Category Archives: Temporary work visa

Issues to Watch For In 2024

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Welcome to the year 2024! As we embark on this new year, it is essential to stay informed and understand what to expect from the U.S. Congress in the year of 2004. The political landscape is constantly changing, it is crucial to have a clear understanding of the potential policies and legislation that may impact immigrant communities.
In 2024, immigrants can expect the United States Congress to continue debating and introducing legislation related to immigration reform. The issue of immigration has long been a contentious and polarizing topic in American politics, and it is likely that United States Congress will continue to address this issue in the coming years.

Here are some issues you should watch for in 2024.

1. H-1B – The Department of Homeland Security has recently proposed amendments to its regulations concerning H-1B specialty occupation workers. See H-1B proposed amendments here. The goal of the proposed amendments is to modernize and improve the integrity measures related to the H-1B visa program. This program allows foreign workers with specialized knowledge and skill to work in the United States, and it is vital for the American economy.
2. USCIS Fee Increases – The USCIS is expected to increase its fees for various immigration services, with some fees more than doubling in cost. For example, the fee for an application for naturalization, the process of becoming a U.S. citizen, is expected to increase from the current $725. to a proposed $1,170. Similarly, an application for a green card is expected to rise from $1,225. to $2,195. These substantial fee hikes are expected to have a significant impact on immigrants and their families, especially those who may already be struggling financially. Expecting USCIS to publish its final rule in April 2024.
3. DACA (Deferred Action for Childhood Arrivals)- On September 13, 2023, the U.S. District Court for Southern District of Texas issued a decision finding the Deferred Action for Childhood Arrivals (DACA) unlawful and expanding the original July 16, 2021, Injunction and Order for vacatur to cover the Final Rule. See Decision here. However, the court maintained a partial stay of the Order for “All DACA recipients who received their initial DACA status prior to July 16, 2021. As of now, DACA recipients’ future is uncertain.

It is possible that the United States Congress may consider comprehensive immigration reform that addresses various aspects of the immigration system, including pathways to citizenship for undocumented immigrants, reforms to the legal immigration system, and border security measures. Additionally, there may be discussion about the future of Temporary Protected Status (TPS) for immigrants from certain countries facing instability or natural disasters.

It is important for immigrants to stay engaged with the political progress of these issues. This can be done through contacting elected representatives, participating in advocacy organizations, and staying informed about policies and legislation that may impact immigrant communities.

Ultimately, the expectations for the United States Congress in 2024 will depend on the outcome of the upcoming election and the priorities of the elected officials. It is important for immigrants to stay informed and engaged in the political process in order to have a voice in shaping policies that impact their lives. By staying informed and actively participating in the democratic process, immigrants can help ensure that their needs and interests are represented in the decisions made by the U.S. Congress.

Welcome to the year of 2024, where the potential for progress and change is as vast as the sky. It is up to us to embrace the opportunities that lie ahead and to work towards creating a better, more sustainable, and inclusive future for generations to come.

IMMIGRATION COURTS AND USCIS CASES BACKLOG

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The backlog in the Immigration Courts and in the United States Citizenship Services (USCIS) is a growing concern for many immigrants and their families. The backlog has created long wait times for individuals seeking resolution to their immigration cases, leading to uncertainty and anxiety about their status in the United States.

The Immigration Courts, which fall under the jurisdiction of the Department of Justice, are responsible for adjudicating immigration cases, including removal proceedings (deportation), and asylum claims. In recent years, the backlog of cases in these courts has reached unprecedented levels, with over 1.3 million cases pending as of 2021. This backlog means that individuals may have to wait years for their cases to be heard, leaving them in limbo and ensure of their future in the United States.

The USCIS, the agency responsible for processing immigration applications and petitions, has also been plagued by a significant backlog. As of 2021, the agency has over 6.3 million applications pending, including naturalization, green card applications, visa applications, and employment authorizations. This backlog has resulted in lengthy processing times, with some individuals waiting years for their applications to be adjudicated.

The backlog in both the Immigration Courts and the USCIS has far-reaching consequences for immigrants and their families. It can result in prolonged separation from loved ones, uncertainty about employment and housing, and a constant state of limbo and anxiety. Additionally, the backlog hinders the efficient and fair administration of the immigration system, leading to delays in resolution of cases and preventing individuals from moving forward with their lives in the United States.

