Dear Clients & Friends:
Unfortunately, 2017 has been a very challenging time for many aspects of U.S. immigration on all fronts. We have seen the end of DACA (Dream Act) which affects over 750,000 foreign nationals who came to the U.S. many years ago as children and have lived, worked and paid taxes here while Democrats and Republicans attempt to forge a replacement in the months to come. We have seen the termination of Temporary Protected Status (TPS) benefits for nationals of Haiti, Nicaragua, Honduras, Sudan, etc. We have seen the Supreme Court (after many court battles in the lower federal courts) permit restrictions on the ability of President Trump as Chief Executive to exclude nationals of Chad, Iran, Libya, North Korea, Somalia, Syria, Venezuela and Yemen as well as the suspension of visa services with Turkey. We have seen a huge spike in the arrest and apprehension of foreign nationals (including children) who have illegally crossed the border, many fleeing repressive regimes in Central America, as well as those whose visas have expired. In addition, as a result of the Buy American, Hire American (BAHA) Executive Order in April 2017, we have seen a full frontal assault on various working visas such as the H-1B, E-1 (treaty trader) and E-2 (treaty investor, the L-1 intracompany transferee, etc. We have also seen a severe reduction in personnel at US Consulates around the world and a general hardening of attitudes and the exercise of discretion in reviewing visa applications. The latest proposal involves the termination of work permission for H-4 spouses. It is regrettable that the immigration debate often confuses and blends legal and illegal immigration. As an experienced U.S. immigration practitioner whose grandparents came to the US from Russia, Austria, Romania, etc., I have never before experienced such an anti-immigration environment which threatens to shake the American core although recent polls do show that the public actually favors immigration. Let’s not forget that the United States is a nation whose foundation was constructed by immigrants. The result is that we may lose many of the best and brightest candidates who have enriched our country to nations such as Canada which are now welcoming highly educated foreign nationals. We must ask ourselves if this is the direction that is best for our country. I am sure that most of our readers will agree that American needs to change its course. Former Presidents Bush and Obama both recognize the importance of immigration to our great country.
SENATORS, WHITE HOUSE LAY GROUNDWORK FOR DREAMERS DEAL
According to Politico, top senators and White House officials are now laying the groundwork for a major immigration deal in January to resolve the fate of young undocumented immigrants whose legal protections have been put in limbo by President Trump. White House Chief of Staff John Kelly has pledged that the administration will soon present a list of border security and other policy changes it wants as a part of a broader deal on ‘Dreamers.’
This comes after the Trump administration released a memorandum On September 5, 2017, effectively ending DACA, a federal program protecting certain undocumented people (nearly 700,000) who immigrated to the United States as children from deportation. According to Homeland Security officials, these deportation protections could disappear in as little as four months as President Trump has given Congress until March 5, 2018, to pass a bill on the issue.
Potential DACA Replacement Bills:
- Recognizing America’s Children (RAC) Act: This requires applicants to have arrived in the U.S. at 16 years or younger and have lived in the U.S. since January 1, 2012. Applicants must either have a high school diploma or be enrolled in school, have a valid work authorization or enlist in the military. Unlike DACA, this bill allows recipients to travel outside of the U.S. right away and provides a pathway to citizenship after 10 years.
- Bridge Act: This bill has bipartisan support but does not support a pathway to citizenship and does not allow travel outside of the United States. This is a 3-year renewable visa that requires applicants to have entered the U.S. before 16 years of age and have resided in the U.S. continuously since June 15, 2007. Applicants must be enrolled in school or have a high school degree or GED.
- Succeed Act: This allows for citizenship after 15 years and international travel. Applicants must have entered the U.S. before 16 years of age and be younger than 31 on June 15, 2012, must have lived continuously in the U.S. since January 1, 2012, and must have earned a high school diploma or GED or be enrolled in higher education. Those who have served or enlisted in the Army are also eligible.
- Dream Act: This bill has the most support and allows for a pathway to citizenship. Applicants must have entered the U.S. before the age of 18 and have lived in the U.S. for 4 years prior to the bill’s enactment, and must have a GED or high school diploma or enrollment in a higher education program. Unlike the other bills , there is no date associated with the age requirement.
