spring-word-flowers.jpg Spring is in the air and I hope you are enjoying more time outside and with your loved ones.

 

I recently participated in the remarkable and life changing Generation W 2015 event and was inspired by Gen W's theme "Passion and Purpose" to continue improving the lives of our business partners, clients, staff and our community.  Passion and purpose drives our immigration practice as we successfully advocate and represent clients to have brighter and happier futures.  

 

I am happy to share a recent success story that fuels the passion for what we do.  For three years, we have successfully worked with a U.S. college and a Canadian professor to obtain and maintain his TN status so that he could teach in the U.S.  Early this year, we worked and strategized with our clients to successfully obtain a change of his status to an H-1B visa.  Now, we are working towards his "green card" so he can continue to share his unique knowledge and talent to further educate our students.   

 

Readers please remember that your best compliment to us is referrals.   Keep us in mind if you or others you know will benefit from our immigration services.  Thank you! 

GC Signature

 

 

In This Issue
H-1B Cap Met

As expected, on April 7, 2015, the USCIS announced that it had received enough H-1B petitions to reach the statutory cap for FY 2016. Click here to read the announcement.  As of this writing, USCIS has not announced the total number of petitions received or the date it will conduct the lottery to select the petitions that will proceed to adjudication. The lottery is conducted via a random computer selection process.   Petitions that are not selected will be rejected and the filing fees returned.  We will keep you updated as we receive more information. Click here to read my prior article on alternatives to an H-1B visa.

More District Court Decisions on H-1B Petitions

H-1B positions require, at minimum, a bachelor's degree in a specific specialty or its equivalent. In the 2015 decisions below, the District Courts analyzed the "specific specialty" requirement and reached different conclusions. The courts held that:

 -  The Deputy Controller position at issue was not a Specialty Occupation because a general degree such as business administration, without more, was inadequate to qualify for H-1B status. To read the decision, click here.

 - The Health Care Manager position at issue was a Specialty Occupation because it required a specific bachelor's degree in management. To read the decision, click here. 

L-1B Adjudication Policy Memorandum Released

This long awaited memo provides guidance on what constitutes "specialized knowledge" and the standard of review to be applied during adjudication.   Public comments are due by May 8, 2015 and the memo is expected to become effective August 31, 2015.

 

The memo reiterates that USCIS must apply a "preponderance of the evidence standard" and that L-1B extensions involving the same underlying facts should not require full re-examination of the case and deference to the prior USCIS determination should be given.  It also notes that for knowledge to be "special" the knowledge must be "distinct or uncommon" in comparison to that normally found in the particular industry. To read the proposed memo, click here.
  
E-Verify Logo

New Supplemental Guide for E-Verify Agents

E-Verify employer agents should use this new guide moving forward.  The new guide replaces the previous E-Verify User Manual for E-Verify Employer Agents and the E-Verify Quick Reference Guide for E-Verify Employer Agents.To read the supplemental guide, click here.

Hearing is Set on Executive Action

A court hearing has been set for April 17 to determine whether a temporary hold on President Obama's immigration executive action should be lifted. The executive action, which could spare as many as 5 million undocumented people from deportation, was placed on hold by a preliminary injunction issued in February. A coalition of 26 states filed the injunction to overturn the President's immigration plan. The states, led by Texas, argue the President's action was unconstitutional. We are following this development and will provide updates.

 
May 2015 Visa Bulletin! 
As of this writing, the May 2015 has not been released.  However, we are sharing the DOS and our predictions.   EB-2 India and China are expected to continue to advance at a steady pace of 3-4 months for another couple of months before slowing or holding toward September. The EB-3 Worldwide, Mexico and Philippines are expected to continue to advance by 0-2 months to ensure that all immigrant visa numbers are used for the year.  EB-3 India and China are expected to advance by 0-2 weeks.  
Immigration Processing Times
Click the link below to see the immigration processing times for USICS, DOL and Visa applications.

 

USCIS Service Center

Department of Labor

Visa Application Wait Times for any Post


I was a panel speaker for the Northeast Florida Minority Mentoring picnic, "Leaders in Law" session. We discussed self-motivation, strategic networking, the importance of thank you notes and strategies for leadership development for minority lawyers and students.

 

 

 

"The Great Debate: Immigration in America" was the topic of my presentation to the San Marco Rotary Club. Pictured are Kyle Reese, San Marco Rotary President and me at the Rotary Club. Many thanks to my colleague, Attorney Crystal Broughan for inviting me to speak to this engaging group.

 

 

The Lone Star state's 47th Governor, Rick Perry, came to Jacksonville and I had the opportunity to meet with him and others to discuss ideas and strategies for more jobs, safer communities and a brighter future for Jacksonville and Florida.

 

 

 

 

 

Marks Gray, P.A.  |  1200 Riverplace Blvd., Suite 800 | Jacksonville, FL 32207
  
904.398.0900  |  info@marksgray.com

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