Jun
26

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What does the US Supreme Court latest decision mean for DACA recipients

Category: DACA, Dreamer, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, immigration lawyers phoenix Tags: , ,


On June 18, 2020, the U.S. Supreme Court ruled that Department of Homeland Security’s (DHS) decision to rescind the Deferred Action for Childhood Arrivals (DACA) program was arbitrary and capricious under the Administrative Procedures Act because the DHS failed to consider important aspects of the problem – whether to continue only the deferred action part of the DACA program. DHS failed to provide a reasoned explanation for its action and also failed to address the considerable reliance interests created by the DACA program, such as the impact on Dreamers and their families, if the agency terminated DACA.
The parties agreed that DHS may rescind DACA. The Court remanded the case for further consideration.

Under the US Supreme Court decision, USCIS must continue to process the following types of DACA requests:

  • Current DACA recipients can file a renewal DACA request.
  • Recipients whose previous DACA expired one year ago or less may still file a renewal DACA request.
  • DACA Recipients whose previous DACA expired more than one year ago cannot file a renewal DACA request but may file an initial DACA request.
  • DACA recipients whose previous DACA was terminated at any point cannot request DACA as a renewal but may file an initial DACA request.

In order to comply with the Court’s order, USCIS will have to publish guidance on processing the applications of applicants who have not previously been granted DACA and advance parole requests that were suspended under prior court orders.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the latest DACA developments.  If you would like to discuss if you may qualify for DACA or the best strategy after the US Supreme Court decision, call our experienced immigration attorney at 480-425-2009 or contact an experienced immigration attorney via our website to schedule a consultation. We look forward to discussing how we can help you with DACA application.

Jun
23

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Presidential Proclamation Suspending Entry of Certain Non-Immigrants

Category: H-1B, H-1B attorney in Phoenix, H-2B visa, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, immigration lawyers phoenix, L visa Tags: , , , , , , , ,

On June 22, 2020, President Trump signed a proclamation suspending and limiting the U.S. entry of foreign nationals on H-1B, H-2B, J (as intern, trainee, teacher, camp counselor, au pair, or summer work travel program) and L visas and any individuals accompanying or following to join them.

The proclamation applies to those who are outside the U.S. on June 24, 2020 and do not have such non-immigrant visa or official travel document that is valid on that day.

The suspension and limitation on entry does not apply to lawful permanent residents, spouses and children of the U.S. citizens, essential workers, individuals whose entry would be in the national interest.

The proclamation shall expire on December 31, 2020, and may be continued.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the Proclamation.  If you would like to discuss how does this Proclamation affect you, call our experienced Immigration Attorney at 480-425-2009 or contact an experienced Immigration Attorney via our website to schedule a consultation. We look forward to talking with you and helping you analyze the effect of the Proclamation and your alternatives.

Jun
17

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H-1B petition approval in 3 weeks

Category: H-1B, H-1B attorney in Phoenix, H-1B cap, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona Tags: , , , , , ,

My client is a global marketing and branding company and filed a H-1B petition for a position of an Interior Designer.  The H-1B registration was selected in the H-1B lottery.  The Client was very cooperative and provided all documents necessary to show to the USCIS satisfaction that the Interior Designer is a specialty occupation according to the regulations.  In this case, the Petitioner (Client) normally requires a degree or its equivalent for the position and a baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the position of the Interior Designer.   The position of the Interior Designer is also so complex that it can be performed only by an individual with a degree.

The client provided documents related to the position and showing that the Beneficiary (Employee) meets the requirements for the position.   The Beneficiary has a Master of Interior Architecture and has been working for the Client as a junior Interior Designer on her OPT.   My client was very happy to receive the approval just in 3 weeks, especially for entry level position.  Congratulations!

Please note that this case study does not constitute a legal advice.  We simplified the law in order to outline the H-1B process.  If you would like to discuss if you may qualify for H-1B status, call our experienced H-1B visa attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule a consultation. We look forward to discussing how we can help you obtain your H-1B visa

Apr
5

By

Can An Employer Furlough an H-1B Employee?

