Author: tancincowp

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Citizenship, naturalization, and adopted children: The USCIS makes a clarification

Citizenship, naturalization, and adopted children: The USCIS makes a clarification
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The USCIS on April 21 announced an update on its policy manual to clarify guidance regarding the application of citizenship and naturalization provisions on adopted children.

This includes:

  • The requirements for adopted children to meet the definition of a child for citizenship and naturalization purposes, including having an adoption that is considered full, final, and complete for immigration purposes;
  • The eligibility for US citizenship for adopted children who reside in the United States and how to obtain a Certificate of Citizenship;
  • The eligibility for US citizenship for adopted children who reside outside of the United States and how to apply for citizenship and issuance of a certificate; and
  • The guidance on the acquisition of citizenship and naturalization when an adoption is disrupted or dissolved.

This update does not mean any change for the requirements for adopted children to become US citizens.

Need help with naturalization? Reach out to your trusted immigration lawyer.

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Updates

A crisis at the border? The end of Title 42 and what it means for you

A crisis at the border? The end of Title 42 and what it means for you
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A major immigration policy, Title 42, is set to lapse on May 11. 

It is the policy which allowed the rejection of up to hundreds of thousands of asylum seekers at the border. It was used by the Trump administration during the height of the pandemic, citing the need to stop the spread of the virus.

But it is now April 2023, and the policy is set to expire. What can we expect to happen?

Just as every time immigration policy loosens up, we can expect a downpour of asylum seekers at the border. 

This time, immigration officers cannot just simply turn them away, and so we expect the buildup of a crowd at the border – all now seeing a path towards legal migration.

Why does this matter? With the expected flood of people at the border, it means thousands if not tens of thousands of more immigration applications.

This volume can stress and even overwhelm the system at the border  and the country.

More than the logistics, whatever happens at the border usually influences public and political opinion about immigration and can affect future immigration policies. This means anyone who cares about immigration should tune in to what happens next.

The Biden administration is bracing for this by drafting new policies such as additional screening for asylum-seekers and extending more resources at the border.

Is this enough?

These are short-term solutions that, for the president, can be enough for now. How will this affect your immigration application? Consult your trusted immigration lawyer today.

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Featured

Bipartisan bill seeks to increase employment-based green cards

Bipartisan bill seeks to increase employment-based green cards
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There is currently a bipartisan bill that is seeking to increase employment-based green cards by using accumulated backlogs since 1992 and then exempt these “recaptured” backlogs from the 7% per-country limitation.

How is this possible and how is it moving forward?

The bill was filed on March 10, 2023 by Representative Raja Krishnamoorthi, the Democratic congressman from Illinois. He proposed it as the Eliminating Backlogs Act of 2023.

Why does this matter?

Every year, the United States only allots 140,000 employment-based green cards. From this allotment, individuals from any one country cannot be issued more than 7% of this each year. 

This cap has proven to be insufficient as there are several countries where many green card applicants come from, like China, India, Mexico, and the Philippines. And with a lot of applications competing for a small allotment, a lot inevitably find their way to the backlog. And this has lasted for decades.

The backlog

Due to many factors, such as administrative delay and the pandemic, employment-based green card backlogs have reached 1.6 million by the end of 2022.

This is a problem, especially since the United States has had a labor shortage for a while now despite many immigrants eager to work for American companies.

Where the bill comes in

The proposed Eliminating Backlogs Act of 2023 aims to end the decades-long backlogs and assuage the labor shortage at the same time.

While the bill is expected to garner support from immigrant workers, it may face an uphill battle in Congress as previous efforts to increase the green card caps and decrease the backlogs have stalled.

Want to know how this will affect you? Reach out to your trusted immigration lawyer.

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Updates

USCIS removes 60-day rule for the green card medical exam form

USCIS removes 60-day rule for the green card medical exam form
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For everyone filling up their green card medical application form, the US Citizenship and Immigration Services (USCIS) has made your lives easier.

The USCIS has removed the 60-day rule for civil surgeon signatures on the immigration medical exam. Now, you can file a signed form up to 2 years from when the civil surgeon signed it.

Why does this matter?

Before, the USCIS strictly demanded that civil surgeons sign at at most 60 days before the form’s submission.

For many busy immigrants, this was a steep ask, even a costly one since getting that signature then submitting the form has meant days taken off from their routine.

What should you do with the extra time?

With more time, green card applicants can spend more time making sure that their application is complete.

For those having trouble with their medical exam, this could mean more time to look for a doctor they can trust and then meeting them at their most convenient time.

How do I find a civil surgeon?

The USCIS has a list of approved practitioners on their website. The medical examination involves physical examination and blood and urine tests. It also includes a check on your immunization against diseases.

Bring your passport and your immunization records so that the civil surgeon can easily check your immunization history.

