Recently in Employment-based visas Category

April 16, 2013

Tell me! Tell me! Tell me!

dogs-hearing-by-Muffet.jpgYes, yes, yes. Some information about the proposed Comprehensive Immigration Reform was released today.

As an immigration lawyer with over 30 years of experience, my phones here in Los Angeles and in the Palm Springs office have been ringing off the hook. I already have over 100 emails from France and the UK. The message is always the same, "J Craig Fong, is there anything for me in the new immigration law?" Everyone wants to know the recently-released details for the proposed Comprehensive Immigration Reform (CIR). Enough! Assez! ¡Basta!

FIRST: I am studying and thinking about the proposal now.

SECOND: There are NOT many details in the limited release of information. It is more of a set of goals and principles.

THIRD: The actual legislative language is NOT yet available, so I can't give you answers to specific issues.

FOURTH: I will send up a blog when I have a better idea of each set of provisions, but not right now, because I do not want to mislead anyone if I incorrectly analyse something which is so new and vague.

MOST IMPORTANT for you and for your friends: DO NOT RUSH OFF TO "REGISTER" WITH A NOTARIO!! Keep your money safe. At this time, there is NOTHING to register for. There is NO new program. There are NO immigration benefits available, because this is just a proposal. No one even knows whether this will pass through the Congress. Be patient. Let the details become clearer. Wait for President Obama to sign it into law. For now, just wait.

More later. --jcf

January 30, 2013

Major Overhaul to Immigration Law May be Coming

Nation of Imm.jpgFor over 10 years, immigrants and their families have come to the immigration Law Offices of J Craig Fong and asked me about any possible changes to the immigration law that will help them. I hear, from clients in Los Angeles, Palm Springs, Canada, the United Kingdom, France, and many other places that they need some change in the immigration law to allow them to stay in this country and pursue their dreams, work productively, be free from persecution, and most importantly, to be united with their families.

For the first time since 1990, a major change in the immigration law may be coming.

You probably already know that the US Congress has been deadlocked for over 4 years, with the members (mostly) of one political party refusing to cooperate with the White House. As a result, a Comprehensive Immigration Reform (CIR) bill has never been seriously discussed. With the results of the recent re-election of President Barack Obama, and (many) members of the Republican party realizing that it is in their best interest to help immigrants, CIR may be on its way. What will it do?

No one knows!

So why am I writing this blog?

For the next few months, you will be reading many ideas, proposals, suggestions, conditions, demands, arguments, and so on about CIR. For right now, you need to know that NOTHING has been decided. Most immigration law observers believe that we will have some real, concrete details before the end of February. Some possibilities:

* A pathway to legalization, or an earned path to residency, for those undocumented people who are already here. This possibility is likely to have a requirement for paying back taxes, paying a fine, and learning English or taking a basic English test. We do not know any more right now.

* A category of immigration for the same-sex couples, where one partner is a US citizen and the other is a foreigner. This possibility is likely to require proof that the couple has been in an exclusive, emotionally inter-dependent relationship for a minimum period of time -- likely, two years. We do not know any more right now.

* A large database of all persons eligible to work in the USA. In order for ANYone get get a job, employers may be asked to register with or check this database to verify that employees are legally eligible to work in the USA. Will they do such checking for foreigners only, or will this include US citizens? We do not know any more right now.

* A big push for even stronger border control, both at the Southern Border with México, the Northern Border with Canada, and at all airports. This might include enhanced exit control, also, to record not only who enters the USA and when, but also who exits. We do not know any more right now.

Remember: nothing has been decided right now. There is no new law right now. You do not need to register. You do not need to sign up. You do not need to file any form right now.

There are many notarios and others who are not licensed to practice law. In order to get money from you, they will try to scare you into thinking that you might do something now in order to preserve an immigration benefit. Please remember: there is NO new law right now.

Good news is coming. Be patient.

If you have questions, if you would like to consult with me, please feel free to give me a call, and I would be happy to discuss your situation or that of your family. --jcf


January 1, 2013

Law Offices of J Craig Fong

Changes Ahead2.jpgAfter practicing law together for almost one decade, Eileen Chun-Fruto and I have evolved into different forms of law practice. I will continue to practice immigration and nationality law, handle consultations, and do my blog here at my offices in Los Angeles and in Palm Springs. The firm name is now, "Law Offices of J Craig Fong." You can reach me, as before, at Tel: +1.323.769.8187 -- this is the same phone number you have used in the past. My new e-mail address is: j@jfonglaw.com . My webpage is now: http://www.jfonglaw.com .

My practice will continue to focus on families, waivers, small business investors, intra-company transferees, and investor visas. Also, as I have been for all 30 years of my law work, I remain very devoted to counseling, advocating for, and working with non-traditional families.

Eileen Chun-Fruto now practices immigration law with a law firm in downtown Los Angeles. She can be reached at echun@fongandchun.com.

