ohio-immigration-counsel

Matthew R. Porter Named 2021 Top Lawyer by Columbus CEO

Fri, 09 Jul 2021 20:56:06 GMT

We are proud to announce that Matthew R. Porter has been named to the 2021 Top Lawyers list in Columbus CEO magazine.

Columbus CEO partnered with Martindale-Hubbell to identify the area’s best attorneys. Mr. Porter was named to the Columbus CEO 2021 Top Lawyers list in Immigration Law . Congrats!

Porter Law Office, LLC is a highly specialized law firm that has been recognized for its dedication to excellence. Located in Columbus, Ohio, the firm serves the needs of a diverse, international client base. The firm has achieved unparalleled success in resolving complex tax and immigration issues that are unique to foreign nationals living in the U.S. and abroad.

We are an AV Rated boutique immigration and U.S. tax controversy law firm. According to Martindale-Hubbell , the AV Preeminent® rating is the highest peer rating standard. This rating is given to attorneys who are ranked at the highest level of professional excellence for their legal expertise, communication skills, and ethical standards by their peers.

Firm News: Univ. of Farmington H-1B Visa Approval

Wed, 20 Jan 2021 21:54:00 GMT

Porter Law Office, LLC helped a client obtain an H-1B visa approval in response to a Notice of Intent to Deny (“NOID”) on Form I-129 due to the client’s attendance at University of Farmington, a fake school created by ICE to persecute those involved with student visa fraud.

If you have not heard, University of Farmington was created by ICE and Homeland Security Investigations (“HSI”) as an operation to crack down on visa fraud in the F-1 context. Our client had attended Farmington in an effort to maintain valid F-1 status. The client’s H-1B visa was initially approved in 2018. An extension was filed in 2019, and the case remained pending for over a year. The case was upgraded to premium processing. Within 15 days, USCIS issued the NOID stating that due to enrollment at Farmington, the beneficiary was not initially eligible for H-1B status.

Contact Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. LL.M. to discuss difficult H1B cases.

University of Farmington NOID Factually Incorrect

Our office received the NOID and began due diligence. Upon review of the NOID, it was clear that USCIS made vital errors in the timeline of events. USCIS claimed that the beneficiary was in valid status at the time her initial I-129 was filed due to her attendance at University of Farmington. Although the client did attend Farmington, she did not do so until after filing the cap-subject I-129.

To be sure, our office began by reaching out to the HSI special agent who conducted the interview of the beneficiary. The special agent interviewed the beneficiary as part of the University of Farmington investigation. The agent was tasked with determining whether the beneficiary committed fraud. HSI provided the transcript of the interview, and to our surprise, the HSI agent indicated that the beneficiary committed no fraud.

Specifically, the agent stated that the beneficiary “is currently in status as an H1B, and it does not appear she committed fraud in applying for her H1B. The petition for H1B was submitted before her enrollment at University of Farmington. No further action is anticipated at this time.”

As a rule of thumb, always request primary evidence from the government. Make the request directly with the agent or indirectly through FOIA. The information you obtain from such request is invaluable to your case.

Our office utilized the agent’s report in our NOID response. When the I-129 was filed, the Beneficiary was residing in the U.S. in lawful, valid non-immigrant status. She was working pursuant to a grant of post-completion OPT. We cited the regulations at 8 C.F.R. 248.1(b), which provide that a change of nonimmigrant classification may be approved for an alien who maintained his or her status before the application was filed. USCIS has long deemed an alien to be within a period of stay authorized by the Attorney General (and not unlawfully present), if the alien has a filed a non-frivolous extension or change of status application with the Service Center and that application is still pending, provided that such application was timely filed, i.e., prior to the expiration of the Form I-94. See 3/3/00 Pearson memo .

We then summarized USCIS’s errors and requested that USCIS exercise adjudicative discretion and approve the case because the positive factors in the case clearly outweighed the negative. Our brief addressed the legal and factual basis for maintaining the prior H-1B visa approval.

USCIS ultimately agreed and issued the H-1B visa approval, but denied the extension of status request.

Consular Processing of H-1B Visa

As a result, the beneficiary returned to her home country to obtain a visa at the U.S. embassy. Our office provided the beneficiary with a detailed consular package that contained the original I-129 petition, the NOID response, and relevant adjudicative information. The embassy issued an approved H-1B visa stamp within a week of the interview. Exceptional news for the client who believed that this mistake would permanently end their stay in the U.S. We are proud to have been of assistance.

Beneficiary obtained H1B visa from U.S. consulate within about a week of her interview

This case highlights the importance of not conceding to USCIS’s claims. Often times, USCIS’s allegations and proposed denials can frighten a client into giving up. The lesson is simple. Just because the government makes a claim, no matter how damaging the claim may seem, it does not mean the claim is true. We will always fight for our clients. This case stands as a valuable confirmation of our efforts.

H1B Lawyer in Columbus, Ohio

H-1B Visa Attorney

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations, responding to RFEs and NOIDs, and appeals. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

What are the Discretionary Factors in Adjustment of Status Applications?

Wed, 18 Nov 2020 21:51:53 GMT

USCIS has updated its existing policy guidance in the USCIS policy manual regarding the discretionary factors that will be considered in adjustment of status applications. As a result, this is a good opportunity to discuss the privileges, rights, and responsibilities of lawful permanent residents and summarize the factors or factual circumstances for adjustment of status that officers consider when conducting a discretionary analysis.

If you are considering applying for a green card in the United States through the adjustment of status process (whether through employment or family), did you know that the the adjudicating officer has discretion on whether or not to approve your case? That is, you may be eligible and admissible yet still have a difficult time obtaining an approved case.

Porter Law Office, LLC specializes in family-based and employment-based adjustment of status cases . We fully understand the discretionary factors in adjustment of status cases and how to use them to obtain positive results. If you have any questions about a green card matter, contact us today to schedule a consultation .

What are the rights, privileges and responsibilities of green card holders?

Green card holders, also known as lawful permanent residents (“LPRs”) have significant rights, privileges and responsibilities under the law. These rights, privileges, and responsibilities are “meant to invoke a commitment to greater assimilation in the United States and offer a pathway to U.S. citizenship.” These privileges, rights, and responsibilities, as set forth in Volume 7, Chapter 1 of the USCIS Policy Manual , include:

Living permanently in the United States, provided the LPR does not commit any actions that would make the LPR removable under immigration law;
Working in the United States in any legal capacity of the LPR’s qualification and choosing;
Being protected by all laws of the United States, including state of residence and local jurisdictions;
Obeying all laws of the United States and localities;
Filing income tax returns and reporting income to the U.S. Internal Revenue Service and state tax authorities;
Supporting the democratic form of government of the United States (remember that LPRs cannot vote in federal elections. LPRs cannot vote in state or local elections unless otherwise permitted by state and local authorities);
Registering with the Selective Service, if male and age 18 through 25;
Petitioning for a spouse, unmarried children, and unmarried son(s) or daughter(s) to receive permanent residence; and
Applying for U.S. citizenship once eligible.

See also USCIS’s rights and responsibilities of a green card holder page . A U.S. citizen has a full bundle of rights, including being able to vote in federal, state, and local elections. LPRs do not have this right, but they do have many of the same bundle of rights conferred to U.S. citizens. This is why USCIS has an interest in granting approvals to only those applicants who warrant a positive grant of discretion in adjustment of status cases.

What is discretion in adjustment of status cases?

Given the significant privileges, rights, and responsibilities granted to LPRs, the adjudicating officer with USCIS must consider and weigh all relevant evidence in the record, taking into account the totality of the circumstances to determine whether or not an approval of an applicant’s adjustment of status application is in the best interest of the United States. See Matter of Buscemi, 19 I&N Dec. 628, 633 (BIA 1988). See Matter of Edwards, 20 I&N Dec. 191, 195 (BIA 1990). See Matter of Mendez-Moralez, 21 I&N Dec. 296, 300 (BIA 1996).

If there is no evidence that the applicant has negative factors present in his or her case, or if the officer finds that the applicant’s positive factors outweigh the negative factors such that the applicant’s adjustment is warranted and in the interest of the United States, the officer generally may exercise favorable discretion and approve the application. If the officer finds that the applicant’s negative factors outweigh the positive factors, such that a favorable exercise of discretion is not warranted in the applicant’s case, the officer must deny the application. See Matter of Arai, 13 I&N Dec. 494 (BIA 1970). See Matter of Lam, 16 I&N Dec. 432 (BIA 1978).

Below is a chart of the positive and negative discretionary factors that USCIS uses to adjudicate adjustment of status cases. This chart is reprinted from Policy Manual in Volume 7: General Policies and Procedures, Part A, Adjudications, Chapter 10, Legal Analysis and Use of Discretion. See 7 USCISPM A.10 .

Issue	Positive Factors	Negative Factors
Eligibility Requirements	Meeting the eligibility requirements for adjustment of status.	Not meeting the eligibility requirements may still be considered as part of a discretionary analysis.
Family and Community Ties	Family ties to the United States and the closeness of the underlying relationships. Hardship to the applicant or close relatives if the adjustment application is denied. Length of lawful residence in the United States, status held and conduct during that residence, particularly if the applicant began his or her residency at a young age.	Absence of close family, community, and residence ties.
Immigration Status and History	Compliance with immigration laws and the conditions of any immigration status held. Approved humanitarian-based immigrant or nonimmigrant petition, waiver of inadmissibility, or other form of relief and the underlying humanitarian, hardship, or other factors that resulted in the approval.	Violations of immigration laws and the conditions of any immigration status held. Current or previous instances of fraud or false testimony in dealings with USCIS or any government agency. Unexecuted exclusion, deportation, or removal orders.
Business, Employment, and Skills	Property, investment, or business ties in the United States. Employment history, including type, length, and stability of the employment. Education, specialized skills, and training obtained from an educational institution in the United States relevant to current or prospective employment and earning potential in the United States.	History of unemployment or underemployment. Unauthorized employment in the United States. Employment or income from illegal activity or sources, including, but not limited to, income gained illegally from drug sales, illegal gambling, prostitution, or alien smuggling.
Community Standing and Moral Character	Respect for law and order, and good moral character (in the United States and abroad) demonstrated by a lack of a criminal record and evidence of good standing in the community. Honorable service in the U.S. armed forces or other evidence of value and service to the community. Compliance with tax laws. Current or past cooperation with law enforcement authorities. Demonstration of reformed or rehabilitated criminal conduct, where applicable. Community service beyond any imposed by the courts.	Moral depravity or criminal tendencies (in the United States and abroad) reflected by a single serious crime or an active or long criminal record, including the nature, seriousness, and recent occurrence of criminal violations. Lack of reformation of character or rehabilitation. Public safety or national security concerns. Failure to meet tax obligations. Failure to pay child support. Failure to comply with any applicable civil court orders.
Other	Absence of significant undesirable or negative factors and other indicators of good moral character in the United States and abroad.	Other indicators adversely reflecting the applicant’s character and undesirability as an LPR of this country.

Before making a final decision on an adjustment of status case, the officer may ask the applicant directly why he or she warrants a favorable exercise of discretion. The officer documents the response, or lack thereof, in the record then makes a decision. To have the greatest chance of approval, your lawyer should analyze these discretionary factors before filing your case. That way, if USCIS has any questions, you will be ready to address them at your interview.

Immigration Lawyer in Columbus, Ohio

Obtaining Green Cards through Adjustment of Status

The experienced immigration lawyer at Porter Law Office, LLC is dedicated to assisting individuals and businesses navigate the complex adjustment of status process. Porter Law Office, LLC is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. If you need help with the adjustment of status process, or any other immigration issue, contact Columbus, Ohio immigration lawyer Matthew R. Porter today to discuss your options.

Firm News 2020 | USCIS Issues New H-1B Rules Impacting the H-1B Program

Thu, 08 Oct 2020 20:50:31 GMT

We recently wrote about USCIS losing a court case forcing it to rescind certain restrictive policy memos, including the 2010 Neufeld memo and 2018 Contract and Itinerary memo. The government has counterpunched and announced two new H-1B rules that will significantly impact the H-1B program.

New H-1B rules increase regulatory burden on employers and business immigration lawyers.

In other words, all the restrictive immigration policies that were rescinded are headed back to the playing field (with the exception of the itinerary requirement) with these new H-1B rules. These new rules are set to take effect in 60 days from the date published in the Federal Register . The Department of Labor also added a new rule that will significantly increase the prevailing wages for H-1B and PERM cases. The government states that these changes are necessary given the COVID-19 pandemic’s effect on the U.S. economy and unemployment rate.

A copy of the Dept. of Labor’s new rule can be found here . A copy of DHS’s new H-1B rules can be found here .

Contact Columbus, Ohio H1B lawyer Matthew R. Porter, Esq. LL.M. to discuss how these new rules may affect your H-1B case.

New H-1B Rules

Here is a list of the new rules set forth in DHS’s interim final rule:

Revising the regulatory definition of and standards for a “specialty occupation” to better align with the statutory definition of the term;
Adding definitions for “worksite” and “third-party worksite”;
Revising the definition of “United States employer”;
Clarifying how U.S. Citizenship and Immigration Services (USCIS) will determine whether there is an “employer-employee relationship” between the petitioner and the beneficiary;
Requiring corroborating evidence of work in a specialty occupation;
Limiting the validity period for third-party placement petitions to a maximum of 1 year;
Providing a written explanation when the petition is approved with an earlier validity period end date than requested;
Amending the general itinerary provision to clarify it does not apply to H-1B petitions; and
Codifying USCIS’ H-1B site visit authority, including the potential consequences of refusing a site visit.

These rules will certainly make it more difficult to obtain H-1B visas . Below is a comparison of the current form of the regulation to the regulation after the interim final rule takes effect. This is a summary of the new H-1B rules.

Current Regulation	New Interim Final Rule
8 CFR 214.2(h)(2)(i)(B) Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training and must be filed with USCIS as provided in the form instructions. The address that the petitioner specifies as its location on the Form I-129 shall be where the petitioner is located for purposes of this paragraph.	8 CFR 214.2(h)(2)(i)(B) Service or training in more than one location. A petition that requires services to be performed or training to be received in more than one location must include an itinerary with the dates and locations of the services or training. The itinerary must be submitted to USCIS with the Petition for a Nonimmigrant Worker, or successor form, as provided in the form instructions. The address that the petitioner specifies as its location on the Petition for a Nonimmigrant Worker must be where the petitioner is located for purposes of this paragraph (h)(2)(i)(B). *This paragraph (h)(2)(i)(B) does not apply to H-1B petitions.*
8 CFR 214.2(h)(4)(i)(B)(7) not in current regulation.	(7)(i) The information provided on an H-1B petition and the evidence submitted in support of such petition may be verified by USCIS through lawful means as determined by USCIS, including telephonic and electronic verifications and on-site inspections. Such inspections may include, but are not limited to, a visit of the petitioning organization’s facilities, interviews with the petitioning organization’s officials, review of the petitioning organization’s records related to compliance with immigration laws and regulations, and interviews with any other individuals or review of any other records that USCIS may lawfully obtain and that it considers pertinent to verify facts related to the adjudication of the H-1B petition, such as facts relating to the petitioner’s and beneficiary’s H-1B eligibility and compliance. An inspection may be conducted at locations including the petitioning organization’s headquarters, satellite locations, or the location where the beneficiary works or will work, including third-party worksites, as applicable. (ii) USCIS may conduct on-site inspections or other compliance reviews as described in paragraph (h)(4)(i)(B)(7)(i) of this section at any time after the filing of an H-1B petition. If USCIS decides to conduct a pre-approval inspection, satisfactory completion of such inspection will be a condition for approval of any petition. (iii) USCIS conducts on-site inspections or other compliance reviews to verify facts related to the adjudication of the petition and compliance with H-1B petition requirements. If USCIS is unable to verify such facts due to the failure or refusal of the petitioner or a third-party worksite party to cooperate in an inspection or other compliance review, then such failure or refusal to cooperate and allow USCIS to verify facts may result in denial or revocation of any H1B petition for H-1B workers performing services at the location or locations which are a subject of inspection or compliance review, including any third-party worksites.
8 CFR 214.2(h)(4)(ii) definition of employer-employee within definition of U.S. employer as “(2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee.”.	8 CFR 214.2(h)(4)(ii) Employer-employee relationship means the conventional master-servant relationship consistent with the common law. The petitioner must establish that its offer of employment as stated in the petition is based on a valid employer-employee relationship that exists or will exist. In considering whether the petitioner has established that a valid “employer-employee relationship” exists or will exist, USCIS will assess and weigh all relevant aspects of the relationship with no one factor being determinative. (1) In cases where the H-1B beneficiary does not possess an ownership interest in the petitioning organization or entity, the factors that USCIS may consider to determine if a valid employment relationship will exist or continue to exist include, but are not limited to: (i) Whether the petitioner supervises the beneficiary and, if so, where such supervision takes place; (ii) Where the supervision is not at the petitioner’s worksite, how the petitioner maintains such supervision; (iii) Whether the petitioner has the right to control the work of the beneficiary on a day-today basis and to assign projects; (iv) Whether the petitioner provides the tools or instrumentalities needed for the beneficiary to perform the duties of employment; (v) Whether the petitioner hires, pays, and has the ability to fire the beneficiary; (vi) Whether the petitioner evaluates the work-product of the beneficiary; (vii) Whether the petitioner claims the beneficiary as an employee for tax purposes; (viii) Whether the petitioner provides the beneficiary any type of employee benefits; (ix) Whether the beneficiary uses proprietary information of the petitioner in order to perform the duties of employment; (x) Whether the beneficiary produces an end-product that is directly linked to the petitioner’s line of business; and (xi) Whether the petitioner has the ability to control the manner and means in which the work product of the beneficiary is accomplished. (2) In cases where the H-1B beneficiary possesses an ownership interest in the petitioning organization or entity, additional factors that USCIS may consider to determine if a valid employment relationship will exist or continue to exist include, but are not limited to: (i) Whether the petitioning entity can hire or fire the beneficiary or set the rules and parameters of the beneficiary’s work; (ii) Whether and, if so, to what extent the petitioner supervises the beneficiary’s work; (iii) Whether the beneficiary reports to someone higher in the petitioning entity; (iv) Whether and, if so, to what extent the beneficiary is able to influence the petitioning entity; (v) Whether the parties intended that the beneficiary be an employee, as expressed in written agreements or contracts; and (vi) Whether the beneficiary shares in the profits, losses, and liabilities of the organization or entity
8 CFR 214.2(h)(4)(ii) Specialty occupation means an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor's degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.	8 CFR 214.2(h)(2)(ii) Specialty occupation means an occupation that requires: (1) The theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor, such as architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, or the arts; and (2) The attainment of a U.S. bachelor’s degree or higher in a directly related specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States. The required specialized studies must be directly related to the position. A position is not a specialty occupation if attainment of a general degree, such as business administration or liberal arts, without further specialization, is sufficient to qualify for the position. While a position may allow a range of degrees or apply multiple bodies of highly specialized knowledge, each of those qualifying degree fields must be directly related to the proffered position
8 CFR 214.2(h)(4)(ii) Definition of Third-Party worksite not in regulation	8 CFR 214.2(h)(2)(ii) Third-party worksite means a worksite, other than the beneficiary’s residence in the United States, that is not owned or leased, and not operated, by the petitioner.
8 CFR 214.2(h)(4)(ii) United States employer means a person, firm, corporation, contractor, or other association, or organization in the United States which: (1) Engages a person to work within the United States; (2) Has an employer-employee relationship with respect to employees under this part, as indicated by the fact that it may hire, pay, fire, supervise, or otherwise control the work of any such employee; and (3) Has an Internal Revenue Service Tax identification number.	United States employer means a person, firm, corporation, company, or other association or organization in the United States which: (1) Engages the beneficiary to work within the United States, and has a bona fide, non-speculative job offer for the beneficiary; (2) Has an employer-employee relationship with respect to employees under this part; and (3) Has an Internal Revenue Service Tax identification number.
8 CFR 214.2(h)(4)(ii) Definition of worksite not in current regulation.	Worksite means the physical location where the work actually is performed by the H-1B nonimmigrant. A “worksite” will not include any location that would not be considered a “worksite” for Labor Condition Application (LCA) purposes.
8 CFR 214.2(h)(4)(iii) Criteria for H-1B petitions involving a specialty occupation (A) Standards for specialty occupation position. To qualify as a specialty occupation, the position must meet one of the following criteria: (1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position; (2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree; (3) The employer normally requires a degree or its equivalent for the position; or (4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.	8 CFR 214.2(h)(4)(iii) (A) Criteria for specialty occupation position. A proffered position does not meet the definition of specialty occupation in paragraph (h)(4)(ii) of this section unless it also satisfies at least one of the following criteria: (1) A U.S. baccalaureate or higher degree in a directly related specific specialty, or its equivalent, is the minimum requirement for entry into the particular occupation in which the beneficiary will be employed; (2) A U.S. baccalaureate or higher degree in a directly related specific specialty, or its equivalent, is the minimum requirement for entry into parallel positions at similar organizations in the employer’s United States industry; (3) The employer has an established practice of requiring a U.S. baccalaureate or higher degree in a directly related specific specialty, or its equivalent, for the position. The petitioner must also establish that the proffered position requires such a directly related specialty degree, or its equivalent, to perform its duties; or (4) The specific duties of the proffered position are so specialized, complex, or unique that they can only be performed by an individual with a U.S. baccalaureate or higher degree in a directly related specific specialty, or its equivalent.
8 CFR 214.2(h)(4)(iii), subsection (C) does not exist in current regulation.	8 CFR 214.2(h)(4)(iii)(C) The petitioner must establish, at the time of filing, that it has actual work in a specialty occupation available for the beneficiary as of the start date of the validity period as requested on the petition. When a beneficiary will be placed at one or more third-party worksites, the petitioner must submit evidence such as contracts, work orders, or other similar corroborating evidence showing that the beneficiary will perform services in a specialty occupation at the third party worksite(s), and that the petitioner will have an employer-employee relationship with the beneficiary. In accordance with 8 CFR 103.2(b) and paragraph (h)(9) of this section, USCIS may request copies of contracts, work orders, or other similar corroborating evidence on a case-by-case basis in all cases, regardless of where the beneficiary will be placed.
8 CFR 214.2(h)(9)(i), subsection (B) does not exist in current regulation.	8 CFR 214.2(h)(9)(i)(B) Where the petition is approved with an earlier validity period end date than requested by the petitioner, the approval notice will provide or be accompanied by a brief explanation for the validity period granted.
8 CFR 214.2(h)(9)((iii) Validity. The initial approval period of an H petition shall conform to the limits prescribed as follows: (A)( 1 ) H-1B petition in a specialty occupation. An approved petition classified under section 101(a)(15)(H)(i)(b) of the Act for an alien in a specialty occupation shall be valid for a period of up to three years but may not exceed the validity period of the labor condition application.	8 CFR 214.2(h)(9)((iii) (A)(1) H-1B petition in a specialty occupation. The maximum validity period for an approved petition classified under section 101(a)(15)(H)(i)(b) of the Act for an alien in a specialty occupation is 3 years. However, where the beneficiary will be working at a third-party worksite, the maximum validity period for an approved petition is 1 year. In all instances, the approved petition may not exceed the validity period of the labor condition application.

