Immigration Law Miami Florida

This week, Arizona voters passed Proposition 308, which will allow undocumented students in the state to pay in-state tuition rates at public universities and colleges if the attended high school in Arizona for at least two years.

Arizona now joins more than 20 states that recognize the financial hardship that out-of-state tuition imposed on young, undocumented immigrants.

This fact sheet from the American Immigration Council examines how granting in-state tuition rates to all Arizona graduates will help fill critical workforce needs and boost the state’s economy.

The Department of Homeland Security (DHS), in consultation with the Department of State (DOS), has announced the lists of countries whose nationals are eligible to participate in the H-2A and H-2B visa programs in the next year. The notice listing the eligible countries will be published in the Federal Register on Nov. 10, 2022.

Effective Nov. 10, 2022, the secretary of homeland security, with the concurrence of the secretary of state, has decided to:

Add the Kingdom of Eswatini (Eswatini) to the list of countries eligible to participate in the H-2A and H-2B programs.
DHS maintains its authority to amend the eligible countries lists at any time through publication of a Federal Register Notice, should DHS and DOS determine that a country fails to meet the requirements for continued designation. Examples of factors that could result in the exclusion of a country or the removal of a country from the list include fraud, abuse, nonimmigrant visa overstay rates, and other forms of noncompliance with the terms and conditions of the H-2 visa programs by nationals of that country that are contrary to U.S. interest.

The H-2A and H-2B visa programs allow U.S. employers to bring foreign nationals to the United States to fill temporary agricultural and nonagricultural jobs, respectively. Typically, USCIS approves H-2A and H-2B petitions only for nationals of countries that the secretary of homeland security has designated as eligible to participate in the programs. However, USCIS may approve H-2A and H-2B petitions, including those that were pending as of the date of publication of the Federal Register Notice, for nationals of countries not on the lists on a case-by-case basis only if doing so is determined to be in the interest of the United States.

Immigration Law Miami Florida updated their address.

Immigration Law Miami Florida updated their phone number.

Immigration Law Miami Florida updated their business hours.

Labor certification- employment based green cards double previous years

Immigration announced there were 281,507 employment based cards for this year

This is more than double the typical annual total – due to unused family-based visa numbers from FY 2021 being allocated to the next fiscal year’s available employment-based visas.

By the end of the fiscal year on Sept. 30, 2022, - all visas were issued.

Immigration agencies granted 220,000 employment-based adjustment of status applications for individuals already present in the United States.

🇺🇸Immigration just released the updated Form to exempt an applicant from having to take the Citizenship Test.

🇺🇸This form should be easier for medical professionals to complete and more fair for applicants to certify that they’re unable to take the citizenship test because of medical disability.

🇺🇸A medical professional should complete your Form N-648 no more than 180 days before you file your naturalization application.

🇺🇸Please contact our office for more information on how to apply for citizenship and cases where individuals cannot prepare for or take the citizenship test.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📍
333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

🔵Immigration is extending deadlines for replying on certain notices because of COVID.

🇺🇸Immigration is providing an additional 60 days after the due date if the request or notice was issued between March 1, 2020, and Jan. 24, 2023,
including the following:

➡️Requests for Evidence;
➡️Continuations to Request Evidence (N-14);
➡️Notices of Intent to Deny;
➡️Notices of Intent to Revoke;
➡️Notices of Intent to Rescind;
➡️Notices of Intent to Terminate regional centers;
➡️Notices of Intent to Withdraw Temporary Protected Status;
➡️Motions to Reopen an N-400 Pursuant to 8 CFR 335.5, Receipt of Derogatory Information After Grant.

🔵In addition, USCIS will consider Form I-290B, Notice of Appeal or Motion, or a Form N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA), if:

➡️The form was filed up to 90 calendar days from the issuance of an Immigration decision; and
➡️Decision was made between Nov. 1, 2021, and Jan. 24, 2023, inclusive.

Call our office for more information

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

🔵Expedited Employment Authorization for Healthcare and Childcare Workers🔵

If you are a healthcare worker or a childcare worker who has a valid immigration status and has an initial or renewal for Employment Authorization (Form I-765), that has been pending for over 90 days, you can request expedited processing.

