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WHAT DOES A BIDEN PRESIDENCY MEAN FOR IMMIGRATION

dtelfer@dmtlawyers.com — Tue, 10 Nov 2020 18:49:43 GMT

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WHAT DOES BIDEN MEAN FOR IMMIGRATION?

***Important Caveat - we cannot predict the future - these are our best predictions based on what we have seen from the Obama administration, what has changed with the Trump administration, and what the Biden transition team has said thus far.***

1. General Changes.

USCIS during the Trump administration has been marked by grave incompetence and sometimes outright violation of law. As a result, we have seen the beginning of an exodus of companies and projects to Canada and a preference for remote-only work in order to avoid a draconian and xenophobic immigration system. It is our hope that a more competent, fair, and just immigration system will bring that work and those tax dollars back to the US at a time when our country most needs it.

Here are the general changes we expect to see during the Biden administration (but keep in mind a change in culture can take time):

A return to transparency , open communication , and intention to follow the law ;
Less baseless Requests for Evidence and Denials;
Easier access to Infopass appointments and USCIS agents by phone;
Greater communication between USCIS and the public, including a return to certain liaison meetings;
More flexibility for individuals in removal hearings who have US family and have spent many years in the US;
Generally more c ompetence , organization , and modernization.

2. Specific Changes

Travel Bans: We expect the Biden administration to reverse most if not all of the travel bans. We know they plan to reverse the "Muslim Ban" on Day 1. We do expect them to also reverse travel bans from Europe to the US in short order given that we have higher levels of COVID than Europe, and given that it makes little public health sense to send someone from a country with low COVID rates (like Greece) to a country with high rates (like Mexico) for 14 days in order to enter the US.
Embassy and Consulate Openings: We expect the Biden administration to hasten the reopening of US Embassies and Consulates abroad providing easier access to obtaining new visas.
DACA: We expect the Biden administration to reinstate DACA to its former status. Because the Trump administration failed to show it was unconstitutional, DACA may even be expanded under the Biden administration.
TPS: We expect the Biden administration to reinstate TPS for most holders.
Public Charge Additions: We also expect the Biden administration to reverse the new public charge requirements the Trump administration added to nearly all immigration processes. These additions have been stuck down on several occasions by federal courts. The public charge rule still stands, but it should revert to its prior incarnation relieving applicants of overly burdensome disclosures and requirements.
Refugees: We also expect the Biden administration to increase the number of refugees the US accepts back to historic levels.

USCIS Fee Increases

dtelfer@dmtlawyers.com — Sun, 27 Sep 2020 22:17:59 GMT

Here are a summary of some of the most common fees:

Business Immigration

O-1/P-1 Petition: now $705 (previously $460)

O-2/P-1S Petition: now $705 (previously $460) [note, up to 25 x O-2 and P-1S beneficiaries can still go in one petition]

H-1B Petition: $555 (previously $460)

L-1 Petition: $805 (previously $460)

I-140 Petition: $555 (went down - previously $700)

Family Immigration

1st Green Card Petition inside US: $1690 + $590 travel permit + $550 work permit (used to be $1760 for everything)

Removal of Conditions on Green Card: $760 (previously $595)

Citizenship: $1,170 (previously $725)

601A Waiver: $960 (previously $630)

DACA IS BACK

dtelfer@dmtlawyers.com — Mon, 20 Jul 2020 18:07:25 GMT

Now is the time to apply for new initial filings AND travel permits (advance parole)

As we know, the Supreme Court sided with DACA holders against the Trump administration. On account of the Supreme Court decision, USCIS is finally accepting new applications (not just renewals) and travel permit applications (advance parole). Although USCIS illegally rejected some applications post the Supreme Court decision (and subsequently lied about the reasoning), a federal court has now ordered them to follow the law.

WHAT THIS CHANGES

1. We can now apply for brand new DACA applicants; and

2. For those who already have DACA, we can apply for a travel permit (also known as Advance Parole).

WHY A TRAVEL PERMIT IS SO IMPORTANT (AND URGENT)

The travel permit can make a huge difference for DACA holders. If you did not enter the US on a visa and you are married to a US citizen (or you have a US citizen child who is 21 or older), you have to obtain a pardon (waiver) and travel out of the United States to get your green card. This is not only an expensive and time consuming process, but also discretionary and has gotten only harder under this administration.