DOL Increases Prevailing Wages for H-1B and PERM Cases

The DOL also significantly increased prevailing wages for H-1B and PERM cases. Unlike the DHS rule, this new rule will be effective on Oct. 8, 2020. These new rules change the minimum percentile level of the average wage for each wage level. The DOL has maintained the four tiered wage structure, but it has increased the percentile for each wage level significantly. Here is a summary:

Wage Level	Current Percentile	New Percentile
Level I	17	45
Level II	34	62
Level III	50	78
Level IV	67	95

These new rules will impact LCAs filed on or after Oct. 8 and prevailing wage determinations (PWDs) issued on or after or pending on Oct. 8.

According to the Economic Policy Institute , wage level I and II wages are currently well below the local median wage, and three-fifths of all H-1B jobs were certified at the two lowest wage levels in 2019. Thus, the increase in prevailing wages is an effort by DOL to level the playing field and protect wages and jobs for U.S. workers.

Expect lawsuits to challenge these new H-1B rules. Lately, USCIS has been enjoined by various courts across the country from imposing stringent immigration policies. Thus, we do not know how long these policies will be active. Porter Law Office, LLC will update our clients as new information is released.

H1B Lawyer in Columbus, Ohio

New H-1B Rules Significantly Impact H-1B Program

Contact Porter Law Office, LLC to discuss how these new H-1B rules may affect your case. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations governing the program. And the laws are changing. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations . We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

Good News | USCIS Rescinds Restrictive H-1B Policy Memos

Tue, 23 Jun 2020 20:48:46 GMT

On June 17, 2020, USCIS issued a new Policy Memo that rescinded two irritating H-1B Policy Memos

The 2010 Neufeld Memo (governing the employer-employee relationship in H-1B petitions) and the 2018 Contract and Itinerary Memo.

USCIS’s rescission of prior H-1B policy memos likely to result in decreased denials and less RFEs.

If you are an employer who utilizes H-1B workers to supplement your workforce, or if you are a business immigration lawyer, the rescission of these H-1B policy memos is as surprising as it is welcomed. While it will undoubtedly ease burdens on the H-1B program , the short-term effects may be limited by recent presidential actions suspending entry of H-1B non-immigrants, among other restrictions.

Contact Columbus, Ohio H1B lawyer Matthew R. Porter, Esq. LL.M. to discuss how the new Policy Memo may affect your H-1B case.

What does this mean?

The rescission of these restrictive H-1B policy memos came on the heals of a May 20, 2020 settlement that USCIS reached with ITServe Alliance. As part of the settlement, USCIS agreed to rescind the policy memo called “Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites, PM-602-0157, issued February 22, 2018.” Surprisingly, USCIS also rescinded the boogieman of all memoranda, the H-1B Neufeld Memo, issued January 8, 2010.”

The new guidance contained in the Policy Memo and the rescission of prior memoranda is effective immediately.

This new policy should certainly reduce denials and voluminous requests for evidence (“RFEs”) that the agency had been issuing in the past 10 years. Why? Because the government has used the 2010 and 2018 memoranda to make it more difficult on employers in obtaining clean H-1B approvals. While Congress is tasked with enacting such laws, USCIS took the initiative to restrict the H-1B program using these memoranda on its own. Fortunately, it appears the agency is on its way to cleaning this up.

Rescinding Prior H-1B Policy Memos Create Continuity in the Law

Perhaps the biggest problem with the prior policies was that USCIS took guidance from the 2010 Neufeld Memo to place significant burdens on the employer to prove a valid employer-employee relationship existed. The evidence requested by USCIS in RFEs to prove the employer-employee relationship went too far. Employers simply could not provide everything that was requested in large part due to industry standards and confidentiality.

For example, USCIS required an employer to prove that it met each of the factors under 8 CFR 214.2(h)(4)(ii). That is, the employer had to show that it could “hire, pay, fire, supervise, and otherwise control the work of” the H-1B employee. That was very difficult to prove in third-party placement H-1B cases. According to the new Policy Memo, the adjudicating officer is to consider whether the petitioner has established that it meets at least one of the “hire, pay, fire, supervise, or otherwise control the work of” factors with respect to the beneficiary. Thus, USCIS is acknowledging that it required more evidence that the regulations required.

H1B Lawyer in Columbus, Ohio

How Does Rescission of H-1B Policy Memos Affect Your Case?

Contact Porter Law Office, LLC to discuss how rescission of these two H-1B policy memos affects your case. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations governing the program. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

RFE and NOID Deadlines Extended by USCIS

Sat, 28 Mar 2020 21:47:18 GMT

RFE and NOID Deadlines Extended by USCIS

The coronavirus (COVID-19) pandemic has significantly affected U.S. Citizenship and Immigration Services (“USCIS”) operations.

USCIS extending RFE and NOID deadlines by 60 days

The most recent announcement from USCIS is meant to assist applicants and petitioners who are responding to RFEs and NOIDs. For applicants and petitioners who receive an RFE or NOID dated between March 1 and May 1, 2020, any responses submitted within 60 calendar days after the response date set forth in the RFE or NOID will be considered by USCIS before any action is taken.

The normally strict rule for responding to RFEs and NOIDs by the deadline has been relaxed by USCIS. The latest COVID-19 updates from USCIS can be found here .

The immigration lawyer at Porter Law Office, LLC specializes in assisting businesses and individuals with securing visas to work and live in the United States. Contact the experienced immigration attorney in Columbus, Ohio to discuss your visa options. Call (614) 428-2887 today.

H-1B Electronic Registration Process 2020 | Immigration Lawyer

Thu, 20 Feb 2020 21:45:47 GMT

H-1B Electronic Registration Process 2020

The H-1B electronic registration process is being touted by USCIS as a major step forward in streamlining the H-1B lottery process. But, is all the red tape worth the proposed benefit?

In principle, the H1B electronic registration process is a good idea. The old lottery system created waste. Streamlining this process is needed to reduce costs and create predictability for employers who rely on foreign nationals to fill employment needs.

After learning more about this process, the saying, “the best laid plans of mice and men often go awry” comes to mind. This article addresses the H1B electronic registration process, how to register, the fees involved, and explores some of the difficulties attorneys and their clients are likely to face.

Contact Columbus, Ohio H1B lawyer Matthew R. Porter, Esq. LL.M. to discuss the electronic registration process.

H1B Electronic Registration Process

If you are filing H-1B cap cases this year (calendar year 2020, which is actually the government’s fiscal year 2021), then you will be required to first electronically register and pay a non-refundable $10 fee for each prospective worker. Once selected, you can file your H-1B petition. Easy enough, right?

myUSCIS Online Account Creation

Before even getting into the registration process, the employer and attorney first need to create an online account on USCIS.gov. If you are an employer, you need to create a new “registrant” account that will be available starting Feb. 24. Your lawyer may already have an account. If not, they need to register as well.

The account setup process is not overly difficult. But it does require two-step authentication. So, you will need to enter a username and password, then obtain an access code via another source before being allowed to log in each time.

Registration Process

USCIS states that the registration process requires “only basic information about the prospective petitioner and each requested worker.” If the attorney completes the registration, they will need to add a client to their myUSCIS online account. Then, they need to start the registration form, add the company information, authorized signatory, then add beneficiaries. The attorney will electronically sign the form and then move to the G-28 phase.

Note that neither the attorney nor registrant (the employer) will be able to begin the registration until noon on March 1. The initial registration period is from March 1 to March 20.

Practice Pointer : Be careful, the deadline ends at NOON on March 20. Typically, government agencies allow until 11:59pm on the due date, but not in this case. The deadline is 12:00pm noon on March 20.

The G-28 Process

Once the attorney has filled out the registration(s) for you, he or she will need to submit a Form G-28. The G-28 process has several steps. The lawyer needs to fill out the form, sign it, then give a one-time passcode to the client. The client must use the passcode within 30 days to review, sign, and submit the G-28.

The signing of the G-28 will require coordination outside of the myUSCIS online account. The attorney will need to email the passcode. Then, the employer will need to receive it, login to their myUSCIS account, use the passcode, then sign and finalize the form. It seems that uploading a PDF version of a fully executed Form G-28 would have been a much simpler way to complete this part of the process.

Once the employer is finished with the G-28, the attorney will then need to log back into the system to pay for and officially submit the H1b electronic registration. Logistically, having the attorney pay for the registrations is not efficient. It creates the inconvenience of having to incur a pre-paid expense for the client then collect the expense at a later time.

Once the registrations are submitted, USCIS will conduct the lottery and will notify selected registrants by March 31. Only selected registrants will be able to file an H-1B cap petition. But, some registrants will remain in “Submitted” status until the end of the fiscal year. Registration will not reflect a status of “Not Selected” until the conclusion of the fiscal year. The only way a registration will be denied is if the employer files more than one registration for the same beneficiary. That will void all registrations.

Final Thoughts

A few final thoughts on the process. This is not a simple process. All of USCIS announcements have framed the process as being streamlined and efficient. It has a decent learning curve and only gives 20 calendar days to get everything done. The G-28 part of the process has too many steps. USCIS should allow for simple uploading of a fully executed G-28 as a PDF attachment.

Furthermore, remaining in submitted status until the end of the fiscal year puts the worker in limbo as to his options moving forward. Many potential H-1B beneficiaries are on OPT that expires in the summer and need to have solid plans to remain in status. Thus, USCIS needs to notify individuals who were not selected much earlier in the year.

Finally, the old lottery system required an employer to file a complete H-1B petition by April 1. That meant that the employer must have had non-speculative H-1B work available on April 1 for each beneficiary that it filed for. The new electronic registration process can be exploited by employers who do not formally have an assignment for the beneficiary. Once that worker gets selected, the employer has 90 days to file the H-1B cap petition. During that time, the employer can scramble to find a viable end-client. Thus, this process has a serious risk of increasing the amount of registrations for workers without valid client assignments. The nominal $10 non-refundable fee is not enough of a penalty for an employer who registers for a spot in the lottery without a valid work assignment. We will see how much of a problem this actually creates.

H1B Lawyer in Columbus, Ohio

H-1B Electronic Registration Assistance

If you need help registering H-1B workers, contact Porter Law Office, LLC. The H-1B visa process is complex. In addition to the H1B electronic registration process, there are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations and H1B electronic registration. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

USCIS Announces H-1B Pre Registration Procedures for Upcoming Cap Season

Fri, 10 Jan 2020 21:43:58 GMT

USCIS Announces H-1B Pre Registration Procedures for Upcoming Cap Season

On January 9, 2020, USCIS formally announced the implementation of the H1b pre registration process for FY2021 cap-subject petitions.

USCIS published a notice in the Federal Register announcing the implementation of the H-1B pre registration process for cap-subject petitions. The H1B pre registration period will begin on March 1, 2020 and will conclude on March 20, 2020. This means that starting on March 1st, USCIS will require H-1B cap-subject petitioners (including advanced degree exemption petitions) to first register electronically with USCIS and pay the $10 H1B pre registration fee before being eligible to properly file an H-1B cap-subject petition for FY2021.

USCIS will announce details of this process on USCIS.gov. The H-1B visa program is constantly changing.

Contact Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. LL.M. to discuss how you can best plan your H-1B petition this year.

H1B Pre Registration Selection

Petitioners will be required to create an online account and register their H-1B employees. USCIS will provide step-by-step instructions on its website as the filing date approaches. Petitioners will be able to register multiple individuals in a single online session. Only one registration per beneficiary, however, will be allowed each fiscal year. If you register a beneficiary more than once, all of your registrations for that beneficiary will be deemed invalid.

Here’s how this will work per USCIS’s announcement:

USCIS will send notices electronically to all registrants with selected registrations that they are eligible to file an H-1B cap-subject petition on behalf of the individual named in the notice within the filing period indicated on the notice. See 8 CFR 214.2(h)(8)(iii)(C). The notifications will be added to registration accounts. The account holder who submitted the selected registration will receive notification via email or text message stating that an action has been added to their account, and they will have to log in to see the full notice. USCIS intends to notify registrants with selected registrations from the initial registration period no later than March 31, 2020.

Federal Register Part V.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Representation

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations and H1B pre-registration. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

H1B News 2019: USCIS Imposes Nonrefundable $10 H1b Pre-Registration Fee

Fri, 08 Nov 2019 21:42:52 GMT

On November 7, 2019, USCIS announced a final rule that it will require a non-refundable $10 H1b pre-registration fee for each cap-subject petition.

For the upcoming cap-season, USCIS will be rolling out an electronic registration system for certain H-1B petitions. Once implemented, USCIS will require petitioners seeking to file H-1B cap-subject petitions to pay a $10 fee for each electronic registration they submit to USCIS. USCIS states that the H1b pre-registration fee is part of an “agency-wide effort to modernize and more efficiently process applications to live or work in the United States.” The final rule is effective December 9, 2019, and the fee will be required when registrations are submitted.

Porter Law Office, LLC is an AV rated boutique law firm that helps businesses and individuals file H-1B visa petitions . If you need help securing an H-1B visa, contact our office today .

What to Expect

USCIS is testing the system so that it can be implemented in the upcoming FY2021 H-1B cap season. Expect USCIS to announce the implementation timeframe and initial registration period in the Federal Register once a formal decision has been made. USCIS states that the public will receive ample notice of its implementation of the H1b pre-registration procedures. For now, plan to pay an extra $10 for each cap-subject petition you expect to file. Stay tuned for future updates on this requirement.

H1B Pre-Registration Fee for Cap-Subject Petitions

The H-1B visa allows a U.S. employer to temporarily hire foreign workers to perform services in a specialty occupation . Once the electronic registration system has been fully implemented, U.S. employer petitioners seeking to file H-1B cap-subject petitions—including those eligible for the advanced degree exemption—will first have to electronically register with USCIS during a designated registration period. This requirement was suspended last cap season, so we can only assume the agency will work to ensure it is fully implemented this year.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Representation

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations and H1B pre-registration. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

H1B News 2019: USCIS Resumes Premium Processing for All H-1B Petitions

Tue, 12 Mar 2019 21:41:28 GMT

H1B News 2019: USCIS Resumes Premium Process ing for All H-1B Petitions

U.S. Citizenship and Immigration Service (“USCIS”) announced that on March 12, 2019 it will resume H-1B premium processing for all H-1B petitions.

If your pending petition has been transferred to different service center and you wish to request premium processing service, you must submit the premium processing request to the service center now handling the H-1B petition. Include a copy of the transfer notice with the request for premium processing to avoid USCIS delays.

Porter Law Office, LLC is a highly specialized, AV rated law firm in Columbus, Ohio. We have helped numerous clients obtain approved H-1B visas . Call us today to discuss your case.

What does this mean?

This means that premium processing is now available for all types of H-1B petitions. If you received a request for evidence (“RFE”) for a pending petition, you should include the RFE response with the premium processing request.

How to request premium processing?

A petitioner may file the request for premium processing together with the initial I-129 extension, or it may perform an H-1B premium processing upgrade by filing the I-907 for a previously filed case.

A request for premium processing is made on Form I-907 . The filing fee has recently increased from $1,225 to $1,410 (fees change frequently so check USCIS.gov for most up to date fee information). If you use the premium processing service, USCIS guarantees 15 calendar day processing . If USCIS fails to adjudicate the case in 15 calendar days, it will refund the $1,410 premium processing fee. If the fee is refunded, the relating case will continue to receive expedited processing.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Representation

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

USCIS Reverses Selection Order Under H1B Visa Lottery 2019

Wed, 30 Jan 2019 21:39:38 GMT

USCIS is officially reversing the order in which H-1B visa are selected under the H1b visa lottery 2019.

USCIS rule change means individuals with U.S. master’s degree have a greater chance of selection in H1B visa lottery 2019.

Starting April 1, 2019 , USCIS will first select H-1B petitions for all beneficiaries, including those eligible for the advanced degree exception (that is, the “master’s cap”). USCIS will then select from the remaining eligible petitions to reach the master’s cap.

USCIS will begin accepting H-1B cap petitions for FY 2020 on April 1, 2019. The reverse selection order will apply to petitions filed for the FY 2020 H-1B cap season. It is anticipated that the new rule will result in 5,340 more H1b visa selections for workers with at least a U.S. master’s degree.

We help individuals and businesses to secure H-1B visas for their workforce. If you have questions, contact our office today .

As stated by the Department of Homeland Security (“DHS”):

Changing the order in which USCIS counts these allocations will likely increase the number of petitions for beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected under the H-1B numerical allocations. Specifically, the change will result in an estimated increase of up to 16% (or 5,340 workers) in the number of selected petitions for H-1B beneficiaries with a master’s degree or higher from a U.S. institution of higher education.

DHS received enough public feedback to suspend the electronic registration requirement for the upcoming cap season. Look out for this requirement in next year’s cap season.

These changes are in step with the administration’s Buy American Hire American executive order, which seeks to, among other things, ensure that H-1B visas are awarded to the most skilled or highest-paid beneficiaries.

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

H1B 2019 | New Lottery Rules, Changes, and FAQs

Mon, 14 Jan 2019 21:38:45 GMT

H1B 2019 | New Lottery Rules, Changes, and FAQs

This article explains the H1B 2019 changes and proposed rules affecting the program. Premium processing is suspended, there are new LCA requirements, and the lottery selection process may be changing.

New H1B 2019 rules, changes, and issues to consider.

The H1B visa is a highly sought-after immigration category. Qualified foreign nationals use the visa to build a career and life in the United States. The visa provides a path to a green card. It is given to individuals who work in a specialty occupation . A specialty occupation is one that requires highly specialized knowledge and skills and a bachelor’s degree (or foreign equivalent) in a specific field of study. Typical specialty occupations in the H1B visa category include: computer systems analysts and programmers, physicians, dentists, professors, engineers and accountants.

Obtaining H1B visas for foreign nationals has become more difficult under the current administration’s “Buy America, Hire American” executive order signed in April of 2017. There are several other initiatives made to the H1B 2019 program to consider as part of your company’s H1B filing preparation.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing H1B visas. If you need assistance with an H-1B visa, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

No Premium Processing

USCIS has announced an expanded suspension of premium processing. The expanded temporary suspension applies to all H-1B petitions filed at the Vermont and California Service Centers (excluding certain cap-exempt filings). The suspension of premium processing is being extended through an estimated date of Feb. 19, 2019. USCIS has not indicated whether premium processing will be available for cap-subject petitions for this coming season. If recent history is any guide, then do not count on utilizing the premium processing service this upcoming cap season.

New LCA Requirements

In a stated effort to protect American workers , confront fraud, and increase transparency, the Office of Foreign Labor Certification (“OFLC”) revised the Labor Condition Application (“LCA”) information collection. As of November 19, 2018, the new version of the LCA must be used. The revisions include the ETA Form 9035/9035E, Labor Condition Application for Nonimmigrant Workers, for H1B, H1B1, and E-3 Nonimmigrants. The ETA Form 9035/9035E is used in the Department of Labor’s (“DOL”) employment-based temporary immigration programs to request permission to bring foreign workers to the United States as nonimmigrants to perform certain work in specialty occupations.

As of November 19, 2018, the LCA requires the full legal name of the end-client in an H-1B visa petition.

The most significant change on the LCA is the requirement to include the name of the end-client (or secondary entity). This does not pose a significant burden on the drafting of the LCA as the end-client name and information should be well known prior to filing the H1B vsia. The risk, some argue, is that the media or anti-immigration groups may target U.S. employers after discovering the identify of those end-client companies as LCA’s are available to the public online . Practically speaking, however, the risk may be more paranoia than anything.

Proposed Changes to Lottery Selection Process

On November 30, 2018, Department of Homeland Security (“DHS”) announced a proposed rule that would require H1B petitioners seeking to file H-1B cap-subject petitions to first electronically register with USCIS during a designated registration period. Under the same proposal, USCIS would also reverse the order it selects H-1B petitions under the H-1B cap and the advanced degree exemption. The proposed rule would likely increase the number of beneficiaries with a master’s or higher degree from a U.S. institution of higher education to be selected for an H-1B cap number.

USCIS has not yet provided detailed instructions on how to comply with the new rules, or whether this proposal will be delayed until next year. Based on a seemingly rushed timeline for implementation, do not hold your breath for this change to materialize this year.

Prepare for H1B 2019 Cap Season

There are significant changes to consider when filing for a H1B 2019. But, there have been no Congressional amendments or revisions to the substantive laws implementing the program. As a result, old fashioned preparation can still help win the day. Below are some best practices and filing strategies to help you successfully navigate the H1B 2019 process.

Get Started Early – This is something you should be doing every year. To prepare for the H-1B cap season (which is a lottery system), you must start early. From a practical standpoint, starting early helps you obtain solid evidence, draft better position descriptions, and identify any potential issues that may arise in the H-1B process. Remember, haste makes waste. So start early to increase your chances of filing an successful petition.
Notify Immigration Counsel – This should be done in January, if not earlier. In fact, it is the first thing you should do when starting your H-1B application. Have your counsel set a timetable, evidentiary goals, and reminders to ensure your H-1B cap petitions are filed timely and accurately.
Evidence Required By February – In February, you should have all employer information ready to be reviewed by counsel. The evidence required will relate to the legitimacy of your company and that is it is currently engaged in an active business. USCIS will need this in order to allow your company to sponsor a foreign national for employment. You should also have all potential H-1B candidates identified and be ready to submit their information to counsel. Your attorney will review their H-1B eligibility and discuss with you any potential concerns with their case.
Draft Job Descriptions – Once you have identified good candidates, you should immediately start drafting solid job descriptions. Many H-1B visa denials have been issued because the employer drafts the job duties too generally. Copying duties from the Occupational Outlook Handbook (“OOH”) is bad as well. USCIS uses the job description to determine your worker’s eligibility. It is a major component of the case and needs started very early on in the process. Benchmark for completion should be end of February.
Labor Conditions Application (“LCA”) – In early-March, ensure that your counsel has sufficient information to draft the internal posting notices. This now includes the full legal name of the end-client. This work needs done before submitting the LCA. Further, this is when you will need to discuss the wage levels for your candidates. The Level I wage has created adjudication issues after the USCIS Guidance Memo on H1B Computer Related Positions found here . In addition, the LCA takes seven to 14 calendar days to be certified by the Department of Labor (“DOL”). If you file the LCA on March 30th, you will not be able to file the H-1B petition on the first day of the cap season.
Ready to File – By March 15, your immigration counsel should have all evidence, forms, support letters, public access files, needed to finalize each H-1B petition. This will ensure that your H-1B visa petitions are ready to be submitted timely to be received by USCIS on April 1. You should always check USCIS.gov regularly for updates to confirm the actual open date.

