National Visa Center Does Not Want Your Originals!

It has been a big pain to ask clients to send their original documents via mail from overseas for submission to the National Visa Center (NVC). It’s painful because clients are afraid that their documents can be lost in the mail, in their own country, or in the US Attorney’s office, which has to exercise care so that original documents are not lost. Finally, sometimes originals are not returned to clients after the interview by the consular officer interviewing them in the foreign country. For elderly clients who have submitted original documents from countries where they no longer reside, and these documents are over 50 years old, submitting originals to NVC poses a real issue.

Finally, NVC has woken up to the reality of paper, original document preservation and handling, and the burden that it imposes on all concerned. Since the consular officer can examine the originals brought in by the applicant, there seems no reason for original documents to be sent to NVC in the US, only to have them turned around and sent back to where they came from!

Thank you Department of State for finally waking up to reality!

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Will You Get Your Green Card Soon?

Obama issues executive orders for Entrepreneurs H1Bs, H-4s, L1Bs, and O-1 visa holders. Read the memo issued by USCIS on Obamas initiatives on visa-based employees below.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Midterm Elections Issue: Immigration

Midterm elections are next week; the hot-ticket issue this time around is immigration reform, which has proved to be a very explosive issue for both political parties. President Obama has decided that he will take immigration reform head-on only after midterm elections are over.

The political pundits say the Republicans are slated to win both House and Senate.  Either way, immigration reform will happen whether Republicans or Democrats retain the Senate or House.

If the Republicans win the Senate, then they have to do something to woo the immigrant vote, which is 10% Latino. South Asians and Southeast Asians have also increased their voting numbers. Both these populations want immigration reform to happen because they all have family or friends who may benefit. American business needs tech workers in both healthcare and business. If the Democrats win, Obama will preserve the immigrant vote by executing immigration reform by Executive Order, increasing the number of H1B visas and giving H4 visa holders employment authorization like he did for ‘dreamers.’

Under Republican leadership, the US could increase border security with a virtual wall, and create more visas for H2B and H1B because of the demand and because it is cheaper to monitor the visa issue rather than spend billions on border security, which is found to be full of holes (pun unintended!).

Immigration reform is on its way!

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Obamacare Works for Green Card Holder

A client for whom we applied and received US legal permanent residency, just received health insurance under the Affordable Care Act (ACA), or Obamacare.

Client was found by the federal and state government to be ineligible to receive health insurance benefits. This prerequisite made the client eligible for health insurance.

Make an appointment at www.mlolaw.us

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

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I Lost My Indian Passport — Help!

Recently, I have been getting referrals from clients about losing their passport from India. Now, losing an Indian passport is a greater deal than losing your US Passport, because there is an established procedure for recovery and reissue of a US Passport.

But recovery and reissue of an Indian Passport is another matter.

The fear of clients who contact me is that they will be turned into either ICE or USCIS because they are out of service. The good news is that there is now a procedure to reapply for a lost passport. However, it is complex.

In my experience, there is a better procedure if your application is filed as a walk-in rather than mailing in the application.

The next complexity is added because the Indian consulate does not update their website often. The result is that the information on the website is often unreliable or out of date. If my client is traveling from outside the consulate area, then I suggest planning the trip in advance to allow for contingencies, such as insufficient paperwork.

Contact us for further information.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

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TN and L Visa Holders Enter at Select Ports of Entry to US from Canada

Beginning in mid-September, US Customs and Border Protection (CBP) is streamlining the entry process for first-time Canadian TN and L applicants seeking entry into the US under NAFTA. CBP has designated ports of entry that will ensure a more efficient approach to processing the high volume of TN and L applicants.

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the US to engage in business activities at a professional level. The L-1 nonimmigrant classification — Intracompany Transferee Executive or Manager — enables a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the US. This classification also enables a foreign company that does not yet have an affiliated US office to send an executive or manager to the US with the purpose of establishing one.

While there is no requirement to go to these designated ports of entry, first-time applicants are encouraged to enter through these ports for ‘optimized processing’ at 14 ports, including 4 pre-clearance centers.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

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Secretary Johnson Announces Process for DACA Renewal

In early June, Secretary of Homeland Security Jeh Johnson released the procedure for individuals to renew their enrollment in the Deferred Action for Childhood Arrivals (DACA) program. The Federal Register now has the updated form that individuals, who were already enrolled in DACA, can use to extend their deferral for two years. USCIS has already begun taking forms for renewal. USCIS is also taking forms from those who were not previously enrolled in DACA. Over 560,000 individuals have enrolled in DACA since April 2014.

The DACA approvals for those who were already enrolled will start expiring in September 2014. To prevent deferral and an interruption in employment authorization, individuals must re-enroll for the program before their approvals expire—according to USCIS, individuals should re-enroll at least 120 days, or four months, before their deferred action lapses.

DACA defers removal action for certain individuals, and allows them to stay in the US and acquire employment authorization for two years. Individuals who were not previously enrolled in DACA, but meet DACA’s guidelines, may still apply for deferral. Only those who have steadily lived in the US since June 15, 2007 are qualified for DACA.