Law offices change forms for many reasons. Eileen and I have parted as friends and colleagues. If for any reason you have questions about your case with the former office of Fong & Chun, llp, you are free to contact either one of us. We are now -- as we always were before -- committed to high quality immigration law work, where each case is treated individually and with respect for your family, your business, and your concerns. --jcf

June 29, 2012

Papers Needed for Deferred Action for Undocumented Young People

papers.jpgAt our offices in Los Angeles and in Palm Springs, the immigration attorneys at the Law Offices of J Craig Fong have been receiving hundreds of phone calls about the President's recently-announced initiative to provide Deferred Action to certain undocumented young people, providing them with work permits (Employment Authorization Documents - EAD).

On 15 June 2012, President Obama announced that he was directing US Citizenship and Immigration Services (USCIS) to provide EADs to undocumented young people who meet certain qualifications. A successful applicant must show that s/he:
* arrived in the USA before age 16;
* has resided in the USA since 15 June 2007;
* is currently in school, has graduated from high school, has obtained a general education development certificate, or is honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
* has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
* is not over the age of thirty.

It is not yet possible to submit an application for this Deferred Action EAD. We expect to have details and how and where to apply sometime before 15 August 2012.

Until then, what can a potential applicant do to get ready?
1. Get a certified copy of your birth certificate.
2. If you arrived in the USA with a passport, visa, or border crossing card, be sure to keep this document safe -- it will demonstrate when you arrived in the USA.
3. If you did not arrive in the USA with a passport or other travel document, then try to look for documents that show you were in the USA as of 15 June 2007. Such documents might include: school records, medical records, dental records, baptismal or other church records, and photos.
4. Get a certified copy of your complete school record.

We do NOT recommend that a potential applicant get a copy of his/her criminal record at this time.

Making an application for Deferred Action is a big step, and it can have good and bad consequences. It is critically important that you understand all the possibilities before making the application. If you would like to discuss Deferred Action for yourself, a family member, or a friend, contact the immigration attorneys at the Law Offices of J Craig Fong: +1.323.769.8187 --jcf

June 15, 2012

FLASH: Work Permits Possible for SOME Undocumented Youth

The Obama Administration today issued an Executive Order which would allow CERTAIN young undocumented young people to receive an Employment Authorization Document (EAD). Los Angeles / Palm Springs immigration attorneys The Law Offices of J Craig Fong have counseled thousands of immigrants, and we know that many undocumented youth are eligible for work permits under this newly-announced program.

The details are not yet available, but the White House has said that the qualifications are:
* Arrived in the USA before age 16;
* Resided in the USA since 15 June 2007;
* Education. Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
* Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
* Age. Are not above the age of thirty.

Each applicant must provide PROOF of all of these items.

Details of how and where to apply are not yet available. Check back to this blog. We will provide more information as soon as it is available. If you wish to discuss your immigration situation, please contact us at +1.323.769.8187. --jcf

May 7, 2012

H-1B Quota Update - What Are the Numbers Now?

2012 bingo.jpgA new H-1B quota update was released today from USCIS. The H-1B cap numbers as of May 4, 2012 are as follows:

  • Bachelor's degree cap: approximately 32,500 have been received
  • Advanced degree cap: approximately 13,700 have been received
  • Usage is steady, but there is still time to have an H-1B petition prepared and filed. Consult with the business immigration attorneys at Law Offices of J Craig Fong today. ---ecf

    April 24, 2012

    H-1B Quota Update and China and India EB-2 Category Full!

    glass half full & glass totally full.jpgH-1B quota numbers released today show that as of April 20, 2012 cap eligible petitions amounted to:

  • Bachelor's degree cap: 25,000
  • Advanced degree cap: 10,900
  • A collective sigh of relief for all those who are still job seeking and/or just beginning OPT employment as the H-1B cap seems to filling more slowly than in the first few days of the filing period. But as I speculated in a previous entry, we may see a spike in usage once new graduates in the following months become eligible to submit an H-1B petition.

    I have also blogged about the retrogression which is hitting the employment-based 2nd preference category for Chinese and Indian nationals. US Dept of State has confirmed recently that the annual limit for those country nationals has been reached. USCIS cannot then grant anymore adjustments of status applications nor can the US Embassies abroad process any additional immigrant visas for Chinese and Indian nationals in the category of EB-2. Please continue to read our blog for more information regarding the H-1B quota and visa bulletin news. ---ecf

    April 18, 2012

    H-1B Quota - New Numbers Show a Slight Slowing of Usage

    hourglass and white figure.jpgThe H-1B quota count came out again yesterday. USCIS released the following quota numbers:

  • Bachelor's degree quota: approximately 20,600 petitions received

  • Advanced degree quota: approximately 9,700 petitions received
  • This tells us that those petitioners and employees who had a job in hand by April 1, did not delay in getting their petitions submitted once the filing period started. However, this may be good news for those who are still job searching, preparing petitions, or negotiating their H-1b petitions with employers. Usage seems to be slowing, but a word of caution that the numbers can surge upwards again once new graduates firm up job offers come May and June. Best of luck to those making applications. Call the attorneys at Law Offices of J Craig Fong for your consultation on an H-1B petition. ---ecf

    April 16, 2012

    Visa Fee Changes

    USDOS issued a reminder that visa fees changed last Friday, April 13. For those of you who have paid an immigrant visa fee before April 13, the fee is likely to have decreased. But you won't get a refund for it!