Contact the H-1B visa lawyer in Columbus, Ohio to discuss your H-1B visa case.

The business immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including H-1B visas. If you need assistance with an H-1B visa, or have H1b visa lottery questions, contact the H-1B visa lawyer at Porter Law Office, LLC in Columbus, Ohio today.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Representation

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

USCIS Clarifies L1 Visa Requirements for One-Year Foreign Employment

Fri, 14 Dec 2018 21:34:35 GMT

USCIS Clarifies L1 Visa Requirements for One-Year Foreign Employment

USCIS recently issued an L-1 policy memorandum (“PM”) clarifying the one-year foreign employment L1 visa requirements. This PM clarifies an apparent conflict within the statute and regulations regarding whether the one-year period was met prior to seeking admission or prior to filing the I-129.

Clarification of One-Year Employment Abroad Restricts L1 Visa Requirements

USCIS just published a policy memorandum clarifying that the one-year foreign employment requirement for L-1 visa must be met before the I-129 petition is filed. USCIS issued this PM with the intent to promote “consistent adjudication” of L-1 visa petitions within the spirit of the Buy American Hire American executive order.

The top-rated business immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing L1 visas. If you need assistance with an L1 visa, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

L1 Visa Requirements

The L1 visa, also known as the intracompany transferee visa, allows a U.S. employer to transfer an executive or manager or an employee with specialized knowledge ( L-1A or L-1B visa ) from a qualifying foreign office to the U.S. It is often used by multinational companies to improve management effectiveness, expand U.S. exports, or to simply enhance competitiveness in markets abroad.

Specifically, pursuant to 8 C.F.R. 214.2(l)(1)(ii) , an intracompany transferee means an alien who, within three years preceding the time of his or her application for admission into the United States, has been employed abroad continuously for one year by a firm, corporation, or other legal entity or parent, branch, affiliate, or subsidiary thereof, and who seeks to enter the United States temporarily in order to render his or her services to a branch of the same employer or a parent, affiliate, or subsidiary thereof, in a capacity that is managerial, executive, or involves specialized knowledge.

Under 8 C.F.R. 214.2(l)(3)(iii) and 214.2(l)(3)(v)(B), the one-year foreign employment requirement is only met within the three year period preceding the filing of the petition.

One-Year Employment Requirement

The issue that this PM seeks to resolve is whether the one-year employment abroad requirement is satisfied before admission or petition. The PM states that “USCIS is clarifying that the proper reference point for determining the one-year foreign employment requirement is the date the petitioner files the initial L-1 petition on the beneficiary’s behalf, the starting point in the alien’s application for admission in L-1 status.”

Further, the L-1 beneficiary must be physically outside the United States during the required one continuous year of employment, except for brief trips to the United States for business or pleasure; and the petitioner and the beneficiary must meet all requirements, including the one year of foreign employment, at the time the petitioner files the initial L-1 petition. USCIS will calculate the three-year period during which the beneficiary must meet the one-year foreign employment requirement. The PM also clarifies what time will be taken into consideration in determining when the three-year period begins.

The L1 visa lawyer at Porter Law Office, LLC specializes in assisting businesses with securing L1 visas to transfer multinational managers and executives and professionals with specialized knowledge. Contact the experienced business immigration attorney to discuss your L1 visa options. Call (614) 428-2887 today.

USCIS Green Card Marriage Interview | What You Should Bring

Fri, 01 Jun 2018 20:32:26 GMT

If you are married to a U.S. citizen and filed for adjustment of status, USCIS will conduct a green card marriage interview. The primary purpose of the interview is to ensure your marriage is bona fide. Even with a good faith marriage, the green card interview process can be intimidating, especially in this immigration environment. Fortunately, there are things you can do to prepare.

This article contains helpful information and sample questions so you can prepare for your immigration interview. If you have questions about the green card marriage interview, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your case.

When will my interview be scheduled?

Your green card marriage interview with USCIS will be in approximately four to six months from the date your application is submitted. The timeframes could be longer based on USCIS field office processing times. Check the USCIS website for current processing times .

Before USICS schedules your green card interview, you will be required to attend a biometrics appointment at an Application Support Center (“ASC”) to complete your fingerprints for an FBI background check.

Your green card interview notice from USCIS will request that your bring additional information and documentation relating to your case. You should assemble all original documents referenced in the notice and I-130/I-485 application. Contact your immigration attorney if you have questions on any of the information in the notice. Generally, you will need to bring a complete copy of your green card application, which demonstrates your good faith marriage, including evidence of co-mingling of any marital assets, as well as evidence establishing that you are not inadmissible for adjustment of status.

Sample Green Card Marriage Interview Questions

In terms of general preparation for the interview, the immigration officer will ask you about background information contained in the immigration paperwork. You should review the application and be ready to discuss it. Also, update any of the information that may have changed after filing the application. The immigration officer may question each of your individually or together. Typical questions include the following:

What is your spouse’s birthday?
What color eyes does your spouse have?
Where did you meet?
Where did you go on your first date?
How long did you date?
Who proposed?
Where was the ring purchased?
What are your spouse’s parents’ names?
How many siblings (brothers and sisters) does your spouse have?
Where does your spouse work?
Where was your wedding ceremony?
Who attended your wedding ceremony?
Where was the reception?

Be ready to discuss all the circumstances of how you met, how long you dated, where you got married, who attended the wedding, information about the reception, etc. The immigration officer’s job is to ensure your marriage is not fraudulent. Green card marriage interviews are becoming increasingly more strict, but the laws have not changed. Immigration officers are simply trying to do their jobs.

If you do not know anything about your spouse or the circumstances involving your relationship, it is clear that your marriage is not bona fide. Individuals who have gotten married in good faith should not worry. You need to be aware, however, that USCIS has asked some very difficult green card marriage interview questions. The following are examples of such questions:

Do you live in a home or apartment?
What color are the walls in your kitchen?
Do you have any pets?
What color is your spouse’s toothbrush?
What side of the bed do you sleep on?
Where do you go grocery shopping most?
What is your spouse’s favorite food?
Who kissed who first?
What did you do on your last date?
What did your spouse give you for your last birthday?
Where did you meet your spouse’s family?
Where were you introduced to your spouse’s friends?
What was the last movie you saw together?
What kind of TV to you have in your living room?
What kind of car does your spouse drive?

If you have specific questions about an upcoming green card interview, contact Columbus, Ohio immigration lawyer Matthew R. Porter to schedule a consultation.

Immigration Lawyer in Columbus, Ohio

Obtaining Green Cards for Families

The experienced immigration lawyer at Porter Law Office, LLC is dedicated to assisting you navigate the complex adjustment of status process to obtain your green card. By hiring Porter Law Office, LLC, you be working with an experienced immigration lawyer who understands what it takes establish the best possible plan to obtain you or your family member’s green card through the adjustment of status process. Porter Law Office, LLC is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. If you need help with the adjustment of status process, or any other immigration issue, contact Columbus, Ohio immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

Immigration News: USCIS Returning Petitions Not Selected in FY19 H1B Visa Lottery

Wed, 16 May 2018 20:29:20 GMT

USCIS Completes Data Entry of H-1B Cap Subject Petitions for Fiscal Year 2019

USCIS Returning Unselected H-1B Visas Filed in FY2019

As part of our ongoing H-1B visa services , we are notifying our clients of important news. On May 15, 2018, the United States Citizenship and Immigration Service (“USCIS”) announced that it has completed the data entry for all H-1B cap-subject petitions selected in the 2019 H1B visa lottery. This means USCIS will now begin returning all H-1B cap-subject petitions that were not selected.

Not surprisingly, USCIS indicates that it cannot provide a definite time frame for returning the petitions not selected in the 2019 H1B visa lottery “due to the high volume of filings.” Last year, USCIS made this announcement two weeks earlier on May 3, 2017 . This is consistent with the overall decrease in H-1B visa filings in fiscal year 2019, perhaps due to the increased scrutiny on the H-1B program by the current administration. You should not inquire with USCIS on the status of your petition until you receive a receipt notice or until you receive the unselected petition back in the mail. USCIS will announce when all the unselected H-1B petitions have been returned.

You may receive a transfer notice from USCIS. To balance the distribution of cases adjudicated with California Service Center and the Vermont Service Center, USCIS is transferring certain H-1B cap subject petitions between the two service centers. If your case is transferred, USCIS will mail you a transfer notice. After receiving the notification, you need to send all future correspondence to the new service center processing your petition.

Immigration Lawyer in Columbus, Ohio

Ohio H-1B Visa Attorney

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

USCIS Green Card Marriage Interview Questions

Tue, 01 May 2018 20:27:39 GMT

USCIS Green Card Marriage Interview Questions

When will my interview be scheduled?

Before USICS schedules your green card interview, you will be required to attend a biometrics appointment at an Application Support Center (“ASC”) to complete your fingerprints for an FBI background check.

Sample Green Card Marriage Interview Questions

What is your spouse’s birthday?
What color eyes does your spouse have?
Where did you meet?
Where did you go on your first date?
How long did you date?
Who proposed?
Where was the ring purchased?
What are your spouse’s parents’ names?
How many siblings (brothers and sisters) does your spouse have?
Where does your spouse work?
Where was your wedding ceremony?
Who attended your wedding ceremony?
Where was the reception?

Do you live in a home or apartment?
What color are the walls in your kitchen?
Do you have any pets?
What color is your spouse’s toothbrush?
What side of the bed do you sleep on?
Where do you go grocery shopping most?
What is your spouse’s favorite food?
Who kissed who first?
What did you do on your last date?
What did your spouse give you for your last birthday?
Where did you meet your spouse’s family?
Where were you introduced to your spouse’s friends?
What was the last movie you saw together?
What kind of TV to you have in your living room?
What kind of car does your spouse drive?

If you have specific questions about an upcoming green card interview, contact Columbus, Ohio immigration lawyer Matthew R. Porter to schedule a consultation.

Immigration Lawyer in Columbus, Ohio

Obtaining Green Cards for Families

Breaking News: Up-Front H-1B Visa Cap Selection Process Proposed

Wed, 17 Jan 2018 21:23:50 GMT

Breaking News: Up-Front H-1B Visa Cap Selection Process Proposed

The Department of Homeland Security (“DHS”) released its regulatory agenda in December, and it contains changes that will affect H-1B visas. The two most significant changes are a proposed pre-registration for H-1B visa cap selection process , known as the H-1B lottery, and a revision of the definitions of specialty occupation and employer-employee relationship .

The pre-registration process has been proposed in the past, and ultimately it did not succeed. Remember, these changes are merely proposed at this point until they are officially released in the Federal Register, but is still contingent on the notice and comment period .

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including H-1B visa petition filings. If you need assistance with an H-1B visa, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

Registration Requirement for Petitioners Seeking To File H-1B Visa Cap Petitions on Behalf of Aliens Subject to Numerical Limitations

The DHS rule proposes to establish an electronic registration program for petitions subject to numerical limitations for the H-1B nonimmigrant classification, or H-1B visa cap subject petitions. The reason this is being considered, per DHS, is that the demand for H-1B specialty occupation workers often exceeds the numerical limitation, and it is expensive for both the U.S. government and employer to process petitions that are not selected in the lottery.

Further, DHS states that this rule is to ensure H-1B visa cap numbers are provided to the “best and brightest foreign national beneficiaries.” It is unclear how this will happen. DHS also believes that these changes would help U.S. employers by reducing the cost and time involved in petitioning for H-1B nonimmigrants, through an up-front cap selection process where only those employers who have obtained a cap number would be required to submit the entire Petition for a Nonimmigrant Worker, Form I-129.

The proposal may include a modified selection process, as outlined in section 5(b) of Executive Order 13788, Buy American and Hire American.

Proposed Changes to Definition of “Specialty Occupation”

DHS will also propose to revise the definition of “specialty occupation.” The purpose again is to increase focus on obtaining the best and the brightest foreign nationals via the H-1B program. It is also proposing to revise the definition of employment and employer-employee relationship in an effort to better protect U.S. workers and wages. Finally, DHS will propose additional requirements designed to ensure employers pay appropriate wages to H-1B visa holders.

How to these changes affect my company’s H-1B visa cap filings?

You should remember that these changes still have to undergo the notice and comment period pursuant to the Administrative Procedures Act. But, it would be prudent to consider these changes and plan ahead.

You should identify your H-1B candidates now to have sufficient time for the proposed pre-registration process. The changes to the definitions of specialty occupation and employer-employee relationship are still unknown. Given the administration’s propensity to heighten scrutiny of the H-1B program, any changes to these definitions will not make anything easier for the employer or their attorney.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Cap Representation

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

H-1B News: Preparing for H-1B Cap Season in Post-Trump World

Tue, 16 Jan 2018 21:21:51 GMT

In recent days, the H1B news has been extremely pessimistic. The new administration’s memos and executive orders issued in 2017 have increased scrutiny and rigid enforcement of the H1B program . Fortunately, there are practical steps that can be taken to better navigate the H1B visa program in an immigration environment wrought with uncertainty.

H1B News – Prepare Early for H1B Cap Season

This article provides guidance on how to best prepare for the upcoming H-1B cap season. It also provides a timeline so you can properly plan ahead. This article also sets forth current guidance on how to obtain an approved H-1B visa for computer-related occupations and how to deal with Level I wages.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including H-1B visa petition filings. If you need assistance with an H-1B visa, or need advise on current H1B news, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

New H-1B Environment

USCIS has released data indicating that H-1B approvals were significantly down last year (that is, in FY 2018). This year’s H-1B cap season (FY 2019) will open on April 2, 2018 (April 1 is a Sunday). The Trump administration has put a squeeze on the program in an effort to protect U.S. workers. The time is now for immigration counsel and their clients to get ready for the upcoming H-1B cap season. But what have we learned from last year’s H-1B filings?

There is no dispute that H-1B visas are now more difficult to obtain. There have been more Requests for Evidence (“RFE’s”), Notices of Intent to Deny (“NOID’s”) and denials in light of the “Buy American and Hire American” Executive Order and the 2017 USCIS Computer Programmer Policy Memorandum . But careful preparation and planning can help limit the draconian effect of these policies and set your organization on a path towards more H1B approvals.

Steps to Prepare for H-1B Cap Season

Below are some best practices and filing strategies to help you successfully navigate the increasingly complex H-1B process.

Get Started Early – This is not H1B news. This is something you should be doing every year. To prepare for the H-1B cap season (which is a lottery system), you must start early. From a practical standpoint, starting early helps you obtain solid evidence, draft better position descriptions, and identify any potential issues that may arise in the H-1B process. Remember, haste makes waste. So start early to increase your chances of filing an successful petition.
Notify Immigration Counsel – This should be done in January, if not earlier. In fact, it is the first thing you should do when starting your H-1B application. Have your counsel set a timetable, evidentiary goals, and reminders to ensure your H-1B cap petitions are filed timely and accurately.
Evidence Required By February – In February, you should have all employer information ready to be reviewed by counsel. The evidence required will relate to the legitimacy of your company and that is it is currently engaged in an active business. USCIS will need this in order to allow your company to sponsor a foreign national for employment. You should also have all potential H-1B candidates identified and be ready to submit their information to counsel. Your attorney will review their H-1B eligibility and discuss with you any potential concerns with their case.
Draft Job Descriptions – Once you have identified good candidates, you should immediately start drafting solid job descriptions. Many H-1B visa denials have been issued because the employer drafts the job duties too generally. Copying duties from the Occupational Outlook Handbook (“OOH”) is bad as well. USCIS uses the job description to determine your worker’s eligibility. It is a major component of the case and needs started very early on in the process. Benchmark for completion should be end of February.
Labor Conditions Application (“LCA”) – In early-March, ensure that your counsel has sufficient information to draft the internal posting notices. This needs done before submitting the LCA. Further, this is when you will need to discuss the wage levels for your candidates. The Level I wage has created adjudication issues after the USCIS Guidance Memo on H1B Computer Related Positions found here . In addition, the LCA takes seven days to be certified by the Department of Labor (“DOL”). If you file the LCA on March 30th, you will not be able to file the H-1B petition on the first day of the cap season.
Ready to File – By March 15, your immigration counsel should have all evidence, forms, support letters, public access files, needed to finalize each H-1B petition. This will ensure that your H-1B visa petitions are ready to be submitted timely to be received by USCIS on April 2. You should always check USCIS.gov regularly for updates to confirm the actual open date.

Do not rush this H-1B cap season. The stakes are too high. You can properly plan a good case if you start early. If you rush, you may make mistakes that could cost you an accepted H-1B visa. This is a time consuming and detailed process. The administration is making it more difficult. So, plan ahead and be prepared.

Where are the H-1B rules found?

Perhaps one of the biggest problems facing employers today is that they do not know either (a) where the H-1B rules are found; or (b) what they require. This section provides a basic legal framework for the H-1B category. It also indicates the type of evidence needed for computer-related occupations.

Remember, there are two basic components of any H-1B case. First, the position must meet the requirements of a specialty occupation. Second, the beneficiary must qualify for the position. Keeping these in mind will help clarify all these rules in light of the recent negative H1B news.

Section 101 (a) (15) (H) (i) (b) of the Immigration and Nationality Act (the “INA”) provides, in part, for the classification of qualified nonimmigrant aliens who are coming temporarily to the United States to perform services in a specialty occupation: an alien … who is coming temporarily to the United States to perform services … in a specialty occupation described in section 214(i)(1) with respect to whom the Secretary of Labor determines and certifies to the Attorney General that the intending employer has filed with the Secretary an application under section 212(n)(1).

Section 214(i)(1) defines the term “specialty occupation” as one that requires:

(A) theoretical and practical application of a body of highly specialized knowledge, and
(B) attainment of a bachelor’s or higher degree in the specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States.

Further, section 214(i)(2) of the INA outlines the fundamental requirements of a specialty occupation:

(A) full state licensure to practice in the occupation, if such licensure is required to practice in the occupation,
(B) completion of the degree described in paragraph (1) (B) for the occupation, or
(C) (i) experience in the specialty equivalent to the completion of such degree, and (ii) recognition of expertise in the specialty through progressively responsible positions relating to the specialty.

The regulation at 8 C.F.R. § 214.2(h)(4 )(ii) largely restates this statutory definition, but adds a non-exhaustive list of fields of endeavor. The term “specialty occupation” is defined at 8 C.F.R. 214.2(h)(4)(ii) as: an occupation which requires theoretical and practical application of a body of highly specialized knowledge in fields of human endeavor including, but not limited to, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, business specialties, accounting, law, theology, and the arts, and which requires the attainment of a bachelor’s degree or higher in a specific specialty, or its equivalent, as a minimum for entry into the occupation in the United States.

In addition, the regulations at 8 C.F.R. 214. 2(h)(4)(iii)(A) provide that, to qualify as a specialty occupation, the offered position must meet one of the following criteria:

A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;
The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;
The employer normally requires a degree or its equivalent for the position; or
The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

The AAO has consistently interpreted the term “degree” to mean not just any baccalaureate or higher degree, but one in a specific specialty that is directly related to the proposed position. See Royal Siam Corp. v. Chertoff, 484 F.3d 139. 147 (1st Cir. 2007) (describing “a degree requirement in a specific specialty”‘ as “one that relates directly to the duties and responsibilities of a particular position”); Defensor v. Meissner, 201 F.3d 384. 387 (5th Cir. 2000).

When determining whether a particular job qualifies as a specialty occupation, USCIS does not use a title, by itself. The specific duties of the offered position combined with the nature of the petitioning entity’s business operations are factors that USCIS considers. Each position must be evaluated based upon the nature and complexity of the actual job duties to be performed with that specific employer. In addition, the beneficiary’s obtainment of a degree in a related area does not guarantee the position is a specialty occupation. Further, performing specialty occupation duties that are incidental to the primary functions is insufficient to establish that the duties to be performed qualify as a specialty occupation.

Specifically, the court explained in Royal Siam, 484 F.3d at 147, that: The courts and the agency consistently have stated that, although a general-purpose bachelor’s degree, such as a business administration degree, may be a legitimate prerequisite for a particular position, requiring such a degree, without more, will not justify the granting of a petition for an H1B specialty occupation visa. See, e.g., Tapis Int’l v. INS, 94 F.Supp.2d 172, 175-76 (D. Mass. 2000); Shanti, 36 F. Supp. 2d at 1164-66; cf. Matter of Michael Hertz Assocs., 19 I & &N Dec. 558, 560 (Comm’r 1988) (providing frequently cited analysis in connection with a conceptually similar provision). This is as it should be: elsewise, an employer could ensure the granting of a specialty occupation visa petition by the simple expedient of creating a generic (and essentially artificial) degree requirement.

Immigration officers are reminded that USCIS does not bear the burden of establishing that a particular position does not qualify as a specialty occupation. Instead, the petitioner bears the burden of establishing eligibility for the benefit sought. Section 291 of the INA, 8 U.S.C. § 1361. Accordingly, USCIS officers may not approve a petition based on inconclusive statements from the Handbook about the entry-level requirements for a given occupation. Rather, the petitioner bears the burden to submit probative evidence from objective and authoritative sources that the proffered position qualifies as an H-1B specialty occupation.

H1B News for Computer-Related Positions

Based on the current version of the DOL’s Occupational Outlook Handbook (Handbook), the fact that a person may be employed as a computer programmer and may use information technology skills and knowledge to help an enterprise achieve its goals in the course of his or her job is not sufficient to establish the position as a specialty occupation. Thus, a petitioner may not rely solely on the Handbook to meet its burden when seeking to sponsor a beneficiary for a computer programmer position. Instead, a petitioner must provide other evidence to establish that the particular position is one in a specialty occupation as defined by 8 CFR 214.2(h)(4)(ii) that also meets one of the criteria at 8 CFR 214.2(h)(4)(iii). Section 214(i)(1) of the INA; see also Royal Siam Corp. v. Chertoff, 484 F.3d 139, 147 (1st Cir. 2007).

PRACTICE ALERT: The Biden Administration is currently working to eliminate the above guidance. Contact our office to discuss current rules and agency guidelines regarding computer-related H-1B positions.

