Tag: #attorneyahmadyakzan

Immigration Attorney Ahmad Yakzan

Attorney Ahmad Yakzan Appears on WTSP Action 10 News

Attorney Ahmad Yakzan appeared on WTSP ABC Action News to discuss the President’s new Executive Order on H1B visas. Attorney Ahmad Yakzan highlighted the fact that the current H1B system needs grave reforms. Attorney Yakzan also discussed the fact that Executive Order did not make substantial changed to the present system.

Attorney Ahmad Yakzan appears frequently on TV to discuss immigration issues. He can be reached at yakzan@americandreamlawoffice.com or by calling 1-888-96-DREAM.

http://www.wtsp.com/mb/news/local/verify-buy-american-hire-american-whats-the-executive-order-actually-do/432647131

USCIS Issues New Memorandum On L1-B Adjudications

Yesterday, USCIS issued a Memorandum relating L1-B adjudications. This is an interim Memorandum, meaning that the government is asking for comments from the public. The comment period will end on May 8, 2015 and the Memorandum will be effective on August 31, 2015. As you may recall, President Obama made this one of his priorities in his November 20, 2014 announcement.

Perhaps the best thing in the Memorandum is the clarification of the applicable burden of proof. I have handled several of these cases where the AO asked for more information than necessary. These officer often forget that immigration is a civil matter and the applicable burden of proof is “preponderance of evidence” and is not “beyond a reasonable doubt” as it is in criminal cases. This is a very important distinction since a violation of this burden is arguably a violation of a Petitioner’s due process rights.

The Memorandum tries to clarify the meaning of the terms “advanced” and “specialized” knowledge. The Memorandum also lists things that the L1-B beneficiary does not have to possess. For example, the  memorandum mentions that an L1-B beneficiary does not have to be a manager or executive, and the Petition does not have to test the US Labor market. The Memorandum also mentions that the specialized knowledge does not have to be narrowly held in the petitioning organization. Lastly, the Memorandum also mentions that eligibility for another non-immigrant classification does not bar someone from holding the L1-B classification. The Memorandum also lists some needed documentation that would help a Petitioner show that the Beneficiary is eligible for L1-B classification.

The one great thing about the Memorandum is the fact that it adds much more details regarding the issue that its predecessors. For example,  the 12/02/2002 Memorandum regarding the same issue was less that one page long. However, there ares some issues relating to the present Memorandum that should be addressed. For example, I am afraid that the list of evidence would be used by adjudicators as the all inclusive list and would not allow other evidence to be admitted. Additionally, there is always the issue of misinterpretation. For example, I had an case where the adjudicator asked for patents held by the Petitioner, when the Memorandum clearly states that knowledge does not have to be exclusive to the Petitioner.

I welcome the Memorandum because it is desperately needed. I think the problem as I see it is not a problem of Memos, but a problem of adjudicators not following the law and applying their own interpretations. What do you think?

USCIS To Start Accepting Expanded DACA Applications on 2/18/15

United States Citizenship and Immigration Services announced last week that it will start accepting application for expanded Deferred Action for Childhood Arrivals (DACA) starting February 18, 2015.

On November 20, 2014, President Obama announced an expanded program to defer the removal of certain undocumented immigrants who were brought to the United States as children, and became undocumented, through no fault of their own. President Obama announced the initial program on June 15, 2012, and the program has helped more than 500,000 individuals. The expansion defers removal for three years, and removes the initial age limitation. Applicants will be granted an Employment Authorization Document (EAD), after passing the necessary background checks.

USCIS also announced that it will begin accepting Deferred Action Requests for Parents of US Citizens (DAPA) later this year. Applicant for both types of Deferred Action must not have been convicted of significant misdemeanors. USCIS will not use the information contained in the applications to begin removal proceedings.

 

Hatch Introduces I-Squared Act of 2015 To Help Skilled Workers

Senator Hatch introduced the ‘‘Immigration Innovation Act of 2015’’ or the ‘‘I-Squared Act of 2015’’ on the Senate today. The Act aims to get more skilled immigrants into the United States. It has three components:

1. It raises the amount of H1B visas available for skilled immigrants. The Act raises the number of visas depending on the time-frame during which the current numbers are exhausted. The Act also codifies giving H1B dependents Employment Authorization Documents (EAD). Dependents are not currently allowed to work.

