On August 27, 2024, U.S. Citizenship and Immigration Services (USCIS), in collaboration with the U.S. Department of State, revised its guidance within the USCIS Policy Manual to provide more clarity and updated information for F/M nonimmigrant students, particularly concerning who is eligible for Optional Practical Training (OPT) extensions in Science, Technology, Engineering, and Mathematics (STEM) fields. This update helps students begin new educational experiences with a clear understanding of their eligibility and requirements. Policies on these issues are clarified in Part F of Volume 2, the Policy Manual; this should also include details on online learning updates, school transfers, regards to grace periods considerations, and considering studies abroad.

Key Updates in Policy Manual

E-Learning Courses and Full Course of Study

The new guidance specifies that students can now count one class or up to three credits per academic session (or its equivalent) toward fulfilling their full course of study requirement, even if the class is taken online or through distance learning methods that do not require physical attendance. This change is significant for students who prefer or need to incorporate online courses into their schedules, allowing greater flexibility without jeopardizing their immigration status. School Transfers and Educational Mobility:

The USCIS guidance explains that students have the flexibility to transfer between schools certified by the U.S. Immigration and Customs Enforcement (ICE) under the Student and Exchange Visitor Program (SEVP), as long as they remain at the same educational level or transition between different levels of education. This ensures that students can pursue their academic goals without unnecessary complications when changing institutions or advancing their studies.

60-Day Post-Optional Practical Training OPT Grace Period

During the 60-day grace period following the completion of an authorized OPT period, students can now take several important actions. For instance, they may change their educational level, transfer to another SEVP-certified school, or apply for a change to another nonimmigrant or immigrant status with USCIS. This grace period offers a critical window for students to make decisions about their future in the U.S. without the immediate pressure to leave the country.

Eligibility for Post-Completion OPT: The guidance also clarifies that students who have completed an associate’s, bachelor’s, master’s, or doctoral degree program are eligible for post-completion OPT. This ensures that students across a wide range of educational achievements can benefit from OPT opportunities, helping them to gain practical experience in their field of study.

STEM OPT Extension Application Period

The Policy Manual says that STEM OPT extension applications should be filed in a timely manner, and this addition is updating guidance to current regulation. Other purely technical edits were made to clean up and streamline the document.

SEVIS Status and Study Abroad

For students participating in study abroad programs, the guidance clarifies that they may remain active in the Student and Exchange Visitor Information System (SEVIS) if their program abroad lasts less than five months. However, if the study abroad program exceeds five months, students will need to obtain a new Form I-20, which is the Certificate of Eligibility for Nonimmigrant Student Status, upon returning to the U.S. This update benefits students by maintaining SEVIS status while continuing educational opportunities abroad.

Implementation Now

These updates are effective immediately and apply to all requests that are currently pending or filed on or after the publication date. Students and educational institutions are encouraged to review these changes to ensure compliance and to take full advantage of the opportunities provided by the updated guidance.

Please refer to the Policy Alert for details.

This revised guidance reflects USCIS’s ongoing commitment to supporting international students in their academic and professional pursuits while ensuring that the U.S. remains a top destination for global talent in STEM fields and beyond.

Other Recent Changes to F-1/M-1

The preceding policy change follows one before that of the F-1/M 1 classification. On December 30, 2023, USCIS issued updated policy guidance that impacts F and M nonimmigrant student classifications. This guidance details USCIS’s role in handling applications related to employment authorization, change of status, extension of stay, and reinstatement of status for international students and their dependents in the United States.

Overview of the December 2023 Guidance

This newly issued guidance consolidates and clarifies existing policies, offering much-needed clarity for both international students and U.S. educational institutions. The update addresses a variety of important topics, including eligibility criteria, school transfers, practical training opportunities, and guidelines for on- and off-campus employment. Engaging classes can ignite a newfound passion for a subject, significantly impacting a student’s academic journey and influencing decisions such as major selection and career paths.

Key Highlights

Residence Requirement and Intent to Depart

The guidance reaffirms that F and M students are required to maintain a foreign residence that they do not intend to abandon. However, it also clarifies that students can be the beneficiaries of a permanent labor certification application or an immigrant visa petition while still demonstrating their intent to leave the U.S. after their temporary stay.

This provides students with greater flexibility for their future plans without jeopardizing their nonimmigrant status.

STEM OPT Extensions and Startup Employment

The guidance lists conditions under which F-1 students engaging in OPT extensions in the fields of Science, Technology, Engineering, and Mathematics may work for startup companies.

These conditions include strict adherence to the required training plan, maintaining good standing with the E-Verify program, and ensuring that compensation is comparable to that of similarly situated U.S. workers.

This update opens up new opportunities for international students to gain practical experience in innovative industries, particularly in the startup ecosystem.

Nonimmigrant Student Classifications

F-1 Academic Students

The F-1 classification is designed for noncitizens entering the U.S. to pursue full-time studies at a college, university, seminary, conservatory, academic high school, elementary school, or other recognized academic institutions. It also includes those enrolling in language training programs. This classification is fundamental for students aiming to gain a comprehensive education in the U.S.

M-1 Vocational Students

The M-1 classification is for students enrolled in vocational or nonacademic programs, excluding language training. This classification supports students who are pursuing specialized skills and training in various vocational fields.

Additional Information: These changes details can be accessed by stakeholders from Policy Alert.

Update: Temporary Pause on “Keeping Families Together” Program

August 26, 2024: The United States District Court for the Eastern District of Texas issued an administrative stay in the case Texas v. Department of Homeland Security, Case Number 24-cv-306. DHS will not be granting parole in place under the “Keeping Families Together” program for 14 days. Stay tuned for further updates.

“Keeping Families Together” is a Biden program that will give a pathway to citizenship to nearly 500,000 undocumented immigrants who are married to US citizens. The program aims to promote family unity by providing a pathway to citizenship for undocumented immigrants married to US citizens. This program affects these individuals and their families big time and is now on pause for further legal review.

Facts

• The 14 day stay on the “Keeping Families Together” policy may be extended.
• U.S. Citizenship and Immigration Services (USCIS) can still accept applications during this time but approvals are on hold.
• The lawsuit was filed by 16 Republican states.
• The federal judge needs more time to review the legal aspects of the program.
• Eligible individuals can still apply with no penalties but applications will not be processed until the stay is lifted.

What Happens During the Stay?

• DHS will not grant any pending parole in place requests under the “Keeping Families Together” program.
• USCIS will still accept Form I-131F applications for parole in place but approvals are on hold during this time.
• The stay does not affect applications that were approved before the order was issued

Court’s Decision and Lawsuit Background

Judge J. Campbell Barker of the U.S. District Court for the Eastern District of Texas issued a 14 day stay, stopping the processing of applications or granting of parole under the new rule. DHS can still accept applications during this time. This temporary pause is in response to a lawsuit filed by 16 Republican states challenging the program.

The lawsuit challenges the new immigration process aimed at streamlining pathways to lawful permanent residence for noncitizens married to U.S. citizens.

Judge Barker said the temporary pause is to prevent any harm before the court can review the case further. The judge’s decision shows the states have a strong case and the program will have big implications for immigration policy and state resources.

Legal Proceedings and Next Steps

The court has a fast track schedule for the case with deadlines in September and early October. A hearing on preliminary relief and summary judgment will be after October 10, 2024. During this time all parties will present their arguments and the court will decide whether to extend the stay or lift it.

The stay was issued after 16 Republican states filed a lawsuit against the program saying it violates the Administrative Procedure Act and existing federal law. In his order, Judge Barker said the states’ claims are “serious and deserve more time than the court has given so far”. But he made clear this is not a final decision on the merits of the case but a temporary pause to allow for further review. DHS, the defendant in this case, has filed a request to expedite.

President Biden Reacts to Court’s Temporary Ruling

In response to the federal court order temporarily staying the “Parole in Place” program for undocumented spouses and stepchildren of U.S. citizens, President Biden issued a statement condemning the ruling. He stated:

“Last night, a single district court in Texas ruled that our work to keep families together has to stop. That ruling is wrong. These families should not be needlessly separated. They should be able to stay together, and my Administration will not stop fighting for them.”

Here is President Biden’s full response:

It is hopeful that the Biden Harris administration’s commitment to this program will stand strong.

A group of immigrant families has stepped up to defend a new Biden administration program, which is under threat from a lawsuit by 16 Republican-led states. The program, known as Keeping Families Together, provides a legal pathway called “parole in place” for an estimated half a million undocumented spouses of U.S. citizens. This pathway allows them to apply for permanent residency and citizenship without leaving the country, significantly reducing the risk of family separation.

The lawsuit, led by Texas Attorney General Ken Paxton, was filed by Republican states that argue the program is unconstitutional and harmful to the U.S. However, six undocumented immigrants, together with their U.S. citizen spouses, filed a motion to intervene in the lawsuit, seeking to protect the program. They are supported by the Coalition for Humane Immigrant Rights, a nonprofit based in Los Angeles.

One of the immigrants seeking to intervene, Foday Turay, is particularly passionate about the case. Turay, who was brought to the U.S. from Sierra Leone as a child, is now a lawyer working as a prosecutor in Philadelphia. He speaks out about the fear of being torn from his family, despite having lived, worked, and paid taxes in the U.S. for over a decade. Turay and his fellow applicants argue that this program is essential for keeping their families intact.

Applicants to the parole in place program must meet strict criteria: continuous residence in the U.S. for at least 10 years, marriage to a U.S. citizen before June 17, 2024, and a clean criminal record. The program is designed to address the dilemma faced by many undocumented immigrants who are married to U.S. citizens but are afraid to leave the country to legalize their status, as it could result in yearslong or even permanent separation from their families.

Despite its benefits, the program is under fierce attack. The lawsuit, backed by America First Legal, argues that the program violates federal law and exacerbates the immigration crisis. The suit was filed in a Texas federal court known for its conservative judges, both of whom were appointed by former President Trump. The case has been assigned to Judge J. Campbell Barker, who will decide whether the immigrant families can intervene.

If allowed to intervene, these families and their legal representatives will defend the program alongside the federal government, but with a focus on their personal stakes in the matter. Esther Sung, the legal director of Justice Action Center, emphasizes the importance of including the voices of those who would benefit directly from the program, noting that the outcome could significantly impact immigrant communities and even influence the upcoming elections, as many affected families reside in key swing states.

The lawsuit also raises the broader debate over the economic impact of undocumented immigrants on states. Republican attorneys general argue that programs like parole in place impose financial burdens on states by increasing costs in education, healthcare, and other public services. However, advocates like Sung plan to challenge these claims, pointing out that similar arguments were dismissed in a previous case involving a different Biden administration program.

The question of whether undocumented immigrants are a net fiscal benefit or cost remains contentious, with analyses often divided along ideological lines. Yet, as Turay points out, many of the immigrants eligible for parole in place have been contributing to the U.S. economy for years, primarily through paying taxes. The White House estimates that applicants have lived in the U.S. for an average of over 20 years, demonstrating their deep ties to the country.

As this legal battle unfolds, the future of the Keeping Families Together program hangs in the balance, with significant implications for the lives of many immigrant families and the broader immigration debate in the United States.

