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Why Choose Alena Shautsova Law Offices – Leading Immigration Law Firm in Brooklyn

December 21, 2024

When you’re navigating the complex world of immigration law, you need a trusted partner to guide you through the process. You’re looking for a law firm that understands your unique situation and can provide personalized support. At Alena Shautsova Law Offices, you’ll find a team dedicated to helping you achieve your immigration goals. Your journey to a new life starts here, and we’re excited to help you take the first step.

Expertise

While searching for the right immigration law firm to handle your case, you want to make sure that you’re in good hands. At Alena Shautsova Law Offices, you can trust that your immigration needs are being taken care of by a team of experts who have years of experience and a deep understanding of the complexities of immigration law. You deserve the best possible outcome for your case, and that’s exactly what you’ll get when you choose to work with us.

When you’re navigating the often-confusing world of immigration law, you need a team that can guide you every step of the way. You need a team that can answer your questions, address your concerns, and provide you with the personalized attention you deserve. That’s exactly what you’ll find at Alena Shautsova Law Offices, where your needs are always the top priority.

Immigration Law Specialization

To find the right immigration law firm, you need to look for a team that specializes in immigration law and has a proven track record of success. At Alena Shautsova Law Offices, you’ll find a team of experts who are dedicated to helping you achieve your immigration goals. You can trust that your case is being handled by a team that knows the ins and outs of immigration law and can provide you with the expert guidance you need.

Typically, you’ll want to choose a law firm that has experience handling cases similar to yours. At Alena Shautsova Law Offices, you’ll find a team that has helped countless individuals and families navigate the immigration process and achieve their goals. You can trust that you’re in good hands when you choose to work with us.

Years of Experience

After looking at the various options available to you, you’ll want to choose a law firm that has the experience and expertise you need to achieve your immigration goals. At Alena Shautsova Law Offices, you’ll find a team that has years of experience handling immigration cases and a deep understanding of the complexities of immigration law. You can trust that your case is being handled by a team that knows what it takes to achieve success.

Above all, you want to choose a law firm that has a proven track record of success and can provide you with the expert guidance you need. At Alena Shautsova Law Offices, you’ll find a team that is dedicated to helping you achieve your immigration goals and has the experience and expertise to make it happen. Also, as you’re evaluating your options and considering which law firm to choose, it’s worth noting that the team at Alena Shautsova Law Offices is committed to providing you with the personalized attention and expert guidance you need to achieve your immigration goals. You can trust that your case is being handled by a team that cares about your success and is dedicated to helping you every step of the way.

Services

It is vital to choose an immigration law firm that offers a wide range of services to cater to your specific needs. At Alena Shautsova Law Offices, you can expect top-notch assistance with various immigration-related matters. The firm’s team of experts is dedicated to providing personalized attention to each client, ensuring that you receive the best possible outcome for your case. Whether you are looking to navigate the complex immigration process or need help with a specific issue, you can trust that Alena Shautsova Law Offices has the expertise and knowledge to guide you through it.

It is also worth noting that the firm’s services are designed to be comprehensive and inclusive, covering everything from initial consultations to final hearings. You will have access to a team of skilled professionals who are well-versed in immigration law and are committed to helping you achieve your goals. With Alena Shautsova Law Offices, you can feel confident that you are in good hands, and that your case will be handled with the care and attention it deserves.

Visa Applications

Visiting the United States can be a daunting experience, especially when it comes to navigating the complex visa application process. You may be wondering what type of visa is right for you, or how to ensure that your application is approved. At Alena Shautsova Law Offices, you can get help with various types of visa applications, including work visas, student visas, and family visas. The firm’s team of experts will guide you through the process, helping you to gather the necessary documents and prepare for your application.

Visa applications can be time-consuming and overwhelming, but with the help of Alena Shautsova Law Offices, you can feel more confident and prepared. You will have access to a team of skilled professionals who are familiar with the latest immigration laws and regulations, and who can help you to avoid common mistakes that might delay your application. By choosing Alena Shautsova Law Offices, you can ensure that your visa application is handled efficiently and effectively, and that you have the best possible chance of a successful outcome.

