In recent years, the H-1B visa program has become a battleground between competing political ideologies. With ongoing debates about immigration and job displacement, the future of H-1B visas has grown uncertain, particularly with the resurgence of political figures like Donald Trump. The tension between tech leaders like Elon Musk, who advocates for highly skilled immigrant workers, and political factions advocating for American job protection presents a challenge for immigrants and businesses. For companies seeking to hire foreign talent, especially in fields such as technology and engineering, the H-1B visa program is a critical pathway for filling key positions. However, changes in government policies and evolving political rhetoric can make the visa application process more challenging than ever. At KAASS LAW, we are dedicated to helping businesses and highly skilled workers navigate the complex landscape of securing H-1B visas, ensuring that both meet their immigration and employment needs.
The H-1B visa program allows U.S. companies to temporarily employ foreign workers in specialty occupations that require specialized knowledge and skills. These occupations typically include fields such as information technology, engineering, medicine, and academia, where highly skilled professionals are in demand. Each year, U.S. Citizenship and Immigration Services (USCIS) caps the number of H-1B visas issued, with limited spots available through a lottery system. For foreign workers seeking these coveted visas, the process can be daunting. For businesses, securing H-1B visas is essential to remaining competitive on a global scale. Companies like Tesla, Apple, and Google rely on the program to bring in talented professionals from around the world. According to recent reports, tech companies filed tens of thousands of H-1B visa applications in 2023 alone. However, as political rhetoric around immigration heats up, the fate of the H-1B program hangs in the balance.
Political figures, particularly those associated with the "America First" movement, have taken a critical stance on H-1B visas, arguing that foreign workers displace American citizens from jobs and drive down wages. During his presidency, Donald Trump implemented measures to restrict the H-1B visa program, including higher scrutiny of applications, increased fees, and executive orders that temporarily halted the issuance of new visas. On the other hand, tech giants like Elon Musk have championed the role of immigrant workers in driving innovation and maintaining the United States' position as a global leader in technology and industry. Musk has been vocal about the necessity of foreign talent, highlighting the contributions of immigrants in building cutting-edge technology and developing breakthrough innovations. For Musk, the debate over H-1B visas is about employment numbers and maintaining the U.S.'s competitive edge in global markets.
For many immigrants seeking to work in the United States, the H-1B visa is a lifeline to professional advancement. It allows them to bring their unique skills to American companies and contribute to the nation's economy. However, recent changes in policy, such as increased scrutiny of visa applications and heightened enforcement of labor certification requirements, have made it more difficult for both workers and employers to navigate the process successfully. As political tensions rise, the H-1B visa program restrictions could have far-reaching consequences. Tech companies may struggle to find qualified workers, slowing innovation and growth. On the flip side, foreign nationals seeking to advance their U.S. careers may face roadblocks that prevent them from obtaining visas. For workers and employers, this uncertain political climate creates an environment where the need for experienced legal counsel is more important than ever. Navigating the visa application process can be complicated, and minor errors can result in delays or denials. This is where KAASS LAW comes in.
At KAASS LAW, we understand the critical role that the H-1B visa plays in both the professional lives of immigrant workers and the success of U.S. businesses. Our team of experienced immigration attorneys is well-versed in the complexities of the H-1B visa process. We are committed to helping our clients successfully navigate the system, regardless of the political climate. Whether you're an employer looking to hire foreign talent or a skilled worker seeking employment in the U.S., KAASS LAW can assist with every step of the H-1B visa process:
The H-1B visa application process involves multiple steps, including obtaining labor certification from the Department of Labor, filing petitions with USCIS, and ensuring the employer and the employee meet all eligibility requirements. We guide employers and employees through the process, ensuring compliance with U.S. immigration laws and minimizing the risk of application delays or denials.
he current political environment subjects H-1B visa petitions to increased scrutiny. We can assist in gathering the necessary documentation, ensuring your petition is as strong as possible.
