Alternatives to the H-1B Visa
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The document discusses strategies for pursuing green cards without H-1B visas, including using a B-1 business visa. It outlines allowable B-1 business activities and provides tips for demonstrating intent to return abroad. It also discusses using a B-1 visa in lieu of an H-1B if the salary continues coming from a foreign entity and consular practices vary in approving this approach. The conclusion notes potential immigration bills that could help address green card backlogs if comprehensive reform does not pass.
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#badmuslaw #immigrationlawyerusa #uscis #immigrationlaw #usvisa
E-Visa
The document provides an overview of the requirements and supporting documentation needed for an E visa. The E visa allows nationals from treaty countries to enter the US to direct or develop operations of an enterprise where they have made a substantial financial investment. Requirements include being a national from a treaty country, having control over a substantial investment in an operating commercial enterprise in the US, and entering the country to direct the invested enterprise. Supporting documentation must be provided from both the foreign company where the individual is employed, and the US company where they will work, and include items like articles of incorporation, financial statements, organizational charts, and the individual's resume and job description.
H1B Cap 2019 Filing Mistakes: How To Avoid Them?
Learn all about H1B cap 2019 filing mistakes made by employers and how to avoid them.
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The biden immigration plan
The document summarizes Joe Biden's immigration plan, which aims to undo Trump administration policies and modernize the U.S. immigration system. The plan calls for an urgent review of policies separating families and limiting asylum to reclaim American values. It proposes creating a pathway to citizenship for Dreamers and agricultural workers, reforming visa programs, and increasing protections for immigrants, asylum seekers, and refugees. Biden commits to legislative immigration reform and working with regional allies to address the root causes of migration.
Dv 14 day ban order
The document is an amended order from a United States District Court regarding four lawsuits challenging the Trump administration's policies on diversity visas (DV-2020). The court had previously ordered the administration to process and adjudicate DV-2020 applications by September 30. However, the State Department then imposed a "Quarantine Requirement" that would require applicants from certain countries to quarantine for 14 days outside those countries before receiving a visa. The court finds this requirement has no valid legal basis and serves only to delay issuing visas. It amends its previous order to also enjoin the State Department from enforcing the Quarantine Requirement against DV-2020 applicants.
Case De Maryland v Wolf
This document is a memorandum opinion from a United States District Court case concerning the validity of 18 agency rules that overhaul the criteria for asylum applicants to obtain work authorization. Five non-profit organizations that provide services to immigrant and asylum populations brought suit against the Acting Secretary of Homeland Security and the Department of Homeland Security challenging the rules. The plaintiffs argue the rules violate the Administrative Procedure Act, Federal Vacancies Reform Act, and Homeland Security Act. The plaintiffs moved to stay or preliminarily enjoin enforcement of the rules, which went into effect in August 2020. The court must now decide whether to grant the preliminary injunction.
Siskind Summary Gomez decision
The document summarizes a court order that granted in part and denied in part a motion for a preliminary injunction in several consolidated cases challenging two presidential proclamations that suspended certain visa categories.
The court rejected challenges to the proclamations themselves but found that the State Department's policies of not issuing visas to those covered by the proclamations and not treating Diversity Visa (DV) applicants as "mission critical" exceeded statutory authority and were arbitrary and capricious.
The court ordered the government to resume processing DV visas, finding the DV applicants would suffer irreparable harm from loss of their opportunity for green cards if visas were not issued by the September 30th deadline. The public
GATS brief
This brief argues that the Presidential Proclamation banning certain visas violates the United States' obligations under the World Trade Organization's General Agreement on Trade in Services (GATS). As a WTO member, the US is bound by GATS, which requires admitting L-1 intracompany transferee visas. The Proclamation banning these visas contradicts this commitment and could lead other WTO members to challenge the US through the WTO dispute resolution process, potentially authorizing retaliation against American exports and companies abroad.
