New Public Charge Rule’s Impact on Green Card Applicants

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New Public Charge Rule’s Impact on Green Card Applicants

Since February 24th, 2020, U.S. Citizenship and Immigration Services (USCIS) has implemented the Inadmissibility on Public Charge Grounds Final Rule nationwide. This public charge rule expands the grounds on which immigration enforcement officials can deny the acquisition of a green card or other legal status to noncitizen applicants, to ensure that individuals will not rely upon government benefits and services. Until February 24th, the use of most public benefits did not impede legal status in the United States. The new rules allow USCIS officials to penalize noncitizen recipients of housing, health, and nutrition welfare programs that are applying to change their legal status. However, because few benefit programs are open to noncitizens without legal permanent residence, few green card applicants are likely to be denied based on their benefit use. Notably, certain classes of individuals, such as refugees and asylum seekers, are exempt from the public charge ground of inadmissibility.

Note that Public Benefits that will not be considered by officers in determining an alien applicant’s inadmissibility on grounds of public charge are: emergency medical assistance, disaster relief, national school lunch programs, energy assistance, food pantries and homeless shelters, Head Start, government-subsidized student and mortgage loans, subsidies for foster care and adoption, Children’s Health Insurance Program, and the Special Supplemental Nutrition Program for Women, Infants, and Children.

This final rule applies to applicants for admission, aliens seeking to adjust their legal status from within the U.S., and aliens within the U.S. who have a nonimmigrant visa and would like to extend their stay in the same or different legal classification. This rule indicates that the Department of Homeland and Security (DHS) will not consider the receipt of public benefits received by an alien who is enlisted in the U.S. armed forces or is serving in active duty. Furthermore, DHS will not consider the public benefits received by children. Likewise, DHS will not consider Medicaid benefits received for the treatment of an emergency medical condition, services provided in connection to the Individuals with Disabilities Education Act, schools-based benefits provided to individuals who are below or at the oldest age eligible for secondary education, aliens under 21 years of age, and pregnant individuals or individuals within the 60-day period beginning on the last day of the pregnancy.

Significance for Green Card applicants:

The State Department’s revised public charge guidelines increase the difficulty in securing a green card or other form of visa. If a green card applicant is filing immigration paperwork from abroad he or she should expect significant scrutiny of past and present financial circumstances. While receiving cash benefits in the past can be a factor in the government’s decision, no single factor will dictate whether USCIS deems an individual a “public charge”. Immigration enforcement officers use their discretion to decide whether an applicant can receive legal permanent residence, using the following factors to determine whether an individual is likely to rely on public funds:

– Age: The final Supreme Court rule indicates that USCIS will consider whether an applicant’s age impacts his or her ability to physically work, and is therefore relevant to determining self-sufficiency. USCS has indicated that it is important that the applicant is between 18 and 62 years of age. This age range is based on the age at which individuals are generally able to begin working full-time and the age at which individuals typically retire with social security retirement benefits under federal law. Moreover, minors under 18 years of age are more likely to qualify for public benefits, and thus may be relevant to public charge inadmissibility. The regulation also acknowledges that applicants under 18 years of age or over 61 years of age may work or have other means of support. For minors under 18 years of age, USCIS will consider the availability of outside support form a parent and other resources and assets available to the minor applicant. USCIS says that it will be heavily negatively weighted if the applicant is authorized to work, not a full-time student, and does not demonstrate current employment, recent employment history, or any prospect of future employment.

– Health: USCIS will consider whether an applicant has a medical condition that will require extensive future treatment that will likely impede the applicant’s ability to work and provide for himself or herself. However, the presence of a medical condition does not automatically render an alien applicant inadmissible. USCIS officials will likely defer to Form 1-693 (civil surgeon’s medical report) that must be filed as a part of the application process. Officials will consider the medical condition through the lens of whether the medical condition will impede an alien’s ability to attend school and work. Applicants with a health condition should have evidence that they have or will obtain private health insurance to cover all associated foreseeable medical costs.

– Family Status: The final Supreme Court’s rule indicates that the larger the family’s size, the more income an applicant needs to establish. Thus, it is considered whether an alien applicant has a household to support, or whether the applicant is supported by another household, in order to determine whether the alien would be more or less of a public charge. Certainly, household size does not automatically dictate the outcome of a public charge admissibility determination, and officers look at other factors such as financial status.

