Wednesday, March 11, 2015
Friday, February 27, 2015
CHANGE IN POLICY ALLOWS CERTAIN H-4 DEPENDENT SPOUSES TO FILE FOR WORK AUTHORIZATION
Effective May 26, 2015 certain H-4 dependent spouses may file for work authorization, reducing the economic burden on H-1B nonimmigrant families struggling to survive on a single income as they work towards permanent resident status.
Which H-4 Dependents will be eligible for Work Authorization?
1) Those with an H-1B spouse who is the beneficiary of an approved I-140
2) Those with an H-1B spouse who is the beneficiary of a labor certification that was initiated before the start of the H-1B’s sixth year.
With an estimated three-month processing time, H-4 dependents who file on May 26th should expect to receive their employment cards on or before August 26th. Those who seek to take advantage of this opportunity should prepare now.
Mitchell C. Zwaik
Attorney at Law
Firm Locations: Ronkonkoma, NY, Hampton Bays, NY, Queens, NY, Brooklyn, NY
Tuesday, February 17, 2015
Judge Attempts to Delay DACA Expansion, but NOT on Constitutional Grounds:
February 17, 2015:
A federal judge in Texas has determined that President Obama did not follow proper “administrative procedure” when he implemented DAPA and expanded DACA. Through this the judge is attempting to stall the start of both programs through a temporary injunction.
Republicans arranged for the hearing to take place in Texas, before one of the country’s most conservative judges, whom they were confident would rule in their favor. Important to note, however, is that the judge’s ruling was NOT based on constitutional grounds. What does this mean? That even a conservative judge in Texas does not believe that President Obama acted outside his constitutional power to implement DAPA and expanded DACA, and that this judge was desperate to find another reason, any reason, to delay the program.
We are confident that the president’s administration will appeal this ruling, and that they will request a stay of the injunction, which will allow individuals to apply for expanded DACA while the case is pending. We are also confident that the federal government will win the appeal, and that DAPA and extended DACA will continue as planned.
Mitchell C. ZwaikLong Island, NY
Wednesday, January 21, 2015
“We’re thrilled that Leah is joining our team,” said David Zwaik, Business Manager. “We’re confident she will help us expand into new territories and educate the public.”
Leah comes with 12 years of government and immigration experience, assisting constituents of the first congressional district of New York.
Leah graduated from Lafayette College in Easton, PA with a BA in German and Sociology. Her studies were enhanced with a year of study in Vienna, Austria at the University of Vienna. Leah is also an Area Representative with International Student Exchange, a non-profit organization designated by the Dept. of State to sponsor visas to J1 high school students.
Leah, who resides in Mattituck, will be based at the firm’s Ronkonkoma, New York location.
Zwaik, Gilbert & Associates:
Established in 1980, Zwaik, Gilbert &Associates is a full service immigration provider with three office locations in New York: Hampton Bays, Ronkonkoma and Woodside. Visit www.Zwaik.com to learn more.
Mitchell C. ZwaikLong Island, NY
Friday, January 16, 2015
Employee Sponsorship Returns as a Real Possibility
Visa Availability (3rd Preference Employment-Based) Surges Ahead
After years of backlogs and a demand for numbers that far exceeded the yearly quota, one’s chances of winning the lottery seemed far greater than capturing a number in the third preference visa category. For many years the wait in this category was so long that obtaining a green card through an employer seemed more of a pipe dream or an object always out of reach; never mind trying to convince an employer to start the green card process when it could take anywhere from 6 to 10 years to complete. With a future too far away to grasp, many were too discouraged to even embark upon the process.
Flash forward to the visa bulletin of February 2015, and the world appears a brighter more hospitable place for individuals seeking permanent residency through an employer in the United States. Over the past year, third preference visa availability has surged ahead with the priority date jumping 18 months in a span of 12 calendar months. With a third preference priority date now January 1, 2014, the wait for a visa is shorter now then we have seen in many, many years.
Companies that utilize the H1B and H2B program should pay close attention to this development. Shorter wait times improve an employee’s ability to maintain nonimmigrant status during the transition from temporary to permanent status, and facilitate international travel by allowing one to travel with advance parole (sooner) thereby alleviating the stress and concern associated with renewing the visa at a US Consulate abroad.
As with all good things this opportunity will not last. As more take advantage, the demand for numbers will increase and visa availability will again slow down. Future immigration reform will also affect these numbers and effect the balance of demand and availability. Employers and Employees alike should begin exploring this new opportunity now.
Mitchell C. Zwaik
Long Island, NY, Brooklyn, NY
(631) 588-4040, firstname.lastname@example.org