Fok Immigration Law

Government releases projected 2024 employment visa numbers

2023-10-03T10:06:27Z

The U.S. Department of State puts out a visa bulletin, which often contains stats and figures about immigration in the country. One of the latest updates includes the number of estimated employment-based visas.

It’s important to note that these visas are for the 2024 fiscal year, so this is a projection of what is expected until September 30, 2024, which is the end of the fiscal year – despite being a few months before the end of the calendar year.

In any case, in 2024, the bulletin indicates that there should be around 165,000 employment-based visas.

How does this compare to other years?

Interestingly, it does appear that the number of employment-based visas being given out is trending downward. For the fiscal year of 2022, for example, there were 281,507 employment-based visas. This was double the total that was usually seen in a single year.

That said, the reason for the high number of employment visas was that family visas from the fiscal year 2021, which often were not used, were then added to the employment visas for the following year. In that sense, 2022 was something of an outlier, as that is not projected to happen in most years.

In some cases, there are country-based limits for employment basis. This has led to questions about how family-sponsored visas could be switched over to employment visas without altering these limits. The extra visas were added to the overall limit, but country limits were still held in place, even with these additions.

Moving forward with the process

It’s clear that employment immigration is still going to be common in the United States, as one of the main ways that people come to the country. Those who are going through this process must know exactly what legal steps to take.

Why is there an interview to get a marriage green card?

2023-09-19T09:26:34Z

Immigrants can get green cards in many ways. For example, some immigrants apply to the green card lottery for the chance of being one of thousands of people eligible for permanent residence. Others may find employers or educators willing to sponsor their immigration. A common way people immigrate to the U.S. and get permanent residence is through marriage. A spouse of a U.S. resident could get a green card through an application process. Part of this process is undergoing an interview to show that the marriage isn’t a fraudulent agreement for the sole purpose of obtaining immigration benefits. The interview may include questions for the immigrant and spouse. Here are some questions that may be asked:

Who is your spouse?

Questions like this may have obvious answers. However, if a marriage was fraudulent, then the interviewee may not know any personal details about the person they married. The interviewee may not know where their spouse was born, what they do for a living, what their hobbies include or even their spouse's full name. These kinds of things may be common knowledge for immigrants who are in true marriages.

How did you meet your spouse?

It may be important for the interviewer to ask both the spouse and the immigrant this question. An answer to this question will likely be similar for both the spouse and the immigrant if the marriage isn’t for fraudulent means. If the marriage is fraudulent, then the story of how the couple met may not align. For example, one person could say they met through a friend and the other could say they met at a bar.

What is your married life like?

There may be personal questions that go into the immigrant's life. These questions may ask the immigrant if they have any kids, what types of work they’ve done and about their hobbies and friendships. These kinds of questions can help build an idea for the interviewer about the life the immigrant will lead in the U.S. These questions may be less important than other ones, but they can still greatly impact the final decision. The immigration process is by no means easy. Many immigrants don’t get the opportunity to build a life in the U.S. because they lack legal knowledge. Reaching out for legal help may give immigrants better chances to live in the U.S.

Alert to employers: the I-9 form inspection deadline has past

2023-09-27T14:47:19Z

In recent years, California employers have had the benefit of more relaxed rules around the physical verification of I-9 forms. Recognizing and utilizing overseas talent has been a more streamlined process as a result, reducing workloads across California. That being said, recently, those rules have become stringent again, and those who were not aware of this should pay attention. August 30^th was the deadline for physically verifying I-9 forms. These I-9 forms serve as a verification of identity and employment authorization for all workers. For the past three years, this process was put to the wayside. Now that time is over, and frankly, it’s past. Here’s what employers should know.

Why was the need for physical inspection ended?

This accommodation, made by the United States Customs and Immigration Services (USCIS), was deemed a health risk to inspectors and employers. It was also considered not necessary.

Why did this period end?

From a practical standpoint, the end of the pandemic saw the respective end of many accommodations. The flexible arrangements that benefited both employer and employee have gone with it. Now that authorities place the public health emergency in the past, so do the various changes and flexible arrangements that go with it.

What does this mean for employers?

There was a period of time from the onset of the pandemic to March 31^st, 2021 when employees were hired in that time for employees from other countries working in the US to avoid the physical inspection. Now, those employees should have submitted their I-9 forms to you, and you will need to place a physical inspection as a top priority. This physical inspection is an essential part of staying in compliance with immigration law and avoiding fines. I missed the deadline, what now? Becoming aware of a missed deadline can be anxiety-inducing. As with any immigration law compliance issue, your attorney can offer you significant insight into the process and options ahead of you.

Permanent vs. temporary employment-based visas

2023-08-30T10:21:13Z

Whether you’re a skilled professional seeking opportunities in a foreign country or an employer looking to hire talent from overseas, understanding the distinctions between permanent and temporary employment-based visas is essential.

