Columbus Immigration LLC

03/24/2020

Another critical issue: COVID-19 and unemployment for non-immigrant visas (E, L1, H1-B, O1)

COVID-19 and the resulting mandatory shutdown of many businesses brings down the questions about unemployment benefits.

It is a matter of State Law versus Immigration Law.
Many states allow unemployment benefits even to foreign nationals, as long as they are authorized to work in the U.S. This may seem in direct conflict with USCIS regulations which makes working a condition of valid status in the U.S.

Even though this is paradoxical, if it became necessary for someone in a temporary visa status to apply for unemployment benefits then he can do so.

However, one must be aware of the consequences of doing so since it could make applying for an extension of nonimmigrant status very difficult and one may have to apply for a renewal through a consular processing instead.
It is to be noted that for those in H-1B, the employer is always subject to paying the prevailing wage (DOL's rule) and going on unemployment would be in contradiction of that.

Attention: for any specific advice regarding your case, please reach out to your counsel and look for the state law applicable to your location.

03/23/2020

This is a question we get a lot these days:

Can one stay in the US as a foreign national?

A foreign national in a temporary visa classification must at all cost avoid overstaying the end date of his I-94.

Any person who overstays by 180 days or more and then leaves the country cannot return to the U.S. for three years. It is thus imperative that an extension petition be submitted before the current end date or that the individual leave the country in a timely manner in the event an extension petition cannot be filed. An application for adjustment of status (within a green card process) filed before the 180 days after the end date on the I-94 have expired will also keep the foreign national in lawful status.
immigration

03/20/2020

Suspension of the premium processing:

U.S. Citizenship and Immigration Services today announced the immediate and temporary suspension of premium processing service for all Form I-129 and I-140 petitions until further notice due to Corona

03/12/2020

Today President Donald J. Trump signed a Presidential Proclamation, which suspends the entry of most foreign nationals who have been in certain European countries at any point during the 14 days prior to their scheduled arrival to the United States. These countries, known as the Schengen Area, inclu...

03/30/2018

First bunch! Best of luck to all H1b visas applicants and thank you to the great Columbus team!

04/18/2017

We will review in detail the most commonly used U.S. visas (non- immigrant and immigrant) available to the business community. The presentation shall be followed by a Q&A where we will be able to answer any questions you may have as regards U.S. immigration as well as discuss the changes that may ar...

04/18/2017

MEET THE EXPERT
Visas & Green Cards:
actual and potential changes
Thursday, April 27th - 5:30 PM - 7:30 PM
REGISTER NOW

ABOUT THE TOPIC

We will review in detail the most commonly used U.S. visas (non- immigrant and immigrant) available to the business community. The presentation shall be followed by a Q&A where we will be able to answer any questions you may have as regards U.S. immigration as well as discuss the changes that may arise in case of a possible new regulation.

ABOUT THE SPEAKER

Isabelle Marcus founded the company, Columbus Immigration in New York in 2005 on the principle of creating a new type of business services hub with a core expertise in business U.S. immigration law along with a personal and tailored approach to each client’s project. Being a native of France, where she used to work in the Entertainment industry, she perfectly understands the challenge it represents for foreigners to work and reside in the United States. As such, in her capacity as CEO of the now extended Columbus Consulting group, she guides and assists CEOs and their employees, entrepreneurs and artists through the intricacies of the U.S. immigration system and the intense path and strategy of their business relocation in the United States with a presence both on the East and West coasts of the United States.

04/18/2017

The H1B computer-generated random selection (or lottery) has been processed!

USCIS announced on April 7, 2017, that it has received enough H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year (FY) 2018. USCIS has also received a sufficient number of H-1B petitions to meet the U.S. advanced degree exemption, also known as the master’s cap.

USCIS received 199,000 H-1B petitions during the filing period, which began April 3, including petitions filed for the advanced degree exemption. On April 11, USCIS used a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and the 20,000 cap under the advanced degree exemption. USCIS will reject and return all unselected petitions with their filing fees, unless the petition is found to be a duplicate filing.

The agency conducted the selection process for the advanced degree exemption first. All unselected advanced degree petitions then became part of the random selection process for the 65,000 cap.

As announced on March 3, USCIS has temporarily suspended premium processing for all H-1B petitions, including cap-exempt petitions, for up to six months

04/07/2017

http://immigrationimpact.com/2017/04/07/h1b-cap-2017/

U.S. employers are vying for the chance to hire skilled foreign workers, but once again, the annual H-1B cap has been reached within five business days.

04/07/2017

WASHINGTON - U.S. Citizenship and Immigration Services has reached the congressionally mandated 65,000 visa H-1B cap for fiscal year 2018. USCIS has also received a sufficient number of H-1B petitions to meet the 20,000 visa U.S. advanced degree exemption, also known as the master’s cap.

USCIS will continue to accept and process petitions that are otherwise exempt from the cap. However, please keep in mind USCIS suspended premium processing April 3 for up to six months for all H-1B petitions, including cap-exempt petitions

03/31/2017

H1B-cap petitions on the way! A big thanks to the Columbus team!

03/31/2017

On Monday April 3, H-1B visa petitions will be accepted for the new fiscal year.

This popular visa, much appreciated by the tech industry, allows skilled foreigners to work in the U.S.

Last year, the cap of 85,000 H-1B visas was reached less than a week after the application period opened up. During that time, 236,000 petitions were submitted. Since the demand continues to exceed the supply, the H1B visas will this year again be awarded through a computerized lottery system.

PREMIUM PROCESSING: according to USCIS, premium processing filings accounted for 59% of the total H-1B filings in 2016. However, USCIS has temporarily freezed that option from April 3. Delays are therefore be expected!