How to Meet the Specialty Occupation Criteria of 8 C.F.R. 214. 2(h)(4)(iii)(A)

(1) A baccalaureate or higher degree or its equivalent is normally the minimum requirement for entry into the particular position;

To inform this inquiry. the AAO recognizes the Handbook as an authoritative source on the duties and educational requirements of the wide variety of occupations that it addresses. For a position under the occupational title “Computer Systems Analyst,” the Standard Occupational Classification code is 15-1121. The Handbook’s subchapter entitled “How to Become a Computer Systems Analyst” states that a bachelor’s degree in a computer or information science field is common, although not always a requirement. Some firms hire analysts with business or liberal arts degrees who have skills in information technology or computer programming. The Handbook does not indicate that at least a bachelor’s degree in a specific specialty. or its equivalent, is normally the minimum requirement for these positions. As noted, the Handbook states that a bachelor’s degree in a computer-related field is “not always a requirement.” Rather, the Handbook states that many computer systems analysts may only have liberal arts degrees and programming or technical experience. The Handbook also states that although many computer systems analysts have technical degrees, such a degree is not always a requirement.

Practice Pointer : For Computer Systems Analysts, you now need to submit other information, not just info from the Handbook, from a probative source to substantiate the assertions regarding the minimum requirement for entry into this particular position.

(2) The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree;

The second criterion presents two alternative prongs: “The degree requirement is common to the industry in parallel positions among similar organizations or, in the alternative, an employer may show that its particular position is so complex or unique that it can be performed only by an individual with a degree” 8 C.F.R. § 214.2(h)(4)(iii)(A)(2) (emphasis added). The first prong concentrates on the common industry practice, while the alternative prong narrows its focus to the Petitioner’s specific position.

To satisfy this first prong of the second criterion, you must establish that the ”degree requirement” (i.e., a requirement of a bachelor’s or higher degree in a specific specialty or its equivalent) is common to the industry in parallel positions among similar organizations. The AAO generally considers the following sources of evidence to determine if there is such a common degree requirement: whether the Handbook reports that the industry requires a degree: whether the industry’s professional association has made a degree a minimum entry requirement: and whether letters or affidavits from firms or individuals in the industry establish that such firms routinely employ and recruit only degreed individuals.” See Shanti. Inc. v. Reno, 36 F. Supp. 2d 1151, 1165 (D. Minn. 1999) (considering these “factors” to inform the commonality of a degree requirement).

If the Handbook is not in your favor, you must submit evidence from the industry’s professional association indicating that it has made a degree a minimum entry requirement. Furthermore, you must submit any letters or affidavits from similar firms or individuals in your industry attesting that such firms ”routinely employ and recruit only degreed individuals.”

The second alternative prong of 8 C.F.R. § 214.2(h)(4)(iii)(A)(2), which is satisfied if you show that your particular position is so complex or unique that it can be performed only by an individual with at least a bachelor’s degree in a specific specialty, or its equivalent.

The job description, wage level, and information about your business are vitally important to prove this prong. The job duties cannot be vague, general tasks. They must convey actual day-to-day tasks within the context of asserted project(s). You must develop relative complexity or uniqueness as an aspect of the duties of the position, and identify any tasks that are so complex or unique that only a specifically degreed individual could perform them. Moreover, designation of the proffered position as a Level I entry-level position within the ”Computer Systems Analyst” occupational category would not support the claim that the position is particularly complex, specialized, unique compared to other positions within the same occupation. Therefore, the AAO could argue that the position is one with complex or unique duties relative to other computer systems analyst positions requiring a significantly higher prevailing wage. as such a Level III (experienced) or Level IV (fully competent) wage level.

The AAO has stated that a petitioner’s designation of a position as Wage Level I, entry-level position undermines its claim that the position is particularly complex, unique. and specialized compared to other positions within the same occupation. Nevertheless, a Level I wage-designation does not preclude a proffered position from classification as a specialty occupation, just as a Level IV wage-designation does not definitively establish such a classification. In certain occupations (e.g., doctors or lawyers), a Level I, entry-level position would still require a minimum of a bachelor’s degree in a specific specialty, or its equivalent, for entry. Similarly, however, a Level IV wage-designation would not reflect that an occupation qualities as a specialty occupation if that higher-level position does not have an entry requirement of at least a bachelor’s degree in a specific specialty, or its equivalent. That is, a position’s wage level designation may be a relevant factor but is not itself conclusive evidence that a proffered position meets the requirements of section 2 14(i)(I) of the Act.

(3) The employer normally requires a degree or its equivalent for the position; or

The third criterion of 8 C.F.R. § 214.2(h)(4)(iii)(A) entails an employer demonstrating that it normally requires a bachelor’s degree in a specific specialty, or its equivalent, for the position. The employer must submit supporting documentation to substantiate its assertion that its systems analysts are typically required to hold a bachelor’s degree in a specific specialty. For instance, the AAO must be given evidence of how many systems analysts the company employs and what degrees they hold. The company would need to provide supporting documentation to substantiate the educational credentials of its systems analysts.

(4) The nature of the specific duties are so specialized and complex that knowledge required to perform the duties is usually associated with the attainment of a baccalaureate or higher degree.

The fourth criterion at 8 C.F.R. § 214.2(h)(4)(iii)(A) requires a petitioner to establish that the nature of the specific duties is so specialized and complex that the knowledge required to perform them is usually associated with the attainment of a baccalaureate or higher degree in a specific specialty, or its equivalent. Again, as previously mentioned. if the worker’s duties are stated in vague, general terms that do not sufficiently convey their actual duties within the context of her asserted project, it will not meet this requirement. Therefore, a very well drafted job description is extremely important to the success of your case.

Placing a candidate in Wage Level I makes the fourth criterion that much more difficult to establish. The designation of the proffered position in the LCA as a Level I wage may make it not likely distinguishable by relatively specialized and complex duties.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Representation and Update on H1B News

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

K-1 Fiance Visa or K-3 Visa | Ohio Immigration Lawyer

Mon, 01 Jan 2018 21:19:59 GMT

The K visa is a “hybrid” visa because it is a temporary visa that provides a path to a green card. The K category includes the K-1 visa, which is for a fiance of a U.S. citizen and his or her children under 21 years of age. The K category also includes the K-3 visa, which is for a spouse of a U.S. citizen and his or her unmarried children under 21 years of age. Once you obtain a K visa, you can come to the U.S. and apply for a green card.

The K-1 Visa: The Fiance Visa

Representing new families with K visa assistance either through K-1 visa or K-3 spousal visa.

The K-1 visa allows you to petition for your fiance residing abroad to come to the U.S. to get married. To take advantage of the K-1 visa, you must be a U.S. citizen. The K-1 visa requires you to have met your fiance personally within two years prior to filing for the K-1 visa. This requirement is very important and will make or break your application’s success. Both you and your fiance must be free to marry. If you have previously been married, you must provide proof that all previous marriages have been terminated. Thus, you will need copies of divorce decrees to show you are free to marry. Again, this is important because it is against the law in the U.S. to married to two people at once (this is called bigamy). Your fiance’s dependents, such as minor children, may join your fiance on a K-2 visa. Once in the U.S. your fiance may work by applying for a work permit with USCIS.

The time that your fiance is allowed to remain in the U.S. on the K-1 visa is limited to only 90 days. You both must get married during that period. It is very important to note that the 90 day period on the K-1 visa cannot be extended, under any circumstances. Further the K-1 visa can only be used to enter the U.S. one time. Thus, your intentions to marry must be real. Once you are married, the K-1 visa holder has a very limited amount of time to apply for the green card. Your immigration lawyer should be contacted immediately after the marriage to ensure you meet the timing requirements. After your spouse obtains the green card, your visa journey is far from over. Your new spouse will not obtain a permanent green card, but will obtain a conditional green card that lasts for only two years. USCIS created the two-year aspect of the visa to prevent fraudulent marriages. At the end of the two years you must prove to USCIS that your marriage is bona fide. You do this by filing a petition to remove conditions 90 days before the expiration of the two-year period. In sum, you must be certain of your marriage before considering applying for the K-1 visa.

The K-3 Visa: The Visa For Marriages Abroad

If you marry your spouse abroad, you may bring him or her to the U.S. on a K-3 visa. Once in the U.S. they will have to wait to apply for a green card. To obtain the K-3 visa, you as the U.S. citizen, must first file Form I-130, Petition for Alien Relative with USCIS. You do this so USCIS can determine whether the marriage is bona fide. Once USCIS receives the I-130, the K-3 visa application can be filed. So during the period where USCIS is working on the I-130, your spouse can come to the U.S. and wait. Similar to the K-1 visa, minor, unmarried children of your spouse may enter the U.S. on a K-4 visa. Again your spouse may apply for a work permit once they arrive in the U.S. on a K-3 visa.

Once on the K-3 visa, your spouse will be admitted into the U.S. for a period of two years. Unlike the K-1 visa, your spouse may apply for an extension of stay no more than 120 days prior to the expiration of the K-3 visa. The condition for applying for the extension is that your spouse has filed for their green card, which is done on Form I-485. If your spouse has not yet filed Form I-485, your spouse must be waiting for the pending I-130 to be approved. In either event, you and your spouse must still be married during this time period. The K-3 visa will be terminated within 30 days of any any of the following circumstances: (i) the I-130 is denied; (ii) the I-485 application is denied; or (iii) you divorce the K-3 visa holder. Thus, it is recommended that you work with an immigration lawyer, at least at the offset, to make sure you meet all of the requirements for the K-3 visa.

Which is better: K-1 or K-3… or Neither?

There are various routes that your foreign national fiance or spouse can take to enter the U.S. Each depends on the amount of time you and your foreign fiance or spouse are willing to wait apart from each other. While the K-1 visa remains a widely used and very favorable visa category, the K-3 visa is becoming less advantageous because of the ease in which to obtain a green card through consular processing.

The fiance could enter on a B-2 visitors visa, marry the U.S. citizen, and following the wedding, apply for adjustment of status. This is the least desired route because there is a risk of being refused admission as an intending immigrant when asked by a Customs and Border Patrol (CBP) agent at the port of entry about the purpose of the visit. A B-2 visa applicant must overcome the intending immigrant presumption and entering to marry a U.S. will not look good to CBP. Thus, you should file a K-1 visa petition in lieu of coming to the U.S. on a visitor visa because under the K-1 process, there is no risk of being refused admission as an intending immigrant. Again, that is because the K-1 visa allows you to have the intention of coming to the U.S. permanently. As a result, the K-1 visa can limit the headaches associated with overcoming the nonimmigrant intent involved with the B visa.

Another option is to obtain the green card abroad. You may marry your spouse abroad, and instead of filing for K-3, file for the green card at the consulate near to where your spouse lives. Your spouse could then obtain the green card and come to the U.S. as a lawful permanent resident. Consular processing eliminates the step of obtaining the K-3 visa. So which should you use? Well, for the K-3 visa, you have the initial approval of the K-3 petition in the U.S. can take two to three months. Then your spouse has to work through the consulate to obtain the actual K-3 visa, which can take an additional two to three months. Once your spouse has the K-3, he or she must apply for the green card in the U.S., which can take an additional four months. So you are realistically looking at a year before obtaining the green card. Consular processing, however, can be completed in a total of five months. The main reason you would want to choose the K-3 visa is that it allows your spouse to come to the U.S. a bit quicker than if you obtained the green card at a consulate. And, while no official source supports this view, working with the USCIS is generally an easier process than dealing with the consulates.

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K-1 Fiance Visa Representation

Porter Law Office, LLC is a full-service immigration law firm that has in depth experience with the K1 visa fiance application. We are a top rated law firm selected to Rising Stars in 2017 and 2018 by Superlawyers and rated Superb (10/10) by Avvo .

To obtain a quote for a K-1 fiance visa, call (614) 428-2887 between the hours of 8:00 AM to 5:00 PM (EST) or use our consultation form below and an experienced lawyer will get back to you within 24 hours.

Contact K-1 fiance visa process immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

How to obtain a green card after getting married to a US citizen?

Thu, 28 Dec 2017 21:17:40 GMT

Green Card after Getting Married to a US Citizen

Legal Guidance on Getting Married to a US Citizen and Obtaining a Green Card

To promote family unity, U.S. immigration law allows a U.S. citizen to petition for his or her spouse to come and live permanently in the United States. If you recently got married to a U.S. citizen, or are considering getting married to a US citizen, there are many issues to consider before applying for your green card.

This article contains some frequently asked questions for you to review before taking that very important step in applying for your green card.

Start a green card application today! Contact immigration lawyer Matthew Porter to discuss how to get a green card after getting married to a US citizen.

For a green card after getting married to a US citizen, what should I do first?

The first issue you should consider is your entry into the United States. If you entered lawfully on a visa, you likely have met the requirement. The legal framework states that you meet the requirement if you were admitted to the U.S. after an inspection by an immigration official. If a legal entry, you can consider adjusting your status to that of a green card holder.

In the immigration laws, admission is defined as the “lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” INA §101(a)(13) , 8 U.S.C. §1101(a)(13); 8 C.F.R. §101.1. The BIA has held that a person is inspected and admitted consistent with the statute and regulation when he presents himself for inspection and makes no knowing false claim to U.S. citizenship. Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010).

How do I prove a valid entry into the US?

The best evidence of a valid entry is your Form I-94 . If you entered the U.S. many years ago, you should have an I-94 form stapled in your passport. If you recently entered, you can now obtain a record of your entry (I-94) from the U.S. Customs and Border Patrol website.

If you entered the U.S. illegally (without inspection), you will most likely have to leave the United States and apply for permanent residency at a U.S. embassy or consulate abroad through what is known as consular processing. If you accrued more than 180 days of unlawful presence, you will likely have to apply for a waiver to obtain permanent residency.

I entered legally, what do I do next?

The next step is to obtain evidence of your marital relationship and prepare Form I-130, Petition for Alien Relative. Your US citizen spouse will need to file this petition with USCIS to establish that your marriage is bona fide. This process includes filing Form I-130 and evidence of a bona fide marriage. A bona fide marriage means that you entered into the marriage in good faith. If you were getting married to a US citizen for the sole purpose of obtaining a green card, then USCIS may deny your I-130 and could allege marriage fraud. USCIS’s main duty during the I-130 phase is to stop marriage fraud.

Note that if you are present in the United States, you may be eligible for file the I-130 and green card application (Form I-485) at the same time under concurrent filing.

Porter Law Office, LLC will help you complete the I-130, obtain the required evidence to prove your marriage is bona fide, and file the petition with USCIS. Contact our law firm to schedule a consultation to discuss the I-130 process.

My marriage is bona fide, are there any other requirements?

Yes, to obtain the green card, you must file Form I-485, Application for Adjustment of Status with USCIS. The most important aspect of your green card case is to prove that you are eligible to adjust and that you are not “inadmissible” to the U.S. Generally, to be eligible to adjust status to a green card holder, a visa must be available, you cannot have worked without authorization pursuant to INA 245(c), except if you are an immediate relative (that is, a spouse of a US citizen). Further, you must be lawfully present in the US, again except for immediate relatives – see INA 245(c)(2).

There are many grounds of inadmissibility under INA 212(a) that you need to overcome (for example, health, crimes, controlled substances, prostitution, human trafficking, national security threats and terrorists, Nazi, totalitarian government supporters, individuals who will be a public charge, EWI entry without inspection, misrepresentation, false claims to US citizenship, stowaways, unlawfully present, unlawfully voted). If you have questions on whether you are eligible to file for a green card, contact Porter Law Office, LLC to discuss.

What are the financial requirements?

Your US citizen spouse will need to submit Form I-864, Affidavit of Support, which establishes that you will not become a public charge (that is, apply for food stamps, welfare, or any other government assistance). Your spouse will need income greater than 125% of the U.S. poverty level for the household size. For example, if you have a household size of two, your spouse will need to have current annual income of at least $20,300 as of 2017 (you should check I-864P to determine the poverty guidelines as they do change from time to time).

What if me and my US citizen spouse are unemployed?

In this case, you will need to locate a joint sponsor who must submit an I-864 and meet the financial guidelines in their own right. There are strict rules on who can become a joint sponsor. Schedule a consultation with the experienced immigration lawyer at Porter Law Office, LLC to discuss those rules.

What is the legal effect of signing Form I-864?

If you sign I-864, you are creating a contract with the U.S. government. The consideration for the contract is you becoming a green card holder (known also as a lawful permanent resident). Under the contract, the sponsor is agreeing to allow the U.S. government to consider their income and assets as available for your financial support. The sponsor must provide you with support to maintain your income at least 125% of the federal poverty guidelines. That is, the U.S. government may consider the sponsor’s income in deciding if you qualify for public benefits. These requirements generally last until you become a US citizen. For more information, review the Form I-864 in detail.

What are the forms and filing fees to apply for a green card through marriage to a US citizen?

Here are the forms and filing fees:

Form I-130, Petition for Alien Relative with $535 filing fee*
Form I-130A, Supplemental Information for Spouse Beneficiary
Form I-485, Application for Adjustment of Status, with filing fee of $1,140 and $85 biometrics fee (total of $1,225)
Form I-765, Application for Work Authorization (no filing fee if filed with green card application)
Form I-131, Application for Travel (no filing fee if filed with green card application), and
Form I-864, Affidavit of Support.

* Filing fee as of 12/28/2017. Filing fees frequently change. Check USCIS.gov for current filing fees.

What evidence is required?

You will need proof of your spouse’s US citizenship. You will also need evidence that your marriage is bona fide and any previous marriages have been legally dissolved. The sponsor will need to provide evidence of financial support and you will have to prove that you are eligible to adjust status to that of a green card holder and that you are not inadmissible.

As with most legal processes, the evidence is where the rubber hits the road. An experienced immigration lawyer can help you obtain the required evidence. And, they can help you organize it properly.

Immigration Lawyer in Columbus, Ohio

Legal Representation for Getting Married to a US Citizen

Porter Law Office, LLC assists foreign nationals after getting marriage to a US citizen with securing their green card. Our boutique law firm has vast experience with the green card marriage procedure. If you and your spouse are present in the U.S., and you have questions about how to obtain a green card through marriage, contact Columbus, Ohio immigration attorney today to schedule a free consultation to discuss your family-based green card options.

Fiance K1 Visa Process Explained

Mon, 04 Dec 2017 21:14:29 GMT

Fiance K1 Visa Process Explained

The K1 visa process is a five-step process that allows the fiance of a U.S. citizen to permanently relocate to the U.S.

This article provides a summary of each step of the K1 visa process. It is very important that the evidence submitted with a K1 fiance visa petition is accurate and reliable. Our law firm will provide you with a list of required evidence and will work with you to ensure it is the best possible evidence.

The K-1 visa lawyer at Porter Law Office, LLC has in depth experience with the K1 visa process and is available to answer all of your fiance visa questions.

Contact Porter Law Office, LLC to begin the process of bringing your fiance to the United States under the K1 visa process.

What is the K-1 visa?

The K-1 is a temporary (nonimmigrant) visa that permits a foreign national fiance of a U.S. citizen to travel to the United States to marry the U.S. citizen sponsor within 90 days of admission to the country.

What is the process for obtaining a K-1 visa?

The K1 visa process involves three agencies under the Department of Homeland Security: U.S. Citizenship and Immigration Services (“USCIS”), the U.S. Department of State (“DOS”), and the U.S. Customs and Border Protection (“CBP”).

Step 1: Filing the Petition with USCIS

The first step involves the U.S. citizen (also known as the petitioner) filing Form I-129F to ask that USCIS recognize a foreign citizen (the beneficiary) as the person’s fiancé or fiancée. The petitioner needs to prove that the foreign national is their fiance. This is done by submitting evidence showing that the couple has met in person within two years of filing the petition, the couple is free to marry (meaning that they are not currently married), and that they intend to marry within 90 days of entering the U.S.

During the process, USCIS will conduct a background check for national security, criminal records, and other information on both the petitioner and beneficiary. If you submit relevant, probative evidence, then USCIS may approve the I-129F. The approval of the I-129F establishes that USCIS recognizes the fiance relationship and provides the foreign national the right to apply for a visa at the U.S. embassy or consulate abroad. It does not, however, permit the foreign national to travel to the U.S., nor guarantee that the K-1 visa will be issued.

The approved I-129F will be sent by USCIS to the DOS, the next agency involved in the process. The DOS National Visa Center (“NVC”) will then forward the case to the embassy or consulate where the foreign fiance will apply for the K-1 visa.

Step 2: Apply for K1 Visa with DOS Consulate

The second step involves applying for the actual K1 visa with the foreign embassy or consulate where the foreign national resides. The NVC (again, the National Visa Center, which is the department that received the approved I-129F from USCIS) will notify the petitioner when it is time for the foreign fiance to apply for the visa.

The foreign fiance will apply for the K-1 visa at the U.S. Embassy or consulate indicated on the Form I-129F. Each consulate has a checklist of information needed to obtain the K1 visa. Generally speaking, foreign fiance will submit identity and civil documents, proof of the relationship (again), as well as a medical exam completed by an approved physician.

Porter Law Office, LLC will provide the foreign fiance with a packet of information to take to their K-1 visa appointment. This packet will contain all evidence needed to obtain the actual K-1 visa. It is extremely helpful to have this packet as it takes the guesswork out of the process.

Next, a consular interview is conducted with the applicant. At that time, the applicant will provide the K1 visa packet.

The DOS will conduct background checks on the foreign fiance. If, after the interview, the DOS consular officer finds that the relationship is bona fide, and all other requirements are met, then the K-1 visa will be granted. K-1 visas are valid for up to 6 months and a single entry. It is not a multi-entry visa (like a visitor visa).

But, the approved K-1 visa does not guarantee admission to the United States.

Step 3: Inspection at a Port of Entry – CBP

Your fiance now has a K-1 visa stamp in their passport. They must travel to the United States and seek admission at a port of entry within the validity period indicated on the visa. When your fiance travel through customs, they will be inspected by a CBP agent. The inspection at the port of entry includes obtaining fingerprints (biometrics) and all relevant systems queries for national security, criminal, and immigration information, verification of identity and travel documents, and an interview.

Once admitted, your fiance has 90 days to marry the same U.S. citizen who filed the Form I-129F with USCIS.

Step 4: Adjustment of Status – USCIS

This leads to step four: filing for adjustment of status (Form I-485) with USCIS. Once admitted to the U.S. you and your fiance must marry within 90 days of entry. After the marriage, the K-1 nonimmigrant may apply for adjustment of status to lawful permanent resident by filing Form I-485 with USCIS.

If married for less than two years at the time the Form I-485 is approved, the applicant will be granted conditional permanent resident status and issued a Permanent Resident Card (commonly known as a Green Card) valid for two years.

Step 5: Removal of Conditions – USCIS

If you obtain a conditional green card, you must file for a petition to remove conditions within the two year validity period. A two-year conditional green card cannot be renewed. And, if you fail to file you will lose your permanent resident status and be subject to removal from the United States.

To remove conditions, you must file Form I-751 with USCIS within 90 days prior to the end of the two-year conditional permanent resident period. You generally file jointly with your spouse to remove conditions. During the adjudication process, USCIS conducts another background check and a fingerprint check on the foreign spouse, and may interview both spouses.

