Getting Around the Suspension of H-1b and L-1 Visas: National Interest Exceptions
Many foreign nationals know that on June 22nd, Presidential Proclamation 10052 was issued. The Proclamation suspends entry into the United States of applicants for certain visas, including (among others) H-1B, H-2B, L-1, and L-2 visas. It does not apply to applicants who were in the US on its effective date (June 24th) and who already had a valid visa in one of the classifications mentioned above. It is nonetheless a sweeping ban applicable to hundreds of thousands of nonimmigrants, which has resulted in multiple lawsuits being filed against the federal government to enjoin it.
Many foreign nationals know that on June 22nd, Presidential Proclamation 10052 was issued. The Proclamation suspends entry into the United States of applicants for certain visas, including (among others) H-1B, H-2B, L-1, and L-2 visas. It does not apply to applicants who were in the US on its effective date (June 24th) and who already had a valid visa in one of the classifications mentioned above. It is nonetheless a sweeping ban applicable to hundreds of thousands of nonimmigrants, which has resulted in multiple lawsuits being filed against the federal government to enjoin it.
In response to these lawsuits, on August 12th the government issued new guidance that includes expanded "national interest" exceptions to the Proclamation. This new guidance will presumably help many professionals and companies because it includes exceptions such as the following:
1. The applicant is seeking to resume ongoing employment in the US in the same position with the same employer and visa classification
2. The applicant is a technical specialist, senior level manager, or other workers whose travel is necessary to facilitate the immediate and continued economic recovery of the US
3. The wage rate paid to the H-1B applicant meaningfully exceeds the prevailing wage rate by at least 15%
4. The H-1B applicant’s education, training and/or experience demonstrate unusual expertise in the specialty occupation in which the applicant will be employed
5. The applicant’s proposed job duties or position within the petitioning company indicate the individual will provide significant and unique contributions to an employer meeting a critical infrastructure need
6. Denial of the visa pursuant to the Proclamation would cause financial hardship to the US employer
However, in practice it will be difficult for a foreign national to benefit from a national interest exception. In order to do so, they must be able to get over the hurdles of (1) successfully scheduling an emergency appointment at the applicable US consulate abroad during a pandemic that has resulted in extremely limited visa services, and (2) successfully arguing that they qualify for an exception in the face of consular officers who have unchecked discretion to approve or deny these applications. Furthermore, the new guidance in conjunction with the Proclamation itself constitute an attempt by the executive branch to circumvent the legislative procedure and create new statutory requirements for H-1b and L-1 visas. These issues will result in lawsuits continuing to move forward against the federal government, which may result in an injunction on the Proclamation itself. Stay tuned . . .
. . . and in the meantime, contact us for help at theteam@huwelaw.com or 415-496-9040.
Judge Bars Enforcement of Immigration Public Charge Rule During Pandemic
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency.
UPDATE #2: Per a September 2020 court order, the public charge rule may now be enforced nationwide, during the pandemic, until further notice.
UPDATE: The Second Circuit Court of Appeals issued a ruling on August 12th limiting the District Court’s Order discussed below to Vermont, Connecticut, and New York only. Therefore enforcement of the public charge rule is currently barred in those states only. USCIS may enforce the rule in all other states. Stay tuned for further updates.
We have rare positive news for those seeking permanent residency in the US:
On Wednesday, July 29th, a federal judge in the US District Court for the Southern District of New York issued a nationwide injunction barring USCIS from enforcing the "public charge" rule for as long as the COVID-19 pandemic remains a public health emergency. Both United States Citizenship and Immigration Services (USCIS) and the United States Department of State (DOS) have since announced that they will comply with the injunction.
This means that as long as the injunction remains in effect and there is a declared national health emergency, neither DOS consular nor USCIS officers will enforce any part of the public charge rule.
Please check back in for updates, as this is a fluid situation.
We are fully operational virtually and here to help! Contact us at theteam@huwelaw.com or 415-496-9040 for assistance in applying for a green card.
Can You Apply for a Green Card Next Month? Check the May Visa Bulletin!
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
Have you been “waiting in line” for a green card to become available in your preference category?
You can check the U.S. Department of State Visa Bulletin for May 2020 to see if your priority date will be current next month.
Good news: The F2A category for the spouses and children of permanent residents will remain current. That means that the spouse or child of a U.S. permanent resident will remain eligible to file their application to adjust status in May.
To view the full Bulletin, please visit:
Need help interpreting the Bulletin and preparing and filing your green card application? Our firm is fully operational and here for you during this challenging time.
Contact us at theteam@huwelaw.com or 415-496-9040 today.
Trump's Executive Order Temporarily Suspending Immigration is Narrowly Tailored
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
Much has been made of an executive order issued on Wednesday that limits immigration to the US - President Trump and some news media have made the Order into a bigger deal than it is, saying that it suspends all legal US immigration.
