Immigration Lawyers

Immigration Lawyers Looking for Immigration Lawyers? www.mylawllc.com Phone: (630) 903-9625 We assist global clients with U.S. immigration and naturalization matters.

Green Card Through Marriage, Renew Green Card, Work Permit, H-1B E-1 E-2 L-1 O-1 Visa, Investment EB-5 My Law, LLC is a law firm practicing in the area of Immigration law, including family green card, employment, adjustment of status, PERM, H1B, investor visa, EB5, EB1, EB2, EB3, Marriage Green Card, U.S. Citizenship, naturalization, L1A, L1B, E1, E2, J1, and others. We also provide tax services.

Denial of B2 Extension could result in deportation A June 28, 2018, USCIS policy memorandum (PM 602-0050.1) expands the ...
08/24/2018

Denial of B2 Extension could result in deportation

A June 28, 2018, USCIS policy memorandum (PM 602-0050.1) expands the conditions under which USCIS will issue a Notice to Appear (NTA), the document that initiates removal (deportation) proceedings, to now include situations "where, upon issuance of an unfavorable decision on an application, petition, or benefit request, the alien is not lawfully present in the United States."

Under the new policy, USCIS can issue an NTA after denying an application for an immigration benefit only if on the date of the denial the applicant is out of status.

For examples, denial of an extension of stay or change of status request, where the applicant's prior status expires before USCIS denies the EOS or COS.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

Accrual of unlawful presence for F, J, M visaIn the past, foreign students and exchange visitors (F and J nonimmigrants,...
08/08/2018

Accrual of unlawful presence for F, J, M visa

In the past, foreign students and exchange visitors (F and J nonimmigrants, respectively) who were admitted for, or present in the United States in, duration of status (D/S) started accruing unlawful presence on the day after USCIS formally found a nonimmigrant status violation while adjudicating a request for another immigration benefit or on the day after an immigration judge ordered the applicant excluded, deported, or removed (whether or not the decision is appealed), whichever came first.

USCIS is now changing its policy on how to calculate unlawful presence for F-1, J-1, and M-1 nonimmigrants, and their dependents (F-2, J-2, and M-2). This new policy on the accrual of unlawful presence with respect to F, J and M nonimmigrants will take effect on August 9, 2018.

The policy for determining unlawful presence for aliens present in the United States who are not in F, J, or M nonimmigrant status remains unchanged.

The new policy clarifies that F, J and M nonimmigrants, and their dependents, admitted or otherwise authorized to be present in the United States in duration of status (D/S) or admitted until a specific date (date certain), start accruing unlawful presence.

F, J, or M nonimmigrants who failed to maintain their nonimmigrant status before August 9, 2018 start accruing unlawful presence based on that failure on August 9, 2018, unless the alien had already started accruing unlawful presence.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

05/10/2018

E-2 Investor Visa

An E-2 Visa is a Visa Classification that is available for foreign nationals who wish to live in the U.S. to develop and direct the operations of a business. The business can be large or small and an E-2 Visa is a great Visa option for those who want to start a business. In order to qualify for the Visa, applicants must meet specific requirements.

The E-2 Investor Trader Visa is only available to people from the countries that the U.S. has a Treaty with. You must invest funds that you have obtained from a lawful means. The U.S. Government does not have a predetermined amount that they consider substantial.

Your investment & business cannot be marginal and you must intend to return to your home country after expiration. This is not a difficult test to meet and all you must do is sign a document that indicates you plan to return home once your visa expires. Unlike many other visas you do not have to show any ties to your home country like a home there.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

USCIS received 190,098 H-1B petitionsOn April 11, USCIS used a computer-generated random selection process to select eno...
04/13/2018

USCIS received 190,098 H-1B petitions

On April 11, USCIS used a computer-generated random selection process to select enough H-1B petitions to meet the congressionally-mandated cap and the U.S. advanced degree exemption, known as the master’s cap, for fiscal year (FY) 2019.
USCIS received 190,098 H-1B petitions during the filing period, which began April 2, including petitions filed for the advanced degree exemption. USCIS announced on April 6, that it had received enough H-1B petitions to reach the statutory cap of 65,000 and the master’s cap of 20,000. USCIS will reject and return all unselected petitions with their filing fees unless the petition is a prohibited multiple filing.
USCIS conducted the selection process for the master’s cap first. All unselected master’s cap petitions then became part of the random selection process for the 65,000 cap.
USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Petitions filed for current H-1B workers who have been counted previously against the cap, and who still retain their cap number, will also not be counted towards the FY 2019 H-1B cap. USCIS will continue to accept and process petitions filed to:
• Extend the amount of time a current H-1B worker may remain in the United States;
• Change the terms of employment for current H-1B workers;
• Allow current H-1B workers to change employers; and
• Allow current H-1B workers to work concurrently in a second H-1B position.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

Third-Party Worksite H-1B PetitionsThe H-1B visa program generally allows a foreign employee to work for a specific spon...
03/02/2018

Third-Party Worksite H-1B Petitions

The H-1B visa program generally allows a foreign employee to work for a specific sponsoring American employer. As is true in many employment situations, the location of work can change.