NEW ENTREPRENEUR PAROLE PROGRAM
U.S. Citizenship and Immigration Services (USCIS) has recently announced that it will accept applications for the new Entrepreneur Parole program where entrepreneurs and their families will be able to come to the U.S. for up to 5 years, in two, 30-month increments, based on an investment of $375,000.
TRUMP LAYS OUT NEW ‘VISA WAIVER’ TRAVELER RESTRICTIONS
The Trump administration recently announced new restrictions to the U.S. Visa Waiver Program. According to such restrictions, countries whose citizens can travel to the U.S. without a visa, such as Spain, Ireland, Japan, Portugal, France and Germany, will have to use U.S. counter-terrorism information to better screen travelers and bolster aviation security measures. The countries will be required to begin sharing additional background information and establish effective safeguards against threats by foreign airport workers. Some countries will also be required to start a public relations campaign to discourage their citizens from overstaying their visits.
EB-5 VISA PROGRAM HAS BEEN EXTENDED UNTIL JANUARY 19, 2018
On December 21, 2017, U.S. lawmakers avoided a government shutdown by passing a temporary budget extension through January 19, 2017. This extension includes the EB-5 visa program.
DACA BENEFICIARIES SEEK COURT INJUNCTION TO TERMINATION
Deferred Action for Childhood Arrivals program applicants have recently filed a lawsuit asking a New York federal judge to grant them class certification and prevent the federal government from terminating their deportation with a preliminary injunction. We will keep our readers apprised of the progress of this case.
SUPREME COURT ALLOWS TRUMP’S TRAVEL BAN TO TAKE EFFECT
On Monday, December 4, 2017, the Supreme Court allowed thethird version of the Trump administration’s travel ban to go into effect for the time being. The decision lifts the block against the travel ban while the appeals process over the lawfulness of the ban continues. This means that the administration can now enforce its travel restrictions against citizens from Iran, Libya, Syria, Yemen, Somalia, Chad, North Korea and Venezuela. The restrictions vary in their details, but in most cases, citizens of the aforementioned-countries will be unable to emigrate to the U.S. permanently and many will be barred from working, studying or vacationing here. This move suggests that the administration’s chances of prevailing in the Supreme Court when the justices decide the lawfulness of the latest travel ban have increased.
THE TRUMP ADMINISTRATION TIGHTENS RULES IN WORKER VISA PROGRAMS
The Trump administration is increasing federal scrutiny over the employment-visa application process and it has recently announced it will scrap the provision that allows spouses of H-1B visa holders (H-4 visa) the right to work. While President Trump campaigned on promises to reduce illegal immigration, the administration has also targeted legal immigration. This includes the high-skilled visa program known as H-1B. According to immigration statistics, requests for evidence on H-1B applications have increased by 44% since last year as the Department of Homeland Security and Department of Justice have announced measures to increase scrutiny. Thus, many are bracing for upcoming restrictions to the visa programs. In particular, there could be changes to the Optional Practical Training program, which gives foreign graduates from U.S. colleges in science and technology an additional 2 years of work authorization.
TN NONIMMIGRANT ECONOMISTS ARE DEFINED BY QUALIFYING BUSINESS ACTIVITY
USCIS recently released a policy memorandum clarifying that the TN category for Economists is limited to actual economists. That is, for an applicant to qualify for TN status based on work in the economist profession, the applicant must engage in activities consistent with the the profession of economists. Activities that constitute a broad range of other professions related to economics, such as those performed by financial analysts, market research analysts, and marketing specialists therefore do not qualify for TN status.
This new policy demonstrates USCIS’ commitment to carrying out the directives of the Present’s Buy American and Hire American Executive Order (BAHA).
BORDER ARRESTS HAVE DECREASED WHILE DEPORTATION ARRESTS HAVE SOARED
According to newly released data by the U.S. Customs and Border Protection (CBP), Border Patrol arrests have decreased to approximately 311,000 in the fiscal year that ended on September 30, 2017. This is a 25% decline from last fiscal year and the lowest level it has been since 1971. However arrests by Immigration and Customs Enforcement (ICE), whose officers pick up people for deportation away from the border, made 140,000 arrests in fiscal year 2017. This is a 40% surge from last fiscal year and the highest number of arrests over the past three fiscal years. Much of this increase is credited to an increasing trend of ICE targeting undocumented immigrants who do not have a criminal background, a group that the prior administration did not prioritize. Arrests of immigrants without a criminal conviction amounted to nearly 11,000 more arrests during fiscal year 2017, a 12% increase from last fiscal year.