What is the “Keeping Families Together” Program

The “Keeping Families Together” program is an expansion of the existing “parole in place” (PIP) policy that allows certain undocumented spouses and stepchildren of US citizens to apply for temporary relief from deportation. If approved, these individuals can apply for a marriage based green card without having to leave the US. The program is designed to streamline the immigration process and promote family unity by allowing eligible individuals to apply for a marriage-based green card without leaving the US. The Biden administration estimates 500,000 undocumented spouses and 50,000 stepchildren will benefit from this program.

To qualify, applicants must have been in the US for at least 10 years, be married to a US citizen as of June 17, 2024 and have no disqualifying criminal history or security threats. The application process costs $580 and requires detailed documentation including a personal statement and proof of continuous presence in the country.

Opposition

The lawsuit, led by Texas, says the “Keeping Families Together” program not only violates the Constitution but also makes the existing illegal immigration problem worse. The plaintiffs argue the program will encourage more illegal immigration and put a strain on state resources, citing increased demand for state services and potential wage suppression as the main concerns.

DHS spokesperson Mayra Alejandra said the program is based on long standing legal authority and is in line with American values of keeping families together. She said the program is to allow families of US citizens to live without fear of being separated, something that many people can relate to.

What This Means for Applicants

The temporary restraining order (TRO) means USCIS can accept applications but cannot process or approve them until the stay is lifted. If you are eligible for the program you should prepare and submit your application during this time as there is no prohibition on doing so. If the stay is lifted those who applied during the pause will not be penalized or restricted.

Despite the stay individuals who think they qualify for the PIP program should consult with experienced immigration attorneys to explore their options. They should also go ahead and submit their applications as the program is still open for submissions.

Be informed and seek legal advice to understand how this temporary pause will impact your case. Even with the pause in place, preparing your application now will put you in a better position when the program reopens.

Next Steps

As the lawsuit plays out the “Keeping Families Together” program is still up in the air. But eligible individuals should stay ahead of the curve, gather the necessary documents and submit their applications. Stay informed and prepared and you’ll be able to navigate this changing policy and get a better future for you and your family.

If you are considering applying under the “Keeping Families Together” program contact the Herman Legal Group to help you with the process. Preparing now could mean getting your marriage green card when the program gets back on track.

What is “Keeping Families Together”

August 19, 2024 DHS announced the “Keeping Families Together” program. This is an initiative that allows certain noncitizen spouses and stepchildren of US citizens to apply for parole in place, a discretionary process that allows them to stay in the US temporarily. This is part of President Biden’s overall family unity in the immigration system.

What is Parole in Place?

Parole in place is a discretionary authority exercised by DHS under section 212(d)(5)(A) of the Immigration and Nationality Act (INA). It allows certain noncitizens who are in the US without being formally admitted or paroled to be considered “applicants for admission”. This process allows them to stay in the country for urgent humanitarian reasons or significant public benefit.

If paroled and otherwise eligible they can apply for adjustment of status to lawful permanent resident without leaving the US to process their application through a US consulate abroad. DHS estimates 500,000 noncitizen spouses and 50,000 noncitizen stepchildren of US citizens could benefit from this program. These individuals have been in the US for an average of 23 years.

Under normal circumstances undocumented individuals who entered the US illegally cannot adjust their status to legal permanent resident without leaving the country. Leaving the US triggers the 3 or 10 year bars which can make it very difficult for them to return. The PIP program is designed to bypass this requirement and allow eligible individuals to stay in the US while their applications are processed.

Integrity and Fraud Prevention

USCIS will thoroughly review all evidence submitted with Form I-131F applications to verify the existence of legally valid marriages. This includes training and procedures to identify and prevent fraud to ensure only legitimate marriages are the basis for applications for adjustment of status.

Eligibility

To be eligible for the discretionary grant of parole in place under “Keeping Families Together” you must:

For Noncitizen Spouses of US Citizens:

• Be in the US without admission or parole as a spouse of a US citizen.
• Have been continuously present in the US since at least June 17, 2014.
• Be married to a U.S, citizen as of June 17, 2024.
• Have no disqualifying criminal history or pose no threat to public safety, national security or border security.
• Submit biometrics and undergo required background checks and security vetting.

For Noncitizen Stepchildren of US Citizens:

• Be under 21 years old and unmarried as of June 17, 2024.
• Be in the US without admission or parole.
• Have been continuously physically present in the US since at least June 17, 2024.
• Have a noncitizen parent who entered into a legally valid marriage with a US citizen before your 18th birthday and as of June 17, 2024.
• Go through the public safety vetting and meet the same criminal history and security requirements as spouses.

The applicant must demonstrate eligibility and that the favorable exercise of parole is warranted for urgent humanitarian reasons or significant public benefit. Parole in place does not automatically qualify the applicant for other immigration benefits including lawful permanent resident status.

Apply for Parole in Place

Starting August 19, 2024 eligible noncitizen spouses and stepchildren can apply for parole in place by filing Form I-131F online. There is a filing fee and no fee waivers. Applicants must complete all required fields and submit required documents according to the form instructions.

Important Notes:

• A separate Form I-131F must be filed for each individual seeking parole in place.
• Each applicant must have their own USCIS online account, although a parent or legal guardian can create an account for children under 14 and complete the form on their behalf.

After filing, applicants will need to provide biometrics, including fingerprints, photographs and signature. This information will be used for identity verification, background checks and to determine eligibility.

What Happens After Filing?

If USCIS determines the applicant is eligible and if the federal court lifts the stay, USCIS may grant parole in place on a case by case basis considering factors such as criminal history, existing removal proceedings and national security concerns. If approved, parole is usually granted for 3 years and can be terminated by DHS at any time with notice.

Employment Authorization

If granted parole, applicants can request an Employment Authorization Document (EAD) by filing Form I-765. If you don’t already have a Social Security number you can request one when filing for an EAD.

If Your Application is Denied

If USCIS denies parole in place it will not usually result in a Notice to Appear (NTA) or referral to ICE for enforcement action unless the applicant is deemed a threat to national security, public safety or border security. However, DHS has discretion to take enforcement actions under the INA.

Other Considerations

Address Changes: Applicants must report any address changes to USCIS within 10 days to receive all correspondence related to their case.

Travel Restrictions: A grant of parole in place does not allow the applicant to reenter the US if they leave. Leaving the US will terminate the parole. Even with advance parole there are risks involved in traveling outside the US and applicants should consult with an attorney before making travel plans.

Subsequent Immigration Petitions: A grant of parole in place does not automatically qualify someone for a green card. A qualifying family member must still file Form I-130 or Form I-360 on their behalf and they must meet all other requirements for adjustment of status.

Immigration Scams

Don’t get scammed. Only attorneys licensed in the US or accredited representatives can give you legal advice on immigration matters. Be cautious of websites, individuals or organizations claiming to be affiliated with USCIS. Never pay anyone over the phone or by email, and USCIS will never contact you through personal email.

Final Thoughts

The “Keeping Families Together” program is a big step by the White House towards family unity for noncitizen spouses and stepchildren of US citizens. But with the current legal challenges and stay in place, it’s important to stay informed and prepared. By knowing the process, eligibility and risks you can make smart decisions for your immigration journey.

Call Herman Legal Group for further information. We will give you the latest guidance and help you make the smart decision for you and your family.

By:  Attorney Richard T. Herman

Introduction

On June 18, 2024, President Joe Biden announced a landmark initiative aimed at preserving family unity among mixed-status families in the United States. This initiative aims to protect undocumented immigrants, particularly those who are part of mixed-status families. This initiative includes provisions for undocumented spouses and children of U.S. citizens through a process known as Parole in Place (PIP). This comprehensive article will delve into the specifics of this announcement, its implications, challenges, and the broader context within U.S. immigration policy.

Background and Context

Since assuming office, President Biden has prioritized addressing the broken U.S. immigration system. Despite ongoing partisan deadlock in Congress, the Biden administration has taken significant steps to secure the border and provide more lawful pathways for immigrants. This includes barring migrants crossing unlawfully from seeking asylum, deploying extensive resources to the Southern border, and dismantling human smuggling networks.

The latest initiative, building on previous efforts such as the DACA policy, Affordable Care Act coverage for DACA recipients, and family reunification programs, aims to further integrate long-term undocumented residents into the social and economic fabric of the nation by expanding lawful pathways. This policy is designed to protect undocumented spouses of American citizens from deportation, provide work permits, and offer a path to U.S. citizenship for eligible undocumented immigrants.

Details of the Biden Administration’s Announcement

Key Provisions

1. Parole in Place (PIP) for Family Unity

• The Department of Homeland Security (DHS) will implement a new process to allow noncitizen spouses and children of U.S. citizens to apply for lawful permanent residence without leaving the country.
• Eligibility criteria include having resided in the U.S. for at least 10 years as of June 17, 2024, being legally married to a U.S. citizen, and satisfying all applicable legal requirements. This initiative specifically targets undocumented spouses of U.S. citizens, providing them with a pathway to legal status.
• Those approved will receive a three-year period to apply for permanent residency and will be eligible for work authorization during this period, allowing them to obtain work permits and seek legal permanent status while living and working in the U.S.

2. Impact and Scope

• The initiative is expected to benefit approximately 500,000 noncitizen spouses and 50,000 noncitizen children.
• On average, eligible individuals have resided in the U.S. for 23 years.

3. Employment Visas for College Graduates

• Facilitating work visas for DACA recipients and other Dreamers who have graduated from U.S. institutions and have job offers related to their degrees.
• This action aims to utilize the skills and education of these individuals for the benefit of the U.S. economy.

Application Process and Fees

To participate in this program, eligible noncitizens will need to file a specific form with the United States Citizenship and Immigration Services (USCIS) to apply for legal status, along with supporting documentation. The exact application fee has yet to be determined, and additional details will be provided in an upcoming Federal Register notice.

On June 18, 2024, the White House introduced President Joe Biden’s comprehensive immigration initiative, the “Keep Families Together” plan. This policy aims to address significant gaps in the U.S. immigration system by providing new protections for undocumented spouses and children of U.S. citizens through Parole in Place (PIP) and offering work visa opportunities for DACA holders with college degrees. This article delves into the plan’s details, broader implications, and nuances that aren’t typically covered in mainstream media.

Key Components of the “Keep Families Together” Plan

Parole in Place for Undocumented Family Members

One of the most humane and impactful aspects of the “Keep Families Together” plan is the provision of Parole in Place (PIP) for undocumented spouses and children of U.S. citizens. This policy shift is designed to reduce the fear of deportation and ensure family unity.

1. Understanding Parole in Place: PIP allows certain undocumented family members of U.S. citizens to remain in the United States without fear of deportation. It grants temporary lawful status, enabling them to work legally and apply for permanent residency without leaving the country. This provision, previously available mainly to military families, is now expanded to include all U.S. citizen families under Biden’s plan.
2. Eligibility and Application Process: To qualify for PIP, applicants must be the spouse or child of a U.S. citizen, pass a background check, and demonstrate good moral character. The application process involves submitting documentation proving family relationships, identity, and other relevant details. This aims to be inclusive and straightforward, ensuring families can navigate it with ease.
3. Impact on Families: PIP provides immediate relief from the fear of deportation, allowing families to stay together and build their lives without constant anxiety. It also opens pathways to work and legal residency, giving undocumented family members the chance to contribute fully to society and plan for a stable future.

Work Visa Opportunities for DACA Holders

The Deferred Action for Childhood Arrivals (DACA) program has long been a lifeline for individuals brought to the U.S. as children. Biden’s new plan enhances this by offering specialized work visas for DACA holders with college degrees.