Opportunities for international professionals to work in the United States have become a common pursuit. However, this journey is not without its complexities. One must carefully consider the type of employment-based visa that suits their goals and circumstances.

Temporary employment-based visas

The H-1B visa is a staple for skilled workers seeking temporary employment in specialized fields such as technology, engineering, medicine and finance. This visa offers a temporary stay in the U.S. and is often used by companies to fill positions that require specific skills not readily available domestically.

Designed for intracompany transferees, the L visa permits multinational companies to relocate their employees to the U.S. temporarily. Divided into L-1A for managers and executives and L-1B for employees with specialized knowledge, this visa facilitates knowledge transfer and operational continuity across borders.

Lastly, the O visa caters to individuals with extraordinary abilities or achievements in fields like arts, sciences, education, business, athletics or the motion picture industry. Temporary in nature, this visa allows individuals to work on specific projects or events, making it an attractive option for those seeking to make a significant impact during their stay.

Permanent employment-based visas

The EB-2 visa is reserved for professionals with advanced degrees or exceptional abilities. It requires a job offer and labor certification, demonstrating the intent to contribute significantly to the U.S. economy, arts, sciences, education or business.

Diversity is at the heart of the EB-3 visa, accommodating skilled workers, professionals and even certain unskilled workers. This visa category necessitates labor certification and a job offer from a U.S. employer, helping ensure the worker’s presence addresses a genuine need in the domestic job market.

For those seeking permanent residency through investment, the EB-5 visa offers an avenue. By investing a substantial amount in a new commercial enterprise that creates jobs for U.S. workers, applicants can obtain lawful permanent resident status for themselves and their immediate family members.

Whether you’re looking for a temporary or permanent employment-based visa, enlisting legal counsel can expedite the process.

Can I sponsor a sibling for the U.S. green card?

2026-02-27T08:34:10Z

Do you have a foreign national who also happens to be a family member and you want to bring to the U.S.? Well, the good news is that you can bring to the U.S. through a family-based green card system. The bad news, however, is that the process can be quite complicated. Your residency status as well as how you relate to the foreign national you intend to sponsor for the green card will greatly impact the outcome of your petition.

So, who can sponsor a sibling for the green card?

You must be a citizen of the U.S. to sponsor a sibling for the green card. And as far as the age requirement is concerned, you must be at least 21 years old.

What counts as a sibling?

Even when you are a U.S. citizen, you cannot sponsor just about anyone for a green card. While the definition of “family” may vary, the United States Citizenship and Immigration Services (USCIS) uses the following legal parameters to define who qualifies as a sibling for migration purposes:

A sibling with whom you share biological parents
A sibling with whom you share one parent
A step-sibling from either parent’s marriage
An adopted sibling who was formally adopted by your family before turning 16

Besides meeting the legal definition of a sibling, they must also meet the U.S. admissibility requirements. A previous immigration violation or certain criminal convictions (like prior convictions for terror-related offenses) may be a stumbling block.

Getting it right

Yes, you can sponsor a sibling for the green card. Understanding how the U.S. immigration laws work can help you avoid pitfalls that might derail your dream of reuniting with a loved one in the United States.

Could DNA testing be required to bring your child to the U.S.?

2023-08-01T09:52:14Z

As a U.S. citizen or legal permanent resident, you want to bring your child to the U.S. There’s just one problem. There’s no official documentation that you’re their parent. This can happen (predominantly to men) for any number of reasons. Maybe you weren’t married to the mother and she didn’t name you on the birth certificate as the father. Maybe you then didn’t maintain a relationship with your child as they were growing up because you were in different parts of the world. Sometimes people who want to bring a parent or sibling to the U.S. encounter also face the issue of not having legal documentation of a familial relationship. Families can be complicated. Fortunately, the U.S. Government recognizes that. If the only way to prove your relationship is through DNA testing, that can be an option.

Determine first whether other evidence will suffice

First, of course, you should determine whether any other evidence you can provide will be sufficient. Sometimes, letters and other documents along with photos may be enough. If it’s not, you can ask the U.S. Citizenship and Immigration Services (USCIS) to allow you both to undergo DNA testing. This is a simple procedure, involving a cheek swab. However, it needs to be done at your expense and at approved locations. Like most every other part of the immigration process, it will take some time to process and compare the samples.

What kind of results are needed?

Generally, a 99.5 percent or more certainty of a match is required to prove a paternal or maternal match. As noted, DNA testing can also be used to prove a sibling relationship. This is just a very brief overview of the use of DNA when necessary to help bring close family members to the U.S. as permanent legal residents. Your best first step if you’re considering this – regardless of whether you need DNA to prove your relationship or not – is to make sure you have sound legal guidance to avoid any unnecessary snags and delays.

Will changing jobs impact my H-1B status?