– Financial status (including income, employment, assets, and resources): Perceived negative factors such as unemployment may contribute to additional questioning. Applicants must submit Form 1-944 (Declaration of Self-Sufficiency) to provide evidence of an annual gross income at least 125% of the Federal Poverty Guidelines. If an applicant cannot provide adequate evidence of sufficient income, his or her assets can be considered. These assets may pertain to the applicant or to any family member in the household. USCIS officers will also consider an applicant’s credit history and civil liabilities, including mortgages, spousal support, unpaid taxes, etc… The final rule provides that a household income, assets, and resources of at least 250% of the Federal Poverty Guidelines is a heavily weighed positive factor.

– Education and Skills: USCIS will consider whether an applicant has sufficient education and skills to obtain and maintain a lawful employment. Skills include English proficiency. Generally, aliens with educational credentials, certificates, and skills are more employable and thus less likely to become a public charge. Considering market demand, DHS may regard an applicant’s proficiency in other languages, along with English, when reviewing the education and skills factor.

– Affidavit of Support: Because an affidavit of support does not guarantee that an alien applicant will receive public benefits in the future, officers only consider the affidavit of support as one factor among all others. However, an applicant’s failure to submit a required affidavit of support will result in a determination of inadmissibility without review of other factors. USCIS considers whether a sponsor will genuinely provide the required amount of financial support to the alien applicant.

DHS notes that the following are positively weighed by USCIS: significant income, resources, and assets; or an annual income of at least 250% of the Federal Poverty Guidelines.
Furthermore, DHS lists some heavily weighed negative factors that indicate an alien applicant’s likelihood of being a future public charge, which include: lack of employment, lack of financial means to pay for medical costs, current receipt of one or more public benefits, receipt of public benefits within 36 months of filing an application for legal permanent residency, and previous determination of inadmissibility or deportability based on public charge.

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TN Visa | Immigration Law Group, LLC

The New H-1B Cap Registration System and What it Means for Your Business

Staying Informed on the New H-1B Immigration Cap Registration System

Immigration law is complicated. No one knows this better than Elliot M.S Yi and his team of immigration attorneys at  Immigration Law Group. When you’re applying for a work visa, it can seem as though the rules are constantly changing, and they only get more complicated if you want to bring your family with you. No matter how much education or skill you bring to your job, navigating the complicated world of immigration law is no easy task.

Whether you’re looking to apply for an H-1B visa on your own or you’re an employer here in the state of Oregon looking to petition for qualified workers to achieve legal status, Immigration Law Group can help make your American Dream a reality.

What is an H-1B Visa and So I Qualify for One?

The H-1B visa is a non-immigrant visa which allows foreign workers to apply to come work in the United States for up to three years but may be extended to six years in specialty occupations. In order to qualify for an H-1B visa an applicant must meet the following  criteria.
  • Education –  In order to qualify for an H-1B visa an applicant must have a Bachelor’s degree or higher, or an equivalent degree.
  • Degree Requirement –  The degree requirement within the industry for the job must be so unique, or the job so complex, that only someone holding the degree could perform the job duties and responsibilities.
  • Employer Requirement –  The Employer must normally require someone with that degree or its equivalent for the position.
  • Specific Duties –  The nature of the specific duties of job are so specific that it usually requires educational training associated with your degree.
Although an H-1B visa is a non-immigrant visa it is often used as a stepping stone towards citizenship and is recognized as a dual intent visa. Many immigrants who possess an H-1B visa apply and obtain a Green Card while working in the United States and the H-1B visa also allows for an applicant to apply to bring their spouse and children under the age of 21 with them

What is the New Cap Registration System for H-1B Visas?

As of March 1, 2020, the United States Citizenship and Immigration Services (USCIS) has announced that there will be a new  cap registration system  for H-1B visas. The new cap system for H-1B immigration allows for a total of 85,000 new H-1B visas each fiscal year, 65,000 of those being new visas for immigrants with a bachelor’s degree while 20,000 will be available for specialty workers with advanced degrees but requires employers to register in advance if they wish to petition for an immigrant through the system.

Under the new system, registration will open for petitions from employers on March 1st and close on March 20th with employers being notified by March 31st if the potential employee they registered was selected, giving the employer 90 days to file their petition. There will be a 10$ registration fee for each applicant a company wishes to register however there is no limit to the number of registrations a US employer may submit.

How Does This Impact Current and Potential Immigrants?

One of the fears of this new system is that larger companies will not be limited by the 10$ registration fee and will therefore submit numerous registrations, drowning out smaller companies and making the elusive H-1B visa even harder to come by, increasing the lottery feel of the system for anyone without a large corporation behind them.