1. Specialized Work Visas: The plan introduces new work visas specifically for DACA recipients who have obtained a college degree. These visas are designed to leverage the skills and education of DACA holders, allowing them to work in their fields of expertise and contribute significantly to the U.S. economy.
2. Path to Citizenship: Beyond work authorization, the plan includes a pathway to citizenship for DACA holders who meet specific criteria, such as continuous residence in the U.S., a clean criminal record, and active community involvement. This pathway provides long-term stability and a sense of belonging for DACA recipients who have known the U.S. as their only home.

Nuances and Unspoken Realities

While the primary elements of the “Keep Families Together” plan are clear, several nuances and unspoken realities deserve closer examination.

Political and Social Implications

Implementing such an ambitious plan comes with political challenges. Immigration remains a deeply polarizing issue in the United States, and Biden’s plan is likely to face significant opposition from those advocating for stricter immigration controls. Balancing the humanitarian aspects of the plan with concerns about border security and illegal immigration will be a delicate task.

Moreover, the success of the plan will depend heavily on collaboration with various stakeholders, including state and local governments, non-governmental organizations, and international partners. Building these partnerships and ensuring alignment with the plan’s goals will be crucial for its effective implementation.

Cultural Shift in Immigration Policy

Biden’s plan represents a fundamental shift in the philosophy underpinning the U.S. immigration system. Moving away from punitive measures towards a more humane and supportive approach could set a new standard for global immigration policies. However, this shift will require significant changes in the culture and operations of immigration agencies, which may face resistance from within.

The focus on digitalization and automation, while promising, also presents challenges. Ensuring that these technologies are implemented effectively and do not inadvertently create new barriers for immigrants will be vital. Additionally, there will need to be safeguards to protect the privacy and security of immigrants’ data.

Legal and Political Challenges for Undocumented Immigrants

Potential Court Challenges

President Biden’s use of executive authority to implement Parole in Place is expected to face legal challenges. Critics may argue that this action exceeds presidential authority and constitutes de facto amnesty. Legal scholars and opponents will likely scrutinize whether the President has the power to unilaterally grant such protections without Congressional approval.

Several key legal arguments are likely to be raised in lawsuits challenging the plan:

1. Separation of Powers: Opponents may argue that the plan oversteps the executive branch’s authority, infringing on powers reserved for Congress. This argument will hinge on the interpretation of the executive branch’s discretion in enforcing immigration laws.
2. Equal Protection: Legal challenges may also focus on whether the plan provides equal protection under the law. This includes potential claims that the plan unfairly benefits certain groups (e.g., DACA holders with college degrees) over others.
3. Due Process: Ensuring that the plan’s implementation does not violate the due process rights of individuals affected by it will be a critical point of contention. This includes ensuring fair and transparent procedures for those seeking relief under the plan.
4. Federal vs. State Authority: The plan’s reliance on state and local cooperation could lead to disputes over the division of authority between federal and state governments. States that oppose the plan may challenge the federal government’s ability to mandate participation in its initiatives.

Historical Precedents

The authority to grant Parole in Place is not novel. Previous administrations, including those of Presidents George W. Bush and Barack Obama, have used similar executive actions to grant PIP to family members of military personnel. This historical precedent may play a crucial role in defending the legality of Biden’s initiative.

Broader Implications and Benefits

Family Stability and Economic Contributions for Mixed Status Families

By allowing noncitizen spouses and children to remain in the U.S., the initiative aims to alleviate the fears and uncertainties faced by mixed-status families. These families often live in constant fear of separation, which can lead to significant emotional and financial hardships. By promoting family unity, the initiative is expected to enhance the well-being of affected families and enable them to contribute more effectively to their communities and the economy.

Workforce Integration through Work Permits

Easing the visa process for high-skilled immigrants, including DACA recipients, will help address labor shortages in various sectors and ensure that the U.S. economy benefits from the talents and skills of individuals educated in American institutions.

Unintended Consequences and Criticisms

Potential for Fraud and Abuse

The initiative includes stringent measures to prevent fraud, including thorough background checks and vetting processes. However, the potential for fraudulent applications remains a concern, and USCIS will need robust enforcement mechanisms to maintain the integrity of the program.

Political Opposition

The announcement has already sparked significant political debate. While many advocates praise the move for its humanitarian and economic benefits, opponents argue that it undermines immigration enforcement and could encourage further illegal immigration. The administration will need to navigate these political challenges while implementing and defending the initiative.

Conclusion

President Biden’s announcement on June 18, 2024, represents a significant step toward reforming the U.S. immigration system by prioritizing family unity and integrating long-term undocumented residents into American society. While the initiative is poised to bring substantial benefits to many families, it also faces considerable legal and political hurdles. As the administration moves forward with these actions, ongoing dialogue and collaboration with Congress and stakeholders will be essential to ensure the program’s success and sustainability.

Contact the Herman Legal Group at 18008084013 for more information.

For more detailed information and to stay updated on the latest developments, visit the official government resources:

• U.S. Citizenship and Immigration Services (USCIS)
• Department of Homeland Security (DHS)

By Attorney Richard Herman

On June 18, 2024, the Biden administration is expected to introduce a transformative immigration plan that aims to provide protection and work permits to hundreds of thousands of undocumented immigrants. President Biden’s announcement of this plan, known as the Parole in Place program, is a significant development in U.S. immigration policy. It offers undocumented spouses and children of U.S. citizens a pathway to legal status and work authorization. This guide will detail the process of applying for parole in place, eligibility criteria, and the broader implications of the plan.

Overview of Biden Administration’s Anticipated New Immigration Plan

President Biden’s anticipated new immigration plan is likely to include several key provisions:

• Parole in Place: Grants temporary legal status to undocumented spouses and children of U.S. citizens. Administration officials have provided details about the eligibility requirements and benefits of the program.
• Work Permits: Provides eligible individuals with work authorization.
• Pathway to Permanent Residency: Creates a route to legal permanent residency (green card) and U.S. citizenship.
• Support for Dreamers: Expedites access to work visas for DACA recipients and other undocumented immigrants.

This plan offers a significant benefit by allowing eligible immigrants to apply for permanent residence, obtain work permits, and have a path to U.S. citizenship, all while keeping families together and contributing positively to the nation.

Eligibility Criteria for Parole in Place (“PIP”)

To be eligible for this anticipated parole in place program, eligible immigrants, including those who are undocumented and married to U.S. citizens, must meet the following criteria:

• Residency Duration: Must have resided in the U.S. for at least 10 years as of June 17, 2024.
• Marital Status: Must be legally married to a U.S. citizen by June 17, 2024.
• Exclusions: Individuals who have been previously deported or pose a threat to national security or public safety are not eligible.
• Additional Beneficiaries: Non-citizen stepchildren of U.S. citizens under the age of 21 are also eligible.

Step-by-Step Process for Applying for Parole in Place

Step 1: Determine Eligibility

Once the program is officially announced, and before starting the application process, ensure that you meet all the eligibility criteria listed above, including those specific to undocumented spouses of U.S. citizens.

Step 2: Gather Required Documentation

Collect all necessary documents to support your application. These may include:

• Proof of residency (e.g., utility bills, lease agreements).
• Marriage certificate.
• Proof of your spouse’s U.S. citizenship (e.g., birth certificate, naturalization certificate) if you are among the spouses of U.S. citizens.
• Any other relevant records that demonstrate your eligibility.

Step 3: Submit the Application

Submit your application to the Department of Homeland Security (DHS). Detailed instructions and forms can be found on the USCIS website.

Step 4: Attend Biometrics Appointment

You will be required to attend a biometrics appointment for fingerprinting and photograph. USCIS will send you an appointment notice with the date, time, and location.

Step 5: Attend the Interview (if required)

In some cases, you may be required to attend an interview. During the interview, an immigration officer will review your application and ask questions to verify the information provided.

Step 6: Await Decision

After your interview (if required) and submission of all documents, wait for USCIS to process your application. You will receive a decision by mail.

Step 7: Receive Parole in Place Status

If your application is approved, you will receive parole in place status, which grants you temporary legal status and the ability to apply for a work permit.

Step 8: Apply for a Work Permit

Once you have received parole in place status, you can apply for a work permit, which allows you to legally work in the U.S. while your application for permanent residency is being processed.

Step 9: Apply for Permanent Residency

Within three years of receiving parole in place status, you must apply for permanent residency (green card). After five years as a green card holder, you can apply for U.S. citizenship.

Timeline from PIP to Citizenship

1. Obtain Parole in Place Status: 3 years to apply for permanent residency.
2. Apply for Green Card: After receiving parole in place, apply for a green card.
3. Permanent Residency: Live in the U.S. as a green card holder for 5 years.
4. Apply for Citizenship: After 5 years, apply for U.S. citizenship.

Estimated Number of Beneficiaries

• Undocumented Spouses: 500,000
• Non-Citizen Stepchildren: 50,000
• Dreamers with DACA Status: Approximately 528,000

The new plan will also benefit hundreds of thousands of mixed-status families by providing temporary legal status, clearing roadblocks to obtaining permanent legal status, and offering relief from the risk of deportation.

Dreamers and DACA Holders

President Biden’s plan also includes provisions to support Dreamers and DACA recipients. These individuals, who were brought to the U.S. as children, will benefit from expedited access to work visas.

Eligibility for Dreamers and DACA Holders

• Educational Requirements: Must have earned a degree from a U.S. institution of higher education.
• Employment: Must have received a job offer from a U.S. employer in a field related to their degree.

Expedited Work Visas

DACA recipients who meet the eligibility criteria can apply for work visas, such as the H-1B visa, which is designed for high-skilled workers. This provision aims to ensure that individuals educated in the U.S. can contribute their skills to the American economy.

Economic and Social Benefits

Economic Impact

The new immigration plan is expected to positively impact the U.S. economy by allowing undocumented immigrants to work legally. This will:

• Increase tax revenues. Undocumented immigrants who have been in the United States for decades have been paying taxes and contributing to their communities.
• Reduce exploitation in the labor market.
• Help fill labor shortages in various sectors.

Family Unity

The primary goal of the parole in place program is to keep families together. By providing legal status and work permits, the program aims to prevent the separation of families due to deportation.

Legal and Social Stability

Providing legal stability to hundreds of thousands of undocumented immigrants will:

• Improve mental health and social integration.
• Reduce the constant fear of deportation.
• Enhance overall well-being.

Legal Considerations and Potential Challenges

Legal Challenges

As with many immigration-related executive actions, this new plan is likely to face legal challenges, particularly from states or groups opposed to immigration reforms. These challenges could impact the implementation and longevity of the program. Senior administration officials have discussed the potential legal challenges and how they plan to address them.

Case-by-Case Assessment

The parole in place program requires case-by-case assessments by the DHS, ensuring that only eligible individuals who do not pose a threat to public safety or national security are granted protection.

Temporary Nature of Parole Authority

It is important to note that parole authority is an executive power, and future administrations could potentially pause or alter the program. While the current plan offers significant benefits, its future remains uncertain. However, the long-term goal of the program is to provide a path towards permanent legal status for undocumented immigrants, particularly those married to U.S. citizens.

Conclusion

President Biden’s anticipated new immigration plan represents a significant step towards reforming the U.S. immigration system and providing much-needed relief to undocumented immigrants. By offering parole in place, work permits, and a pathway to citizenship, the plan aims to promote family unity, strengthen the economy, and provide legal stability to many individuals living in the shadows.

