Emily Sumner's Recent Events:

 

Challa Law Attorney Emily Sumner organized and moderated a continuing legal education seminar on Friday, July 8th at George Mason School of Law on the Immigration Consequences of Criminal Convictions. Immigration and criminal attorneys from the surrounding states attended this half-day seminar. For information on upcoming seminars, stay tuned to our website!

Lakshmi Challa's Recent Events:

 

Domicile Workshop: 

Lakshmi Challa presented an immigration primer to 200 Virginia college and university registrars and admissions personal. The workshop was organized by The Virginia Association of Collegiate Registrars and Admissions Officers (VACRAO) and State Council of Higher Education for Virginia (SCHEV). The purpose of the immigration primer wa...s to train admissions personnel with the immigration issues that may impact domicile decisions. Since Challa Law worked with SCHEV in updating the current domicile guidelines followed by the Virginia's institutions of higher education and often advise SCHEV and those institutions with immigration issues impacting domicile they were very familiar the correlation.

 

 ___________________________________________________________

 

White House Business Council:

 Lakshmi Challa was invited to participate in a roundtable discussion organized by the White House Business Council. The roundtable discussion was led by Aneesh Chopra, Chief Technology Officer of the United States. The President made clear in his State of the Union address that we as a country must commit to winning the future: out-innovating, out-building and out-educating the rest of the world.  Additionally,  achieving these objectives relate to immigration reform.  After his address, the President asked senior Administration officials to get on the road, hosting roundtable discussions with business leaders across the country. The roundtable discussion was one of many held around the nation.

H-1B Cap Latest Count As Of 7/15/2011:

 

Regular cap count: 25,000 (out of 65,000 cap) 

 

Master degree cap count: 12,800 (out of 20,000 cap)



Attention Valued Clients: New Email System to Serve You Better:

 

We recognize that obtaining information about receipt notices, obtaining original receipt notices, approval notices, and detailed case status updates are critical for you in many ways including continued work authorization, obtaining driver's licenses, etc.  In our continuing effort to provide superior client service, we have developed customized email addresses. Starting immediately, please use these email IDs when have you a question about the following matters:

 

Receipt Notices:          receipts@challalaw.com

Case Status:               casestatus@challalaw.com

Approval Notices:        approvals@challalaw.com  

 

Challa Law staff is assigned to check these emails on a daily basis. Please note that in some instances, the staff may need to check with another one of our branch locations, or with a specific team member to provide the required information. However, you should at least receive a receipt confirmation email, and a timeline as to the expected response within one business day. If you would like to provide feedback on the new system, we welcome your comments and suggestions.

Summertime Travel: What You Need to Know to Use Your AP!

 

Many US workers take advantage of the hot summer months to take vacation and/or visit family. If you are not a US citizen or permanent resident and plan to travel internationally, you will need to plan ahead to make sure you are able to re-enter the US without issue. If you are travelling outside the US and plan to re-enter using your advance parole document, you should carry with you:

 

• Current (and valid) passport
• Your original advance parole (AP) document. Note that in some instances USCIS is now issuing a dual-purpose EAD/AP card in a single document.
• Copy of your I-485 receipt notice
• Your most recent pay stubs (past 2-3 months, if possible), and
• Letter confirming employment

 

Each case is different, and if you have criminal issues, immigration status issues, or other specific issues, you should contact our office first to ensure that you are eligible to travel, and that you have the necessary documents.

EB-485 Approvability After Underlying AC-21 Ported but Pending I-140 Petition Withdrawn by Employer

 

The issue involved so called "Yates Review" requirement under the Yates AC-21 portability memorandum on approvability of I-485 applications which was concurrently and appropriately filed with yet-to-be approved I-140 petition under AC 21 but alien ported after 180 days but employer withdrew the underlying yet-to-be approved I-140 petition. Yates memorandum requires in such situation to review the "approvability" of the I-140 petition, regardless of the employer's withdrawal, and approve I-485 application if the agency finds such I-140 petition approvable under the Yates review rather than deny such I-485 application. Against this policy, in one case, the Texas Service Center denied such I-485 application based on the claim that once I-140 petition is denied at the time of their I-485 application, such I-485 had to be denied under the law.

