Gunderson Immigration Law

11/10/2023

Often issued as a combination B1/B2 Visitor visa, a B-1 visa allows you to enter the United States for very limited business purposes. This may include attending a conference or shareholders meeting. It generally does NOT allow you to work in the U.S. or to manage the day to day operations of your own company. Often considered a “gray area” in U.S. immigration law, if you’re no careful, it can be easy to run afoul of U.S. immigration laws while traveling on a B-1 visa. If you have questions about whether the activity you intend to engage in while in the United States is authorized while in B-1 status, you should consult an attorney.

If you have questions about the B-1 (Business Visitor) program, contact our office.

10/12/2023

The EB-3 category (Employment-Based, Third Preference) is probably the most popular of the employment-based immigrant petitions because it is available to a widest variety of employees. However, just like the EB-2, to qualify for an EB-3 visa, the petitioning employer must first documents its efforts to find a qualified U.S. worker to fill the position through a process known as Labor Certification.

10/05/2023

The EB-2 Preference Category (Employment-Based, Second Preference) refers to immigrant petitions for professionals in positions that require a Master’s Degree or higher in a particular field, or who have demonstrated exceptional ability in the arts, science or business. Although not as high a standard as the “extraordinary ability” required for an EB-1 petition, documenting exceptional requires meeting rigorous requirements to document a prospective employee’s achievements. To qualify for an EB-2 visa, the petitioning employer must generally document its efforts to find a qualified U.S. worker to fill the position through a process called Labor Certification. (Some EB-2 petitions can bypass the Labor Certification Process by seeking a “National Interest Waiver” but this is not available in every case).

09/28/2023

There are several pathways to permanent residence in the United States through business and employment. Each pathway requires an immigrant petition from a qualifying category.

This EB-1 (Employment-based 1st preference) category is a great option for those who are eligible, because it is prioritized by the U.S. government above most other categories.

The EB-1 preference category is only available to 1) those who have demonstrated “extraordinary ability” in the arts, science, education, business or athletics; 2) outstanding professors and researchers; or 3) multinational managers and executives.

The U.S. government has very stringent requirements for determining what constitutes “extraordinary ability,” but for those who can meet this high burden, an EB-1 petition can be a very appealing option. Unlike most other categories, employers seeking Priority Workers are not required to complete the lengthy “Labor Certification” process with the Department of Labor. Avoiding this lengthy process with the Department of Labor can save many months (if not years) of processing times!

09/19/2023

USCIS Immigration Petitions can process for a long time, sometimes months go by with no notice or update on the status of the case. While official notices are received in the mail, did you know you can also use USCIS's "Case Status" tool to check on the progress of your case?

This is the same tool attorneys use when checking on a normally processing case.

To check your status you will first need to receive a "Receipt Notice" this notice affirms that USCIS has received your petition and is now in the pipeline for processing.

On the receipt notice your will find a "Receipt Number" this is your cases tracking number.

You can then to go USCIS.gov and under the Check Case Status tool enter in the Receipt number to find the current case status with USCIS

It is important to carefully enter the correct number, as any errors may pull up a different case status and cause confusion (or even panic).

Checking you case status can be comforting but it can also be frustrating, as a status may stay the same for months or years, and at times may even be inaccurate, that is why you should still watch carefully for official notices in the mail

If you have questions about your case status, or have concerns about USCIS and their processing of your case, please contact us and our attorneys can meet with you to review your options and case.

08/10/2023

USCIS has announced a policy change when it comes to Form I-693 Medical Examination. In the past, the civil surgeons signature could not be more than 60-days before the filing date of an application.

The following is a list of changes made by USCIS regarding this matter.

-Removes the requirement that the civil surgeon’s signature on Form I-693 be dated no more than 60 days before the applicant files the underlying immigration benefit application.