🔵Do You Qualify?

To determine whether you are a qualifying healthcare worker, see this DHS advisory memorandum (“Healthcare / Public Health” section, pages 7-9)
To determine whether you are a qualifying childcare worker, see the U.S. Department of Labor’s Standard Occupational Classification (SOC) code 39-9011, which includes workers who “attend to children at schools, businesses, private households, and childcare institutions” and “perform a variety of tasks, such as dressing, feeding, bathing, and overseeing play.”
(Note that this definition does not include preschool teachers or teaching assistants.)

🔵Call our office for more information if you fall into one of these categories.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

🇺🇸Some J-1 exchange visitors and F-1 students are seeing their SEVIS Records erroneously terminated due to a Change of Status adjudication by USCIS, when, in fact, there was a “Consular Notification” decision instead.

Those affected F-1 or J-1 status holders should request that their schools’ DSOs/AROs or program officers reach out to the SEVIS Help Desk at USICE/SEVP to have this mistake corrected.
The DSO/ARO or program officer can send a PDF of the approval notice showing Consular Notification to the SEVIS Help Desk along with the request to correct the error in the SEVIS Record.

For more info please contact our office

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

Individuals are experiencing long delays in obtaining visas to come to the United States.

The chief recommendations are
➡️Rescind regional travel bans and replace them with science-based solutions.
➡️Resume stateside processing of visa renewals.
➡️Expand visa interview waiver eligibility.
Automatically extend visas that expired during the COVID-19 pandemic by 24 months.
➡️Maximize staffing on immigrant visa processing at consular posts.
➡️Revise regulations to allow virtual immigrant and nonimmigrant visa interviews.
Leverage U.S.-based consular officers to adjudicate visa applications.
➡️Admit all U.S. lawful permanent residents (LPRs) returning to the United States from abroad without conducting an abandonment analysis.
➡️Adopt a policy to automatically extend immigrant visas from 6 months to 18 months, in coordination with CBP.
➡️Recapture and avoid the loss of unallocated visas.

The Administration has implemented multiple recommendations and statistics show that DOS is making headway.
Issuance rates for immigrant and nonimmigrant visas have jumped substantially in the last year and the backlog of immigrant visa cases pending the scheduling of an interview has been reduced by 24%.
These improvements underscore the need for the agency to continue implementing policies that will help it reduce inefficiencies, lessen delays, and address the remaining backlogs that formed during the COVID-19 pandemic.

🇺🇸The Administration has been particularly interested in recommendations such as stateside renewals of nonimmigrant visas, extending interview waiver eligibilities, and increased staffing and remote processing capabilities.

❤️Hopefully we will have more progress and visas issued.

The backlog of applications pending at asylum offices nationwide currently exceeds 430,000, as of June 2022.
Many applicants have been waiting for over five years just to have their asylum interview.

The uncertainty and limitations on work and travel, and separation from family members can have a severe impact on an applicants’ mental and emotional well-being.

Contact our office for more information on the asylum process and how we can assist you.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

🇺🇸There are several steps to apply for a visa.

The order of these steps and how you complete them may vary by U.S. Embassy or Consulate.
Please consult the instructions on the U.S. Embassy or Consulate website.

Complete the Online Visa Application

Online Nonimmigrant Visa Application, Form DS-160
You must:
1) complete the online visa application

2) print the application form confirmation page to bring to your interview.

3)Photo
You will upload your photo while completing the online Form DS-160.
Your photo must be in the format explained in the Photograph Requirements.

4)Schedule an Interview

Interviews are generally required for visa applicants with certain limited exceptions. Consular officers may require an interview of any visa applicant.

🇺🇸We can assist business persons coming to the USA obtain the proper visa.

A foreign national traveling to the United States to conduct temporary business needs a visitor visa (B-1) unless qualifying for entry under the Visa Waiver Program.

Examples of temporary business include:

➡️Attending business meetings or consultations
➡️Attending a business convention or conference
➡️Negotiating contracts

For more info please contact our office
📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

🇺🇸USCIS Implements New Process For Venezuelans

This new process will provide a lawful and streamlined way for nationals of Venezuela who are outside the United States and lacking U.S. entry documents.

