Answer If the H1B worker loses his job and falls out of status, the H-4 will also be out of status. This risk is an unfortunate reality of working on an H-4 EAD. The options in such a situation may be extremely limited, depending on the...
On November 20, 2015, the Obama administration petitioned the U.S. Supreme Court to hear arguments related to an injunction issued by an appellate court in Texas v. United States that is halting the implementation of the Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA)...
The U.S. Citizenship and Immigration Services (USCIS) issued a draft policy memorandum on November 20, 2015, addressing the same-or-similar occupational classification requirement for job portability under the American Competitiveness in the Twenty-First Century Act (AC21). AC21 allows an individual who has an employment-based (EB) application for adjustment...
Answer Yes, an employer could file a GC case for an L-2 employee working on EAD. However, the L-1 and L-2 categories do not have the same extension provisions as the H1B category. So, the GC filing would not make the L-2 eligible for more time;...
Answer No, the family-based GC categories specify relatives for which one can file. It is not possible to have fact- specific qualification based upon closeness of the relationship (like an aunt / grandmother that raised someone) or financial / other dependence. (30.Nov.2015)In frequent sessions of our...
Answer We always support positive immigration reform, including the opportunity for I-140 beneficiaries (and spouses!) to apply for EADs. There appears to be some action on this matter, but it is very difficult to judge if or when it may occur and, if so, what the...
Answer Whether you are eligible for unemployment benefits is a matter of state law. But, if one is eligible, taking such benefits does not create immigration public charge issues. Unemployment is insurance; it is not a "means tested public benefit." (23.Nov.2015)In frequent sessions of our...
On November 19, 2015, the U.S. Department of Homeland Security (DHS) submitted a proposed rule, entitled "Retention of EB1, EB2, and EB3 Immigrant Workers and Program Improvements Affecting Highly-Skilled H-B Alien Workers," to the Office of Management and Budget (OMB). No specifics are provided regarding...
The U.S. Department of State (DOS) provides a monthly visa bulletin explanation, through Charles Oppenheim, Chief of the Visa Control and Reporting Division. This month, Mr. Oppenheim provides more details regarding the predictions in the December 2015 Visa Bulletin, as well as insights into the reasons...
Answer In this situation, it is potentially possible for the 3-year masters to be evaluated as equal to a U.S. masters. If so, EB2 would be an option, assuming the job has EB2 level requirements. The difficult issue is the experience with the same employer. Generally,...