Subramanya tro opinion
This order grants plaintiffs' motion for a temporary restraining order and denies the defendants' motion to dismiss. The order finds that the court has jurisdiction over the case for several reasons: 1) Plaintiff Subramanya's claims are not moot even though she received her EAD because the issues are capable of repetition and evading review. 2) The inherently transitory exception to mootness also applies. 3) The "picking off" exception prevents defendants from mooting the entire class action by addressing the named plaintiff's claims. The order also finds that venue is proper in the Southern District of Ohio.
AILA Amended complaint in Gomez v Trump (the travel ban case)
This document is a first amended complaint filed in the United States District Court for the District of Columbia. It challenges proclamations issued by President Trump that suspend the entry of certain immigrants and nonimmigrants. The complaint alleges that the proclamations exceed the President's authority, violate the Immigration and Nationality Act and Constitution, and cause harm to the plaintiffs, who include U.S. citizens and lawful permanent residents seeking to sponsor family members for immigrant visas, as well as U.S. employers of foreign workers impacted by the bans. The complaint requests that the court declare the proclamations unlawful and enjoin their implementation.
Ero chicago citizens academy application[2]
This document is an application for the Office of Enforcement & Removal Operations (ERO) Citizen's Academy. It requests personal information such as name, date of birth, citizenship status, contact details, and employment information from applicants. It also asks about an applicant's purpose for applying, how they would share what they learn, any organizations they belong to, and their commitment to attending all academy sessions. Applicants must authorize a criminal history check and disclose any felony charges or convictions. The application notes that acceptance is at the discretion of ERO and provides privacy act details.
Siskind Summary DACA case
1) The Supreme Court ruled that the Trump administration's decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious.
2) The Court found that the Department of Homeland Security did not adequately consider important aspects of the issue such as reliance interests and alternatives to a full rescission.
3) As a result, those currently enrolled in DACA can continue renewing their status, but questions remain about expanding eligibility going forward.
Siskind summary china f j ban
The document summarizes the Chinese Student Travel Ban issued by President Trump. The ban bars certain Chinese students and researchers from entering the U.S. if they have ties to China's "military-civil fusion strategy" which aims to acquire foreign technology for military purposes. It applies to those receiving funding from or employed by Chinese entities involved in the strategy. The order takes effect on June 1st and tasks government agencies with identifying and denying visas to individuals covered by the ban.
Siskind summary health care provisions in the heroes act
The document summarizes provisions in the HEROES Act related to health care workers. It discusses:
1) Provisions to provide deferred action and authorization to work for aliens providing essential critical infrastructure services during the COVID-19 emergency.
2) Expediting green cards for physicians who have completed national interest waiver service requirements and expediting nonimmigrant petitions for those providing COVID-19 related healthcare.
3) Allowing greater flexibility for nonimmigrant physicians and healthcare workers to change employers and locations in response to COVID-19 needs through visa and status portability provisions.
4) Creating a new special immigrant visa program to provide up to 12,000 green cards total over 3 years for nonimm
Siskind Summary - Health Care Provisions in the HEROES Act
The document summarizes provisions in the HEROES Act regarding temporary protections for essential critical infrastructure workers during the COVID-19 pandemic. It allows aliens providing essential services prior to January 27, 2020 to continue working through deferred action. It also expedites green cards for physicians who have completed national interest waiver service requirements if they are involved in COVID diagnosis, treatment or research. The Act requires expedited processing of nonimmigrant petitions for those providing health care or conducting medical research for COVID-19.
Immigrants and Recovery rebates faq (04 15-2020) (1)
The document summarizes key details about recovery rebates (also called economic impact payments) provided by the CARES Act in response to the COVID-19 pandemic. Most individuals who filed a 2018 or 2019 tax return making under $99k single or $198k married will receive an automatic $1,200 ($2,400 married) payment. Those with Social Security or Veteran benefits but no tax return must apply. The payment is not taxable and will not impact benefits or future taxes.
Congressional letter to USCIS on H-1B restrictions for MDs
1) Several US Senators and Representatives wrote to the Director of USCIS to request waiving restrictions on H-1B and J-1 visa holders working in certain locations and specialties in response to COVID-19.