In many cases, USCIS may issue a Request for Evidence (RFE) when reviewing an H-1B visa application. An RFE can delay the approval of a visa and, if not addressed correctly, can result in a denial. KAASS LAW has a strong track record of successfully addressing RFEs and providing additional documentation and legal arguments to support our clients' petitions.
H-1B visas are initially granted for up to three years, with the possibility of extension for an additional three years. However, extending or renewing an H-1B visa can be just as complex as the initial application.
With the political landscape constantly shifting, it’s essential to stay informed about new developments in U.S. immigration law. KAASS LAW remains up to date on all changes to the H-1B visa program.
The debate over the future of the H-1B visa program shows no signs of slowing down. In this uncertain environment, it’s more important than ever for foreign workers to have experienced legal counsel on their side. At KAASS LAW, we are dedicated to helping our clients navigate the complexities of the H-1B visa process, ensuring that businesses can continue to access the global talent they need to thrive and that skilled workers can pursue their professional goals in the United States. If you’re seeking assistance with securing an H-1B visa, contact us today to learn how we can help you.
Explore the Adjustment Process for U.S. immigration, including timelines, fees, eligibility, and common challenges. Learn how to navigate the Green Card application efficiently.
Adjustment of status is a process through which individuals in the U.S. on a temporary visa can become lawful permanent residents without needing to return to their home country for visa processing. This option is typically available to individuals who qualify through family, employment, or humanitarian programs like asylum.
The timeline for adjustment of status varies depending on factors such as processing backlogs and the applicant’s eligibility. Here's a typical overview:
In regards to Alien Smuggling and Harboring Illegal Aliens, under Title 8 of the United States Code Section 1324 any of the following acts or attempts of these acts are illegal:
According to Subsection 1324(a)(1)(A)(i) it is illegal for any person to knowingly and intentionally bring or attempt to bring into the US an alien at any place other than an official point of entry to the country, such as an airport, port or land immigration checkpoint. The crime is applicable to both aliens who are in the country with the US permission and to those who have entered illegally.
According to Subsection 1324(a)(1)(A)(ii) it is illegal for any person to transport or move an alien within the US by any means of transportation, with knowledge or reckless disregard of the alien’s unlawful immigrations status.
According to Subsection 1324(a)(1)(A)(iii), it is illegal for any person to conceal, harbor, or shield from detection or attempt to conceal, harbor, or shield from detection an alien in any place, including buildings or means of transportation with knowledge or reckless disregard of the alien’s illegal immigrations status.
Vehicle Code 23152(a) VC governs the crime of operating a motor vehicle “under the influence” of alcohol. In California motorists charged with driving under the influence can even be charged with a DUI, the blood alcohol concentration was below 0.08%. It should also be noted that if you have been charges with a DUI, there are two governmental bodies that are generally involved and require hearings; that is the DMV and the Courts. The DMV case is extremely time sensitive, and if not fixed immediately, will result in an automatic suspension of your driver’s license. A Driving under the influence conviction generally can result in costly fines, required attendance at alcohol-education classes, suspension or revocation of your driver’s license, probation, placing an ignition interlock device in your car, and even jail or prison time depending on the facts of the case.
California DUI charges can result in driver’s license suspensions, sometimes even on a first DUI. Our DUI attorneys in Glendale, CA have the ability to extend your driver’s license privileges and aggressively fight the DMV case to protect your license. It is critical to act quickly so you do not miss the deadline to demand a DMV hearing. If the deadline is missed it is likely that the DMV will automatically suspend your license.
Starting from January 29, 2018, U.S. Citizenship and Immigration Services (“USCIS”) gives priority to most recent affirmative asylum applications when scheduling asylum interviews. This interview scheduling approach is known as “last in, first out” interview scheduling.
The “last in, first out” interview scheduling approach was introduced in 1995 and was in place until 2014 when USCIS switched to the “first in, first out” approach. Pursuant to the “first in, first out” approach, USCIS was giving priority to oldest asylum applications. This approach turned out to be not very efficient and resulted in an unprecedented backlog of asylum cases. In the majority of asylum offices new asylum applicants had to wait for years for their asylum interviews. As a result, many frivolous asylum applications were filed because the applicants were able to obtain employment authorization within six (6) months from filing their applications and to legally work for years until the scheduling of their asylum interviews.
