The Scheer Immigration Law Group’s Post

⚖️ This is for my brother may he rest in peace. He was criminal lawyer in Monterrey, Mexico! Roberto Balderas Cienfuegos!! For my dad who always rooted for the under dogs!! 🇲🇽 An immigration law practitioner assists individuals, families, and businesses with navigating the complexities of immigration laws. Their work includes: working with the DOJ: Department of Justice! ⚖️ 1. Advising clients on immigration options: Practitioners help clients understand their eligibility for various immigration benefits, such as family-based visas, employment-based visas, refugee or asylum status, and naturalization. 2. Preparing and filing applications: They assist in preparing and submitting required documentation for visas, green cards, work permits, and other immigration benefits. This also includes gathering supporting evidence to meet legal requirements. 3. Representation in legal matters: Immigration attorneys represent clients in proceedings before immigration courts or agencies like U.S. Citizenship and Immigration Services (USCIS), as well as during deportation or removal hearings. 4. Appealing decisions: If a client’s immigration application is denied, practitioners may assist in filing appeals or motions to reopen or reconsider cases. 5. Addressing complex legal issues: Immigration law practitioners handle complex issues like waivers of inadmissibility, adjustment of status, immigration fraud allegations, or cases involving criminal convictions that affect immigration status. 6. Providing counsel for businesses: They help businesses secure visas for foreign workers and ensure compliance with immigration-related employment laws (e.g., I-9 compliance). In essence, an immigration law practitioner ensures that their clients’ cases are handled properly within the framework of immigration law and advocates for their legal rights throughout the process.

What will Trump's second term mean for U.S. immigration? While no immigration attorney can be certain, here are three (3) predictions from Blaker & Granet LLP based on Trump's first term: 1️⃣ DELAYS, DELAYS, AND MORE DELAYS: During the first Trump term, delays were rampant across all nonimmigrant and immigrant visa categories. Utilizing Premium Processing where available can help avoid these delays when filing petitions and applications with USCIS. We expect to see delays if an applicant must apply for a visa at a U.S. Embassy or Consulate outside of the United States. 2️⃣ REQUIRED GREEN CARD INTERVIEWS: The first Trump administration required nearly all green card applicants, whether family- or employment-based, to interview at their local USCIS office. This bogged down the U.S. immigration system given the time involved with scheduling and conducting these interviews. 3️⃣ ADDITIONAL GOVERNMENT SCRUTINY: Request for Evidence rates? Higher under the first Trump administration. Notices of Intent to Deny rates? Higher under the first Trump administration. Denial rates? Higher under the first Trump administration. Site visits? Increased under the first Trump administration. Deference policy? Revoked under the first Trump administration, thereby eliminating a policy that provided favorable review of petitions if the beneficiary had previously held immigration status in the same category. All that being said, Stephen Blaker, Esq. and Jacki Granet, Esq. have 25+ years of combined experience practicing immigration law, including during the first Trump administration. We will continue to help clients navigate the U.S. immigration process despite the rough headwinds ahead.

The U.S. Citizenship and Immigration Services (USCIS) has recently shared that additional registrations for unique beneficiaries needed to be selected to meet the H-1B regular cap for the fiscal year 2025 (FY 2025). According to their projections, enough registrations have now been randomly selected to fulfill the regular cap requirement from the remaining properly submitted FY 2025 registrations. All prospective petitioners whose registrations were selected in this round have been notified that they are eligible to file an H-1B cap-subject petition for the beneficiary listed in the selected registration. Only petitioners with selected registrations are allowed to submit H-1B cap-subject petitions for FY 2025, and these petitions can only be filed for the beneficiary listed in the corresponding registration notice. To properly file an H-1B cap-subject petition, petitioners must submit it either to the correct filing location or online at my.uscis.gov within the filing period specified in the selection notice. The filing period for the H-1B cap-subject petition will last at least 90 days, and petitioners must include a copy of the selection notice with the petition. It is crucial to understand that being selected in the H-1B registration process is just the first step in the journey toward securing an H-1B visa. While selection gives petitioners the opportunity to file an H-1B cap-subject petition, it does not guarantee approval. Petitioners must still demonstrate that they meet all the legal and regulatory requirements set forth by USCIS. These requirements include providing sufficient evidence of the following: 🔹 the job position qualifies as a specialty occupation 🔹 the beneficiary possesses the necessary educational qualifications and skills for the job 🔹 the employer is willing and able to pay the prevailing wage for the position 🔹🔹🔹 Heckler Law Group is ready to guide you through the immigration process as efficiently as possible. Get started by requesting a free case evaluation on our website. Once our team receives your information, we will review it carefully and contact you promptly. 💻 hecklerlaw.com 📞 732-308-9623 🔹🔹🔹 This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.

