How Long Does It Takes to Get Immigration Case Processed
Want to know approximately how long it will take for your immigration case to be processed? USCIS just released updated processing times! These times are based on the type of case and where the application is being reviewed. For example, right now at the
California Service Center,
fiance visa applications and most Petitions for Alien Relative are taking about five months to be processed.
Visit the USCIS website to check on the average processing time for your case based on the type of case and the Service Center where it is being processed:
https://egov.uscis.gov/cris/processTimesDisplay.do
Contact us at TheTeam@HuWeLaw.com if you would like to schedule an initial legal evaluation to determine which immigration path is right for you or your business.
August 2015 Visa Bulletin Released
The State Department has released the Visa bulletin for August 2015.
There was forward movement in most employment-based and family-based visa categories.
the EB-3 and "Other Workers" categories for China have retrogressed due to high demand. However, t
he EB-3 and the "Other Workers" categories for the Philippines are no longer unavailable.
To see the full bulletin, please visit:
Are You Looking to Start a Business or Investing in the US?
Are you a foreign national looking to start a business, invest, or become employed in the United States? Join our own immigration attorney Isabelle Hurtubise on June 24th at 6:30 pm at Innowest, 764 San Aleso Avenue, in Sunnyvale, California, the heart of Silicon Valley for a discussion about your current options. Snacks will be provided!
For more information, please visit:
http://www.meetup.com/Silicon-
For information on how Hurtubise Weber Law LLP can personally assist you, please contact us at TheTeam@huwelaw.com.
July 2015 Visa Bulletin Released
The Department of State has released the Visa Bulletin for July 2015.
There was forward movement in most employment-based and family-based visa categories. The EB-3 and the "Other Workers" categories for the Philippines are unavailable for July.
To see the full bulletin, visit:
Nicole Elected Chair of AILA Santa Clara Valley Chapter
We are pleased to announce that on May 6th, our own attorney Nicole Abramowitz Weber was elected to serve on the Executive Committee for the American Immigration Lawyers Association (AILA) Santa Clara Valley Chapter.
AILA is the national professional association for immigration lawyers in the United States. Founded in 1946, AILA is now composed of more than 13,000 attorneys and law professors who practice and teach immigration law. AILA national is divided into 35 individual chapters around the country, one of which encompasses the Santa Clara Valley, or "Silicon Valley" area in California.
Nicole will serve as Chair Elect for AILA's Santa Clara Valley Chapter this year and as Chapter Chair next year. In these roles Nicole will work closely with AILA national, chapter members, and community groups to ensure competency and professionalism in the practice of immigration law, as well as to inform community members about their rights and options as immigrants.
For information on how our attorneys can assist you with your unique immigration needs, please contact us at TheTeam@huwelaw.com.
June 2015 Visa Bulletin Posted
The Department of State has released the Visa Bulletin for June 2015. There was forward movement in most employment-based and family-based categories. This Bulletin also includes a statistical breakdown, by country, of the applicants for the diversity visa lottery program for fiscal year 2016. There were over 11 million qualified entries received from around the world during the application period.
To see the full bulletin, visit:
Unlocking Employment Opportunities: H-1B Spouses Eligible for Work
On May 26, 2015, USCIS will begin accepting applications for work authorization from certain H-1B spouses.
For a long time, H-1B spouses could not work until they got a green card. Given the wait in certain categories and for citizens of certain countries, this meant these spouses, often well-educated professionals, sat idle. This is a waste of an important American resource - educated individuals who would contribute to the economy as they wait to become permanent residents and eventually citizens of the United States. See our previous post for more information:
https://www.huwelaw.com/blog/2015/03/tapping-american-resource-some-h-4-visa.html
H-1B spouses hold an H-4 visa and are eligible to work under two scenarios: (1) The H-1B holder has an approved I-140; or (2) The H-1B holder has received an extension beyond the six-year limit pursuant to specific provisions of AC21. H-1B extensions beyond year six are granted when the H-1B spouse is in process of a PERM labor certification or an I-140 immigrant petition that was filed at least 365 days prior to the end of the sixth year of H-1B status.
Eligibility and application are complex, especially given that these are new regulations. If you think you or your spouse may qualify for work authorization, contact us at TheTeam@huwelaw.com to begin the process.
Nicole's Inspiring Speech at Yerba Buena High
Yesterday, Hurtubise Weber Law attorney Nicole Abramowitz Weber had the pleasure of speaking to students at Yerba Buena High School in San Jose, California. Nicole was asked to speak at the school's Career Day for the third year in a row.
Nicole talked with three large groups of high school juniors about how to become a lawyer, her personal career journey, and the vast array of options available in the legal profession. The students asked some great questions, including:
"How stressful is it to be a lawyer, based on the amount of hours you have to work and the work itself?"
"What should I do now as a high school student to prepare to become a lawyer - are there certain classes that I should take or internships that I should try to get?"
"How did you start your own law practice?"
Nicole really enjoys speaking at this event and plans to return again next year.
Go Warriors!