There are various factors that have contributed to the backlog in the Immigration Courts and USCIS. The complexity of immigration laws and regulations, increased enforcement actions, and lack of resources and staffing have all played a role in creating this backlog. Additionally, the COVID-19 pandemic has further exacerbated the situation, leading to court closures and processing delays.

Efforts are being made to address the backlog in both Immigration Courts and USCIS. The Biden administration has proposed more judges and staff, improved technology and infrastructure, and streamline processes. Additionally, there have been calls for legislative reforms to the immigration system to address the root causes for the backlog and ensure a more efficient and fain adjudication of cases.

In conclusion, the backlog in the Immigration Courts and USCIS is a pressing issue that has significant implications for immigrants and their families. It is essential for efforts to be made to address this backlog, to ensure timely and fair resolution for immigration cases, and to provide individuals with the certainty and stability the need to build their lives in the United States.

DHS ANNOUNCEMENTS

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On Nov. 08, 2023, The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. See here https://www.uscis.gov/newsroom/alerts/dhs-announces-countries-eligible-for-h-2a-and-h-2b-visa-programs-1.

On Nov. 16, 2023, the Department of Homeland Security (DHS), through the U.S. Citizenship and Immigration Services (USCIS), and the Department of Labor (DOL) published a temporary final rule making available an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2024, on top of the statutory cap of 66,000 H-2B visas that are available each fiscal year. American businesses in industries such as hospitality and tourism, landscaping, seafood processing, and more turn to seasonal and other temporary workers in the H-2B program to help them meet demand from consumers. See https://www.uscis.gov/newsroom/news-releases/uscis-announces-availability-of-additional-h-2b-visas-for-fiscal-year-2024.

What do these announcements mean? They mean more opportunities for foreign workers to come to the United States for temporary agricultural and non-agricultural employment. If you are interested in participating in these programs, be sure to check the list of eligible countries and start the application process. This is a great opportunity for both employers and foreign workers to fill important roles and support various industries in the United States.

ADJUST STATUS IN THE UNITED STATES

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By: Norka M. Schell, Esq.
Nov. 08, 2023

Once upon a time, in the land of endless possibilities, there was a young woman named Maria who dreamed of creating a new life for herself in the United States. She had heard stories of the American Dream, and opportunities. With determination in her heart, Maria set out on a journey that would change her life forever.

Maria arrived in the United States with a student visa, eager to pursue higher education. She studied diligently, excelling in her classes, and dreaming of the day when she could call America her home. However, as time went on, she faced a dilemma – her student visa was about to expire, and she could feel her dreams slipping away.

But Maria refused to give up. She started researching different ways to adjust her status and discovered the path of employment sponsorship. With renewed hope, she tirelessly searched for a job opportunity that would persuade an employer to sponsor her and help her stay in the country.

Days turned into weeks, and weeks into months, but Maria’s optimism never wavered. She revamped her resume, and reached out to various companies, and networked with professionals in her field. Her efforts soon paid off when she received an invitation for an interview with a prestigious company.

Dressed in her best suit and with a big smile on her face, Maria walked into the interview room, ready to leave a lasting impression. She confidently showcased her skills, shared her passion for the chosen field, and heightened her determination to contribute to the growth of the organization. The interviewers were captivated by Maria’s enthusiasm and drive, and within a few days, she received the coveted job offered.

With this job offer in hand, Maria began the processing of adjusting her status from nonimmigrant to immigrant. Though there were paperwork and legalities to navigate, Maria remained steadfast and optimistic. She sought the guidance of the immigration attorney Norka M. Schell who helped her to understand and navigate the intricacies of the adjustment of status process from non-immigrant to immigrant. With each completed form, and every document submitted, Maria felt closer to achieving her dreams.

Months rolled by, and Maria’s excitement turned to anticipation as she received news that her application for adjustment of status had been approved. She did a happy dance, joyous tears streaming down her face. Finally, her dream of calling America her home was becoming reality.

Maria’s story is just one example of countless individuals who immigration attorney Norka M. Schell helped to navigate the complex path of adjusting their status in the United States. It requires determination, resilience, and optimism in the face of uncertainty. But for those who dare to dream and believe, the American Dream can become a tangible reality.
The story of Maria reminds us that with the right mindset, any obstacle can be conquered, and dreams can be transformed into beautiful realities.