Marrying a U.S. Citizen after Overstaying Visa

Thu, 26 Oct 2017 20:11:39 GMT

You may be eligible for a green card if you entered the U.S. legally and married a U.S. citizen in good faith even if you overstayed a visa and accrued unlawful presence in the U.S. How?

If you have married a U.S. citizen, and are otherwise eligible, you may be able to obtain a green card even though you overstayed your visa or worked without authorization. People often ask, “Do I need a waiver to stay in the United States after marrying a U.S. citizen even if I have overstayed my visa?” or “What if I my visa expired or I worked without authorization and I’m married to a U.S. citizen? Can I obtain a green card?” These questions focus on the issue of how to obtain lawful permanent residency (a green card) in the United States when there has been unlawful presence or unauthorized work.

Porter Law Office, LLC has expertise in securing green cards through marriage to U.S. citizens. Contact us today to schedule a consultation!

Marrying a U.S. citizen after overstay can provide path to green card

When you marry a United States citizen, you are granted certain privileges under U.S. immigration law not available to other intending immigrants.

The immigration laws are written to favor family unification. As a result, even if you have overstayed a visa or worked without authorization, you may be eligible for a green card due by filing an immediate relative adjustment of status application .

Visa Overstay and Unauthorized Work

A visa overstay is simply when an alien who has been admitted on the basis of a nonimmigrant visa (that is, a visitor visa, H-1B visa, etc.) has remained in the United States beyond the period of stay authorized. The period of authorized stay can be found on your I-94 Arrival/Departure Record. You can now get your most recent I-94 online on the CBP website .

It is important to note the distinction between your visa validity date and your I-94 period of authorized stay. The visa stamped in your passport may be valid beyond the expiration date on your I-94. The visa, however, does not control the length of authorized stay in the U.S. It merely provides you the ability to enter the U.S. during the period in which it is valid. The relevant period of authorized stay for whether you overstayed a visa is on your I-94.

Generally, aliens are barred from adjusting status if they have accepted unauthorized employment while in the United States. If you come a visitor visa, you cannot legally work in the U.S. If you overstay a visa, then accept employment, you have accepted unauthorized employment.

Due to the fact that a foreign national who is present in the United States without lawful status (overstayed a visa) or who is working without authorization can fix the problem by marrying a U.S. citizen and filing for a green card, USCIS scrutinizes the “bona fides” of the marriage to weed out marriage fraud cases.

For more information on overstay and filing a family-based green card application, contact Porter Law Office, LLC to speak to an attorney.

Marriage Fraud and Green Card Ineligibility

Marrying a U.S. citizen solely to obtain an immigration benefit is marriage fraud. USCIS will deny an adjustment of status application filed by such individual and will institute removal proceedings. Marriage fraud is never an option. In any marriage based green card application, USCIS requires objective evidence to establish that a marriage is bona fide and was entered into in good faith.

Further, if you intended to file a green card application at the time of entering the United States on a nonimmigrant visa, USCIS may deny the adjustment of status application claiming fraud. USCIS may also allege that you had preconceived intent, or some other disqualifying factor. Adjusting status to a green card holder is a discretionary benefit. Therefore, you need to ensure you otherwise meet all of the statutory requirements and have positive discretionary factors in your case. Fortunately, preconceived intent alone has been held insufficient to deny adjustment of status for an immediate relative. See – Matter of Cavazos, 17 IN Dec. 215 (BIA 1980) .

Finally, if you enter on a K-1 visa and do not get married within 90 days of your entry, or if you marry someone other than the initial fiance visa petitioner, you generally cannot remain in the U.S. and obtain a green card through the adjustment of status process.

Contact the experienced green card lawyer at Porter Law Office, LLC today to schedule a consultation.

Overstayed Immediate Relatives—the Statutory Scheme Under INA §§ 245 and 201

The statutory scheme granting adjustment of status to someone married to a U.S. citizen who overstayed their visa is generally found under Immigration Nationality Act (“INA”) Sec. 245. [8 U.S.C. 1255] . The definition of an immediate relative is found at INA § 201 and grounds for inadmissibility is found at INA § 212(a).

The below provisions work together to establish that an alien who has overstayed a visa can obtain a green card based on a marriage to a U.S. citizen if eligibility requirements are met. Note how the statute defines eligibility for adjustment of status under 245(a), then states that those general eligibility rules are not available to anyone who has overstayed a visa or worked without authorization unless they are a certain a certain class of aliens, including an immediate relative (spouse of U.S. citizen, among others).

INA § 245(a) The status of an alien who was inspected and admitted or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if: (1) the alien makes an application for such adjustment, (2) the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (3) an immigrant visa is immediately available to him at the time his application is filed.

Note the four general requirements to obtain adjustment of status from the provision above: (1) you MUST have been admitted after an inspection by an immigration officer, (2) you MUST file your application on I-485, (3) you MUST have the required relationship (in this case, marrying a U.S. citizen) and cannot be inadmissible (see INA 212(a) below), and (4) your priority date MUST be current, which it is when you are an immediate relative.

INA § 245(c) Subsection (a) (the provision above) shall not be applicable to an alien (other than an immediate relative as defined in § 201(b) (the provision below) …) who hereafter continues in or accepts unauthorized employment prior to filing an application for adjustment of status or who is in unlawful immigration status on the date of filing the application for adjustment of status or who has failed (other than through no fault of his own or for technical reasons) to maintain continuously a lawful status since entry into the United States.

Note how the statute states the general rule of ineligibility then carves out the exception for immediate relatives, which is defined under § 201(b).

INA § 201(b)(2)(A)(i) Immediate relatives. For purposes of this subsection, the term “immediate relatives” means the children, spouses, and parents of a citizen of the United States, except that, in the case of parents, such citizens shall be at least 21 years of age.
The individual cannot be inadmissible—see the provisions under INA § 212(a) .

As you can see, if you otherwise meet the statutory requirements for adjustment of status, you can obtain a green card by marrying a U.S. citizen even after you have overstayed a U.S. visa or worked without authorization. Contact Porter Law Office, LLC today to schedule a consultation.

Application of INA § 245 for Marrying a U.S. Citizen

The adjustment of status application is filed on Form I-485. Under § 245(c), an alien must be in valid status on the date they file their I-485 to be eligible for adjustment of status. In the same provision, however, the law carves out an exception for immediate relatives of U.S. citizens from the requirement to be in valid status. The spouse of a U.S. citizen is considered an immediate relative.

But, a spouse of a U.S. citizen must have lawfully been admitted into the United States to benefit from these provisions. An admission is the lawful entry of an alien into the U.S. after inspection and authorization by an immigration officer. Providing a valid visa a port of entry is typically a lawful admission even if your visa later expires.

If, on the other hand, you entered the U.S. without inspection, you are generally not eligible. What this means is that each case is different. You may overstayed your visa, married a U.S. citizen, but still be ineligible. It is very important to consult with an experienced immigration lawyer before filing for a green card.

Immigration Lawyer in Columbus, Ohio

Obtaining Green Cards for Families

USCIS Resumes Premium Processing for All H-1B Visa Petitions

Tue, 03 Oct 2017 20:10:02 GMT

U.S. Citizenship and Immigration Service (“USCIS”) announced on October 3, 2017 that it will resume H-1B premium processing for all H-1B extension of stay petitions. Our firm handles all aspects of the complex H-1B visa process . Contact us today!

What does this mean?

This means that premium processing is now available for all types of H-1B petitions. Not only has USCIS has resumed premium processing for H-1B extension petitions, it previously announced on September 18, 2017 that it was resuming premium processing for H-1B petitions subject to the FY 2018 H-1B cap (as well as 20,000 exempt petitions filed under the “H-1B Master’s Cap”), as well as petitions exempt from the H-1B cap , and petitions filed on behalf of physicians under the Conrad 30 waiver program and for interested government agency waivers.

How to request premium processing?

A request for premium processing is made on Form I-907 . The filing fee is currently $1,225 (fees change frequently so check USCIS.gov for most up to date fee information). If you use the premium processing service, USCIS guarantees 15 calendar day processing . If USCIS fails to adjudicate the case in 15 calendar days, it will refund the $1,225 premium processing fee. If the fee is refunded, the relating case will continue to receive expedited processing.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Representation

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

Visa Bulletin October 2017

Mon, 25 Sep 2017 20:08:43 GMT

The Employment-Based, Second Preference (“EB-2”) Classification is current for many green card applicants under the October 2017 Visa Bulletin.

The U.S. Department of State (“DOS”) publishes current immigrant visa availability information in a monthly Visa Bulletin . The Visa Bulletin indicates when statutorily limited visas are available for issuance to prospective immigrants based on their individual priority date. The EB-2 category for many countries is current. The EB-2 category includes professionals holding advanced degrees, or persons of exceptional ability in the arts, sciences, or business or National Interest Waiver applicants .

Visa Bulletin October 2017

Final Action Dates for Employment Based Adjustment of Status Applications...

USCIS cannot accept a Form I-485 application, or applications which depend upon acceptance of the I-485, unless there is a visa immediately available for the applicant, or that a petition is pending for which, if approved, would provide the applicant with an immediately available visa.

At the time of the I-485 submission, the published cut-off date on the ‘Final Action Dates for Employment-Based Adjustment of Status Applications’ chart must be current. If the Final Action Date is current, a visa would be available at the time of filing. For employment-based applicants, the priority date is the date PERM (an application for labor certification) is received by the DOL, or the date an immigrant preference petition (Form I-140) was filed, if no labor certification is required. You may also reference USCIS web page, Adjustment of Status Filing Charts from the Visa Bulletin .

If you have any further questions, you can call USCIS Customer Service at (800) 375-5283 or use the InfoPass system on our website, https://infopass.uscis.gov , to make an appointment at your local USCIS office.

Contact an Experienced Columbus Immigration Attorney

PERM Representation

The experienced employment immigration lawyer at Porter Law Office, LLC has in depth experience with the employment based green card process. Porter Law Office, LLC understands what it takes to overcome the legal hurdles, bureaucratic hassles, and frustrating paperwork associated with the employment based immigration process. Porter Law Office, LLC is conveniently located in Gahanna just outside Columbus, Ohio. If you need help with a green card process, or any other immigration issue, contact Columbus employment immigration lawyer Matthew R. Porter today to discuss your options.

Are you eligible for a national interest waiver (“NIW”) green card?

Fri, 04 Aug 2017 20:06:09 GMT

New legal framework regarding National Interest Waiver (“NIW”) adjudication by USCIS makes it easier for individuals to obtain green card through the NIW process.

Are you considering filing for a green card based on your employment in the United States? Does the PERM process seem to complex or overly burdensome? If you have an advanced U.S. degree, and you are doing important work in the U.S., you may want to consider the national interest waiver. The USCIS administrative appeals office recently made it easier to qualify for a waiver of the labor certification (PERM) by clarifying the requirements for the national interest waiver (EB-2) green card.

Porter Law Office, LLC has experience with preparing and filing national interest waiver petitions. We are a boutique immigration law firm that guides employers and employees in Columbus, Ohio and throughout the United States through the complicated procedures involved in employment based immigration. Contact Columbus, Ohio green card lawyer at Porter Law Office, LLC to discuss your national interest waiver case.

Is your work in the “national interest” of the U.S.?

National Interest Waiver is now easier for certain self-employed scientists to obtain green card

The legal framework to determine if your work is in the national interest has been recently modified. The AAO decision in Matter of Dhanasar vacated the long-held NIW standard set forth in Matter of NYSDOT.

The new national interest waiver standard is that: USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the job offer and labor certification requirements.

Background of National Interest Waiver Statutory Scheme

Under INA sec. 203(b)(2)(B) , USCIS may waive the requirement of a “job offer” (namely, that the beneficiary’s services are sought by a U.S. employer) and, under the applicable regulations, of “a labor certification.” 8 C.F.R. § 204.5(k)(4)(ii). That subparagraph states, in pertinent part, that the Secretary “may, when the [Secretary] deems it to be in the national interest, waive the requirements of subparagraph (A) that an alien’s services in the sciences, arts, professions, or business be sought by an employer in the United States.” See INA sec. 203(b)(2)(i).

While appearing to limit national interest waivers to only aliens possessing exceptional ability in the sciences, arts, or business, 8 C.F.R. § 204.5(k)(4)(ii) was superseded in part by section 302(b)(2) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991, Pub. L. No. 102-232, 105 Stat. 1733, 1743 (“MTINA”). Section 302(b)(2) of MTINA amended section 203(b)(2)(B)(i) of the Act by inserting the word “professions” after the word “arts,” and thereby made the national interest waiver available to members of the professions holding advanced degrees in addition to individuals of exceptional ability.

USCIS may grant a national interest waiver as a matter of discretion if the petitioner satisfies both subparagraphs (A) and (B). Thus, a petitioner who seeks a “national interest waiver” must first satisfy subparagraph (A) by demonstrating that the beneficiary qualifies as a member of the professions holding an advanced degree or as an individual of exceptional ability. See 8 C.F.R. § 204.5(k)(1)–(3) (providing definitions and considerations for making such determinations); see also section 203(b)(2)(C) of the Act (providing that possession of requisite academic degree or professional license “shall not by itself be considered sufficient evidence of exceptional ability”). The petitioner must then satisfy subparagraph (B) by establishing that it would be in the national interest to waive the “job offer” requirement under subparagraph (A).3 See 8 C.F.R. § 204.5(k)(4)(ii). This two-part statutory scheme is relatively straightforward, but the term “national interest” is ambiguous. Undefined by statute and regulation, “national interest” is a broad concept subject to various interpretations.

Third Prong in NYSDOT Problematic and Ambiguous

The AAO in Matter of Dhanasar focused its attention primarily on the third prong in NYSDOT. The third prong states: the petitioner must demonstrate that the national interest would be adversely affected if a labor certification were required for the foreign national. While this element sounds simple enough, individual petitioners have had a terrible time trying to unpack its requirements. Proving that something does not do something can be tricky. As a result, the AAO decisions since NYSDOT have gone to great lengths to try to articulate the exact manner in which a petitioner needs to prove this prong.

For example, the AAO had to rephrase the meaning of this prong as requiring that the petitioner to demonstrate that the individual “present a national benefit so great as to outweigh the national interest inherent in the labor certification process.” Again, the AAO tried to explain the prong by stating: “the petitioner must establish that the individual will ‘serve the national interest to a substantially greater degree than would an available U.S. worker having the same minimum qualifications.’ Again, the AAO stated that “it clearly must be established that the alien’s past record justifies projections of future benefit to the national interest.”

These attempts to explain the NYSDOT third prong has ultimately created more confusion. The straw that broke the camel’s back with the NYSDOT’s third prong is that it required the petitioner to submit evidence relevant to the very labor market test that the waiver is intended to forego. Dhanasar sought to simply and clarify the intent behind this prong.

New National Interest Waiver Framework – Greater Clarity and Flexibility

Dhanasar clarified the requirements for a national interest waiver. Under the new Dhanasar framework, after eligibility for EB-2 classification has been established, USCIS may grant a national interest waiver if the petitioner demonstrates by a preponderance of the evidence: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that the foreign national is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. If these three elements are satisfied, USCIS may approve the national interest waiver as a matter of discretion.

Is Your Work in the National Interest?

If you simply apply the three prongs in Dhanasar to your factual situation, you could probably identify whether or not you are eligible. The first prong in Dhanasar, substantial merit and national importance, focuses on the specific endeavor that the foreign national proposes to undertake. The endeavor’s merit may be demonstrated in a range of areas such as business, entrepreneurialism, science, technology, culture, health, or education. In determining whether the proposed endeavor has national importance, USCIS considers its potential prospective impact.

The second prong shifts the focus from the proposed endeavor to the foreign national. To determine whether he or she is well positioned to advance the proposed endeavor, USCIS considers factors including, but not limited to: the individual’s education, skills, knowledge and record of success in related or similar efforts; a model or plan for future activities; any progress towards achieving the proposed endeavor; and the interest of potential customers, users, investors, or other relevant entities or individuals.

The AAO, in Matter of Dhanasar, states in relation to the second prong that: [w]e do not, therefore, require petitioners to demonstrate that their endeavors are more likely than not to ultimately succeed. But notwithstanding this inherent uncertainty, in order to merit a national interest waiver, petitioners must establish, by a preponderance of the evidence, that they are well positioned to advance the proposed endeavor.

The third prong requires the petitioner to demonstrate that, on balance, it would be beneficial to the United States to waive the requirements of a job offer and thus of a labor certification. Congress recognized that in certain cases the benefits inherent in the labor certification process can be outweighed by other factors that are also deemed to be in the national interest. Congress entrusted the Secretary (that is, USCIS) to balance these interests within the context of individual national interest waiver adjudications. This final third prong is new. It does not require a showing of harm to the U.S. national interest, as set forth in NYSDOT. Nor does it require a comparison against U.S. workers in the petitioner’s field. It is a more flexible standard that can be met in a variety of ways, which means it applies to a greater variety of individuals.

Contact an Experienced Columbus Immigration Attorney

National Interest Waiver (EB-2) Representation

The experienced employment immigration lawyer at Porter Law Office, LLC has in depth experience with the EB-2 national interest waiver green card process. Porter Law Office, LLC understands what it takes to overcome the legal hurdles, bureaucratic hassles, and frustrating paperwork associated with the employment based immigration process. Porter Law Office, LLC is conveniently located in Gahanna just outside Columbus, Ohio. If you need help with the national interest waiver process, or any other immigration issue, contact Columbus employment immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

Starting July 24, 2017, USCIS will resume H-1B premium processing for cap-exempt petitions

Mon, 24 Jul 2017 20:04:36 GMT

U.S. Citizenship and Immigration Service (“USCIS”) announced on July 24, 2017 that it will resume H-1B premium processing for cap-exempt petitions. To qualify, the petitioner must be (1) an institution of higher education; (2) a nonprofit related to or affiliated with such institution; or (3) a nonprofit research or governmental research organization. H-1B premium processing will also resume for petitions filed for beneficiaries employed at a qualifying cap-exempt institution, organization, or entity. Our firm handles all aspects of the complex H-1B visa process . Contact us to discuss your particular H-1B needs.

What does this mean?

This means that as of today, certain cap-exempt petitioners can file for premium processing (Form I-907) for Form I-129 H-1B petitions. The employer may file the request for premium processing together with the initial I-129, or it may perform an H-1B premium processing upgrade by filing the I-907 for a previously filed case.

USCIS previously opened up the H-1B premium processing program for a narrow class of H-1B beneficiaries, namely physicians under the Conrad 30 waiver program and for interested government agency waivers.

When will USCIS resume H-1B premium processing for all cases?

It is still unclear exactly when USCIS will resume H-1B premium processing for all cases. USCIS has stated that it plans to resume premium processing as “workloads permit.” Until USCIS’s workloads permit, we will have to continue to wait. If you file an H-1B premium processing case before USCIS resumes processing, USCIS will reject the I-907.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Representation

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

EB-2 PERM – Employer Sponsored Green Card | Legal Framework

Thu, 20 Jul 2017 20:02:59 GMT

Green Card Processing under EB-2

Porter Law Office, LLC guides employers and employees in Columbus, Ohio and throughout the United States through the complicated procedures involved in the PERM green card process . The typical method by which employers permanently hire foreign nationals is to secure temporary work visas—such as H-1B visas —and then sponsor that worker for a green card through PERM. If you have an advanced degree, you may eligible to fast-track your green card processing through the EB-2 category.

This article addresses the legal framework of the EB-2 category for permanent residence—that is, the employment-based adjustment of status application filed under Section 203(b)(2) of the Immigration and National Act (the “INA”).

Contact Columbus, Ohio green card lawyer at Porter Law Office, LLC to discuss your EB-2 PERM case.

Legal Framework for EB-2 Visa

You may be eligible for an EB-2 employment-based, second preference visa if you are a member of the professions holding an advanced degree or its equivalent, or a foreign national who has exceptional ability.

Subparagraph (A) of section 203(b)(2) of the INA makes immigrant visas available to “qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.” Under subparagraph (A), immigrant visas are available to such individuals only if their “services in the sciences, arts, professions, or business are sought by an employer in the United States.”

Labor Certification (PERM) Required

Proving there are not sufficient U.S. workers able, willing, qualified and available requires a true test of the U.S. labor market through a recruitment process, typically guided by your legal counsel’s office.

Before hiring a foreign national under the EB-2 classification, an employer must first obtain a permanent labor certification from the United States Department of Labor (“DOL”) under section 212(a)(5)(A)(i) of the Act, 8 U.S.C. § 1182(a)(5)(A)(i) (2012). See also 8 C.F.R. § 204.5(k)(4)(i) (2016). A labor certification demonstrates that DOL has determined that there are not sufficient workers who are able, willing, qualified, and available at the place where the alien is to perform such skilled or unskilled labor, and the employment of such alien will not adversely affect the wages and working conditions of workers in the United States similarly employed.

In its labor certification application, the employer must list the position’s job requirements consistent with what is normally required for the occupation. See 20 C.F.R. § 656.17(h)(1) (2016). Moreover, the job requirements described on the labor certification application must represent the actual minimum requirements for the job opportunity. See 20 C.F.R. § 656.17(i)(1) . That is, the employer may not tailor the position requirements to the foreign worker’s qualifications; it may only list the position’s minimum requirements, regardless of the foreign worker’s additional skills that go beyond what is normally required for the occupation. The employer must then test the labor market to determine if able, willing, or qualified U.S. workers are available with the advertised minimum qualifications. If such U.S. workers are found, the employer may not hire the foreign worker for the position, even if the foreign worker clearly has more skills (beyond the advertised qualifications). If the employer does not identify such U.S. workers and DOL determines that those workers are indeed unavailable, DOL will certify the labor certification. After securing the DOL-approved labor certification, the employer may then file an I-140 petition with DHS requesting the immigrant classification.

Contact an Experienced Columbus Immigration Lawyer

EB-2 PERM Representation

The experienced employment immigration lawyer at Porter Law Office, LLC has in depth experience with the EB-2 PERM immigration process. By hiring Porter Law Office, LLC, you be partnering with an experienced employment immigration lawyer who understands what it takes to overcome the legal hurdles, bureaucratic hassles, and frustrating paperwork associated with the PERM process. Porter Law Office, LLC is conveniently located in Gahanna just outside Columbus, Ohio. If you need help with the PERM process, or any other immigration issue, contact Columbus employment immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

USCIS H-1B Petition Filings Decrease to Pre-2014 Levels

Tue, 18 Apr 2017 20:01:43 GMT

Even though the USCIS H1b petition cap was reached in only 4 days this year, the total number of H-1B visa petitions filed dropped for the first time in 5 years.

