DISCLAIMER: THE INFORMATION IN THIS BLOG IS PROVIDED FOR GENERAL INFORMATION ONLY. THE OFFICE OF NORKA M. SCHELL, LLC AND/OR ITS MEMBERS AND/OR EMPLOYEES MAKE NO WARRANTY REGARDING THE ACCURACY OF THIS INFORMATION. WHILE SOME OF THE INFORMATION IS ABOUT LEGAL ISSUES, IT IS NOT LEGAL ADVICE.
March 14, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: HIZAM V. KERRY, 12-3810
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: HIZAM V. KERRY, 12-3810: By Norka M. Schell, NYC Immigration Business Lawyer Law Offices of Norka M. Schell, LLC www.lawschell.com The Department of State (DOS) ...
HIZAM V. KERRY, 12-3810
By Norka M. Schell, NYC Immigration Business Lawyer
Law Offices of Norka M. Schell, LLC
www.lawschell.com
The Department of State (DOS) has revoked a passport of a man who has lived in the United States since 1989 because the U.S. Embassy decided it has made a mistake by recognized his citizenship in the first place, and now the U.S. Court of Appeals for the Second Circuit on March 12, 2014 "reluctantly" said it was powerless to help Yemeni-born Abdo Hizam, who always believed he was a U.S. citizen until the DOS wrote him in 2011 and said it mistakenly issued a key document believing Hizam's father had been here long enough to confer citizenship on his son. To continue reading click here.
Law Offices of Norka M. Schell, LLC
www.lawschell.com
The Department of State (DOS) has revoked a passport of a man who has lived in the United States since 1989 because the U.S. Embassy decided it has made a mistake by recognized his citizenship in the first place, and now the U.S. Court of Appeals for the Second Circuit on March 12, 2014 "reluctantly" said it was powerless to help Yemeni-born Abdo Hizam, who always believed he was a U.S. citizen until the DOS wrote him in 2011 and said it mistakenly issued a key document believing Hizam's father had been here long enough to confer citizenship on his son. To continue reading click here.
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: APRIL 2014 BULLETIN VISA UPDATE
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: APRIL 2014 BULLETIN VISA UPDATE: Posted by Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 www.lawschell.com FAM...
APRIL 2014 BULLETIN VISA UPDATE
Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
www.lawschell.com
FAMILY SPONSORED PREFERENCES
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
www.lawschell.com
FAMILY SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 22FEB07 | 22FEB07 | 22FEB07 | 01NOV93 | 01NOV01 |
| F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
| F2B | 22OCT06 | 22OCT06 | 22OCT06 | 01MAY93 | 08JUN03 |
| F3 | 15JUL03 | 15JUL03 | 15JUL03 | 22JUN93 | 22FEB93 |
| F4 | 22NOV01 | 22NOV01 | 22NOV01 | 22NOV96 | 01OCT90 |
EMPLOYMENT BASED PREFERENCES
| Employment- Based |
All Chargeability Areas Except Those Listed
| China - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 08MAR09 | 15NOV04 | C | C |
| 3rd | 01OCT12 | 01OCT12 | 15SEP03 | 01OCT12 | 15JUN07 |
| Other Workers | 01OCT12 | 01OCT12 | 15SEP03 | 01OCT12 | 15JUN07 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | C | C | C | C |
March 13, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: H-1B FISCAL YEAR 2015 CAP SEASON BEGINS ON APRIL 1...
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: H-1B FISCAL YEAR 2015 CAP SEASON BEGINS ON APRIL 1...: By Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Phone (212)564-1589 Website: www.lawschell.com ...
H-1B FISCAL YEAR 2015 CAP SEASON BEGINS ON APRIL 1, 2014
By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Phone (212)564-1589
Website: www.lawschell.com
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized field, including but not limited to scientist, engineers, or computer programmers. The Fiscal Year (FY) 2015 Cap season begin on April 1, 2014.