This comprehensive guide has provided an overview of the key aspects of Biden’s new immigration plan, including eligibility criteria, the application process, and the broader implications of this policy change. If you or someone you know may benefit from this program, it is crucial to stay informed and seek professional legal advice to navigate the complexities of the immigration system.

For detailed information, application forms, and updates, visit the USCIS website. For legal assistance, contact the Herman Legal Group at 18008084013.

Additionally, the Biden administration has emphasized the importance of securing the southern border as part of its broader efforts to fix the immigration system for families in America.

President Joe Biden is weighing potential executive actions to expand parole in place, which could provide temporary legal status to undocumented immigrants married to U.S. citizens. This potential parole in place rule aims to offer temporary status to many long-term U.S. residents, allowing them to gain deportation protection, work permits, and potentially a path to permanent legal status. The initiative, backed by advocacy groups, is designed to keep families together and bolster the economy.

The Biden immigration rule for spouses of U.S. citizens could significantly impact the lives of undocumented immigrants, offering them a chance to adjust status and integrate more fully into American society. By providing access to legal work permits and deportation protection, this rule would address some of the most pressing issues facing mixed-status families today.

Benefits of Parole in Place

Parole in place is a long-standing authority under Section 212(d)(5)(A) of the Immigration and Nationality Act, which allows the Secretary of Homeland Security to grant parole into the United States for urgent humanitarian reasons or significant public benefit. This authority has been used in the past to keep families together, notably with a similar program for military families. Expanding this to include spouses of U.S. citizens could provide significant public benefit by ensuring that more families remain united and economically stable.

Eligibility Requirements Announced

The potential new rule would allow undocumented immigrants to apply for temporary legal status. Many undocumented immigrants married to U.S. citizens are currently barred from obtaining legal immigration status due to illegal immigration factors such as illegal border crossings or visa overstays. By offering temporary legal status, the Biden administration aims to mitigate these barriers and provide a more humane and practical solution.

Under current immigration law, many immediate relatives of U.S. citizens, such as spouses, face significant hurdles in adjusting status. The potential parole in place rule would provide access to a legal pathway, helping these individuals overcome existing legal barriers. This change is seen as a critical step in providing immigration relief to those who have lived in the shadows for years.

Impact on Mixed-Status Families

Mixed-status families, where one spouse lacks legal immigration status, often face severe challenges, including the constant threat of deportation. The potential parole in place rule would offer much-needed relief, allowing these families to stay together and contribute more fully to American society. This would be particularly beneficial for American families with citizen spouses, as it would help stabilize their lives and improve their economic prospects.

Support from Advocacy Organizations

Several advocacy organizations, including those mentioned in the media, have expressed strong support for the potential parole in place rule. They argue that providing access to legal status and work permits for undocumented immigrants married to U.S. citizens is both humane and economically sensible. These organizations highlight the significant public benefit of keeping families together and reducing the number of people living without legal status.

Political and Economic Considerations

With the November elections approaching, President Joe Biden is under pressure from democratic lawmakers and advocacy organizations to implement meaningful immigration reforms. The potential parole in place rule could be a significant move in this direction, offering a balanced approach to immigration relief that addresses both humanitarian and economic concerns.

Critics of the potential rule warn of false promises if the official plan lacks clear guidelines and effective implementation. However, the White House spokesperson has assured that the plan will be detailed and fair, aiming to avoid past mistakes in immigration law reforms. The construction company sector, among others, could benefit from the expanded labor force as undocumented immigrants gain work permits and contribute more fully to the economy.

Real-Life Impacts

Consider the story of a Pennsylvania resident, Maria, whose Brazilian-born husband has lived in the U.S. for years without legal status. Under the potential parole in place rule, he could obtain temporary status and a work permit, providing much-needed stability for their family. Similar stories abound across the country, highlighting the urgent need for this reform.

Next Steps

The White House is expected to release an official plan soon, detailing the eligibility requirements and implementation strategies for the potential parole in place rule. Advocacy organizations urge those affected to stay informed and engaged with the process to ensure their voices are heard.

In conclusion, President Joe Biden’s potential parole in place proposal offers hope for undocumented immigrants married to U.S. citizens. By providing temporary legal status and work permits, it aims to create a more inclusive and just immigration policy. This initiative could transform the lives of many American families, providing a pathway to permanent legal status and fostering a stronger, more united nation.

Stay informed with the latest updates from advocacy groups and the White House.

Domestic violence, sexual assault, and child abuse are prohibited in the United States. The law protects everyone in the United States from abuse, regardless of race, color, religion, sex, age, ethnicity, or immigration status.

Foreign fiancé(e)s and spouses of U.S. citizens are not exempted from the protection of the law, hence the reason for enacting the International Marriage Broker Regulation Act (IMBRA or the Act).

IMBRA protects citizen fiancé(e)s and spouses by informing them of their legal rights and their sponsoring spouse’s criminal record or domestic violence background, among other things.

This is because most immigrants are vulnerable and unaware of US laws’. As a result, they remain in abusive relationships and live in fear.

This article will explain how foreign fiancé(e)s and spouses can get help if their relationship with a U.S. citizen becomes abusive.

IMBRA law | International Marriage Broker Regulation Act

The International Marriage Broker Regulation Act of 2005 (IMBRA) is pivotal in combating domestic violence and abuse by the U.S. government.

Abuse includes physical harm, forced sexual relations, emotional manipulation, and economic and immigration-related threats against noncitizens married or engaged to U.S. petitioners who have petitioned/sponsored them to immigrate to the United States.

Although women are the most commonly abused, men are also victims of domestic violence; the Act aims to protect all.

The key provisions of IMBRA are as follows:

Duty to provide a legal rights information pamphlet to the foreign fiancé(e)/spouse

In consultation with the Departments of State and Justice, as well as non-governmental organizations with specialized expertise, IMBRA requires the U.S. Department of Homeland Security (DHS) to create an information pamphlet about rights for foreign fiancé(e)s and spouses, which will be available to immigrant victims of domestic violence and other crimes.

Obligation to disclose the criminal background 

International Marriage Broker Regulation Act requires the Department of State to provide foreign fiancé(e)s /spouses of U.S. citizens with a copy of the criminal background check conducted by U.S. Citizenship and Immigration Services (USCIS) on U.S. citizens and a copy of the petitioner’s I-129F petition form.

While conducting the K visa interview at the US embassy, the consular officer is required to inform the foreign fiancé(e) or spouse that the information provided by the Department of State may not be complete and to inquire if an international marriage broker facilitated the relationship between the US petitioner and the foreign fiancé(e). If so, it is mandatory to ask if the international marriage broker complied with IMBRA by providing the required disclosures.

Duty to obtain written consent AND PENALTY FOR MISUSE OF INFORMATION

Generally, the USCIS should be informed by U.S. citizens if the foreign fiancé(e) or couple met through an international marriage broker.

Before providing the noncitizen’s contact information to the US client, the marriage broker must obtain the foreigner’s written permission.

The information provided cannot also be used for an unauthorized purpose; if used, the person faces a fine or imprisonment for up to one year, in addition to any other penalties imposed by state or federal law.

Limits placed on the number of fiancé(e)s visa petitions and Disqualification of the abusive partner

IMBRA limits the number of K-1 visas a U.S. citizen can apply for in their lifetime to two, except if a waiver is obtained.

The Act also prohibits U.S. sponsors from sponsoring multiple visas for foreign fiancé(e)s with a history of violent crime.

What are the legal rights of domestic violence victims in the United States?

Everyone in the United States is entitled to basic civil and criminal protections. Fiancé(e)s/ spouses of the US Petitioner have the following options:

• The right to obtain a protective order for themselves and their child(ren).
• The right to divorce or legal separation without the consent of the US sponsor.
• The right to divide jointly owned property and assets by the fiancé(e)s/spouses and the U.S. citizen.
• The right to request custody of the child(ren) and financial support.

To explore the options available, the foreign fiancé(e) can consult a family lawyer who works with immigrants. The victim can contact the police to obtain a protection order if a crime is committed.

Similarly, domestic violence subjects can seek a court protection order. Most courthouses, police stations, women’s shelters, and legal service offices accept applications for protection orders. Assistance can also be sort from the government or non-governmental organizations.

What is considered an international marriage broker?

International marriage brokers are a company that charges fees for matching U.S. citizens/permanent residents with foreign nationals. The organization may or may not be based in the United States. The Act aims to protect people throughout the relationship-brokering process.

Qualified international marriage brokers must provide the noncitizen (foreign fiance or spouse) with background information about the U.S. client who wishes to contact the noncitizen. The data includes information from federal and state sex offender public registries.

The agency must provide the noncitizen with a copy of the IMBRA information pamphlet explaining domestic violence and informing them of their legal rights in the United States. It is, however, illegal to contact noncitizens under 18.

In case of a violation or attempted violation of its obligations under IMBRA, the international marriage broker faces a civil penalty of $5,000 to $25,000 and a criminal penalty of up to five years in prison, in addition to any other penalties provided for under state or federal law.

Do victims of domestic violence, sexual assault, or other crimes have other immigration options?

For domestic violence, sexual assault, and other specific crimes, victims and their children have three immigration options. This advantage is that the application is made confidentially without the abuser’s knowledge.

• Self-petitions for legal status under the Violence Against Women Act (VAWA)

• Cancellation of removal under VAWA

• U-nonimmigrant status (crime victims)

What is an IMBRA waiver?

An IMBRA waiver allows a U.S. citizen to circumvent the IMBRA limit on the number of fiancé(e) visa petitions.

Suppose the U.S. citizen petitioner has filed two or more K-1 visa petitions or has had a K-1 visa petition approved within the last two years, a U.S. Petitioner may apply to the DOH for an IMBRA waiver to circumvent the limitations on the number of petitions a petitioner may file for a K-1 visa.

The waiver application will be denied if the US petitioner has a history of violent criminal offenses.

What are the penalties for marriage fraud?

Immigrants who commit marriage fraud may face deportation and be barred from receiving future immigration benefits in the United States. A conviction for marriage fraud can result in up to five (5) years in prison and a $250,000 fine.

How We Can Help You?

Do you need assistance navigating the complexities of immigration laws and procedures? We can assist you.

Contact the Herman Legal Group, a U.S. immigration law firm with over 26 years of experience representing individuals, families, and businesses in all aspects of immigration law in all 50 states and worldwide.

Call 1-216-696-6170 to make an appointment with one of Herman Legal Group’s experienced immigration lawyers or book online. Consultations can be held via zoom, skype, WhatsApp, facetime, or in-person.

Various visa categories allow nonimmigrants to work in the United States. The H-2B and H-2A visas are excellent examples, with the H-2B Visa allowing employers to temporarily hire nonimmigrants to perform nonagricultural labor or services in the United States.

The H-2A visa allows H-2A workers to perform temporary or seasonal agricultural labor or services that no U.S. workers are available. The H-2A program is rapidly expanding year after year, providing foreigners with the opportunity to work in the United States with their agricultural skills.

Although the two visa categories have some similarities, some significant differences will be discussed in this article.

H-2A visa: Temporary Agricultural Workers and H-2B visa: Temporary Nonagricultural Workers

In the H–2A visa category, the Immigration and Nationality Act allows for the lawful admission into the United States of temporary, nonimmigrant workers to perform agricultural labor or services of a temporary or seasonal nature.