It is also unclear as of this time what will happen to applicants petitioning for a “Master’s Exemption” who do not meet the full requirements at the March deadline but will by the time the H-1B visa is processed.

Why Call Immigration Law Group?

As an employer, you want the best people to work for your company and sometimes those people are located outside of the United States. Petitioning the government to bring over a worker shouldn’t be this much of a headache. Immigration law is complicated and ever changing, it can be hard to keep up.

Call  Immigration Law Group  today and help make a murky and confusing process simpler for you and your future employees. Let us help make the American Dream a reachable goal for everyone.
To learn more about immigration services in Portland Oregon, contact out offices located on 650 NE Holladay St, Suite 1600 Portland, OR 97232. Message us online or call (866) 691-9894
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No-match letters

Understanding No-Match Letters: What to Do When You Receive One

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In the past, “no-match letters” created a lot of stress for employers, employees, and immigrants. After a lot of push back and lawsuits from immigration groups, businesses, and labor unions, the “no-match letters” were stopped. However, in recent months they have returned. With them came a lot of concerns about compliance issues and fears that they would once again indicate work authorization problems. However, their reinstatement came with specific policy changes that are important for employers and immigrants to know and understand.

What are “No-Match Letters”?

In 2019, the Social Security Administration again implemented the “no-match letters” also referred to as “employer correction requests.” These “no-match letters” are sent out by the Social Security Administration (SSA) when the Social Security number or the name on the employers Form W-2 does not match Social Security Administration records.  

How do “No-Match Letters” Impact the Social Security Administration?

The SSA began implanting these “no-match letters” to notify the employers and their workers of the discrepancy in terms of certain information. These letters also alerted specific employees that they were not getting the proper credit in terms of their earnings. This could affect their disability benefits and future retirement benefits. When employers receive “no-match letters,” they are advised to follow specific steps to address them and prevent future issues. These include:

  • The employer should register online through the agency’s system to discover which worker has the discrepancy.
  • Discuss issues with the indicated worker. Have them confirm the name and Social Security Number reflected in the employment records.
  • Give the worker a reasonable amount of time to contact the Social Security Administration and correct their records.
  • Discuss with the employee their efforts to address and resolve the issue.
  • Go over the employee’s specific documents that show that the discrepancy has been resolved.
  • Finally, submit any employer corrections to the Social Security Administration.

How Do They Affect Immigrants, the People, and the Country?

Previously, employers were able to use the “no-match letters” as constructive knowledge that employees were not authorized to work in the U.S. Therefore, they could fire them. However, with the policy changes, these actions are no longer allowed. According to the SSA, no adverse action should be taken on any employee indicated in the “no-match letter.” These adverse actions include firing, suspending, laying-off, or any discrimination against the individual. Further, the guidance provided by the agency states that the inclusion of an employee’s name on the “no-match letter” does not indicate the employee’s immigration status. All the “no-match letter” does is inform the employer and employee of a discrepancy in the files.

However, with the comeback of these “no-match letters,” it is imperative that employers implement a written policy and specific procedures on how they respond to the “no-match letters” they receive to prevent any unfair practices or any discrimination issues. They also need to apply the procedures consistently to all their workers and maintain specific records of their responses.  

Why Call Immigration Law Group?

With the country’s immigration policies continually evolving, it’s imperative to have a knowledgeable team that understands the immigration laws. With Immigration Law Group, you will have professionals that understand this evolving political climate. They will also walk you through any immigration problem or question that you have. If you would like to schedule a meeting to discuss an immigration issue or need an immigration question answered, contact the Immigration Law Group today.

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Temporary Protected Status

Travel Regulation Updates: How Travel Impacts TPS Beneficiaries in Removal Proceedings?

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The Temporary Protected Status (TPS) has been a lifeline to thousands of people that are living in the United States. It protects these individuals from being subjected to dangerous conditions from their home country like disease, starvation, violence, and other threatening conditions. However, TPS regulations are continually changing. Now more than ever, it is critical to have a knowledgeable team that can help guide you through these specific adjustments.

Immigration Law Group  can guide you through your Visa issues, Green Card questions, and discuss any policy changes. TPS is a critical designation for many, and it is imperative to understand the requirements of this status, as well as the updates to this specific policy. With Immigration Law Group, you can stay up to date with this ever-changing immigration climate, and understand how you may be affected by it.

What Is Temporary Protected Status (TPS)?

Through the Immigration Act of 1990, Congress created the Temporary Protected Status (TPS). It is a temporary immigration status that would be provided to the nationals of specific countries that are confronting extraordinary or temporary conditions, environmental disasters, or ongoing armed conflicts. These particular issues make it unsafe for the nationals to be deported back to their home country. As a result, the TPS designation provides these nationals with a work permit and a stay of deportation.

