https://www.dhs.gov/sites/default/files/publications/21_0120_enforcement-memo_signed.pdf
]]>Dear Client,
Last night, President Trump issued a “Proclamation” that suspends issuance of L-1 visas by U.S. Consulates abroad until after December 31, 2020. This was ostensibly done to “protect” American workers from foreign nationals who might take American jobs away if they are allowed to enter the United States during the pandemic. We know this reasoning is twisted logic, especially in your case where you have already created jobs for Americans with your U.S based company…and will be expanding opportunities much further for Americans when your L-1 visa is issued.
Our office is close to putting the finishing touches on your L-1 petition. Whether we can file the petition with USCIS when ready, get it approved, and wait for the moratorium to be lifted after December 31, or whether we have to wait and file the petition with USCIS after that date remains an unanswered question. Rest assured our firm is following this political issue very closely, and we will keep you advised as the situation evolves.
While we await further guidance from the Government on filing petitions for L-1 workers, please follow previous instructions so we can finalize the petition for filing with USCIS as soon as practicable. To reiterate, the Proclamation forbids U.S. Consulates abroad from issuing L-1 visas, however, it is silent on the issue of filing the L-1 petition with USCIS.
Thank you for your patience and cooperation during this difficult time.
The point here is that this foreign national is qualified for an L-1A managerial visa to open a business in the USA. He has been employed abroad for one year by his company, and now seeks to transfer himself to the USA to manage and direct his US company’s operations, a subsidiary of the business abroad, which already has 4 employees. His business plan calls for rapid expansion, following his success with his foreign company. The law has been on the books for nearly 50 years. This law is good for all Americans. This is good for America. It creates jobs, tax revenues and so much more. Yet President Trump says “no more L visas because it takes away opportunities from US citizens”. How do you figure that?
]]>“Best Lawyers was founded in 1981 with the purpose of highlighting the extraordinary accomplishments of those in the legal profession. After three decades, we are proud to continue to serve as the most reliable, unbiased source of legal referrals worldwide,” says CEO Phillip Greer.
Lawyers on The Best Lawyers in America list are divided by geographic region and practice areas. They are reviewed by their peers on the basis of professional expertise, and undergo an authentication process to make sure they are in current practice and in good standing.
Shane & Shane would like to congratulate the following lawyers named to 2020 The Best Lawyers in America list:
Evan J. Shane – Immigration Law
Michael Shane – Immigration Law
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The PM sets out how USCIS is updating its NTA policy to better align with enforcement priorities. The policy breaks down when the USCIS is to issue NTAs and referrals to ICE into eight subsections, including 1) national security cases, 2) NTA issuance required by statute or regulation, 3) fraud, misrepresentation, and abuse of public benefits cases, 4) criminal cases, 5) aliens not lawfully present in the U.S. or Subject to Other Grounds of Removability, 6) Special Circumstances for NTA issuance, 7) preservation of administrative review, and 8) exercise of prosecutorial discretion.
The PM is intended to further move the USCIS away from the intended purpose of it being the benefits-oriented section of the DHS and closer to another enforcement body. Now, more than ever, it is imperative that persons who are considering applying for immigration benefits consult with a board certified immigration attorney to review their case BEFORE applying for said benefits.
This aggressive new NTA policy ties the hands of USCIS, is a waste of USCIS resources, and turns the agency into another part of the deportation machine.
This new NTA policy is yet another brick in the invisible wall and sends another message to the world that immigrants are not welcome here.
Before filing any petition or application with the United States government, you should consult with a board certified immigration attorney at Shane & Shane to confirm your eligibility for the benefit you are seeking and to learn of the potential consequences if the benefit is denied.
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H-1B filing is only possible before the annual cap is reached. This visa category has an annual cap of 65,000 visas. Some workers are exempt from this cap, but you may find you only have a limited time to apply for an H-1B visa because of demand and the limited number of such visas available.
If you wish to work in the United States in a specialty occupation or on a Department of Defense (DOD) cooperative research and development project, you may need to file an H-1B visa. This visa category also applies to some fashion models and workers who provide services of exceptional merit.
There are specific visa categories within the H1-B:
To file, you must determine whether your employer must file Form I-129 and an LCA. If yes, your potential employer must first do so. Once Form I-129 has been approved, you can then visit a U.S. consulate or embassy in your home country to apply for an H-1B visa with the U.S. Department of State (DOS). Or you may be able to change your status without departing the U.S. You must also apply to U.S. Customs and Border Protection (CBP) to apply for admission into the U.S. if you leave to have the visa placed in your passport.
Filing an H1-B visa petition package is challenging. You may need to coordinate your petition with the additional filings required of your prospective employer. You may need to prove why your career and job qualifies you for the visa, which may include significant paperwork. You may need to have credentials verified or documents translated.
It is very important to hire an attorney because of the highly technical nature of an H-1B petition, and the cap. placed on this visa. If you make errors in your petition, you may not get a chance to apply again until the next fiscal year. The quota opens up starting April 1 of each year and the process of application can be complex, so an attorney is be needed to help you navigate it. The petition costs over $1,000 and has many conditions imposed on the process. An attorney can help navigate the petition process and can give you the best chance of success.