However, if you obtain a travel permit and you travel outside of the US and come back on your permit, you no longer need a waiver ("pardon") if you apply for a green card through an immediate US relative (spouse or child who is 21 years old or above).

We highly encourage you to now apply for the travel permit if you qualify/have need. Here are the reasons for travel that are permitted (and that we will need to prove):

Humanitarian: For example: travel to obtain medical treatment, attend funeral services for a family member, or visit a sick or elderly relative.
Educational: For example: semester abroad programs or academic research.
Employment: For example: overseas assignments, interviews, conferences, training, or meetings for work

If you would like to apply, please let us know right away, we do not know how long this opportunity will last.

Trump Administration Reverses Draconian Student Visa Rule

dtelfer@dmtlawyers.com — Wed, 15 Jul 2020 00:13:53 GMT

TRUMP ADMINISTRATION BACKTRACKS ON STUDENT VISA RULES AFTER MAJOR BACKLASH

The Trump administration has backed off its dangerous and self-destructive student visa regulations. Foreign students will now be allowed to remain in the US in legal status on student visas while pursuing online coursework. The financial harm alone to US universities under the ban would have had dreadful lasting effects on the US education system and economy.

Kudos to those universities and lawyers that stopped this needless self-infliction to the US economy and educational system.

Trump Bans New H-1B, J-1, & L-1 Visas For Those Outside The US

dtelfer@dmtlawyers.com — Tue, 23 Jun 2020 00:24:17 GMT

Today's Executive Order Will Affect Many, But It Is Limited In Scope

Who this does NOT affect:

This does not affect anyone already in the US (even if changing status to an H-1B, L-1, etc);
This does not affect anyone outside the US who already has their visa;
This does not affect anyone applying for other visas - like O, P, B visas, etc.

Who this does affect:

New H-1B, H-2B, L-1, and J-1 applicants who are: 1) outside of the US and 2) do not have their actual visa yet.

H ow long will this last:

The proclamation is currently scheduled to end December 31, 2020.

Is there a work around?

It looks like yes. If you have a valid B1/B2 or other non-immigrant visa (ESTA will not work), you can enter the US and then change status here to one of the banned categories.

Remember, there are still limits on travel from certain countries:

The travel ban from Europe, China, Iran, and Brazil is still in place. If you need to travel to the US on a B1/B2 from one of those countries, you will need to spend at least 14 days in another country (that is not subject to the travel ban), before entering the US.

Click here for all COVID updates.

Click here to read the entire proclamation.

Premium Processing Is Coming Back

dtelfer@dmtlawyers.com — Tue, 02 Jun 2020 04:18:52 GMT

Premium Processing Is Coming Back

Quick Summary

I-140 (Employment Green Card Petition)

Starting immediately, you can upgrade any pending petition to Premium Processing and file a new I-140 with Premium Processing

O, P, L, & E Visa Petitions:

Starting June 8th, you can upgrade any pending petition to Premium Processing.

Starting June 22nd, you can submit a new O and P visa concurrently with Premium Processing

H-1B Visas (Non-exempt - this is most of them):

Starting June 22nd, H-1B applications can upgrade to Premium Processing

Detailed

U.S. Citizenship and Immigration Services today announced that it will resume premium processing for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers, in phases over the next month.

Effective June 1, 2020, USCIS will accept Form I-907, Request for Premium Processing Service for all eligible Form I-140 petitions.

Effective June 8, USCIS will accept premium processing requests for:

H-1B petitions filed before June 8 that are pending adjudication and are cap-exempt (for example, petitions filed by petitioners that are cap-exempt and petitions filed for beneficiaries previously counted toward the numerical allocations).

All other Form I-129 petitions (non H-1B petitions) for nonimmigrant classifications eligible for premium processing filed before June 8 that are pending adjudication.

Effective June 15, USCIS plans on resuming premium processing for:

H-1B petitions requesting premium processing by filing an I-907 concurrently with their I-129 (or request for a petition filed on or after June 8) and are exempt from the cap because:

The employer is cap-exempt or because the beneficiary will be employed at a qualifying cap-exempt institution, entity or organization (such as an institution of higher education, a nonprofit research organization or a governmental research organization); or

The beneficiary is cap-exempt based on a Conrad/IGA waiver under INA section 214(l).

Effective June 22, USCIS plans on resuming premium processing for all other Form I-129 petitions, including:

All H-1B cap-subject petitions (including those for fiscal year 2021), including change of status from F-1 nonimmigrant status, for both premium processing upgrades and concurrently filed I-907s.