In fact, the number of USCIS H1B petition filings filed dropped below 200,000 for the first time since 2014 signaling a shift in the demand for the controversial visa. Meanwhile, the Trump administration is going to sign an executive order that may significantly overhaul the H-1B program . It is colloquially named “Buy American, Hire American.” The administration believes the H-1B program is undercutting U.S. workers.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including USCIS H1B petition filings. If you need assistance with an H-1B visa, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

Why the Decrease In USCIS H1B Petition Filings?

There are only 85,000 available H-1B visa (20,000 reserved for master’s degree holders). In recent years, the number of H-1B filings had been on the rise each year. In 2016, the number of H-1B visas filed with USCIS exceeded 236,000 petitions. That number had been climbing since 2013.

This year, however, there were only 199,000 H-1B petitions filed according to USCIS . The reasons for the drop in filings are not known at this time. But speculation abounds. Perhaps employers were cooled by the uncertainty with the program given its lottery system of selection or the Trump administration’s policies aimed at slowing the H-1B program to protect U.S. workers’ jobs. Indian tech firms had previously announced that lower-level employees would not be sponsored under the H-1B program this year given these uncertainties.

These government policies will likely put greater strain on the H-1B visa program. This may cause a cooling effect for employers adverse to change and new entrants into the industry. At the same, it presents an opportunity for aggressive employers who are willing to be flexible in the face of change. There is no indication that the administration is going to end the H-1B program. Rather, it will be reworked to put in place protections for U.S. workers. With proper understanding of the changes, there may be an opportunity to increase H-1B filings while the old juggernaut IT firms slowly fade out of the picture.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Attorney

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

Immigration News: H-1B Visa Cap Reached on April 7, 2017

Fri, 07 Apr 2017 19:59:52 GMT

Immigration NEWS— USCIS announced on 4/7/17 that it has reached the H-1B visa cap for fiscal year 2018 for both regular and master’s cap petitions.

In immigration news, United States Citizenship and Immigration Services (“USCIS”) announced today that it has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. It received enough H-1B visa petitions to meet the 20,000 so called “master’s cap”. What this means is that unselected petitions will now be returned to the petitioning employer or immigration counsel’s office.

USCIS has not yet indicated how many petitions were filed under the FY 2018 H-1B visa cap. We will provide that information once it becomes available.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including H-1B visas. If you need assistance with an H-1B visa, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

What Happens Next?

Now that the FY 2018 H-1B visa cap has been reached, USCIS will reject and return the filing fees of the unselected petitions. If your H-1B visa petition was exempt from the cap, USCIS will continue to process it. Also, if you were previously counted against the H-1B visa cap, and you have retained your cap number, you will not be counted toward the FY 2018 visa cap.

In addition, USCIS will continue to process H-1B petitions filed to:

Extend H-1B status
Amend the terms and conditions of employment for current H-1B workers
Transfer an H-1B visa to another employer
File a concurrent H-1B petition

U.S. businesses use the H-1B program to employ foreign workers in occupations that require specialized knowledge . To get immigration news, subscribe to our blog today.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Attorney

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

Analysis of Trump’s New Executive Order on Immigration

Tue, 07 Mar 2017 20:56:54 GMT

President Trump signed a new executive order on immigration policy. Acting Secretary of the U.S. Department of Homeland Security, John Kelly, issued a statement on March 6, 2017 that lauded the president’s efforts with respect to this order.

The order is titled, “Executive Order Protecting the Nation from Foreign Terrorist Entry into the United States,” and the order can be here .

As an immigration lawyer in Columbus, Ohio, who has studied Trump’s executive order on immigration, the order’s stated policy is to revoke his previous order (Executive Order 13769) and replace it with this order. The difference between the two is that the most recent order expressly excludes from the suspensions categories of aliens that have prompted judicial concerns and which clarifies or refines the approach to certain other issues or categories of affected aliens.

If you have questions about Trump’s executive orders on immigration, contact the Columbus, Ohio based boutique immigration law firm to speak with an immigration attorney today.

Secretary Kelly Statements on Trump Executive Order on Immigration

“Fourteen years ago on March 1, 2003, DHS was established. We did so as a nation because we needed to rethink our approach to homeland security. Many will recall the conclusions we reached then; that we needed to overcome a “lack of imagination” with regard to the threats we faced, and, second, that we needed to overcome our collective inability to take the dots of intelligence and arrange them into a more comprehensive picture of the threats posed to America and our way of life.

“Though much has changed since then, both in the world and at DHS, it is clear that Americans are not invulnerable to terrorist threats, and that our enemies will exploit our freedoms and generosity to harm us.

“The Executive Order signed today by President Trump will make America safer, and address long-overdue concerns about the security of our immigration system. We must undertake a rigorous review of our visa and refugee vetting programs to increase our confidence in the entry decisions we make for visitors and immigrants to the United States. We cannot risk the prospect of malevolent actors using our immigration system to take American lives.

“The Executive Order signed today is prospective in nature—applying only to foreign nationals outside of the United States who do not have a valid visa. It is important to note that nothing in this executive order affects current lawful permanent residents or persons with current authorization to enter our country. If you have a current valid visa to travel, we welcome you. But unregulated, unvetted travel is not a universal privilege, especially when national security is at stake.

“The Department of Homeland Security has worked closely with the Department of Justice, the Department of State, and the White House to create an executive order that addresses our information concerns while protecting the homeland and our citizens.

“The men and women of the Department of Homeland Security—like their brothers and sisters throughout law enforcement—are decent Americans of character and conscience. They are no less so than the governors of our states and territories, of our senators and members of the congress, of our city mayors and advocacy groups. They are sworn to enforce the laws as passed by the U.S. Congress and would be in violation of the law—and their sworn oaths—if they did not do so. We will continue to work closely with our operating components and across government to implement and enforce it humanely, respectfully, and with professionalism.

“I want to thank the President for his leadership on this issue and his steadfast support of DHS’ important law enforcement, security, and counterterrorism missions.”

For more information about DHS and the executive order, please visit https://www.dhs.gov/executiveorders

Immigration Lawyer in Columbus, Ohio

Green Card, H-1B Visa, Naturalization

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing green cards, visas and naturalization. If you have questions about Trump’s executive order on immigration, or any other immigration benefit, do not hesitate to schedule a consultation. If you need assistance with another immigration issue that is beyond the scope of this article, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

H-1B Premium Processing Status: Temporary Suspension

Mon, 06 Mar 2017 20:55:26 GMT

ALERT — USCIS recently announced that it will no longer accept H-1B premium processing petitions starting April 3, 2017.

USCIS Suspends H-1B Premium Processing as of April 3, 2017

This suspension affects all H-1B cases filed under the upcoming regular or master’s cap. USCIS anticipates the “premium processing” suspension to last “up to six months” while it catches up on long-pending petitions. These include H-1B extension cases that are nearing the 240 day mark.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing immigration benefits including H-1B visas.

If you need assistance with an immigration matter or an H-1B premium processing case, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

Who Is Affected?

As for the H1b premium processing status, all petitions filed under the upcoming H-1B cap (which for FY18 are filed on April 3, 2017) whether filed under the regular or master’s advanced degree cap exemption. The H-1b premium processing suspension also applies to petitions that may be cap-exempt.

During this suspension period, USCIS will reject any request for premium processing (filed on Form I-907) filed with an H-1B petition.

Practice Pointer: If a petitioner submits one combined check for both the Form I-907 and Form I-129 H-1B fees, USCIS will have to reject both forms. Do not file these forms together starting after April 3, 2017.

USCIS will continue to accept premium processing request for H-1B petitions filed before April 3, 2017. USCIS will refund the premium processing fee if: (i) the petitioner filed the Form I-907 for an H-1B petition before April 3, 2017, and (ii) it did not take adjudicative action on the case within the 15-calendar-day processing period.

Immigration Lawyer in Columbus, Ohio

H-1B Visa Attorney

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H1b premium processing status issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

New H-1B Visa Fees and USCIS Fee Increases

Fri, 30 Dec 2016 20:53:36 GMT

Effective December 23, 2016, USCIS has increased fees for most immigration forms, including increase H1B visa fees.

USCIS Increases Fees for Immigration Forms

For any immigration benefit sought after December 23, 2016, the following new fees are required or your petition or application will be rejected by USCIS. The H-1B visa fees have increased from $325 to $460.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with the H-1B visa process .

If you need assistance with an immigration matter or an H-1B visa, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

New USCIS Fees and H1B Visa Fees

This chart lists the new application and petition fees put in place by USCIS for all filings after December 23, 2016:

Immigration Benefit Request	New Fee ($)	Old Fee ($)
G–1041 Genealogy Index Search Request	65	20
G–1041A Genealogy Records Request (Copy from Microfilm)	65	20
G–1041A Genealogy Records Request (Copy from Textual Record)	65	35
I–90 Application to Replace Permanent Resident Card	455	365
I–102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document	445	330
I–129/129CW Petition for a Nonimmigrant worker	460	325
I–129F Petition for Alien Fiancé(e)	535	340
I-130 Petition for Alien Relative	535	420
I-131/I-131A Application for Travel Document	575	360
I–140 Immigrant Petition for Alien Worker	700	580
I-191 Application for Relief Under Former Section 212(c) of the Immigration and Nationality Act (INA)	930	585
I-192 Application for Advance Permission to Enter as Nonimmigrant	585/930 ¹	585
I-193 Application for Waiver of Passport and/or Visa	585	585
I-212 Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal	930	585
I–290B Notice of Appeal or Motion	675	630
I–360 Petition for Amerasian Widow(er) or Special Immigrant	435	405
I–485 Application to Register Permanent Residence or Adjust Status	1,140	985
I-485 Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years)	750	635
I–526 Immigrant Petition by Alien Entrepreneur	3,675	1,500
I–539 Application to Extend/Change Nonimmigrant Status	370	290
I–600/600A Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition	775	720
I-601 Application for Waiver of Ground of Excludability	930	585
I–601A Application for Provisional Unlawful Presence Waiver	630	585
I-612 Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)	930	585
I–687 Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act	1,130	1,130
I–690 Application for Waiver of Grounds of Inadmissibility	715	200
I–694 Notice of Appeal of Decision	890	755
I–698 Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)	1,670	1,020
I–751 Petition to Remove Conditions on Residence	595	505
I–765 Application for Employment Authorization	410	380
I-800/800A Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country	775	720
I–800A Supp. 3 Request for Action on Approved Form I–800A	385	360
I–817 Application for Family Unity Benefits	600	435
I–824 Application for Action on an Approved Application or Petition	465	405
I–829 Petition by Entrepreneur to Remove Conditions	3,750	3,750
I–910 Application for Civil Surgeon Designation	785	615
I–924 Application for Regional Center Designation Under the Immigrant Investor Program	17,795	6,230
I–924A Annual Certification of Regional Center	3,035	0
I–929 Petition for Qualifying Family Member of a U–1 Nonimmigrant	230	215
N–300 Application to File Declaration of Intention	270	250
N–336 Request for Hearing on a Decision in Naturalization Proceedings	700	650
N–400 Application for Naturalization ²	640	595
N–470 Application to Preserve Residence for Naturalization Purposes	355	330
N–565 Application for Replacement Naturalization/Citizenship Document	555	345
N–600/N–600K Application for Certificate of Citizenship	1,170	600/550 ³
USCIS Immigrant Fee	220	165
Biometric Services Fee	85	85

Immigration Lawyer in Columbus, Ohio

H-1B Visa Attorney

Porter Law Office, LLC has experience in securing H-1B visas for a wide variety of organization and individuals. The H-1B visa process is complex. There are strict federal labor laws and immigration rules and regulations. Columbus, Ohio immigration lawyer Matthew R. Porter, Esq. assists employers in complying with the H-1B visa regulations. We can help your organization with H-1B visa petition filings and compliance issues. If your organization is considering sponsoring a foreign national on an H-1B visa, contact Columbus, Ohio immigration lawyer Matthew R. Porter to discuss your H-1B visa options.

Green Card to Citizenship for Spouse of U.S. Citizen

Wed, 21 Dec 2016 20:50:22 GMT

Green Card to Citizenship for Spouse of U.S. Citizen

Are you a green card holder who is married to a U.S. citizen? You may be able to become a naturalized U.S. citizen through the green card to citizenship process.

Naturalization for Spouses of U.S. Citizens

Spouses of U.S. Citizens have Faster Path from Green Card to Citizenship

If you are married to a United States citizen, you may qualify for naturalization under Section 319(a) of the Immigration and Nationality Act (“INA”) . The INA allows green card holders who are married to U.S. citizens to naturalize in a shorter period of time. If you are a green card holder married to a U.S. citizen, you may be eligible to naturalize right now. But there are important rules under the INA that you need to be aware of.

Porter Law Office, LLC is a boutique immigration law firm in Columbus, Ohio that routinely assists clients through the complex naturalization process . We have in depth experience helping individuals achieve their dream of becoming a U.S. citizen through the green card to citizenship process.

Contact Ohio immigration lawyer for a consultation to discuss your naturalization options.

General Naturalization Requirements

Pursuant to INA § 316(a), immediately preceding the date of filing his or her application for naturalization, an applicant for naturalization must be 18 years old and must:

have resided continuously after being lawfully admitted for permanent residence within the United States for at least five years, and during the five years immediately preceding the date of filing his or her application has been physically present therein for periods totaling at least half of that time, and who has resided within the state or within the district of the U.S. Citizenship and Immigration Services (“USCIS”) of the United States in which the applicant filed the application for at least three months;
have resided continuously within the United States from the date of application up to the time of admission to citizenship; and
during all the periods referred to in this subsection has been and still is a person of good moral character, attached to the principles of the Constitution of the United States, and well-disposed to the good order and happiness of the United States.

Green Card to Citizenship

If you are married to a U.S. citizen, the applicable physical residency period is decreased to three years per INA § 319(a). Therefore, you may qualify for naturalization if you:

have been a green card holder (i.e., a lawful permanent resident) for at least three years;
have been living in a marital union with the same U.S. citizen spouse during such time;
meet all the other naturalization eligibility requirements under this section of the INA

Note that the term “marital union” is further clarified and defined under the immigration regulations and U.S. case law. If you have questions about whether your current situation constitutes a marital union under the immigration laws, contact Porter Law Office, LLC .

Contact an Experienced Columbus, Ohio Immigration Lawyer

Naturalization Attorney Representation

The experienced immigration lawyer at Porter Law Office, LLC is dedicated to assisting individuals navigate the complex immigration rules and regulations to obtain the benefit sought. The Columbus, Ohio immigration lawyer has helped numerous individuals obtain U.S. citizenship through the naturalization process. Our boutique immigration law firm is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. If you need help with an immigration issue, or if you have questions on the green card to citizenship process through naturalization (N-400) contact a Columbus, Ohio immigration attorney today for free consultation to discuss your case .

Green Card Marriage Procedure for Individuals Already in the U.S.

Mon, 19 Dec 2016 20:48:33 GMT

Green Card Marriage Procedure for Individuals Already in the U.S.

If you are a U.S. citizen married to a foreign national present in the United States who is not inadmissible you may utilize the green card marriage procedure to help your spouse adjust status to that of lawful permanent resident.

Green Card Through Marriage

Green Card Marriage Procedure USCIS Forms and Fees

Obtaining a green card through marriage with USCIS can be the fastest way to become a lawful permanent resident. But, the green card marriage procedure can be very complex. It requires attention to some very specific regulatory requirements under the immigration laws.

Porter Law Office, LLC is a boutique immigration law firm in Columbus, Ohio. We will promptly and carefully prepare your marriage-based green card application. Our goal is to prepare and file the best possible marriage-based green card application with USCIS. That way, you will have peace of mind knowing that your spouse is living in lawful status in the U.S.

Contact the experienced marriage green card lawyer in Columbus, Ohio today.

Green Card Marriage Procedure

To adjust your status to a green card holder, you must meet the eligibility, application, and documentation requirements found at 8 C.F.R. § 245 . These requirements state the following: (i) you must be physically present in the U.S.; (ii) your immigrant petition must be approved (unless an exception applies, see Practice Pointer below) and your priority date must be current; (iii) you must have been inspected, admitted, or paroled into the United States; and (iv) your circumstances must not have changed to make you ineligible for adjustment of status. You are not eligible for adjustment of status if you are within one of the 12 categories listed in the instructions to Form I-485 .

Applying for a Green Card Through Marriage

If your spouse is in the United States, the process requires filing Form I-130, I-485, providing biographical information on Form G-325A, an affidavit of support (Form I-864), submitting a medical examination, the required supporting documents, the USCIS filing fees, and the optional application for work authorization (Form I-765), and travel document (Form I-131).

After your spousal green card application has been filed, USCIS will send you a notice to take your biometric fingerprinting and photograph. Then, if you applied for them, USCIS will issue your work authorization document and permission to travel abroad. These will arrive around 90 days after filing.

Next, USCIS will send you a notice scheduling your green card interview. The purpose of this interview is to confirm the bona fides of your marriage. Based on current processing times, this appointment will be scheduled anywhere from three to six months after you file. Following a successful interview, USCIS will mail your green card (or permanent resident card) anywhere from two to four weeks after the interview.

Important : If you got married less than two years before your green card marriage procedure application was filed, you will be considered a conditional permanent resident upon approval of your I-485. Your green card will be valid for two years. Your conditional status may be dropped by applying for a Petition to Remove Conditions on Residence within 90 days of the two year anniversary of USCIS granting your conditional permanent residency.

Immigration Lawyer in Columbus, Ohio

Green Card Marriage Procedure Representation

Porter Law Office, LLC assists foreign nationals with securing U.S. visas, green cards, or U.S. citizenship. Our boutique law firm has vast experience with the green card marriage procedure. If you and your spouse are present in the U.S., and you have questions about how to obtain a green card through marriage, contact Columbus, Ohio immigration attorney today to schedule a free consultation to discuss your family-based green card options.

USCIS Improves Citizenship Resources for Mobile Devices

Tue, 13 Dec 2016 20:45:49 GMT

Citizenship Resource Center will be easier to use from a smartphone, tablet or other mobile device.

As part of the USCIS Office of Citizenship, which promotes instruction and training on citizenship, the Citizenship Resource Center provides free citizenship materials preparation and study materials.

Citizenship Materials Easier to Access on All Handheld Devices

Beginning December 12, these citizenship materials have become easier to use from a smartphone, tablet or other mobile device. Among the improvements, the new design puts key navigational links inside a single “hamburger” icon like that found on many other mobile sites. This redesign follows the launch of mobile friendly design on other parts of uscis.gov and uscis.gov/es earlier this year.

The experienced immigration attorney at Porter Law Office, LLC has helped numerous individuals achieve their dream of obtaining U.S. citizenship through the naturalization process.

Contact Columbus, Ohio immigration and naturalization lawyer for a consultation to discuss your options.

Office of Citizenship

Mandated by the Homeland Security Act of 2002 (Pub. L. No. 107–296) , the USCIS Office of Citizenship’s goal is to promote instruction and training on citizenship rights and responsibilities, including the development of educational materials.

According to a statement on the Citizenship Resource Center, “the mission of the Office of Citizenship is to provide federal leadership, tools, and resources to proactively foster immigrant integration. To facilitate this process, the Office of Citizenship engages and supports partners to welcome immigrants, promote English language learning and education on the rights and responsibilities of citizenship, and encourage U.S. citizenship.”

Specifically, the Office of Citizenship is focused on three specific areas of work:

Providing immigrants with opportunities and tools to become vested citizens
Building community capacity to prepare immigrants for citizenship
Promoting dialogue and collaboration on integration and raising awareness of its importance to society

Contact an Experienced Columbus, Ohio Immigration Lawyer

The experienced immigration lawyer at Porter Law Office, LLC is dedicated to assisting individuals navigate the complex immigration rules and regulations to obtain the benefit sought. Specifically, Porter Law Office, LLC has helped numerous individuals obtain U.S. citizenship through the naturalization process. Our firm is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. If you need help with an immigration issue, or if you have questions on becoming a U.S. citizen, contact Columbus, Ohio immigration attorney Matthew R. Porter today for free consultation to discuss your case .

H-4 Visa for Dependent of H-1B Visa Holders

Thu, 08 Dec 2016 20:42:15 GMT

H-4 Status for Dependents

If you are the spouse or child of an H-1B worker , you may be eligible for H-4 visa dependent status . Individuals on H-4 are generally not authorized to work in the United States (unless the H-1B worker is seeking employment based permanent residency ) but they may attend school. A dependent child may hold H-4 status until age 21.

If you have questions regarding H-4 status, or any other employment-based immigration benefit such as the H-1B visa, contact the experienced immigration lawyer at Porter Law Office, LLC today.

If you are following the H-1B worker to the U.S., you need to apply for an H-4 visa. Again, only the H-1B visa holder’s spouse and minor children may apply for an H-1B dependent visa. You will need to present proof of the relationship to the H-1B (marriage certificate and birth certificates) to the consulate officer at your H-4 interview, along with all other consulate required information.

Columbus, Ohio Immigration Lawyer

Ohio Immigration Attorney

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing H-1B visas and H-4 dependent status. A specialty occupation is one that requires highly specialized knowledge and skills and a bachelor’s degree or foreign equivalent in a specific field of study. Typical specialty occupations in the H1B visa category include computer systems analysts and programmers, physicians, dentists, professors, engineers and accountants.

If you need assistance with maintaining your H-1B visa status or H-4 visas, contact the H-1B immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

Trump Immigration Policy: Ten Point Plan Explained

Wed, 16 Nov 2016 20:40:22 GMT

Trump immigration plan explained

The Trump immigration policy is rooted in protection. It aims to protect the American worker, national security, and the rule of law.

As an immigration lawyer in Columbus, Ohio who has studied Trump’s immigration plan, the plan’s protection goals must comply with equitable immigration laws. This article explains the ten main points of Trump’s immigration policy from an immigration attorney standpoint.

If you have questions about Trump’s immigration plan, contact the Columbus, Ohio based boutique immigration law firm to speak with an immigration attorney today.

Trump’s Ten Point Plan

Here are the main points of Trump’s ten part plan:

Begin working on an impenetrable physical wall on the southern border, on day one.
End catch-and-release. Anyone who illegally crosses the border will be detained until they are removed from the U.S.
Remove immigrants who were ordered removed but who have illegally remained in the country. This involves a joint operations with local, state, and federal law enforcement.
End sanctuary cities. Sanctuary cities are places where local law enforcement are not required to notify federal authorities of residents who may be in the country illegally.
Immediately terminate President Obama’s two executive amnesties, Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents (DAPA) and enforce all immigration laws. Trump will also triple the number of ICE agents.