To qualify for this TPS designation, individuals need to meet the following criteria:

  • Must be a national of a country that has a TPS designation;
  • Be continuously and physically present in the United States since the specific date of appointment;
  • Must have resided in the United States, consistently, since the specified period indicated by the Secretary of Homeland Security; AND
  • Not be barred from asylum for national security or criminal related reasons. (i.e., convicted of a felony or two or more misdemeanors.) or inadmissible to the United States.

TPS Updates and How They Affect Individuals With Final Removal Proceedings

Recently, the U.S. Citizenship and Immigration Services (USCIS) has updated its  USCIS Policy Memo to reflect the effects of individuals in the TPS designation who travel outside of the United States and have final removal orders. This recent update indicates that these individuals who travel abroad temporarily, with proper prior authorization, will be able to return to the United States. They will retain the same immigration status they had before they departed the United States. This change is a stark difference to past regulations. Previously, individuals in the TPS designation with final removal proceedings who left the country would result in the execution of their outstanding removal order.

How Does TPS Affect the Country?

Most TPS individuals have been in the United States for decades. Starting families here and becoming deeply integrated into their towns and their cities. These individuals not only contribute significantly to the overall U.S. economy, but they provide financial and emotional support to their families and friends. They also provide vital assistance to schools in their area, civic organizations, and even their churches. Many of these individuals work as caregivers, or professions that are crucial to the overall health of not only their specific communities but the country as a whole.

About  88.5% of TPS beneficiaries are in the labor force. This is a significant statistic that would cause a devastating economic and social impact across the country if the TPS program was ever terminated. Ending this program would create substantial GDP losses that would be staggering for the country to process. TPS recipients are a significant stabilizing factor for the United States. They also allow the promotion of regional security to their own home country as well.

Why Call the Immigration Law Group?

With  Immigration Law Group, you will have a dedicated staff that will work tirelessly on your immigration case. We understand how critical each Visa application is and how important it is to stay ahead of new immigration policies. We know the effects these regulations have on not only your specific case but your life and livelihood as well. Don’t wait any longer; contact us  today to schedule a meeting to discuss your situation or to have us answer any immigration questions you may have.

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National Defense Authorization Act

2020 National Defense Authorization Act: What to Know and How It Can Affect You?

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The 2020 National Defense Authorization Act provides several new provisions that impact many national science and technology policies, the Defense Department’s research security efforts, and several immigration-related measures. Immigration Law Group consists of top-rated Immigration lawyers who understand the effects of these immigration policy changes. We know how imperative it is to have a dedicated and knowledgeable team working for you. Our staff will not only walk you through these new immigration policy updates but provide your case with the attention and care that it deserves.

What is the 2020 National Defense Authorization Act?

The  2020 National Defense Authorization Act  authorizes specific 2020 appropriations and puts into place certain policies for the Department of Defense activities and programs. The bill also includes many immigration-related provisions that affect Liberian nationals, the Afghan special immigrant visa programs, the parole in place for individual service members, and specific protections of the DACA and TPS service members.

Essential Immigration Changes That Come With the Act

The National Defense Authorization Act is the primary way for Congress to execute its Constitutional duties. Specifically, support and raise the Armies, maintain and provide for its Navy while making rules for the government and specific regulations for the land and naval forces. In addition, to the numerous provisions to expand on these primary goals, there have been specific immigration policies that have also been amended.

  • Liberian Nationals:

Under this act, Liberians can adjust their status if they have been in the United States since November 20, 2014. Once these individuals obtain their LPR status, they can apply for citizenship without having to wait for an additional period of time. This act will allow individuals to apply one year after enactment.

  • Afghan Special Immigrant Visa Program:

Under this act, the Afghan Special Immigrant Visa Program will add 4,000 additional visas. It will affect the Afghan interpreters, translators, and other support staff who had worked with the U.S. military in Afghanistan. However, with the addition of these visas, it will also require reporting and evaluations to be done by the Department of State Inspector General about this program for the Iraqi and the Afghan allies.

  • Parole In Place:

This bill provides authorization according to INA Section 212(d)(5) to exercise parole in place on a case-by-case basis for individual service members and their families. This bill will protect those undocumented family members of veterans and active-duty military from deportation. It will confirm how vital the parole in place is, specifically in furthering the family unity and the stability for military families.