When qualification is based on an alien filing a position in a specialty occupation, the position to be filled by the alien must required the services of someone who has the credentials for that specialty occupation. The requirement that an H-1B position be in a specialty occupation can be easily met in most cases because the position involved has already clearly been held by the Service to be in a profession (which is the definitional equivalent of a specialty occupation). In those cases, the employer needs to do little to document the nature of the position. This rule of thumb applies to the following positions: engineers, accountants, lawyers, scientists, librarians, psychologists, financial analysts, systems analysts, architects, teachers, professors, journalists, editors, technical publications writes, management consultants, market research analysts.
There are gray areas around the fringes of some of these occupational titles. For example, there may be "teaching" positions in some private schools or day-care settling that are not documented as specialty occupations. If the setting is marginally related to the traditional school environment, submission of some documentation that professional teaching credentials are required would be a good idea.
The employer must do more than simply name a job title from the above list expect that classification as specialty occupation will follow. The employer must state the degree requirement and also give a description of the job duties that makes it clear that the job title fits the actual duties to be performed by the alien. As long as the job duties described by the employer fit the job title of a specialty occupation, however, the employer in these cases should not need to submit any supporting documentation regarding the nature of the position.
For assistance with your H-1B non-immigrant visa petitions for FY 2015, please contact our office or visit our website.
Law Offices of Norka M. Schell, LLC
Phone (212)564-1589
Website: www.lawschell.com
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized field, including but not limited to scientist, engineers, or computer programmers. The Fiscal Year (FY) 2015 Cap season begin on April 1, 2014.
When qualification is based on an alien filing a position in a specialty occupation, the position to be filled by the alien must required the services of someone who has the credentials for that specialty occupation. The requirement that an H-1B position be in a specialty occupation can be easily met in most cases because the position involved has already clearly been held by the Service to be in a profession (which is the definitional equivalent of a specialty occupation). In those cases, the employer needs to do little to document the nature of the position. This rule of thumb applies to the following positions: engineers, accountants, lawyers, scientists, librarians, psychologists, financial analysts, systems analysts, architects, teachers, professors, journalists, editors, technical publications writes, management consultants, market research analysts.
There are gray areas around the fringes of some of these occupational titles. For example, there may be "teaching" positions in some private schools or day-care settling that are not documented as specialty occupations. If the setting is marginally related to the traditional school environment, submission of some documentation that professional teaching credentials are required would be a good idea.
The employer must do more than simply name a job title from the above list expect that classification as specialty occupation will follow. The employer must state the degree requirement and also give a description of the job duties that makes it clear that the job title fits the actual duties to be performed by the alien. As long as the job duties described by the employer fit the job title of a specialty occupation, however, the employer in these cases should not need to submit any supporting documentation regarding the nature of the position.
For assistance with your H-1B non-immigrant visa petitions for FY 2015, please contact our office or visit our website.
March 7, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: RECRUITING FOREIGN NATIONALS
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: RECRUITING FOREIGN NATIONALS: By Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Phone: (212)564-1589 Website: www.lawschell.com...
RECRUITING FOREIGN NATIONALS
By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Phone: (212)564-1589
Website: www.lawschell.com
Foreign nationals, including those who have been (and continue to be) legally present in the United States, are not all automatically authorized to work. Although some foreigner maintain visa statuses that allow them virtually unlimited authorization for employment, others are eligible to work only in certain types of jobs and for certain employers. For instance, H-1B members of a specialty occupation, J-1 exchange visitors, L-1A and L-1B intra-company transferees, O-1 aliens of extraordinary ability, and TN status professionals who are citizens of Canada or Mexico.
Foreign nationals in other visa classification, such as L-2, E-2, and J-2 for spouses of L,E,and J principals, may work provided they apply for, and renew periodically, an Employment Authorization Document from United States Citizenship and Immigration Services ("USCIS").
Students or recent graduates holding F-1 status may be eligible to apply for employment authorization in limited situations, but are not automatically entitled to begin employment without first being approved through the school by the USCIS.
Obtaining and maintaining an Employment Authorization Document takes time, employers and foreign nationals should expect to encounter costs and delays in the process.
For assistance with recruiting foreign nationals, please call my office at (212)564-1589.