If you are looking for a lawyer for an H1-B petition package filing, contact Shane & Shane. Our attorneys and support staff have extensive experience with H-1B and other visa categories. In addition, we are honest and approach all clients with integrity and professionalism.
Since the attorneys at Shane & Shane understand the H-1B process, they can explain the complexities in plain language, helping you understand requirements fully. Our team prides itself on keeping clients up-to-date about these cases and on offering outstanding immigration advice. We are accessible and answer your emails and calls quickly. We offer a personal service and an attorney-client direct approach, meaning you are not shuffled off to support staff or placed on hold for hours. You are never treated like a number.
Since all our attorneys take part in continuing legal education, we are aware as soon as H-1B changes and caps are announced, ensuring we can always provide you with the most relevant information for your situation. Our diligent and caring team understand that you want to work and live in the United States, and we work with you as you pursue your goals. Contact us today for a consultation to find out how we can help with your H-1B filing.
]]>Furthermore, here in the United States, the are various pathways under the United States immigration laws that allow immigrants to become lawful permanent residents and eventually naturalized United State citizens. Some laws are more complicated than others, but in all cases, people must follow the proper legal procedures — regardless of their complexity — to have a successful outcome.
According to the Department of Homeland Security, which tracks data on immigration and naturalization, in January of 2014, it was estimated that 13.2 million lawful permanent residents — commonly known as “green card” holders — resided within the United States. Furthermore, 8.9 million of those residents were eligible for naturalization.
As a United States immigration law firm based in South Florida, we understand that foreign-born individuals are a crucial part of the fabric of this nation. You or someone you care about may be looking to immigrate to the United States, but how can they obtain a green card?
While the green card application forms are relatively standard, the legal requirements and procedures are quite confusing, complex and ever-changing. Unless you are relying on the most up-to-date laws and procedures, it is very easy to make mistakes, which will delay your application process and, depending on the seriousness of the mistake, cause it to be denied. It is extremely important to make sure you pay very close attention to detail throughout the entire process because once you apply, it will always be a part of your immigration file.
With that in mind, we have created the following outline of common immigration filing mistakes. With so much at stake, it is imperative that you or your loved ones do everything possible to ensure the application is filed properly the first time.
All too often, applicants fail to send in all their forms and documents. Doing so may seem simple enough, but in reality, immigration applications involve mountains of paperwork. With so many forms and supporting documents, it is easy to forget or misplace a crucial piece of evidence, thus leaving your application incomplete. If incomplete, the application may be rejected, delayed or even denied.
The bulk of your paperwork will not be limited to official forms. In addition to standard forms, you will also be required to submit what is called supporting evidence. This documentation, such as birth certificates, passports, marriage certificates and tax documentation, will be used to prove that you are in fact eligible for the benefit you may be seeking. If you are missing any supporting evidence, it will cause delays. You also need to pay close attention to the form of documentation that is being requested. Typically, copies of supporting evidence will be sufficient. However, in some instances, you will need to submit the original form or a certified copy issued by a government agency.
Nearly every form that is submitted to the U.S. Government for an immigration benefit requires the payment of a filing fee. The government will not even begin processing your paperwork unless it has the exact filing fee amount in United States currency made payable to the U.S. Department of Homeland Security. The filing fees change periodically, so it is very important to know how much the correct filing fee is and attach it to the filing. Without the correct filing fee, the application will be rejected.
Signing and sending checks for a lower (or even higher) amount will not be considered a “down payment.” The application will be rejected, and it will be mailed back to you.
For many immigrants, crucial documents such as birth certificates, marriage certificates and divorce decrees are likely to be written in a language other than English. All documents, including supporting evidence, must be submitted to the United States government with an English translation. All translations must include a certificate indicating that the person performing the translation is competent to translate from the foreign language into English and certify that the translation of the document is true and accurate to the best of the translator’s ability. The translator should include their name, address and phone number under the signature.
Many individuals feel that a friend or family member with conversational English skills can sufficiently translate documents. However, legal documents often involve words that are uncommon and, thus, may be foreign to even confident conversational English speakers.
It is possible for a family member with the requisite English translation skills to translate a document. However, if that is not possible, there are numerous professional translation services that can accurately translate documentation. It is critical for the translation to be accurate.
Unfortunately, forgetting to sign an application in the appropriate place happens.
Considering the length and complicated nature of many of the applications, failing to sign your document properly is easier than you might think. Depending on the application, there may be three or more places where a person must sign their name. On naturalization applications, for example, there is a place for the applicant to sign at the time of filing, a place for a translator to sign, a place for an attorney to sign and places where the applicant will need to sign at the time of the examination.
Also, in an adjustment of the status package for a green card, there are certain forms that are only signed by the Petitioner, only signed by the Beneficiary and only signed by a joint sponsor for the affidavit of support. An improper signature can cause major delays, and even result in the denial of a case. While you may sign on all the dotted lines, there is still a chance you are placing the wrong signature on that line.