2) Such visa holders are currently restricted to only working at approved locations and specialties, which has prevented some from helping with COVID-19 response efforts.
3) The letter requests immediately waiving such restrictions to allow healthcare providers more flexibility in deploying physicians during the pandemic.
Klobuchar letter on USCIS adjudications
The letter is signed by numerous US Senators and Representatives urging the Director of US Citizenship and Immigration Services to waive restrictions on H-1B and J-1 visa holders working in locations and specialties other than previously approved during the COVID-19 pandemic. Specifically, they ask that requirements that physicians work only in pre-approved locations and specialties be lifted to allow doctors to aid in the medical response wherever needed. Doing so would provide hospitals and healthcare providers with needed flexibility to move physicians where required and deploy them effectively against the coronavirus public health emergency.
ICE Covid detention requirements
This document provides COVID-19 Pandemic Response Requirements for ICE detention facilities. It outlines objectives, concepts of operations, and requirements for both dedicated ICE facilities and non-dedicated facilities housing ICE detainees. The requirements address preparedness, prevention, and management of COVID-19 in these facilities. Facilities must comply with ICE standards and contracts, CDC guidelines, and requirements in this document including reporting confirmed COVID-19 cases, implementing social distancing, and notifying ICE of at-risk detainees.
Klobuchar letter on premium processing
Several US Senators and members of Congress wrote a letter to the Acting Director of USCIS to express concerns about the suspension of premium processing for certain visa petitions. They argued this will exacerbate physician shortages, especially in rural areas and underserved communities, during the COVID-19 pandemic. The letter requests continuing premium processing for physicians seeking employment visas to help ensure quality healthcare in areas facing staffing challenges. It notes programs like Conrad State 30 have historically helped address rural doctor shortages.
Society for Hospital Medicine letter
The Society of Hospital Medicine wrote a letter to Congressional leaders urging further action to address challenges posed by the COVID-19 pandemic. They requested that policymakers: 1) increase the supply and production of PPE and ventilators, as shortages are limiting the ability to respond; 2) dramatically increase access to COVID-19 testing to enable self-isolation and curb the spread; and 3) ensure adequate provider availability by expanding visa programs and reimbursing providers facing financial hardship from canceled procedures. The letter emphasized that hospitalists are on the frontlines of caring for COVID-19 patients and need support to safely and effectively respond to this public health crisis.
Joint IMGT - AILA Letter to State Dept re Health Care workers
The International Medical Graduate Taskforce and American Immigration Lawyers Association submitted a letter to the U.S. State Department requesting several actions be taken to address staffing needs during the COVID-19 pandemic. Specifically, they asked that the State Department expedite J-1 visa waiver applications for healthcare workers, allow telemedicine to satisfy waiver requirements, waive recruitment efforts for waiver applications, sponsor waiver applications for states that maxed out their allotment, expand who can sign waiver letters, remove restrictions on medical residents assisting beyond their employer, and grant board exam extensions for physicians. These recommendations aim to provide more flexibility for international healthcare workers to support U.S. facilities and patients during the pandemic.
Dos statement on health care workers
The document discusses a new policy from U.S. Citizenship and Immigration Services regarding the processing of certain applications and petitions during the COVID-19 pandemic. USCIS will accept and consider applications and petitions that can be decided without an interview. For applications and petitions that require an interview, USCIS will wait to schedule interviews until local conditions improve to help protect the health and safety of all individuals.
More from Greg Siskind (20)
AILA Amended complaint in Gomez v Trump (the travel ban case)
AILA Amended complaint in Gomez v Trump (the travel ban case)
Siskind summary health care provisions in the heroes act
Siskind summary health care provisions in the heroes act
Siskind Summary - Health Care Provisions in the HEROES Act
Siskind Summary - Health Care Provisions in the HEROES Act
Immigrants and Recovery rebates faq (04 15-2020) (1)
Immigrants and Recovery rebates faq (04 15-2020) (1)
Congressional letter to USCIS on H-1B restrictions for MDs
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