Welcome Back! 👋🏼

Dear Valued Readers,

Greetings from NawLaw, your trusted partner in navigating the ever-evolving landscape of immigration. In this edition of our newsletter, we're thrilled to bring you a curated collection of crucial immigration updates, insights into the latest at NawLaw, and answers to frequently asked questions from our clients.

Thank you for entrusting NawLaw with your immigration journey. We're here to guide you every step of the way.

H-1B Announcements:

Getting Ready for the H-1B Lottery: Contact Us Now to Begin Preparing for H-1B Registration!

The H-1B visa program is highly competitive, and the annual lottery determines the selection of candidates for this sought-after visa category. To maximize your chances of success, it is imperative to have all your documents in order. Here's a checklist to help you get started:

• USCIS Update: USCIS has announced the launch of organizational accounts, streamlining the H-1B process to help reduce duplicate registrations and other common errors. Registration will likely begin in March and applicants and petitioners will be accepted by USCIS starting April 1st, 2024.

• 1.      Updated Resumes: Make sure your resume is current, highlighting your skills, achievements, and relevant work experience. This is a key component that showcases your qualifications to potential employers.

  2.     Diplomas: Verify that your educational credentials are up-to-date. Having accurate and recent diploma copies is crucial when demonstrating your eligibility for the H-1B visa.

• our dedicated NawLaw team will personally work with you to determine the documents and information needed to properly register for the H-1B cap. We are committed to providing personalized and effective immigration solutions to help you achieve your goals in the United States. Over 40 years of experience and expertise matters!

H-1B Domestic Renewal Program:

The Department of State has announced it will be running a pilot program for domestic H-1B visa renewals. The pilot program will be accepting applications from January 29, 2024, through April 1, 2024. Applications have not been released yet. Program applicants must meet the following criteria:

1. Are seeking to renew an H–1B visa; during the pilot phase, the Department will not process any other visa classifications;

2. The Prior H–1B visa that is being renewed was issued by Mission Canada with an issuance date from January 1, 2020, through April 1, 2023; or by Mission India with an issuance date of February 1, 2021, through September 30, 2021;

3. Are not subject to a nonimmigrant visa issuance fee (Note: this is commonly referred to as a “reciprocity fee”);

4. Are eligible for a waiver of the in-person interview requirement;

5. Have submitted ten fingerprints to the Department in connection with a previous visa application;

6. Prior visa does not include a “clearance received” annotation;

7. Do not have a visa ineligibility that would require a waiver prior to visa issuance;

8. Have an approved and unexpired H–1B petition;

9. Were most recently admitted to the United States in H–1B status;

10. Are currently maintaining H–1B status in the United States;

11. The period of authorized admission in H–1B status has not expired; and

12. Intend to reenter the United States in H–1B status after a temporary period abroad.

The Department will, each week, release approximately 2,000 application slots for applicants whose most recent H–1B visas were issued by Mission Canada, and approximately 2,000 application slots for those whose most recent H–1B visas were issued by Mission India on the following dates: January 29, February 5, February 12, February 19, February 26.

Biden Administration Escalates its Border Dispute with Texas After 3 Migrants Drown

On Monday the Department of Justice filed a request with the Supreme Court to allow federal agents to access a part of the border along the Rio Grande River that is occupied by the Texas National Guard and the Texas Military Department. This is in response to the recent deaths of three migrants who drowned while trying to cross the Rio Grande. The Department of Homeland Security and the Texas Military Department currently give different timelines as to when the drownings occurred. The Land Department of Justice has requested access for federal agents in Shelby Park near Eagle Pass, a “hotspot” for border crossings; the State of Texas has recently closed off the area to the public and Border Patrol as a part of Texas Governor Abbott’s promise to do everything in his power to curb the border situation.

Bad News For Employers, Immigrants, and H-1B Visas In Second Trump Term

A potential second term for Donald Trump may result in new restrictions on legal immigration, particularly affecting H-1B visas for foreign-born scientists and engineers. Trump's first term witnessed increased denial rates for H-1B petitions, and a second term could bring back the restrictive H-1B interim final rule from 2020. Proposed rules, including limitations on specialty occupations and higher minimum wages for H-1B visa holders, may impact companies, potentially leading to the outsourcing of jobs and innovation abroad. Employers are advised to factor the possibility of a Trump presidency into their contingency plans, considering potential policies that restrict immigration and impact the entry of H-1B and L-1 visa holders.