USCIS has published a policy memorandum making clear that USCIS may request detailed documentation to ensure a legitimate employer-employee relationship is maintained while an employee is working at a third-party worksite. In publishing this policy, USCIS clarifies existing regulatory requirements relating to H-1B petitions filed for workers who will be employed at one or more third-party worksites.

This policy memorandum makes clear that employers must provide contracts and itineraries for employees who will work at a third-party location. The guidance, effective Feb. 22, 2018, explains that, in order for an H-1B petition involving a third-party worksite to be approved, the petitioner must show by a preponderance of evidence that, among other things:
The beneficiary will be employed in a specialty occupation; and
The employer will maintain an employer-employee relationship with the beneficiary for the duration of the requested validity period.

When H-1B beneficiaries are placed at third-party worksites, petitioners must demonstrate that they have specific and non-speculative qualifying assignments in a specialty occupation for that beneficiary for the entire time requested on the petition.

While an H-1B petition may be approved for up to three years, USCIS will, in its discretion, generally limit the approval period to the length of time demonstrated that the beneficiary will be placed in non-speculative work and during which the petitioner will maintain the requisite employer-employee relationship.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563

E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

H1B Visa (FY-2019)While many regulations like increasing the H1B wage to 130K USD, Pre-registration of petitions and pic...
02/20/2018

H1B Visa (FY-2019)

While many regulations like increasing the H1B wage to 130K USD, Pre-registration of petitions and picking them by salary offered & qualification, increasing H1B cap, etc. have been discussed extensively and either part of the current H1B bills that are in process or Fall 2017 Regulatory agenda, none of these will be implemented for the H1B 2019 season.

How many H-1B Visas are available for the FY-2019 Quota?

58,200 (65,000 minus 6,800 taken out for Chile and Singapore H-1Bs) H-1B Visas are available per year in the Bachelor’s degrees quota.
20,000 H-1B Visas are available per year in the U.S. Master’s degrees quota.

When can I file my H-1B Visa Petition with USCIS?

Monday, April 2nd, 2018 is the first day USCIS will accept H-1B petitions for quota (cap) subject cases for FY (Fiscal Year) 2019, commencing October 1, 2018 .
Because demand for H-1B workers remains high the quota likely will be filled in the first 5 business days of April.
Friday, April 6th, 2018 is likely the last day USCIS will accept H-1B petitions for quota (cap) subject cases for FY (Fiscal Year) 2019.

USCIS is required to accept petitions received during the first five business days of April. With April 1st 2018 being a Sunday, the fifth business day will be Friday, April 6, meaning petitions must be sent via Next Day Delivery no later than Thursday April 5th 2018.

U.S. Master’s cap petitions will be sorted from non-U.S. Master’s cases and subjected to the random process to select the 20,000 that will be processed.
All cases not selected as part of the U.S. Master’s lottery will be entered into the bachelor’s cap lottery, in which 58,200 cases (65,000 minus 6,800 carved out for Chile and Singapore H-1Bs) will be subjected to the random system to select those that will be adjudicated.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563

E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

Diversity Green Card Visa (DV) LotteryThe DV Lottery program offers a lottery for up to 50,000 immigrant visas annually,...
11/18/2017

Diversity Green Card Visa (DV) Lottery

The DV Lottery program offers a lottery for up to 50,000 immigrant visas annually, “drawn from random selection among all entries to individuals who are from countries with low rates of immigration” to the U.S., according to U.S. Citizen and Immigration Services.

That random selection, according to the State Department, is through a computer-generated drawing for foreign nationals to apply for permanent residence, or a green card, in the U.S. each year.

President Trump has called for its elimination, and the termination of chain migration, which happens when immigrants can enter the country, simply to be united with a relative already living in the U.S.

“I am calling on Congress to TERMINATE the diversity visa lottery program that presents significant vulnerabilities to our national security,” Trump tweeted earlier this month following the attack. “Congress must end chain migration so that we can have a system that is SECURITY BASED! We need to make AMERICA SAFE! .”

The Trump White House came out in support of the bill, calling the DV program “outdated,” adding that it “serves questionable economic and humanitarian interests.”