Visa Bulletin May 2015
The Department of State has released the Visa Bulletin for May 2015. There was slight forward movement in most family-based categories. There were a couple of interesting changes in the employment-based categories. Notably, the EB-2 category for India progressed by more than seven months, and the EB-5 category for China retrogressed by nearly two years.
To see the full bulletin, visit:
Hurtubise Weber Law Presents DACA and DAPA for PACT and Fiesta Educativa
Hurtubise Weber Law recently had the privilege of reaching out to our local immigrant community on two different occasions.
On Tuesday, March 10th, we spoke with a group of about 60 members of the San Jose community at an event held by PACT (People Acting in Community Together) of San Jose. PACT is a grassroots organization whose mission is to empower everyday people to create a more just community. To learn more, visit
.
On Friday, March 27th, the firm spoke with an intimate group of parents of children with special needs at a meeting held by Fiesta Educativa of San Jose. Fiesta Educativa is an organization whose mission is to inform and assist Latino families in obtaining services for their children with special needs. To learn more, visit
.
We volunteered at both events to raise awareness of the President's new DAPA (deferred action for parents of U.S. citizens and lawful permanent residents) program and the expansion of the current DACA (Deferred Action for Childhood Arrivals) program. We were able to answer a variety of good questions posed by community members regarding eligibility for these programs.
If you have questions about these programs, please contact us at TheTeam@huwelaw.com.
USCIS Offers Guidance on Talented Employee Transfers
L-1B visas are used by foreign companies looking to transfer their most talented employees to their United States branches. Despite the economic value of these employees, USCIS has been capriciously denying these applications for years. L-1B visa applications had a
35% denial rate
last year, a more than five-fold increase from year 2006.
As part of President Obama's recent executive memoranda, USCIS has finally issued guidance on these visa applications to provide more consistency in adjudication.
You can find the memorandum here:
Employment-based visa applications are extremely complex. If you are looking to transfer employees or hire a foreign national, contact us at TheTeam@huwelaw.com.
April 2015 Visa Bulletin is Out
The Department of State has released the Visa Bulletin for April 2015. There was slight forward movement in most visa categories. However, there was a retrogression of nearly 10 months in the employment-based third preference category for China. The Bulletin also warns in Section D that a cut-off date for China-mainland born can be established no later than June.
To learn about your immigration options, please contact us at TheTeam@huwelaw.com.
Are you an immigration LEO?
Tapping into American Resources: Opportunities For H-4 Visa Holders
Some spouses of H-1B visa holders waiting in line for green cards can now apply for work authorization. This important and long-awaited reform will tap into what is truly an American resource - an educated and experienced potential workforce who is eligible for and waiting for a green card.
The American immigration system has long been inconsistent regarding which visa holder spouses can apply for work authorization in the U.S. As a rule, H-1B visa holder spouses can not work. The spouses of L-1 visa holders, also a dual intent visa, can work. The spouses of O visa holders (extraordinary persons) can not work. The spouses of E visas (treaty investors) can work. There is no apparent rhyme or reason behind these distinctions.
The Department of Homeland Security has now announced that some H-1B dependents - H-4 visa holders - will be allowed to apply for work authorization as of May 26, 2015.
The H-1B visa holder must have an approved I-140 on file. What does this mean? This means that they must have been vetted by the Department of Labor and USCIS as being uniquely qualified for their job. The employer must have participated in a recruitment process to prove that there is no eligible and available American citizen or lawful permanent resident to take that employee's position. This carefully vetted individual must then get in line to wait to apply for a green card - a line that can be up to 15 years long.
Most H-4 dependents have already been in the U.S. for at least six years by the time the I-140 is granted. Having to wait until they and their spouse can apply for a green card puts an incredible burden on families, sometimes causing these uniquely qualified and highly skilled individuals to abandon their green card efforts and move back to their country of origin.
It is also a waste of an American resource. H-4 visa holders are often highly skilled and educated persons in their own right. They may work in fields that do not fall into strict H-1B visa categories, or perhaps may not have been lucky in the tough H-1B lottery, and so have not been able to obtain an H-1B visa themselves. They have been part of our communities for years, and will be green card holders and potentially future U.S. citizens. Putting to work this underutilized local resource will benefit the U.S. economy and society.
To find out more on this new program, go to:
Eligibility for this program is complicated. To find out if you are eligible, please contact us at TheTeam@huwelaw.com
This January, 57,000 Driver's Licenses Were Issued to Undocumented Immigrants in California
Thanks to the enactment of California AB60 on January 1st of this year, undocumented immigrants residing in California are now eligible for California driver's licenses. AB60 requires the California Department of Motor Vehicles (DMV) to issue a driver's license to an applicant who is unable to prove that they are lawfully present in the United States. This includes children who were brought into the country without inspection at the border, immigrants who entered the country using a visa but who are now out of status, and immigrants who are waiting for their "green card" applications to be processed.
During the first month after AB60 went into effect, 366,000 people visited the California DMV to apply for a new license and to take the required driver's exams. In that first month alone, 57,000 new licenses were issued. The DMV estimates that 1.4 million people will apply for a license during the first three years of the program.