  • DACA and TPS Service Members

This bill will protect the recipients of DACA and TPS service members from being involuntarily separated from the Armed Forces.

How Will the Act Affect the Country?

The 2020 National Defense Authorization Act will ensure that individuals of the Armed Forces have the resources they need to protect the United States’ interests globally by enhancing America’s national security while also caring for the troops and their families. In addition, this bill will have a significant impact on immigration by increasing the number of special immigrant visas available to Afghans. It will also protecting those undocumented military family members from deportation, which the Trump administration had considered ending. Unfortunately, the bill did not address the desired language that immigration advocates had wanted. Specifically, language that restricted the transfer of military personnel and resources for the border wall or the immigration detention on the military bases. Time will tell how this will affect the country.

Why Call the Immigration Law Group?

With the constant changes in immigration law, it is important to hire an immigration team that has the experience, knowledge, and dedication to handle your immigration matters. With Immigration Law Group, we will provide you with an experienced team that will take on any immigration challenge you may have. Contact  our office today for more information or to set up an appointment.

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good moral character

Good Moral Character: What It Is and What You Need To Know

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The path to U.S. naturalization is increasingly complex and filled with pitfalls; and many of them seem hopelessly murky as well. One recent change has been to the imposingly and confusingly named Title 8 Chapter 1 Subchapter C Part 316 section 316.10 “Good Moral Character.” It states that an applicant for naturalization must be a person of “good moral character”. But what is that?

8 CFR 316.10  is a legal document, and hard for lay readers to understand, but the U.S. Citizenship and Immigration Services (USCIS) has provided a more readable format, available  online.

What Is “Moral Character?” How Do They Know?

When USCIS speaks of “moral character”, they are not speaking of an individual being a generally good or nice person. “Moral character” actually means “law-abiding”. The burden of proof that an immigrant is and has been “law-abiding” rests on the immigrant. There are several categories of laws that will permanently bar someone from entering the U.S.

  • An individual who has been convicted of murder in another country is permanently barred from establishing “good moral character” necessary for immigration.
  • Torture, genocide, Nazi persecutions, violations of religious freedoms. These violations of the Hague Conventions, Geneva Conventions, and other international human rights conventions, will permanently bar an individual from entry into the U.S.
  • Aggravated Felonies. This last category is the most expansive, and the one with the largest number of changes as of January, 2020. Any individual charged with an aggravated felony after November 29, 1990 cannot establish “good moral character.”

What About Other Crimes?

The USCIS acknowledges that there are lesser offenses that many people may commit; and these are not absolute bars to admission to the U.S. Some of these are:

  • Crimes of “moral turpitude”. According to the USCIS manual, “moral turpitude “refers generally to conduct that shocks the public conscience as being inherently base, vile, or depraved, contrary to the rules of morality and the duties owed between man and man, either one’s fellow man or society in general.” These crimes usually involve wanton recklessness or fraud.
  • Prostitution, controlled substance violations, polygamy, adultery. These may be bars to establishing good moral character, unless extenuating circumstances can be established.
  • Habitual drunkenness, multiple DUIs.

But What If It Wasn’t My Fault?

Most people relocate to America because conditions are better here than in their home country. The conditional bars to establishing good moral character acknowledge this with an exception for “purely political” arrests or incarcerations. An applicant must be able to show that political, religious, or racial motivations on the part of the government lay behind their arrests and convictions, and the exemptions are limited to:

  • Crimes of moral turpitude;
  • Conviction of two or more offenses with a combined sentence of five or more years;
  • Incarceration for a period of over 180 days.

For instance, an individual arrested in a sweep of religious minorities under a repressive regime, on trumped-up charges of sleeping with a political rival’s wife, or for demonstrating against the mistreatment of ethnic minorities in a nation that lacks protections for demonstrators, might be able to have this bar exempted.

But What Should I Do?

The burden is on the immigrant to show he or she was never arrested or convicted; an admittedly difficult bar, as it requires the individual to prove a negative. Modernly, immigrants should be aware that social media can be seen by everyone, and a casual comment, misunderstood statement, or similar name can lead to questions that cannot be answered.

Just as important, anyone who has an uncertain background must be prepared to answer any questions. If they are seeking permanent residence, they should seek legal advice early, and determine what is and is not likely to be an issue with USCIS.

Although the goal of the “good moral character” requirement is to ensure the new citizen measures up to the standards of their American community, they are weighed against the standards of the community of the nation they have left. Therefore, although adultery is a late-night comedian’s joke in the U.S., it can be a capital offense in some countries; and it is those judicial systems that the immigrant will be held to when answering the questions of the Immigration official.