In a nutshell, H-2A visas are for nonimmigrants who want to work in the agricultural sector in the United States for a limited time.

The H-2B nonimmigrant visa program allows U.S. employers to temporarily hire nonimmigrants for nonagricultural jobs in the U.S. The employment must be of a limited term, such as a one-time occurrence, seasonal need, peak-load need, or intermittent need.

The H–2B and H–2A visas allow foreign workers to work temporarily in the United States but different sectors. For example, the H-2A visa only allows nonimmigrants to work in the agricultural industry. This is not the case for the H-2B visa, which allows nonimmigrants to work in nonagricultural labor or services in the United States.

Before the United States, Citizenship and Immigration Services (USCIS) can approve an employer’s petition for H–2A and H–2B visas. The employer must file an application with the Department’s Employment and Training Administration (ETA) stating, among other things, that there are not enough workers who are able, willing, qualified, and available.

Also, the employment of aliens will not adversely affect the wages and working conditions of similarly employed workers in the United States.

Any U.S. employer who wants to hire H-2A and H-2B workers must first try to fill these positions with American workers.

H-2A and H-2B Program Process

The process for obtaining an H-2B and H-2A is similar in three steps. That process begins with obtaining a temporary labor certification, then submitting a petition for an H2 visa and, finally, the application for a visa.

Step 1: The employer/petitioner submits an application for temporary labor certification(TLC) to the U.S. Department of Labor (DOL) as the first step in the three-step process. The petitioner must first apply for TLC before requesting H-2A or H-2B classification from USCIS.

Step 2: The petitioner files Form I-129 with USCIS. After receiving a temporary labor certification from the DOL for H-2A or H-2B employment, the petitioner must file Form I-129 with USCIS and the TLC.

Step 3: After USCIS approves Form I-129, prospective H-2A or H-2B workers outside the U.S. must apply for a visa and admission to the U.S.

The application for an H-2A or H-2B visa through the U.S. Department of State (DOS) at a U.S. Embassy or Consulate abroad, and then seek admission to the U.S. through U.S. Customs and Border Protection (CBP) at a U.S. port of entry; or In cases where an H-2A or H-2B visa is not required, directly apply for admission to the United States in H-2A or H-2B classification with CBP at a U.S. port of entry.

How long can an H-2 visa holder stay in the United States?

The temporary labour certification generally states the authorized stay period for workers in the H-2A and H-2B categories with the possibility to extend the period of stay. In the H-2A or H2B classification, the maximum period of stay is three years.

Specifically, H-2A workers cannot work for more than a year unless there are exceptional circumstances, whereas H2B workers can work for more than a year if it is a one-time occurrence.

A person who has held H-2 nonimmigrant status for a total of three years must leave and remain outside the United States for three months before applying for readmission as an H-2 nonimmigrant.

However, if the time on the TLC has elapsed, there is a provision for an extension of the stay period; meanwhile, if the approval of the extension of the stay period would result in the worker staying for more than 3 years, the request will be denied.

H-2 Dependents and Extension of Stay Period

The good news about the H2 visa category is that those workers can bring their families with them to the U.S.

In other words, an H2 worker’s spouse and unmarried children under 21 may apply for admission in the H-4 nonimmigrant category for the same period of access or extension as the H–2B worker.

It is important to note that family members with H-4 status are not eligible for employment in the United States, but they can attend school.

Obtaining an H-4 visa for H2 dependents, the prospective H2 visa holder and dependents must apply for both the H-2 visa and the H-4 visa at the U.S. Consulate in their home country at the same time.

During the pendency of the new employer’s petition, H-4 dependents of H-2 workers face the same restrictions on stay and permission to remain in the country as the H-2 beneficiary. As a result, H-4 dependents can remain in the United States as long as the H–2 worker’s stay is authorized.

H-2A and H-2B Eligibility

H-2A Eligibility:

To be eligible for H-2A nonimmigrant status, the petitioner must meet the following criteria:

• Offer a temporary or seasonal job
• Show that there are not enough American workers who are able, willing, qualified, and available to do the temporary work.
• Demonstrate that prospective employees are nationals of an H-2A eligible country
• Demonstrate that employing  H-2A workers will not have an adverse effect on the wages and working conditions of similarly employed U.S. workers; and
• Submit a valid temporary labor certification from the US department of Labor with the H-2A petition

H-2B Visa Eligibility:

To be eligible for H-2B nonimmigrant classification, the petitioner must demonstrate:

• that there are insufficient American workers who are capable, willing, qualified, and available to perform the temporary work.
• The prospective employees are nationals of an H-2B-eligible country ( Note that the list of can be found on the H-2B Temporary Non-agricultural Workers page).
• Employing H-2B workers will not have a negative impact on the wages and working conditions of similarly employed American workers; and
• Its requirement for the prospective worker’s services or labor is temporary, regardless of whether the job is described as such. The employer’s requirement is temporary if a(n): temporary, one-time occurrence, peak load, seasonal need.

Employer eligibility for H2A and H2B classification is very similar, but there are some differences.

Both are specific to the job being temporary. Still, the temporary nature of the H2B visa must be a one-time occurrence, seasonal need, peak-load need, or intermittent need.

Temporary work is considered temporary for the H-2B program if it falls into one of the following categories:

• Seasonal need: a job is deemed seasonal if an event has traditionally been linked to a specific season of the year. The Petitioner/employer will be clear about the time when the service of the temporary worker would not be needed.
• One-time Occurrence: A one-time occurrence indicates that the employer will not require workers to perform the services or labor in the future, making it more of a one-and-done temporary job.
• Peak load need: The employer regularly employs permanent workers to perform services or work at the workplace, but the employer needs to supplement its permanent employees seasonally due to temporary positions/ events.
• Intermittent need: The employer does not have permanent or full-time workers to perform the services or labor but occasionally relies on temporary workers for short periods.

However, for the H2A visa, it can either be temporary or seasonal.

• It is seasonal if the employment is for a specific time of year by an event or pattern, such as a short annual growing cycle or a specific aspect of a larger cycle.
• To qualify as a temporary job, the employer’s need to fill the position must last no more than one year unless exceptional circumstances exist.

Annual limit for H–2A and H–2B 

The Immigration and Nationality Act imposes a statutory numerical limit on the number of H-2B Visas that can be issued in a fiscal year (INA). Congress has established a yearly cap of 66,000 H2B visas.

They are divided into two periods: 33,000 for workers starting in the first half of the fiscal year (October 1 – March 31) and 33,000 for workers starting in the second half of the fiscal year (April 1 – September 30), plus any unused numbers from the first half of the fiscal year.

The unissued number from one fiscal year, however, cannot be carried over to the next.

There is no annual visa limit for H-2A workers.

FAQs About H–2A and H–2B

How Much Does an H-2A Visa Cost?

The H-2A visa application fee is $460, not including the consulate fee. The visa fee is $190 if you need to apply for a U.S. visa at a U.S. embassy or consulate abroad.

How Much Does an H-2B Visa Cost?

The USCIS processing fee for an H-2B petition is $460 as of January 2021. The visa fee is $190 if you need to apply for a U.S. visa at a U.S. embassy or consulate abroad. Other fees may apply depending on your nationality.

Premium Processing Service is available for H-2B petitions for an additional fee.

How long can I stay in the U.S. with an H2A visa?

The stay period of H-2A workers is usually stated authorized on the labor certification (usually one year or less) unless the worker is allowed to stay for more than one year under special circumstances.

The maximum period of stay, however, is three years.

Could You Find Out How We Can Help You?

A little professional guidance can help you save money and time. As a result, please do not hesitate to contact the Herman Legal Group.

We are a multi-award winning immigration law firm founded in 1995 with extensive experience in all areas of immigration, including family, employment, investor, deportation defense, and citizenship.

To schedule a personal consultation with Attorney Richard Herman, call 1-216-696-6170, or book online. Consultations can be held over the phone, via Zoom, Skype, WhatsApp, Facetime, or in person.

There is a saying that “a person is more likely to become a U.S. President (1 in 10 million) than to win the lottery”.

But, don’t worry, chances to win an H-1B lottery are not that low for those who meet specific requirements.

Moreover, we are here to encourage you to participate in the H1B lottery for the year 2023, and since the opening date is approaching, we are equipping you with up-to-date information to help you get prepared.

Advance planning is essential and this article can help you get ready for form submission by March when the registration period starts so you can ensure on-time filing and, hopefully, get your petition approved.

What is an H-1B Lottery?

H-1B lottery acts as a “random selection process” used to select a sufficient number of H-1B applicants from a larger pool of potential employees.

Through the lottery selection process, USCIS intends to select enough employees to meet the H-1B Annual Cap.

Each year there is a fixed number of H-1B visa slots available (total around 85K) for new applicants.

If U.S. Citizenship and Immigration Services USCIS receives more than 85,000 applicants applying for an H1B visa in a year, then the H1B Lottery process takes place for the fiscal year.

Unlike just buying a ticket to participate in the lottery, the USCIS lottery has different rules: a prospective employee who wants to move to the United States and employers seeking to hire such professional using the H 1B visa lottery needs to meet some requirements.

A CAP number limits the number of H-1B petitions available per fiscal year:

•  There are 85,000 visas in total;
• 20,000 are reserved for those with a master’s or doctorate held in the United States.

Also, it should be noted that the fiscal year ends on September 30 of each year and starts in October.

Who Can Participate in H-1B Lottery for FY 2023?

As we mentioned above, not anyone can use the lottery selection process to come to work in the United States or employ an immigrant worker on this visa.

An H-1B visa is intended for foreigners offered a job by a U.S. company because the company couldn’t fulfill the position with a U.S. professional.

This means it is necessary to prove that the position intended for the foreigner was first offered to U.S. professionals during the visa application process.

Only if U.S. candidates do not possess the required qualifications for the job, the position can be offered to a foreigner.

As you may conclude, when foreign nationals intend to apply for an H-1B visa, they need to get an offer from the U.S. company to sponsor the visa application before USCIS.

Therefore, The H-1B visa is aimed at a specialized workforce that is not easily found in the U.S. and to the employees who would perform services in:

1. A specialty occupation
2. Services of exceptional merit and ability (relating to a Department of Defense cooperative research and development project)
3. Fashion industry (as a fashion model of distinguished merit or ability).

Since the foreigner needs to have particular experience in their field, to fit the term of specialized labor and be eligible to apply for the H1B visa, the professional must:

• Have the necessary training and skills to apply their knowledge theoretically and practically when exercising the offered position
• And hold a bachelor’s degree or a diploma of higher-level related to the activities to be developed in this position (in this sense, the Labor Department will understand that this professional can perform the activities described in the vacancy).

H-1B Specialty Occupations

Requirements:

• Theoretical and practical application of highly specialized knowledge; and
• A bachelor’s degree or higher in the specific specialty (or its equivalent)
  • A U.S. bachelor or master’s degree from an accredited college or university;
  • It can be a foreign degree, as well, if it is the equivalent to a previous one;
  • A degree is not mandatory if a person possesses an unrestricted state license, registration, or certification.

H-1B2 DOD Researcher and Development Project Worker

Requirement:

• A bachelor’s or higher degree, or its equivalent.
  • A U.S. bachelor or master’s degree from an accredited college or university;
  • It can be a foreign degree, as well, if it is the equivalent to a previous one;
  • A degree is not mandatory if a person possesses an unrestricted state license, registration, or certification.