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

11/11/2017

USCIS is challenging an unusually large number of H-1B applications

Starting this summer, employers began noticing that U.S. Citizenship and Immigration Services was challenging an unusually large number of H-1B applications. Cases that would have sailed through the approval process in earlier years ground to a halt under requests for new paperwork. The number of challenges — officially known as “requests for evidence” or RFEs — are up 44 percent compared to last year, according to statistics from USCIS. The percentage of H-1B applications that have resulted in RFEs this year are at the highest level they’ve been since 2009, and by absolute number are considerably higher than any year for which the agency provided statistics.

In the meantime, the uncertainly alone is taking a toll on those who rely on the visas to work. Some applicants whose cases remained unresolved by Oct. 1, the annual effective date for new visas, have been sent home from their jobs. After the recent terrorist attack in New York, Trump called for the elimination of another visa lottery program – the Diversity Visa Lottery – saying immigration should be merit-based.

There are ample signs that the Trump administration has a broader overhaul in mind. It staffed the USCIS with those who worked for Republican Senator Chuck Grassley of Iowa, a longtime critic of H-1B visas who in January proposed scrapping the H-1B lottery altogether in favor of a system prioritizing higher-paid jobs. A spokesperson for USCIS says that plan is still being considered. In April, Trump issued an executive order asking federal agencies to increase their scrutiny of the program. In a briefing with reporters at the time, a senior administration official floated the idea that administrative steps like raising application fees could also serve to reshape the program without the need for new laws or regulations.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

11/09/2017

More Scrutiny on L-1B Visa Extensions

The Trump administration is escalating scrutiny for extension of L1B applications to the same level as new applications to fit into the larger theme of protecting American workers which cuts to the heart of Trump's appeal and his rise to power in the US.

The updated guidance makes it clear that extensions will not happen by default. The burden of proof falls entirely on the petitioner. With every additional move, the USCIS is basically sending strong and repeated signals that the difficulty level of coming through the H1B/ L1 route and then staying in the US on the same visa is unlike at any other time in the history of these work visas.

“The updated guidance instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary and underlying facts are unchanged from a previously approved petition. While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner,” says Lee Francis Cissna, newly appointed director of the USCIS.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

10/31/2017

H-1B visa renewals are getting tougher

Fresh changes in rules notified by the U.S. Citizenship and Immigration Services (USCIS) for renewal of non-immigrant visas will severely impact H-1B visa holders. Petitions for renewal of such visas, particularly when the underlying facts that supported the original petition have not changed, are currently considered with a presumption of approval, but that will no longer be the case, USISC said.

Consequently, the burden of proof will be on the petitioner to substantiate his application even when nothing has changed since the previous petition.

The new rules are in line with the Donald Trump administration’s 'Buy American, Hire American' policy, the USCIS said. The new changes were announced even as a comprehensive review of the H-1B programme is under way.

“The updated guidance instructs officers to apply the same level of scrutiny when reviewing nonimmigrant visa extension requests even where the petitioner, beneficiary and underlying facts are unchanged from a previously approved petition. While adjudicators may ultimately reach the same conclusion as in a prior decision, they are not compelled to do so as a default starting point as the burden of proof to establish eligibility for an immigration benefit always lies with the petitioner,” a statement by the USCIS said.

The previous policy — which has been in force for 13 years — instructed officers to give deference to the findings of a previously approved petition, as long as the key elements were unchanged and there was no evidence of a material error or fraud related to the prior determination. The updated policy guidance rescinds the previous policy.

The burden of proof in establishing eligibility for the visa petition extension is on the petitioner, regardless of whether USCIS previously approved a petition, the agency said. “The adjudicator’s determination is based on the merits of each case, and officers may request additional evidence if the petitioner has not submitted sufficient evidence to establish eligibility.”

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

10/17/2017

USCIS Is Denying Pending Advance Parole for Abandonment Due to International Travel

USCIS has been denying Advance parole advance parole applications for abandonment in instances where the applicant has traveled abroad during the pendency of the application. The pending Advance parole application is being denied even if the applicant has a separate valid advance parole document or a valid H, K, L, or V visa to return to the United States.

In the denial notification, USCIS points to the Advance parole instructions where it states that "[i]f you depart the United States before the Advance Parole Document is issued, your application for an Advance Parole Document will be considered abandoned."

In the past, USCIS has approved advance parole renewal applications for individuals who travel abroad during the pendency of the application with a valid Advance Parole Document or a valid H, K, L, or V visa.

Now the current policy is that traveling internationally while an application for advance parole is pending will result in the denial of that application notwithstanding prior practice to the contrary.

My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com
Phone: (630) 903-9625
1700 Park Street, Suite 203
Naperville, IL 60563
E-mail: [email protected]

Married to US Citizen? Bring Your Fiancé to U.S!!! We Help You Through The Marriage Green Card Application Process. Call Immigration Lawyers Today (630) 903-9625.

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MY LAW LLC Immigration Law Office 1230 E Diehl Road Suite 106
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60563

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