Medical examination on Form I-693 are part of an Application for Adjustment of Status to resident status.  They are usually filed simultaneously with I-485s and I-130s forms.

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Updates

FY2023 H-1B Registration Fact Sheet for Employers

FY2023 H-1B Registration Fact Sheet for Employers
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Registration Process

To file H-1B petitions subject to the FY2024 cap for an employee, you must first electronically register and pay a $10 fee for each electronic registration. The electronic registration includes basic information about the employer and employee. If prepared by an attorney, the process requires an electronic handshake between the employer and attorney. Registrations must be submitted between March 1 and March 17, 2023.

When you register, you must pay a non-refundable $10 fee online for each registration using the pay.gov portal. Payment can be made via ACH transfer from a bank account, a credit card, or a debit card. This fee is in addition to the filing fees you will have to pay later with the petition if the employee is selected in the cap lottery. If an attorney is filing on your behalf, please consult with the attorney about how this payment will be made.

Please note: Employers are prohibited from submitting more than one registration for the same prospective H-1B employee. If an employer or its attorney submits more than one registration for the same H-1B candidate in a fiscal year, all registrations for that candidate will be invalid. USCIS has created a tool to allow employers and their attorneys to check for duplicate registrations.

The Lottery and Filing Petitions

After the registration period, USCIS will randomly select registrations from the ones it has received and will electronically notify you or your attorney if your employee has been selected. This will happen no later than March 31, 2023. If your employee’s registration is selected, then you will have at least 90 days to file a fully prepared H-1B cap-subject petition for the employee starting April 1. If your employee’s registration is not selected, the registration will be maintained until USCIS determines that it has received enough petitions to meet the cap. Once the cap has been reached, registrations that were not selected will be updated online as “not selected.”

What Should I Do Now?

Schedule a meeting with your attorney’s office before the registration period to discuss prospective H-1B petitions and whether the job and the individual would qualify for an H-1B. You should also discuss the timing of filing your H-1B petition with your attorney. To do this, you should:

  • Gather all relevant information about the job and the prospective employee’s qualifications
  • Starting at 12:00 noon (ET) on February 21, set up an employer account on myUSCIS as an “H-1B registrant.”
  • Call your attorney’s office with any questions.

Be prepared to discuss your expectations for processing your registration and how quickly a petition needs to be filed if selected. Your attorney can also discuss options if your registration is not selected.

 IMPORTANT DATES:

  • February 21: Employers may begin creating myUSCIS H1B registration accounts
  • March 1: Registration Period Opens at 12noon (ET)
  • March 17: Registration period closes at 12:00 noon (ET)
  • March 31: USCIS conducts the lottery and electronically notifies selected registrants
  • April 1: Filing period begins for selected cases ONLY

If you have questions about the H-1B visa process, we encourage you to reach out to Tancinco Law, P.C. at 1 888 930 0808, email law@tancinco.com or schedule a consultation through our website at www.tancinco.com.

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Updates

It’s Layoff Season for Tech Industry Workers

Its Layoff Season for Tech Industry Workers
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What options do terminated H1B employees have?

In prior years, there was usually a lot of excitement building up towards the period when the US Citizenship & Immigration Service (USCIS) opens the period for accepting H1B petitions. But this year is different. 

Beginning last quarter of 2022 up to the present, giant tech employers have been announcing mass layoffs of thousands of their employees citing economic uncertainty and fear of a coming recession. While there are no exact figures of how many are holders of H1B visas among those who were terminated, we are receiving a lot of inquiries by terminated H1B holders on what options they have to continue staying in the United States.

Generally, an H1B visa holder must leave the U.S. before the end of 60 days from date of termination. But if the worker is not ready to depart,  what are the available options to allow them to continue to stay in the United States?

  1. Find a new U.S. employer. A terminated H1B visa holder may apply for a new job with a different employer.  This new employer must be filed before the 60 days expire. 
  1. Negotiate with the Current Employer. Being laid off comes as a surprise to many and usually it is a sudden news that is received by a terminated employee, i.e. no advance notice. But if a Notice of Termination is already received, depending on the company policy, one may negotiate for an extended termination date until the H1B employee finds a new employer in exchange for a lower severance pay. This is just an option as many H1B visa holders find that maintaining status is more a priority than the amount of severance pay.
  1. Change Status. If the deadline to leave the country is fast approaching and  the negotiation for extended termination date is not granted, consider filing for a change of status for either a visitor visa (B2) or a student visa (F1). Or, the H1B visa may also be changed to an O1 visa which will also permit the individual to work. The standards for O1 are different from an H1B, thus requiring an advice/analysis from a legal counsel. This application for change of status must be filed within the 60 day grace period.
  1. Adjust Status. This situation is specific to those who have a U.S. citizen fiancé or are already in a relationship. They may want to consider marriage and have their spouses petition them. A simultaneous petition and adjustment of status may be filed.
  1. Consider forming a Start Up Entity. An investor visa (temporary or permanent) may be an option for a terminated H1B visa holder who has the capacity to invest in a new U.S. entity and meets the eligibility requirements set by pertinent regulations.