Additionally, a petitioner has to enclose to the petition one of the following:

1. A verification letter from the DOD project manager proving:
   1. The engagement on cooperative research and development projects or
   2. The engagement on a co-production project under a reciprocal Government-to-Government agreement administered by DOD.
2. A general description of duties and the dates of the employment;
3. A statement showing:
   1. The names of currently employed noncitizens on the project
   2. Dates of their employment
   3. The names of previous noncitizens whose employment ended within the past year.

H-1B3 Fashion Model

The position or services require a fashion model of prominence, and only fashion models of distinguished merit and ability are eligible for this visa category.

How to Participate in the Lottery for H-1B Petitions FY2023?

Starting in 2020, USCIS implemented an electronic registration process. The electronic registration process is for U.S. companies that want to register a foreign employee.

The U.S. employer simply needs to submit basic information about the potential employee. Once selected in the lottery, a complete petition is then filed to get a H 1B visa for the employee.

Before 2020, the process required employers to submit a complete petition to register an employee for the lottery.

Now, the process is more user-friendly and reduces the administrative burden for the agency.

In the past, USCIS should have handled physical packages of thousands of petitions that could not be selected or analyzed.

H-1B Lottery Timeline FY 2023

According to the USCIS Alert announced on January 28, important dates to follow (in the first selection round) are:

1. February 21: Employers can create my USCIS account which they will use for registrations of beneficiaries electronically for the selection process
2. March 1: USCIS begin accepting registrations at noon Eastern
3. March 18: The initial registration period closes at noon Eastern
4. March 31: After USCIS conducted a random selection process, it will notify account holders about the results.

H-1B Lottery Caps FY2023

USCIS takes into consideration historical data related to approvals, denials, revocations, and other relevant factors. This data helps USCIS to calculate the number of registrations needed to meet the H-1B cap for a given fiscal year.

As mentioned above, there are two categories of H-1B visas:

• Regular
• Master Cap

The current annual cap is 85,000 H-1B selected registrants.

But, the reserved numbers are not the same for each cap.

Instead:

• The regular annual limit is 65,000, out of which 6,800 petitions are reserved for Singapore and Chile Free trade agreement
• H-1B Master’s cap is 20,000

If you want to know what data USCIS uses to determine the annual cap, visit the H-1B Cap Season page.

Cap Exempt

The H-1B lottery is not the only route to obtaining H-1B status. Some employers or companies can hire foreign nationals through H-1B visas without going through the H1B lottery process.

These employers are usually referred to as cap-exempt H-1B employers.

Cap-exempt refers to jobs exempt from the annual cap on immigration workers with an H-1B visa.

This exemption allows a foreigner to obtain sponsorship from a U.S. employer even if every regular visa is taken.

In general, cap-exempt positions are available to institutions of higher learning, nonprofits associated with higher education, and nonprofit research or government organizations.

These visas have no annual limit, no specific filing dates, and required employment start dates.

H-1B Lottery Fees

USCIS believes that the new electronic pre-registration system for the lottery should reduce its costs, but also, it should reduce the overall cost for petitioners.

Each sponsoring company can send only one registration per professional during the Electronic Pre-Registration, and the fee for participating is 10$.

H-1B Electronic Registration Process

Since the H-1B cap electronic registration process was well-received by users in the past years, USCIS continues to use this strategy in 2022, as well.

Here is an overview of the H-1B visa registration process:

1. Create an account: H-1B employers or their representatives have to create an online account to process the registration. It is highly recommended to complete this process during February before USCIS begins accepting registrations. USCIS will allow registrants to create my USCIS account starting from February 21.
2. Get a confirmation number: H-1B employers intending to sponsor H-1B new employees will first electronically register through the online account for each immigration employee during the registration period, from March 1 to March 18. After registering, they will receive a confirmation number.
3. USCIS determines whether lottery takes place for the fiscal year: In case the number of registered potential employees exceeds the annual H-1B cap, USCIS will randomly select a number of registrants projected to reach the FY2023 H-1B cap- using the H-1B Lottery process.
4. USCIS conducts selection: USCIS will conduct registration selection, indicating that petitioners are eligible to file H1B and issue selection notice to registrants by March 31.
5. First selection round: After the first selection round, employers will have 90 days to file H-1B cap petitions.
6. Second filing period: In case by the end of the first filing period in March USCIS has not received enough registrations required to reach the annual H-1B cap, there may be subsequent filing periods until all the visa numbers are allocated.

How to Register H-1B Lottery?

To submit an H-1B registration, a U.S. employer must first create a USCIS online account that will be used to submit registrations. Note that after you select the “I am an H-1B registrant” account type, you will not be able to add additional information until the initial registration period opens.

Experienced employers may not need an attorney to help them register potential employees. Still, for others, it is good to know that the USCIS registration portal allows representatives to create an account and register beneficiaries on behalf of U.S. employers. So if you think that you might need a lawyer, contact Herman Legal Group.

What Happens Next?

Submitting Petitions

After the lottery (that takes place after the initial registration period closes on March 18), if the professional is eventually selected, employers will submit their petitions to USCIS for processing.

Paying the Fee and Filing Supporting Documents

Besides, employers have to pay appropriate registration fees and submit supporting documentation. The deadline for paying the fee and submitting additional documentation is usually 90 days, or USCIS may establish the deadline.

The Approval

After USCIS selected your petition, your employee gets an H-1B visa, meaning that the beneficiary’s start date will be in October of the same year.

Second Registration Period

If there wasn’t a sufficient number of selected registrants, USCIS will open the second round. Additionally, it is possible that in the second semester, H-1B petitions that weren’t previously selected may take the place of those who were previously selected but had their petition denied or did not submit their visa application.

Common Mistakes

As the economy continues to expand, it is expected that more employers will file H-1B petitions for their potential employees this year. But besides being “the lucky one”, first you need to make sure that you did the registration appropriately.

If you decide to submit the application on your own, be aware of two common mistakes people make:

• Creating the wrong type of account and
• Entering the same beneficiary more than once and

There are three account types:

1. Applicant/petitioner/requestor account – used only for preparation and filing applications, petitions, or other benefit requests, but not to prepare or submit H-1B registrations.
2. Attorney/representative account – for attorneys or accredited representatives submitting H-1B registrations on behalf of a prospective petitioner.
3. Registrant account – for prospective petitioners who wants to participate in the H-1B registration process.

It’s not unusual for employers and companies to create the wrong account. In that case, USCIS intends to take out of consideration registered employees which results in losing the chance to participate in the selection.

On the other side, as we previously mentioned, employers can file only one form per employee. If the employer enters the same beneficiary more than once, USCIS will remove all registrations submitted for that beneficiary. Furthermore, you will not be able to appeal such invalidation.

Here is the video about H-1B Visa Lottery FY 2022

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Do I Need A Lawyer?

To avoid any undesirable scenario and ensure on-time filing and proper form submission, you should consider hiring an immigration attorney. An experienced immigration lawyer will lead you through the process and raise the chances to get your petition approved.

Richard Herman and his team of immigration lawyers have extensive experience in providing services in the field of immigration law and have helped clients from all around the globe to get immigrant and nonimmigrant visas and bring their families to the U.S., as well. Also, we speak more than 12 different languages, so since March is just around the corner, call us now to request your consultation.

Related Post:

• Form H-1B to Marriage Green Card
• L-1 Visa vs H-1B Visa Comparison
• The Labor Condition Petition (LCA) for H-1B Workers
• H-1B Visa: The Complete Guide
• H-4 Visa Status for Dependents of H-1B workers
• Changing Jobs in Midstream: H-1B Portability
• The H-1B to Green Card Transition Through PERM Labor Certification

Our Clients Success Stories

• Analyst from India Receives H-1B Approval
• Software Engineer Receives H-1B

Most foreigners who come to the U.S. may not have the intent to stay permanently, return to their home country.

But, it’s not uncommon for nonimmigrants to fall in love and marry a U.S. citizen or a green card holder while they are on H-1B status in the U.S. If the same applies to you and you are thinking about filing a marriage-based green card application, we have good news: you can apply for a green card to permanently ensure your stay in the U.S. and continue working and living with your loved one.

The process of getting a green card as an H-1B visa holder might be complex, so it’s important to understand differences that will mostly depend on whether your spouse is a U.S. citizen or a green card holder.

But, before we dive in: bear in mind that having an attorney’s support can speed the green card application process up and prevent you from making mistakes and losing the opportunity to get the green card. The green card process might seem complicated, but we can help you turn it into an unforgettable experience! Whatsmore, the green card also gives you a pathway to U.S. citizenship.

What Is H1-B Visa?

As you can guess from its name, a green card based on employment is initiated by a U.S. employer who wants to sponsor an employee for permanent resident status to work in the United States.

The H-1B falls under a nonimmigrant work visa category that is intended for foreign workers for specialty jobs that require a bachelor’s degree or equivalent.

Sponsoring workers to get the green card through employment costs money to the U.S. employer, so it is typically reserved for well-educated employees having skillsets, not in strong supply on the U.S. workforce market.

Transitioning from the H-1B visa to a Green Card

Unlike some other visas, to receive your green card through transition from an H-1B, your U.S. employer has to initiate it. U.S.-based companies that sponsor foreign workers for employment visas are typically held for green card sponsorship.

An employee can obtain an H-1B green card through a rigorous process passing three phases.

Phase 1: Obtaining PERM Labor Certification

The employer must file a PERM application. The PERM stands for Program Electronic Review Management with the U.S. government. The purpose of the PERM process is to ensure that:

• The current pool of U.S. workers has no one qualified, available, and willing to perform the open position; and
• The offered salary is reasonable in the current labor market.

The other purpose of the PERM labor certification is to protect U.S. workers and the H-1B green card applicants from artificially lowered wages.

Phase 2: Filing I-140

After filing the PERM application, the employer now must file one more form to request an employment-based visa, I-140, Immigrant Petition for Alien Workers. After successfully filled, the employee or the beneficiary gets a “priority date” stating “the place in line.”

The H-1B holder must maintain lawful immigration status. If their I-140 petition (labor certification) was filed a year before the beginning of their exemption from the normal 6-year limit, H-1B workers could request an extension of their status in one-year increments.

Phase 3: Filing Form I-485

After U.S. Citizenship and Immigration Services USCIS approved Form I-140, and a visa is available, the H-1B holder may adjust status to permanent residence status. The employee must continue to live inside the United States and be in valid immigration status. He or she can adjust status by submitting I-485, Application to Register Permanent Residence.

The H-1B is one of two visas considered a dual intent visa, which means that the H-1B holder can travel without abandoning their adjustment of the status case based on marriage as long as they:

1. Didn’t use their advanced parole to formally “enter” the U.S., and
2. Didn’t begin to use their work authorization with their employer.

Discussing the future with Employers

Although there are many foreign workers in the United States, not all employers may commit to offering an H-1B worker a green card sponsorship.

At the beginning of the worker’s contract, the employers will assess their skills, how committed they are, whether they benefit the company, etc. Sometimes, it can take years before discussing the possibility of a green card petition with their employers. Once the employer is satisfied, they may offer to noncitizens to sponsor their petitions.

However, keep in mind that if your employer offers you the sponsorship a few months before the expiration date of your H-1B visa, it may be too late. So, ideally, you should find out if your employer is willing to sponsor your green card application by starting their sixth year on an H-1B.

Benefits of H1-B Visa

The H1B is a dual-intent and nonimmigrant temporary visa, meaning holders are eligible to apply for a green card.