Through a fully online process, individuals can be considered, on a case-by-case basis, for advance authorization to travel to the United States and seek a temporary period of parole for up to two years, provided that they:

➡️Have a supporter in the United States who will provide financial and other support;
➡️Undergo and clear robust security vetting;
➡️Meet other eligibility criteria;
➡️Warrant a favorable exercise of discretion.

Venezuelans seeking entry in the United States should seek entry via this process for Venezuelans, as this will be the safest and most effective way to pursue a temporary stay in the United States.

Individuals complete the process electronically and should not approach the border to access this process.
Those who attempt to irregularly enter the United States between ports of entry will be subject to return to Mexico and will be ineligible for this process.

USCIS will begin implementing this new process on Oct. 18, 2022.

Access to this process for Venezuelans is free.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

‼️Eb5 investors‼️

An eb5 investor must set up a new commercial enterprise (NCE).

The minimum investment depends on location but generally requires an investment of no less than $1,800,000, but for investments in targeted employment areas (TEAs) the minimum is only $900,000.

Plus the investment must result in the creation of at least 10 eligible job positions for each EB-5 investor.
Eligible jobs are actual positions created by the project itself and filled by qualified U.S. workers.
The positions must be considered full time 35 hours or more per week.

🇺🇸U.S. Citizenship and Immigration Services (USCIS) has issued new rules for investors seeking green cards in America.

🇺🇸The (EB-5) category is for qualified investors who will contribute to the economic growth of the United States by investing in U.S. businesses and creating jobs for U.S. workers.

🇺🇸EB-5 investors have historically had the option of participating in the Regional Center Program, which allows an investor to rely on indirect job creation when they invest through a USCIS- designated regional center. Authorization related to the Regional Center Program lapsed at the end of the day on June 30, 2021.

The EB-5 Reform and Integrity Act of 2022 was revises general eligibility requirements, substantially reforming and codifying the Regional Center

Policy highlights include:

‼️Removing some provisions found in the EB-5 Modernization Rule.
‼️Adding that an applicant may file Form I-485 concurrently with, or subsequent to, a Form I-526
‼️Revising the investment amounts and targeted employment area designation process

USCIS (Immigration) advised that employers should continue to use the I-9 employment eligibility forms even after the form validity date of 10/31/2022.
The new I-9 form is being revised and will be released.

Employers are reminded to have a completed I-9 form with supporting documentation for each of their employees.
Failure to properly complete a form or have a form available can result in significant fines.

Immigration continues to conduct audits of employers for Forms I-9.

In fact, workplace enforcement is geared towards employers, not employees.

Contact our office for more information on how to complete Form I-9 and what is required to ensure you are in compliance.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

Immigration will make available to employers an additional 64,716 H-2B temporary nonagricultural worker visas for fiscal year (FY) 2023, on top of the 66,000 H-2B visas that are normally available each fiscal year.

The H-2B program permits employers to temporarily hire noncitizens to perform nonagricultural labor or services in the United States.
The employment must be of a temporary nature (up to 9 months), such as a one-time occurrence, seasonal need, or intermittent need.
Employers seeking H-2B workers must take a series of steps to test the U.S. labor market.

These visas will be available for the current year, which began on October 1, 2022.

American businesses in industries as varied as hospitality and tourism, landscaping, seafood processing, and more depend on seasonal workers to meet demand from consumers.
The supplemental visa allocation will address the need for seasonal workers in areas where too few U.S. workers are available, helping contribute to the American economy.

The H-2B supplemental includes an allocation of 20,000 visas to workers from Haiti and the Central American countries of Honduras, Guatemala, and El Salvador. The remaining 44,716 supplemental visas will be available to returning workers who received an H-2B visa, or were otherwise granted H-2B status, during one of the last three fiscal years.

For more info please contact our office at
📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

🇺🇸The DACA program and the hundreds of thousands of people protected by DACA are now at grave risk.

🇺🇸On October 5, the 5th Circuit Court of Appeals sided with a lower court’s earlier decision that the Deferred Action for Childhood Arrivals (DACA) program was created illegally and sent the case back to the lower court to reconsider the Biden administration’s new DACA regulation.