Green Card Processing

Any individual who wishes to live and work in the United States permanently will need to apply for a green card. You may be eligible for a green card through family ties, employment, or other channels, and the team at Alena Shautsova Law Offices can help you to determine the best course of action for your specific situation. The firm’s experts will guide you through the green card processing procedure, ensuring that you understand each step of the way and that your application is complete and accurate.

Any questions or concerns you may have about the green card processing procedure will be addressed by the team at Alena Shautsova Law Offices. You will have access to a dedicated and experienced team of professionals who are committed to helping you achieve your goal of becoming a permanent resident of the United States. With their help, you can navigate the complex green card application process with confidence and ease.

But what really sets Alena Shautsova Law Offices apart is their ability to handle even the most complex green card cases. You may have been denied a green card in the past, or you may be facing other challenges that are making it difficult for you to navigate the application process. Whatever your situation, the team at Alena Shautsova Law Offices is here to help, and they will work tirelessly to ensure that your green card application is successful. With their expertise and guidance, you can achieve your dream of living and working in the United States permanently.

Benefits

Some of the key advantages of choosing Alena Shautsova Law Offices for your immigration needs include a high level of expertise, a proven track record of success, and a commitment to providing personalized support. When you work with Alena Shautsova Law Offices, you can expect to receive tailored guidance and representation that is designed to meet your unique needs and goals. This approach helps to ensure that you have the best possible chance of achieving a successful outcome, whether you are seeking to immigrate to the United States, navigate the complex process of obtaining a visa, or resolve an immigration-related issue.

By choosing Alena Shautsova Law Offices, you can benefit from the firm’s extensive experience and knowledge of immigration law, as well as its reputation for providing exceptional client service. You will have access to a team of dedicated professionals who are passionate about helping individuals and families achieve their immigration goals, and who are committed to providing the highest level of support and guidance throughout the process. This means that you can trust that your case is in good hands, and that you will receive the personalized attention and care that you need to succeed.

Personalized Approach

Across the entire process, you will experience a personalized approach that is tailored to your specific needs and circumstances. You will have direct access to your attorney, who will work closely with you to understand your goals and develop a strategy that is designed to achieve them. This approach helps to ensure that you feel supported and informed throughout the process, and that you have the confidence and peace of mind that comes from knowing that your case is being handled by a experienced and knowledgeable professional.

Alongside the personalized approach, you will also benefit from the firm’s use of cutting-edge technology and innovative solutions to streamline the immigration process and improve communication. You will be able to track the progress of your case online, and will receive regular updates and notifications to keep you informed about the status of your application. This means that you can stay up-to-date and in control, and that you can trust that your case is being handled efficiently and effectively.

Multilingual Support

Below the surface of the firm’s success lies a deep commitment to providing multilingual support to clients from diverse backgrounds. You will have access to a team of professionals who speak multiple languages, including Spanish, Russian, and many others. This means that you can communicate easily and effectively with your attorney, and that you will not have to worry about language barriers getting in the way of your ability to understand and navigate the immigration process.

Beneath the firm’s multilingual support lies a genuine passion for helping individuals and families from all over the world. You will experience a warm and welcoming approach that is designed to make you feel at ease, and that is tailored to meet the unique needs and concerns of international clients. This means that you can trust that you will be treated with respect and dignity, and that you will receive the high-level support and guidance that you need to succeed.

Consequently, the multilingual support offered by Alena Shautsova Law Offices is an necessary part of what sets the firm apart from other immigration law firms. You will be able to communicate freely and openly with your attorney, without worrying about language barriers or cultural differences. This means that you can focus on achieving your immigration goals, and that you can trust that your case is being handled by a team of professionals who are dedicated to helping you succeed. With Alena Shautsova Law Offices, you can have confidence that you are in good hands, and that your immigration needs will be met with care, compassion, and expertise.

Testimonials

For your peace of mind, it’s imperative to know that you’re in good hands when choosing an immigration law firm. At Alena Shautsova Law Offices, you can trust that your case will be handled with care and professionalism. Our team is dedicated to providing you with the best possible service, and we’re proud to share what our satisfied clients have to say about us.