Biden to Meet with Top Congressional Leaders on Immigration and Ukraine Aid

President Joe Biden has called a White House meeting with top congressional leaders to discuss national security funding, including aid for Ukraine, Israel, and border security. The meeting is crucial as Congress faces the need to pass a short-term funding bill to prevent a government shutdown before Friday night. Meanwhile, bipartisan Senate negotiators are working on a separate agreement for increased border security measures tied to additional military aid for Ukraine.

Fueled By Unprecedented Border Crossings, a Record 3 Million Cases Clog US Immigration Courts

The immigration court backlog in the United States has now reached an unprecedented level of 3 million cases, fueled by a surge in migrants seeking asylum after crossing the border illegally. A couple with three young children, facing deportation to Honduras due to gang threats, was granted a three-month extension by Judge Christina Martyak in a Miami court. The backlog, which has grown by over 1 million cases in the last fiscal year, is causing concerns among judges, attorneys, and migrant advocates, making the already strained system increasingly unworkable.

NYC Sues 17 Charter Bus Companies for $700 Million Over Sending Asylum Seekers to the City from Texas

New York City Mayor Eric Adams has recently filed a lawsuit against 17 charter bus companies, suing them for $708 million, for their part in transporting migrants from Texas into the city. NYC is seeking the damages to help cover the cost of care to the asylum seekers/migrants who have arrived in the city. The Adams administration argues the charter bus companies operated in “bad faith”, aiming only to shift away the costs of care, which violates section 149 of New York Social Services Law that states that any person “who knowingly brings, or causes to be brought, a needy person from out of the state into this state to make him a public charge” will be obligated “to convey such person out of the state or to support him at his own expense.” Texas Governor Abbot says that the lawsuit is “baseless and deserves to be sanctioned”, stating that Mayor Adams “knows nothing about the Commerce Clause of the U.S. Constitution, or about the constitutional right to travel that has been recognized by the U.S. Supreme Court.”

Supreme Court to Review Case of Man Denied Visa Because of His Tattoos

The Supreme Court has agreed to hear the case of Luis Ascencio-Cordero, who was denied visa entry to the United States in part due to his tattoos. Federal officials argued that the tattoos, the two most notably of which include theatre masks and a depiction of Our Lady of Guadalupe, signal Ascencio-Cordero’s involvement with the MS-13 gang and thus barred him from entering the country. Ascencio-Cordero maintains that he is not in a gang, has no criminal record, and that the tattoos in question are merely a testament to his faith. The Court will be examining the question of whether or not a visa denial is even reviewable by the Judicial branch, as well as whether or not Ascencio-Cordero’s wife, a U.S. citizen, is having her right to due process denied.

NYC Man Indicted for Posing as Immigration Attorney and Stealing Thousands of Dollars from Migrants

Recently, a NYC 33-year-old, Pablo Israel Ortega Cuenca, was indicted on accusations that he posed as an immigration attorney and collected thousands of dollars in legal fees from immigrants seeking to become citizens/permanent residents. He has been charged with a single count of first-degree scheme to defraud, as well as two counts each of first-degree immigrant assistance services and third-degree grand larceny. The office of Manhattan District Attorney Alvin Bragg stated in a press release, "Cuenca misled at least two people into believing that he was an immigration attorney and in doing so also held himself out as either an attorney with the Center for Migration Studies, an employee of the Spanish Consulate or as a government immigration official. Based on these representations, Cuenca received over $11,000 in legal fees from multiple people." The District Attorney’s office also stated that it encourages anyone who believes they may be or may know someone who has been a victim of fraud to contact Bragg's Immigration Affairs Unit at 212-335-3600, or via WhatsApp at 347-371-0877.

Biden Wants Mexican Help to Stop the Record Surge of Migrants. Here’s What Mexico Wants in Return.