The U.S. Citizenship and Immigration Services (USCIS) has recently shared that additional registrations for unique beneficiaries needed to be selected to meet the H-1B regular cap for the fiscal year 2025 (FY 2025). According to their projections, enough registrations have now been randomly selected to fulfill the regular cap requirement from the remaining properly submitted FY 2025 registrations. All prospective petitioners whose registrations were selected in this round have been notified that they are eligible to file an H-1B cap-subject petition for the beneficiary listed in the selected registration. Only petitioners with selected registrations are allowed to submit H-1B cap-subject petitions for FY 2025, and these petitions can only be filed for the beneficiary listed in the corresponding registration notice. To properly file an H-1B cap-subject petition, petitioners must submit it either to the correct filing location or online at my.uscis.gov within the filing period specified in the selection notice. The filing period for the H-1B cap-subject petition will last at least 90 days, and petitioners must include a copy of the selection notice with the petition. It is crucial to understand that being selected in the H-1B registration process is just the first step in the journey toward securing an H-1B visa. While selection gives petitioners the opportunity to file an H-1B cap-subject petition, it does not guarantee approval. Petitioners must still demonstrate that they meet all the legal and regulatory requirements set forth by USCIS. These requirements include providing sufficient evidence of the following: 🔹 the job position qualifies as a specialty occupation 🔹 the beneficiary possesses the necessary educational qualifications and skills for the job 🔹 the employer is willing and able to pay the prevailing wage for the position 🔹🔹🔹 Heckler Law Group is ready to guide you through the immigration process as efficiently as possible. Get started by requesting a free case evaluation on our website. Once our team receives your information, we will review it carefully and contact you promptly. 💻 hecklerlaw.com 📞 732-308-9623 🔹🔹🔹 This post is intended for general information purposes only and does not constitute legal advice. You should not act or rely on any information in this post without seeking the advice of a licensed immigration attorney.

l don’t want to come across as overly negative or fear-mongering, but it’s essential that we stay prepared. One thing is certain there could be significant shifts in immigration policy, impacting both documented and undocumented individuals. Here are some areas we may need to anticipate and prepare for: -Reintroduction of Travel Bans – Potential restrictions on travel for certain groups or nationalities. -Denaturalization Processes – Increased scrutiny or challenges to citizenship status. -End of Prosecutorial Discretion (PD) – Potentially reducing leniency in immigration enforcement cases. -Massive Deportations and Raids – A likely rise in deportation actions and workplace enforcement. -Labor Certification Audits – More frequent and rigorous audits. -Site Visits and I-9 Compliance Checks – Enhanced verification for H-1B and other visa holders. - Increase in restrictions in the H-1B visa program - Increased Challenges with CPT and OPT Travel. Potential new restrictions for students and recent graduates. - End of Parole in Place (PIP). -Non-Immigrant Visa Denials and De Novo Reviews – Re-evaluations of previously approved non-immigrant visas. -End of DACA. -Restrictions on TPS Programs – Possible termination or limitations on Temporary Protected Status. -Reintroduction of Public Charge Rule for Adjustment – Reinstating financial requirements for adjustment applicants. While it’s still early, and things can change, it’s important for immigrants in various visa categories to be prepared. Ensure your documents are in order, and stay in touch with your immigration counsel to help navigate what may be a challenging period. Taking proactive steps now will help us all manage the uncertainties that lie ahead.

