USCIS Has Extended Flexibility For Responding to Agency Requests For a Second Time

This past March, USCIS announced that it was extending the amount of time certain individuals had to respond to agency requests. Of course, this was due to the COVID-19 pandemic, as many applicants and petitioners simply could not respond due to the outbreak. Now, USCIS has just announced that it will be further extending the amount of time individuals have to respond to various agency requests, including the following:

  • Requests for Evidence
  • Continuations to Request Evidence (N-14)
  • Filing date requirements for Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings
  • Filing date requirements for Form I-290B, Notice of Appeal or Motion.
  • Notices of Intent to Deny
  • Notices of Intent to Revoke
  • Notices of Intent to Rescind and Notices of Intent to Terminate regional investment centers

That being said, you should note that the flexibility only applies to the aforementioned documents if the issuance date is between March 1 and Sept. 11, 2020. Once you respond, USCIS will consider that response within 60 calendar days after the date established in the request or notice.

These are turbulent times, and it is only natural that you may have questions about this recent announcement. That is why we want you to understand that for any immigration-related questions, we are here. Please do not hesitate to reach out to our knowledgeable Wisconsin immigration attorneys today. We are ready to help you through every step of the process ahead–all you have to do is ask.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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USCIS Rescinds Policy Memos That Denied Many H-1B Visas

Recently, USCIS reached a settlement with ITServe Alliance that now gives employers more freedom when accepting H-1B visa holders. Essentially, the agreement will swap out two policy memoranda with a new policy memo. Previously, the two memoranda were Contracts and Itineraries Requirements for H-1B Petitions Involving Third-Party Worksites, which was issued in February of 2018, and Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements, which was issued in January of 2010.

How does this help employers?

Before the recent change, there were many gripes from both employers and immigrants seeking work, mainly having to do with relationships between employers and employees, various contract complications, and more. That being said, employers and employees should now see the following changes made:

  • Contracts: An H-1B petitioner does not have to submit legal agreements or contracts between the petitioner and third parties. That being said, it has not yet been specified how USCIS adjudicators will use their discretion to request contracts about future employment.
  • Validity Periods: USCIS is allowed to issue approvals for H-1B petitions, as long as the validity period for said petition is shorter than the time period requested by the petitioner. That being said, the decision must have an accompanying explanation regarding why the period has been limited.
  • Employer-Employee Relationship: The existing regulatory definition should be applied by USCIS adjudicators when assessing whether or not an employer and a beneficiary have what is defined as an employer-employee relationship. Officers must consider whether the petitioner is established meets at least one of the five “hire, pay, fire, supervise, or otherwise control the work of” factors.
  • Requests for Evidence on Proof of Employment: If you are a petitioner, you will have to prove that employment exists at the time of filing, and also that you will employ the beneficiary in the certain specialty occupation. As long as the supporting documentation meets this standard, the officer is not permitted to request any further evidence, and should, therefore, approve the petition, as long as all other eligibility requirements are met.

If you have any additional questions regarding how this may affect you, please do not hesitate to reach out to our experienced team of Wisconsin immigration attorneys today. We are here to help you through every step of the legal process ahead–all you have to do is ask.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Supreme Court Votes to Uphold DACA

Thursday, June 18, 2020, the Supreme Court decided to block the Trump administration’s attempt to end DACA, or the Deferred Action For Childhood Arrivals.  The Obama administration introduced the program several years ago, and its function is protecting the children of immigrants who entered this country illegally from deportation.

Most people did not see this decision coming, however, traditionally conservative Chief Justice John Robers voted in accordance with the four liberal Justices, Stephen Breyer, Elena Kagan, Ruth Bader Ginsburg, and Sonia Sotomayor. In his opinion, Roberts says, “We do not decide whether DACA or its rescission are sound policies.” He continued, “‘The wisdom’ of those decisions ‘is none of our concern.’ We address only whether the agency complied with the procedural requirement that it provide a reasoned explanation for its action.”

Associate Justice Clarence Thomas, conversely, wrote in his dissenting opinion, “The majority does not even attempt to explain why a court has the authority to scrutinize an agency’s policy reasons for rescinding an unlawful program under the arbitrary and capricious microscope. The decision to countermand an unlawful agency action is clearly reasonable. So long as the agency’s determination of illegality is sound, our review should be at an end.”