Amid the continuing difficult situation at the border, President Biden has been increasingly leaning on help from the Mexican government to mitigate the effects of illegal border crossings. President Biden met with Mexican President Obrador in December, which served as an opportunity to forge an initial outline for plans moving forward. Biden is set to meet with Obrador again later this month to iron out details. Currently, Obrador is aiming for a lot in return for helping the U.S. via increased enforcement on its end. Namely, President Obrador is requesting a “plan that would deploy $20 billion to Latin American and Caribbean countries, suspend the U.S. blockade of Cuba, remove all sanctions against Venezuela, and grant at least 10 million Hispanics living in the U.S. the right to remain and work legally.” While Biden officials are optimistic and eager to come up with a deal that benefits both parties, they’ve noted that some of Obrador’s requests have to go through Congress.

Governor Murphy Signs Immigrant Rights Bill Amid Controversy Around Migrant Busses

New Jersey Governor Phil Murphy recently signed a trio of bills aimed at improving immigrants’ rights. The bills, referred to as “the People’s Agenda”, extend protections for domestic workers in New Jersey, mandate state agencies to translate documents into multiple languages other than English, and change how Asian residents can identify in demographic data collection. The most applauded bill was the “Domestic Workers’ Bill of Rights,” which requires employers to enter into written contracts with domestic workers, sets requirements for breaks, mandates employers pay the state minimum wage and establishes penalties for violating the law, including penalties for retaliation. Various immigrant rights groups have commended Murphy for his and the N.J. legislator’s actions amid the dramas of the border situation and migrant bussing fiasco.

Firm Announcement 📣

Writs of Mandamus Accomplishment

NawLaw has successfully filed lawsuits against the federal government for clients whose applications have been pending with USCIS beyond standard processing times. This is a terrific tool that yields fast and excellent results for our clients!

🐾Pet of The Month 🐾

Meet Cooper, our delightful Pet of the Month! 🐾 This 1-year-old Golden Doodle is spreading joy with his fluffy charm and playful spirit, adding endless smiles to his family's days. Let's come together to celebrate Cooper, the pint-sized bundle of joy who truly embodies paw-sitive vibes! 🎉

Client FAQ’s

Will an Immigration Fee Hike Happen in 2024?

Despite efforts to make immigration more accessible for low-income individuals and those seeking citizenship, there are concerning developments on the horizon. The costs associated with adjustment of status (green card) applications may see a substantial increase, skyrocketing from the current $1,760 to $3,500. Additionally, USCIS is considering imposing charges for optional work and travel permit forms, previously free, adding financial burdens for applicants during the green card application process.

The impact extends to work visas as well. If implemented, the H-1B E-registration fee might surge from $10 to $215. Furthermore, H-1B visa application fees are anticipated to rise by 70% upon the proposal's enactment, potentially hindering U.S. employers' capacity to sponsor foreign workers due to elevated costs. Stay informed about these potential changes that could significantly affect immigration processes and costs.

How Soon After I Marry a U.S. Citizen Can I Become a Citizen?

To obtain U.S. citizenship, the typical journey involves first becoming a lawful permanent resident through the green card application. The duration of this process varies, typically ranging from 9 months to two years for most individuals.

If you obtained your green card through marriage to a U.S. citizen, you can generally initiate the naturalization process and seek U.S. citizenship after three years from the date of receiving your green card.

For additional details on the naturalization timeline and procedure, schedule a consultation with NawLaw and our experienced legal team can assist you on your immigration journey.

We Are Your Trusted Source for U.S. Immigration! - Experience Matters!

About NawLaw: NawLaw, an established law firm in New York City and one of the very few immigration law firms to achieve success in the U.S. Supreme Court, boasts over 40 years of experience providing expert legal solutions for U.S. immigration cases nationwide & globally assisting companies abroad in transferring key personnel to the U.S. With a client-focused approach and a reputation for success, NawLaw is dedicated to helping its clients achieve the American Dream.

NawLaws Promise: At Nawlaw we are what we say we are- recognized leaders in creating effective U.S. Immigration solutions. We have established credibility through our successful record of achievements!