The Immigration and Nationality Act (“INA”) gives an opportunity to US Citizens and lawful permanent residents to bring their children to the Unites States. US citizens can sponsor both their married and unmarried children. However, the unmarried children under twenty-one (21) fall under the category of immediate relatives who are exempt from numerical quotas applicable to other family based preference categories. The question whether the child falls under the category of immediate relatives is extremely important because if immediate relatives can obtain their green cards within less than a year, children of US citizens, falling under one of the preference categories, will have to wait at least seven (7) years depending on their country of citizenship and marital status. Lawful permanent residents can only sponsor their unmarried children who fall under the Second Preference – spouses and unmarried sons and daughters of permanent residents. However, children under twenty-one (21) of permanent residents have certain privileges compared to children who are twenty-one (21) or older. First of all, seventy-seven percent (77%) of available visas in the second preference category is allocated to spouses and unmarried sons and daughters under twenty-one (21) of permanent residents. INA § 203(a)(2). Additionally, seventy-five percent (75%) of visas issued to spouses and unmarried children under twenty-one (21) of permanent residents is not subject to the per country limitations. Id. § 202(a)(4)(A). As a result, if children under twenty-one (21) of permanent residents can obtain their green cards within less than two (2) years, children who are twenty-one (21) or older will have to wait at least seven (7) years depending on their country of citizenship. As it can be seen, the age of the child is crucial for both the petitions filed by US citizens and permanent residents. There is a possibility that although the petition is filed while the child beneficiary is under twenty-one (21) he will be twenty-one (21) or older at the time of adjudication of the petition.
Only certain number of H-1B petitions can be approved each year. There is an annual limit for new admissions in the H-1B category. An H-1B number must be available at the time of adjudicating a new petition, and USCIS will not approve an H-1B petition once the annual cap has been reached.
Only 65,000 new H-1B petitions can be approved each fiscal year. However, it should be noted that this number is reduced under the US-Singapore and US-Chile Free Trade Agreements. Under these agreements, 6,800 H-1B numbers shall be available for citizens of Chile and Singapore each fiscal year. Hence, the actual annual cap is not 65,000 but 58,200. If any part of the number set aside for Chile and Singapore is not used during a fiscal year that number is added to the general annual cap for the next fiscal year. It is also worthy to mention that only initial H-1B petitions are subject to the annual cap. Petitions for sequential employment, concurrent employment, extensions of stay, and amended petitions are not counted against the gap.
There is an exemption from H-1B annual cap for 20,000 foreign employees with advanced degrees from US universities. To fall under this exemption, the foreign employee must have a master’s or higher degree from a US university. A master’s degree is a degree for which a bachelor’s degree in any field is required. The place of the specific degree in the academic hierarchy of degrees should be considered in order to determine whether it qualifies as a master’s or higher degree or not. If the petition qualifies for another exemption, in addition to the advanced degree exemption, officers shall apply the exemption that does not include numerical limitations before applying the advanced degree exemption.
Several fees are associated with the adjustment of status process, including:
Additional fees may apply if the applicant needs to file forms for work authorization (Form I-765) or travel authorization (Form I-131). The full breakdown of USCIS fees can be found on their official fee schedule.
To qualify for adjustment of status, applicants must meet several key requirements:
If you're unsure whether you meet the eligibility criteria, it's best to consult an immigration attorney. Our blog on waivers of inadmissibility explains eligibility issues and inadmissibility.
Several challenges can arise when applying for an adjustment of status:
We have detailed more about potential challenges in our blog on U.S. immigration interviews and what to expect.
USCIS may require an interview as part of the adjustment process, especially in family-based cases. This is a crucial step, and the immigration officer will verify the information provided in your application. Preparation tips include:
For more tips on preparing for your interview, check out our blog post on U.S. immigration interviews.
Applicants often ask whether they can work or travel while their Form I-485 is pending. To work legally, you can apply for employment authorization (Form I-765); to travel outside the U.S., you will need advance parole (Form I-131). It’s important not to leave the U.S. without advance parole, as it may result in your application being considered abandoned. Our blog on advance parole and work permits during pending Green Card applications covers this topic more fully. Adjusting your immigration status is a significant step toward permanent residency in the U.S. At KAASS LAW; we offer personalized legal guidance to ensure you understand every aspect of this process, from eligibility to interview preparation. Our team is ready to help you avoid pitfalls and confidently move forward with your application. For personalized assistance with your adjustment of status or any other immigration matters, contact KAASS LAW to schedule a consultation.
According to Subsection 1324(a)(1)(A)(iv) it is illegal for any person to encourage or induce an alien to come to, enter, or reside in the US, with knowledge or reckless disregard of the fact that such coming to, entry, or residence is a violation of law.
According to Subsection 1324(a)(1)(A)(v) it is illegal for any person to engage in a conspiracy to commit or aid and abet the commission of any of foregoing crimes.
According to Subsection 1324(a)(2), it is illegal for any person to bring or to attempt to bring an alien into the US with knowledge or reckless disregard that the alien was not authorized to come to, enter or reside in the country.
According to Subsection 1324(a)(3)(A) it is illegal for any person, during any twelve-month period, to knowingly hire at least ten individuals with knowledge that these individuals are unauthorized aliens.
According to federal law to convict the defendant under Title 8 of the United States Code 1324(a)(1)(A)(i) the prosecutor must establish that the defendant had knowledge or recklessly disregarded that the person brought to the United States was an alien.
Penalties for human smuggling and harboring illegal aliens are as follows.
Penalties for Alien Smuggling include
Death penalty can be applicable in case the defendant’s actions causes death.
Penalties for Unlawful Employment of Aliens:
For Any Further Inquires, Contact KAASS LAW
If convicted of a DUI in Court, while the driver would have full driving privileges, the DMV will require the installation of an ignition interlock device, which is the breathalyzer device for several month period. Typically, probation is for three years and is also known as "informal" or "summary probation" on a first time DUI offense. Summary probation means that it is “non-reporting probation".
A criminal conviction in California, even for a first time DUI offense can have negative consequences on immigration status. For instance, a DUI offense can trigger deportation requirements and other immigration difficulties. Winning your case instead of being convicted can often mean staying in the United States instead of being deported. Therefore, hiring an experience Glendale DUI defense lawyer may mean the difference of keeping your immigration status or suffer adverse consequences. Our goal in DUI cases is to first attempt to seek a dismissal. If that does not work, we seek to reduce charges and all punishment.
It is imperative that you hire the best Los Angeles DUI attorney to ensure you get the best possible defense. Our Glendale criminal defense lawyers have handled numerous cases. If you have been accused of a DUI, contact one of our Glendale DUI attorneys at (310) 943-1171. It is important to have a defense attorney that you can trust. It is imperative not to speak with investigative authorities without seeking legal counsel first in these situations.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, San Bernardino, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
The major reason for returning to the “last in, first out” approach is to deter the filing of frivolous asylum applications just for obtaining employment authorization. According to the new policy, USCIS will give priority to the most recently filed affirmative asylum applications. This approach will allow USCIS to identify non-meritorious asylum applicants and to place them in removal proceedings. The risk of being placed in removal proceeding might discourage people from filing a frivolous asylum application.
According to the website of USCIS affirmative asylum interviews will be scheduled in the following order of priority:
If you or someone you know has questions with respects to seeking for asylum or filing for an asylum application, please feel free to give our office a call. Our Los Angeles immigration attorney provide a free no obligation immigration consultation. speak English, French, Spanish, Russian, Armenian, and Italian.
Recently arrived foreigners with fear to return to their home countries shall definitely be happy with the “last in, first out” policy as they will not have to wait for years in order to have their cases heard by an immigration officer. On the other side, applicants with already filed cases might have to wait for several years until their asylum interviews. Only time will show the effectiveness of the new policy for scheduling affirmative asylum interviews.
KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office. KAASS LAW helps clients in: Los Angeles, Burbank, Hollywood, Glendale, Van Nuys, North Hollywood, Studio City, Highland Park, Eagle Rock, Sunland, Tujunga, Sylmar, La Crescenta, La Canada, Beverly Hills, Westwood, Santa Monica, Brentwood. Pacoima, Montebello, Commerce, Alhambra, Downey, Bell, Maywood, Walnut Park, Vernon, Lynwood, Echo Park, Silverlake, Mission Hills, Northridge, Woodland Hills, Encino, Canoga Park, North Hills, Porter Ranch, Chatsworth, Reseda.
The Child Status Protection Act (CSPA) amended the Immigration Nationality Act (INA) qualifications for the term "child" for purposes of an immigrant. This allows beneficiaries to maintain classification as a “child,” even if you reached the age of 21.
The CSPA protect immigration classification as a "child" when the person aged out due to excessive processing times. “Child” is defined as an individual who is unmarried and under the age of 21.
Under the CSPA,“child” status is protected for:
Adjudicators must determine whether the beneficiary qualifies as an immediate relative child based on his age on the date of filing the immigrant visa petition on his behalf. Id. § 201(f)(1). As such, the date when the US citizen parent files the immigration petition for his child, the Form I-130, determines whether the child falls under the category of immediate relatives or not. This means that although the child may turn twenty-one (21) after filing the immigration petition on his behalf, he will always qualify as an immediate relative as long as he is not married. The date of filing the petition is the date when the Form I-130 is filed with the United States Citizenship and Immigration Services.
Immediate relatives qualify for age out protection if the I-130, Petition for Alien Relative was filed by a U.S. citizen parent for his or her child, the beneficiary’s age “freezes” on the date of filing. If the I-130 petition was filed by a parent that has permanent resident status and received his or her naturalization status before the child turns 21, the child's age “freezes” on the date the petitioner naturalized.
Adjudicators shall determine whether the beneficiary qualifies as a child under twenty-one (21) of a lawful permanent resident by using the following formula: the age of the child on the date on which an immigrant visa number becomes available minus the number of days during which the petition for the child was pending. Id. § 203(h)(1). If the child is under 21 after using this formula he will benefit from the age-out protection provision of INA. The immigration petition is considered to be pending from the date of filing the petition until the date of approval. It should be noted that the beneficiary may benefit from the age-out protection only if he seeks to acquire a status of a lawful permanent resident within one (1) year after the availability of an immigrant visa number. Id. The age-out protection provisions of the INA are intended to protect the children of US citizens and lawful permanent residents who turn twenty-one (21) after filing the immigration petition on their behalf. Hence, if the child of a US citizen or a lawful permanent resident will turn twenty-one (21) soon they should try to file the immigration petition before the child turns twenty-one (21) in order to benefit from the age-out protection provisions.
In order to be eligible for CSPA age out protection the "child":
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During the recent years the annual H-1B cap is usually reached within a few days after the start of the filing season. USCIS decides which H-1B petitions will be approved by conducting a lottery. The petitions received within 5 business days after the start of the filing season can participate in the lottery. USCIS first conducts lottery for petitions subject to the advanced degree exemption. After that USCIS conducts lottery for petitions subject to the regular cap. Petitions not selected during the first lottery participate in the second lottery as well.
In addition to the US advanced degree exemption, there is also an exemption for employees of certain organizations. Particularly, petitions filed by institutions of higher education, affiliated or related nonprofit entities, nonprofit research organizations, or government research organizations are exempt from the annual cap. Third party petitioners can also claim this exemption if the H-1B employee will perform job duties at the qualifying organization and directly and predominantly further the essential purposes of the qualifying institution.
As it can be seen, the annual number of available H-1B visas is very limited, and there are just a few exemptions from the general cap. During the recent years the annual cap was reached within a few days after the start of the filing season. Hence, employers, willing to hire foreign workers, must have their H-1B petitions ready by the beginning of the filing season in order to get a chance to participate in the H-1B lottery.
An immigration attorney can provide you with additional information regarding such matters.