FOREIGN STUDENTS HAVE BEGUN TO SHUN THE UNITED STATES
According to a recent report, new international enrollment in U.S. colleges is down for the first time in more than a decade. The Institute of International Education’s annual Open Doors report found that new international student enrollment dropped by 3.3% for the 2016-2017 academic year, and by 6.9% in the Fall 2017 semester. This is the first concrete evidence that the Trump administration’s rhetoric may be frightening away some of the world’s best and brightest who traditionally have been drawn to settle and work in the United States. Canada, on the other hand, is welcoming foreign students and providing them with an accelerated pathway towards obtaining lawful immigration status.
DHS WILL CONSIDER DELAYED DACA REQUESTS
Nearly 100 DACA renewal applications were rejected by the United States Citizenship and Immigration Services (USCIS) because they did not meet the October 5, 2017, renewal deadline, a condition imposed by President Trump upon terminating DACA. Nevertheless, these applications were timely filed but delayed due to Postal Service delays. While USCIS initially held that nothing could be done, the Department of Homeland Security (DHS) has recently reversed its position and will now allow these applications to be resubmitted if applicants are able to prove that they timely mailed the renewals and missed the October 5, 2017, deadline because of postal delays.
U.S. IMMIGRATION ENFORCEMENT AGENCY SEEKS TO DOUBLE IN SIZE BY 2023
U.S. Immigration and Customs Enforcement (ICE) is considering a hiring surge that would more than double the agency’s size in the coming 6 years to nearly 46,000 employees. The agency currently employs approximately 20,000 people and despite its well-documented struggle with finding and keeping new hires, it expects to hire as many as 25,700 staff members by 2023.
U.S. RESUMES VISA PROCESSING IN TURKEY ON A “LIMITED BASIS”
The U.S. State Department has allowed “limited visa services” to restart in Turkey. U.S. Consulates in Turkey have confirmed that processing for nonimmigrant visas have restarted.
TRUMP ADMINISTRATION ENDS TEMPORARY PROTECTION FOR HAITIANS AND NICARAGUANS, BUT EXTENDS IT FOR HONDURANS
According to a recent statement by Homeland Security Officials, the Trump administration is ending the humanitarian program known as Temporary Protected Status (TPS) for Haitian and Nicaraguan nationals. This program has allowed approximately 2,500 Nicaraguan nationals and 59,000 Haitian nationals to live and work in the United States since an earthquake ravaged Haiti in 2010 and since Hurricane Mitch killed 10,000 people across Central America in 1998. Nevertheless, TPS has been extended through July 5, 2018, for Hondurans.
JUDGE BLOCKS TRUMP’S SANCTUARY CITY ORDER
U.S. District Court Judge William Orrick has recently issued a permanent injunction blocking Trump’s executive order seeking to strip “sanctuary cities” of federal funding. The ruling nullifies Trump’s January executive order on the matter, and bars the administration from setting new conditions on spending approved by Congress.
U.S. TIGHTENS TRAVEL RULES TO CUBA
Americans seeking to visit Cuba must once again navigate through a complicated maze of travel, commerce and financial restrictions. Dozens of Cuban hotels, shops, tour companies and other businesses within a lengthy list of entities thought to be linked to Cuba’s military, intelligence or security services are now off-limits to U.S. citizens. Most Americans will also no longer be allowed to travel to Cuba on their own and instead will be required to travel as part of a heavily regulated, organized tour groups run by U.S. companies. These stricter rules mark a return to the tougher U.S. stance toward Cuba to isolate the island’s communist government, which were seen before former President Obama and Cuban President Raul Castro restored diplomatic relations in 2015.
RECENT DEVELOPMENTS AT NAWLAW
H-1B LEVEL 1 REQUESTS FOR FURTHER EVIDENCE FROM USCIS: Nawlaw is very pleased to report that we have received many H-1B approvals from USCIS in connection with Level 1 salary issues and job duties. We have established an H-1B swat team to successfully combat this widespread attack by USCIS on the established H-1B adjudicatory framework.
TN VISA ISSUES: TN Hotel Manager from Mexico returning to the US through JFK was not admitted for the full term of her TN visa. That is because CBP officers at JFK are not very familiar with the TN visa.