All other Form I-129 petitions for nonimmigrant classifications eligible for premium processing and requesting premium processing by filing an I-907 concurrently with their I-129.

Brazil Travel Ban

dtelfer@dmtlawyers.com — Mon, 25 May 2020 23:26:11 GMT

BRAZIL TRAVEL BAN

Portuguese Below

THE PROCLAMATION

On Sunday, President Trump banned travel for those who have been in Brazil during any of the 14 days preceding their entry into the US.

FREQUENTLY ASKED QUESTIONS

Q. Does this apply to all Brazilians?

A. No, this is not a ban of Brazilian citizens. It is a ban on anyone who has been in Brazil in the last 14 days.

Q. I'm Brazilian and I have a US visa, can I enter the US?

A. Yes, but, you cannot enter directly from Brazil. You could spend 14 days in a third country (Argentina, Mexico, etc) and then fly directly to the US. Keep in mind Europe is also banned.

Q. What if I'm a legal permanente resident (green card holder).

A. If you are a legal permanent resident you can still enter the US directly from Brazil.

Q. Are there any exceptions if I need to come directly from Brazil and I have US Citizen or Legal Permanent Resident family?

A. Yes. if you have certain US citizen (USC) or legal permanent resident (LPR) family you enter the US directly. This includes a USC or LPR spouse, a USC or LPR minor child, and a USC or LPR sibling if both are minors.

Q. Are there any other exceptions?

A. Yes, there are several other exceptions for those who may be coming to the US for reasons that benefit the US's national interest and some humanitarian exceptions.

If you are interested in applying for a waiver of the ban based on US national interest or humanitarian reasons, you can call the office to make a consultation. You can reach us at 213-674-7852.

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A PROCLAMAÇÃO

No domingo, o presidente Trump proibiu viagens para aqueles que estiveram no Brasil nos 14 dias anteriores à entrada nos EUA.

PERGUNTAS FREQUENTES

P. Isso se aplica a todos os brasileiros?

R. Não, isso não é uma proibição para os cidadãos brasileiros. É uma proibição para quem esteve no Brasil nos últimos 14 dias.

P. Eu sou brasileiro e tenho um visto americano, posso entrar nos EUA?

R. Sim, mas você não pode entrar diretamente do Brasil. Você pode passar 14 dias em outro país (Argentina, México etc.) e depois voar diretamente para os EUA. Lembre-se de que a restrição aplicada a Europa ainda está mantida.

P. Se eu for um residente permanente legal (portador de green card).

R. Se você é um residente permanente legal, ainda pode entrar nos EUA diretamente do Brasil.

P. Existem exceções se eu precisar vir diretamente do Brasil e tiver um membro da família que seja Cidadão Americano ou Residente Permanente Legal?

A. Sim. Se você tem certos membros da família que sejam cidadãos dos EUA ou residentes permanentes legais, você pode entrar diretamente nos EUA. Isso inclui o cônjuge (americano ou residente permanente), filho menor de idade (americano ou residente permanente), e irmão (americano ou residente permanente), se ambos forem menores de idade.

P. Existem outras exceções?

R. Sim, existem várias outras exceções para aqueles que podem estar vindo para os EUA por razões que beneficiam o interesse nacional do pais e algumas exceções humanitárias.

Se você estiver interessado em solicitar uma excepção à proibição com base no interesse nacional dos EUA ou por razões humanitárias, ligue para o escritório para fazer uma consulta. Você pode entrar em contato conosco pelo telefone 213-674-7852.

SOME GOOD NEWS - LA USCIS OPENINGS

dtelfer@dmtlawyers.com — Thu, 21 May 2020 03:30:46 GMT

SOME GOOD NEWS - LA USCIS OPENINGS

WHAT'S COMING BACK:

Los Angeles City and County USCIS Offices will start Naturalization interviews on June 16 with social distancing limitations as a priority.
Los Angeles City and County USCIS Offices will conduct limited Naturalization ceremonies June 27 and 28 with social distancing limitations as a priority.
Los Angeles City and County USCIS Offices may be accepting emergency Infopass appointments now, but we are awaiting clarification.

WHAT'S NOT READY YET

No other interviews with start dates are planned or can be announced right now (this includes green card interviews)
No news on biometrics appointments as of now.

