San Jose Immigration Law Blog

USCIS struggles with insolvency, plans to raise immigration fees

On behalf of Yew Immigration Law Group, a P.C. posted in Immigration Law on Thursday, May 21, 2020.

The U.S. Citizenship and Immigration Services (USCIS) relies on application fees for 97% of its $4.8-billion budget. Now, immigration has dropped substantially, and the agency is asking Congress for a $1.2 billion cash infusion and the right to add a 10% surcharge to those applications it does receive.

A spokesperson for the agency told Congress that application fees may drop off by more than 60%, all told, by the end of this fiscal year, which is Sept. 30. Without the new money, he said, the agency will be unable to continue its operations within months.

In tech but missed out on an H-1B visa? Try an O-1 visa instead

On behalf of Yew Immigration Law Group, a P.C. posted in Temporary Work and Study Immigration on Monday, May 11, 2020.

People who work in STEM (science, technology, engineering and math) fields and want to work temporarily in the U.S. often try to get an H-1B "specialty occupation" visa. These visas are only available to a limited number of people each year, however, and they are issued on a lottery basis.

If you missed out on an H-1B visa, you may still have the opportunity to live and work in the U.S. on a non-immigrant basis using another type of visa. A good choice for technology and science candidates is often the O-1 "extraordinary ability" visa.

To whom does the presidential order suspending immigration apply?

On behalf of Yew Immigration Law Group, a P.C. posted in Immigration Law on Thursday, April 23, 2020.

Effective at midnight tonight (12:00 a.m. on April 24, 2020), President Trump has issued an executive order suspending certain types of immigration for 60 days. Although this may sound alarming, there are large categories of immigrants who are not affected at all.

The order applies to people who are currently OUTSIDE THE U.S. and who are seeking immigrant status (to live and work in the U.S. permanently).

It does not apply to those seeking non-immigrant status (a temporary immigration visa). However, the order leaves room for a modification in 30 days to address people seeking non-immigrant status.

People who are already INSIDE THE U.S. are not affected. Even if you have a family- or employment-based petition or a pending adjustment of status to permanent resident, you are in the clear from this order as long as you are INSIDE THE U.S.

Do you need an extension or change of status to remain in the US?

On behalf of Yew Immigration Law Group, a P.C. posted in Immigration Law on Thursday, April 23, 2020.

Due to the coronavirus pandemic, many people are in tough immigration situations. Were you on a work visa but lost your job? Is your non-immigrant visa status expiring? You may have had plans to leave the U.S., but now you're stuck because travel is not advised. Are you worried that sheltering in place in the U.S. will place you out of status?

At Yew Immigration Law Group, we have been answering questions like these for the last few weeks. Here we hope to provide some general guidance on your options. Keep in mind that your specific immigration history may impact your eligibility for the benefits we are discussing, so call us at 408-740-3474 for a one-on-one consultation about your specific situation.

Is your visa tied to your employer, but your job has changed?

On behalf of Yew Immigration Law Group, a P.C. posted in Employment Visas on Tuesday, April 14, 2020.

Recently, we've been getting a lot of questions about changing work conditions or terminations among people with visas that are sponsored by a specific employer. This can put you out of status, and you should take action as soon as possible to file an extension or change of status.

The most common visa types we handle that are tied to specific employers include:

H-1B
E-1/E-2
O-1
P-1
L-1
TN

Unemployment insurance benefits for those in non-immigrant status

On behalf of Yew Immigration Law Group, a P.C. posted in Immigration Law on Friday, March 27, 2020.

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)?

Are you facing an emergency immigration situation?

On behalf of Yew Immigration Law Group, a P.C. posted in Immigration Law on Friday, March 27, 2020.

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.

How do I quality for an E-2 treaty investor visa?

On behalf of Yew Immigration Law Group, a P.C. posted in Business and Investment Immigration on Thursday, March 19, 2020.

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:

Engage in substantial trade in qualifying activities, principally between the U.S. and a participating country, called a "treaty country"
Develop and direct the operations of an enterprise in which you have invested a substantial amount of capital

2 recent court decisions could ease H-1B approval process

On behalf of Yew Immigration Law Group, a P.C. posted in Temporary Work and Study Immigration on Tuesday, March 17, 2020.

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.

9th Circuit: 2 current anti-asylum policies violate US law

On behalf of Yew Immigration Law Group, a P.C. posted in Immigration Law on Wednesday, March 4, 2020.

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.