VISITOR EXTENSIONS: A client from Brazil recently indicated that his prior attorney in Florida applied for a B-2 visitor extension using the following reason: “I came to the country for a walk and I would like to go for a few more days to stroll, because I have this availability. I am presenting my bank statement because I have fixed income in my country of origin and I will return after my tour ends.” Given the current state of USCIS adjudications, it is likely that this application will be denied or the Service may issue a Request for Further Evidence.
FAM UPDATE: The Foreign Affairs Manual section in regard to E visas now states: On April 18, 2017, the President signed the Executive Order on Buy American Hire American (E.O. 13788), intended to “create higher wages and employment rates for workers in the United States, and to protect their economic interests.” The goal of E.O. 13788 is to protect the interests of United States workers in the administration of our immigration system, including through the prevention of fraud or abuse.
O-1 VISAS: In accordance with October 23, 2017, Policy Memorandum titled Rescission of Guidance Regarding Deference to Prior Determinations of Eligibility in the Adjudication of Petitions for Extension of Nonimmigrant Status, USCIS is no longer giving deference to prior visa approvals in connection with renewal applications in all categories including H & O visas. Therefore, the ability to seek a 1 year extension is no longer virtually automatic. Unfortunately, almost everything is now subject to a USCIS challenge!
NEW E VISA PROCEDURES AT THE US CONSULATE IN CANADA:
On December 5th, Mission Canada began implementing a new appointment scheduling system for E-visas. This is strictly a processing change that will allow us to receive and review E-visa applications before the applicant schedules an in-person interview (as opposed to the old system, which permitted applicants to schedule an appointment before submitting an application or supporting documentation). We anticipate that the new system will speed up processing time and help us provide better customer service to you and your clients.
QUESTIONS AND ANSWERS
Clients often ask: “What is the value of having an attorney present at my interview?
Answer:I frequently overhear USCIS examiners/officers asking applicants who don’t have lawyers completely inappropriate, improper and illegal questions such as: “Did you marry your husband for a green card?” “How often do you have sex?” In other words, they take complete advantage of the lack of counsel and overstep their legally defined boundaries to the detriment of the applicants. USCIS officers are actually not permitted by law to ask questions of this nature but often disregard the class “Stokes” case which legally limits the scope of their queries.
Client about to take the oath for US citizenship asks: “I have recently received a minor traffic ticket and am wondering if I am required to mention this on the form that is required for my naturalization oath?”
Answer:Yes, although a traffic ticket is not per se considered a crime you are technically required to disclose this at the time of the oath – suggest that you pay the fine in advance and bring proof or evidence that you have done so.
Client from France currently in valid J-1 status whose application for PERM labor certification/green card is pending with the Department of Labor asks: “Is the current administration policy towards immigration affecting either the US Department of Labor or USCIS?”
Answer:We have not seen any change with respect to USDOL processing of labor certification applications. However, USCIS has recently instituted a policy to interview all employment based adjustment of status green card applicants.
Philippine national who came to the US sponsored as a nurse to work for a health care facility resigned after several months’ time and not being paid the promised wage and working conditions asks: “Can my green card be revoked?”
Answer:Insofar as the petitioning employer did not pay the proffered wage set forth in his green card petition and the hours and working conditions were not as promised, there really is no threat to the preservation of his green card since he did work for the sponsor for quite some time before resigning. He fully intended to fulfill his obligations but was thwarted in his ability to do so through no fault of his own.
Foreign national from Brazil applying for a green card based on marriage to a U.S. citizen asks: “I was under the impression that our lawyer couldn’t be present while we were being interviewed?”
Answer:As immigration counsel we are very much present in the game – our goal is to protect the petitioner and foreign national beneficiary from over zealous USCIS officers who will often ask inappropriate questions if counsel is not present.
Italian national currently in B-2 visitor status asks: “I am writing to you regarding my intention to apply for a green card through marriage. My girlfriend filed the divorce with her ex husband almost three months ago so she should receive a sort of confirmation anytime soon. I would love to know if there is any way we could start my application before the wedding in order to have everything set up for it when its time comes. My tourist-extension visa ends the 15th of December and I’d like to avoid any waste of time from my side?”
Answer:According to federal regulations, you can’t apply for US immigration benefits until she is legally divorced and you are married to her.