As you consider our firm for your immigration needs, you want to know that you’re making the right choice. Our testimonials speak for themselves, and we’re confident that you’ll find our services to be top-notch. Whether you’re looking for guidance on a specific immigration issue or need help navigating the complex process, you can trust that our team is here to support you every step of the way.

Client Reviews

The feedback from our clients is invaluable to us, and we’re thrilled to share it with you. You’ll find that our clients appreciate our personalized approach, our attention to detail, and our commitment to achieving the best possible outcomes for their cases. As you read through our client reviews, you’ll get a sense of what it’s like to work with our team and how we can help you achieve your immigration goals.

The satisfaction of our clients is our top priority, and we’re proud to say that we’ve built a reputation for excellence in the field of immigration law. You can trust that your case will be handled with the same level of care and dedication that we provide to all our clients, and that we’ll work tirelessly to ensure that you achieve the best possible results.

Success Stories

With a proven track record of success, you can trust that our team has the expertise and experience to handle even the most complex immigration cases. You’ll find that our success stories are a testament to our commitment to our clients and our dedication to achieving the best possible outcomes. As you consider our firm for your immigration needs, you can trust that we’ll work tirelessly to ensure that you achieve your goals.

With years of experience in the field of immigration law, our team has developed a deep understanding of the complexities and nuances of the immigration process. You can trust that we’ll use this expertise to guide you through the process and ensure that your case is handled with the care and attention it deserves.

Due to our firm’s commitment to excellence and client satisfaction, you can trust that your immigration case will be in good hands with us. You’ll find that our success stories are a testament to our dedication to our clients and our passion for achieving the best possible outcomes, and we’re confident that we can help you achieve your immigration goals, whether you’re looking to navigate the complex process of obtaining a visa, getting a green card, or becoming a U.S. citizen.

Location

Unlike other law firms that may be located in hard-to-reach areas, our offices are conveniently situated in the heart of Brooklyn, making it easy for you to access our services. When you choose Alena Shautsova Law Offices, you can expect a hassle-free experience from the moment you step into our office. Our location allows you to easily commute to our office, and you can be sure that you will receive the best possible guidance and support throughout your immigration journey.

You will appreciate the fact that our office is nestled in a vibrant and diverse community, reflecting the very same values that our law firm upholds. As you walk into our office, you will be greeted by our friendly and approachable staff, who are dedicated to making you feel at ease and supported throughout the entire process. Our location is just one of the many reasons why you should choose Alena Shautsova Law Offices as your trusted immigration law firm in Brooklyn.

Brooklyn Office

Apart from the excellent services we provide, our Brooklyn office is a comfortable and welcoming space where you can discuss your immigration needs with our experienced attorneys. As you sit down with us, you will feel confident that your case is in good hands, and that we will work tirelessly to ensure the best possible outcome for you. Our Brooklyn office is designed to provide a soothing atmosphere, allowing you to feel relaxed and focused on your immigration goals.

Along with our team of skilled immigration lawyers, our Brooklyn office is equipped with the latest technology and resources to ensure that your case is handled efficiently and effectively. As you navigate the complex world of immigration law, you can trust that our Brooklyn office is your one-stop-shop for all your immigration needs, providing you with personalized attention and expert guidance every step of the way.

Accessibility

Opening the doors to our office, you will find that we are committed to making our services accessible to everyone, regardless of their background or circumstances. On the day of your appointment, you can expect a warm welcome from our staff, who will guide you through the entire process and answer any questions you may have. Our office is designed to be accessible to all, with amenities and services in place to ensure that you feel comfortable and supported throughout your visit.

But what really sets us apart is our dedication to making our services accessible to those who need them most. As you consider choosing Alena Shautsova Law Offices, you can be sure that we will go the extra mile to ensure that you have access to the best possible immigration services, tailored to your unique needs and circumstances. Whether you are applying for a visa, seeking permanent residency, or navigating any other aspect of immigration law, you can trust that our team is here to support you every step of the way.

