Download an Excerpt from Shareholder Giselle Carson's New Immigration Book

Immigration Attorney and Shareholder Giselle Carson's first Immigration Book to be published soon

If you’ve been receiving and reading Ms. Carson's newsletters, you know she is working on the finishing touches of her first Immigration book – Beyond the H-1B: A Guide to Work Visa Options for Employers, Foreign Nationals, and Graduating Students.

This book is designed to help readers understand the most commonly used work visas under U.S. immigration law considering the limited availability of H-1Bs.

We’d like for our readers to get a preview.

Click here to read an excerpt from the book and let us know what you think.  I look forward to your feedback.

For more information about your Immigration status or to learn how the Marks Gray Immigration team led by Giselle Carson may assist you today, please email ImmigrationGroup@marksgray.com. 

June 2016 Immigration Bulletin is Out!

Summer Fun and Success Story: A Green Card for an Athlete

June 2016 Immigration Bulletin

by Giselle Carson

Hello, and Welcome to our June Immigration Update! 

 

In this edition, I review the milestones of the H-1B FY17 and future processing, provide tips for employers’ compliance with the new STEM OPT training plan, review the options for updating your address with USCIS and much more.  

I also share one of our recent success stories and encourage you to kick off the Summer supporting our foreign athletes.  While Jacksonville may not be home to notable immigrants like baseball star Albert Pujols, tennis sensation Anna Kournikova, or basketball giant Yao Ming, we have our own mix of remarkable athletes who've migrated to our great city.  Some of the most recent additions come to us to join our professional soccer team, the Jacksonville Armada, and our Baseball team, the Suns.  I hope that you get a chance to experience the excitement of these games and support our athletes.  

To stay updated on current immigration issues and read more client success stories we invite you to subscribe to our blog.

 

Thank you for your readership, support, and referrals.

 

Cheers!

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Are You Trying to Understand the New STEM OPT Rules? I have Tips for You!

Employers, foreign students, and schools are looking for best practices to complete the new Form I-983, Training Plan. With this in mind, I have published a White Paper to assist. The paper provides examples to complete the training program goals and objectives and measure the training effectiveness and outlines key provisions of the 24-month STEM extension.

To read the paper in its entirety and download a copy, click here. 

 

H-1B FY17 Cap Updates

As per our prior updates which we link to below, USCIS completed the H-1B Cap Random Lottery Selection Process April 9^th, 2016.

Original Article about FY17 Cap Posted Here.

Below is an outline of key events during this process and what to expect for the remainder of this process: 

April 12 - We started receiving the first receipt notices via email from USCIS Premium Processing (PP) about the selected cases.

Original Article regarding completed lottery posted here.

April 21 – We started receiving receipt notices for the cases that were filed using regular processing.

May 2 – USCIS issued a notice indicating that it had completed the data entry for all petitions and we stopped receiving receipt notices.

Original Article Here. 

May 10 to August 8 - The 17-Month STEM OPT extension applications submission.

STEM OPT Extension Update and articles regarding limited filing opportunity original posting here.

May 12 – USCIS started adjudicating Premium Processing (PP) filed petitions.

Information on PP petitions and delayed timeline associated with them here.

May 27 – Our PP filed petitions had all been adjudicated.

June to September – USCIS will return cases not selected in the lottery with uncashed filing fee checks.

June to September 30 – USCIS will process and adjudicate regularly filed cases.

Last year, most cases were adjudicated by September 30.  However, some cases that received requests for additional evidence (RFE) were still awaiting a decision in early October.

We will update our clients with pending petitions that were filed using regular processing as we receive more information from USCIS.

 

 

Notifying USCIS of Address Change

You must notify USCIS of your address changes in one of the following ways:

1. Online: USCIS Online Change of Address (recommended)*

1. By mail: Download Form AR-11 and Instructions (PDF, 1 page - 370 KB) or

1. By calling 1-800-375-5283.  If you call, you will still need to complete and submit the AR-11 form noted above. 

 

How soon after my move should I notify USCIS of my new address?

