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Carl Shusterman's Immigration Update

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  1. Senators Introduce Bill to Protect Dreamers

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ID:	1147 On December 9, 2016, a bipartisan group of Senators introduced the Bridge Act which would protect 740,000 DACA recipients from deportation and allow them to continue working and studying in the United States for the next 3 years.

    Like DACA, the bill does not provide a path to green cards for Dreamers. Instead, the bill would grant them “provisional protected presence” in the US. They would be allowed to remain in the US, renew their EAD work permits and, in some circumstances, qualify for Advance Parole international travel permits.

    Since President-Elect Trump has vowed to repeal President Obama’s executive orders, the bill, if enacted, would protect Dreamers from deportation for another 3 years unless they commit a deportable offense.

    The bill would also tighten the confidentiality provisions in the law. DACA requires applicants to reveal their addresses and other personal information. The bill would prohibit the government from using this information to try to deport DACA recipients or their parents.

    Although the bill is sponsored by a bipartisan group of Democratic and Republican Senators, it is unclear whether it has enough support to pass the Republican-controlled Senate and the House of Representatives.

    The introduction of the Bridge Act is expected to put pressure on President-Elect Trump to work out a solution to the immigration status of the Dreamers.

    Trump has been equivocal about how he intends to treat the Dreamers.

    On one hand, he has pledged to repeal DACA. However, in a recent interview with Time magazine, he stated:

    “We’re going to work something out that’s going to make people happy and proud. But that’s a very tough situation. They got brought here at a very young age, they’ve worked here, they’ve gone to school here. Some were good students. Some have wonderful jobs. And they’re in never-never land because they don’t know what’s going to happen.”

    Stay tuned.
  2. Fabio Becomes a US Citizen

    While traveling in Southeast Asia in March, my wife showed me the following story on her phone: “The Hunk Who Loved Lady Liberty: Fabio Becomes a U.S. Citizen”.
    This is a Success Story for America.
    “This is one of the happiest days of my life” said Fabio. “Over the course of my career I’ve had the opportunity to travel the globe and America is still the greatest country on earth. There is no such thing as an Italian dream or an English dream but the American dream is alive and well.”
    I remember the day when I went to Immigration Service with Fabio for his green card interview. The INS staff was so excited that I had to return the next day to give out dozens of signed photographs signed by Fabio to all of his fans.
    Numerous ethnic newsletters and even the Wall Street Journal published the news of Fabio getting his green card on the front page.
    Now, he is a US citizen. Congratulations, Fabio!
  3. US Immigration For Registered Nurses: Free Legal Assistance

    Are you are foreign-born Registered Nurse looking for a job in the US? Our law firm can introduce you to a hospital in the US which is sponsoring RNs for temporary visas and green cards. The hospital will pay 100% of your legal fees.

    Our law firm
    represents over 100 hospitals, and during the past 30+ years, we have immigrated over 10,000 RNs and other health care professionals to the US.

    Our client hospitals currently have several hundred job opportunities for Registered Nurses, Medical Technologists and other health care professionals.

    If you are interested in finding a job in the US and being sponsored for a temporary visa or a green card, feel free to send your resume to Paralegal Elsa Garcia at egarcia@shusterman.com

    She will forward your information to one or more of our hospitals and a representative from a hospital will contact you.

    Our services are free to you. Both attorney and filing fees will be paid for by the hospitals that we represent.

    This video explains the procedures for getting TN and H-1B visas for RNs. It also shows how hospitals can sponsor registered nurses for green cards.

    We also discuss the Visa Screen Certificate, posting requirements as well as the CGFNS and the NCLEX examinations.

    If you would like to know more about any of the following subjects, please see the following pages on our website.

    Resources for Registered Nurses


  4. I-SQUARED BILL: MORE H-1B VISAS & GREEN CARDS

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    On January 13, a bipartisan group of Senators introduced the Immigration Innovation (“I-Squared”) Act of 2015.

    The Act would create a much-needed overhaul of our broken legal immigration system. It would dramatically raise the H-1B cap, and would provide much-needed reforms of the employment-based preference system for green cards. It would also raise the per-country cap for family-based green cards.

    What follows is a brief summary of the I-Squared Act.

    Temporary Visas

    • Raise the general H-1B cap from 65,000 to 115,000
    • Allow the cap to go up (but not above 195,000) within any fiscal year where early filings exceed cap and require the cap to go down in a following fiscal year (but not below 115,000) if usage at the end of any fiscal year is below that particular year’s cap
    • Remove the 20,000 limit for the Masters’ cap
    • Reform fees on H-1B visas and employment-based green cards; use money from these fees to fund a grant program to promote STEM education and worker retraining to be administered by the states
    • Grant employment authorization for H-4 visa holders
    • Establish a grace period during which foreign workers can change jobs and not be out of status and restore visa revalidation for E, H, L, O and P visas
    • Allow dual intent for foreign students at US universities



    Green Cards

    • Enable the recapture of green card numbers that were approved by Congress in previous years but were not used, and continue this policy going forward through the roll-over of unused green cards in future fiscal years to the following fiscal year
    • Exempt certain categories of persons from the employment-based green card cap:
      • Dependents of employment-based immigrant visa recipients
      • US STEM advance degree holders
      • Persons of extraordinary ability
      • Outstanding professors and researchers


    • Eliminates per-country limits for employment-based green cards
    • Increases per-country limits for family-based green cards from 7% to 15%


    The I-Squared bill would remove many of the artificial limits on obtaining temporary work visas and permanent residence for the next generation of entrepreneurs and leaders in science and technology. Providing more visas for these innovators will, in turn, create additional jobs for US workers.
  5. EB-3 CATEGORY GREAT NEWS IN FEBRUARY VISA BULLETIN!

    http://shusterman.com/images/eb3-workers.jpg Fantastic news for those in the EB-3 category in the February 2015 Visa Bulletin!

    Two years ago, the wait for those in the EB-3 category was almost 6 years to get a green card, even more for persons born in the Philippines (as well as China and India, which is a problem yet to be resolved by Congress). During the past 2 years, the wait has been shrinking and shrinking.


    Now, in the February 2015 Visa Bulletin, the wait has fallen to 13 months, and the State Department predicts even faster waiting times in the months ahead.


    This is an opportunity which you cannot afford to miss. If you qualify for a green card in the EB-3 category (Professionals and Skilled Workers), make sure your employer submits a PERM application for you immediately!


    If you are a Registered Nurse or a Physical Therapist, no PERM application is required. Your employer should submit an I-140 visa petition on your behalf as soon as possible. As soon as your priority date becomes current, apply for a green card using form I-485.


    EB-3 vs. H-1B

    This is especially great news for foreign-born students studying in the US. Once you graduate, you can apply for Optional Practical Training (OPT). OPT is a work permit which is valid for at least 12 months, or for some STEM jobs, up to 29 months.


    Since getting an H-1B temporary work visa is a 50-50 lottery these days, if your employer submits a PERM application or an I-140 petition at the beginning of your OPT period, you may be able to go directly from OPT to Green Card, and bypass H-1B altogether.


    This is great news for employers as well given the costs and uncertainty of obtaining H-1B status for essential employees.


    Don't hesitate, apply immediately!
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