Call Our Team!

Immigration Law Group  will review your past history, locate any trouble spots, and help you determine the best way to negotiate the labyrinth of “good moral character” and come safely out the other side. Give us a call today!

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marriage-based visa

Marriage-Based Visas: What You Need to Know if You Have a Criminal History

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The pathway to United States citizenship involves many complex options and, at times, confusing criteria. Immigration law in the United States is continually evolving and changing and can cause a lot of tension for immigrants trying to figure out how it all works. Applying for a green card based on a marriage can seem like an easy procedure. However, there’s a lot to understand to this process of marriage-based visas, and it can be the difference between an approval and a denial.

What is a Marriage-Based Visa?

The marriage-based visa is one option for an immigrant to apply for a green card. It is based on their marriage to a U.S. lawful permanent resident or a U.S. citizen. There are some common misconceptions when it comes to marriage-based visas. Most individuals tend to think that it’s an automatic ticket to U.S. citizenship, and it just involves filing some paperwork. However, the overall application is still a long and tedious process with an intense petition undertaking.

What are the Requirements to Obtain a Marriage-Based Visa?

The process of filing for a marriage-based visa is pretty straightforward. However, the overall operation comes with its hurdles and requires applicants to prove that their marriage is real and valid. To qualify for this specific visa, you will need to show the following:

  • You are legally married to a U.S. Citizen or a U.S. lawful permanent resident.
  • Your marriage is real and not fraudulent. Specifically, you are proving that your marriage is not just done for a green card.
  • Documentation of your spouse’s lawful permanent resident status or U.S. citizenship.
  • Proof that neither of you is married to someone else.

The Process:

To prove that you qualify for this visa, you will need to submit to U.S. Citizenship and Immigration Services (USCIS) the required Form I-130,  along with proof that your spouse is a U.S. citizen or a lawful permanent resident, and that you have a bona fide marriage. Once USCIS approves the I-130, you will be required to pay specific fees and fill out additional paperwork that the National Visa Center (NVC) will need. Once the NVC receives all your documentation, your case will be sent to a U.S. consulate located in your home country, where you will be required to obtain a medical exam by an approved doctor and attend an interview.

If everything is complete, you will receive your immigrant visa and will be able to present it at the U.S. border to receive a stamp in your passport indicating your green card status. This whole process can be tedious and stressful, that’s why if at any point you have questions or concerns don’t hesitate to call experienced professionals that can walk you through it and answer any questions that you may have.

Does a Criminal Record Affect this Process?

During your application process for your marriage-based visa, you will encounter questions that involve your specific criminal history. The government wants to know any interactions that you have had with law enforcement and will want you to provide detailed information. You should to indicate any charges or arrests that you had, even if they have been dismissed. Having a criminal history may complicate your overall process, but they will not automatically cause your case to be denied. Although, there are three significant crimes that most likely cause inadmissibility and should be discussed with an attorney before proceeding with your filing. They are:

  1. Crimes involving an Aggravated Felony
  2. “Moral Turpitude” Crimes
  3. Illegal Drug Crimes

How Do Marriage-Based Visa’s Affect Immigrants and the Country?

There have been countless discussions on marriage-based visas, and their impact on the United States. However, the common theme in these discussions is how beneficial this visa is to overall economic U.S. growth and the country’s diversity. It’s an opportunity to expand the U.S. borders and bring in immigrants with skills that will be valuable to the people of the United States and U.S. economy.

Contact Immigration Law Group!

Obtaining a marriage-based visa can be a daunting process that can cause a lot of headaches for a couple. But, with Immigration Law Group, our knowledgeable and experienced staff can make this process a lot easier and less stressful. We will answer any question and help you prepare your submission. If you need any further information or would like to schedule a meeting,  contact us today.

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non-US citizen

Can a Non-U.S. Citizen Start a Small Business in the U.S.?

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Starting a business can be an invigorating process that can yield high dividends. It’s an enticing opportunity that many want to be involved in. However, with the continually evolving political climate, the issue becomes whether a Non-U.S. Citizen can own a business in the United States?

What Rights Do Non-U.S. Citizens Have?

The U.S. Constitution includes provisions that describe the rights of its “citizens” and the “persons” in the country. This “persons” terminology is a term that was created to apply to everyone in the United States. Specifically, it means that everyone (permanent residents, visitors, and even illegal immigrants) in the United States should have equal rights when it comes to specific U.S. laws. These rights include the following:

  • The right to legal counsel
  • Freedom of speech
  • The right to peaceful assembly
  • Freedom of religion
  • The right to bear arms
  • The right to education
  • The ability to seek a government’s assistance without  punishment or reprisals
  • The right against unreasonable searches and seizures
  • The right to have due process of law
  • The right to have trial by jury

Can Non-U.S. Citizens Open a Small Business?