Team

Keep in mind that when it comes to navigating the complex world of immigration law, you want to work with a team that is not only knowledgeable but also passionate about helping you achieve your goals. At Alena Shautsova Law Offices, you will find a dedicated team of professionals who are committed to providing you with the best possible service. With years of experience in handling various immigration cases, you can trust that your case will be handled with care and expertise.

As you get to know the team at Alena Shautsova Law Offices, you will discover that they are not only experts in their field but also genuinely care about your well-being and success. They understand that immigration law can be overwhelming, and that’s why they are dedicated to guiding you through every step of the process. From initial consultations to final resolutions, you can expect personalized attention and support from the team.

Alena Shautsova Biography

After taking the time to learn about the team, you will likely want to know more about the founder, Alena Shautsova. As a seasoned immigration lawyer, Alena has spent years building a reputation for being one of the most trusted and respected immigration lawyers in Brooklyn. With a deep understanding of the complexities of immigration law, Alena has helped countless individuals and families achieve their dreams of living and working in the United States.

Aside from her impressive credentials, Alena is also known for her compassionate and personal approach to law. She takes the time to listen to your story, understand your concerns, and develop a personalized strategy to achieve your goals. Whether you are seeking a visa, green card, or citizenship, Alena and her team are dedicated to helping you every step of the way. You can trust that you are in good hands with Alena Shautsova and her team.

Staff Profiles

On the staff page of Alena Shautsova Law Offices’ website, you will find a talented team of professionals who are passionate about immigration law. From attorneys to support staff, each member of the team is dedicated to providing you with exceptional service and support. You can learn more about each team member, including their background, experience, and areas of expertise, to get a sense of who will be working on your case.

One of the things that sets the team at Alena Shautsova Law Offices apart is their commitment to staying up-to-date on the latest developments in immigration law. You can be confident that your case will be handled by professionals who are knowledgeable about the latest regulations and policies, and who will use this knowledge to your advantage.

This attention to detail and commitment to excellence is evident in the staff profiles, where you can see the qualifications, experience, and achievements of each team member. You will notice that the staff at Alena Shautsova Law Offices are not only skilled professionals but also caring and dedicated individuals who are passionate about helping you achieve your immigration goals. As you browse through the staff profiles, you will get a sense of the team’s expertise and dedication, and you can feel confident that you are in good hands with Alena Shautsova Law Offices. Whether you have questions about the immigration process or need guidance on a specific issue, the team is always available to help, and you can trust that they will provide you with the best possible advice and support.

Final Words

Considering all points, you are now well aware of the numerous benefits of choosing Alena Shautsova Law Offices as your trusted partner for all your immigration needs. You can trust that your case will be handled with utmost care and professionalism, and that you will receive personalized attention and guidance throughout the entire process. With years of experience and a proven track record of success, you can be confident that your immigration goals are within reach. Whether you are seeking to live, work, or study in the United States, Alena Shautsova Law Offices has the expertise and knowledge to help you navigate the complex immigration system and achieve your dreams.

As you move forward with your immigration journey, you can trust that Alena Shautsova Law Offices will be by your side every step of the way. You will receive clear and concise communication, and your questions and concerns will be addressed promptly. Your satisfaction and success are the top priority, and the team at Alena Shautsova Law Offices is dedicated to providing you with the highest level of service and support. By choosing Alena Shautsova Law Offices, you are taking the first step towards a brighter future, and you can be confident that your immigration needs are in good hands. You deserve the best, and with Alena Shautsova Law Offices, that’s exactly what you will get.

O Visa Consultation Letters

September 19, 2018

O Visa Consultation Letters

Author: US Visa Attorney Alena Shautsova

To receive an O visa in the US, a petition by a potential employer has to be approved.   O-1 and O-2 nonimmigrant visas are available to individuals with extraordinary ability in science, education, business, athletics, or the arts, and individuals with extraordinary achievement in the motion picture or television industry, and certain essential support personnel. A consultation letter from a U.S. peer group, labor organization, and/or management organization is generally required for petitions in the O visa classification. As a part of the approval process, the employer has to reach out to the designated union/organization and request an opinion: if this union agrees that the subject of the petition is deserving to work in the US in a particular field. Not all the fields, by the way, have such unions.  For example,   the American Federation of Musicians (AFM), issues consultation letters for artists and groups in which instrumentalists make up least 50% of the personnel. Other unions issue consultation letters for artists such as dancers, actors, stage managers, stage technicians, operatic singers, and writers.