2. The Act also aims to move the backlog on immigrant visa by increasing the available number of visas available for immigrant visa petitions by changing the per capita numbers for countries.

3. The Act allows immigrants to move employer more easily by allowing them to stay in status for 60 days after their employment is terminated.

The Act deals with some other things, including raising funding for STEM programs.

Visit this link to read the Act.

The I-Squared Act of 2015 tries to fix many of the persistent problems that have led to the departure of many American educated students from the United States.

I am Blessed (Of Course It’s Because I am an Immigration Attorney)

Many people tell me that I could be making more money by practicing something other than immigration (right after I introduce myself that is). I usually have a nice smile on my face and I simply say that I am simply privileged because I am an immigration attorney.

I recently saw a friend of mine, who happens to be my former client, at the mosque. We recently won his case and he was beside himself with joy. He could not hold back his tears because he will be able to stay int he United States with his family. It just warmed my heart.

I know we are in the middle of a national debate regarding the President’s executive orders. I am a strong believer that the President is right. I always debate with people who are opposed to what the President has done. It is moments like these that make my response to these people even stronger. Of course I am blessed, and of course it is because I am an immigration attorney.

DRUM ROLL: President Obama’s Video Announcement of his Prime Time Address to the Nation

President Obama announced, in a video, that he will be giving a speech about immigration at 8:00 p.m. tomorrow.  It is very interesting that the President chose to announce this executive action in a prime time address. I remember that he announced Deferred Action for Childhood Arrival (DACA) by issuing the executive order without addressing the nation.

I believe that the President is doing this to debunk some of the misinformation regarding his authority to issue the executive order. Many scholars have issued statements endorsing the President and his plans, which others have not. I do believe that he has the power to issue the executive order, a right upheld by the courts after ICE officers sued the President after DACA. This should be a very interesting week.

Democrats to President Obama: Do what Republican Presidents Have done Before you on Immigration Reform

The Democratic leadership in Congress sent a letter to President Obama urging him to issue an executive order granting relief to millions of undocumented immigrants. The letter sited the fact that previous presidents, including Republicans, have used their executive powers to grant such relief. Republicans have opposed such move.

As I have said before, these measures, while welcome, do not negate the fact that we need comprehensive immigration reform passed by Congress. This might not happen though, in light of the highly polarized atmosphere we have on capitol hill.

Stay tuned for updates on what is going on. Fox News reported last week that the executive order might be issued this week.

What Will Loretta Lynch’s Nomination Mean for Immigration Reform?

The White House just announced the nomination of Loretta Lynch as the new Attorney General. Ms. Lynch has a long history of civil rights victories. However, what will her nomination mean for immigration purposes?

The Attorney General overseas a great deal of the immigration system. The Immigration Court system and the Board of Immigration Appeals are both supervised by the Justice Department, which is directly overseen by the Attorney General. The Attorney General can also overrule the Board of Immigration Appeal’s decision and may sua sponte take over cases in the system for his review.

Several Republican Senators have asked Lynch to weigh in on the immigration debate. Some are even considering this issue a potential road block to her conformation. The problem here is the administration’s reputation for deporting undocumented aliens, a reputation that Ms. Lynch will inherit as the Attorney General. We will have to wait and see if Ms. Lynch would follow Holder’s steps, or if she would draw her own path.

What do you think?

Is Immigration Reform Possible Even After Last Night’s Vote?

We all know that yesterday’s election results are very bad for immigration reform. After all, the last time we had a Democratic President with a Republican controlled Congress we witnesses the passage of IIRIRA (Illegal Immigration Reform and Immigrant Responsibility Act).

Despite last night’s vote, President Obama vowed today that he will be using his executive powers on immigration to grant some relief for certain immigrants. However, as I discussed in previous posts, these measures will fall short for several reasons, least of which, they will not be followed by the same people entrusted with enforcing these policies. Executive action will also not deal with the long wait times for both immigrant and work visas.

President Obama promised that the new executive action before the end of the year, unless he gets a bill that “he could sign”. I know that these measures will fall short, but they could allow millions of immigrants remain in the country where they have established family ties for decades.

I just hope that we do not get another IIRIRA.