Reflecting on UK Immigration Policies: A Call for Fairness and Transparency The recent remarks by Sean Paul on Good Morning Britain, highlighting the challenges Jamaicans (my own) face at British immigration checkpoints, have struck a chord with many, including myself. As someone who has proudly served in the British Army, it's disheartening to witness the ongoing struggles of fellow Jamaicans in navigating the UK immigration system. Despite my service to this country, the thought of having my family visit me is tainted by the unfairness of UK Visas and Immigration (UKVI). The visa requirements, which have grown increasingly stringent since they were first introduced in 2002, are just one part of the problem. What started as a £36 fee has ballooned to £115 for just a six-month visa, a stark contrast to the 10-year visa more commonly issued by the US. The situation is further compounded by the UK's reluctance to acknowledge how much the economy relies on immigration. UK universities, too, are feeling the strain, as they grapple with new immigration rules that threaten their financial stability - rules that directly impact the international students whose tuition fees are vital to their survival. Personally, I’ve experienced the rigidity of this system firsthand. When I first applied to enter the UK, my visa was initially refused. Fortunately, I had the option to appeal, and my appeal was successful. However, in a troubling shift, that right has now been stripped away, replaced by a simple, yet devastating, line: “In relation to this decision, there is no right of appeal or right to administrative review.” The removal of these options underscores a broader issue within the UK immigration framework - one that demands urgent attention and reform. It's time we acknowledge the contributions of immigrants and strive for a system that is both fair and transparent. #Immigration #UKVI https://lnkd.in/eqgQXe8R

Immigration Updates: A Shift in Policy and More Scrutiny It seems that the next phase of stricter immigration enforcement is upon us. Here's a look at recent developments: New USCIS Policy Alert: As of today, USCIS has implemented a significant change with no prior warning or grace period. The Form I-693 medical exam must now be filed with the I-485 green card application. If it's not included, the application will be rejected. This is a major shift in the process, and applicants need to be prepared. H-1B Denial Risks: We're seeing increased scrutiny on H-1B applications, including a Notice of Intent to Deny (NOID) due to alleged inconsistencies between various H-1B filings and the I-140 petition. While the information is consistent on our end, we're still required to address it, which adds unnecessary complexity to an already challenging process. H-1B Requests for Evidence (RFEs): We're also experiencing multiple RFEs related to specialty occupation requirements for H-1Bs—something we haven't seen in years. Despite our solid case filings, this indicates a deeper review of H-1B qualifications and a trend towards more rigorous adjudication. I-140 Tax Return RFEs: In another surprising development, we're receiving I-140 RFEs requesting tax returns that were already submitted with the initial filing. While this may not be entirely new, it signals a potential increase in requests for unnecessary documentation, leading to further delays and frustration. All signs point to more stringent scrutiny and a tighter immigration landscape in the coming months. It's more important than ever to stay ahead of these changes and ensure your filings are as complete and accurate as possible. Rk#rnplegalnews#rnplegalimmigration#rnplegalreporting#rk

This is the heart-wrenching reality of immigration today. The intricacies of immigration laws often translate into significant personal consequences. A family's story, touched by these policies, underscores the urgency for empathy in immigration proceedings, ensuring each person's unique situation is duly considered. My husband came to America from New Zealand on a work visa in 2001. The trucking company, New Rising Fenix, that hired him promised a green card and asked to withhold a portion of his salary to cover the costs. Unfortunately, they deceived him, took his money, and he never received his green card, leaving him as an overstayer in the U.S. Many companies may be willing to employ individuals who have overstayed their visa, often taking advantage of their vulnerable position due to a lack of local support, rights, and the constant risk of deportation, particularly given the low wages offered. You now have a family, and have no idea which way to go, so you pack your family and head back to New Zealand. Now this is a trip your wife and kids were not prepared for. Things really take a turn, you cannot feed your family and pay bills at the same time, the only option is to send your family back to the U.S. and you will shortly follow. Sounds like a great idea huh? Despite being an overstayer, I managed to get a driver’s license and pass homeland security screening, receiving a U.S. port entry card—a surprising and concerning outcome. Deciding it is time to find a lawyer and get this straightened out asap! Spending money you don't have, with the thought of not being accepted was a bit painful, because at this stage you would be sent back to your home country and your family would be left in the U.S. alone. Relocated the family to New Zealand again, enduring a decade and significant health challenges, we made the decision to hire an attorney. This process took almost 3 years, in that time I again moved with our kids back to the U.S. with my husband following shortly after once his immigration was all finished. Three years into the immigration process, the husband remains in New Zealand due to a consulate denial. He can apply for a waiver with an extra $1000 and attorney fees, which may take 2.5 years to process and could allow his entry.” Understanding the reasoning behind immigration policies doesn't make the separation of families any less baffling. After two decades of marriage, with sixteen years spent apart, the heartache of not being together in the country I cherish is profound. The protracted nature of this process seems unjust to those attempting to follow the proper channels. Our immigration procedures and policies are great, but they need to be reevaluated, policies and procedures are not a blanket, every case isn't the same! #ImmigrationStories #FamilySeparation #EmpathyMatters #JusticeForFamilies #ImmigrationReform #HumanRights #FamilyUnity #Overstayer #LegalChallenges #PolicyEvaluation