In the past, it was the petitioner’s job to reach out to the union and collect the letter/recommendation which could have been positive or “no objections” or negative. 

Recently, due to the fraud concerns, USCIS determined that negative consultation opinions must be sent by the unions to USCIS directly. It is an important change in the process of obtaining an O visa.  This new procedure affects only negative letters, not the positive consultations. 

 

EXTENSIONS OF NON-IMMIGRANT PETITIONS WILL BE REVIEWED AS NEW SUBMISSIONS

October 25, 2017

EXTENSIONS OF NON-IMMIGRANT PETITIONS WILL BE REVIEWED AS NEW SUBMISSIONS

Author: Work Visa Immigration Attorney Alena Shautsova

USCIS has recently announced that it will no longer rely on previous approvals when deciding petitions for extensions of certain non-immigrant work visas.

This new policy will affect L1 petitions the most.

The changes

If previously, when the same company would file for an extension of the L1 petition for the same employee, USCIS would generally rely on the first approved petition to determine the validity and sufficiency of the extension request, now, USCIS will consider each request for an extension as a new petition.

Specifically, the new policy states:

“In adjudicating petitions for immigration benefits, including nonimmigrant petition extensions, adjudicators must, in all cases, thoroughly review the petition and supporting evidence to determine eligibility for the benefit sought. The burden of proof in establishing eligibility is, at all times, on the petitioner. The fundamental issue with the April 23, 2004 memorandum is that it appeared to place the burden on USCIS to obtain and review a separate record of proceeding to assess whether the underlying facts in the current proceeding have, in fact, remained the same. Not only did this improperly shift the burden of proof to the agency contrary to INA § 291, but it was also impractical and costly to properly implement, especially when adjudicating premium processing requests.”

It means that a requestor for an extension will have to resubmit all documents that were necessary to qualify the beneficiary initially, plus more documents establishing qualifications for an extension. Such documents may be, but are not limited to: records of payroll, copies of tax returns, bank account statements, contracts, etc. (The large companies have different requirements).

 

No Premium Processing for H1B This Year

March 4, 2017

No Premium Processing for H1B This Year

Author: Employment Immigration Attorneygreen-card

USCIS has just announced that this 2017 year will go without premium processing for all H1B filings.  The suspension will start on April 3, 2017 (the first day when cap H1B petitions will be accepted for FY2018 ) and will last for at least 6 months according to USCIS.

It is important to know this, because many, when submit their H1B petitions provide only one, combined check for H1B petition and premium processing. USCIS announced that in such cases it will reject the entire filing for the incorrect fee. It means that a person may loose his/her change for the H1B completely if the petition is rejected (including for the reason of an incorrect fee).

Those who submit their petition before April 3, 2017, will be able to still take advantage of the premium processing.

However, in extraordinary circumstances, petitioners may ask to expedite the processing of the H1B petitions. For example, USCIS may grant a request to expedite in case regular processing may cause:

  • Severe financial loss to company or ​person​;​
  • Emergency situation;​
  • Humanitarian reasons;​
  • Nonprofit organization whose request is in furtherance of the cultural and social interests of the United States​;​
  • Department of Defense or ​n​ational ​i​nterest ​s​ituation (These particular expedite requests must come from an official U.S. government entity and state that delay will be detrimental to the government.);​
  • USCIS error; or​
  • Compelling interest of USCIS.​

It means that requests to expedite will be considered on case by case basis only for H1B petitions this year, and significant amount of work will be needed  to prove the meeting of the enumerated criteria (opposed to paying additional fee for premium processing).

