H-1B Cap Reached for Fiscal Year 2016

U.S. Citizenship and Immigration Services (USCIS) has reached the congressionally mandated H-1B 2016 cap for fiscal year (FY) 2016. USCIS has also received more than the limit of 20,000 H-1B petitions filed under the U.S. advanced degree exemption.

USCIS will use a computer-generated process, also known as the lottery, to randomly select the H-1B 2016 petitions needed to meet the caps of 65,000 visas for the general category and 20,000 for the advanced degree exemption.

USCIS will first randomly select H-1B 2016 petitions for the advanced degree exemption. All unselected advanced degree petitions will become part of the random selection process for the 65,000 general limit. The agency will reject and return filing fees for all unselected cap-subject H-1B 2016 petitions that are not duplicate filings.   (more…)

Back-track is NOT the Right-track into the U.S. – Immigration Laws not reward Illegal Entry

Many immigrants see coming to the United States as an opportunity to escape poverty, crime, and abuse and to seek a better life. With tourist visa issued at a low rate, many seek entry into the United States through “back-track” or illegal entry. Some immigrants choose to enter the U.S. by land and foot through U.S. land borders or ports of entry such as Arizona, California, Texas and Canada. Others try to enter the U.S. by air with a photo switch passport or use a United States citizen’s passport to gain entry into the United States. The people who get paid to make these “back-track” arrangements would often sell you a dream and tell you that your illegally entry will be undetected by the United States immigration authorities.

However, since 9/11, (more…)

Homeland Security Shutdown Avoided

Department of Homeland Security shutdown avoided today since Republican leadership backed down from battling President Obama on his immigration executive action.  House Speaker Boehner introduced a “clean” funding bill today that had no mention of reversing or battling President Obama immigration executive action.  The bill passed the House of Representatives and Senate and is on its way to the President’s desk for signature and passage into law.  The Homeland Security Shutdown avoided today means that Republicans will not face a backlash from the public.  Many federal workers were relieved that the Homeland Security Shutdown avoided and they will not miss any paychecks.

Motion Filed to Lift Injunction on President Immigration Action

Yesterday, lawyers for the Justice Department filed an emergency motion to lift the injunction blocking the President Immigration Action because it violates the separation of powers under the U.S. Constitution.  In the legal brief, lawyers for the Justice Department argue that the injunction by Judge Hanen “offends basic separation-of-powers principles, impinging on core executive functions concerning the exercise of discretion in the complex task of enforcing the immigration laws.”  Since it is unlikely that the objections by the Justice Department will persuade Judge Hanen to lift his injunction on the President Immigration Action and allow the immigration programs to move forward, the government’s lawyers also filed a notice that they would appeal the judge’s overall ruling at the appeals court.   (more…)

President Obama Confident on Immigration

“This is not the first time where a lower court judge has blocked something or attempted to block something that ultimately is going to be lawful, and I’m confident that it is well within my authority.”  – stated President Obama confident on immigration, after a federal judge in Texas ordered a halt to the president’s executive actions on immigration.  President Obama confident on Immigration is defiant: “I think that the law is on our side and history is on our side, we are going to appeal it.”


Federal Judge Stalls Obama Immigration Executive Action

A federal judge in Texas, Andrew S. Hanen of Federal District Court in Brownsville, has issued a temporary injunction on implementation of President Obama’s executive actions on immigration – the expanded deferred action for young immigrants was slated to start tomorrow, February 18, 2015.  The Federal Judge Stalls Obama Immigration Executive Action as a result of 26 states (including Texas) claiming they will “suffer irreparable harm in this case.” (more…)

Children in El Salvador Guatemala Honduras Parole into US

U.S. Department of Homeland Security has established a new program called Central American Minors (CAM) Refugee/Parole Program that will allow certain qualified minor children in El Salvador Guatemala Honduras Parole into US as Refugee.  This  new program was established to provide a safe, legal, and orderly alternative to the dangerous journey that some children are currently undertaking to the United States. (more…)

Lawsuit Blocks Obama Immigration Action

Immigrants are bracing this week for a showdown between the Federal Court and President Obama’s administration in a pending lawsuit blocks Obama immigration action.  Twenty-five states have joined the State of Texas in lawsuit blocks Obama immigration action claiming his executive action on immigration was unconstitutional.  This is a classic case of judge shopping as the case was filed in Texas’s conservative-leaning Brownsville district with Judge Andrew Hanen presiding, who is a staunch critic of the Obama administration’s immigration policies.  If Judge Hanen decides (more…)

DACA Young Immigrants Filing Open on February 18, 2015

President Obama expanded deportation protection and issuance of work permit to DACA young immigrants who have no legal status in the U.S., entered the U.S. before age 16, lived in the U.S. since January 1, 2010, are in school or have H.S./GED degree, are of any age and have no felony or significant misdemeanors. DACA young immigrants can start submitting their applications for a work permit and deportation protection on February 18, 2015. If you need assistance on preparing and filing your DACA young immigrants petition, the Gail Law Firm can help you. Call our office at 1-877-GAIL-LAW or 407-292-7730.   (more…)

H1B Visa – Immigration Law


The H1B visa is a temporary work permit that allows a foreign national to work in the United States for a temporary period. It is available for offers of employment that are in a specialty occupation that require theoretical or practical application of a body of highly specialized knowledge, including, but not limited to: scientists, engineers, or computer programmers.  A person may hold H1B visa status for a maximum of six years, and it may be issued in increments of up to three years by the U.S. Citizenship & Immigration Services. An employee may receive extensions (more…)