Law Offices of Norka M. Schell, LLC
Phone: (212)564-1589
Website: www.lawschell.com
Foreign nationals, including those who have been (and continue to be) legally present in the United States, are not all automatically authorized to work. Although some foreigner maintain visa statuses that allow them virtually unlimited authorization for employment, others are eligible to work only in certain types of jobs and for certain employers. For instance, H-1B members of a specialty occupation, J-1 exchange visitors, L-1A and L-1B intra-company transferees, O-1 aliens of extraordinary ability, and TN status professionals who are citizens of Canada or Mexico.
Foreign nationals in other visa classification, such as L-2, E-2, and J-2 for spouses of L,E,and J principals, may work provided they apply for, and renew periodically, an Employment Authorization Document from United States Citizenship and Immigration Services ("USCIS").
Students or recent graduates holding F-1 status may be eligible to apply for employment authorization in limited situations, but are not automatically entitled to begin employment without first being approved through the school by the USCIS.
Obtaining and maintaining an Employment Authorization Document takes time, employers and foreign nationals should expect to encounter costs and delays in the process.
For assistance with recruiting foreign nationals, please call my office at (212)564-1589.
EMPLOYERS' NEED FOR A STRATEGY TO RECRUIT FOREIGN NATIONALS
By Norka M. Schell, NYC Business Immigration Lawyer
Law Offices Of Norka M. Schell, LLC
Tel. (2120564-1589
Website: www.lawschell.com
Although most employers have mastered the recruitment procedures required by the employment laws, few employers has put sophisticated procedure into place relative to recruitment of foreign nationals. United States employers that recruit or receive employment inquires from foreign nationals must master specific issues related to United States Citizenship and Immigration Services ("USCIS") employment authorization, export control licenses, and prohibitions against discrimination. Employers that want to avoid Department of Homeland Security ("DHS") employment authorization and export control issues by not hiring certain foreign nationals must implement sophisticated procedures that do not violate discrimination laws. Employers that decide to hire foreign national affected by DHS and export control requirements also must implement sophisticated procedures related to that hiring.
For questions with regard recruitment of foreign nationals and employment discrimination based on nationality, please contact my office at phone number (212)564-1589.
Law Offices Of Norka M. Schell, LLC
Tel. (2120564-1589
Website: www.lawschell.com
Although most employers have mastered the recruitment procedures required by the employment laws, few employers has put sophisticated procedure into place relative to recruitment of foreign nationals. United States employers that recruit or receive employment inquires from foreign nationals must master specific issues related to United States Citizenship and Immigration Services ("USCIS") employment authorization, export control licenses, and prohibitions against discrimination. Employers that want to avoid Department of Homeland Security ("DHS") employment authorization and export control issues by not hiring certain foreign nationals must implement sophisticated procedures that do not violate discrimination laws. Employers that decide to hire foreign national affected by DHS and export control requirements also must implement sophisticated procedures related to that hiring.
For questions with regard recruitment of foreign nationals and employment discrimination based on nationality, please contact my office at phone number (212)564-1589.
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: UPDATED VISA BULLETIN FOR MARCH 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: UPDATED VISA BULLETIN FOR MARCH 2014: Posted by Norka M. Schell, NYC Business Immigration Lawyer Law Offices Of Norka M. Schell, LLC Phone (2120564-1589 Website : www.lawsche...
UPDATED VISA BULLETIN FOR MARCH 2014
Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices Of Norka M. Schell, LLC
Phone (2120564-1589
Website: www.lawschell.com
Family-Sponsored Preferences
Employment-Based Preferences
Law Offices Of Norka M. Schell, LLC
Phone (2120564-1589
Website: www.lawschell.com
Family-Sponsored Preferences
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01FEB07 | 01FEB07 | 01FEB07 | 15OCT93 | 15AUG01 |
| F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
| F2B | 01SEP06 | 01SEP06 | 01SEP06 | 01MAY93 | 08JUN03 |
| F3 | 15JUN03 | 15JUN03 | 15JUN03 | 08JUN93 | 15FEB93 |
| F4 | 08NOV01 | 08NOV01 | 08NOV01 | 15NOV96 | 01SEP90 |
Employment-Based Preferences
| Employment- Based |
All Chargeability Areas Except Those Listed
| China - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 15FEB09 | 15NOV04 | C | C |
| 3rd | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| Other Workers | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | C | C | C | C |
February 19, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: DACA RENEWAL
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: DACA RENEWAL: Posted by Norka M. Schell, NYC Business Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212)564-1589 Website: www.lawsche...