Depending on your confidence, you can avoid this issue by double and triple checking your application materials. However, if you are worried about making a mistake, retaining a lawyer who is intimately familiar with the process can end up saving you time and money in the long run.
Many people wrongly assume that as long as their application is in progress, they do not have to renew their current non-immigrant immigration status. However, if your immigration status expires, it could cause eligibility issues for the green card. You may not be eligible to adjust your status in the United States.
Also, work permits and advance parole documents are usually only valid for one year. It is wise to apply to renew the work permit and advance parole four months before they expire. Re-entry permits are valid for up to two years, and sometimes only one year.
Additionally, green cards — unless they are conditional lawful permanent resident cards that are valid for only two years — are valid for 10 years. You should begin renewing your green card six months before its expiration. Processing times vary for the renewal of these documents, so it is important to file it as far in advance as possible.
Regardless of the thoroughness of your documentation, USCIS will be running a background check as a part of your application process. All applicants must assume that the U.S. Department of Homeland Security will know and find out about any criminal history an applicant may have. If you are not sure of your criminal history because it was so long ago or there are too many arrests to count, then an experienced immigration attorney can conduct a background check, request all records and provide you with a legal opinion on the criminal records’ potential immigration consequences.
If, after consulting with an immigration attorney, an application is filed, its success will be contingent on answering certain questions perfectly and providing the necessary documentation. An immigration attorney’s advice will be invaluable.
Even if you have a near perfect memory, it is still possible to accidentally get crucial information wrong on your application. Unfortunately, the USCIS does not easily accept “oops” as a defense.
Considering the high stakes involved in immigration and naturalization applications, it is all too common for individuals who provide incorrect information to try and pass it off as an honest mistake. Because of that, USCIS is extremely suspicious of any information that proves to be inaccurate or misrepresentative of the applicant.\
As mentioned above, a missing criminal record will likely be seen as intentionally hiding potentially damaging information. Incorrect dates or missing historical details will likewise be seen as evidence of someone purposefully misleading government officials.
That is why you need to double and triple check all the information included on your application and within your supporting evidence. If you arrived in the United States at the end of June and you list the beginning of July as your arrival date, that can potentially derail your application.
Immigration applications are incredibly complicated. It is easy to make a small mistake on an immigration application that ends up delaying the process.
That is why you need to work with people who know what they are doing and who are committed to working with you as a partner.
Unfortunately, an immigration application is not a learning experience where mistakes can become teachable moments. A misfiled or inaccurate application can have long-lasting consequences for you and your family.
While professional help may seem costly at first, the cost — both in time lost and additional fees — of misfiling an application can quickly exceed the cost of doing it right in the first place.
Additionally, there are scammers out there who are eager to take advantage of people desperate to become American citizens. They take advantage of those with language barriers and a lack of familiarity with the American government and its processes.
If someone is demanding payment upfront without a consultation or discussion of the specifics of your case, it is likely they are looking to take your money and run.
Here in Florida, immigration is common. In fact, according to the Migration Policy Institute, there were around four million foreign-born Floridians in 2015, which accounted for 20% of the state’s population.
Luckily, there are those who have both the experience and passion for getting the application process done right the first time.
Here at Shane & Shane in Fort Lauderdale, Florida, we are passionate about partnering with the many wonderful Floridians looking to continue living their lives in this great country. We know that the application process is complicated, and we are empathetic to the needs of Florida’s incredible immigrant community. We have the experience needed to get your application done right the first time, saving you both time and money. And we do it all with compassion, as we know that naturalization and green card applications can take an emotional toll as well as a financial one.
If you are ready to start filing your green card or naturalization application here in Florida, contact us today and get the immigration law help you need!
]]>Michael Shane of Shane & Shane was voted the best lawyer in Fort Lauderdale for Immigration Law. This recognition is added to an extensive list of Michael Shane’s accolades, which include being named a Florida Super Lawyer and being added to the 25th anniversary edition of the Best Lawyers in America in the specialty practice of Immigration Law.
To learn more about Michael Shane, view his bio here. To view the other Best Lawyers in South Florida, click here and navigate to page 14.
]]>“There is great fear and trepidation, 24-7. People are extremely worried, including naturalized citizens who have no reason to worry. They feel like this is not their country anymore.”
The article goes on to cite some immigration statistics:
• There are 11 million undocumented immigrants in the U.S.
• The concentration of immigrants in Florida is the fifth highest in the country
• 450,000 south Florida residents could be affected by new enforcement standards
Though President Trump says his expanded deportation policy is meant to weed out criminals, many immigrants living in south Florida are law-abiding citizens. Still, they are nervous.
Shane describes the reaction of many of his immigration clients and potential clients.
“In my office we have gone through boxes of tissues,” said Shane, an immigration lawyer in practice since 1978. “I’ve never seen anything like it.”
Many immigrants prepare for their possible deportation by making arrangements for their children in their absence. Others, of course, seek help from immigration legal experts. Although the current situation is alarming, there are possible legal remedies for many.
The number of immigrants without legal status makes a mass deportation effort cumbersome and time-consuming. There is time for most immigrants to exercise any legal recourse available to them. Deportation is not a foregone conclusion in most cases.