-Clarifies that officers should review Form I-693 for compliance with the procedures and requirements outlined in the Technical Instructions for Civil Surgeons that were in effect as of the date of the civil surgeon’s signature unless otherwise specified by the Centers for Disease Control and Prevention. Officers should not issue an RFE for the applicant to meet the requirements that did not apply as of the date the civil surgeon signed the Form I-693.

-Clarifies the process for the civil surgeon and the applicant when responding to a Form I-693- related RFE

If you or a loved one is looking to adjust status to obtain permanent residency, we can help. In our office, we work hard to keep appraised of policy changes like the one above to ensure your application is done correctly.

08/03/2023

The Office of Foreign Labor Certification (OFLC) announced a shift of Form ETA-9089 (Applications for Permanent Employment Certification) from the FLC website to the Department of Labor FLAG System. The FLAG system is already used to submit forms ETA-9141 (Prevailing Wage Determination) and ETA 9035/9035E(Labor Condition Application).

The OFLC will no longer accept Form ETA-9089 on the old website. All ETA-9089s must be submitted through the FLAG System.

For individuals looking to navigate the PERM process, this means a company account will no longer need to be made on the FLC website and also means that the application itself has changed in some important ways.

If your company requires any assistance navigating the complex PERM process, please reach out to our office.

07/27/2023

Effective January 25th, 2023, USCIS has announced they will extend the validity of Permanent Resident Cards 48 months beyond the expiration date. This 48-month extension applies to those who have properly filed Form I-751, Petition to Remove Conditions on Residence or the Form I-829, Petition by Investor to Remove Conditions on Permanent Resident Status.

This 48-month extension has been applied due to the extended processing times for these two forms.

Are you currently looking to remove conditions from a Permanent Resident Card? Reach out to us and we will help you along the way.

07/20/2023

A lot goes into filing an immigration petition with USCIS. Though certain steps may seem small, they often play a very crucial role in the filing of a successful immigration petition.

Timely filing of an application does not only mean submitting an application before the expiry of your status, but filing your application to avoid any gaps that may inconvenience the applicant and their family. For example, if someone is adjusting status from a nonimmigrant work visa to a permanent resident, there may be a period where the applicant will be unable to legally work in the United States. This can put a heavy financial strain on families that depend on a nonimmigrant's income. Though it is not always possible to avoid a period where one can no longer legally work, proper planning and the timely filing of an application can minimize this period.

Confirming and sending the correct government fees is a very important step. Before submitting an application, here at the Gunderson Law Group, we double check the required fees with USCIS. Sending a petition packet without the required fees will lead to the petition being sent back, delaying the petition by months.

Status checks and monitoring may not seem that important. At this point in the application process, the packet has already been accepted by USCIS and is currently being reviewed. However, we see the necessity to check on the pending application at least monthly or even more often depending on the case type and average processing times. By doing this, we avoid missing any notices. Yes, notices will come by mail; however, it is not unheard of for the written notice to arrive too late or not at all.

Providing correct information and documentation. is one of the most important aspects to successfully filing an immigration petition. Before we begin any petition, we send a questionnaire and document checklist to each client. These questionnaires and checklists are regularly updated before each case to ensure all needed documentation and information is received. By ensuring everything is submitted, we lower the chances of USCIS issuing an RFE (Request for Evidence), which can delay a case by months. Of course, USCIS may issue inquiries regardless if all documents and information have been sent to them properly, though the chances are far lower.

The most important part of filing a successful immigration petition is providing correct information and documentation is the effective communication between clients, attorneys, and staff are very important for the successful filing of an immigration petition. When a client has a question or concern, it is best for them to reach out to their legal team as soon as possible. This will help avoid any possible confusion, and allow us to better serve you. Remember, we are here to help guide you through this process.

If you have any additional questions or concerns about what is needed for a successful immigration case, reach out to us and we will help guide you.

07/13/2023

When on the journey to become a naturalized U.S. Citizen, the Naturalization Test is often the part most people feel the most uneasy about.