 

In one federal district court in District of Columbia (Washington, D.C.), the court agreed to the TSC argument that the statute did not require such approval, but still ordered the agency to proceed with the I-485 adjudication with the Yates Review per its own memorandum since a decision without such Yates Review constituted "arbitrary and capricious" decision in violation of the APA by not following its own policy memorandum arbitrarily and capriciously in the specific case. The Court found that the Portability Provision did not require Defendants (Texas Service Center) to review the I-140 petition filed by the employer once it was withdrawn after Plaintiffs' I-485 applications had been pending for 180 days, but the Court also found that once it had a policy memorandum requiring 'Yates Review" before denial, it cannot deny such I-485 application arbitraily and capriciously on its departure from its own policy guidelines without violation of the APA. Very important decision for those who face similar situation.

Senators Kerry (D-MA), Lugar (R-IN) and Udall (D-CO) are the main architects of introducing the StartUp Visa Act of 2011. The highlight of this bill is that it will allow an immigrant entrepreneur to receive a two year visa if he or she can show that a qualified U.S. investor is willing to invest in the immigrant's startup venture.  And in an expansion from the Kerry-Lugar StartUp Visa Act of 2010, the pool of eligible immigrants would now include holders of H-1B visas and entrepreneurs living outside the United States with a market presence in the country.

 

The following are the Options for Entrepreneurs:

 

The StartUp Visa Act of 2011 would amend immigration law to give immigrant entrepreneurs three new options for entry or retention of residency:

 

Option One: Immigrant entrepreneurs living outside the U.S. would be eligible to apply for a StartUp Visa if a qualified U.S. investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000. After two years, their business must have created 5 new jobs and raised not less than $500,000 in additional capital investment or generate not less than $500,000 in revenue.

 

Option Two: Immigrant entrepreneurs currently in the U.S. on an unexpired H-1B visa; OR immigrant entrepreneurs currently in the U.S. who have completed a graduate level degree in science, technology, engineering, math, computer science, or other relevant academic discipline from an accredited United States college, university, or other institution of higher education would be eligible for a StartUp Visa if;

 

·         They demonstrate annual income of not less than roughly $30,000 or the possession of assets of not less than roughly $60,000; and

·         Have proven that a qualified U.S. investor agrees to financially back their entrepreneurial venture with a minimum investment of $20,000.

·         After two years, their business must have created 3 new jobs and raised not less than $100,000 in additional capital investment or generate not less than $100,000 in revenue.

 

Option Three: Immigrant entrepreneurs living outside the U.S. would be eligible to apply for a StartUp Visa if they have controlling interest of a company in a foreign country that has generated, during the most recent 12-month period, not less than $100,000 in revenue from sales in the U.S. 

 

After two years, their business must have created 3 new jobs and raised not less than $100,000 in additional capital investment or generate not less than $100,000 in revenue.

 

 

A new State Department rule gives consular officers broader authority to revoke a visa in their discretion at any time, and allows them to do so more quickly and easily. The rule means that a foreign national's ability travel to the United States using an existing visa could be suspended or terminated without notice if a consular officer has any question about the individual's ability to possess the visa. The rule was published in today's Federal Register and has immediate effect.

Though consular officers have long been authorized to revoke a visa when they determine that a foreign national is not or has ceased to be eligible for the nonimmigrant classification for which the visa was issued, today's rule broadens that authority substantially. Consulates also have new power to "provisionally" revoke a visa if an officer believes that more information is needed to determine a foreign national's eligibility, though the visa could be reinstated if the foreign national is later found to be entitled to it. In a departure from prior rules, foreign nationals are no longer able to request the consulate to reconsider a decision to revoke a visa.

A visa that is revoked - whether finally or provisionally - is invalid and cannot be used for travel to the United States, even if it is not physically canceled. If a provisionally revoked visa is reinstated, the visa holder can once again use it for travel.

What This Means for Foreign Nationals and Their Employers

 

If a foreign national's existing nonimmigrant visa is revoked, he or she could face lengthy delays in the ability to enter or return to the United States for business or employment, and future difficulties in obtaining subsequent visas. Because consulates are not required to send a notice of revocation, a foreign national may not learn that a visa has been revoked until he or she is inspected at a U.S. port of entry and refused admission.

  
This newsletter has been prepared for general informational purposes only and does not constitute legal advice.  No information included herein shall create an attorney/client relationship or constitute an invitation for such a relationship. This newsletter is not intended to be an advertisement.  You should always seek professional, independent legal consultation before taking or refraining from any action.