20, 2020, due to the COVID-19 pandemic and California Governor's "Safer at Home" order, the office will temporarily stop IN-PERSON legal consultation and meetings but the office will continue to assist you with immigration and citizenship matters through ONLINE means (email, video conferencing, online document sharing/editing, etc.). Please stay safe and help your neighbors.
USCIS Temporarily Closes Offices to Public
Effective March 18, 2020, U.S. Citizenship and Immigration Services will close in-person services at field offices, asylum offices, and Application Support Centers due to the COVID-19 pandemic. The suspension of in-person services is through at least April 1, 2020.
Premium Processing Fee To Increase
On December 2, 2019, the premium processing fee for Form I-129 (nonimmigrant worker) and Form I-140 (immigrant worker) will be $1,440.00, from the current fee of $1,410. Any such forms postmarked on or after December 2nd will require the new fee.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
Employment authorization documents (EADs) issued to beneficiaries under the Temporary Protected Status (TPS) designation remain valid through January 2, 2020
EADs with a code of either “A-12” or “C-19” and an expiration date (July 22, 2017; November 2, 2017; January 5, 2018; January 22, 2018, March 9, 2018; November 2, 2018; January 5, 2019; April 2, 2019; July 22, 2019, or September 9, 2019) are valid through January 2, 2020.
USCIS automatically extended these EADs.
Employers should not re-verify until January 3, 2020.
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.
One-time filing extension for CW-1 petition
United States Citizenship and Immigration Services (USCIS) is giving a one-time and limited allowance for CW-1 petition worker's in the Commonwealth of the Northern Mariana Islands (CNMI) for fiscal year 2020 CW-1 petitions (employment starts on or after October 1, 2019) to file for an extension of CW-1 validity even if USCIS receives the petition after the expiration of the current CW-1's validity expires.
The one-time extension is given to smoothly implement the new requirement that CW-1 petitions with employment start dates on or after Oct. 1, 2019 include a Temporary Labor Certification (TLC) from the U.S. Department of Labor (DOL).
If you have any questions on this issue or any other employment, investment, family, or individual immigration or citizenship case please contact the law office at (213) 290-3606 or email.