Whatsmore, they can do it without leaving the United States, and government officials won’t suspect them having misrepresented their intentions when they first arrived.

The H-1B does not make you eligible for permanent residence automatically. Besides the employment-based path for H-1B holders, various ways lead to a marriage based green card through the H-1B green card process.

The H-1B is genuinely a flexible visa, as it can be used to travel before receiving advanced parole. For most other visa categories, the adjustment of status would be abandoned entirely if the visa holder traveled without advance parole, such as if the applicant had an O-1  visa.

If you are a foreigner working in the United States on an H-1B, you may stay for up to six years. When your H1-B expires, you must depart the United States and return to your home country, or have an employer who wants to sponsor you for permanent residence (green card).

If you are on an H-1B, there are no legal restrictions to get married to a U.S. citizen as long as you comply with U.S. laws.

Moreover, as an H-1B holder, you can apply to adjust status or go toward the marriage based green card through other pathways without affecting your status.

Green Card application Fees

High costs are associated with transitioning from an H-1B to a green card that may discourage U.S. employers from sponsoring their workers. Still, also noncitizen workers should pay some of the fees themselves.

The fees for a green card application form H1-B include:

• $2,000 to $5,000 PERM certification application submission, handled by the employer
• $580 fee for submitting I-140, usually paid by the worker
• $1,070 fee for submitting I-485, also paid by the worker

Whatsmore, there could be some additional costs, such as hiring an attorney. Many H-1B workers decide to hire an attorney because they find understanding the U.S. immigration law challenging to follow and want to make sure their applications are correctly filled.

How to Obtain a Marriage Green Card While you Hold an H1-B visa?

As we mentioned above, the H-1B visa is a “dual-intent” visa which means that holders can use it to come and work in the United States even while they’re seeking permanent residence.

In other words, H-1B visa holders apply for green cards from the United States without being suspected of having misrepresented intentions when they arrived.

If you are not sure whether your U.S. employer will initiate the green card application process and you are married to a U.S. citizen or green card holder, you can apply for the green card based on marriage. Some factors will affect your green card application here as well: the application process and the H-1B the green card time will depend on whether you’re married to a U.S. citizen or a green card holder.

Two Paths to a Green Card

As we stated in the beginning, there are two paths to switching from the H-1B to the green card, depending on whether your spouse is a U.S. citizen or a lawful permanent resident.

Path 1: Your spouse is a U.S. citizen

Spouses of U.S. citizens have a more straightforward route to a marriage green card. They start the process by filing the required USCIS forms.

Two forms to file

To start the process, there are two USCIS forms that an H-1B holder has to file:

• The family sponsorship form, I-130, to establish a relationship between you and your spouse, and
• The green card application, I-485, to request a green card.

To save time and speed the process, you can file both USCIS forms at the same time through the process known as “concurrent filing.”

After submitting Form I-485, you can obtain a travel permit if you plan to have any trips outside the United States.

If you do not have a travel permit but leave the U.S. at one moment while your green card application is still processing, the U.S. government will consider you to have abandoned your green card application. In this scenario, you will need to restart the process and go all over again.

How To Get a Work Permit?

The application process can take some time, so you should apply for a work permit, as well. This application is officially called the “Employment Authorization Document,” or EAD. You can file EAD at the same time with your green card application, and in about 150 days, you’ll receive the approval of your work permit.

If you do not receive a work permit and your H-1B visa expires, you’ll have to stop working and continue after receiving work authorization again.

Path 2: Your spouse is a green card holder

H-1B holders seeking a marriage-based green card to a lawful permanent resident need to pass a bit more complicated process. Whatsmore, the processing time can be longer.

Required Forms

H-1B holders married to green card holders also have to file two USCIS forms:

• Form I-130, Family Sponsorship Form, to establish their relationship
• Form I-485 to request a green card.

Can Green Card Holders Use Concurrent Filing?

The main difference is that spouses of green card holders can’t use concurrent filing as spouses of U.S. citizens, making the process much longer. In other words, you will have to submit the family sponsorship form and wait to receive a visa number.

Once your immigrant visa category priority date is current, you will be able to submit your marriage green card application.

The waiting period to receive your green card after submitting the family sponsorship form before continuing can be up to two years.

Travel Permit

Like spouses of U.S. citizens, spouses of green card holders can also apply for a work permit after filing I-485.

How to Get a Work Permit?

H-1B visa holders who are married legal permanent residents can also apply for a work permit at no extra cost.

But, be aware that the work permit application (Form I-765) can only be filed alongside your actual green card application. You will remain in the U.S. and work on an H-1B visa until you submit your marriage-based green card application.

This can cause problems if you reach the 6-year maximum on your visa before becoming eligible to apply for a green card. In your visa expires, you will have to leave the United States and use “consular processing” to continue the green card application.

How Long Does It Take to Switch from an H-1B to a Marriage Green Card?

As we mentioned above, the timeline for getting a marriage-based green card will depend on whether you’re married to a U.S. citizen or green card holder:

Spouses of U.S. citizens usually need to wait between 10 and 13 months to receive their green card.

The waiting time for spouses of green card holders is 29–38 months

However, the state you live in can also impact your wait time because not all field offices have the same processing time.

Also, remember that if your marriage is less than two years old when you will receive a conditional green card with two years of validity.

How An Attorney Can Help you Become a Permanent Resident?

Immigration paperwork for the green card application can be complex and confusing.

The marriage-based green card process may last for a long time. No matter if you are married to a U.S. citizen or a green card holder that will determine your pathway to the green card from H1-B and eventual U.S. citizenship, there are many reasons why hiring a lawyer from the first phase can be conducive and can save you time and money.

Richard Herman is our attorney who can support you on your way to transition from H1-B or other visa categories to the green card, and hopefully U.S. citizenship. We have been helping our clients to bring their families to the U.S. for more than 20 years.

Your lawyer will support you in preparing your green card application, fulfilling USCIS forms by reviewing the evidence you have, and eventually by preparing you for the interview with the USCIS officer. Also, your lawyer will monitor the whole process paying attention that no mistakes are made to get your green card as soon as possible.

Also, we speak more than 12 different languages, so call now to request your consultation!

A Complete Guide to B-1 B-2 Visa to Marriage Green Card

كيف يمكن الانتقال من حاصل على تأشيرة سياحية إلى بطاقة خضراء قائمة على الزواج؟

كيف يمكن الانتقال من حاصل على تأشيرة سياحية إلى بطاقة خضراء قائمة على الزواج؟
خوض علاقة عن بعد ليس بالأمر الهيِّنِ خاصة في ظروف عالمية لا يمكن التنبؤ بها كمان هو الحال في ظرف جائحة كورونا.
تم إغلاق كافة الحدود سنة 2020 و أصبحت مغادرة البلد شيء مستحيل بالنسبة للعديد من الناس، و عدم القدرة على زيارة الأحبة زاد من صعوبة الأمر.
إن كان أحد اقاربك مواطن أمريكي أو مقيم شرعي دائم بالولايات المتحدة فانك حتمًا بصدد البحث عن الحلول والإجراءات التي عليك إتباعها من أجل الاجتماع به بعد زواجكما.
الحصول على تأشيرة الهجرة قد يتطلب العديد وقتًا طويلاً لذلك فإن كنت حاصل على تأشيرة سياحية و تريد زيارة زوجك أو زوجتك في الولايات المتحدة فيجدر بك التفكير في إمكانية الزواج بواسطة تلك التأشيرة و من دون مغادرة البلد.
من أجل بدء الإجراءات مع أفضل محامي في هذا المجال إتصل بمكتبنا بواسطة السكايب او الواتس اب أو زوم إن كنت خارج حدود الولايات المتحدة أو الإتصال بنا مباشرة على الرقم التالي:
1-216-696-6170

ملخص حول تأشيرات B1 و B2

تأشيرات B1 و B2 تندرج ضمن فئة التأشيرات لغير المهاجرين و هي عادةً تناسب هؤلاء الغير مؤهلين للحصول على الإعفاء من الحصول على تصريح بالسفر عبر البرنامج الإلكتروني أو الراغبين في الحصول على تأشيرة طويلة الأمد. حيث تخول تأشيرات B1 و B2 للحاصلين عليها بدخول الولايات المتحدة من أجل السياحة أو العمل و البقاء لمدة ستة أشهرٍ.
تأشيرة B1 خاصة برحلات العمل و تأشيرة B2 السياحية تمنحك امكانية زيارة أقاربك بالولايات المتحدة أو القيام برحلات.
تأشيرة B1/B2 صالحة لمدة 10 سنوات.

ما الذي يمكن فعله بواسطة تأشيرة B1 B2؟

تمكنك هذه التأشيرة من السفر إلي الولايات المتحدة بالإضافة إلى ما يلي:

• تعدد الدخول
• زيارات عمل وزيارات سياحية
• ضور مقابلة السفارة المطلوبة

كما تمكن هذه التأشيرة الأشخاص الذين وقعو بحب مواطنين أو مقيمين شرعيين بالولايات المتحدة من الزواج منهم.

الزواج بصفتك حامل تأشيرة B1 B2؟

يتسائل العديد من المواطنين الأجانب الذين تربطهم علاقات بمواطنين أو مقيمين شرعيين بالولايات المتحدة عن إمكانية الزواج و تعديل وضعهم و البقاء داخل الولايات المتحدة بصفتهم حاملي تأشيرات سياحية.

بصفتك حامل تأشيرة سياحية، يمكنك تعديل وضعك عبر التقدم بطلب لدى دائرة خدمات الهجرة والمواطنة الأمريكية.
كما يمكنك التقدم بطلب لدى القنصلية أو السفارة الأمريكية ببلدك و اتباع الإجراءات اللازمة للحصول على البطاقة الخضراء.
يمثل هذا الدليل تفسير مفصّل حول كلتا الطريقتين بالإضافة إلى أمثلة حول أكثر الأخطاء الشائعة التي عليك تجنبها.

زمن عقد الزواج

عند مراجعة دائرة خدمات الهجرة والمواطنة لقضيتك قد تقوم بالإطلاع على زمن عقد زواجك. إن تم ذلك بعد فترة قصيرة من دخولك للولايات المتحدة فقد تعتزم أن الزواج مزيّف وأن الغاية منه الهجرة للولايات المتحدة فقط. 

ومن ناحية أخرى، إن قمت بدخول الولايات المتحدة بهدف الزواج ثم عدت إلى بلدك الأصلي يصبح زمن عقد زواجك لا صلة له بدخولك للبلد.

الفرق بين تعديل الوضع و معالجة الإجراءات من قبل القنصلية؟

قبل أن نواصل علينا الإطلاع على الفرق الأساسي بين جميع طرق و إجراءات الحصول على البطاقة الخضراء.

تعديل الوضع هو إجراء يمكن اعتماده من قبل مقدمي الطلبات الموجودين بالفعل داخل حدود الولايات المتحدة 

من ناحية أخرى، المعالجة من قبل القنصلية إجراء يعتمد من قبل مقدمي الطلبات الموجودين خارج حدود الولايات المتحدة، مهما كان اختيارك للطريقة التي تريد اتباعها فإن التقدم بطلب الحصول على البطاقة الخضراء قرار بعيد المدى.

غياب نية المهاجرة

مثل العديد من تأشيرات غير المهاجرين، يتطلب الحصول على تأشيرة B1 و B2 غياب نية الهجرة. أي أن لا ينوي مقدم الطلب البقاء في الولايات المتحدة.