Parents of a U.S. citizen whose Israeli spouse is applying for adjustment of status ask: Do we need to be a co-sponsor and, if so, how can we limit our exposure in terms of providing financial documentation?
Answer:If the U.S. petitioner’s income is $21,000 or more a co-sponsor is not required. USCIS is not concerned with the beneficiary’s income – only that of the U.S. petitioner. If the parents wish to limit disclosure they can provide, in lieu of a complete federal tax return, a tax transcript issued by IRS. And, they can give explicit instructions to the attorney representing the U.S. petitioner and foreign national beneficiary that their financial data is to be considered confidential and not to be disclosed under any circumstances. Immigration law is one of the few areas of law where there is a recognized dual representation.
U.S. citizen engaged to citizen of China, recently divorced, asks: “My fiancé is coming to the U.S. for a short visit and we were wondering if we can get married several days after her arrival?”
Answer:According to new State Department policy as enunciated by Sec. of State Tillerson, USCIS is not receptive to foreign nationals getting married or seeking a change of status immediately after their arrival in the United States. The Service looks to the intent and the time of entry or arrival in the United States.
E-3 visa holder from Australia currently working for a U.S. company asks: “Am I permitted by federal regulations to start a business in the U.S. while on my current visa?
Answer:Yes, federal regulations permit E-3, H-1B, L-1 visa holders as well as visitors to start a business or company in the U.S. However, you are not permitted to actually work for the company in terms of drawing regular salary, etc.
E-2 visa holder who is now residing in Vancouver asks: “My E visa comes up next year and though I have moved back to Vancouver do you think I should keep it up? I do some work in the US but nothing like I use to.”
Answer:I would only recommend renewing the E-2 visa if you are truly active in the US because renewal will require a federal tax return showing both growth, profits, and having employees on payroll.
Green card applicant from Chile asks: “Why is it advantageous to have an attorney present at the adjustment of status interview? ”
Answer:Having an attorney present provides both a form of insurance and guidance in that USCIS officers will often ask inappropriate questions that are not legally permitted. As attorneys we act as watchdogs to insure that the process goes properly according to law and that all required documents are submitted, etc.
EB-2 green card applicant from India asks: “What would be the effect if my wife and I were to get divorced prior to the actual card being granted?
Answer:Federal regulations provide that your wife is entitled to lawful permanent residence/green card status so long as the marriage remains legally intact – even if you are physically separated at the time the green card is approved by USCIS.
Green card holder from the Philippines sponsored by a U.S. healthcare facility as a registered nurse signed a contract in the Philippines without counsel whereby she would be required to pay a steep penalty if she left the employer within 2 years of obtaining the green card asks: “Is this enforceable in the U.S?”
Answer:Most of these contracts are not enforceable in the U.S. since you did not have counsel at the time you signed the agreement abroad.
Green card holder from Italy who is compelled to spend a great deal of time outside the US in connection with seeking medical treatment asks: Will this present a problem when I seek to return to the U.S. at Miami after an absence of close to 5 months?
Answer:The fact that you spent less than 6 months outside the US coupled with the serious medical issues should insulate you from any problems should you be questioned by CBP. It is advisable that you present a letter issued by the medical authorities in Italy describing the continuing nature of your treatment.
Spanish national currently in F-1 OPT status with a minor criminal issue asks: “Is it okay for me to travel home for the holidays and return without incident?”
Answer:If the criminal issue is truly of a minor nature (i.e. violation or non-drug offense) you should be able to travel abroad and return without incident. However, you may be questioned by CBP upon return if the criminal case does show up in their database which will likely happen. That is, every arrest is registered in the CBP database – even if the criminal offense is later reduced to a minor violation, ACD or even dismissed in its entirety.
Adjustment of status (green card) applicant from Israel, now on an expired B-2 visitor visa, asks: “Is there any risk by me leaving to Hawaii by 1/17/2018 as far as immigration new restrictions?”
Answer:So far, our clients have not reported any issue or problem in terms of travelling to Hawaii. However, others have encountered problems travelling to the U.S. Virgin Islands and Puerto Rico where they have been inspected by CBP and questioned as to their status – such as students on expired F-1 visas.
An established U.S.-based media company involved in news and entertainment with Italy asks: “Is it feasible to sponsor an Italian national on an I (journalist) visa.”