Realizing that thousands of talented foreign nationals are affected by these mass layoffs, there are venture capitalists and or other smaller firms, who may be sympathetic and willing to hire these H1B employees.

When all options have been exhausted and there is no such luck, or perhaps, there is not enough time to change status or find a new employer within the 60 days period, it may be best to consider leaving the United States in order to preserve one’s option of returning in the future without any negative consequence. 

(Atty. Lourdes S. Tancinco is an immigration attorney and immigrant rights advocate based in the San Francisco Bay area and a partner at the Tancinco Law P.C.. She may be reached at law@tancinco.com, www.tancinco.com, facebook/tancincolaw, or at 1-888-930-0808)

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Updates

A Senate bill for Dreamers. Promising or not?

A Senate bill for Dreamers. Promising or not?
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Senators from both sides of the aisle have come together to back a Senate bill that would provide a path to citizenship for Dreamers.

The Senate bill promises a pathway to citizenship for 2 million Dreamers. At the same time the bill sets aside $25 billion to $40 billion for border security.

Wait, a bill that both helps Dreamers but pushes restrictions at the border? How did this happen?

This is primarily because of the primary proponent of the bill, Arizona’s Senator Kyrsten Sinema.

She said they needed legislation to further restrict illegal border crossings as her state suffered the most with lax regulations.

Will this pass? Sinema is optimistic in the Senate, despite the control of Democrats. The House is in a trickier situation, with more further right-wing legislators asserting control on the House floor.

As for the White House, President Joe Biden said Congress needs to pass a “comprehensive” immigration plan.

So far, President Biden has leaned into using Trump-era policies to limit illegal immigration.

Until this so-called comprehensive law is passed, Dreamers will continue to be in wait for their future.

To seek advice for Dreamers, consult a trusted immigration lawyer.

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Updates

Latest: On Green Cards and being a “Public Charge”

Latest On Green Cards and being a Public Charge
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The US Citizenship and Immigration Services (USCIS) has announced changes to Form I-485 or the Form for Adjustment of Status.

The change includes a new “public charge” portion, and some new questions for green card applicants.

The changes have been applied since December 23, 2022, according to the USCIS.

First, let’s review what a public charge is. Being a public charge means that a person is “primarily dependent” on the government, making them a “charge” to the public rather than a contributor. 

Green card applicants are not admissible to the US if they are likely to be a public charge. 

The keyword is self sufficiency.

The change is with proving one’s self sufficiency. Under the Trump administration, there was a whole separate form, the Declaration of Self Sufficiency, to prove that one was not likely to become a public charge. 

Under the Biden administration, some of the information asked by the discarded form will be included in the Form I-485.

Here’s what Boundless found: In the preview of Form I-485, if an applicant answers “yes” to being subject to public charge ground of inadmissibility on their form, they must provide the following information:

  • Household size
  • Annual household income
  • Total value of household assets
  • Total value of household liabilities
  • Highest degree or level of school completed
  • List of work-related skills, certifications, licenses, educational certificates
  • If an applicant has ever received cash benefit programs for income maintenance
  • If an applicant has ever received long-term institutionalization at the government’s expense

For guidance on getting a green card and navigating these new rules, reach out to a trusted immigration lawyer.

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Updates

Is 2023 the worst year to get an H-1B visa?

Is 2023 the worst year to get an H-1B visa?
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With applications skyrocketing year after year, experts are speculating that 2023 may be a bad year to apply for an H-1B visa.

For those who forgot, the H-1B is a visa in the US that allows US employers to temporarily hire foreign workers in specialty occupations.  

Granting the H-1B is based on a lottery basis, with applications that will be processed being selected at random.

According a recent Mint article, this is because of the newly launched electronic registration. It started in 2020, and since then has increased the number of applicants for H-1B visas to almost 500,000 in a year.

2023 is projected to be the biggest year yet, and yet there are only around 85,000 H-1B petition approvals.

Aside from the US economy doing well overall, enticing more applicants into the country, there have been large-scale layoffs in the tech industry, with many of those let go needing to reapply for an H-1B.  

There are also H-1B applicants who lost the lottery the previous year who are applying again.

With such tight competition for processing, the chances are bleaker than ever to get picked in the H-1B lottery.

This doesn’t mean you should give up though. There may be other ways to work legally in the United States.

For help on getting an H-1B and tips on other ways to get work authorization, reach out to a trusted immigration lawyer.