    IF you have paid a visa fee prior to April 13 and the visa fee has now increased, you won't have to pay the difference as long as the visa interview takes place BEFORE June 12, 2012.

    April 13, 2012

    Retrogression for EB-2 India and China and Age Outs: May 2012 Visa Bulletin Report

    Retrogression has hit the EB-2 preference categories for India and China. USDOS released the May 2012 visa bulletin showing EB-2 priority dates of August 15, 2007 for both countries. The EB-3 priority dates have moved forward about one month, with the exception of India which forward about a week to September 8, 2002. Families with dependents who will age out at age 21 should call the attorneys at Law Offices of J Craig Fong to talk about options now. ---ecf
    Visa Bultn May 2012 EMT.png

    The family-based visa bulletin shows slow movement as well:
    Visa Bultn May 2012 FAM.png

    April 9, 2012

    FY2013 H-1B Count

    Counting Peas smaller file size.jpgLast week, I reported that the H-1B cap count was pretty high considering the quota had only been open for 3 days of filing. Today, the CIS released a more accurate count which separates the Bachelor's and Master's cap, the latter of which is nearly half used.

  • H-1B Bachelor's degree cap: 17,400 petitions have been received
  • H-1B Master's degree cap: 8,200 petitions have been received

  • There's no doubt now that the H-1B quota will close much earlier this year. If you need to submit an H-1B application this year, call the attorneys at Law Offices of J Craig Fong for a consultation. ---ecf

    April 7, 2012

    Visa Fees to Increase

    Starting April 13, 2012, visa processing fees will increase. The fees for most nonimmigrant visa applications and Border Crossing Cards will increase but we will see a decrease in all immigrant visa processing fees.

    • Petition-based visas: H, L, O, P, Q, R will increase from $150 to $190
    • Visitor, student, exchange visitor and journalist visas: B, F-1, J-1, M-1, I visas will increase from $140 to $160
    • Treaty investor and treaty trader visas: E-1, E-2 will decrease from $390 to $270
    • Border crossing cards will increase: BCCs $140 to $160
    • Fiance(e) visas: K visas to decrease from $350 to $240
    • Immediate relative and family preference applications will decrease from $330 to $230
    • Employment-based applications will increase from $720 to $405
    • For more information, visit the USDOS website or call the attorneys at Law Offices of J Craig Fong if you need help submitting your visa application. ---ecf

    April 6, 2012

    2013 H-1B Quota is Moving Fast

    The first H-1B quota count for the first three days of the filing period tell us that H-1B usage is up. It's still too early to know how long it will last, but we should all keep in mind that it does take time to prepare a thorough H-1b petition and that just rushing to file petition can backfire on you if the case is not well prepared and you are not prepared for a Request for Evidence (RFE). In 2011, many people were surprised to see an increase in RFEs and denials. Call the attorneys at Law Offices of J Craig Fong for a consultation on your H-1B. ---ecf

    April 5, 2012

    2013 H-1B Quota Numbers

    pie.png
    USCIS reported yesterday that 22,323 cap-subject petitions were received already. About one-quarter of those will be counted against the advanced degree cap. Thus far, usage is about the double the amount of last year's usage. If you are considering an H-1B petition this year, call the attorneys at Law Offices of J Craig Fong for your consultation now or contact us at here.---ecf

    April 3, 2012

    F-1 Cap Gap and H-1B Issues

    help button.jpgF-1 cap gap issues cause a lot of confusion, but here is a quick guide to help you all you need are clear answers. I posted a similar blog entry last year. The full guidance from USCIS can be found here:

  • Can an F-1 student file an H-1B petition during the so-called grace period or 60 days after their I-20 or OPT expires? Yes.

  • Do the cap gap protections extend to someone who requested consular processing on their I-129? No.

  • Does the 90 day limitation on unemployment still apply during an OPT extension granted from a cap gap application? Yes.

  • Can an F-1 student travel while on the automatic cap gap employment extension and return as an F-1 student? No.
  • While these quick tips are meant to provide a few quick answers, it's always best to have your situation analyzed by the business immigration attorneys at Law Offices of J Craig Fong. Our attorneys have the experience you need, and are often requested by llocal and national bar associations to provide training courses to other attorneys. Call today for a free consultation. ---ecf