Surrender is Not an Option. AZTech, Integra Technologies, Andwill, and Wireclass Update II

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Thank you for all of your questions related to AZTech, Integra, Andwill, and Wireclass. The dramatic upsurge in questions corresponds to the mass issuance of Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) by USCIS to I-765 STEM extension applicants and H-1B petitioners. The texts of the NOIDs and RFEs are relatively standard. For example, one of the RFEs states: Provide your complete employment history (including start and end dates) and proof of employment for your initial grant of Optional Practical Training (OPT). Evidence of employment may include but is not limited to: Letters for employer(s) establishing jot title(s), duties, location, pay rate, and number of hours worked per week. Copies of your earning statements/pay stubs. Copies of your W-2s. If you worked for an employment agency or consultancy, you must provide      evidence of the jobs you worked on and dates worked. Additionally, if you…

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AZTech, Integra Technologies, Wireclass and Andwill Update

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Thank you for your phone calls. After speaking with so many of you, it has become obvious that those who were associated with AZTech, Integra Technologies, Wireclass and Andwill did so with legitimate intentions and the goal of full compliance with the OPT requirements.  While the common thread binding most of you is a visa revocation, there are several categories of individuals who have been impacted, including: 1)      those in the US who are beneficiaries of a pending H-1B petition and USCIS has issued a Request for Evidence (“RFE”) or Notice of Intent to Deny (“NOID”) related to their prior OPT experience and/or visa revocation; 2)      those in the US who are applying for STEM OPT extensions and USCIS has issued a RFE or NOID related to their prior OPT experience and/or visa revocation; 3)      those who attempted to enter the US with a visa and Customs and Border Protection…

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Trump Executive Order Bans Most Immigration for 60 Days

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Regardless of country, President Trump has banned immigration of those outside the United States as of midnight on April 23, 2020.  This means that a) those seeking admission to the US as immigrants, b) are located outside the US and c) do not yet have an immigrant visa or a travel document valid beyond April 23, 2020 are banned entry to the United States for 60 days.  There are certain classes of individuals that this ban does not apply to, i.e., they are exempted: 1) those who are green card holders (lawful permanent residents); 2) those applying for adjustment of status within the United States; 3) EB-5 immigrant investors and their dependents; 4) certain medical professionals; 5) spouses and children under 21 of US citizens; and 6) other narrow categories (e.g., those entering for law enforcement or national security purposes; certain relatives of US Armed Forces members; certain Iraqi and…

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Zombies and Petition Revocations

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What do zombies and petition revocations have in common?  Just when you thought they have died a permanent death – never to be seen again or heard from again – they come back to life, sometimes with devastating consequences. This came to mind when a former client, Alex, contacted me about his Diversity Visa case.  He won the Green Card Lottery, but when he went to the Embassy for his interview, he was told that his application would be put on hold until questions about his 1998 L-1 petition were resolved.  I  had represented him back in 1998, after the Embassy sent his L-1 petition back to INS because of a “fraudulent office address” and his inability to describe his subordinates at his L-1 visa interview.  We were able to resolve the fraudulent office address accusation at that time – the Embassy’s investigator had gone to the wrong (!) address…

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Petition Revocations: Potential Conflicts with Employers and Why Denied Visa Applicants Should Consult with their Own Lawyer

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Did you go to your employment visa interview and the consular officer told you that the approval of your petition is being revoked?  This is not an uncommon story, as more and more H-1B, L-1, O-1, and P-1 petitions are being recommended for revocation every year by consular officers. In general, consular officers must defer to the judgment of USCIS and the grounds for revocation are limited.  To recommend revocation of the approval of a petition, the consular officer must have discovered material new facts or misrepresentation or find that the visa applicant does not have the qualifications for the visa.  But often times consular officers substitute their own opinion and readjudicate the petition. We are seeing this more frequently, particularly in the context of O visa adjudications, in which the consular officer sets a much higher bar for qualification than USCIS.   The stakes are particularly high for those applicants…

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