USCIS says that the change in premium processing will actually help to process long pending petitions and improve the consideration of the petitions all together.  Perhaps, it is a better solution than redundant, unfounded RFEs that were issued in the past to slow down the premium processing requests. At least, one would not lose their paid fees this way.  At the same time, lack of premium processing may negatively affect those waiting to change their status or those who have other “legal” issues that require fast answer on petitions.

Those who are considering changing employers, or filing cap exempt H1B petitioners and are counting on premium processing, should file their documents before April 3, 2017.  Rules regarding expedited requests can be found here: https://www.uscis.gov/forms/expedite-criteria.

New Standard for National Interest Waiver (NIW green card)

January 5, 2017

New Standard for National Interest Waiver (NIW green card)

Author: Employment Immigration Attorney Alena Shautsova

National interest waiver is an immigration tool that allows certain qualified individuals to sponsor themselves for a US green card without the need for an employer sponsorship and without labor certification. Subparagraph (A) of section 203(b)(2) of the Act makes immigrant visas available to “qualified immigrants who are members of the professions holding advanced degrees or their equivalent or who because of their exceptional ability in the sciences, arts, or business, will substantially benefit prospectively the national economy, cultural or educational interests, or welfare of the United States.” Under subparagraph (A), immigrant visas are available to such individuals only if their “services in the sciences, arts, professions, or business are sought by an employer in the United States.” Under subparagraph (B) of section 203(b)(2), however, the Secretary of Homeland Security may waive the requirement of a “job offer” (namely, that the beneficiary’s services are sought by a U.S. employer) and, under the applicable regulations, of “a labor certification.” 8 C.F.R. § 204.5(k)(4)(ii).

In short, national interests waiver is just that: it is a confirmation issued by USCIS that an applicant’s  qualifications and proposed work in the US will be in the US’ interests. Over the years, the authorities developed “standards” on how to consider the applications in order to determine if a person meets the requirements. See section 203(b)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1153(b)(2)(B)(i) (2012). Until recently, the leading case  on point was Matter of New York State Dep’t of Transp. (“NYSDOT”), 22 I&N Dec. 215 (Acting Assoc. Comm’r 1998).  The NYSDOT framework looks first to see if a petitioner has shown that the area of employment is of “substantial intrinsic merit.” Id. at 217. Next, a petitioner must establish that any proposed benefit from the individual’s endeavors will be “national in scope.” Id. Finally, the petitioner must demonstrate that the national interest would be adversely affected if a labor certification were required for the foreign national. Id.

Now, however, the standard was changed and became more relaxed, see Matter of Dhanasar, 26 I&N Dec. 884 (AAO 2016).

This precedent decision means that USCIS may grant a national interest waiver if the petitioner demonstrates: (1) that the foreign national’s proposed endeavor has both substantial merit and national importance; (2) that he or she is well positioned to advance the proposed endeavor; and (3) that, on balance, it would be beneficial to the United States to waive the requirement of a job offer and thus of a labor certification.

It the third part of the test that was significantly allowing many to obtain the waiver easier.

A typical applicant for a NIW would be a researcher, professor, or an  engineer. There is a special exception for physicians. (The USCIS has set forth the following seven factors which may be considered in defining national interest: Would one’s  employment (1) improve the U.S. economy, (2) improve the wages and working conditions of U.S. workers, (3) improve education and training programs for U.S. children and under-qualified workers, (4) improve health care, (5) provide more affordable housing for young and/or older poorer U.S. residents, (6) improve the environment and make more productive use of natural resources, or (7) did you come to the U.S. at the request of a U.S. Government agency?).

Trump’s Employment Immigration Plans

November 22, 2016

Trump’s Employment Immigration Plans

Author: Employment Immigration Attorney Alena Shautsova

Today President-elect Trump announced that during his first day of presidency, he is going to implement an executive action affecting Employment Immigration. To wit: Trump announced that his team would be working on tightening Employment Immigration laws to make sure that employment places would be saved for U.S. workers opposed to being given to immigrants.

It seems that somehow, President-elect Trump believes that by making it even harder for U.S. employers to employ foreign workers, U.S. workers will benefit from it and will accept employment spaces that somehow are taken from them.