Most non-U.S. citizens must notify USCIS of a new address within 10 days of moving.

U.S. Citizens are required to notify USCIS of a change of address if they have previously submitted a Form I-864, Affidavit of Support, on behalf of someone who has become a permanent resident. If you have previously submitted a Form I-864 for someone who immigrated to the U.S., and that sponsorship agreement is still in force, you must complete a Form I-865, Sponsor’s Notice of Change of Address, within 30 days of the change in address.

 

Is changing my address with the post office enough?

No. If you only change your address with the post office, you may not receive important notices about your case.   U.S. Postal Service does not forward most USCIS correspondence. 

Do I have to submit a change of address for every pending application or petition?

Yes. To ensure that all USCIS correspondence is sent to your current address, you must submit a change of address for every pending application and/or petition that you have with USCIS. 

 

Where can I find additional information about reporting an address change to USCIS?

Additional details can be found at:  How Do I Report a Change of Address to USCIS?

 

High Demand for EB-1 Visas to Force Cut-Off Date

Because employers and foreign nationals are looking for alternatives to the H-1B cap, the Department of State (DOS) and USCIS have advised that there has been a significant high demand for visas in the EB-1 category.  DOS has said that should the demand continue to remain at the same rate, some form of “corrective action” would be necessary before the close of the fiscal year to regulate worldwide visa numbers. This may require the establishment of a cutoff date or other form of regulation.

Read full blog post here.
 

June Visa Bulletin: EB-2 & EB-3 Retrogression

The demand for the EB-2 employment-based category is also very high.  As a result of the ongoing high demand for visa numbers for EB-2 India and lack of access numbers from EB-2 worldwide which could have been used for India, the EB-2 India final action date retrogressed to October 1, 2004. The DOS expects that the EB-2 India cutoff date will advance slowly for the rest of the fiscal year, at a pace similar to the EB-3 advancement.

Similarly, the EB-2 and EB-3 employment-based for China final action cutoff date have retrogressed to January 1, 2010. The cutoff dates for EB-2 and EB-3 are expected to remain unchanged for the remainder of the fiscal year, therefore, applicants will have no incentive to downgrade from EB-2 to EB-3.

Full blog post here.

 

Success Story: EB-1 Extraordinary Ability Approval for Professional Soccer Player 

Pro L, an Argentinian professional soccer player, came to our office for help obtaining a Green Card based on his “Extraordinary Ability” (an EB-1, I-140 petition) as a soccer player.

We met and reviewed his entire professional career. We carefully organized and identified evidence of his extraordinary roles, sharp and crisp skills under pressure, and employment with distinguished teams. We selected and included evidence of the wins of his teams in sought after championships as a result of his performance.  We also incorporated evidence of the major media coverage he received for his contributions including appearances on ESPN, interviews, and newspaper articles. The filing also contained evidence as to how Pro L’s work as an athlete benefits the ongoing growth of soccer in the U.S.

USCIS agreed with us and his I-140 petition was approved. I’m honored to work with athletes of extraordinary talent and their teams. As a marathoner and Ironman triathlete, I’m inspired by the accomplishments and discipline of these athletes. Despite multiples accolades, Pro L and his family are amazingly friendly and down-to-earth.   We look forward to his ongoing contributions to our country.

Congratulations to Pro L and his family!  

You can view the original newsletter by clicking this link. 

May 2016 Immigration Bulletin is Out!

Shareholder and Immigration Attorney Giselle Carson released her May 2016 Immigration Bulletin - Running on Passion - on Tuesday. 

Hello, and Welcome to our May Immigration Update! As you might know, the stressful and uncertain H-1B lottery process is almost complete and we are grateful to have been able to help many of our clients navigate this process, obtain FY17 cap-subject H-1Bs and strategize alternatives.  This newsletter contains updates on the process and options. Additionally, our team and I have continued to be very involved in the Jacksonville Bar Association and other community activities. As a result, I was selected for a First Coast Success Profile - Running On Passion. You can read more about this profile and other events in this bulletin. Some of you might be in the process of planning a summer vacation or time off.  I wish you happy planning and fun times.     To stay updated on current immigration issues, we invite you to subscribe to our blog.  Thank you for your readership, support and referrals.   Cheers! To read the full article, click here.

