Posted on August 07,2024 in Immigration

Spouses of H-1B visa holders, along with their employers, have reason to celebrate following a United States Court of Appeals for a D.C. Circuit ruling on an issue sent to the court last April. The decision was announced on August 2nd, affirming a district court’s grant of summary judgment in Save Jobs USA v. DHS. Save Jobs USA is an organization made up of IT workers who say H-1B workers and their spouses took jobs that should be filled by qualified American citizens. Save Jobs has consistently opposed allowing H-1B spouses to work in the U.S.   

Despite Save Jobs' continuing opposition, the new ruling allows spouses of workers here on an H-1B visa to work while waiting for their own employment-based authorization.  Additionally, the new decision is potentially significant for the continuance of Optional Practical Training for international students.

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 Posted on August 04,2024 in Immigration

In an unexpected turn, the H-1B Visa lottery that closed on June 30th failed to receive enough applicants, so a second lottery has been announced to meet the cap numerical allocation for Fiscal Year 2025. Applicants who were not selected in the initial H-1B Visa lottery held in March 2024 will have another chance during this second round of selections. While immigration is often a subject full of more questions than answers, this is an outstanding opportunity for those who qualify.   

The caveat in this second round is that there will likely be no selections for the advanced degree exemption, as the first round yielded enough registrations and petitions to meet the cap numerical allocation.  USCIS takes 85,000 H-1B Visa applications each year – which equals 0.05 percent of the U.S. labor force. Of those, 25,000 are advanced degree holders, and the remainder are BA or BS holders.

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 Posted on July 31,2024 in Firm News

In a significant development for Texas immigration policy, the implementation of Senate Bill 4 (SB4) has been temporarily blocked by the United States Supreme Court. However, an administrative stay issued by Justice Samuel Alito has put the brakes on what many consider to be one of the most stringent state-level immigration laws in recent history. A Texas lawyer can help you to determine how and if this could affect you.

What is SB4?

SB4, signed into law by Governor Greg Abbott in December, represents a bold attempt by Texas to assert control over immigration enforcement within its borders. The law would grant Texas peace officers the authority to arrest and deport individuals suspected of crossing the border illegally. This marks a significant departure from current practice, where immigration enforcement is primarily the domain of federal authorities. Important provisions of SB4 include:

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 Posted on July 17,2024 in Immigration

The United States Citizenship and Immigration Services (USCIS) has recently implemented significant changes to its fee structure, causing ripples throughout the immigration system. These alterations have introduced new complexities and potential pitfalls for applicants. Understanding these changes is important for anyone navigating the immigration process. If you are trying to immigrate to the United States or dealing with any immigration-related issues for yourself or a loved one, our Texas immigration lawyer can help you.

The New Fee Structure Leads to Complications

USCIS has restructured its fee system, breaking up applications for green cards into different fee groups. This fragmentation has created confusion about which applications are necessary for specific situations. The consequences of applying for the wrong category can be severe, potentially delaying applications and even causing immigrants to fall out of status. Important changes to keep in mind include:

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 Posted on July 08,2024 in Immigration

Immigration has become an important political issue. In 2005, there were only about five percentage points difference in how Republicans and Democrats viewed immigration. Since then, that gap has widened significantly—in 2019, views on immigration between the two parties were 47 percent apart. Today, the issue of immigration takes the top spot with a majority of American voters. In April 2024 a Wall Street Journal poll found that immigration had edged out the economy and is now the most important issue for voters. Changing immigration policies from both parties has taken a toll on those trying to make the United States their home. The issue is crucial for the 11.4 million people who live and work in America but lack paperwork.

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 Posted on June 29,2024 in Immigration

DHS (Department of Homeland Security) recently announced actions designed to support unity in families with a noncitizen spouse, child, or stepchild.  How Congress will address immigration issues remains to be seen, but this new development from the administration establishes a case-by-case procedure to keep families together. Currently, non-citizens who are married to U.S. citizens may make an application for lawful permanent residence. Unfortunately, these laws also require non-citizens to leave the U.S., waiting for months or years to be processed.