Currently, the test covers English (Speaking, Reading, and Writing) and Civics.

The English portion of the test covers basic communication and comprehension in English.

Recently, USCIS announced the possibility of revising the reading and writing portions of the test, and these changes are currently being tested by a small group of individuals. However, as of right now, the test will remain unchanged and these sections cover basic reading and writing skills.

In certain cases, one may be exempt from taking the English, Reading and Writing portions of the exam.

The Civics portion of the exam is what one most commonly thinks of when thinking of the Naturalization Test. This portion covers U.S. History and Government. The test administrator chooses ten questions from a pool of 100 questions one answers verbally. Six correct answers are required to pass.

Do you feel nervous or have any questions regarding the Naturalization Test or need guidance through the entire Naturalization process? Reach out to us today and we can help guide you through the process.

07/06/2023

With long processing times at USCIS, one common concern we hear is from conditional permanent residents who have applied for removal of conditions and are waiting for a decision on their case. This is especially worrisome for those planning to travel while their old green card is expired. An ADIT Stamp can be a helpful solution to this problem, allowing green card holders to travel while their removal of conditions applications are pending.

In the past, individuals were only able to obtain an ADIT Stamp by going to a field office and requesting the ADIT Stamp in person. Earlier this year, this process was updated. Now permanent residents are able to request an ADIT Stamp over the phone and may be able to receive the Stamp through the mail.

Lawful permanent residents are entitled to evidence of status and may require temporary evidence of their status in the form of an ADIT stamp if:

· They do not have their Green Card; or

· Their Form I-90, Application to Replace Permanent Resident Card (Green Card), Form I-751, Petition to Remove Conditions on Residence, or Form N-400, Application for Naturalization, is still pending adjudication and their Green Card and extension notice have expired.

If you or a loved one would like to learn more about obtaining an ADIT Stamp or has any questions about their permanent residency, we are happy to help.

05/01/2023

If there is one thing to expect, it is constant change. Though if you know where to look, there will always be a path. This holds true in many areas of the law, and here at the Gunderson Law Group we can help guide you down this path. Call us today if you or a loved one needs help navigating the everchanging areas of Immigration, Trust & Estate or General Business Law.

04/24/2023

Congratulations to Attorney Adam Gunderson for his selection as a 2023 Rising Star for Estate Planning & Probate by Super Lawyers!

04/14/2023

In the submission of an immigrant petition, there are many components that need to be taken into consideration. One important component is the submission of supporting documents.

Here at the Gunderson Law Group, we ensure we have a proper list of the needed documents before submitting the petition. When beginning a case, we often will send the client a questionnaire and list of needed supporting documents. While the client uploads them, we ensure they meet certain standards.

All supporting documents submitted to USCIS must be legible amongst other requirements. A proper scan of certain documents is often critical. If USCIS is unable to read the necessary information, they are likely to request the document again later, delaying the decision by months.

If you need help preparing a petition packet and want to ensure all necessary information is submitted properly, reach out to us today!

02/25/2023

On Tuesday, January 3rd, USCIS announced their intent to adjust the fees for certain benefit requests. USCIS announced this in hope of recovering operating costs and to avoid any future backlogs. The rise in fees is largely due to the losses incurred at the onset of the COVID-19 pandemic in 2020. The pandemic resulted in a temporary drop in revenue of 40%.

We are likely to see a rise in fees for various application types, however the new fees will not go into effect until they have gone through the normal "notice and comment" period required under law.

Here at the Gunderson Law Group, we keep up to date with rule changes and ensure that everything is in order before filing anything with USCIS. If you or a loved one needs help in filing a petition with USCIS, please reach out to us today!

02/10/2023

USCIS has announced the initial registration period for the fiscal year 2024 H-1B cap. The registration will open at 12 PM EST on March 1st and close 12 PM EST on March 17th.

Do you need help with an H-1B application? Here at the Gunderson Law Group we can guide you through the process.

