Profile cover photo
Profile photo
Karin Wolman
135 followers -
New York employment-based immigration lawyer focused on business, health, design & the arts
New York employment-based immigration lawyer focused on business, health, design & the arts

135 followers
About
Communities and Collections
Posts

Post has attachment
Foreign students and scholars will face new challenges in August 2018, when USCIS will implement a new policy that counts failure to maintain valid student visa status and unauthorized employment as triggers of unlawful presence. Unlawful presence is like being out of status but worse - voiding existing visas, removing the option to apply for a new visa anywhere but the home country, and triggering first a 3-year bar after 180 days, then a 10-year bar to readmission after a year of unlawful presence.
Add a comment...

USCIS will accept new petition filings subject to the annual H-1B cap for FY 2018 from April 3 to April 7, but will simultaneously suspend the availability of Premium processing (essentially a bribe to review the case quickly) for ALL H1B cases, including portability between employers and extension of stay requests. This is guaranteed to negatively impact the US business community and many foreign workers already employed in the United States, since adjudication of non-Premium H-1B petitions can routinely take 240 days or more.

Adding to the misery, under the Patriot Act, state motor vehicle authorities will not renew a foreign worker's drivers license unless the worker presents a currently-valid I-797A Notice of Approval from USCIS, so any H-1B workers whose employers have timely-filed extension requests could be stuck unable to drive, possibly for months. This will impact any company that has to extend status for existing H-1B employees, or whose contractors have H-1B employees, even if they file no cap-subject H-1B petitions this year. Those who need to drive to get to work may be in an untenable position.
Add a comment...

IF YOU PLAN TO TRAVEL ABROAD, OR KNOW SOMEONE WHO WILL:

1) In every interaction with any immigration official, give the shortest honest answer to every question asked of you: Don’t lie, don’t be evasive or give purposefully vague responses, & don’t go narrative unless your attorney advises you that there is a strong affirmative reason to give more than a minimum of detail.

2) If you are a US citizen or green card holder (“Lawful Permanent Resident”/”LPR”), you may find that your Global Entry privileges have been revoked. All travelers may be questioned much more extensively in Secondary Inspection than on previous trips when returning to the United States.
A) DO NOT refer to any residence abroad as “home,” the United States is your “home” so long as you want to keep your green card;
B) DO NOT sign an I-407 Record of Abandonment of Lawful Permanent Residence. If you are being pressured or coerced to sign it, demand to speak to your immigration attorney and your tax advisor FIRST. Tax consequences of expatriation are irrevocable as of when you sign the I-407. Regaining your green card after signing it is extremely difficult and may require litigation.
CBP can confiscate your mobile devices and may demand account usernames and passwords. Expressing any views critical of the POTUS in your text messages, email and social media feeds may lead to lengthy holds in Secondary Inspection. If you are a USC or LPR, you can refuse to provide your secure data unless served with a warrant, but then you must be prepared to spend many hours at the airport. Nonimmigrants may be refused entry and may face expedited removal for doing so (deportation w/o opportunity to go before a judge) and LPRs may face possibly lengthy detention for doing so- Demand to speak to your attorney. Be smart: If they ask questions about where you went and who you visited, give short honest answers, and phone numbers.
Best practice for security of your personal information is to leave all mobile devices at home; get a temporary burner phone at your destination, don’t bring it into the airport.

3) If you hold any temporary visa status, you may be legitimately questioned extensively in Secondary Inspection when returning to the United States. Especially for visitors and students, it is critical to understand the requirement of proving your ongoing “nonimmigrant intent,” and explaining the purpose of your visit which must be temporary, lawful & finite. In addition to describing the short-term plans for your stay in the US with specificity, you may also have to demonstrate that you have an unabandoned residence in your home country abroad and an intent to return there. This does not apply to H & L visa holders.


Add a comment...

Post has attachment
For anyone who needs a really SHORT comprehensive summary of what is in the three immigration-related Executive Orders of Jan. 25 & Jan. 27, please see my blog post on this topic at https://www.kwvisalaw.com/2017/01/27/the-executive-orders-on-immigration-so-far/

While several federal judges in New York, Virginia & Boston have already issued Temporary Restraining Orders preventing the government from deporting refugees and lawful permanent residents detained at US airports under these Executive Orders, the Department of Homeland Security has thumbed its nose at the courts, affirming that it intends to keep on enforcing the Executive Orders. The three branches of government are in active conflict.

Spread the word to everyone you know, especially US green card holders (lawful permanent residents) who were born in Iran, Iraq, Libya, Somalia, Sudan, Syria or Yemen - even if they are now citizens of another country. If present in the US, they must not travel abroad, as there is a serious risk they will not get back in. They should not under ANY circumstances allow themselves to be coerced into signing a Form I-407, declaration of intent to abandon permanent residence. If abroad and trying to get back in, or stuck in transit, including detained or possibly about to be detained at a US airport, whether they are a permanent resident, temporary visa holder, or refugee, reach out & provide the person's name & location to the ACLU. ACLU has teams of lawyers on the ground at airports worldwide.
Add a comment...

Post has attachment
Good news for self-petitioners seeking a National Interest Waiver, as the legal standard loosens for the first time since 1998.

https://www.kwvisalaw.com/2017/01/08/welcome-changes-to-the-national-interest-waiver/
Add a comment...

Tonight, Monday, November 7, 2016, from 7-9 PM at New York Law School, 185 Broadway, New York, NY 10013, the AILA NY Chapter Corporate Practice Committee (co-chairs, Karin Wolman & Cora-Ann Pestaina) is pleased to present a CLE panel on “L & E Visas: What, When & Where.“

The moderator will be Avram Morell, Partner, Pryor Cashman LLP, and panelists are Cyrus Mehta, Founder and Managing Partner of Cyrus D. Mehta & Partners PLLC; Neena Dutta, Principal Attorney, Dutta Law Firm P.C.; and Matthew Roy, Founder of the New Atlantic Management Group.