2023-07-26T20:44:36Z

The U.S. is a dream destination for many foreign nationals. If you’ve landed a job in the U.S. through an employer-sponsored H-1B visa, you might find yourself wondering if you have to stick with your original job no matter the circumstances. Given the kinds of opportunities available in the U.S., you might want to expand your horizons. Put in another way, can you change jobs if you are on H-1B visa? The simple answer is, YES – you can change employment if you are on H-1B visa. However, you cannot transfer your H-1B visa. When a new opportunity comes alone, and you decide to change jobs, you’ll need to take specific steps to preserve your immigration status.

How does the H-1B visa program work in a job transfer situation?

If you decide to change jobs, you will need to petition for a new H-1B visa. This might sound tedious. However, you’ll have a couple of things working for you since you have already received H-1B visa status. Here are a few conditions you’ll need to satisfy when applying for your H-1B transfer:

You must provide an offer letter that details your new contract, role and employment
You must file a Labor Condition Application (LCA) form
You must provide applicable visa application supporting documents and pay applicable fees.

Together with your H-1B transfer petition, you will need to update your personal information like paycheck stubs, Social Security details, a recent valid visa, passport and I-94 records as well as your resume and educational records.

When might you be accused of marrying for a green card?

2023-07-07T06:11:11Z

If you meet and marry a foreign national, U.S. laws allow you to bring them into the country through a marriage-based green card.

Unfortunately, some people abuse the system and innocent people who married for the right reasons could be investigated by the authorities in their quest to stamp the problem out.

So, what does marriage fraud look like?

Simply put, marriage is considered fraudulent when it is entered into for the sole purpose of helping a foreign national obtain the right to live in the United States. Common examples of marriage fraud include:

Where a U.S. citizen or permanent resident solicits money to marry and sponsor a foreign national for a green card.
When a U.S. national enters into a false marriage with a foreign national as a favor
When a foreign national tricks a U.S. national or permanent resident into marriage with the intention of divorcing after relocating to the U.S.

Marrying for a green card is a serious offense with consequences for both parties. For the U.S. national or permanent resident, the charges may include conspiracy to commit a crime, hosting an alien illegally or committing visa fraud. A conviction can result in fines and prison time.

For the foreign national, the charges may include providing false statements and conspiracy to commit a crime. A conviction can lead to fines, imprisonment and removal from the country.

Because there are people who do these things, the authorities might wrongly accuse you of marrying for a green card. If this happens, you need to understand your legal options. Some of the evidence you may present to provide proof of a genuine marriage include copies of the marriage documents, proof of courtship and wedding as well as the existence of estate planning documents like a will.

Practice Alert: Edition Date for Form I-131 Application for Travel Document Changes on 08/08/2023

2023-07-05T06:43:07Z

AILA Doc. No. 23061635 | Dated June 16, 2023 USCIS has announced that as of August 8, 2023, the only edition date of Form I-131 that will be accepted by USCIS will be edition 06/06/2023. AILA recommends that all members who regularly file Form I-131 verify with their software providers that the 06/06/2023, edition is properly installed in time for this edition update. Additionally, AILA recommends that as a best practice, members review each page of the form for the correct edition date.

USCIS offers guidance on compelling circumstances

2023-06-30T19:14:19Z

The United States Citizenship and Immigration Services (USCIS) announced new guidance on eligibility criteria for initial and renewal applications for employment authorization documents (EADs). The new guidelines clarify what the USCIS considers compelling circumstances as defined in existing regulatory requirements that are part of immigrant petitions (8 CFR 204.5(p)). These changes generally apply to those with an approved Form I-140, Immigrant Petition for Alien Workers, in either the 1st, 2nd, or 3rd employment-based preference category. Principle applicants generally have valid E-3, H-1B, H-1B1, O-1, or L-1 nonimmigrant status or authorized grace period when filing a Form I-765, Application for Employment Authorization. These changes are designed to acknowledge and assist individuals and families with visas or applying for visas caught up in difficult situations.

Compelling circumstances

The EAD requirements are based on regulations, details and facts, but compelling circumstances can be broader and harder to categorize in a list of requirements. The guidance applies to principal applicants and dependents. The list of scenarios is not exhaustive but includes situations that could indicate compelling circumstances:

Serious illness or disability
Employer dispute or retaliation
Substantial harm to the applicant
Significant disruption to the employer

Gathering and using the compelling circumstances

The new guidance also instructs applicants on effectively demonstrating the compelling circumstances. For example, the applicant in an over-subscribed visa or chargeability area (country of origin) could provide such evidence to secure a waiver from a no further stay condition:

School enrollment records show that they or a dependent are in the middle of a key program or class.
A natural disaster in the U.S. or their country of origin makes it difficult or unsafe to return.
War, unrest or conflict in the country of origin makes the country of origin dangerous or hard to earn a living in.
Mortgage records show that the family would be forced to sell the home if forced to leave.
Leaving would cause the employer severe economic difficulty.

Not sure if you have compelling circumstances?

USCIS regulations often involve changing deadlines and policy updates, so it is often wise to work with immigration firms that understand the policies, changes, and how to meet challenges that arise during the application or renewal process. Feel free to contact us for a free case evaluation.