12/30/2022

The Form I-693 Medical Exam is an important component of your application to adjust status (Form I-485). However, it does not need to be submitted when initially filing your petition packet and in some circumstances, you may want to wait before submitting your I-693. There are multiple factors to take into consideration when deciding when to submit the I-693.

If you are uncertain when to have your medical exam conducted, we can help.

12/23/2022

Happy Holidays from the Gunderson Law Group!

Here at Gunderson Law Group we want to wish you and your family a safe and Happy Holidays.

In observance of the Holiday Season, our office will be closed at noon on Friday, December 23rd through Monday, December 26th.

12/16/2022

When travelling abroad on an immigrant or non-immigrant visa, it is best to make sure you have all proper documentation.

Before you leave on your trip, we can ensure you have everything you need to depart and reenter the country.

12/09/2022

* Temporary Visit for Business *
These visas are only intended for very brief-term business travel. These business visitors are NOT authorized to seek employment in the United States but may be authorized to perform certain business activities such as contract negotiations, conference attendance, or settling a probate/estate administration.

* Student and Exchange Visitors *
Three categories of students are covered by these visas: academic, vocational, and those participating in educational or cultural exchange programs. These are temporary visas and some (but not all!) allow for employment in the United States while studying.

* Temporary Non-Immigrant Visa *
Non-immigrant visas are for individuals seeking live and/or work in the United temporarily. Typically, a potential employer will need to file an initial petition for this type of work with U.S. Citizenship and Immigration Services (USCIS). Then, before entering the U.S., the employee will use the employer's approved petition to seek his or her own visa. The U.S. immigration system includes many different categories of non-immigrant workers. Generally, spouses and young children of these visa holders are also eligible for visas as dependents.

* Permanent (Immigrant) Workers *
Immigrant visas are available for up to 140,000 workers each year, allowing them to relocate permanently to the United States. Similar to those non-immigrant categories, there are a number are a variety of immigrant visa categories. These categories have varying requirements regarding education, work experience, and special skills. The majority of these visas require a current offer of employment from a business with the required U.S. Department of Labor certification, demonstrating that there are both inadequate American workers with these skillsets and that the hiring will not displace American citizens from their jobs. This process with the Department of Labor (known as the "labor certification") is time consuming, but can be waived in some circumstances.

08/19/2022

Scams targeting immigrants and foreign nationals are getting increased attention right now. Please be careful! Many times scammers try to impersonate someone with authority (like a government officer). They like to target people who are going through a transition in life and who may be unfamiliar with new people, places, or processes.

In general, government agents will not contact you via telephone or email to request personal or private information. If you are contacted, it is always okay to ask probing questions. And of course, if you are concerned about the legitimacy of someone claiming to act on behalf of the government, ask your attorney!

08/12/2022

USCIS is one of the primary federal agencies tasked with overseeing the U.S. immigration system. Submitting an application to USCIS can be a daunting task. Whether you are already in the middle of a process involving USCIS, or you are about to submit a petition package for their review, we can help. We are experienced in working with USCIS to resolve issues and to navigate the submission process.

To learn more, contact our office!

06/24/2022

Always check your form's expiration date before filing with USCIS.

The expiration date and form type are found on the top Left corner of your form. if it is passed the expiration, you can check the edition date to see if USCIS is still accepting this version of the form, the edition date is on the bottom right corner of your form. Look up the form type at Uscis.gov and go to the edition tab to make sure this edition is still in use.

06/03/2022

Foreign nationals seeking to work or do business in the United States should be very careful to ensure they are not violating their legal status. If you have questions about whether your visa or immigration status authorizes you to seek employment, work for a new employer, start your own company, or any other business-related activity, check with a lawyer!

If you have questions about travelling to the United States, or which visa may be the most useful in your situation, please give us a call!

05/21/2022

Travel Tip: Be kind!