DACA and DAPA exempted certain categories of illegal aliens from being deported (this bar on deportations was halted by court order, but the underlying exemption still remains on the books). USCIS has suspended requests for relief. For more information, see USCIS webpage .
Suspend the issuance of visas to any place where adequate screening cannot occur, until proven and effective vetting mechanisms can be put into place.
Ensure that other countries take their people back when they are ordered removed by the U.S.
Ensure that a biometric entry-exit visa tracking system is fully implemented at all land, air, and sea ports.
“Turn off the jobs and benefits magnet,” which attracts many immigrants to the U.S. illegally in search of jobs, even though federal law prohibits the employment of illegal immigrants.
Reform legal immigration to serve the best interests of America and its workers, keeping immigration levels within historic norms.

Will Trump accomplish all of these plans?

The answer is simply unknown. What is know is that terminating DACA and DAPA, and any of his predecessor’s executive orders, can be done immediately in the same way the orders were enacted, with the stroke of his pen.

Other actions, like building the wall, will require Congressional approval. Even though he has a majority in Congress, such actions are not automatic.

Immigration Lawyer in Columbus, Ohio

Green Card, H-1B Visa, Naturalization

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing green cards, visas and naturalization. If you have questions about Trump’s immigration plan, do not hesitate to schedule a consultation. If you need assistance with another immigration issue that is beyond the scope of this article, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

Trump Immigration Policy: Will it make America great again?

Mon, 14 Nov 2016 20:37:08 GMT

Ten point Trump immigration plan to “Put America First”

Trump immigration plan aims to put American workers first while prioritizing national security.

As an immigration lawyer in Columbus, Ohio, I try to stay up-to-date on immigration reform news. Immigration reform has eluded us for many years. But, now that Donald Trump has been elected president, and the GOP controls Congress, we may be on the verge of real reform. So it’s time to sift through the rhetoric and understand what Trump’s immigration plan is all about.

After reviewing the plan, it is all about jobs. Not only jobs, but American jobs. That’s all American jobs, from landscaping to agriculture to information technology. Trump’s plan is 100% geared toward the security of the American worker, and that is both good and bad.

Contact Porter Law Office, LLC a boutique immigration law firm in Columbus, Ohio for more information on how the Trump immigration policy may affect you or your business.

What is the Trump immigration policy?

First, you should read the Trump immigration policy summary before reading any further. In the first paragraph, the overarching purposes of his plan is to put “the needs of working people first.” To do this, his plan has three core principles:

Build a wall between the U.S. and Mexico because a nation without borders is not a nation.
Enforce laws passed in accordance with our Constitution because a nation without laws is not a nation.
Immigration system must improve jobs, wages, and security for all Americans because a nation that does not serve its own citizens is not a nation.

Each of the ten points of the Trump immigration plan fit with one or more of these principles.

Point One – The Wall

The first point on the reform plan is to begin working on an impenetrable physical wall on the southern border, on day one. There is already a barrier system in place for around 670 of the roughly 2,000 mile U.S./Mexico border.

Trump states that Mexico has been using illegal immigration to export crime and poverty to the U.S. This costs American taxpayers hundreds of billions in healthcare costs, housing, education, welfare and other costs.

The border between Mexico and the U.S.

Boldly, Trump has promised to make Mexico pay for the wall. His plan indicates that the cost of the wall will be nothing compared to what American taxpayers spend each year on illegal immigration. And, he is prepared use a variety of means to accomplish this.

The plan states that until Mexico pays for the wall, the U.S. will impound all remittance payments derived from illegal wages; increase fees or cancel all temporary visas issued to Mexican CEOs and diplomats; increase fees on all border crossing cards; increase fees on all NAFTA worker visas from Mexico (to reduce overstays); and increase fees at ports of entry to the United States from Mexico.

Building a wall is not popular. This is a country of immigrants, so we do not want to make it appear we are anti-immigration. Also, there is a general stigma regarding barriers between countries. Whatever the reasons, shoring up our borders for secure, legal, transparent intercountry travel seems to be a good idea. Whether it is a physical wall or some other technological advancement, a strong, secure border is essential. Especially in a post-9/11 world where terrorism is a serious threat to our country.

For more information on the Trump immigration policy, see the article describing Trump’s ten point immigration plan written by Columbus, Ohio Immigration Attorney Matt Porter.

Naturalization (Form N-400) Processing Recently Updated by USCIS

Thu, 22 Sep 2016 19:36:04 GMT

Naturalization (Form N-400) Processing Recently Updated by USCIS

USCIS updates reflect move to electronic filing of immigration forms, including the Form N-400, Application for Naturalization

The USCIS announced this week two important updates regarding filing Form N-400, Application for Naturalization .

The first update is that applicants no longer need to submit two passport style photographs. You, as a green card holder and applicant for naturalization, will have your image captured when you appear at the Application Support Center (“ASC”) for the biometric appointment.

The second update states that all applicants, regardless of age, must schedule an appointment at the ASC for collection of their fingerprints, photographs, and signature. Previously applicants who were 75 years or older were not required to appear at an ASC.

The experienced immigration attorney at Porter Law Office, LLC has helped numerous individuals achieve their dream of becoming a U.S. citizen through the naturalization process .

If you hold a green card and are interested in the naturalization process, contact Ohio immigration and naturalization lawyer for a consultation to discuss your options.

Move Towards Electronic Filing of Naturalization Forms

These updates are due in large part to the fact that this form is now processed electronically. Their improved technology means they can now capture fingerprints for applicants of all ages.

This enhances USCIS’s ability to confirm the applicant’s identity and perform required background checks. Although the change will mostly inconvenience those who are 75 years or older, they will be pardoned from the usual biometrics fee.

Accommodations for Certain Naturalization Applicants

The USCIS makes sure that their facilities are accessible to individuals with disabilities. However, USCIS can make special arrangements to accommodate the needs of the elderly and applicants with disabilities, who are homebound or hospitalized.

This is known as homebound processing and you can request an accommodation for their appointment by submitting a service request online or calling the National Customer Service Center (“NCSC”) during all hours at 800-375-5283.

Contact an Experienced Columbus, Ohio Immigration Lawyer

The experienced immigration lawyer at Columbus, Ohio based Porter Law Office, LLC is dedicated to assisting green card holders and foreign nationals navigate the complex immigration rules and regulations. Specifically, Porter Law Office, LLC has helped numerous individuals obtain U.S. citizenship through the naturalization process . Our firm is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. If you need help with an immigration issue, or if you have questions on becoming a U.S. citizen through the naturalization process, contact Columbus, Ohio immigration lawyer Matthew R. Porter today for free consultation to discuss your case .

FAQ Series: H1B Transfer Rules and Guidelines

Thu, 23 Jun 2016 19:32:22 GMT

H-1B Transfer Frequently Asked Questions (FAQs)

Porter Law Office, LLC handles complex H-1B services for a diverse client base. We get many questions on the H-1B transfer process. That is, for transferring an H-1B visa from one company to another.

This article addresses frequently asked H1B transfer questions and provides responses based on the immigration rules and regulations. It must be emphasized that your employer should always consult with an experienced immigration lawyer to discuss the details of your specific case before taking any action.

If you have questions regarding the H1B transfer process, contact the experienced immigration lawyer at Porter Law Office, LLC today.

Q: I am currently working for Company A on an H-1B visa. Can I transfer my H1B visa to Company B?

A: You may change employers and “port” from Company A to Company B. The Immigration and Nationality Act (INA) allows this under 214(n) under what is commonly known as an H1B transfer petition. You can “port” and begin working for Company B at the filing of the H1B transfer petition.

Specifically, the rules state that a nonimmigrant alien who was previously issued a visa or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) is authorized to accept new employment upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant as provided under subsection (a). Employment authorization shall continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.

Q: Before I apply for an H1B transfer with Company B, what do I have to tell my current employer, Company A?

A: While you do not have to obtain permission from Company A, the new company will not be notified by USCIS or the Department of Labor about the H1B transfer, you owe your current employer the courtesy of a two-week notice and the formal job termination procedures.

Q: Once my H1B transfer petition has been approved, how long do I have to join Company B?

A: Technically, there is no time limit. You can join any time during the approval period on your new H1B approval notice (Form I-797). Even if your H1B transfer petition is approved, you can decide to remain with Company A as if you never filed an H1B transfer.

Q: Is there any limit to how many times I can apply for an H1B transfer?

A: No. You can apply as many times as you want.

Q: Can I apply for an H1B transfer for multiple employers at the same time?

A: Yes.

Q: I have an H1B visa stamp from Company A. I just received an H1B approval notice for Company B. Do I need a new H1B visa stamp in my passport?

A: A common difficulty is understanding the difference between an H1B visa stamp and H1B status. The H1B visa stamp is only necessary to enter the United States. Once you are here, you need to be in valid H1B status to remain in the U.S. to legally live and work.

When you travel, you will need an unexpired H1B visa stamp to return to the U.S. You can use an unexpired H1B visa stamp (even if it is from Company A) to travel back to the U.S. so long as you have a copy of the new H1B approval notice from Company B. If your H1B stamp has expired, you generally need to go to the U.S. consulate in your home country and get a new one to travel back to the U.S.

Q: What kind of evidence do I need for an H1 transfer? Is more evidence required than for a standard H1B cap petition?

A: You need all the evidence that was provided in your H1B cap case, with the following:

Pay records or payroll summaries and/or W-2s
Time sheets
Prior year’s work schedules
Examples of work product created by employee
Dated performance reviews
Employment history records that indicate date of hire, promotions, transfers

Q: I am working for Company A, but assigned to an end-client. May I join the end-client on H1B?

A: That is allowable under the rules if the H1B requirements are met. Be aware of the employment law issues, such as ensuring you are not violating a non-compete provision in your employment agreement.

Q: Can an H1b that was approved and never used be transferred from outside the country?

A: A transfer is nothing but a new H 1b application that is not subject to the cap. If you have proof of prior approval (like the copy of I797 or a receipt num ber), a new em ployer can transfer the H 1b even if you have not entered into the USA.

Q: Can I transfer from Company A to B even after my last approved petition has expired?

A: Yes. Under certain circumstances, you may be able to port from Company A to B even if your I-94 or last approved petition has expired. In order to port, however, you must meet all the requirements of INA § 214(n), including the requirement that the new petition be filed while you are in a “period of stay authorized by the Attorney General.” USCIS has previously determined and issued guidance explaining what constitutes a “period of stay authorized by the Attorney General.” One example would be:

Alien is in H-1B status. Employer A timely files a non-frivolous extension of the alien’s H-1B status. Alien’s original petition, approved for Employer A, expires during the pendency of the extension. Alien is then in a “period of stay as authorized by the Attorney General” while Employer A’s extension is pending. Employer B then files new petition and alien wants to port to Employer B. Under INA § 214(n), the alien should be permitted to port because he or she is in a “period of stay as authorized by the Attorney General.”

In other words, porting under INA §214 does not require that the alien currently be in H-1B status as long as he or she is in a “period of stay authorized by the Attorney General.”

Q: I am employed by Company A on an H1b , got a new offer from Company B and filed for a transfer. which is pending. Now I have an offer from Company C that I want to join. Do I have to wait for approval from Company B to transfer to Company C?

A: This situation has been addressed by USCIS, see Yates Memo, page 11 (May 12, 2005) . You do not have to wait for approval from Company B to transfer to C.

Q: If successive H-1B portability petitions can be filed, what happens if an alien’s nonimmigrant status expires while the H-1B portability petitions are pending and a petition in the “bridge” is denied?

A: To be approved every H-1B portability petition must separately meet the requirements for H-1B classification and for an extension of stay. In the event that your nonimmigrant status has expired while the petitions are pending, the denial of any filing in the string of extension of stay and/or change of status filings undercuts the “bridge” that “carried” any petition filed after the expiration of any approved status which will result in the denial of the successive requests to extend or change status.

Q: I used to work for Company A and I have an H1B visa that is still current, but I do not work that company any more. I am back in my home country. Will I be allowed to enter the U.S. on that H1B visa to look for employment with another company?

A: No.

Q: Is H1B transfer subject to cap?

A: No.

H-1B Visa Lawyer in Columbus, Ohio

H1B Transfer Representation

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC helps secure H1B transfer approvals. A specialty occupation is one that requires highly specialized knowledge and skills and a bachelor’s degree or foreign equivalent in a specific field of study. Typical specialty occupations in the H1B visa category include computer systems analysts and programmers, physicians, dentists, professors, engineers and accountants.

If you need assistance with an an H-1B visa or immigration issue that is beyond the scope of this guide, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

Green Card Process (I-485) Admission Evidence Missing

Mon, 06 Jun 2016 19:28:43 GMT

Green Card Process (I-485) Admission Evidence Missing

To adjust status to that of a lawful permanent resident of the United States, the green card process requires proof that the foreign national was “inspected” and “admitted” by an immigration officer.

This article highlights some of the key evidentiary issues that are present in the green card process when a foreign national does not have proof of a legal admission.

Porter Law Office, LLC offers comprehensive services to foreign nationals residing in the United States. The experienced immigration attorney at Porter Law Office LLC can help you with an adjustment of status (I-485) application through the marriage green card process.

If you need a U.S. visa, green card, or citizenship, contact the immigration attorney at Columbus, Ohio-based Porter Law Office, LLC to discuss your case.

Legal Analysis for Adjustment of Status under INA § 245

The green card process for an individual residing in the U.S. currently is called adjustment of status. Pursuant to the Immigration and Nationality Act (“INA”) § 245, to be eligible for adjustment of status, the applicant must have been inspected and admitted or paroled, be in lawful status, and not have worked illegally in the United States subsequent to January 1, 1977. See INA § 245 .

There also must be a visa number “immediately available” at the time of the application. This requirement refers to the quota availability and preference category under which the person seeks permanent residency. See 8 C.F.R. §§245.1(g) .

The adjustment applicant must be able to overcome any and all grounds of inadmissibility (see INA § 212(a) health, crimes, controlled substances, prostitution, human trafficking, national security threats and terrorists, Nazi, totalitarian government supporters, individuals who will be a public charge, EWI entry without inspection, misrepresentation, false claims to US citizenship, stowaways, unlawfully present, unlawfully voted).

Even if a person meets these statutory eligibility requirements, his or her application still may be denied as a matter of discretion. The discretionary factors are family ties in the United States, hardship in traveling abroad, length of U.S. residence, previous immigration violations, and preconceived intent (which refers to the intent that a person may have had at the time of his or her last admission prior to pursuing adjustment of status). If a person is seeking adjustment based on an immediate-relative petition, preconceived intent, standing alone, is not sufficient to deny the application. Matter of Cavazos, 17 I&N Dec. 215 (BIA 1980).

Contact Porter Law Office, LLC to schedule a green card consultation today.

Green Card Process under INA § 245 for Alien Legally “Admitted” into the U.S. per INA §101(a)(13)(A)

The INA defines admission as the “lawful entry of the alien into the United States after inspection and authorization by an immigration officer.” INA §101(a)(13)(A). According to Matter of Areguillin, 17 I&N Dec. 308 (BIA 1980), “inspection” refers to physically presenting oneself for questioning and avoiding making any false claims to citizenship.

It is important to note that an immigration officer does not have to ask the alien any questions, nor is the alien required to offer any information on his own volition.

“Admission,” on the other hand, refers to the inspecting officer communicating to the foreign national that he or she has determined the applicant is not inadmissible.

Lawful entry refers to only procedural regularity in the inspection process. As long as the foreign national follows the proper procedure when presenting his/herself for inspection, then the entry was lawful. Matter of Quilantan, 25 I&N Dec. 285 (BIA 2010).

Secondary Evidence in lieu of Entry Evidence (passport, I-94, etc.)

When an applicant for adjustment of status has misplaced their passport containing proof of valid entry, additional evidence of lawful admission into the U.S. must be provided. Pursuant to the code of federal regulations, two or more affidavits must be submitted when a primary document does not exist that meet the following: (i) the affiants are not parties to the application, (ii) the affiants have direct personal knowledge of the event and circumstances (8 CFR 103.2(b)(2)).

Accordingly, the green card process will require additional evidence when proof of a valid entry has been misplaced. Often times, the applicant will submit an affidavit outlining the circumstances of valid entry along with two other sworn affidavits of persons who are not parties to the petition who have direct personal knowledge of the applicant’s lawful admission as required by 8 CFR 103.2(b)(2).

Contact Columbus, Ohio immigration attorney to discuss today.

Freedom of Information Act (FOIA) Request

A Freedom of Information Act (“FOIA”) request should be conducted to obtain any and all information regarding an applicant’s lawful admission.

Sometimes, the FOIA response will contain prior immigration paperwork submitted by or on behalf of the applicant, which will have corroborating evidence of their entry into the U.S. (for example, the FOIA response may contain prior Form I-485s, prior nonimmigrant visa numbers, the date and place of entry, flight information, A-numbers, and info relating to the applicant’s family).

Standard of Proof in Green Card Process

The standard of proof applied in most administrative immigration proceedings is the “preponderance of the evidence” standard. Thus, if the petitioner submits relevant, probative, and credible evidence that tends to prove the claim is “probably true” or “more likely than not,” the applicant has satisfied the standard of proof. U.S. v. Cardozo-Fonseca, 480 U.S. 421 (1987) (defining “more likely than not” as a greater than 50 percent probability of something occurring).

Submitting affidavits and other evidence corroborating a valid inspection and admission into the U.S. can establish by more than a preponderance of the evidence that the I-485 applicant was lawfully admitted into the U.S. under INA § 101(a)(13)(A).

Contact an Experienced Ohio Immigration Lawyer

Adjustment of Status Representation

The experienced immigration lawyer at Porter Law Office, LLC is dedicated to assisting individuals navigate the complex green card process. By hiring Porter Law Office, LLC, you be working with an experienced immigration lawyer who understands what it takes establish the best possible plan to obtain you or your family member’s green card through the adjustment of status process. Porter Law Office, LLC is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. If you need help with the green card process, or any other immigration issue, contact Columbus immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

Online Inquires OK’ed for H-1B Employers

Thu, 26 May 2016 19:27:45 GMT

H-1B Employers Online Inquires OK’ed

As of April 21, 2016, USCIS now allows H-1B employers who filed Form I-129, Petition for a Nonimmigrant Worker , requesting an extension of stay or change of employer, to submit an inquiry after their petition has been pending for 210 days or more.

H-1B employers may now submit this inquiry online by selecting “case outside normal processing time.” If you filed an H-1B extension or transfer petition, and you have waited for more than 210 days, go to the e-Request page at USCIS.gov and fill out the online inquiry.

H-1B Visa Lawyer in Columbus, Ohio

A specialty occupation is one that requires highly specialized knowledge and skills and a bachelor’s degree or foreign equivalent in a specific field of study. Typical specialty occupations in the H1B visa category include computer systems analysts and programmers, physicians, dentists, professors, engineers and accountants.

The experienced immigration attorney at Columbus, Ohio-based Porter Law Office, LLC has in depth experience with securing H1B visas .

If you need assistance with an an H-1B visa or immigration issue that is beyond the scope of this guide, contact the business immigration lawyer at Porter Law Office, LLC in Columbus, Ohio today.

H-4 EAD for Spouses of H-1B Visa Holders

Thu, 26 Feb 2015 20:26:37 GMT

DHS action allows certain H-4 dependent spouses of H-1B nonimmigrants to work in the U.S.

Effective on May 26, 2015, the Department of Homeland Security (DHS) will be allowing H-4 EAD (work authorization) for certain dependent spouses of H-1B nonimmigrants. The principal must be seeking employment-based green cards, or lawful permanent resident (LPR) status. DHS amended the regulations to allow H-4 dependent spouses to work in the U.S.

The Columbus, Ohio immigration attorney at Porter Law Office, LLC offers comprehensive H-1B visa services and employment-based immigration solutions. We can help obtain H-4 EAD and as a Certifying Acceptance Agent we can expedite the process of obtaining an Individual Tax Identification Number (ITIN) for H-4 spouses.

Contact the immigration lawyer at Columbus, Ohio-based Porter Law Office, LLC to discuss your options today.

Who is Eligible for H-4 Work Authorization?

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who:

Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or
Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

How to Apply for H-4 EAD?

To obtain employment authorization under the new rule, eligible H-4 dependent spouses will be required to file Form I-765, Application for Employment Authorization , with the required supporting documentation and filing fee. If approved, H-4 dependent spouses will receive an employment authorization document (EAD), which allows for employment authorization in the U.S.

This rule is effective as of May 26, 2015. Therefore, H-4 dependent spouses should not submit an application for employment authorization until May 26, 2015. You should avoid anyone who offers to assist in submitting an application to USCIS before the effective date. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

How the Rule Benefits the U.S.

The DHS provides many justifications for allowing H-4 dependent spouses to obtain H-4 EAD.

To modernize, improve and clarify visa programs to grow the U.S. economy and create jobs.
It helps U.S. businesses keep their highly skilled workers by increasing the chances these workers will choose to stay in this country during the transition from temporary workers to permanent residents.
It also provides more economic stability and better quality of life for the affected families.
It will reduce the economic burdens and personal stresses H-1B nonimmigrants and their families may experience during the transition from nonimmigrant to lawful permanent resident status.
It will help H-1B nonimmigrants and their families integrate into American society.
It will help reduce certain disincentives that currently lead H-1B nonimmigrants to abandon efforts to remain in the United States while seeking lawful permanent residence, which will minimize disruptions to U.S. businesses employing them.
It will support the U.S. economy because the contributions H-1B nonimmigrants make to entrepreneurship and science help promote economic growth and job creation.
The rule also will bring U.S. immigration policies more in line with those laws of other countries that compete to attract similar highly skilled workers.

What if I-140 has not been filed?

If the H-1B worker has not yet begun the green card process through employment, the H-4 dependent spouse may not obtain employment authorization. As such, the H-4 dependent spouse may not obtain a SSN. Porter Law Office, LLC is an IRS-approved Acceptance Agent in Columbus, Ohio .

If the H-1B worker wants to file jointly a U.S. federal income tax return jointly with the H-4 dependent spouse, the H-4 spouse will need an ITIN. To obtain an ITIN, you may have to send the IRS your original passport. Keep your passport by engaging Porter Law Office, LLC to file for your ITIN.

Contact today to apply for an ITIN for your H-4 spouse.

Contact an Experienced Columbus, Ohio Immigration Attorney

H-4 EAD or ITINs

The experienced employment-based immigration attorney at Columbus, Ohio-based Porter Law Office, LLC. The experienced Columbus, Ohio immigration lawyer assists businesses and their workers navigate the complex area of employment-based immigration, including H-1B visas and work authorization for H-4 dependent spouses. Porter Law Office, LLC is also an IRS-approved Certifying Acceptance Agent that assists H-4 dependent spouses with obtaining ITINs. The firm is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. Contact the Columbus, Ohio immigration lawyer today for free consultation to discuss your options.

Are You Looking for a Job? Use USCIS Self Check!