Answer:In accordance with federal regulations, the I visa must be procured by a media company in Italy with compensation coming from abroad and press credentials issued to the applicant.
Israeli national who is also a citizen of the UK asks: “Am I eligible to apply for an E-2 visa based on my UK nationality even though I don’t reside there?”
Answer:Yes, the fact that you possess the nationality of a qualifying E-2 visa country will suffice to apply for the actual visa.
Italian national who has applied for an L-1A visa which has now received an extensive Request for Further Evidence (RFE) from USCIS and who holds valid ESTA registration asks: “Am I permitted to travel to the US in the interim using my ESTA?” Ans. Yes, federal regulations do not prohibit travel during this time.”
Answer:Yes, federal regulations do not prohibit travel during this time.
Beneficiary of an approved O-1B visa petition in London (approved in early 2017) is now interested in obtaining the actual visa after many months have elapsed asks: “Will this present a problem?”
Answer:Very likely because of the extensive delay the US Consular office will want to know why the final application was not made sooner. Also, the U.S. Consulate in London has recently become very strict and arbitrary.
Question: “If someone is here on an expired visa from Ukraine (she is getting married soon and will then apply for GC), can she travel within USA? What ID documents can someone in that situation travel with inside the USA and are there any risks due to expired visa?”
Answer:Although domestic travel is generally not problematic, there have certainly been instances where ICE has checked travelers in airports, train stations, bus stations, etc. to determine their legal status. Once married to a U.S. citizen, however, the risks are certainly diminished but the foreign national should have valid ID such as a passport or NYC ID card as well as a copy of the marriage certificate as evidence of the marriage.
Question: “My mother had received a 10 yr ban which is up in February 2018. My brother is going to sponsor her but it may take sometime before all the paper work goes through. Can she apply for a tourist visa so she can come out in the summer or should she not travel while the sponsorship papers are being filed”
Answer:In light of the 10 year bar, it is very unlikely that your mother will be able to convince the US Consulate in Dublin that she is a bona fide visitor although she can certainly apply-especially if she will be seeking a green card through your brother.
SAMPLING OF RECENT APPROVALS
E-2 derivative visa approval for a French national after two B-2 denials in Paris, France.
EB-1 Green card approved for Special Educator and his wife from the Philippines after I-140 petition and AOS applications were denied by USCIS.
EB-1 Green card approved for Technical Operations Director of a media and entertainment services company.
EB-1 Green card approved for a Philosopher from Italy after a very challenging Request for Further Evidence.
PERM/Labor Certificate approved in under 4 months’ time!
PERM certified after audit for Irish national for a Marketing Manager position for a construction company.
PERM certified after audit for Irish national for a General Superintendent position for a construction company.
PERM certified after audit for French national for a Head French Teacher position for an English-French school.
I-140 approval after an RFE for an Irish national working as a Project Manager for a construction company.
DACA approval with a validity date from November 2017, until October 2019.
Reasonable Fear Determination for Honduran national in the U.S. since 2012 and two prior orders of deportation; He will now have an opportunity to pursue an application for Withholding of Removal
B-2 extension approval following Motion after denial for Indian nationals.
H-1B cap approval for Sourcing Director from India.
H-1B extension approval for IT Consultant from India.
H-1B extension approval for Project Manager from Ireland working for a construction company.
H-1B cap approval for Business Manager from Ireland.
H-1B extension approval for Associate Research from Romania.
H-1B extension approval for a National Travel Director from Spain working for an international hotel chain.
H-1B extension approval for a National Cost Estimator from Ireland working for a construction company.
H-1B extension approval for Staff Accountant from China.
H-1B extension approval for Registered Nurse from Japan.
H-1B extension approval for a National Financial Analyst from Belgium working for an investment bank.
H-1B extension approval for Research Associate from China.
H-1B extension approval for Market Research Analyst from China.
H-1B cap case approval after a Level 1 wage and specialty occupation RFE for a National Inventory Accountant from India working for a jewelry supplier.
H-1B cap case approval after an extensive USCIS RFE on licensing requirement for National Accountant from Spain working for an accounting firm.
H-1B cap case approval after an extensive USCIS RFE for a Financial Analyst from Singapore working for an investment bank.