To begin with, I must state that for a foreign worker to start working in the US on an H1B visa (the most common work visa type), the employer must test the market by posting notes to all interested workers and by posting ads regarding the job.  If, and only if, the employer does not find an eligible U.S. worker, an employer can hire a foreigner. But even prior to that, the U.S. laws impose a cap, a limitation on how many foreign workers can be hired at a given year in the United States.

Here is what is really going on: an employer would start going through the process only if the employer already has in  mind a foreign worker he/she needs to hire. An employer who hires a foreigner must pay him/her required wages that often are higher than the going market wage. In other words, an employer (unlike in the case of a US worker) cannot set a wage below required by the Department of Labor. I am positive that if a US worker were available, a worker that meets all the requirements and experience for the job, an employer would not be jumping through the hoops by trying to go through the process that requires money, time and induces an unwanted stress on all involved. By imposing restrictions on the hiring process, US laws limit US employers’ choices in hiring those who are most suitable for the job, impeding an employer’s ability to develop.

It is a different matter that sometimes the H1b process is not real, and a foreigner is “hired” for a position that does not exist just so that a foreigner may benefit from the US Immigration laws. It is an Immigration fraud, but no foreigner, in this case, takes a job from  a US worker: the job never existed, to begin with.

There are other types of Immigration work visas: TN, O, P, R, and L. They come with various restrictions and are used for those workers who either work in specific occupations or possess outstanding qualifications.

Interestingly, Mr. Trump’s wife allegedly came to the US on a work visa.

I am not sure (as it was not announced) about the specific of the coming changes. I hope that these changes would take into consideration that immigrants, and many of them, contribute to the development of the United States. The employer should have a choice who to hire, finding the best, the most hardworking and talented employees.

 

Immigration Rainbow: Good to Know!

September 5, 2016

Immigration Rainbow: Good to Know! Author: New York Employment Immigration attorney Alena Shautsova

It seems that New York managed to avoid the powerful hurricane Hermine. Quoting a famous singer “after a hurricane comes a rainbow”…  AILA or American Immigration Lawyers Association published a practice pointer that recommends to use…a  rainbow in dealing with USCIS Nebraska Service Center.

To wit, practitioners (a/k/a lawyers) when dealing with employment based RFEs and NOIDs (depending on the subject of the RFEs and NOIDS) should submit their (timely, always timely) responses using color stripes. For example: when one submits a response to an RFE in connection with regular processing of forms I 129 and I 140, they should use a RED stripe. If the processing was expedited, then they should use a BLUE stripe for I 140, and PURPLE for I 129 forms. If one responds to a NOID, then a GREEN stripe must be used. I guess, a usage of a wrong color may really get  one in trouble…

I must state that there is an ongoing problem with RFEs. And it is not just the latest demand of using  “a rainbow” to respond to them. The problem usually lies in that cases get denied for failure to respond to an RFE when a  person or his/her attorney never received one.  Another issue with RFEs that I have spotted (and I am sure I am not the  only one) is that they contain demands for information/documents that were already provided.

The problem here is that when I get requests like this, it makes me think: 1). maybe they lost the entire file??? or 2). it seems that USCIS is trying to “buy” itself a little more time before moving the case along. Whatever the reason is, the response to such an RFE must be submitted, or the entire case will be denied. I hope that the rainbow codes will help the process to be better organized.  But for some reason, I suspect it will cause even more confusion…

New Immigration Opportunities for Entrepreneurs

August 26, 2016

New Immigration Opportunities for Entrepreneurs 

Author: New York Business Immigration Attorney Alena Shautsova

Good news: new regulations are being implemented for entrepreneurs and owners of successful start-ups. USCIS announced plans to allow business owners to be paroled into the United States in connection with their business activities.  As always, the beneficiaries have to meet certain requirements and comply with certain restrictions.  One may find the text of the new proposed rules here: https://www.uscis.gov/sites/default/files/USCIS/Laws/Articles/FR_2016-20663_793250_OFR.pdf.