Fri, 29 Aug 2014 19:25:24 GMT

Are You Looking for a Job? Use USCIS Self Check

If you are looking for a job, did you know that you can use the U.S. Citizenship and Immigration Service’s (“USCIS”) Self Check process to verify your employment eligibility?

Self Check allows you to start the employment eligibility process before your new employer initiates an E-Verify inquiry. By using Self Check, you will be able to resolve potential mismatches before your employer finds out about them. As a Columbus immigration lawyer who assists employers with employment compliance (Form I-9) issues, Self Help is an important tool for employees a tool that gives you very important employment information. To learn more, the USCIS’s Self Check Toolkit contains a variety of helpful tools.

Contact Porter Law Office, LLC for questions on how to get started using Self Check today!

Why Use Self Check?

Under federal law, every employer must verify your employment eligibility after you are hired. They do so by completing and maintaining Form I-9. An employer cannot hire, recruit, or refer an employee known to be unauthorized to work in the U.S. Employers at over 1.6 million hiring sites are using E-Verify to determine whether their employees are authorized to work.

Self Check is a free, secure, online service available to anyone over the age of 16. Employers cannot require a job seeker to use Self Check. Rather, Self Check is for job seekers only. Learn about Self Check Facts and Myths and your rights and responsibilities when you apply to work for an employer who participates in E-Verify.

Contact an Experienced Columbus Immigration Lawyer

Self-Check and E-Verify Compliance

The experienced employment-based immigration lawyer at Porter Law Office, LLC assists businesses navigate the complex area of employment eligibility verification and E-Verify . The experienced Columbus immigration lawyer at Porter Law Office, LLC understands how to obtain complex work authorizations for employees, and assists employers with their I-9 obligations. Porter Law Office, LLC is conveniently located outside of Columbus in the suburb of Gahanna, Ohio. Contact Columbus employment immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

New Secure Blue Ink for USCIS Secure Stamps on Certain Form I-9 Acceptable Documents

Thu, 28 Aug 2014 19:23:59 GMT

New Secure Blue In k for USCIS Secure Stamps on Certain Form I-9 Acceptable Documents

The Columbus immigration lawyer at Porter Law Office, LLC would like to inform you that USCIS will stop using red ink on certain Form I-9 Acceptable Documents . On July 1, 2014, the U.S. Citizenship and Immigration Service (USCIS) started using a new secure blue ink for many of its secure stamps including:

The DHS Parole Stamp
Temporary I-551 Alien Documentary Identification and Telecommunication (ADIT) Stamp
Refugee Stamp (Section 207)
Asylum Stamp (Section 208)
Initial and Replacement Form I-94 Stamps

If you have questions relating to your company’s Form I-9 obligations , contact the experienced Columbus immigration lawyer at Porter Law Office, LLC today!

USCIS E-Verify Refresher Webinars for HR Staff

Tue, 19 Aug 2014 19:20:05 GMT

USCIS E-Verify Refresher Webinars for HR Staff

The United States Citizenship & Immigration Service (“USCIS”) is offering employers the opportunity to attend a series of free E-Verify webinars.

Whether you want to provide an E-Verify refresher to your HR staff or educate your association members on how to properly verify employment eligibility, the training specialists at USCIS are providing these webinars that are tailored to your specific e-verify needs.

The Columbus immigration lawyer at Porter Law Office, LLC offers business counsel to employers and HR managers with employment eligibility verification ( Form I-9 ) compliance for their workforce. Contact Porter Law Office, LLC to discuss your options today.

E-Verify Webinars

USCIS is providing a unique opportunity to engage the public in E-Verify educational webinars. The E-Verify webinars are available on many different dates between the hours of 7:00 AM and 7:00 PM EST. There are several different webinar choices for employers and employees to attend including: Form I-9, E-Verify, Self Check, Employee Rights and Federal Contractor topics. Presentation times range from 30 to 60 minutes in duration. The interactive webinars allow attendees the opportunity to engage with USCIS trainers and get their questions answered. Finally, USCIS notes that Spanish speaking presenters are also available.

Note : A webinar is a live internet-based seminar that you can attend from your home or office.

What is E-Verify?

E-Verify is an internet-based system that allows businesses to determine whether their employees are authorized to work in the United States. E-Verify is free, fast, and user friendly. Federal law requires that employers hire only individuals who are legally authorized to work in the U.S. Authorized employees are either U.S. citizens, or foreign citizens who have valid worth authorization.

Form I-9 Obligations

As an employer , you have certain responsibilities under U.S. immigration law during the hiring process. The the Immigration Reform and Control Act of 1986 (IRCA) added the employer sanction provisions found in Immigration and Nationality Act (“INA”) Section 274A (see also 8 C.F.R. 274a ). The Immigration Act of 1990 and the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) of 1996 shaped these laws into what they are today.

Generally, an employer must verify the identify and employment authorization of each person hired after November 6, 1986 and complete and retain a Form I-9 for each employee required to complete the form. The INA prohibits employers from discriminating against individuals based on citizenship or immigration status during the I-9 process. Thus, employers should develop and implement strict anti-discrimination policies, practices and procedures for their employees and HR managers who conduct I-9 verification or E-Verify confirmation. Finally, an employer cannot hire, recruit, or refer an alien known to be unauthorized to work in the U.S.

Form I-9 Inspection Process

Request and Review of Forms I-9

The U.S. government conducts hundreds of worksite investigations per year. The administrative I-9 inspection process starts with Immigration and Customs Enforcement (“ICE”) issuing the employer a Notice of Inspection (“NOI”). The NOI compels the production of Forms I-9 within at least three business days. ICE agents or auditors inspect the Forms I-9 for compliance.

Practice Note : Similar to any government investigation, you have rights and responsibilities. Simply being investigated for an I-9 violation does not mean that your company violated any rules. Accordingly, knowing the I-9 inspection process and having a well-planned response strategy is extremely important.

Employer Response

By statute, an employer is given 10 days to correct technical or procedural violations and is subject to a fine, see INA §274A(b)(6)(B) (8 U.S.C. § 1324a(b)(6)(B)). An employer may be criminally prosecuted if it has knowingly hired or continued to employ unauthorized workers under INA § 274A(a)(1)(a) or (a)(2) . In such case, the employer will be required to cease the unlawful activity and could be debarred by ICE.

ICE Notification of I-9 Violations

ICE will notify the company, in writing, of the results of the inspection once completed. If the company is found to be in compliance with I-9 obligations, ICE will send a compliance letter known as a “Notice of Inspection Results.” If ICE finds that an employee is not authorized to work, it will send a “Notice of Suspect Documents” outlining the possible criminal and civil penalties for continuing to employ that individual. At that point, the company will be provided an opportunity to present additional documentation to prove work authorization if ICE’s determination is incorrect.

ICE may send several other notices including: a Notice of Discrepancies (unable to determine work eligibility based on review of I-9s), a Warning Notice (substantive violations were identified, but no fines because there is an expectation of future compliance), and a Notice of Intent to Fine (“NIF”) (substantive, uncorrected violations).

Settlement or Hearing before an ALJ

When the company receives a NIF, ICE will serve charging documents that specify the violations allegedly committed by the employer. In response, the employer can negotiate a settlement with ICE or request a hearing before the Office of the Chief Administrative Hearing Officer (“OCAHO”) within 30 days of receiving the NIF. If you request a hearing, the OCAHO assigns the case to an Administrative Law Judge (“ALJ”) and sends all parties a copy of a Notice of Hearing and complaint. Like any other court case, you must follow the rules of procedure before the OCAHO. A well prepared defense may help the case settle prior to an evidentiary hearing.

To combat unlawful employment, ICE began a program called the Mutual Agreement between Government and Employers, or IMAGE program in July 2006. The IMAGE program assists employers in targeted sectors develop a more secure and stable workforce. It also enhances fraudulent document awareness through education and training.

Civil Fines and Criminal Penalties for I-9 Violations

The civil fines and criminal penalties for I-9 violations can be stiff. These cases are highly visible and the negative press can irreparably damage your business’s reputation. Because the government conducts hundreds of worksite investigations each year, establishing I-9 compliance practices is key to limiting your company’s civil and criminal exposure. When despite your company’s best efforts, your company is charged with one of the following civil or criminal violations, Porter Law Office, LLC can help establish a defense to the allegations and seek the best possible resolution of your case.

Civil Fines and Criminal Penalties for Form I-9 Violations

Hiring or continuing to employ a person, or recruiting or referring for a fee, knowing that the person is not authorized to work in the United States. Minimum of $375 per employee (first offense) with a maximum of $16,000 for each employee (third offense).
Failing to comply with Form I-9 requirements. Minimum of $110 per form (first offense) with a maximum of $1,100 for each form (third offense).
Committing or participating in document fraud. Minimum of $375 per employee (first offense) with a maximum of $6,500 for each employee (third offense).
Committing document abuse. Minimum of $110 per violation (first offense) with a maximum of $6,500 per violation (third offense).
Unlawful discrimination against an employment-authorized individual in hiring, firing, or recruitment or referral for a fee. Minimum of $375 per violation (first offense) with a maximum of $16,000 per violation (third offense).
Asking an employee for money guaranteeing that the employee is authorized to work in the United States, also called an indemnity bond. Pay $1,100 for each bond the employee paid to the employer. Refund the employee the full amount of the bond. If the employee cannot be found, this refund will go to the U.S. Treasury.
Criminal Violations: Engaging in a pattern or practice of hiring, recruiting or referring for a fee unauthorized aliens. Up to $3,000 for each unauthorized alien, and up to six months in prison.

Finally, your company can be subject to debarment from government contracts, a court order requiring the payment of back pay to the individual discriminated against, or a court order requiring the employer to hire the individual discriminated against.

Contact an Experienced Columbus Immigration Lawyer

E-Verify Compliance

The experienced employment-based immigration lawyer at Porter Law Office, LLC assists businesses navigate the complex area of employment eligibility verification and E-Verify. The civil fines and potential for criminal penalties relating to I-9 violations can be significantly reduced by implementing proper procedures into the hiring process. The experienced Columbus immigration lawyer at Porter Law Office, LLC understands your I-9 obligations and how to resolve allegations of I-9 violations. Porter Law Office, LLC is conveniently located outside of Columbus in the suburb of Gahanna, Ohio. Contact Columbus employment immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

New Mobile Passport App Available

Mon, 11 Aug 2014 10:58:30 GMT

New Mobile Pas sport App Available

Update from Columbus immigration lawyer at Porter Law Office, LLC : CBP launches Mobile Passport Control (MPC), the first authorized passport app to expedite a traveler’s entry process into the United States.

It was announced today by the U.S. Customs and Border Protection (CBP) that the first authorized passport app, called Mobile Passport Control or MPC, will be tested in a pilot program at the Hartsfield-Jackson Atlanta International Airport. Starting August 13, 2014, the passport app will allow eligible travelers to submit their passport information and customs declaration form by smartphone or tablet prior to CBP inspection. If you have an iPhone or iPad, download the app in the Apple Store.

Contact the experienced Columbus immigration lawyer at Porter Law Office, LLC today for a free case evaluation.

Decrease in Wait Times in CBP processing?

The CBP has indicated that it is implementing the passport app to build on the success they had with Automated Passport Control —a program that expedites the entry process for U.S., Canadian, and eligible Visa Waiver Program international travelers—which has decreased wait times by almost 50%. Similar to the Automated Passport Control, the passport app doesn’t require preapproval, it’s free, and is not a device to collect new information about travelers. As a result, travelers will experience shorter wait times, less congestion and faster processing.

How to Use the MPC Passport App

The process is fairly simple. First you must download the MPC passport app from the Apple Store (not yet available on Android devices). Next, simply create a profile with your passport information. Then, complete the “New Trip” section upon arrival into the U.S. Submit your customs declaration form through the app and you will receive an electronic receipt, which expires after four hours, with an Encrypted Quick Response (QR) code. Finally, you just have to bring your passport and iPhone or iPad with to a CBP officer and show them your digital bar coded receipt.

Contact an Experienced Columbus Immigration Lawyer

Immigration Representation

The experienced immigration lawyer at Porter Law Office, LLC is dedicated to assisting you navigate the complex U.S. immigration laws, including CBP issues regarding entry and the new passport app. Porter Law Office, LLC has the experienced necessary to establish the best possible course of action for you or your family member to secure their U.S. visa, green card, or citizenship. Porter Law Office, LLC is conveniently located outside of Columbus, Ohio in the suburb of Gahanna. If you need help with an immigration issue, contact Columbus immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

H1B Visa Cap Gap Rules: A Primer

Mon, 26 May 2014 10:58:30 GMT

H1B Vis a Cap Gap Rules: A Primer

The H1B visa cap is routinely met very quickly. Perhaps you have heard of the H1B visa cap gap? Well, a majority of cap subject H1B visa petitions were filed on behalf of students in F1 status. What happens if your H1B visa is denied and you are no longer in F1 status? What if your H1B visa is pending while your F1 status expires? Human Resources departments face these questions every day. The complicated, and often counter-intuitive, immigration laws do not help.

This article addresses what the H1B cap gap is, and more importantly, what it is not. Contact the experienced business immigration lawyer at Columbus-based law firm Porter Law Office, LLC for a free consultation.

The OPT/ H1B Visa Cap Gap Problem

The following fact scenario is simple on its face, yet it illustrates some of the nuances in dealing with an H1B visa:

An international student on F-1 status is employed on post-completion optional practical training (OPT). The student is offered employment and is the beneficiary of a pending or approved H1B visa petition. In this situation, the student may be able to continue working beyond the expiration date on his or her employment authorization document (EAD). The student may do so by taking advantage of the cap gap provisions for automatic extension of OPT. But, a careful reading of the cap gap provisions indicates that it applies in a relatively narrow setting.

In the past, F-1 students who were the beneficiaries of an H1B visa petition often had their F-1 status expire before their H1B visa status began on October 1 – a period known as the “cap gap.” The most common situation occurred when a student’s OPT ended in the spring or early summer, and the student’s F-1 status expired 60 days after that, leaving a gap of several months before the individual’s H1B visa status began on October 1.

An F-1 student in a cap-gap situation would, in most cases, have to leave the United States and return at the time the student’s H1B visa status became effective (at the beginning of the next fiscal year). Depending on when the student’s status expired, such circumstances could require the student to remain outside the United States for several months.

USCIS “H1B Cap-Gap” Solution

Under the H1B cap gap rule issued in April 2008, an F-1 student who is the beneficiary of an H1B visa petition requesting a start date of October 1, and requesting change of status will automatically be granted an extension of OPT work authorization, until October 1 of the fiscal year for which H1B visa status is being requested.

This extension will allow F-1s whose OPT will expire before the start date of a petition filed under the H1B visa cap to remain in the United States and work through the beginning of their H1B visa employment on October 1. The rule requires the H1B visa petition to be “timely filed”; it does not require the H1B visa petition to be approved before the automatic extensions can take effect. An application is generally considered “filed” once it is accepted for processing by USCIS.

The cap-gap extension of OPT is automatic for eligible students. A student does not file an application for the extension or receive a new EAD to cover the additional time. The only proof of continued employment authorization currently available to an affected student is an updated Form I-20 showing an extension of OPT.

The H1B visa receipt notice (Form I-797) should be provided to the employer to update the I-20. The I-20 document serves as proof of continued employment authorization. If the H1B visa petition is rejected, denied or revoked, the automatic extension of status and work authorization will immediately terminate.

Contact Porter Law Office, LLC for a free consultation to discuss your H1B visa alternatives.

What the “Cap-Gap” is Not

Remember, to qualify for the H1B visa cap-gap extensions [8 C.F.R. § 214.2(f)(5)(vi)], the student must be the beneficiary of an H1B visa petition that requests all three of the following:

has been timely filed;
that requests an employment start date of October 1 of the following fiscal year; and
that requests a change of status (from F-1 to H1B)

Also, the student must not have violated the terms or conditions of his or her F-1 status. There are numerous other scenarios where beneficiaries working on post-completion OPT have had H1B visa petitions filed on their behalf. But if the three elements above are not met, then the “cap-gap” rules do not apply.

For students who obtained F-1 OPT, there is a 60-day grace period. The 60-day grace period begins at the end of the OPT. This time allows students to remain legally in the U.S. to travel or wrap up personal business and other matters. The 60-day grace period at the end of OPT does not entitle someone to continue to work. The work authorization ends with the OPT.

If an employer has filed the H1B visa on behalf of an F-1 student before their OPT expires, and they are not within the above-mentioned cap gap provisions, several issues may arise.

If the H1B visa is approved before the OPT expires, obviously the employee will be in good status (from F-1 to H1B).
If the H1B visa is approved during the grace period, again the employee should be ok as long as the employee did not violate any terms and conditions of their OPT status.
If the H1B visa is approved after the 60-day grace period expires, and the employee has remained in the U.S., and the gap cap provisions do not apply, look into filing premium processing upgrade around 30 days before your 60-day expiration. That way, if USCIS seeks additional evidence after the premium upgrade you have sufficient time to submit the response and obtain an approval.
Also, look at the start date of the H1B visa on the I-797. If the H1B visa start date is prior to the expiration of your 60 day grace period in OPT, the employee will likely be ok.
If the start date is after the 60-day grace period, consult an immigration lawyer. In this scenario, the employee will likely have to process the H1B visa at a consulate to remedy the cap in status created by this problem. This is why it would be important to request premium processing as soon as you see this becoming a problem.

Contact an Experienced Columbus Immigration Lawyer

H1B Visa Representation

The experienced employment immigration attorney at Porter Law Office, LLC is dedicated to assisting your business navigate the complex H1B visa process. By hiring Porter Law Office, LLC, you be partnering with an AV rated H1B lawyer who understands what it takes to secure an H1B visa in today’s challenging employment environment. Porter Law Office, LLC is conveniently located in the Columbus, Ohio suburb of Gahanna. If you need help with securing an H1B visa, or any other immigration benefit, contact Columbus employment immigration lawyer Matthew R. Porter today for free consultation to discuss your options.

H-1B Visa Extension Beyond Six Years

Mon, 26 May 2014 10:58:30 GMT

H-1B Visa Extension Beyond Six Years

Many companies have recently sponsored an employee on an H-1B visa. If you got in under the H-1B visa cap , good work. It is not too early to begin making long-term plans for the employee. As you do, you should be aware of some of the issues that affect the H-1B visa holder’s period of stay in the U.S. We all know that an employee can obtain an H-1B extension for up to six years then they have to return home to reset the clock. But, that’s almost never the case. In fact, most H-1B visas can be easily extended for several more years, and occasionally indefinitely.

This post provides the latest news on the maximum period of stay on an H-1B visa.

Maximum Time on H-1B is Six Years: Or Is It?

The general rule is that the maximum period of stay in H-1B visa status is six years. H1B visa holders are eligible for a total maximum stay of six years. The six-year limit includes time spent on the H1B visa with another employer. The initial H1B petition may cover a period up to three years. Extension petitions may be made for a period of three years or less, up to the six year total.

While the six years maximum is strictly enforced, most H1B visa holders find that they can spend a lot more time in the U.S. in H1B status than that. Here are the common ways:

H-1B Extension for Three Additional Years : If the employee has an approved Form I-140, but cannot file for adjustment of status (Form I-485 or your green card application) because of the per-country limits , the H1B visa can be extended in three year increments until the visa number becomes available to apply for the green card.
Extending in One Year Increments : If your company began the green card process at least 365 days prior to the day in which the six-year limit was reached, the H1B visa may be extended in one-year increments. Note that the Form I-140 does not have to be pending for 365 days, it is only required that the employer has processed the employee’s application for Permanent Employment Certification , ETA Form 9089 within 365 days of the expiration of the H1B visa.
Recapture Time by Leaving the U.S. : Time spent outside the U.S. during the validity of an H1B petition may be added back, or “recaptured” to the period of stay allowed as an H1B without demonstration that the time spent outside the U.S. was meaningfully interruptive. The applicant need only demonstrate that he or she was outside the U.S. for the period of time requested. This can be established by the stamps in the employee’s passport and/or I-94, Arrival/Departure Record.
Leave the U.S. For One Year : If the employee leaves the US for a year, when they return, the six year period in H1B status will be reset. This, of course, is an option of last resort for most H1B visa holders.

H-1B Visa Extension Representation

Columbus, Ohio H-1B Lawyer

If you are a Human Resources professional and are sponsoring specialty occupation employees on H1B visas, contact immigration lawyer Matthew R. Porter for a consultation today . Understanding the nuances to an H-1B extension is extremely important for the success of your longer term employment plans. Porter Law Office, LLC is an AV rated boutique immigration law firm that provides cost-effective business immigration solutions.

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We recently wrote about USCIS losing a court case forcing it to rescind certain restrictive policy memos, including the 2010 Neufeld memo and 2018 Contract and Itinerary memo. The government has counterpunched and announced two new H-1B rules that will significantly impact the H-1B program.

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Good News | USCIS Rescinds Restrictive H-1B Policy Memos

On June 17, 2020, USCIS issued a new Policy Memo that rescinded two irritating H-1B Policy Memos

The 2010 Neufeld Memo (governing the employer-employee relationship in H-1B petitions) and the 2018 Contract and Itinerary Memo.

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RFE and NOID Deadlines Extended by USCIS

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USCIS Announces H-1B Pre Registration Procedures for Upcoming Cap Season

USCIS Announces H-1B Pre Registration Procedures for Upcoming Cap Season

On January 9, 2020, USCIS formally announced the implementation of the H1b pre registration process for FY2021 cap-subject petitions.

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H1B News 2019: USCIS Imposes Nonrefundable $10 H1b Pre-Registration Fee

On November 7, 2019, USCIS announced a final rule that it will require a non-refundable $10 H1b pre-registration fee for each cap-subject petition.

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H1B News 2019: USCIS Resumes Premium Processing for All H-1B Petitions

H1B News 2019: USCIS Resumes Premium Process ﻿ ing for All H-1B Petitions

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USCIS Reverses Selection Order Under H1B Visa Lottery 2019

USCIS is officially reversing the order in which H-1B visa are selected under the H1b visa lottery 2019.

H1B 2019 | New Lottery Rules, Changes, and FAQs

H1B 2019 | New Lottery Rules, Changes, and FAQs

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This article explains the H1B 2019 changes and proposed rules affecting the program. Premium processing is suspended, there are new LCA requirements, and the lottery selection process may be changing.

No Premium Processing

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USCIS Clarifies L1 Visa Requirements for One-Year Foreign Employment

USCIS Clarifies L1 Visa Requirements for One-Year Foreign Employment

USCIS recently issued an L-1 policy memorandum (“PM”) clarifying the one-year foreign employment L1 visa requirements. This PM clarifies an apparent conflict within the statute and regulations regarding whether the one-year period was met prior to seeking admission or prior to filing the I-129.

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