Immigration officers inspect many people each day. A little courtesy when speaking with an officer can usually go a long way in avoiding unnecessary problems. While most officers act professionally, it is always possible that you will be confronted by someone who is not having a good day. Try to remain calm and be courteous. If their behavior is especially bad, we recommend getting the name of the person you are working and asking to speak with a supervisor.

If you have any concerns about an upcoming border crossing, or any other immigration-related questions, please let us know!

05/06/2022

Your "I-94" is the record of entry into the United States. Sometimes it is provided as a stand alone document. Sometimes the details are recorded in your passport. Usually, the record is kept electronically with Customs and Border Protection (CBP) and can be reviewed online. Whether you receive an I-94 card and/or passport stamp, check the following after it is issued to you:
• If you will be relying on your I-94 for future travel into the United States, see that the I-94 or passport is stamped “Multi-Entry.”
• Check I-94 card and/or automated I-94 information to see that your name, birthdate and other information are recorded correctly. If you have a visa in your passport and your name on the visa is different from the name on your passport, check to see whether the I-94 information matches the visa or passport.
• Check that the I-94 and information recorded on the passport, particularly the expiration date, coincide with the length of time you requested to stay in the United States. For example, if you requested three years and you were accorded a shorter period of time, ask the officer why, or contact us to have us speak to the officer before you leave the immigration office.

These tips are provided not to alarm you, but to prepare you for the process.
Should you have any questions, do not hesitate to contact us.

04/30/2022

Before moving abroad to take up employment, even temporary employment, you should consult our office. Under certain circumstances, your residence in the United States can be preserved for naturalization purposes, and in any case, we can provide you with advice on to how to maximize your chances for maintaining your residence.

04/22/2022

A lawful permanent resident uses the Alien Registration Card (or "green card") in lieu of a visa to return to the United States from trips abroad (with the recommendation being that such trips be less than six months in duration).

If you remain outside the United States for a period of one year or more, your residency may* be deemed to be abandoned, and you will not be permitted to re-enter the United States. In many cases, you can plan ahead to avoid this problem by applying for a returning resident visa at a U.S. consular post while outside the United States, or by seeking a re-entry permit from USCIS before leaving the United States. In some cases, remaining outside the United States for smaller amounts of time may also lead to problems when trying to return.

*It is worth noting that there are often exceptions to these general rules. Please talk to a qualified immigration lawyer as you make any plans relating to lengthy travel outside of the United States. If you have specific questions or concerns about travelling with a green card, or about other aspects of the immigration process, please contact the immigration attorneys at the Gunderson Law Group, P.C. in Tempe, Arizona. We serve clients in Mesa, Phoenix, Tempe, Chandler, Gilbert, Scottsdale, and throughout the state of Arizona and throughout the world.

04/16/2022

In the event that you are unable to obtain a visa, or are required to provide additional information or documentation, make sure to take excellent notes about the interaction. Obtain everything that you possibly can in writing and contact your attorney so that they may help you to prepare a response.

03/25/2022

Is a Green Card holder different that a US Citizen?

03/11/2022

As we enter into spring break and summer time, many of our clients have questions about travel!

As always, please call us if you have any questions or concerns about your case.

03/04/2022

Generally, you may obtain a Social Security card once you are legally authorized to work in the United States. Such authorization may be evidenced by receipt of an employment authorization card, a green card, or receipt of temporary evidence of green card status (as established by presentation of an I-551 stamp in your passport). In some cases, an application to the U.S. Citizenship and Immigration Service (USCIS) can initiate the process of obtaining a Social Security card. Otherwise, you may need to file an application directly with the Social Security office. When filing this application at the Social Security office, you should have the following documents with you:

 Your original birth certificate;
 Passport;
 Employment authorization document;
 Stamped passport; or
 Green card.

Visit the Social Security Administration’s website at www.ssa.gov for additional information, including the address of your local office.

