2016 H-1B Cap-Subject Petitions Have Been Selected
On April 7, 2015, USCIS announced it had reached the H-1B visa cap for FY2016. USCIS received nearly 233,000 H-1B petitions during the first week in April. USCIS began premium processing these petitions April 27 and May 4 completed the data entry for all the petitions selected by the computer-generated random process.
USCIS began sending Receipt Notices for the selected petitions and will start returning not selected petition at the end of May and in June. USCIS will announce once all the petitions have been returned.
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Employment Authorization for H-4 Spouses
Beginning May 26, 2015, USCIS will begin accepting Form I-765, Application for Employment Authorization, on behalf of certain H-4 spouses. This will allow spouses of H-1B nonimmigrants who are seeking employment-based lawful permanent residence status to apply for an Employment Authorization Document (EAD). Spouses eligible to apply for an EAD card include spouses of H-1B nonimmigrants who are the beneficiary of an approved I-140 petition or have been granted an H-1B extension(s) beyond the sixth year. For additional information, click here.
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"Green Cards" for Business Owners on E-2 Treaty Investor Visas - Legislation Introduced
Congressman David Jolly introduced legislation that would allow business owners in the U.S., on E-2 Treaty Investor Visas the opportunity to apply for permanent residency after ten years. Mr. Jolly stated, "Those who enter our country legally on a nonimmigrant E-2 visa come from all over the world to start a business in our country, bringing with them the entrepreneurial spirit to start businesses and fully integrate into our communities. Without an opportunity for permanent residency these visa holders cannot take the next step in carrying out the American dream that initially brought them to the United States."
Currently, all E-2 nonimmigrants must maintain intent to depart the U.S. when their status expires or is terminated. And, their children must leave the U.S. or apply for another visa when they turn 21 years old. Under Congressman Jolly's bill, children of E-2 Treaty Investor Visa holders could stay in the U.S. until they are 26 years old and could apply for work authorization at 18 years of age. This is welcome legislation and we will continue to follow it.
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The U.S. Citizenship and Immigration Services' Administrative Appeals Office (AAO) Decisions
AAO Revokes Petitioner's H-1B Approval
The AAO revoked a petitioner's H-1B approval finding that there was a material change in the beneficiary's authorized place of employment to geographic areas not covered by the original LCA and that an amended or new H-1B petition was required.
AAO On Doing Business for EB-13 Purposes
The AAO found that a U.S. subsidiary of a Chinese clothing manufacturing company that filed an EB-13 manager/executive petition may establish "doing business" by demonstrating it provided goods and/or services in a regular, systematic, and continuous manner to related companies within its multinational organization.
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June 2015 Visa Bulletin The DOS released the June Visa Bulletin. There was forward movement in most employment-based and family-based visa categories. The Bulletin shows significant forward movement continuing in EB-2 India and EB-2 China. EB-3 Philippines moves back again by two and a half years. Click here to read the entire Visa Bulletin.
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As President-elect of the Jacksonville Bar Association (JBA), I was honored to participate alongside Susan Sowards, Executive Director of the JBA; William Hubbard, President of the American Bar Association (ABA); and Paulette Brown, President-Elect of the ABA, in sessions on Bar leadership, governance and communications. The sessions were part of the ABA's Bar Leadership Institute. For a summary of blissful tips I received, please click here to read my article.
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I am proud to be a part of a firm that strives to keep their employees healthy. For the second year in a row, Marks Gray received the First Coast Healthiest Companies Gold Level Award. The award was presented by the First Coast Wellness Council and the Mayor's Council on Fitness and Well-Being at the annual Worksite Wellness Conference and Healthiest Companies Luncheon. Sondra K. Brunke, Marks Gray Benefits Coordinator (second from right) received the award.
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"Learn, Grow, Be Empowered" was the theme of "Mujeres del Mananas" an inspiring event designed by the H.I.L.L. of NE Florida to advance, support and celebrate Latinas in our community And I was honored to be in a panel with some extraordinary women... Felicidades!
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On May 6th, I had the privilege of moderating a Jacksonville Bar Association panel at The Players Championship. The event combined a top-notch professional seminar and networking on the Sawgrass Players Club stage.
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On July 14, I will be a panelist on a Lorman� webinar titled, Paralegal's Guide to Immigration Law. The webinar will provide an understanding of nonimmigrant employment visas and other challenges legal professionals face in immigration law. Click here to learn more.
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