Giselle Carson's feature in First Coast Success is on stands now!

The Jacksonville Financial News and Daily Record's First Coast Success feature on Giselle Carson is available now

Cover page of the April 25th Edition of the
Jacksonville Financial News and Daily Record

We are proud to have Giselle Carson as a Shareholder at Marks Gray! Today the Jacksonville News and Daily record published their latest First Coast Success story which highlights Giselle's accomplishments. To read the online version visit the Daily Record website or download the digital version of the print article here. The audio recording of the interview will be featured on First Coast Connect with Melissa Ross and available for replay here.

April Immigration Bulletin is Out!

H-1B Cap Updates for FY 2017 - Over 236,000 H-1B Petitions Filed and Lottery Completed

Subscribe to stay up to date with immigration alerts!

USCIS just announced that it received over 236,000 cap-subject H-1B petitions. This number is just slightly higher than last year when USCIS received 233,000 petitions. 

 

We don’t yet have the number of U.S. Master’s vs. Bachelor’s degree petitions received.   We know that more than 20,000 U.S. Master’s petitions were received. 

 

USCIS conducted the lottery process April 9^th, 2016 and selected the required 65,000 Bachelor’s and 20,000 U.S. Master’s petitions. Petitions not selected will be returned over the following months. Prior to returning those unselected petitions, USCIS will start issuing receipts for those petitions selected starting with those that were filed via premium processing. 

 

To read USCIS press release click here.

 

As we track the H-1B filings, we will provide updates via our blog and newsletter.  In the meantime, this news alert contains several pieces of information relating to the H-1B process should you not be selected for the H-1B.

 

To stay updated on current immigration issues, we invite you to subscribe to our blog. 

Back Up Plans for Immigrants Who Don't Secure an H-1B Visa

While many foreign nationals might have to wait until next April for another chance at H-1B status, the following options should be considered for affected employees:

H-1B’s that Are Cap-Exempt

These include petitions for employment at an institution of higher education, or a related or affiliated nonprofit entity, nonprofit research organization, or governmental research organization and physicians on J-1 visas who receive H-1B status through the Conrad 30 program on the basis of agreeing to work in medically underserved areas for three years. H-1B visas are also available for beneficiaries filing for amendments, extensions, and certain employment transfer.

STEM/OPT Extension and F-1/CPT

A 24-month optional practical training (OPT) for foreign nationals with advanced U.S. degrees in designated Science, Technology, Engineering or Math (STEM) fields.  A 7-month OPT extension for those currently using the 17-month extension. The new 24-month STEM OPT rule allows DHS to designate "related fields" on the STEM list. 

"In general, related fields will include fields involving research, innovation, or development of new technologies using engineering, mathematics, computer science, or natural sciences (including physical, biological, and agricultural sciences)." To qualify for the STEM/OPT, employers must be enrolled in E-Verify and complete an individualized Form I-983 "Mentoring and Training Plan".  Students must work with their DSO to file for the STEM/OPT benefit.    

Foreign students should also look into continuing in F-1 status and explore with their DSO internship opportunities under curricular practical training (CPT).

Visas for Professionals from Canada, Mexico, Australia, Chile and Singapore

Certain Canadian and Mexican professionals might qualify for a TN visa available under the NAFTA.   To qualify, the foreign national must have the required nationality, be offered a temporary position by a U.S. employer in one of the professions specified in Appendix 1603.D.1 of NAFTA and possess the degree or credentials required under NAFTA for the position.  

Nationals of Australia should consider the E-3 visa and nationals of Chile and Singapore should consider the H-1B1 visa.

Other Work Visa Categories

The L-1 visa, intra-company transferee, is available to certain employees who have worked for a parent, branch, subsidiary or affiliate of the U.S. employer outside of the U.S.   To qualify, the immigrant must have worked for at least one consecutive year full time in the prior three years.  The employer must seek to transfer the employee to the U.S. to work as a manager/executive or specialized knowledge professional.