Mr. Roy will cover E visa basics, the Consular officer perspective, business plans, and corporate registration with the consulate. Mr. Mehta will cover L-1 visa basics, L blanket petitions and procedural concerns, hot topics and RFE trends in L adjudications. Ms. Dutta will cover substantive and procedural concerns to address when choosing between an L and an E visa.

2 Areas of Professional Practice CLE credits will be offered for this program – both transitional (suitable for newly admitted attorneys) and nontransitional (suitable for experienced attorneys).  To receive CLE credit, you must arrive by the start of the program and remain throughout the program (no exceptions).  The program is free for AILA New York Chapter members.  The cost for non-NY Chapter members is $75.
Add a comment...

Post has attachment
Merry Christmas from the Grinch! USCIS Fee Hike Effective Dec. 23, 2016

The Grinch is apparently alive and well, and working for the U.S. Department of Homeland Security. USCIS had warned the public back in May of a proposed increase to the Schedule of Filing Fees of roughly 40% across all types of benefit and application filing fees, but they stayed quiet for several months after the comment period had closed in July. On October 24, 2016, the Agency published a Final Rule making the new filing fee schedule effective right before Christmas.

For individuals and employers planning upcoming filings, here is a selection of what to expect for some common application and petition types. This may help to plan your budget for next year, since USCIS does not plan to publish the new Form G-1055, Schedule of Filing Fees, until the day it becomes effective, on December 23, 2016.

I-90, Application to Replace Permanent Resident Card: now $365, rises to $455

I-129, Petition for Nonimmigrant Worker: now $325, rises to $460

I-130, Petition for Alien Relative: now $420, rises to $535

I-140, Immigrant Petition for Alien Worker: now $580, rises to $700

I-485, Application to Adjust Status to Permanent Resident: now $985 for adults, $635 for children under age 14; rises to $1,140 per adult, $750 per child under 14

I-539, Application to Extend/Change Nonimmigrant Status: now $290, rises to $370

N-400, Application for Naturalization: now $595, rises to $640 for most applicants, but there is a reduced fee for applicants whose annual income is between 150% and 200% of the federal poverty limit.

The Biometric processing fee, required for many individual applications, remains $85.
Add a comment...

Post has attachment
State Department tango!

This week there seems to be a bit more stepping back than forward in the mysterious world of immigrant visa numbers. While final counting and allocation of visa numbers is within the purview of the Department of State, US Citizenship & Immigration Services gets to do some of the counting, since a significant number of both family- and employment-based immigrants, and even a few lucky folk immigrating under the Diversity Visa Lottery, are present in lawful status, and eligible to adjust their status to Permanent Resident within the United States. On Thursday, September 24, USCIS announced that it would halt adjudications of all employment-based applications for adjustment of status to permanent resident, as the annual quota had been met. This is not the great crisis it would seem to be, since the new federal fiscal year begins on October 1st: If you are an employment-based immigrant with a pending I-485 in a category that is current for final adjudication, and were dismayed by the news that your application could not be granted immediately, that bit of news means your application cannot be finished until next Thursday. One week. Big deal. Well, a second bit of news, this time from the Department of State, means it may indeed be a big deal for some people who had pending adjustment of status cases they thought were about to be approved, and for others who thought they were about to be eligible to file for adjustment of status.  This was supposed to be the big positive unveiling of the new bifurcated system, with one set of numbers for current-to-file, and a separate set of dates in each immigrant visa category listing those current-for-final-approval. As has occasionally happened before (remember July 2007?), the State Department seems to have miscalculated pretty badly when they first published the October 2015 Visa Bulletin on September 9th. Two weeks later, they seem to have taken another close look at their proprietary formula for the rate at which immigrant visas will be used in the different categories, and come up with a different set of numbers, per the brand new October Visa Bulletin, published on September 25th. Note the not-very-apologetic disclaimer, in which the State Department admits that after consulting with the Department of Homeland Security, they believe these new priority dates "better reflect a timeframe justifying immediate action." Apparently, they did not manage to schedule that chat with DHS prior to the September 9 publication of the initial October Visa Bulletin. Pity.
Add a comment...

Post has attachment
Brand New Visa Bulletin Format

Together, U.S. Citizenship & Immigration Services and the Department of State have announced revised procedures for determining immigrant visa availability, per a press release from USCIS. The new two-track system allocates one set of dates showing applicants whose priority date is Current-To-File, and a separate set of dates for already-pending applicants whose priority date is Current-for-Final-Approval. The new bifurcated system can be seen in the upcoming October Visa Bulletin, which provides two charts each for Family-Based and Employment-Based applicants. If you are not certain which chart applies, the Department of State provides a handy Priority Date Checker. This new system for allocating immigrant visa numbers will allow more people to file for adjustment of status or immigrant visas sooner, and this will mean they and their dependents can get unrestricted work authorization sooner. However, it may mean longer wait times for final green card approval, especially for those whose I-485 adjustment of status applications are already pending.
Add a comment...

Post has attachment
Changes of H-1B worksite or employer address to anywhere outside the original city are now a material change in terms of employment, and the risk of enforcement is higher for those who were never actually employed at the street address shown in the approved petition. This means more revenue for USCIS, more headaches for employers, and big trouble proving maintenance of visa status for H-1B workers whose employers won't file amended petitions when reassigning them to new worksites.
Add a comment...
Wait while more posts are being loaded