Years ago, there were Open Houses when a business opened. Today, with websites there are Launch Dates. We are excited to announce the website for our new Employment & Immigration Law Firm at http://galdean.com/. Please share your comments or sign up for periodic Blogs and Newsletters coming soon.
Happy Citizenship Day! September 17 is Constitution Day and Citizenship Day dedicated to all U.S. citizens, including those who have become naturalized U.S. citizens by choice.
Today, the Department of Homeland Security proposed a Rule directed at International Entrepreneurs. The proposed Rule is to help the U.S. “economy grow by expanding immigration options for foreign entrepreneurs who meet certain criteria for creating jobs, attracting investment and generating revenue in the U.S.” The proposed Rule plans to provide entrepreneurs an initial stay of up to two years to oversee and grow their startup entity in the United States. The next stage of the proposed Rule is to invite public comments over a period of 45 days.
Spanish speaking clients and business owners frequently seek out attorney Trinidad Galdean, due to his experience in immigration issues and his ability to address their needs in Spanish. Trinidad utilizes his Spanish speaking ability to assist clients and employers on visa applications and other immigration related matters. It is important for all clients to understand legal issues in their primary language. The U.S. Citizenship and Immigration Services (“USCIS”) recently started a Spanish blog, USCIS Compás, to inform Spanish speaking individuals regarding immigration issues. The USCIS also created a Facebook page, USCIS Español, to provide additional immigration information in Spanish. While these resources are helpful, individuals and business owners should still consider consulting an experienced immigration attorney when dealing with matters of immigration law.
In an announcement today, the Department of Homeland Security will permit eligibility for employment authorization to H-4 dependent spouses. These eligible H-4 dependent spouses are those married to an H-1b nonimmigrant seeking lawful permanent resident status through their employer.
H-1b visas holders are professionals in a specialty occupation. In working with an employer, the employer may assist the H-1b individual with securing employment based lawful permanent resident status. Currently, during this process, the H-1b holder’s spouse (i.e. H-4 dependent) is generally unable to work. The new rule, however, changes some of these employment issues.
This new eligibility derives from the President’s November 2014 Executive Order on immigration. It is expected this rule will make 179,000 more individuals eligible to apply for employment authorization this year and up to 55,000 more individuals eligible each subsequent year.
Applications to secure employment authorization under this new change will begin to be accepted on May 26, 2015. Both individuals and employers looking to benefit from this change should consult with an experienced employment immigration attorney.
Last week, a Federal Judge in Texas ordered an injunction to stop the President’s Executive Order on immigration which was issued on November 2014. This injunction, however, only affects the Expanded Deferred Action for Childhood Arrivals (DACA) and Deferred Action for Parents of Americans and Lawful Permanent Residents. (DAPA). The Court’s injunction does not affect those already approved for DACA. Thus, individuals with approved DACA documentation would still need to address any renewal.
Today, the Department of Justice (DOJ) proceeded to file an appeal to hold off on the injunction. In the alternative, the DOJ requested that the injunction only apply to Texas and not each State. In the meantime, the Department of Homeland Security (DHS) has postponed accepting applications for expanded DACA. DHS, however, confirmed individuals qualifying under the original DACA may still submit an application.
Considering the developments with DACA and DAPA, individuals and entities focused on DACA or DAPA should address any issues with competent immigration attorneys.
I had a pleasant interview with @KWCH12 and Reporter Beatriz Parres @KDCUBea on the immigration issues surrounding DACA and DAPA. The interest in this immigration actions has been from both individuals and by employers. Employers see DACA and DAPA as an opportunity to retain talent or attract experienced talent in particular areas and industries. Look for the interview on KWCH 12 (in English) and on Univision Kansas (in Spanish) tonight.
Plans continue in the Government’s efforts to prepare and handle the application process for expanded DACA and DAPA. While immigration offices will begin accepting expanded DACA applications Feb. 18, the Administration has not waited for the Republican’s blocking efforts to play out. The Administration has proceeded to secure office space and planning for new employees to assist with the application process. According to the Administration, the money paying for the program is from the application fees. It is expected that expanded DACA makes 300,000 more individuals eligible. It is expected DAPA will have approximately an additional 800,000 more applications when applications begin to be accepted (anticipated date for DAPA applications mid-May 2015).
USCIS announced it will begin accepting petitions for Expanded DACA on Feb. 18, 2015. HR Professionals and employers can expect an increase of employees looking to change employers that will now be legally authorized to work with the Employment Authorization Document available under DACA. Employees which worked without proper authorization will now have an opportunity to find new and better employment opportunities. DACA and Expanded DACA increases Immigrant’s ability to switch employers. Additionally, this immigration action provides for an expansion of talent available for particular jobs or in particular areas. Employers looking to prepare for changes under Expanded DACA should inquire with experienced immigration/employment counsel.
Many of the issues related to the President’s Executive Order are designed to benefit US businesses. Especially, as it relates to professional or highly skilled workers. These individuals are currently getting caught up or delayed in an outdated immigration system. The Executive Order changes will provide more opportunities for US business to retain and attract these professionals. See the attached link on a brief summary. http://www.jdsupra.com/legalnews/the-devil-is-in-the-details-what-employ-62837/