Category: Best immigration attorney, H-1B, H-1B attorney in Phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney

As the coronavirus pandemic is forcing many employers to furlough or lay off their workers, questions arise about the consequences of such measures on foreign workers currently in H-1B status.  The Department of Labor regulations require employers to abide by the certified labor conditions, including payment of the required wage and full-time vs. part time employment.  The employers cannot furlough or stop paying the required wage without exposing itself to fines, back wages and debarment from immigration programs. 

If the employer wants to convert a full-time H-1B employee to a part-time status, it must file a new labor certification application and amended H-1B petition to reflect such change.  The employee can start working when the amended H-1B petition is filed.

We continue to monitor the Department of Labor’s guidance.

Please note that this article does not constitute a legal advice.  We simplified the law in order to outline the H-1B regulations.  If you are considering any changes to the approved H-1B labor conditions, call an experienced H-1B attorney at 480-425-2009 or contact an experienced H-1B attorney via our website to schedule anH-1B consultation. We will make sure you are complying with H-1B regulations and help you avoid fines or other negative consequences associated with H-1B non-compliance.

Nov
20

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Irena Juras Gets Dreamer her Green Card

Category: DACA, Dreamer, Green card, Green Card based on Marriage, Green card for Dreamer, immigration Attorney in phoenix, Immigration attorney Phoenix, Immigration lawyer Arizona, Immigration lawyer in phoenix, immigration lawyers phoenix, Legal permanent residency, Legal Permanent Resident Status, Marriage Green Card, Top immigration attorney, Undocumented immigrants

A woman that has been brought to the United States from Mexico when she was 3 years old (let’s call her the “Dreamer”) came to my office with her husband who is a U.S. citizen. They had been married for 2.5 years and have three children born in the United States. We discussed the Dreamer’s options and the Dreamer has decided to request the Consideration of Deferred Action for Childhood Arrivals (“DACA”). She had a high school diploma and met the residency and other requirements for DACA approval. DACA was approved and she received her work authorization. Then, we filed a petition with the Dreamer’s husband as the petitioner. The petition was accompanied by supporting documents sufficient to rebut the presumption of marriage fraud. The petition was approved. Meanwhile, the Dreamer’s mother in Mexico was seriously ill and we applied for advance parole to allow the Dreamer to travel to Mexico to visit her mother. The advance parole was approved and the Dreamer traveled to Mexico, visited and helped her mother and entered the United States legally. Once the Dreamer entered the U.S. legally and met all other requirements for legal permanent residency, we filed her green card application. The application processing time in Phoenix is now more than one year. Finally, we attended an interview with the Dreamer and her husband, the application was approved and her green card has arrived. It was nice to see the happiness in her eyes to finally feel relieved that at age of 31 after living in the United States for 28 years illegally in fear, she does not have to worry that she will be deported and taken from her family. She is very appreciative for my help in guiding her through this process!
If you are facing similar circumstances or know someone else facing similar circumstances, call the immigration attorney Irena Juras at 480-425-2009 or reach us via email to schedule a consultation to discuss how we can help you!

Nov
22

By

Attorney Irena Juras Obtains Green Card for Tennis Coach in 11 Days

Category: "Extraordinary Ability" Green Card, "Extraordinary Ability" Visa, Adjustment of status, Best immigration attorney, Best Investor visa attorney in Phoenix, EB-1 Visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Top immigration attorney

I love to play tennis, so I was very happy when a foreign-born successful tennis coach and a former Davis Cup reserve team member contacted me and retained me.   He had an O-1 visa and wanted to apply for his legal permanent residence (green card).   We applied under the first preference category (EB-1) and had to submit documentation evidencing that he, a nationally and internationally acclaimed tennis coach, meets at least three of the ten criteria required to establish his extraordinary ability in athletics, specifically tennis coaching.