Individuals can re-enroll in DACA if they meet these guidelines:

  • Did not depart the US on or after Aug. 15, 2012, without advance parole;
  • Have continuously resided in the US since they submitted their most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

You may renew your enrollment in DACA by filling out the new Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. Form I-765 has a filing and biometrics fee of $465. USCIS will also run a background check on DACA renewals.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

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Medical Exams for Immigration Applicants Are Valid for 1 Year

USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS has limited the validity period for all Forms I-693 to one year from the date that USCIS receives the form. This updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

USCIS states that if you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

To ensure that your medical examination is still valid at the time that USCIS adjudicates your application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a RFE, or attend an interview (if applicable).

The Takeaway

Clients may have their applications for adjustment of status pending for many years. During this time, it may be necessary to obtain a renewed medical exam when more than one year has passed. We are now seeing an uptick in RFEs for adjustment applications, especially for employment-based applications that have been pending for more than one year.

At a liaison meeting with USCIS in St. Louis, we were assured that USCIS requires a new I-693 to be submitted only when there is movement in the case and the case is close to being adjudicated. If you have additional questions on how to submit Form I-693, or on how to ensure that your application is valid, please contact Mahadevan Law Office, LLC for a consultation.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Massachusetts’ Immigrant Program for Students

Massachusetts has created a loophole program, called Global Entrepreneur in Residence (GER), to permit foreign students to stay legally in the US.

Foreign students who attended college in Massachusetts and who want to pursue entrepreneurial activities in the state can apply to the GER Program, which is being run by the Massachusetts Tech Collaborative, an independent state agency designed to promote the advancement of technology in the state. Chosen individuals will be given a job at a participating universities in Massachusetts—the students will work part-time and will submit visa applications sponsored by the university. The program is expected to grow 46,000 jobs for students.

US immigration law dictates that foreign students can study at US colleges and universities under a student visa—after they graduate, their visas expire and they have to find a US employer to sponsor them for an H-1B visa. The H-1B visa system inherently poses a disadvantage for entrepreneurs, the system only allows for a once-per-year application process—in the form of a lottery—and the slots fill up quickly. On April 7, 2014, USCIS reported that it had secured its quota of 85,000 H-1B visa petitions only five days after it began receiving applications.

This is why the GER Program’s loophole is important: colleges and universities are immune to the cap and can submit applications for employers at any time. This means foreign graduates have a higher chance of obtaining a visa through the GER Program, and through employment with higher-education institutions, because these institutions are exempt from the cap.

The House bill proposed to devise a new category of startup visas for foreign entrepreneurs, while also raising the amount of H-1B visas accessible to immigrants with advanced degrees. While the Massachusetts program is yet to be funded, this is a great start for foreign graduates whom the US needs to retain!

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

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Employer Defense In a Complaint of Documentary Abuse

The Office of the Chief Administrative Hearing Officer (OCAHO) has direct purview over three types of cases stemming from the Immigration and Nationality Act (INA). In this case—Salim Hajiani vs. ESHA USA, Inc. and Sameer Ramjee—Hajiani, the complainant, alleged that the respondent engaged in two of the three areas of jurisdiction over which OCAHO resides: immigration-related unfair employment practices and immigration-related fraud, which are both in violation of the INA.

Hajiani registered a complaint against ESHA USA and Ramjee, accusing the respondents of document abuse, firing Hajiani due to his citizenship status, and taking revenge on him because of a religious discrimination complaint he filed against a former employer. Salim Hajiani is a lawful permanent resident of the US.

Hajiani was hired on October 10, 2011 at Sameer Ramjee’s gas station and convenience store, ESHA, which is in Philadelphia, Tennessee. Hajiani worked at the store until January 10, 2012, when he was fired. On June 26, 2012, he filed a complaint with OSC, to which OSC responded that the complaint didn’t fall under their jurisdiction. Hajiani then filed a charge with OCAHO in February 8, 2013.

Hajiani’s complaint against his employer was a detailed litany of purported incidents of document abuse and job complaints, such as long hours, no overtime pay, and double shifts. He also specified that one of the reasons he was fired was because Ramjee preferred to employ undocumented workers so that he wouldn’t have to pay them overtime or give them benefits.

Hajiani made various allegations against other employees that were not under the scope of OCAHO’s jurisdiction—complaints of undocumented workers also do not fall under the Immigration Reform and Control Act (IRCA). Such instances include cash register shortages, sexual harassment, allegations of tax fraud, selling tobacco to minors, and that he wasn’t hired for store’s first shift because only US citizens were allowed to work that shift. Hajiani also noted in his complaint that his claim was filed timely.

However, his claim of document abuse was not filed in a timely manner. Hajiani alleged that the document abuse occurred in October 2011, but didn’t file the charge with OSC until June 26, 2012. The IRCA strictly says, “no complaint may be filed respecting any unfair immigration-related practice occurring more than 180 days prior ot the filing of a charge with OSC.” Hajiani’s complaint would only have been valid for events after December 29, 2011.

None of Hajiani’s claims—his filed complaint of religious discrimination with the US Equal Employment Opportunity Committee (EEOC), nor his complaints about the terms and conditions of his job—come under the purview of OCAHO, or are protected by IRCA. OCAHO only covers hiring, recruitment, and discharge.

Moreover, Hajiani never submitted evidence that any discrimination occurred. If Sameer Ramjee had been prejudiced against Hajiani, then Ramjee would never have employed Hajiani. Hajiani provided too many explanations of why he was fired, allowing OCAHO to conclude that Hajiani did not divulge his own behaviors that caused Ramjee to fire him.

OCAHO dismissed Hajiani’s complaint against his employer.

See you in my next blog.
Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.Copyright 2014. All rights reserved.

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