Biden Administration and Immigration in 2022

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CNN — How many times has the Biden White House had an unresolved conflict between idealism and pragmatism on the issue of immigration? How many times has it hesitated to take action, opting instead for political messaging? The sad answer to both questions is: every time.

Most of the officials appointed by President Joe Biden to work on immigration have resigned in frustration, according to a bombshell report from The New York Times in April. “The White House has been divided by furious debates over how – and whether – to proceed in the face of a surge of migrants crossing the southwest border,” the report said.

Some wanted more openness to immigrants of all kinds. Others wanted a coherent set of rules to be applied to the millions of people at the border. And some others wanted a compromise with Republicans to create a new merit-based, green-card system. They all got nothing.

A new report from the Department of Homeland Security for August confirmed over 2 million border apprehensions and expulsions this year so far. Previously, the United States only experienced more than 1 1/2 million apprehensions a few times in its history: during the late 1990s and then in 2021. At the current pace, that record could be doubled by the end of this year. And next year, if no policies change, it could double again…

Open border chaos increases human trafficking and drug trafficking. It turns what should be a foreign policy strength into a national security weakness.

When we ponder what Biden should do to address the immigration mess at the border, the honest answer is: something, anything. Because the status quo of playing politics while seemingly ignoring policy is not only politically divisive, but it’s also missing a golden opportunity.

Biden should take advantage of his moment in history to boldly reform American refugee policy. He could, at the stroke of a pen, redefine how many refugees are allowed into the United States by taking advantage of the distinction our laws make between those granted temporary protection and those awarded permanent residency.

Editor’s Note: Tim Kane is the president of the American Lyceum and a visiting fellow at the Hoover Institution. His most recent book is “The Immigrant Superpower.” The views expressed in this commentary are his own. View more opinion on CNN.https://www.cnn.com/2022/10/05/opinions/immigration-policy-biden-administration-kane/index.html

The Current State Of The DACA Program

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On Oct. 5, the U.S. Court of Appeals for the Fifth Circuit issued a decision on the 2012 Deferred Action for Child Arrivals (DACA) policy. The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022.

At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Consistent with the court’s order [PDF] (PDF) and the ongoing partial stay, we will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests.

The Department of Homeland Security (DHS) today announced the Deferred Action for Childhood Arrivals (DACA) final rule, which has been posted for public inspection on the Federal Register’s website. The final rule generally codifies existing policies with limited amendments to preserve and fortify DACA. The final rule is effective Oct. 31, 2022.

Automatic Employment Authorization Document (EAD) Extension

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Certain renewal applicants who have filed Form I-765, Application for Employment Authorization, qualify for an automatic extension of their expiring employment authorization and/or EADs while their application is pending. You qualify for this extension if you:

  • Properly filed Form I-765 for a renewal of your employment authorization and/or EAD before your current EAD expired, and
  • Are otherwise eligible for a renewal, which means that:
    • Your renewal application is under a category that is eligible for an automatic extension (see the list of categories below); and
    • The Category on your current EAD matches the “Class Requested” listed on your Form I-797C Notice of Action, Receipt Notice. (Note: If you are a Temporary Protected Status (TPS) beneficiary or pending applicant, your EAD and this Notice must contain either the A12 or C19 category, but the categories do not need to match each other. In addition, for H-4, E, and L-2 dependent spouses, an unexpired Form I-94 indicating H-4, E, or L-2 nonimmigrant status (including E-1S, E-2S, E-3S, and L-2S class of admission codes) must accompany Form I-797C when presenting proof of employment authorization to an employer for Form I-9, Employment Eligibility Verification, purposes).

Automatic Extension Time Period—Temporary Increase to up to 540 Days

Normally, DHS regulations provide for an automatic extension period of up to 180 days from the expiration date stated on the EAD. However, DHS has published a temporary final rule increasing the extension period. Effective May 4, 2022, DHS is temporarily increasing the extension period and providing up to 360 days of the additional automatic extension time, for a total of up to 540 days, to eligible renewal applicants. The automatic extension time is counted from the expiration date of the employment authorization and/or EAD. This temporary increase is available to eligible renewal applicants with pending applications if you filed your Form I-765 renewal application either:

  • Before May 4, 2022, and your 180-day automatic extension has since expired;
  • Before May 4, 2022, and your 180-day automatic extension has not yet expired; or
  • Between May 4, 2022, and Oct. 26, 2023, inclusive of these dates.

If you file your Form I-765 renewal application after Oct. 26, 2023, the normal 180-day automatic extension period will apply.

Proof of an Automatic Extension

The automatic extension period, including the temporary increase to the extension period, is provided to certain renewal applicants to help prevent gaps in employment authorization and documentation.

If you file a Form I-765 renewal application on or after May 4, 2022, USCIS will send you a Form I-797C Notice of Action receipt notice that has information regarding the up to 540-day automatic extension. If you are eligible for the automatic extension, this receipt notice, together with your expired EAD (and your unexpired Form I-94, if you are an H-4, E, or L-2 dependent spouse, including E-1S, E-2S, E-3S, and L-2S class of admission codes) will serve as acceptable proof of employment authorization and/or EAD validity during the up to 540-day automatic extension period.

If you filed a Form I-765 renewal application before May 4, 2022, you should have received a Form I-797C Notice of Action receipt notice that describes the automatic extension period of up to 180 days. You will not receive a new I-797C receipt notice reflecting the increased employment authorization and/or EAD automatic extension period. However, Form I-797C receipt notices that refer to an up to 180-day automatic extension will still meet the regulatory requirements for completing Form I-9, including if your 180-day automatic extension expired prior to May 4, 2022.

For information about automatic extension of Employment Authorization, contact our office at (212)258-0713.

Foreign Nurse Visas

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  • U.S. hospitals seek foreign nurses amid visa windfall. Since the pandemic, American hospitals have been facing a shortage of nurses, leading many hospitals looking abroad for healthcare workers. The U.S. has an unusually high number of green cards available this year for foreign professionals, including nurses. The burnout from working during the pandemic has led many U.S. nurses to retire or leave their jobs. The high number of covid-19 cases has also placed tremendous pressure on the healthcare system. USCIS said it would quicken the renewal of work permits for health care workers, which could help keep some foreign citizens in the U.S. on the job. Last year, the State Department told consulates to prioritize applications for workers at facilities that respond to the pandemic.

    As a Foreign Nurse, Can I Work in the U.S. Temporarily?

    If you are a foreign nurse and want to work in the U.S. on a temporary basis (without receiving a U.S. green card), you might be able to obtain an H-1B visa. An H-1B is a popular temporary work visa for foreign nationals who have a job offer from a U.S. employer to work in a “specialty occupation.”

    Can I Obtain a U.S. Green Card as a Foreign Nurse?

    Your U.S. employer might also be willing to sponsor you for a green card. The employer must first offer you a full-time, permanent nurse position. Second, your employer must complete a process known as “labor certification” on your behalf (more commonly referred to as PERM). Now, you might have heard a lot about the PERM/labor certification process, with all its advertising requirements, but this process is completely different (and easier) for nurse positions.

    A nurse position is classified as a “Schedule A” position. Schedule A positions are ones that the U.S. government has recognized the U.S. needs more workers to fill. Therefore, employers are not required to post advertisements for Schedule A positions (a usual PERM requirement), because the U.S. government already knows there is a shortage of workers in these positions.

    For additional information on how to obtain a Foreign Nurse Visa, call Law Offices of Norka M. Schell, LLC at (212)258-0713.

H-1B, L-1A and L-1B TEMPORARY WORK VISAS

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U.S. Businesses rely on their ability to employ foreign nationals to compete efficiently in today’s global market. Particularly critical in this regard are the H-1B program, which permits U. S. employers to retain the temporary services of foreign professionals, and L-1 transfer managers, executives, and other employees with “Specialized Knowledge” from a foreign office to a branch office, subsidiary, or affiliate in the United States. Both of these programs permit U.S. employers to hire high-skilled foreign employees for discrete periods and, necessary, to extend their terms of employment.

Foreign nationals may remain in the United States in H-1B status for up to six years, and in L-1A and L-1B status for up to seven and five years, respectively.

Note that, federal regulations mandate that no H-1B, L-1A or L-1B petition can be approved for longer than three years. So, many U.S. employers file extension requests to enable these employees to fulfill their responsibilities.

For additional information on H-1B, L-1A, and L-1B temporary work visas, contact the Law Offices of Norka M. Schell, LLC at (212) 258-0713 to speak with our attorney.