The current procedure often results in prolonged separations from family members. In turn, fear and uncertainty exist for non-citizens forced to leave their loved ones, unsure of when—or if—they will be reunited. The new immigration procedures are meant to keep family separations to a minimum. Those who are eligible to take advantage of the "parole-in-place" initiative should not hesitate to speak to an experienced immigration attorney. This step is crucial to empower you with the right information while providing you with an empathetic, knowledgeable attorney who will advocate on your behalf.   

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 Posted on May 29,2024 in Immigration

The Deferred Action for Childhood Arrivals (DACA) program has been a lifeline for many young immigrants in Texas since its inception in 2012. This program offers temporary protection from deportation and work authorization to eligible individuals who came to the United States as children. A Texas lawyer can help you understand the crucial aspects of DACA that every applicant and their family should understand.

Eligibility Requirements

To qualify for DACA in Texas, applicants must meet several key criteria. First, they must have entered the U.S. before their 16th birthday and have resided there since June 15, 2007. Applicants must also be under the age of 31 as of June 15, 2012, and have no lawful status on that date.

Education is a crucial aspect of DACA eligibility. To qualify, applicants must attend school, have graduated, received a GED, or be honorably discharged Coast Guard or Armed Forces veterans. Individuals must not have a felony conviction, a significant misdemeanor, or three or more other misdemeanors, and they must not pose a threat to national security or public safety.

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 Posted on May 14,2024 in Immigration

Waiver of Inadmissibility can be a challenging legal concept that often raises questions and concerns for individuals and families navigating the U.S. immigration system. For those facing challenges related to inadmissibility, understanding what a waiver entails and how it can provide a solution is crucial. A Texas lawyer can offer insights into the legal grounds of inadmissibility, eligibility requirements for a waiver, and the importance of seeking experienced legal representation when pursuing this form of relief.

What You Should Know About a Waiver of Inadmissibility

Inadmissibility refers to the legal grounds outlined in the Immigration and Nationality Act (INA) that prevent a foreign national from being admitted to the U.S. or obtaining a green card. These grounds include issues such as criminal convictions, health concerns, immigration violations, and more. When an individual is deemed inadmissible, they may be denied entry or face deportation.

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 Posted on April 26,2024 in Immigration

Facing an immigration court date can be an anxiety-inducing experience for many individuals. However, proper preparation is crucial and can significantly impact the outcome of the case. A Texas lawyer can provide you with valuable tips to help you navigate the immigration court process.

Know Your Rights and Responsibilities

Before your court date, familiarize yourself with your rights and responsibilities as an immigrant in Texas. Understand the specific laws and regulations that govern your case and be aware of the potential consequences of your actions. Knowledge is power, and understanding the legal aspects can help you make informed decisions.

Gather and Organize Your Documents

Immigration courts rely heavily on documentation to support your case. Gather all relevant documents, such as birth certificates, marriage certificates, employment records, and any other evidence that supports your eligibility for immigration relief. Organize these documents in a logical and easily accessible manner, making it easier for you and your attorney to present them during the hearing.

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 Posted on April 15,2024 in Immigration

Dealing with a visa denial can be a challenging and emotionally taxing experience for anyone hoping to enter the United States. However, it is important to recognize that denial does not necessarily mean the end of your journey. A Texas lawyer can help you explore various legal options to potentially overcome a visa denial.

Make Sure You Understand the Reason(s) for Denial

The initial step to address a visa denial is comprehending the rationale behind it. The U.S. Citizenship and Immigration Services (USCIS) issues a written explanation for the denial, aiding you and your lawyer in deciding the next steps. Visa denials commonly stem from inadequate documentation, not fulfilling eligibility criteria or doubts regarding the applicant’s intention to return to their home country.

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