AZTech, Integra Technologies, Andwill, and Wireclass Update V: Disconcerting Dysfunction – 4 Government Agencies Each Going Own Way Provide Lack of Closure to Victims

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After the ICE press conference in October, it appeared that the US Government was winding down its investigation of AZTech, Integra, Andwill and Wireclass.  It appeared that those associated with The Four companies would be getting resolution one way or another. That conclusion, it turns out, was premature. As you know, there are four US government agencies primarily involved in the administration and enforcement of US immigration laws. They are Immigration and Customs Enforcement (ICE), Customs and Border Protection (CBP), US Citizenship and Immigration Services (USCIS), and the Department of State through its local embassies and consulates.  ICE are the immigration police; it also is responsible for the administration of the SEVIS and OPT programs.  CBP includes the airport and port-of-entry inspectors who verify the admissibility of individuals to the United States. USCIS adjudicates immigration benefits, including H-1B petitions, I-765 employment authorization applications, changes/extensions of status, and green card applications….

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AZTech, Integra Technologies, Andwill, and Wireclass Update IV – Clarity on the Way?

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Yesterday, ICE announced the arrests of 15 OPT students for claiming “to be employed by companies that don’t exist.”  At its press conference, ICE announced that as a part of its Operation OPTical Illusion, it identified up to 3,300 individuals of interest, and of those individuals, it will seek to deport 1,100.  Of the 1,100, USCIS is in the process of revoking the employment authorizations of 700, with the remainder expected to have the validity periods lapse in the next couple of months.  These employment authorizations were characterized as being “fraudulently” obtained and seem to have been connected with one company. Obviously, this is not good news for the 1,100.  While it is still too early to draw conclusions, it is possible that ICE not only intends to remove these individuals from the United States, but permanently bar them from the United States for engaging in “fraudulent” activity. Apparently, ICE considers…

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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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40 Reasons for F-1 Student Visa Denials

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Today we are publishing a new article on this site about student visas.  In the article, we catalog 40 reasons why an F-1 visa can be denied. Straightforward 214(b) rejections, complicated 212(a)(6)(C)(i) permanent bans, and protracted 221(g) delays are some of the most common problems arising from an F-1 application. What would appear to be a straightforward, simple visa process can turn into a veritable minefield for the unsuspecting.  And while some of the denial reasons may be beyond the control of the applicant, what is obvious is that some students are unprepared for the visa application process – with many receiving avoidable refusals.  Contact us to discuss your situation.

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The Culture of No and 214(b) Student Visa Denials

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The Department of State does not publish separate statistics for student visa denials, but judging by the number of phone calls we have been recently receiving from rejected students on Section 214(b) grounds, it appears that the Culture of No has adversely impacted potential students as well.  In particular, consular attention – and denials – has been riveted to certain categories of students, including:  1) those older than the age of 25; 2) those planning to attend community college in the US; 3) those from economically distressed or provincial areas of the home country; 4) “eternal” students; 5) those with planned majors at the US university deemed to be of less practical value; 6)  those with significant gaps in their work history; 7) those who previously dropped out of school; and 8) financial sponsors who are not immediate relatives. Consuls have very little time to conduct a student visa interview,…

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Visa Revocation – Not Just Related to Criminal Activity

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Most people understand that if they are arrested, it is possible that their visas will be revoked.  DUIs, drug possession, domestic violence, shoplifting – these are just some of the situations in which individuals with valid visas have their visas revoked.  But what is less known – and understood – is that the Department of State has the ability to revoke visas for any reason in which eligibility is questioned.  In other words, the inquiry into whether an individual qualifies for a visa does not stop at the time of issuance; it is a process that can be – and often is – reactivated at any time after issuance.  In fact, we are seeing more revocations for non-criminal issues than criminal problems. So what leads to this re-examination of an individual’s eligibility? The trigger points for such a “verification reactivation” are numerous.  For example, consular officers conduct validation studies, checking…

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New Department of State Rules Channel Trump: The 90 Day Rule and Hire American

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US embassies and consulates abroad adjudicate more than 13 million visa applications a year, so when changes are made to the rules governing visa decisionmaking, the potential impact can be enormous. That is the case with two recent changes in the Foreign Affairs Manual, the State Department’s guidance to consular officers making visa decisions.  The revisions, unfortunately, are not for the better for visa applicants. 90 Day Rule The most important change – with the most severe potential consequences – relates to the pronouncement of a new 90 day rule.  This rule supplants the previous 30/60 day guidance. The 90 day rule states that “if an alien violates or engages in conduct inconsistent with his or her nonimmigrant status within 90 days of entry,” the consul may presume that the “applicant’s representation about engaging in only status-compliant activity were willful misrepresentations of his or her intention in seeking a visa…

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Lagosland: US Visa Odyssey of a Nigerian Student

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Last year we wrote about a student visa applicant in Russia going through 7 interviews to receive a US visa. Not to fall behind their brethren in Russia, US consular officials in Nigeria are no slouches in running Nigerian students through the visa gamut, a veritable Lagosland of adventure, obstacles, and consular vengeance.  Consider the case of Yvonne. Yvonne comes from a well-to-do family of professionals and is an honors science student at a US university.  During her junior year, she was caught shoplifting at a store, with the value of the merchandise less than $100. She was convicted under the state’s 1st time shoplifting statute.  When she returned to Nigeria and filled in a visa application, she failed to indicate that she had been cited for shoplifting. The initial consular officer at the consulate in Lagos orally approved the application.  Upon discovery of the shoplifting, the same officer called…

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