The good news is that the United States not only welcomes foreign business, but it will most likely continue to do so into the future. That’s why incorporating a business as a Non-U.S. citizen is not only doable, but the procedure is not as daunting as some may think.   However, there are specific provisions that Non-U.S. citizens need to consider, which can interfere with their plan of opening up a business that is headquartered in the United States. These rules state that without the proper visas, Non-U.S. citizens will not be able to live in the United States, work for the company in the United States, or be able to receive a salary from the company.   That’s why a Non-U.S. citizen must discuss all their options with a professional before proceeding with any business plan.

Types of Business Non-U.S. Citizens Can Open:

  • Corporation (C-Corp)
  • Limited Liability Corporation (LLC)

Additional Business Requirements:

  • When opening a business in the United States, annual tax returns are required.
  • A U.S. address is not required to incorporate a business in the United States. However, most states will require incorporation renewals each year.
  • A Non-U.S. citizen cannot obtain a salary from the United States-based company; however, they can receive payment from a branch that is located in their home country.
  • Certain Visa’s can make the process of owning a business in the U.S. more accessible, and they should be considered when starting this process. However, you will need to discuss them with a professional to see if you are qualified for either of these visas.
    • E2 Visa (most accessible for entrepreneurs) and L1 visa

How Will This Change Affect Immigrants and the Country?

Allowing Non-U.S. citizens the opportunity to start and grow a business in the United States, is crucial for not just encouraging immigrants to invest in the United States, but also for the United States’ continuous economic growth. These companies are employing millions of U.S. citizens across the country and putting money back into the nation’s economy. Some may fear that these companies will hurt the U.S.

However,   their overall impact on the people and the country’s economic health is not only positive but also a vital driving force in improving the local commerce. These companies have a rippling effect on the United States with their ability to contribute money to not only small towns and schools, but also bring in consultants, managers, and other employees, who, in turn, will provide additional jobs. Their ability to continually grow the economy is why the people and the country are so eager for these types of investors to invest continuously.

Call Immigration Law Group

Living this American dream of owning a business in the United States is possible, even as a Non-U.S. Citizen. However, to fully grasp all the options and avoid any issues, it is critical to hire professionals that are not only experienced in this field but can navigate the ever-changing immigration laws. With  Immigration Law Group,  you will have a dedicated team that not only will help you make this business dream a reality but provide you with all the options that can set you up for a lifetime of success. For more information,  contact us  today.

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new visa policies

Will New U.S. Visa Policies Prevent The Hiring Of Foreign Workers?

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U.S. work and student visa policies have been changing since time immemorial. However, President Donald Trump proposed a change in immigration policies. These changes restrict non-US citizens and immigrants permanently or temporarily from studying, living, and working in the United States.

According to the National Foundation for American Policy (NFAP), the US Citizenship and Immigration Services (USCIS) data analysis shows that the denial rates for H-1B visa petition has risen from 6% to 32% in 2015 and mid 2019 respectively. This is as a result of the USCIS raising the standards of approved H-1b petition.

What Visa Policies Are Changing?

The most affected policy is the H-1b visa. The policy changes are aimed at improving and streamlining of the allocation of the H-1B visa. This will be achieved by slicing the administrative burden of processing the application, and to transform the selection process in favor of U.S. applicants holding master’s degrees.

The other proposed changes refers to the OPT (Optional Practical Training) program, which allows international students under the F-1 study visas to freely work in the USA for only 12 months. The changes might limit them from receiving work authorization.

Another proposed change involves the H-4 work permit program allowing H-1B visa holders’ spouses to work in the United States. Trump’s administration will not give work permit to these spouses.

How Do New Visa Policies Impact Immigrants?

1. Decline in jobs for international students

A study by NACE  (National Association of Colleges and Employers) showed that the number of employers in the U.S. planning to hire international students dropped to 23.4% in 2018 after years of consistent growth that reached 34.2% in 2015.

2. Increase in immigration fees

The cost of becoming a U.S citizen will be 83% more expensive,  and it will raise the application fees required for legal permanent residency from $1,022, to 2,915 and the citizen application fee from $640 to $1,170.

3. Fewer students applying for colleges in the U.S.

According to the Institute of International Education (IIE), enrollment of new international students in the United States has reduced by 6.6% between 2017 and 2018, and has continued to go down.

