Do You Qualify for DACA or DAPA?

A lot has been happening lately with immigration! November 20, 2014 was the big day Obama announced his new executive actions. Some of the more exciting possibilities include:

• No Age Cap for Deferred Action for Childhood Arrivals (DACA)
• New Deferred Action for Parents of US Citizens and Lawful Permanant Residents (DAPA)
• New Rules for Provisional Waiver of Unlawful Presence

Do you think you may qualify for DACA or DAPA or some other immigration benefit? That would be great, wouldn’t it? Unfortunately, Immigration laws are complex and not everyone will qualify for these new options, especially if they have a criminal background, prior deportations or voluntary departures.

How to Run Your Record

If you are worried about how to get your record, don’t be! We can help! With your fingerprints and little bit of information we can run your record with many different sections of the governemnt in order to check things such as:

• Criminal Records
• Deportations
• Voluntary Departures
• Results of Immigration Cases
• And More!

Don’t Spend Thousands on an Immigration Case Before You Run Your Record

It makes no sense to pay for an immigration case if you do not qualify for it. You will only put yourself at risk of exposure to immigration and possible deportation. It is a good idea that you find out what your criminal and immigration records have on them before filing for any type of benefit. Depending on your record, a skilled immigration attorney can tell you what your best options are and help you weight the pros and cons of each of your options.

As April steadily approaches, so does the opportunity for foreign workers in specialized fields to obtain an H-1B visa subject to the annual cap. Under the program, U.S. businesses are able to hire temporary workers for positions that require knowledge or expertise in certain fields, such as engineers, scientists, or computer programmers.

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for the 2015 fiscal year that are subject to the cap on April 1st, 2014. Under the current regulations, there are 65,000 H-1B visas available, as well as an additional 20,000 for foreign nationals that have graduated from a U.S. college or university with a master’s degree or higher. According to the USCIS website, the statutory limit was reached within the first 5 days of the filing period last year, and received a total of 124,000 H1-B petitions. It is important to note that not all H-1B visa petitions are subject to the statutory cap, including:

• H-1B renewal petitions
• H-1B extension petitions
• If the employer is a college or university
• If the employer is a nonprofit research organization
• H-1B transfer petitions

Because of the competition involved with obtaining an H-1B visa, it is advisable for employers and employees to start preparing the H-1B cap season now. While USCIS will not accept H-1B petitions that are subject to the cap until April 1st, those seeking H-1B visas can begin to gather information and prepare the necessary paperwork. One of the more time-intensive pieces of documentation that is required with an H-1B petition is the Labor Condition Application (LCA). The LCA is a document filed the Employment and Training Administration (a division of the Department of Labor) in which a prospective employer of a foreign worker attests the conditions of employment. The LCA must be certified by the Department of Labor, and the USCIS website specifically alerts H-1B petitions to account for LCA processing times and to plan accordingly.

The H-1B petition process can be complicated and extremely time-sensitive. As a result, it is advisable for people considering filing an H-1B petition to discuss their circumstances with an attorney who thoroughly understands the process. By engaging the assistance of an attorney early in the process, you can avoid any potential pitfalls and make sure the process goes as smoothly as possible. Attorney Shannon Blanchard is an experienced immigration attorney who has helped hundreds of clients with their immigration matters. To schedule a free consultation with Ms. Blanchard, please call our office today at (858) 480-1077.