First, the proposed rules will provide a parole, not a visa. A parole is a permission to come, stay and work, but it does not in itself give a right to apply for permanent residency or citizenship. The qualifying beneficiaries have to be owners with at least 15% interest share, and the start ups should be new enterprises (opened within the past 3 years), and the enterprises must be “ promising” in that they  can create a substantial revenue or jobs.

Second, as always, the amount of money that a business should hold is quite substantial:  $345K from qualifying U.S. investors (such as venture capital firms, angel investors, or start-up accelerators), or at least $100K coming from grants.

In addition, an enterprise has to demonstrate a potential for reliable growth, job creation and overall be in the U.S. national interests.

How would this work? Basically, a business person who actively participates in the development of the business  will be allowed to come and stay in the US on a parole to oversee the development of the startup. (In most instances it means that a company also will be able to sponsor the person for permanent residency).  Once the 2 years are over, the beneficiary may apply to be re-paroled for an additional 3 years.  (DHS proposes that an applicant would generally be expected to demonstrate that the entity received at least $500,000 in additional qualifying funding during the initial parole period. A). The proposed rule will allow the entrepreneur’s spouse and children to apply for employment authorization.

The new proposed parole program may open the door to many entrepreneurs by allowing them to come to the US easier and avoid L1A/B requirements. It also is different from current non-immigrant visa regulations as it eliminates the need of an investment treaty between the country of origin and the US.  It sets defined criteria for the amount of capital that the startup should attract to be considered successful.

 

 

HOW TO EXPEDITE EAD APPLICATION

November 19, 2015

HOW TO EXPEDITE  EAD APPLICATION

Author: New York Immigration attorney Alena Shautsova

Generally, an  employment authorization should be issued within 90 days of submission of the  complete application package.  An applicant with pending asylum application, should receive an EAD card within 30 days of filing I-765 form. An applicant for adjustment of status, usually receives an EAD within 45 days.

However, often, applicants experience delays.  Delays maybe caused by the processing delays by USCIS, or by the applicant when he/she failed to submit all necessary evidence.

If an EAD application has been pending for more than 75 days, an applicant should call USCIS and inquire about the status of the case, and also make an info pass appointment and go to a local USCIS office.

It should be noted that USCIS does not issue Interim EADs anymore, and somebody without a valid employment authorization cannot accept/continue his/her employment.  A person may file for a renewal of the EAD as soon as 120 days before its expiration.

The EAD clock will be reset if  an applicant failed to attach initial evidence, and will be stopped if an applicant failed to attach evidence requested by USCIS. For example, if an applicant failed to attach initial evidence, and  USCIS informed the applicant about it on the 30th day of the EAD application being pending, the clock will be  reset to 0 once the evidence is received.

The instructions to the EAD application  form and the form itself are available at http://www.uscis.gov/i-765.

NEW VISA BULLETIN PROVIDES FASTER VISAS AND AOS PROCEDURES

September 12, 2015

NEW VISA BULLETIN PROVIDES FASTER VISAS AND AOS PROCEDURES

Author: New York Immigration Lawyer Alena Shautsova

There are new changes to the most complicated and slowest immigration process in employment and family preferences categories : the Department of State and Immigration authorities are revising the way Immigrant visas are counted and the timing when one can file his/her applications for the visas.

From now on, the visa bulletin will provide for two different dates:

  •  Dates for Filing Applications (earliest dates when applicants may be able to apply); and
  • Application Final Action Dates (dates when visas may finally be issued).

The significance of the new changes will primarily affect those who are in the U.S. waiting to file an application for adjustment of status.  An applicant for adjustment of status may also submit (with no additional charge) an application for employment authorization. In addition, often such applicants may submit an application for a travel permit, and plus,  when the adjustment of status application is pending , the applicant is considered to be “legal.”

Here is a reference to the USCIS clarifications regarding the new procedure: http://www.uscis.gov/visabulletininfo.

Simple comparison of the charts  of October 2015 visa bulletin reveals that in average  an applicant  in a preference family category will be able to apply for adjustment of status,  approximately a year earlier than previously.

The most important issue here is the implementation of the new rule, and hopefully, absence of new lawsuits against its makers…