While those who are protected under DACA rejoice, the truth is, the win may not hold up forever, as the Trump administration may still work to eliminate the program in the future. That being said, to do so, the administration will have to provide a more policy-grounded explanation. In many respects, the administration does have the right to wind down the program, however, the reasoning they provided for terminating DACA (essentially that it was illegal from its conception) is not viable.

If you would like to know more about this decision and how it may affect your legal status, give our experienced Wisconsin immigration attorneys a call today. We are always here to help you through any phase of your journey to citizenship here in the United States.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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What You Should Know About First Preference EB-1 Employment-Based Immigration

If you are looking to come to the United States and possess certain “extraordinary abilities,” or you are someone who is uniquely qualified for a certain type of employment, you may be able to gain employment in the United States via the First Preference EB-1 Visa. Please continue reading and give our knowledgeable Wisconsin employment immigration attorneys a call today to learn more about these visas and how our firm can help you through the process ahead. Here are some of the questions you may have:

How do I prove that I have the extraordinary ability so I can get an EB-1 visa?

To get an EB-1 visa, you will have to prove that you gained national or international acclaim, and that as a result, your achievements were recognized in your field of expertise. This proof can come in the form of a one-time achievement or at least 3 of the 10 criteria featured below:

  • Evidence of lesser recognized prizes or awards for excellence
  • Proof that you are a member of an association in a field that demands the outstanding achievement of its members
  • Proof that your work has been displayed at artistic exhibitions
  • Proof that you have performed in a leading or critical role in distinguished organizations
  • Proof that you command a high salary or other substantially high remuneration in your field
  • Proof that you have had commercial success in the performing arts
  • Proof that there is published material about you in a professional or major trade publication
  • Proof that you were asked to judge the work of others
  • Proof that you have made one or more scientific, scholarly, artistic, athletic, or business-related contributions of major significance to your field of expertise
  • Proof that you have authored scholarly articles in professional or major trade publications

How do I apply for an EB-1 visa?

  • Extraordinary Ability: If you demonstrate extraordinary ability, you can apply for yourself via filing a Form I-140, Petition for Alien Worker.
  • Multinational Manager or Executive: Your U.S. employer will file USCIS Form I-140, Petition for Alien Worker. He or she must prove he or she can pay the offered wage as of the priority date. Your employer may use a federal income tax return, annual report,  or audited financial statement to prove he or she can continue to pay your wage.
  • Outstanding Professors and Researchers: In this case, your U.S. employer will have to file a Form I-140, Petition for Alien Worker. Your employer must prove that he or she can continue to pay the offered wage as of the priority date. He or she may use a federal income tax return, an annual report, or an audited financial statement to prove he or she can continue to pay your wage.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Does President Trump Have the Authority to Eliminate DACA?

Recently, there has been a lot of talk about DACA, or the Deferred Action on Childhood Arrivals program. This law was issued in 2012, after the Development, Relief and Education for Alien Minors (DREAM) Act failed to pass several times. DACA was created with the intention of preventing young undocumented immigrants, often referred to as “Dreamers”, from being deported. However, in 2017, President Trump ordered an end to the DACA program, which was met with several different lawsuits, and ultimately, two federal appellate courts ruled to allowed DACA to renew their deferred action.

Now, the Supreme Court has agreed to review the decision once again to see if President Trump has the authority to reverse the DACA program. Though the Supreme Court’s decision was expected to be made in June 2020, the COVID-19 pandemic, as well as the widespread protests across the nation for the untimely death of George Floyd have delayed that decision from being made.

That being said, even if the Supreme Court decides that President Trump has the authority to end the DACA program, he will most likely roll back the program slowly, not cut it off completely immediately. President Trump referred to this as a six-month wind-down period. Though the Supreme Court has yet to decide on whether President Trump can reverse DACA, President Trump may actually make a deal with the Democratic Party if he is re-elected in November.

For any additional information regarding DACA and how this may affect your immigration status, give our knowledgeable Wisconsin immigration attorney a call today. Our firm is here to help you through every step of the legal process ahead.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C., and schedule your initial consultation with our firm today.

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Read Our Latest Blog Posts

  •  USCIS Has Extended Flexibility For Responding to Agency Requests For a Second Time
  •  USCIS Rescinds Policy Memos That Denied Many H-1B Visas
  •  Supreme Court Votes to Uphold DACA
  •  What You Should Know About First Preference EB-1 Employment-Based Immigration