و لذالك، عليه إثبات نيته بالعودة إلى بلده بعد إتمام رحلته.

يعد إعتماد و استغلال صلاحية تأشيرات B1 و B2 لغير غايتهما ( الغاية من تأشيرة B1 هو العمل والغاية من تأشيرة B2 هي السياحة) يعد نوعًا من أنواع التحيّل و خرق لشروط التأشيرة.

ماذا يحدث إن قمت بإعتماد تأشيرات B1 و B2 فقط للزواج في الولايات المتحدة؟

الزواج من مواطن أمريكي بغاية الحصول على البطاقة الخضراء و حالة مقيم دائم فقط يعد سوء سلوك يمكن أن يندرج عنه رفض طلب الحصول على البطاقة الخضراء و مشاكل هجرة على المدى الطويل. 

عادة ما يكون الزواج من مواطن أمريكي خلال زيارتك للولايات المتحدة أمرًا قانونيًّا إن عدت لوطنك عند نهاية رحلتك و لكن لا يعني ذلك عدموجود مخاطر.

قد لا يصدق موظفو الحدود نواياك و بإمكانهم تطبيق مبدأ “التعجيل بالإزالة” و منعك من الدخول و وضع قرار بالترحيل في شأنك. و هو مايمنعك من دخول الولايات المتحدة مجددًا لعدة سنوات.

و لذاك الخيار الأنسب يكمن في إعتماد تأشيرة الخطوبة K-1 من أجل السفر للولايات المتحدة و زيارة حبيبك أو حبيبتك و الزواج بالرغم من أن ذلك الإجراء قد يستغرق وقتًا أطول.

تأشيرة K-1 للنية المزدوجة

على غرار معظم التأشيرات المؤقتة تمنح تأشيرة النية المزدوجة المواطنين الأجانب إمكانية البقاء في الولايات المتحدة بصفة مؤقتة بنية الهجرة للولايات المتحدة بصفة دائمة.

إن أراد مواطن أجنبي تعديل وضعه كمقيم دائم بإعتماد تأشيرة لغير المهاجرين قد يؤدي ذلك إلى مشاكل هجرة طويلة الأمد.

قد يجب معظم الأشخاص صعوبة في التأهل للحصول على تأشيرة من صنف غير المهاجرين خاصة و ان تم العثور على أي دليل يثبت نية الهجرة.

إثبات غياب نية الهجرة 

بعض التأشيرة التي تندرج ضمن تأشيرات غير المهاجرين قد تتطلب إثبات ما يلي:

أن مقدم الطلب لا ينوي البقاء في الولايات المتحدة بصفة دائمة

أنه لم يتخلى عن الإقامة الأجنبية

أن زيارته للولايات المتحدة بصفة مؤقتة فقط

عند معالجة طلب الحصول على تأشيرة من فئة غير المهاجرين قد يقوم الضابط بتقييم العوامل التي تدفع مقدم الطلب إلى العودة لبلده و تلك التي قد تغريه للبقاء في الولايات المتحدة.

العوامل التي قد ينتبه إليها مسؤول الهجرة 

من أجل تحديد نية مقدم الطلب قد يقوم مسؤول الهجرة بالإطلاع على ما يلي:

العلاقات الشخصية و العائلية التي تربطه ببلده

العمل و العلاقات المهنية في بلده و الفرص المهنية التي قد تغريه في الولايات المتحدة

الممتلكات مثل السيارات و الحسابات البنكية و الاستثمارات و العقارات الأخرى في كل من البلدين 

الروابط الاجتماعية و الثقافية 

المجهود الذي تم بذله سابقًا من قبل مقدم الطلب من أجل الحصول على صفة مقيم دائم بالولايات المتحدة بالإضافة إلى الاختراقات والمخالفات المتعلقة بالهجرة 

مدى مصداقية و شفافية هدف القدوم إلى الولايات المتحدة و تطابقها مع رغبته في الحفاظ على إقامة رئيسية في البلد الأصلي.

قاعدة التسعون يوم للحاصلين على تأشيرات B1 و B2

تحديد إعتماد تعديل الحالة أو التقديم عبر القنصلية قد يكون أمرًا معقّدًا. و قد يقوم أحيانًا الحاصلون على تأشيرات من فئة B1 و B2  تعديل الحالة للحصول على البطاقة الخضراء.

ولكن قد يتعرض الحاصلون على تأشيرات B1 و B2 إلى التدقيق والتحقق الشديد من قبل موظفي الجمارك وحماية الحدود بالولايات المتحدة وذلك لتعبيرهم بوضوح عن نيته بمغادرة الولايات المتحدة قبل انتهاء صلاحية التأشيرة.

إن قام مواطن أجنبي بالبقاء في الولايات المتحدة و بدء إجراءات تعديل الحالة قد يتم استجوابهم حول تظليلهم للنوايا عند دخولهم للولايات المتحدة منذ البداية.

إن قام أحد موظفي دائرة خدمات الهجرة و المواطنة أنك كذبت، قد يتم رفض طلبك في الحصول على بطاقة خضراء و إلغاء تأشيرتك المؤقتة. ويعتبر حاملي التأشيرات المؤقتة الذي قاموا بتقديم طلب الحصول على البطاقة الخضراء في غضون 90  يومًا من وصولهم إلى الولاياتالمتحدة أنهم قاموا عمدًا “بتضليل النوايا”. لذلك عليك أن تكون على علم و دراية بكافة تفاصيل قاعدة التسعون يومًا المعتمدة من قبل دائرة خدمات الهجرة و المواطنة من أجل تجنب الوقوع في موقف كهذا.

طريقتين للحصول على البطاقة الخضراء

بصفتك حامل تأشيرة B1/B2 يعتمد طريقك نحو الحصول على البطاقة الخضراء على زواجك إما من مواطن(ة) أمريكي(ة) أو من حامل(ة) للبطاقة الخضراء.

إن كان زوجك أو زوجتك مواطن أمريكي

إن كنت متزوج من مواطن(ة) أمريكي(ة) و تخطط للتقديم للحصول على البطاقة الخضراء و تعديل الوضع عليكما تقديم النموذجين التاليين: 

النماذج التي يجب تقديمها من قبل كل من الزوجين:

1. نموذج I-130 (رعاية عائلية أو “التماس لقريب أجنبي”) – يتم تقديمه من قبل زوجك او زوجتك بصفته مواطن أمريكي. 
2. نموذج I-485 (طلب الحصول على البطاقة الخضراء – أو “طلب تسجيل الإقامة الدائمة أو تعديل الوضع”) – يتم تقديمها من قبل الزائر الحاصل على تأشيرة B-1/B-2. 

و يمكنك تقديم كل من النموذجين في نفس الوقت و بصفة متزامنة.

زواج مبني على الصدق و حسن النية

طالما أن زواجك من مواطن أمريكي صادق و مبني على حسن النية و الحب من المفترض أن تتلقى بطاقتك الخضراء في غضون 10 أو 13 شهرًا. و عند تقديم طلبك ستتلقى استدعاء لحضور مقابلة من أجل إثبات صدق زواجك للسلطات الأمريكية.

إن كان زوجك حامل للبطاقة الخضراء

1- نموذج I-130 (“التماس لقريب أجنبي”). عند الموافقة عليك الانتظار للحصول على رقم تأشيرة وبعد ذلك التقديم للحصول على بطاقة خضراء بناءًا على الزواج. حيث لا تكون أرقام التأشيرات متوفرة مباشرة لأزواج حاملي البطاقات الخضراء.

2- إن توفر رقم التأشيرة الخاص بك: 

3- يمكنك البقاء في الولايات المتحدة قبل انتهاء فترة صلاحية تأشيرتك. في هذه الحالة عليك اتباع نفس إجراءات البطاقة الخضراء التي يتبعها أغلب الأزواج للمقيمين في الولايات المتحدة و إستخدام نموذج I-485. بعد قبول طلبك من قبل الأطراف المعنية ستصل بطاقتك الخضراء في غضون 29 و 38 شهرًا.

4- بعد انتهاء صلاحية تأشيرتك عليك مغادرة الولايات المتحدة و إتباع الإجراءات المعتمدة من قبل القنصلية في بلدك الأصلي. بعد قبول طلبك من قبل الأطراف المعنية ستصل بطاقتك الخضراء في غضون 23 و 32 شهرًا.

هل أنت بحاجة إلى محامي هجرة؟

ان وقعت بالحب و تنوي الزواج عند قدومك للولايات المتحدة، يعتبر توكيل محامي بارع منذ بداية الإجراءات أمرًا في غاية الأهمية و بإمكانه التأثير على نجاح قضيّتك بصفة كبيرة.

فريق هيرمان القانوني له خبرة شاسعة في جلب أزواج المواطنين الأمريكيين و المقيمين الشرعيين و أفراد عائلاتهم إلى الولايات المتحدة. يتولى محامو فريقنا جميع الوثائق و المستندات و تقديم نصائح واستشارات حول طريقة التعامل مع الإجراءات و إرشادك خلال المرحلة الانتقالية عبر تأشيرات لغير المهاجرين و تأشيرات المهاجرين وصولاً الى الحصول على الجنسية الأمريكية. 

  فريق هيرمان القانوني يوفر جميع خدمات الهجرة القانونية و بإمكانه مساعدتك عند ملء الاستمارات الأساسية والتأكد من دخولك للولايات المتحدة بواسطة تأشيرة صالحة و خوض مرحلة الحصول على البطاقة الخضراء بشكل سليم. لا تقلق بإمكانك أن تثق محامو الهجرة لدى فريق هيرمان القانوني. نظرًا لاحترامنا الكبير للعلاقات التي تربط المحامون بالعملاء نحن نهتم بشكل خاص بضرورة الحفاظ على سرية المعلومات و البيانات التي تقدمها لنا.

و بعد الاستشارة، سيقوم محامي الهجرة الخاص بك بتصميم إستراتيجية فريدة و خاصة بقضيتك و وضعك و مساعدتك في تجهيز الوثائق و المستندات و الاستمارات اللازمة لتقديم طلب البطاقة الخضراء الخاص بك. 

كيف يمكنك الحصول على إستشارة قانونية؟

إن كنت تتسائل عن الوقت المناسب لتوكيل محامي، فنحن نأكد لك أن أفضل وقت هو الآن! حيث غالبًا ما يقع البعض في أخطاء كان من الممكن تجنبها بسهولة إن تم إرشادهم من قبل محامٍ مختص. 

وجود محامي هجرة مختص إلى جانبك خلال كافة الإجراءات سوف يمكنك من توفير الوقت و الاهتمام بوضع خطط الزواج. يمكنك الحصول على المزيد من المعلومات حول الحصول على البطاقة الخضراء في المدونة.

يرجى الانتباه إلى أن المعلومات الواردة ضمن هذا الموقع ليس نصائح قانونية. من أجل الحصول على إستشارة قانونية تنطبق على حالتك يرجى الإتصال بنا و تحديد موعد للتواصل مع المحامي الذي سيقيّم قضيتك و يصمم الإستراتيجية التي تناسبك.

للتواصل معنا يرجى إعتماد إحدى المنصات التي تناسبك مما يلي: 

سكايب، زوم، واتس اب، إن كنت خارج حدود الولايات المتحدة أو يمكنك الإتصال بنا مباشرة على الرقم التالي:

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