DACA RENEWAL
Posted by Norka M. Schell, NYC Business Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212)564-1589
Website: www.lawschell.com
If you were granted deferred action for childhood arrival (DACA) prior to August 15, 2012, or if you
were granted DACA by U.S. Immigration and Customs Enforcement prior to August
15, 2012 or are a DACA recipient with an employment authorization document
(EAD) that will expire in the next 120 days, you must apply for DACA renewal to
avoid any lapse in your employment authorization or accrual of unlawful
presence in the United States.
For more information, please contact the Law Offices of Norka M. Schell, LLC at (212)564-1589 or visit the USCIS website at www.uscis.gov.
February 10, 2014
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MARCH 2014 VISA BULLETIN UPDATED
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: MARCH 2014 VISA BULLETIN UPDATED: Posted by Norka M. Schell, NYC Immigration Lawyer Law Offices of Norka M. Schell, LLC Tel. (212) 564-1589 www.lawschell.com FAMILY-SPO...
MARCH 2014 VISA BULLETIN UPDATED
Posted by Norka M. Schell, NYC Immigration Lawyer
Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
www.lawschell.com
FAMILY-SPONSORED PREFERENCES
Law Offices of Norka M. Schell, LLC
Tel. (212) 564-1589
www.lawschell.com
FAMILY-SPONSORED PREFERENCES
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01FEB07 | 01FEB07 | 01FEB07 | 15OCT93 | 15AUG01 |
| F2A | 08SEP13 | 08SEP13 | 08SEP13 | 15APR12 | 08SEP13 |
| F2B | 01SEP06 | 01SEP06 | 01SEP06 | 01MAY93 | 08JUN03 |
| F3 | 15JUN03 | 15JUN03 | 15JUN03 | 08JUN93 | 15FEB93 |
| F4 | 08NOV01 | 08NOV01 | 08NOV01 | 15NOV96 | 01SEP90 |
EMPLOYMENT- BASED PREFERENCES
| Employment- Based |
All Chargeability Areas Except Those Listed
| China - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 15FEB09 | 15NOV04 | C | C |
| 3rd | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| Other Workers | 01SEP12 | 01SEP12 | 15SEP03 | 01SEP12 | 01MAY07 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | C | C | C | C |
January 25, 2014
FEBRUARY 2014 VISA BULLETIN
Posted by NYC Attorney Norka M. Schell
Law Offices of Norka M. Schell, LLC - 11 Broadway, Ste. 615 - New York, NY 10004
Tel. (212)564-1589 - Website www.lawschell.com
FAMILY-BASED CATEGORY
EMPLOYMENT-BASED CATEGORY
Law Offices of Norka M. Schell, LLC - 11 Broadway, Ste. 615 - New York, NY 10004
Tel. (212)564-1589 - Website www.lawschell.com
FAMILY-BASED CATEGORY
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01JAN07 | 01JAN07 | 01JAN07 | 01OCT93 | 15AUG01 |
| F2A | 08SEP13 | 08SEP13 | 08SEP13 | 01SEP13 | 08SEP13 |
| F2B | 08JUL06 | 08JUL06 | 08JUL06 | 01MAY93 | 22MAY03 |
| F3 | 15MAY03 | 15MAY03 | 15MAY03 | 01JUN93 | 08FEB93 |
| F4 | 22OCT01 | 22OCT01 | 22OCT01 | 08NOV96 | 08AUG90 |
EMPLOYMENT-BASED CATEGORY
| Employment- Based |
All Chargeability Areas Except Those Listed
| China - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 08JAN09 | 15NOV04 | C | C |
| 3rd | 01JUN12 | 01JUN12 | 01SEP03 | 01JUN12 | 15APR07 |
| Other Workers | 01JUN12 | 01JUN12 | 01SEP03 | 01JUN12 | 15APR07 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Targeted EmploymentAreas/ Regional Centers and Pilot Programs | C | C | C | C | C |
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