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August 14, 2015

LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300


The U.S. District Court for the District of Colombia significantly curtailed        immigration benefits for foreign students in the United States on F-1 visas. In her opinion in the case Washington Alliance of Technology Workers vs. U.S. Department of Homeland Security, U.S. District Judge Ellen Segal Hovelled        invalidated USCIS’s 2008 17-month Optional Practical Training (OPT) extension rule. DHS argued that it had good cause to publish the regulation in 2008 as an emergency rule because thousands of highly skilled individual educated at U.S.
colleges and universities would otherwise have been forced to leave the U.S.  Judge Hovelled held that DHS failed to show it faced an emergency situation in 2008 that exempted it from carrying out the notice and comment requirement, 
thus making DHS’ rule invalid.

Judge Hovelled stayed her decision until February 12, 2016 because the “immediate vacatur of the 2008 Rule would be seriously disruptive” and “would force ‘thousands of foreign students with work authorizations . . . to scramble to depart the United States.’” 

Unless DHS passes a new rule this decision will adversely affect three key areas of business immigration:

1.  F-1 STEM work authorizations will stop being valid on February 12, 2016. This will affect both F-1 students who currently hold STEM OPT as well as individuals who would be eligible for STEM OPT as of February 12, 2016.
2.  H-1B/F-1 cap gap will no longer be automatic.  DHS will have to formally announce that the H-1B cap is met and then publish a notice in the federal register. This will result in uncertainty for both employers and F-1 students, as “cap Gap” protections will no longer be automatic but will instead depend on affirmative action by DHS.

3.  F-1 students will only be permitted to apply for work authorization while still in school; post- graduation applications will be no longer available.

The litigation continues and hopefully, STEM OPT will not be interrupted. 

August 8, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM: LAW OFFICES OF NORKA M SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 / (973)621-9300 Website: ...

SECURITY ENHANCEMENTS TO THE VISA WAIVER PROGRAM

LAW OFFICES OF NORKA M SCHELL BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com


Release Date: August 6, 2015 
For Immediate Release
DHS Press Office
Statement by Secretary Jehn C. Johnson on Intention to Implement Security Enhancements to the Visa Waiver Program
As I have said a number of times now, the current global threat environment requires that we know more about those who travel to the United States. This includes those from countries for which we do not require a visa. Additionally, United Nations Security Council Resolution 2178, adopted last September with our strong support, urges member nations to do more to address the growing threat of foreign terrorist fighters.
Today the U.S. government is taking a significant step toward these objectives.
Our Visa Waiver Program is a valuable program for lawful trade and travel with this Nation’s most trusted partners. Currently, there are 38 participants in the Program. There is more we can do to enhance the security of this valuable program.
Today I announce that the Department of Homeland Security and the Department of State, along with certain other federal agencies, will begin introducing a number of additional or revised security criteria for all participants in the Visa Waiver Program. These criteria will apply to both new and current members of the Program, and current Program members are being consulted about these changes.  
Most significant among the new security requirements: 
  • Required use of e-passports for all Visa Waiver Program travelers coming to the United States,
  • Required use of the INTERPOL Lost and Stolen Passport Database to screen travelers crossing a Visa Waiver country’s borders,
  • Permission for the expanded use of U.S. federal air marshals on international flights from Visa Waiver countries to the United States.
These security enhancements build on changes we made last fall, when we added additional data fields of information in the application (known as the Electronic System for Travel Authorization, or “ESTA”) of those seeking to travel to the United States with Visa Waiver passports.
The security enhancements we announce today are part of this Department’s continuing assessments of our homeland security in the face of evolving threats and challenges, and our determination to stay one step ahead of those threats and challenges. And, it is our considered judgment that the security enhancements we announce today will not hinder lawful trade and travel with our partners in the Visa Waiver Program. These measures will enhance security for all concerned.

July 31, 2015

ADEMO v. LYNCH



LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com 



A person who is granted asylum (often called an "asylee") has the immediate legal right to live and work in the United States.

While asylum is a relative secure immigration status to have in the United State, there are certain limitation and responsibilities which come with the status. 

Some asylees who who are applying fro a green card will have to submit additional paperwork along with their applications, for example, if an asylee has been convicted of certain crimes, or was forced to make misrepresentation in an initial visa application in order to escape persecution, that person must apply for a "waiver of inadmissibility" to qualify for lawful permanent resident status. Certain crimes and misrepresentation can legally bar a person from obtaining lawful permanent status, and in some instances can lead to revocation of a person's asylum status.  This is what happened to Mr. Ademo. 

Mr. Ademo travel from Etiopia, and entered the U.S. in 2002. He carried a valid Ehiopian passport and non-immigrant visitor's visa issued under the name of Hiko. Shortly thereafter, he sought asylum. He asserted that the Ehiopian government persecuted him on account of his political opinion, and that he had a well-founded fear of persecution if he were returned. Mr. Ademo claimed that he was detained and beaten because of his membership in ithe Oromo ethnic group and in retaliation for his support of an organization called the Oromo Liberation Front. Mr. Ademo admitted that he traveled under a false name and the Immigration Judge expressed concern about his testimony that he was allowed to leaved jail to take a school finishing exam during a period of alleged persecution, but granted he his application for asylum. In July 2006, however, newly discovered evidence relating to Mr. Ademo's identity. The Immigration judge granted the motion. Ultimately, the Board of Immigration Appeals denied Mr. Ademo application for asylum, withholding of removal, and protection under the Convention Against Torture. See Ademo v. Lynch, No. 13-2621 (8th Cir. 2015) decided on July 30, 2015.


July 24, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR AUGUST 2015: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: w...

VISA BULLETIN FOR AUGUST 2015




LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589 / (973)621-9300

Website: www.lawschell.com 



FAMILY-SPONSORED PREFERENCES

Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101NOV0701NOV07 01NOV0715NOV9415MAR00
F2A15DEC1315DEC1315DEC1301NOV1315DEC13
F2B15NOV0815NOV0815NOV0808APR95 22MAY04
F308APR0408APR0408APR0422APR9422AUG93
F401DEC0201DEC0201DEC0201MAR9715JAN92



EMPLOYMENT-BASED PREFERENCES

Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15DEC1301OCT08CC
3rd15JUL1501JUN0401JUN0415JUL1501JUN04
Other Workers15JUL1501JAN0401JUN0415JUL1501JUN04
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C01SEP13CCC

July 18, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589/ (973)621-9300 Website: www...

THE REASONS FOR EXPANDING THE VISA WAIVER PROGRAM




LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, NY 10004
Tel. (212)564-1589/ (973)621-9300

Website: www.lawschell.com 




WHY EXPAND THE VISA WAIVER PROGRAM:

VWP increases international visitation to the United States. Extending the Visa Waiver Program to strong candidates such as Brazil, Poland, Israel, Croatia and other select countries would:

Add 1 million additional visitors to the United States;

Add nearly $10 billion to the U.S. economy; and

Support nearly 60,000 additional American jobs.

Expansion will help local communities. Inbound international travel to the United States is America’s number one service export. Overseas visitors — i.e., international visitors other than those from our next-door neighbors Canada and Mexico — spend an average of nearly $4,500 per trip and generate tax revenue in communities across America without burdening local services, such as public schools and fire departments.

Expansion will support American jobs and economic growth.
International visitors:

Support 1.2 million American jobs, and

Add $180.7 billion annually to the U.S. economy.

Expansion will enhance U.S. security. Visa-free travelers to the United States are pre-screened and pre-approved for entry, resulting in enhanced border security and a more secure customs and entry process.

Expansion does not increase risk of overstay. The overwhelming majority of visa applicants from Brazil and other countries under consideration for Visa Waiver eligibility abide by the terms of their visas, and there is no reason to believe that VWP expansion would change that.

VWP is working. Expanding the program would increase its benefits. Visitors from 38 countries currently enjoy secure, visa-free entry into the United States. Updating the VWP eligibility requirements to allow visa-free entry for more travelers from countries closely allied to the United States, including Poland, Israel and Brazil, would boost U.S. economic growth and job creation.*1 













---------------------------------
1. See U.S. Travel Association Global Entry available at https://www.ustravel.org/government-affairs/international-policy-issues; Electronic System for Travel Authorization available at http://www.cbp.gov/travel/international-visitors/esta







July 13, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL BLOG11 Broadway, S...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: LAW OFFICES OF NORKA M. SCHELL BLOG
11 Broadway, S...
: LAW OFFICES OF NORKA M. SCHELL BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 Website: www.lawschell.com...
LAW OFFICES OF NORKA M. SCHELL BLOG

11 Broadway, Suite 615
New York, New York 10004
Tel. (212)564-1589
Website: www.lawschell.com 


Here is the Department of State summary of the availability of the immigrant numbers during the August 2015.


FAMILY SPONSORED PREFERENCES
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101NOV0701NOV07 01NOV0715NOV9415MAR00
F2A15DEC1315DEC1315DEC1301NOV1315DEC13
F2B15NOV0815NOV0815NOV0808APR95 22MAY04
F308APR0408APR0408APR0422APR9422AUG93
F401DEC0201DEC0201DEC0201MAR9715JAN92


EMPLOYMENT-BASED PREFERENCES
Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC15DEC1301OCT08CC
3rd15JUL1501JUN0401JUN0415JUL1501JUN04
Other Workers15JUL1501JAN0401JUN0415JUL1501JUN04
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C01SEP13CCC

July 5, 2015

Matter of Alcibiades Antonio PENA, Respondent


Decided June 16, 2015 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals


An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as seeking an admission and may not be charged with inadmissibility under section 212(a) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a) (2012), if he or she does not fall within any of the exceptions in section 101(a)(13)(C) of the Act, 8 U.S.C. § 1101(a)(13)(C) (2012). Matter of Koloamatangi, 23 I&N Dec. 548 (BIA 2003), distinguished.

VISA VALIDITY



LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 Broadway, Suite 615
New York, New York 10004

Tel. (212)564-1589


My old passport has already expired. My visa to travel to the United States is still valid but in my expired passport. Do I need to apply for a new visa with my new passport?
No. If your visa is still valid you can travel to the United States with your two passports, as long as the visa is valid, not damaged, and is the appropriate type of visa required for your principal purpose of travel. (Example: tourist visa, when your principal purpose of travel is tourism). Both passports (the valid and the expired one with the visa) should be from the same country and type (Example: both Uruguayan regular passports, both official passports, etc.). When you arrive at the U.S. port-of-entry (POE, generally an airport or land border) the Customs and Border Protection Immigration Officer will check your visa in the old passport and if s/he decides to admit you into the United States they will stamp your new passport with an admission stamp along with the annotation "VIOPP" (visa in other passport). Do not try to remove the visa from your old passport and stick it into the new valid passport. If you do so, your visa will no longer be valid.




June 19, 2015

Kerry v Din - Supreme Court Decision


Din petitioned to have her husband, Berashk, a resident citizen of Afghanistan and former civil servant in the Taliban regime, classified as an “immediate relative” entitled to priority immigration status. Din’s petition was approved, but Berashk’s visa application was ultimately denied. A consular officer informed Berashk that he was inadmissible under 8 U.S.C. 1182(a)(3)(B), which excludes aliens who have engaged in “[t]errorist activities,” but provided no further information. Unable to obtain a more detailed explanation, Din filed suit. The district court dismissed her complaint. The Ninth Circuit reversed, holding that Din had a protected liberty interest in her marriage that entitled her to review of the denial of Berashk’s visa and that the government deprived her of that liberty interest without due process when it denied Berashk’s visa application without providing a more detailed explanation of its reasons. The Supreme Court vacated and remanded, with Justices Roberts, Scalia, and Thomas concluding that the government did not deprive Din of any constitutional right entitling her to due process of law. Justices Kennedy and Alito found no need to decide whether Din had a protected liberty interest, because, even assuming she did, the notice she received satisfied due process. 

Date of this Opinion: June 15, 2015

June 13, 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JULY 2015 UPDATE

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JULY 2015 UPDATE: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 Broadway, Suite 615 New York, New York 10004 Tel. (212)564-1589 Website: www.la...

VISA BULLETIN FOR JULY 2015 UPDATE


LAW OFFICES OF NORKA M. SCHELL'S BLOG

11 Broadway, Suite 615
New York, New York 10004

Tel. (212)564-1589



The following is the summary of the visas numbers available for July 2015. 



FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. Citizens:  23,400 plus any numbers not required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents:  23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens:  23,400, plus any numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens:  65,000, plus any numbers not required by first three preferences.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available. (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.) 
Family-SponsoredAll Chargeability Areas Except Those ListedCHINA-mainland bornINDIAMEXICOPHILIPPINES
F101OCT0701OCT07 01OCT0715NOV9415MAR00
F2A08NOV1308NOV1308NOV1315SEP1308NOV13
F2B15OCT0815OCT0815OCT0808APR95 15MAY04
F315MAR0415MAR0415MAR0422APR9422AUG93
F422OCT0222OCT0222OCT0201MAR9708DEC91
NOTE:  For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15SEP13.  F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15SEP13 and earlier than 08NOV13.  (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.) 
5.  Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows: 
EMPLOYMENT-BASED PREFERENCES
First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.
Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.      
Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "*Other Workers".
Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.
Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.
On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.) 
Employment- Based
All Chargeability Areas Except Those Listed
CHINA - mainland bornINDIAMEXICOPHILIPPINES
1stCCCCC
2ndC01OCT1301OCT08CC
3rd01APR1501SEP1101FEB0401APR15U
Other Workers01APR1501JAN0601FEB0401APR15U
4thCCCCC
Certain Religious WorkersCCCCC
5th
Targeted
Employment
Areas/
Regional Centers
and Pilot Programs
C01SEP13CCC
U.S. Department of State June 9, 2015