This is not favorable for the economy or the universities as well because international students pay higher fees that native Americans. For instance, in 2017, the students contributed up to $42 billion to the economy through board and room, tuition among other expenses. That’s why some colleges have reclassified economic majors into STEM degrees.

4. Foreign tech workers are moving to Canada

As a result of the proposed changes, most large corporations may be forced to relocate their jobs abroad. For example,  Microsoft had announced  a huge expansion in Canada planning to build new headquarters in Toronto and hire 500 more employees.

In addition, the  Canadian government invited skilled people in the computer and tech related fields to sign up for permanent residence under the Express Entry Program. Out of the 86,022 invites sent in 2017, Indians got 42%, China behind by 9%, Nigeria received 6% and Pakistan got 4%. The number of Indians admitted in 2016 was 9,584, which rose to 26,340 in 2017.

Do Changing Visa Policies Affect the U.S.?

Change in visa policies has pushed highly skilled foreigners out of the U.S. significantly reducing innovation. As a result, foreign affiliate employment has increased due to the increasingly strict restrictions on the H-1B visas. Multinational firms are likely to establish new foreign affiliates outside the U.S., especially in fields where services can be off-shored.

Contact Immigration Law Group!

Looking for an immigration lawyer? Well, look no further! At Immigration Law Group we have top-rated immigration lawyers to help you obtain U.S. citizenship and visas. Contact us  today to help you become a lawful permanent U.S. citizen.

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migrant protection protocol

Migrant Protection Protocol: What Is It and How Does it Affect Immigrants?

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Under the current political administration, many of the established immigration laws, like the Migrant Protection Protocol, are being profoundly altered and scrutinized to limit the number of people arriving at the US- Mexico border. Because of these new policies, there has been constant chaos for vulnerable asylum seekers. It is leaving thousands of migrants to deal with dangerous conditions, family separations, and a terrible health environment.

What is the Migrant Protection Protocol?

The Migrant Protection Protocols (MPP) are actions implemented by the U.S. Government. It states migrants that are entering illegally or seeking admission without proper documentation into the United States from Mexico must wait in Mexico for the duration of their immigration proceedings. Per the regulation, Mexico will be required to provide the asylum seekers humanitarian protections during this period.

What are the Dangers of the MPP?

This intention of the MPP policy was to create a more efficient and orderly immigration system. Instead, this new regulation requires migrants to wait for months or years in dangerous camps while their case is processed. Many of these migrants are already fleeing terrible conditions, only to be required to stay in camps that have become life-threatening and treacherous.

This new asylum policy has led these migrants to live in some of the most dangerous cities located at the Mexico border. Thus, resulting in a wave of kidnappings, sexual assaults, and rapes. Many criminal organizations have seized opportunities from this new MPP policy by abducting these endangered asylum migrants waiting at the border. They have kept them hostage until their families pay thousands of dollars for their release. Not only is crime a massive issue for these immigrants, but health concerns are also on the rise, as the health conditions at these camps continue to worsen. Without clean water, many immigrants must use the polluted Rio Grande to take care of their essential needs. This usage has resulted in many rashes and a plethora of other health problems.

The whole premise of the MPP was to reduce threats of life and protect vulnerable populations. This objective has been gravely missed. Ideally, the program would have found ways to increase capacity at the ports of entry or improve the detention programs. Rather this policy has led to expanding our asylum system’s current inefficiencies and creating dangerous conditions. As the enforcement of the “Remain in Mexico” program continues, it leaves thousands of migrants to handle the immigration crisis on their own while ultimately putting their lives, safety, and health at risk.

How does the MPP Affect Immigrants and the U.S.?

Under the MPP policy, it makes it nearly impossible for migrants to obtain asylum when they reach the United States. Instead, it leaves these individuals to handle terrible conditions, chaos, and a lot of suffering.   However, it is not only the migrants that are hurting under this regulation.

With the additional border security required under this policy, its forced thousands of U.S. federal employees to work without pay. This policy has created an immense burden for many U.S. officials and has created an overall legal and humanitarian nightmare. Not just an immigration issue, the MPP policy has become a disaster for people and the country as a whole.

Call Immigration Law Group!

Under the current Trump Administration, immigration policies are continually being changed.   It’s more important than ever to have qualified professionals working on your immigration case.

With Immigration Law Group, you can be confident that you are getting the best legal services specific to your case. If you have an immigration question or would like to discuss your immigration case, contact  our dedicated and experienced staff today.

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