02/18/2022

How do I report my income on a U.S. tax return if I am not a U.S. citizen? The answer may be more complicated than you realize! Did you know that concept of "residency" is treated differently under the U.S. tax code when compared the U.S. immigration code?

"Legal Permanent Resident" vs "Resident Alien"

Under the tax code, "Resident Aliens" are subject to U.S. income tax on their WORLDWIDE income. This includes individuals who have become Legal Permanent Residents (aka "green card holders") through the immigration system. However, the term "Resident Aliens" also applies to individuals who spend a substantial amount of time in the United States, regardless of their immigration status! These two tests are commonly referred to as the "green card" test and the "substantial presence" test. Individuals are taxed as "Resident Aliens" regardless of which of these tests they meet.

Nonresident Aliens (foreign nationals who fail both the "green card" test and the "substantial presence" test and the "green card" test) are generally only required to report their U.S. income to the IRS.

We always recommend that our clients consider the tax implications of their immigration decisions. If you have additional questions about your tax status, we strongly recommend working with an accountant who is experienced in serving international clients.

02/11/2022

It can be nerve wracking to make the next step in your immigration journey! One way to enter upon the journey with courage and a little more confidence is to assemble a trusted team of advisors. Let us know what your goals are and we will work alongside you to achieve them!

01/07/2022

Beware of immigration fraud! The wrong help can hurt - especially in legal matters.

These 3 tips will help you protect yourself as you navigate the immigration system:

Work with Qualified Professionals. We recommend working with someone who is a licensed attorney in good standing with their local state bar and who is a member of the American Immigration Lawyers Association (AILA). People who offer legal services without a license are violating the law and put your process at risk.

Never sign a blank form or application. Confirm all details included in the forms prior to signing to ensure that all of the information is correct. If there is a question you do not understand or know how to answer, contact an attorney. Here at Gunderson Law Group we strive to make the immigration process as easy and comfortable as possible by answering any questions our clients have about the USCIS forms.

Do not trust anyone who claims to have a "special relationship" with USCIS or who claims they can guarantee faster processing.

12/11/2021

Case Shergill, et al. v. Mayorkas has changed the way that USCIS adjudicates the work permits of nonimmigrant spouses. Nonimmigrants holding H-4 (spouses of H-1B visa holders) and L-2 visas (spouses of L-1 visa holders) suffered delayed processing of their requests for permission to work in the United States. These requests could take nearly a year or more to be reviewed.

Now, H-4 visa holders will be granted an automatic temporary extension of their work authorization when they file a request to renew their previously approved authorization. This means that while the request is pending, they will be allowed to work.

L-2 visa holders now do not need to apply for work authorization. They will automatically be granted permission to work in the United States as a result of holding L-2 status.

These changes will alleviate the burdens unnecessarily placed on nonimmigrant families and US businesses.

Please give us a call if you have any questions about how these changes may affect you or if you have other questions about obtaining permission to work in the United States.

11/24/2021

We wish a Happy Thanksgiving all of our wonderful family, friends, colleagues, and clients. We are truly blessed to be able to serve this amazing community.

Happy Thanksgiving!

11/20/2021

Have you recently moved? Make sure that your address is updated with USCIS! Updating your mailing address or address on your driver's license does not automatically update your address with USCIS. If you are present in the United States in most non-immigrant categories, if you are a Legal Permanent Resident, or if you have a pending case with USCIS, it is important to keep your address up to date. Maintaining an up to date address is not only required by law, it also helps ensure that you receive notices, updates, and documents from USCIS without delay.

10/29/2021

Key Points to Consider:

Consular officials will often deny applications for non-immigrant visas if they believe the applicant intends to remain in the United States permanently.

Although some non-immigrant visas allow for "dual intent," applicants seeking non-immigrant visas should generally be prepared to demonstrate their intent to depart the United States at the end of their temporary stay.

One helpful way to show that you don't have immigrant intent is by providing evidence of ties to your home country.