The O-1A is available to individuals who can demonstrate extraordinary ability in the sciences, education, business or athletics.  The evidence must show that the candidate is among the small percentage of people who have risen to the very top of their field of endeavor, as demonstrated by sustained international or national recognition for their achievements in the field.

The E-1 or E-2 is available to principals and employees of companies whose country of majority ownership has a treaty of commerce with the U.S.  E-1 treaty trader status is available to businesspersons who seek to engage in substantial trade in goods or services.  The E-2 treaty investor status is available to individuals who seek to develop and direct the operations of a business in which the foreign national or his/her employer has invested or is in the process of investing a substantial amount of capital.

Conclusion

Unfortunately, the currently insufficient number of H-1B visas for highly skilled temporary workers and limited number of alternatives is creating significant challenges for U.S. employers that rely on foreign workers, particularly in the high technology and health care industries.  Early planning, creativity, and flexibility are critical.

We will continue to monitor and provide updates on further developments in immigration law, including any potential changes to the H-1B program and visa availability.

Limited Window of Opportunity to File for Seven Month STEM OPT Extension Under Revised Rule

Foreign students currently on STEM OPT may apply for an additional seven months to benefit from the new 24-month period of STEM OPT rule. But, the time frame to apply is limited. According to the latest USCIS update, applicants must submit required paperwork to request the extension between May 10 – August 8, 2016.   

 

To qualify for this seven-month extension, students must have at least 150 calendar days remaining before the end of the 17-month OPT period at the time the Form I-765 is filed. They must also meet all other requirements for the 24-month STEM OPT extension. The 150-day minimum remainder of OPT time is aimed to provide the student with at least one year of practical training under the extension. Any 17-month STEM OPT EAD that USCIS issued on or before May 9, 2016, will remain valid until the EAD expires, is terminated or revoked. 

 

DHS will not automatically convert 17-month extensions into 24-month extensions. Students considering applying for this extension should contact their DSO as soon as possible to obtain additional guidance and authorization to proceed with the application.  

Traveling Abroad While a Change of Status is Pending is Fatal

Often foreign nationals are admitted in one category and apply for a change of status (COS) to another category while in the U.S. For example, we just filed cap-subject H-1B petitions for many immigrants who were in F-1/OPT status requesting a COS to H-1B. If an immigrant applies for a COS and travels abroad while the petition is pending, their application would be considered abandoned and USCIS would issue a denial. Traveling abroad will also result in a denial of any Form I-765, Application for Employment Authorization, filed before the COS is approved. Therefore, traveling abroad can be fatal to your filing.

Expired I-9 Form Currently in Use

The current Form I-9 Employment Eligibility Verification expired March 31, 2016. However, USCIS has allowed employers to continue to use the current version of the Form I 9 until additional comments are received and a new form is finalized and approved.

Public comments may be submitted until April 27, 2016.  In response to the public comments already received, USCIS has made changes to the proposed new form including:

• Validations on certain fields to ensure information is entered correctly;
• Drop-down lists and calendars;
• Embedded instructions for completing each field;
• A dedicated area to enter additional information that employers are currently annotating in the margins;
• A quick-response (QR) code that generates once the form is printed to facilitate audits; and
• Removing the requirement that foreign nationals provide both their Form I-94 number and passport information in Section 1.

Employers should continue to use the current version of the Form I-9 until the new proposed version is released. USCIS will post the final version on its website once it is available. We will post updates on this important issue as they are made available.

Jacksonville Bar Bulletin: The Power to Transform

Have you given back to the community recently? Marks Gray Shareholder and Jacksonville Bar Association President, Giselle Carson, discusses the influence of community service in her April 2016 Bar Bulletin. 

On stands now!