In reality, the Order is narrowly tailored. It suspends the issuance of immigrant visas at consulates abroad, for 60 days. Period.
The Order applies only to intending immigrants (versus nonimmigrants) who are currently abroad. It includes exceptions for the spouses and children under 21 of US citizens, immigrants coming to work in health care professions and other jobs that help address COVID-19, EB-5 foreign investors, military members and their spouses and children, anyone whose entry is deemed to be in the national interest, and several other categories. It does not affect those requesting issuance of a nonimmigrant visa, such as an H-1b or B1/B2 visa.
The Order does not affect anyone currently here in the US seeking adjustment of status (a "green card") or a change or extension of status (for example from an F-1 to an H-1b visa).
USCIS and the Department of State will continue to process applications as usual, with the caveat that no new immigrant visas will be issued for the next 60 days. If you are seeking assistance with a green card or employment-based visa, please contact us today. We are here for you!
What to Do if You Are a Nonimmigrant Stuck in the US Due to COVID-19
The COVID-19 pandemic is causing hardship for most people, but can create unique challenges for foreign nationals in the US.
The COVID-19 pandemic is causing hardship for most people, but can create unique challenges for foreign nationals in the US. You may have entered the US on a nonimmigrant visa, and your authorized time has already expired or will be expiring soon. You can not make it home due to travel restrictions or health concerns. What are your options?
You may be able to:
1. Apply to extend your current status
2. Apply to change to a new status
3. If you entered under the Visa Waiver Program (ESTA), apply for a 30 day extension
Generally these applications must be filed before your current authorized period of stay is over. It is always best to file in a timely manner. However, the US government has put out a statement acknowledging that COVID-19 is an extraordinary circumstance, and that they can take that into account when there is a delay in filing an application:
https://www.uscis.gov/archive/covid-19-delays-in-extensionchange-of-status-filingsYou likely have options. Please contact us at theteam@huwelaw.com or 415-413-8760 to learn more - we are here for you!
US Immigration in the Time of COVID-19
This is a challenging time for all of us, living in a COVID-19 world. For immigrants with an application in process, or ready to begin an application, it can be especially unsettling. We are here to help.
This is a challenging time for all of us, living in a COVID-19 world. For immigrants with an application in process, or ready to begin an application, it can be especially unsettling. We are here to help.
We are keeping current on legal and policy changes so you don't have to. Below is an update on where we are today:
Our government is still processing immigration applications and accepting new filings.
However all USCIS offices within the U.S. remain closed to the public until at least early May, so upcoming biometrics and interview appointments are being automatically rescheduled for a later date. U.S. embassies and consulates around the world are closed or offering reduced services to the public, so visa interviews abroad are being rescheduled.
Travel restrictions are being enforced regarding travel to and from many countries. If you have a relative who is currently stuck in the U.S. on a nonimmigrant visa, they may be able to apply to extend or change their status.
Premium processing remains suspended for all employment-based immigration applications, such as H-1b, L-1, and O-1 visas.
In other (good) news, USCIS is extending the deadline for responding to a request for evidence in certain cases. They are also now accepting scanned signatures for all applications.
If you need assistance with a green card sponsored by a family member, naturalization, or an employment-based visa or green card, contact us today to get started: theteam@huwelaw.com or 415-496-9040.
How Hurtubise Weber Law Immigration Can Support You During the COVID-19 Pandemic
We know that this is a stressful time for families and many businesses around the world. Our Team is at home with our families, staying safe and doing our part to flatten the curve. However we remain fully operational and virtually engaged with our clients, helping them to meet current and future challenges.
We know that this is a stressful time for families and many businesses around the world. Our Team is at home with our families, staying safe and doing our part to flatten the curve. However we remain fully operational and virtually engaged with our clients, helping them to meet current and future challenges.
Government services are currently in flux, but immigration cases are still being processed. Here are some things we can help you do now:
Apply for a green card for a spouse. If you are a US citizen or permanent resident with a spouse or fiance currently lawfully in the US, you may be eligible to sponsor them for a green card without them having to leave the country. You can also begin the process of sponsoring a spouse who is currently residing abroad.
Apply for a green card for a parent. If you are a US citizen with a parent currently lawfully in the US, you may be eligible to sponsor them for a green card without them having to leave the country. You can also begin the process of sponsoring a parent who is currently residing abroad.
Apply to extend or change your current immigration status. Many foreign nationals have entered the US in a nonimmigrant status, such as B1/B2 visitor, and can not return home before the date they are required to leave. If you are stuck in the US in a nonimmigrant status that will expire soon, you may be able to apply to extend your current status or change to a different one.
Apply for an employment visa or visa extension for a current or prospective employee. We can assist with O-1, L-1, E-2, and E-3 visas.
Apply for an employment-based green card for a current or prospective employee.
Please contact us at theteam@huwelaw.com or 415-496-9040 to learn more. We are here for you.