How will legal immigration be affected by the Trump administration ? Over the last few months, clients have frequently asked me who I want to win the presidential election. Given the close, personal relationships I build with clients, it’s a reasonable question. However, because my clients are so diverse in political beliefs and backgrounds, I prefer to stay neutral. That said, with immigration being a major issue in this election, it feels almost like the elephant in the room not to at least acknowledge the outcome. While we can’t predict exactly what’s to come, I’ve already had clients reaching out, anxious about what a potential Trump Administration might mean. Although these are unique times, and the rhetoric has shifted, history does offer some perspective. When Trump was in office from 2016 to 2020, immigration policies stayed mostly status quo, though there were some impacts. For example, the H4 EAD program wasn’t eliminated, and foreign students continued receiving F1 visas. So, for those worried about sweeping changes to legal immigration, I don’t foresee drastic restrictions or an overhaul of the system. There were, however, instances where it felt like standards tightened or additional scrutiny was applied. For example, USCIS appeared to enforce a more restrictive interpretation of “specialty occupation” in the H1B process, and it became more common for employment-based green card applicants to be scheduled for interviews—a practice typically seen only in family-based cases. When Biden took office, it seemed to get easier and less restrictive to qualify for H1B, and interviews became rare (though perhaps due to COVID concerns). That said, I am prepared for more Requests for Evidence (RFEs) if we see a similar shift. At this stage, I’m not planning any big changes in my approach, though I might encourage clients who are considering applications with more subjective criteria—like O1, NIW, or EB1—to apply now. The Biden Administration has held a relatively consistent standard in this area, which has led to some surprising approvals. Just recently, I saw an EB1 approval (based on a multinational manager) that was pleasantly unexpected—an approval that might have faced more hurdles under stricter standards. Ultimately, I believe the Trump Administration’s focus on immigration leans more toward illegal immigration. For my clients here legally on work visas or going through the green card process, I don’t anticipate significant changes. But time will tell. As I cast my ballot on Election Day, I felt a deep pride in being an American and in the privilege of helping clients pursue their American dream. It’s something I never take for granted. #immigration #trump #legalimmigration #immigrationpolicy #greencard

As an immigration attorney who has practiced for 24 years including under the prior Trump administration, I am fully aware that the road ahead will be long and hard. The most difficult hurdles and the most heartache will be felt in the areas of humanitarian and family immigration. However, businesses that rely on the U.S. immigration system to address workforce needs will experience significant challenges as well.   Key changes we anticipate in the business immigration arena will likely include:   Increased Uncertainty: We can expect the U.S. immigration system to become even more unpredictable, in an already uncertain system with limited options.   No Deference to Prior Approvals: We will likely see elimination of deference to prior government approvals meaning extensions of status such as E, L-1 and H-1B status will be open to higher levels of scrutiny.   Buy American Hire American: Potential revival of the Buy American Hire American executive order which will require employers to prove creation of jobs for U.S. workers, even where the visa category does not require it.   Return of In-Person Interviews: The return of interviews for all permanent residence applications including employment-based cases, which currently do not require interviews.   Increased Audits, Rejections, Scrutiny, and Delays: Increased government audits and site visits along with frivolous rejections, requests for evidence, notices of intent to deny, and extensive processing delays. Typically, I work quietly behind the scenes, helping my clients navigate the complexity of the U.S. immigration system. In 2025, I will make it a priority to raise awareness of impending changes, and we will prepare as best as possible for what lies ahead. I will also be leaning into a fantastic group of immigration attorneys both locally and nationally. We are going to need each other more than ever.