Marks Gray Shareholder and the Jacksonville
Bar Association President, Giselle Carson

Monday, April 4, 12:33 PM EDT

By Giselle Carson, The Jacksonville Bar Association president

In 1848, primarily through the giving of Joshua Bates, a Bostonian merchant and banker, the Boston Public Library was founded. This is the oldest free public city library in the world and the first to allow its patrons to borrow books. Prior to its founding, libraries were opened only to a select few. The founding of the BPL transformed the lives of many who otherwise might not have had access to reading materials.

In 1851, a group of citizens led by retired Boston sea Capt. Thomas Valentine Sullivan noticed a need to create a safe gathering place for sailors and merchants, and founded the first YMCA in the U.S. They were inspired by the London YMCA, which was established in 1844. As a result, YMCAs continue to transform and improve the mind, body and spirit of individuals and families in communities across the country.

In 1897, a group of visionary attorneys formed The Jacksonville Bar Association to maintain the honor and dignity of our profession, regulate the practice and promote improvements in the law and its administration, and cultivate professional ethics and social ties among the members. Since its inception, the JBA has been positively transforming and making a meaningful difference for our members and community.

As I reflect on my tenure as president, one of my measures of success is how our organization continues to give back and positively impact our community and members.

Every day, our members donate their time, energy, expertise and money to make an impact, share expertise, learn new skills, strengthen our community, meet others and improve health.

Making an impact

Our Young Lawyers Section is all about making an impact. Under the leadership of Lindsay Tygart with Edwards & Ragatz, P.A., and Christian George with Akerman LLP, our YLS events are making a lasting difference in our community.

The charity golf tourney, poker tournament and Chili-Cook Off (chaired by Alexandria Hill with Gray Robinson) raised over $37,000, which was donated to the JT Townsend Foundation, K9s for Warriors and Community Connections.

Additionally, under the leadership of Amanda Thomas with Driver, McAfee, Peek & Hawthorne, P.L., Michael Lockamy with the Bedell Firm and Ryan Hyde with Thames, Markey & Heekin, P.A., the YLS, in partnership with the Jacksonville Zoo and Gardens, hosted its Holidays in January and donated 20 bicycles and other gifts to children identified by Family Support Services.

These are just a few examples of how our YLS is transforming our community.

Sharing expertise

We all have skills that can benefit others. Our Pro Bono Committee, under the leadership of Kathy Para with Jacksonville Area Legal Aid and Laura Boeckman with the Office of the Attorney General, has conducted more than 10 Ask-A-Lawyer and Advance Directive for Seniors events, where 15 to 50 residents are helped at each meeting. Our members share their time and expertise at Saturday clinics with community members to help draft estate planning documents and answer questions relating to contracts, family law, foreclosure, employment, probate and other areas of law.

Learning new skills

Interested in learning what it takes for a U.S. legal permanent resident to become a U.S. citizen? Why not volunteer for the Law Day Committee’s Citizenship Day? Our Law Day Committee, under the leadership of Emily O’Leary with Foley & Lardner LLP and John Wallace with Moseley, Prichard, Parrish, Knight & Jones, have many outstanding Law Day celebratory events, including Citizenship Day, a swearing-in ceremony for new U.S. citizens, a poster contest with students from local elementary schools and an art supply and toiletries drive to benefit local schools and Downtown Ecumenical Services.

At Citizenship Day on April 9, more than 100 legal immigrants will receive assistance with completing the U.S. Naturalization Application. Several pro bono attorneys, paralegals and law students will work as teams in shifts to bring this amazing event to life. It is not too late to participate in Citizenship Day — contact Kathy Para for information on getting involved.

Strengthening our community

Under the leadership of Shea Moser with Moseley, Prichard, Parrish, Knight & Jones and Tony Zebouni with Regan, Whelan, Zebouni & Atwood, our Community Outreach section is making our community stronger, healthier and happier. Last December, our Senior Holiday Project Committee, under the leadership of Alessandro Apolito with Brennan, Manna & Diamond, LLC, and John C.W. Cherneski with Milam, Howard, Nicandri, Dees & Gillam, P.A., and in collaboration with Meals On Wheels and the Jacksonville Sheriff’s Office, granted the holiday wishes of about 400 seniors. These citizens benefited from our members’ donations of blankets, clothing, food, and even more important — cheerful and warm visits during the holiday season.