1) We provided evidence of his original athletic contribution of major significance:

My client has extraordinary skills and abilities as both a tennis champion and a coach.  As a world-class tennis player from a young age, he has deep insight into the on and off court skills to physically and mentally challenge his students and improve their game.  He understands and is able to coach his students through the pressures of the court that come from winning and losing matches, keeping focused, traveling, interviewing, and team dynamics.  Consequently, he has been very successful at training and overseeing several national champions and highly ranked tennis players in various age groups and of both genders.  He developed numerous elite players and help them achieve top national rankings and win tournaments.

2) We provided evidence that my client performs in a leading role for an organization that have a distinguished reputation. The organization is a tennis academy with one of the most successful junior tennis development programs in the United States that were developing world-class athletes for a very long time.  As a world-level athletic development program, this tennis academy required extraordinary coaches who have the expertise to train high-performance players to achieve top national and international rankings.  As the academy high- performance head coach, my client has already contributed greatly to the academy’s program’s success by developing and managing elite players and leading them to impressive results.   My client is an integral part of the academy’s success as evidenced by numerous support letters and academy and his students’ accomplishments.

3) We provided evidence that my client received nationally and internationally recognized prizes and awards, specifically, his ATP and ITA ranking, tournament placements, and awards.

4) We provided evidence of his membership in associations which require outstanding achievement of their members, as judged by recognized national or international experts, specifically that he was a member of National Junior Tennis Team and Davis Cup reserve team member.

5) We also provided evidence of my client’s participation as a judge of the work of others, specifically as a chair umpire.

6) In addition, we provided evidence of published material about my client in professional or major sports publications.

7) Further, we provide evidence of his high salary in relation to others in his field

We had to also show that my client will continue his achievements in the area of tennis coaching and that the approval of the EB-1 petition will substantially benefit the U.S.  The U.S. will certainly benefit from my client’s coaching of U.S. tennis players to improve in their tennis careers, achieve highest rankings, win more Olympic medals for the U.S. and wins for the U.S. Davis Cup team.

Since the evidence clearly showed my client’s extraordinary ability in tennis coaching and that he has risen to the very top of his field and has sustained national and international acclaim, his petition was approved in just 11 days.

If you would like to discuss if you meet the criteria for an extraordinary ability green card, call the immigration attorney Irena Juras at 480-425-2009 or contact her via website TODAY!  We look forward to talking with you and helping you obtain your green card!

Feb
12

By

H-1B filing season approaches

Category: Best immigration attorney, H-1B, H-1B attorney in Phoenix, H-1B cap, H-1B filing deadline, immigration Attorney in phoenix, Immigration attorney Phoenix

It is now time for employers to start planning the H-1B petition filings for foreign national employees.  The U.S. Citizenship and Immigration Service will begin accepting H-1B petitions subject to the FY 2017 cap on April 1, 2016.  Beneficiaries of approved H-1B petitions will be eligible to start working on October 1, 2016, the beginning of the FY 2017.  While April 1 may appear to be away, it will be here sooner than you expect.

The H-1B visa category provides for the temporary employment of foreign nationals in “specialty occupations” for which at least a bachelor’s degree or its equivalent is required (for example, accountants, pharmacists, computer programmers, engineers, lawyers, teachers, and many other professions).

There is a cap of 65,000 visas per year plus 20,000 visas for workers who possess U.S.-earned masters or higher degrees.  It is expected, as in the previous years, that petitions received from April 1 to April 7 (the first five business days of April) will be considered in the H-1B “lottery” (computer-generated random selection process).  The lottery will select H-1B petitions, which will be accepted for adjudication.

As the economy improved and a large number of H-1B candidates is expected to apply this year, we advise employers to be proactive and move quickly to ensure their H-1B petitions are prepared and ready to be filed prior to April 1, 2016.  Keep in mind that prior to the filing of the H-1B petition, a labor condition application has to be certified by the Department of Labor and must be submitted with the H-1B petition.  For more information and help with your H-1B petitions, call us today at 480-425-2009 or contact us through our website!

Nov
21

By

President Obama Executive Order

Category: Best immigration attorney, DACA, Dreamer, Immigration attorney Phoenix, Immigration lawyer Arizona, Obama Executive Order, Top immigration attorney, Undocumented parents Tags: , ,

President Barack Obama has announced the most sweeping overhaul of the immigration system in decades to shield five million undocumented immigrants and prioritizing the deportation of “felons, not families.” The undocumented parents of U.S. citizens and legal permanent residents who have lived in the U.S. for five years or longer will receive work authorization for three years, as long as they pass background checks and pay back taxes. Deferred action is not a pathway to citizenship. It is not legal status. The undocumented parents will just not be a law enforcement priority.

Obama will also remove the upper age limit of 30 years old from a program known as Deferred Action for Childhood Arrivals or Dreamers that allows those brought illegally to the country as children to stay, offering relief to thousands of people.

If you have any questions regarding Obama’s Executive Order or think you may be eligible, please complete the contact form or call the Juras Law Firm, PLC at 480-425-2009 to speak with an experienced immigration attorney. An experienced Arizona immigration attorney is here to answer your questions and guide you through the process.

Nov
19

By

What Is a “Substantial” Amount of Capital for an E-2 Investor Visa?

Category: Canadian investors in Phoenix, E-2 attorney, E-2 visa, Immigration attorney Phoenix, Immigration lawyer Arizona, Investment visa, Investor visa, Investor Visa Attorney, visa for Canadians Tags: , , , ,

The E-2 investor visa provides an excellent opportunity for foreign nationals from countries that have treaties of commerce and navigation with the U.S. to come to the U.S. to develop and manage the operations of a business. A frequent question of foreign investors considering applying for an E-2 investor visa is: ‘What is considered a “substantial” investment?” Our immigration lawyers can tell you that, unlike the minimum investment requirement for an EB-5 investor visa (“green card”), which is $1 million or $500,000 in targeted employment areas, there is no set dollar amount that has to be invested in order to be considered “substantial” investment for E-2 visa purposes. A substantial amount of capital for E-2 purposes constitutes an amount that is substantial in the proportionality sense.

The proportionality test compares the total amount invested in the enterprise with the cost of either purchasing an established enterprise or creating a viable new enterprise. The lower the cost of the business, the higher the percentage of investment is required. On the other hand, a highly expensive business would require a lower percentage of qualifying investment. Thus, investments of 100 percent or a higher percentage would normally automatically qualify for a small business of $100,000 or less. On the other hand, an investment of $10 million in a $100 million business would likely qualify, based on the sheer magnitude of the investment itself.

The “substantial” investment has to be large enough to lead to the successful operation of the E-2 enterprise and must be more than marginal (must have the capacity to generate more than enough income to provide a minimal living for the investor and his family). What constitutes a substantial investment is different for different industries. If an investor wants to start a manufacturing business or any other capital-intense business, $100,000 will not constitute a substantial investment. However, $100,000 or a lower amount may be sufficient for service businesses. We have helped numerous foreign investors to get E-2 investor visas for a $100,000 investment in service businesses. We recently obtained an E-2 visa for a Canadian investor who purchased an existing service business in Arizona for $70,000. The U.S. Citizenship and Immigration Service has approved E-2 visas even for smaller investments. Our most recent case was an E-2 visa for a Canadian investor who purchased an Arizona retail business for $250,000.

If you are looking to invest in a business or enterprise in Arizona or anywhere throughout the United States, call the Juras Law Firm, PLC  in Scottsdale, AZ to speak with an experienced E-2 visa attorney. Call our office at (480) 425-2009 to schedule an appointment now! We understand that the visa application process is complex; an experienced Arizona E-2 visa attorney is here to answer your questions.

 

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