🇺🇸While the DACA initiative has provided deportation protections and work authorizations to over 800,000 of people who arrived to the United States as children, this temporary solution has been hanging in the balance in face of multiple legal challenges and administrative attempts to end the program.
It has never been more urgent for Congress to pass a permanent solution to protect and defend Dreamers and other unauthorized people – many of whom are essential workers, first responders, friends, neighbors, and colleagues.

We know that the only way to provide permanent protection is for Congress to act NOW.

‼️‼️‼️TAKE ACTION: Tell Congress that the time for temporary steps is over, we need permanent solutions NOW.
⬇️⬇️⬇️⬇️⬇️⬇️⬇️⬇️
https://www.aila.org/advo-media/tools/advocacy-action-center #/129

DACA program recently ruled invalid by Appellate Court.
Extensions will continue, new applications will continue to be accepted, but not approved until there is a final decision. Contact our office for more information.

The court partially affirmed the district court’s July 2021 decision declaring the 2012 DACA policy unlawful. However, the court of appeals preserved the partial stay issued by the district court in July 2021 and remanded the case back to the district court for further proceedings regarding the new DHS DACA regulation published on Aug. 30, 2022 and scheduled to go into effect on Oct. 31, 2022.

At this time, this ruling does not affect current grants of DACA and related Employment Authorization Documents. Consistent with the court’s order and the ongoing partial stay, we will continue to accept and process renewal DACA requests, accompanying requests for employment authorization, and applications for advance parole for current DACA recipients, and will continue to accept but not process initial DACA requests.

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

🇺🇸DOS posted the November 2022 Visa Bulletin.

In addition to final action dates and dates for filing, it contains notes on the diversity visa, extension of the employment fourth preference religious workers category, visa availability in the employment second category, and more.
USCIS determined that for November 2022, both the family-sponsored preference categories and the employment-based preference categories must use the Dates for Filing chart.

➡️🇺🇸https://www.aila.org/infonet/visa-bulletin-for-november-2022

For more info please contact our office at

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

A variety of visas help bring foreign workers to the USA to work.
Persons overseas or legally in the USA can apply.
The most common types of these visas include:

➡️Non-skilled workers on seasonal employment (seasonal resorts, landscaping) (H2A)
➡️Skilled workers where all candidates have a minimum of a college degree (computer specialists, specialized business managers). (H1)
➡️Managers or workers of special skill sets and training to assist US affiliates of foreign companies (L)
➡️Performers and persons of special abilities in the sciences, art, or business (singers, musicians, bands, artists, researchers, business professors/experts

Please contact our office for more information as to the various temporary visas available and what type of visa would best fit your requirements as an employer.

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

Christopher Kurczaba, JD

TOP RATED IMMIGRATION CHICAGO ATTORNEY

Chris is a well-known and respected attorney with over 25+ years practice experience.
With a B.A. in Political Science from Northwestern University and a law degree from Loyola University, Chris is licensed to practice law in Illinois.
He is also admitted to practice before the the United States Federal Court of the Northern District of Illinois, Supreme Court of Illinois and the New York Court of Appeals.
Chris is fluent in English, Polish and speaks Spanish.

With a focus on immigration law, Chris can assist you with immigration matters in any jurisdiction in the United States.
Chris is passionate and dedicated to helping individuals; families and businesses of all sizes find successful immigration solutions.

Services include, but not limited to:

➡️Citizenship & Naturalization
➡️Sponsorship of family members
➡️Obtaining waivers of unlawful presence in the U.S.
➡️Deferred action for childhood arrivals; work authorizations for those whom arrived in the U.S.
➡️Labor certifications
➡️Work Visas, including H1B
➡️Visas for performers
➡️Representation at Immigration court
➡️Translation services

📞 773.774.0000

📩 [email protected]

🌎 www.KurczabaLegal.com

Hours By Appointment

📌333 SE 2nd Avenue
(Avenue of the Americas)
Suite 2000
Miami, FL 33131

Best Chicago Immigration Attorney Christopher Kurczaba Law Firm #1 Chicago Top Rated Immigration Attorney & Attorneys as best Polish Immigration Lawyers - green cards, visa, citizenship, wavers, deportation Kurczaba Law.