On April 28, under the leadership of Cyndy Trimmer with Ansbacher Law, Megan Kelberman with Gunster and Jessica Mathis with Wicker, Smith, O’Hara, McCoy & Ford P.A., the eighth annual celebration of Rendezvous on the River will take place.

This is the fifth consecutive year the proceeds from this event will benefit Dreams Come True, a local charity. As in years past, the event will raise money to bring hope and joy to one First Coast child battling a life-threatening illness.

Sponsorship opportunities are still available for Rendezvous on the River.

If you are looking to give a donation and/or would like to help give back to a worthwhile cause, we urge you to consider donating to this event.

You may contribute by contacting Cyndy, Megan, Jessica or the JBA.

Meeting others

Looking to broaden your network? Giving back and being engaged, even if electronically, is a great way to connect with others. During the fall, the JBA launched our Social Media Campaign, which was coordinated by our very own JBA staff, Carla Ortiz-Ramos and Julia McCormack, to promote the electronic connections of our members. As a result, over $5,000 was presented by the JBA to JALA to raise awareness of both organizations.

Improving health

I could not speak about transforming lives and giving back, and not speak about its beneficial impact on health. Research shows that doing something positive for others stimulates the release of endorphins. Many people report a “high” from volunteering, similar to the positive feeling that results from exercise. Volunteering is not only an excellent way to help others feel better, but it makes us physically healthier, lowers our stress and helps us live happier more fulfilled lives.

I am especially thankful to Alison H. Sausaman with Marks Gray, P.A. and County Judge Eleni Derke for giving their time and energy to improve the health and serenity of our members through our Tuesday Walk and Talk events held every other week at 5:30 p.m. and Yoga for Legal Warriors. I hear the last Yoga for Legal Warriors created a very positive buzz in the Duval County Courthouse. I hope to see many of you at our next session on April 29.

I am grateful and thankful for our sections, committees and individual members that, much like the visionaries who founded the BPL and YMCA, work tirelessly to make an impact and transform lives in our community every day.

Giselle Carson is president of The Jacksonville Bar Association and an attorney at Marks Gray.

Marks Gray, P.A. hosts Mayor Curry and the Florida Hispanic Leadership Group

Local Hispanic leader and Marks Gray Shareholder, Giselle Carson, hosts roundtable discussion with Jacksonville Mayor Lenny Curry 

Mayor Lenny Curry and Shareholder Giselle Carson with distinguished members
of the Hispanic Leadership Group in Jacksonville 

Giselle Carson was honored to host a lively roundtable discussion with Jacksonville Mayor Lenny Curry and the Florida Hispanic Leadership Group of Jacksonville at the Marks Gray, P.A. office on Wednesday, March 24. The group of local leaders and Mayor Curry discussed several important issues affecting Jacksonville area Hispanic families, businesses and the community at large.

Mayor Curry addressing the room at the
roundtable discussion at Marks Gray, P.A.

This is not the first meeting of these influential leaders with Lenny Curry, however, it is their first meeting since Curry won the Mayoral race in May of 2015. The topics on the agenda at the latest gathering covered several of the biggest issues currently facing Jacksonville. Crime and community safety, pension reform and voter education were all subjects addressed. Giselle and the Hispanic leaders hope to meet quarterly with the Mayor in order to keep the lines of communication open for future discussions. 

Shareholder Giselle Carson hosts Florida Lt. Governor Lopez-Cantera at Marks Gray, P.A. Office

Shareholder Giselle Carson with distinguished
guests at the Marks Gray Office in Jacksonville, FL. 

Attorney Giselle Carson was honored to have Florida Lt. Governor, Carlos Lopez-Cantera, at the Marks Gray office on Tuesday, July 21. He is the first Hispanic to hold this position in Florida and recently announced he will be running for Senator Marco Rubio’s seat. Mr. Lopez-Cantera joined Jacksonville area Hispanic leaders for coffee and discussion.