H-1B extension approval after an extensive USCIS RFE for a National Purchasing Manager from India working for an import/ export distributor.
H-1B Level 1 approval after an extensive USCIS RFE for an IT professional from India working for a cable contractor.
H-1B Level 1 approval after an extensive USCIS RFE for an Account Executive from India working for an investment firm.
H-1B Level 1 approval after an extensive USCIS RFE for a Public Relations Specialist from China working for a software developer.
H-1B Level 1 approval after an extensive USCIS RFE for a National Field Engineer from India working for an electrical contractor.
H-1B Level 1 approval after an extensive USCIS RFE for an Accountant from India working for a wholesale jewelry business.
H-1B Level 1 approval after an extensive USCIS RFE for a Financial Analyst from India working for a wholesale jewelry business.
The H-1B nonimmigrant visa category has recently been the subject of a vicious attack by USCIS in seeming response to its “Buy American, Hire American” (BAHA) policy. There has been a 45% increase in their issuance of Requests for Evidence (RFE) in connection with H-1B petitions issued by USCIS since 2016. In fact, it has been reported that the Service has issued more than 85,000 H-1B RFEs since last count in August. This is considered to be the highest number of issuance of H-1B RFEs since 2009.
Nawlaw has achieved an extraordinary level of demonstrated success in responding to this wave of H-1B RFEs. We have successfully obtained approvals for our clients throughout the US even after extensive RFEs on Level 1 wage issues, specialty occupation queries, a combination of both, as well as scrutiny regarding the foreign applicant’s qualifications.
WHY YOU SHOULD HAVE AN ATTORNEY ASSIST YOU IN THE IMMIGRATION PROCESS
Just to let you know that our value as attorneys is to insure that your application is both properly filed and processed by USCIS in a timely manner to avoid any delay. Lately, USCIS has been experiencing extensive delays. And, we both prepare and accompany our clients to the interview and perform any follow-up that may be necessary. Essentially, we act as the guardian angels to protect our clients to insure that they obtain the desired benefit from USCIS.
“I have to thank you all for all the guidance and support thru his entire immigration process right from F1 to EB5 to B1/B2 to H1-B to L1-B. Neil—it was you who had advised my son to write and publish a paper on the technical work that he does. He had taken that advice to heart and set out in publish an internal model for the company to use whilst advising its clients. It was this document that became the nucleus to this L1-B Application going thru successfully.”
(Nawlaw guidance for an L-1B petition for a large company)
“Nawlaw is the most exceptional law firm in New York!! Neil Weinrib (who is one of the nicest people I have had the pleasure of working with!) and his team are knowledgeable, pleasant…..and most importantly…..THEY GET THE JOB DONE without any hassle! I had reached out to more than 15 immigration lawyers in NYC before meeting with Neil and his team. Out of all the lawyers I had met or spoken with, Neil was the only one to provide me with solutions to my existing problem. He took the time to address all my concerns and assured me that he and his team could get me the desired results I was looking for. Neil only takes on the things he feels he can successfully execute! Nawlaw walked me through the process and worked diligently to ensure they covered all aspects of my case. Thanks to Neil and his team, I was able to achieve something that other lawyers thought to be impossible!”
“I will be using Nawlaw again in the near future and highly recommend Nawlaw to all my friends and family! They are very pleasant to work with and they get you results!!!”
(TN Management Consultant from Canada)
“I received a letter from USCIS notifying me that my removal of conditions on green card was approved. I want to thank you and your team very much for all of your help!! ”
(Green card approved for Chinese national)
“Brilliant! That’s fantastic – at long last!! Thank you SO much again for all your work on the case and Neil for coming to the interview etc. We appreciate it so much.”
(Green card approved for Irish national)
“Neil is the best Immigration lawyer in NYC!”
(E-2 visa beneficiary from Canada)
“Neil’s team handled my visa and are amazing at what they do.”
(O-1B Writer from India)
“Dear Mr. Neil: After 14 years I get a chance to visit India because of your sincere efforts. I have no words to express my thanks. Other than you and your team is great and I wish Neil’s Law firm soon be the number one in United States.”
(Client from India)
“Thank you all for a great job.”
(H-1B approved for an accountant after a USCIS Request for Further Evidence)
“You know how much I trust you and your services! There is nobody more capable that you!! ”
(Green card holder from Brazil)