To learn about the specific requirements for obtaining a license without proof of lawful presence in the U.S., visit:
http://dmv.ca.gov/portal/dmv/detail/ab60/index?lang=e
Contact us at TheTeam@huwelaw.com to learn about your immigration options.
March 2015 Visa Bulletin Released
The Visa Bulletin for March 2015 has just been released. The employment-based second preference cut-off date for India moved from September 1, 2005, to January 1, 2007. There was also slight forward movement in most other visa categories.
See the full bulletin at:
If you have questions about your priority date or are ready to file your green card application, contact us at TheTeam@huwelaw.com.
Immigrants Grow the U.S. Economy
A long held misbelief is that immigrants are somehow a drain on the U.S. economy - they take our jobs and burden our social services programs.
That is simply not true.
Independent research shows that immigrants, especially immigrant entrepreneurs, benefit our economy - and create jobs. The President recognized this in his immigration reform speech on November 20th, 2014 and his subsequent memorandum. Several states and cities recognize this and are developing programs to support immigrant entrepreneurs.
See
.
The Kauffman Foundation recently issued a report stating that immigrants are twice as likely to start a business, and that these businesses create American jobs.
See
Kauffman January 2015 Policy Brief
. In 2012, in the engineering and high-tech sectors alone, immigrant-founded firms employed some 560,000 workers and generated $63 billion in sales.
Immigrant entrepreneurs also benefit the main streets of American. It is estimated that 28% of small businesses are owned by immigrants.
See
. These businesses make a direct contribution to the economy - they hire workers, purchase goods, pay taxes and increase competition and innovation. They also play a critical role in making neighborhoods attractive places to live and work.
Despite these obvious benefits, the Unites States does not make it easy for these immigrant entrepreneurs to start businesses here. There is no start-up visa like there is in Australia, Canada, the United Kingdom, and other countries. Rather, an entrepreneur must develop a creative strategy and hope to get a visa that sort-of fits their business.
Or, they simply take their idea, future jobs and revenue to a country whose immigration policy welcomes them.
If you are looking to create or expand your business in the United States, contact us at TheTeam@HuWeLaw.com to learn how.
Exploring U.S. Immigration Policy: Key Trends and Insights
The Congressional Research Service recently published a report titled "U.S. Immigration Policy: Chartbook of Key Trends," which explains historical trends in immigration to the United States, the nation's current immigrant profile, and what our federal government is doing to enforce our immigration laws. Data comes from administrative sources, including the Department of Homeland
Security and the Department of State, as well as the
U.S. Census Bureau.
Here are some of the highlights:
•
There were 41.3 million
foreign-born residents in the United States, 13.1% of the total U.S. population,
in year 2013, the
highest level in
U.S. history
• Annual levels of i
mmigration today are comparable to
those of the early years of the 20th Century
• For the past four decades, immigration has been from a more diverse range of countries than during the first part of the 20th Century
• There were
438,421 removals, or deportations, in year 2013, up
from 30,039 in year 1990
• Denials of applications for lawful permanent residency (green cards)
have increased in recent
years, with past immigration violations becoming
the leading grounds of inadmissibility
• The number of employers enrolled in the E-Verify employment eligibility
verification system grew from 5,900 at the close of year 2005 to 483,000 by the
end of year 2013, and
$15.8 million in administrative fines were imposed on employers who
engaged in unlawful employment in 2013, more than the total amount of fines imposed from year
1999 through year 2009
To read the full report, visit:
http://www.fas.org/sgp/crs/homesec/R42988.pdf
To learn about your immigration options, please visit us at
, or write to us at TheTeam@Huwelaw.com.
Oxfam Reports Richest 80 People Own as Much as Poorest 50% of the World Population
International nonprofit organization Oxfam has issued a report announcing that the richest 80 people in the world control more wealth than the poorest 3.5 billion people.
This enormous income disparity has been widening over the years. By 2016, it is estimated that the richest 1% of the global population will own 50% of the world's wealth.
Oxfam reports that the richest 1% protect and enhance their wealth by spending millions of dollars on lobbying, especially in the United States. The wealthy lobby for tax and budget protections, especially in the industries where their wealth is concentrated - the financial sector, the pharmaceutical industry and healthcare companies.
Meanwhile, the poorest 3.5 billion people live on less than $1.25 a day.
To calculate wealth, Oxfam used the Forbes's list of the world's richest billionaires and the Credit Suisse Global Wealth Databook as a starting point. They then researched the estimated values of each billionaire's ownership in various companies and properties.
Oxfam is a nonprofit that has been working to combat poverty since 1942. You can read the report and review the calculations at:
http://www.oxfam.org/en/research/wealth-having-it-all-and-wanting-more
You can find the Forbes list of the richest people in the world at:
http://www.forbes.com/billionaires/list/#tab:overall
To find out how your family or business can come to the U.S., contact us at TheTeam@huwelaw.com.
Visa Bulletin for February 2015
The Visa Bulletin for February 2015 has just been released. There was slight forward movement in most visa preference categories. The Bulletin includes information on potential monthly movement for family and employment categories through May 2015.
To see the entire Bulletin, visit:
