Category: Immigration

ABCs of the PERM Labor Certification Process with Krystal Alanis of Reddy & Neumann, P.C.

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We all know that the PERM Process can be a long and daunting path to US citizenship. One of Park’s own, Emily Yam Grant, recently consulted  with Krystal Alanis, Partner at Reddy & Neumann, P.C., to get a better understanding of the details, timing, and amazing legal work immigration attorneys undertake to get candidates to the finish line. Not all heroes wear capes! Q: Can you give a general overview of the PERM Labor Certification process?

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Declaring “National Importance” with an Employer-Focused Proposed Endeavor

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By: Hailey Sylvander We recently facilitated an interesting expert opinion letter for one of our clients’ National Interest Waiver (NIW) petitions. The beneficiary worked in mechanical engineering and robotics, specifically as it applies to biotechnology – a field with countless benefits to the United States, its economy, and its society. While demonstrating the national importance of this work would not normally be a challenge for our experts, the stated endeavor at the heart of this petition carried a strong focus on the beneficiary’s work for the petitioning company. And supporting a “proposed endeavor” that is employer-focused does require extra care, as USCIS often does, and most likely would ...

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Credential Evaluation Update: Equivalency Changes to Indian MCA Degrees

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By: Howard Borenstein In a 2020 development, India’s University Grants Commission approved a change in duration for the Indian Master of Computer Applications (MCA) degree— the MCA was shortened to a two-year program. This update is significant as students have now completed and are graduating from this new program. Formerly spanning three years of study, the program has transitioned to a two-year structure, starting with the class of 2020-21. The All India Council of Technical Education (AICTE) stated the decision was prompted by a decrease in enrollment of students coming from backgrounds not related to Computer Science, such as Physics, Mathematics, and Chemistry. When the program was first introduced in ...

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Park Translations Providing Support for Pro Bono Afghan Asylum Petitions

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By: Annika Minton When the United States military withdrew its troops from Afghanistan in August of 2021, thousands of Afghan civilians were left seeking asylum in the U.S. Around 5,000 Afghan asylum-seekers arrived in the states in September of 2021, hoping for a smooth, quick approval process—unfortunately, the wait time for a response on an asylum-seeker’s claim is between two to six years. Some law firms took this opportunity to help these Afghans in need and are continuing their pro bono work to help them fill out their EAD (employee authorization documents) extensions and TPS (Temporary Protected Status) applications, which would allow them to continue to work in the United States while waiting for their ...

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Attorney Spotlight: Nancy Shalhub of Ogletree Deakins

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By Ryan Mernin Ryan recently caught up with Nancy Shalhub of Ogletree Deakins to discuss the relatively new H-1B lottery and other potential immigration policy changes. This entry in our Attorney Spotlight series continues our focus on emerging challenges and changes in the business immigration world. Q: What visas does your firm typically handle? Nancy: Ogletree Deakins has one of the nation’s largest business immigration practices, providing premier immigration services for nearly 28 years. Our largest corporate immigration clients are Fortune ...

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Attorney Spotlight: Shehryar Chaudhry at BAL

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By Shail Sturm and Ryan Mernin Business immigration can present interesting challenges to immigration attorneys and their industry partners. Seasonal workloads and annual changes to the regulatory rhythm of petition filings sometimes disrupt the day-to-day operations even for industry leaders - not to mention delays and difficulties brought on by the global pandemic. But recent updates from USCIS seem to point toward a smoother process and more responsive regulatory environment. This week, Ryan and Shail spoke with Shehryar Chaudhry at Berry Appleman & Leiden to focus in on regulatory updates, USCIS' efforts to address consulate backlogs, and other upcoming ...

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

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The National Interest Waiver: How to Prove a Beneficiary is Beneficial

  By Maddie Carlson  What is a National Interest Waiver and how can you get one? As one might expect from the name alone, having an offer of employment is typically required for individuals seeking an EB-2 employment-based, second preference visa. But in certain cases, a candidate may want to waive the employment requirement and labor certification portion of the EB-2 petition process. This commonly occurs when an applicant displays expertise in their industry and is seeking work that would benefit the United States. In these cases, the candidate may qualify for a National Interest Waiver (NIW) that would remove the need for a pre-established employment offer. However, pursuing a National Interest Waiver does add to the petitioner’s burden of proof. In addition ...

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Reopening Continues: Impact on H-1B Visa Petitions

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By Ben Chappelow With Mark Rogers  Special thanks to Susanne Heubel, Special Counsel with Duane Morris, for contributing to this post. Be sure to follow Park Evaluations on LinkedIn for future updates. Introduction As vaccination rates increase and COVID-19 restrictions ease, companies will be looking to safely reopen offices. Reopening continues to present challenges as business leaders, especially in spaces served by foreign nationals immigrating the United States on a non-immigrant work visa, work hard to keep up with the latest guidance to ensure safe and effective workplaces. Leading IT services companies are transitioning to a hybrid model, where select employees will come into the office on designated workdays. Industry watchers believe this return-to-work model of work will have a comparative advantage ...

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EB-5 Visas Still Not Being Processed: Why This is Problematic

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By: Annika Minton The United States EB-5 visa was created in 1990 to provide a method for foreign investors (and their spouses and unmarried children under 21) to obtain a U.S. visa by investing capital with the goal of financing a business that will employ at least 10 American workers.[1] The US government allocates 10,000 of these visas per year. This particular program has not been renewed since June 2021, when a federal judge struck down the 2019 EB-5 “modernization” regulation, the goal of which was to increase the investment threshold from $500,000 to $900,000 in targeted employment areas (a rural area or an area with high unemployment). This has left many people wondering what the future looks like ...

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Vaccine Mandates Restrict P-1A Athletes in the NBA

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By: Maddie Carlson As of early December, a memo issued by the National Basketball Association (“NBA”)  revealed that any unvaccinated athlete who possesses a temporary visa status will not be allowed to reenter the United States following international travel. This statement primarily pertains to those with the P-1A Athlete visa classification, which allows athletes to compete in the United States temporarily. Concurrently, the Canadian government also announced that non-vaccinated NBA athletes are now not allowed to enter the country to participate in competitions against their Toronto team. Both announcements threaten the legal status of U.S. athletes who have planned, and are expected to, participate in any upcoming basketball competitions in Toronto. Many NBA Athletes are eligible for the P-1A visa based ...

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