The coronavirus pandemic has caused a lot of anxiety. Among other worries, many workers are concerned that they won't be able to make ends meet and provide for their families. Many people are facing reduced hours or reduced pay or have even been laid off from their jobs.
How does this affect people with non-immigrant visas or other non-immigrant statuses who have employment authorization documents (EADs)?
When a natural disaster or other unforeseen event occurs, it can sometimes affect the processing of immigration requests. Currently, all U.S. Citizenship and Immigration Services (USCIS) offices are closed for in-person services, as is the Executive Office for Immigration Review in Sacramento. The Department of State is closing embassies and consulates around the world.
Emergency petitions are being heard. These may include special situations such as when people whose visas have expired are stuck in the U.S. due to travel restrictions or border closures. If you need help in a special situation, contact Yew Immigration Law Group for assistance.
If you have capital to invest in a U.S.-based business, you could qualify for an E-2 "treaty investor" visa. In order to qualify, you must be coming to the U.S. in order to:
Over the last few years, the process for obtaining an H-1B "specialty occupation" visa has become more challenging and less certain. The Trump administration has engaged in several policies that have reduced or eliminated eligibility for H-1Bs. Now, two judges have invalidated those policies.
Late last week, a three-judge panel of the 9th Circuit Court of Appeals ruled that the Trump administration's "remain in Mexico" policy for asylum seekers violates federal asylum law. Another policy was also ruled invalid: one disqualifying immigrants from asylum if they don't enter the U.S. legally.
"In both cases, the court found that the administration ignored Congress," said a lawyer for the ACLU, which represented the immigrants in both cases.
"This rule establishes that travel to the United States with the primary purpose of obtaining U.S. citizenship for a child by giving birth in the United States is an impermissible basis for the issuance of a B nonimmigrant visa," reads the State Department's summary of its new rule.
The B visa is available to temporary business visitors (B-1) and tourists (B-2) who come to the U.S. for business or pleasure.
The H-1B visa is a nonimmigrant visa that allows qualified people to live and work in the U.S. for a period of three years. The visa can usually be renewed for an additional three years, too, for a total of six years. Moreover, holders of H-1B visas can be accompanied by a spouse and minor children.
There are a limited number of H-1B visas available each year, and applications must be in by March 20, 2020. Now is the time to get started.
The Trump administration has made it harder for immigrants to apply for visas and green cards if they have accepted public assistance or seem likely to do so. People who have used certain types of public assistance could be considered a “public charge,” or a burden on the government, and can be denied visas or lawful permanent residency.
As we’ve discussed before on this blog, the administration has taken an existing rule and broadened it. The Immigration and Naturalization Act (INA) already limits visas and green cards to those considered a public charge.
SB 54, also known as the "California Values Act" or the "sanctuary state" law, was passed in an effort to promote public safety and effective policing and to protect people's constitutional rights. It was signed into law in 2017.
The major part of the law bans local law enforcement from cooperating with federal immigration agents. It also creates "safe zones" for immigrants around schools, hospitals and courts, meaning that no immigration actions can be taken against people as they are accessing these services.
Has your application for a U.S. visa been denied? There are several reasons this might happen.
To qualify for a visa, you must be eligible to enter the United States and meet all the requirements of the visa you apply for. Whether you meet the visa's requirements depends on the evidence you submit to the embassy or consulate, along with an interview with a consular officer.
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