Uncategorized

Our Response to the COVD-19 Outbreak

At Elizabeth Reed Law Firm, our highest concern is the safety and wellbeing of our team, our clients, and our partners. We encourage our clients to schedule over the phone and/or Skype consultations, from the comfort of your home. Contact us at (210) 314 -1431 to schedule yours today! 

We will continue to monitor the situation as it evolves and follow all local updates from the  City of San Antonio as well as the Centers for Disease Control. The health and the safety of our clients and staff are the top priority for the Elizabeth Reed Law Firm.

COVID-19 Health Tips

  1. If you are sick, stay home.
  2. Cough or sneeze into your elbow instead of your hands.
  3. Wash your hands frequently (at least 20 seconds with soap and water).
  4. Avoid shaking hands and touching your face with unwashed hands.
  5. Stay at least six feet away from other people, especially anyone who is sick.
  6. Use a barrier (such as tissue or a paper towel) to touch commonly used public surfaces such as door handles and elevator buttons.

THE UNITED STATES AND CHINA TO EXTEND VISAS

The United States will begin issuing visas in accordance with a new reciprocal arrangement on November 12, 2014.

Chinese applicants who qualify for a B-category nonimmigrant visa (NIV) may now be issued multiple-entry visas for up to 10 years for business and tourist travel. Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J-category visas are now eligible for multiple-entry visas valid for up to five years or the length of their program.

U.S. citizens eligible for Chinese short term business and tourist visas should also receive multiple-entry visas valid for up to 10 years, while qualified U.S. students may receive student residency permits valid up to five years, depending on the length of their educational program.

“CAP” COUNT UPDATE FOR H-2B STATUS

There is a statutory numerical limit or ‘cap’ on the number of aliens who may be issued an H-2B status during a fiscal year. The H-2B cap set by Congress is 66,000 per fiscal year; 33,000 to be allocated during the first half of the fiscal year (October 1 – March 31) and 33,000 to be allocated during the second half of the fiscal year (April 1 – September 30). Any unused numbers during the first half will be made available to use during the second half of the fiscal year.

As of November 17, 2014, USCIS has receipted 12,658 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This includes 11,128 approved and 1,530 pending beneficiaries.1

It is important to check up on the cap count regularly for an updated count.

The United States and China to Extend Visas

The United States will begin issuing visas in accordance with a new reciprocal arrangement on November 12, 2014.

Chinese applicants who qualify for a B-category nonimmigrant visa (NIV) may now be issued multiple-entry visas for up to 10 years for business and tourist travel. Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J-category visas are now eligible for multiple-entry visas valid for up to five years or the length of their program.

U.S. citizens eligible for Chinese short term business and tourist visas should also receive multiple-entry visas valid for up to 10 years, while qualified U.S. students may receive student residency permits valid up to five years, depending on the length of their educational program.

Immigrant Visas for Family and Employment Based Petitions

This bulletin summarizes the availability of immigrant visas for family and employment based petitions. It is a monthly publication by the Bureau of Consular Affairs, which is part of the Department of State. It helps set limits on immigration to the United States.

Here is the link for the visa bulletin.

It is imperative to check this bulletin on a monthly basis.

“Cap” Count Update for H-2B Status

There is a statutory numerical limit or ‘cap’ on the number of aliens who may be issued an H-2B status during a fiscal year. The H-2B cap set by Congress is 66,000 per fiscal year; 33,000 to be allocated during the first half of the fiscal year (October 1 – March 31) and 33,000 to be allocated during the second half of the fiscal year (April 1 – September 30). Any unused numbers during the first half will be made available to use during the second half of the fiscal year.

As of November 17, 2014, USCIS has receipted 12,658 beneficiaries toward the 33,000 H-2B cap for the first half of FY2015. This includes 11,128 approved and 1,530 pending beneficiaries.1

It is important to check up on the cap count regularly for an updated count.

Reforms to the Employment Visa System as per President Obama’s Immigration Executive Action

Among the proposed changes to the current immigration system, is the one to help U.S. high skilled businesses in being able to hire foreign workers and retain them permanently.

Key administrative reforms include:

I. Simplify Immigrant Visa allocation by working with the Department of State in order to ensure all visas are issued to eligible individuals.

II. Simplify the current Visa Bulletin system in order to determine when immigrant visas are available in a fiscal year.

III. Reduce waiting times for immigrant visas to become available and improve on visa processing.

IV. Expand the degree programs available for OPT (Optional Practical Training).

V. Enhance opportunities for foreign inventors, researchers and founders of start-up enterprises wishing to conduct research and development to create jobs in the United States by granting them National Interest Waivers and as a result, green cards, or through investment.

VI. Efficient adjudications of L-1B petitions by providing further guidance on the definition of “specialized knowledge.”

VII. Finalize the rule to provide employment authorization documents (EAD) to dependents of H-1B’s, i.e. H-4s who are in route of obtaining lawful permanent resident status.

VIII. Flexibility on ‘portability’ when pending for employment-based permanent resident status.

IX. Modernize the PERM program in order to obtain a Labor Certification.

Sources

1. https://www.immigrationpolicy.org/special-reports/guide-immigration-accountability-executive- action?utm_source=AILA+Mailing&utm_campaign=c2b3d967aa-AILA8_11_26_14&utm_medium=email&utm_term=0_3c0e619096-c2b3d967aa-290883813

2. https://www.uscis.gov/immigrationaction

3. “The President’s Immigration Accountability Executive Actions Announced November 20-21, 2014,” AILA InfoNet Doc. No. 14112446 (Posted 11/24/14).

4. “AILA’s Take on President Obama’s ‘Immigration Accountability Executive Action’ Plan,” AILA InfoNet Doc. No. 14112448 (Posted 11/24/14).

5. Johnsen, Jeh C., Memorandum on “Policies Supporting U.S. High-Skilled Businesses and Workers,” AILA InfoNet Doc. No. 14112009 (Posted 11/20/14).