Unemployment For Visa Holders and Benefits For Undocumented Aliens

dtelfer@dmtlawyers.com — Wed, 20 May 2020 00:13:23 GMT

Unemployment For Visa Holders and Benefits For Undocumented Aliens

UNEMPLOYMENT IN THE TIME OF CORONAVIRUS

We are receiving a number of inquiries regarding unemployment. This is a complicated subject and each case is different, but below is some foundational information that may assist you and/or your workers in deciding the best path forward.

Basics Regarding Unemployment

The federal-state unemployment insurance system (UI) helps many people who have lost their jobs by temporarily replacing part of their wages while they look for work. It is a form of social insurance because employers pay into the system for their employees. Thus, it is not considered to be a "cash" or "cash equivalent" benefit, but rather, an "earned" benefit.

Non-Immigrant Visa Holders (O, P, L, H)

If you are a non-immigrant visa holder working in the US, it may be possible to qualify for unemployment, however, it is not recommended. It is important to remember that non-immigrant visa holders' status is dependent upon their work in the US. Thus, if they lose that job, in most cases, they have 60 days to find a new position or leave the US. Remaining in the US and living on unemployment will be evidence of falling out of status and could have long term negative consequences.

What if you have to layoff a foreign worker or the foreign worker you petitioned for loses their job? In most of these cases, the petitioner and employer(s) are jointly liable to pay for that worker's transportation to return to the alien's last place of residence outside of the US.

Those Seeking Permanent Residence

If you are authorized to work, but find yourself unemployed (TPS holders, DACA holders, Asylum applicants and adjustment pending applicants with EADs), you should be eligible to apply for unemployment, and it should not negatively affect a future application for legal permanent residence (green card application). This is because unemployment is an insurance that your employer pays into on your behalf. Thus, it is considered an "earned" benefit, not a "cash" or "cash equivalent" benefit.

However, with unemployment being extended to the self-employed, it is not guaranteed that self-employed applicants will not suffer a negative note on their future legal permanent residence applications. It seems unlikely, but it is an unknown. It is important to remember that asylees who apply for legal permanent residence are not subject to the public charge rule, so they do not need to worry about this issue.

CALIFORNIA'S CORONAVIRUS RELIEF FOR UNDOCUMENTED IMMIGRANTS

Starting May 18, undocumented immigrants living in California can apply for the state's $125 million Disaster Relief Assistance for Immigrants (DRAI), created to support those not eligible to receive federal assistance or apply for unemployment benefits.

To apply, you must:

Be an undocumented adult (over the age of 18);
Be a resident of California;
Have evidence that you are not eligible to receive any federal coronavirus relief such as that provided in the CARES Act; and
Have evidence that you have been impacted by the economic crisis resulting from the ongoing coronavirus pandemic.

The relief will be paid by order of application on a first-come, first-serve basis ($500 for individuals who qualify and a maximum of $1000 in assistance per household) and will be available until all the funds have been distributed.

Individuals may apply by phone by calling the nonprofit organization assigned to their county or region of residence. Below is a link with the list of nonprofit organizations by counties/regions:

https://cdss.ca.gov/inforesources/immigration/covid-19-drai

Please note that while this is not a means-tested benefit and the federal government has not listed list this one-time assistance as a public benefit under the new public charge rules, USCIS has not yet issued guidelines about whether this will affect public charge in an application for legal permanent residence (green card application).

DACA IN THE HANDS OF THE SUPREME COURT

dtelfer@dmtlawyers.com — Wed, 06 May 2020 18:37:12 GMT

SUPREME COURT SET TO RULE ON LEGALITY OF DACA TERMINATION

700,000 teenagers and adults who were brought to the U.S. as children were given some immigration relief when the Obama administration established the DACA Program (Deferred Action for Childhood Arrivals) for those individuals who arrived as children, who had been present in the U.S. for a substantial period of time, who had a high school degree or equivalent, and had no criminal history. These "Dreamers" received work permits (at an annual cost of several hundred dollars for them) and did not have to worry about being deported provided they continued to have a clean criminal record. However, they have seen their fate in turmoil since the Trump administration decided to end the program in 2017.

Court battles have kept the program alive since then (for renewals - but not new applications). However, the Supreme Court is now deciding the fate of the program and whether the Trump administration terminated the program according to applicable law. We expect a decision in late June (2020). It is recommended that all DACA holders apply for renewal prior to the beginning of June in case the program cancelled on account of the Supreme Court decision.

As a note, there are an estimated 27,000 doctors, nurses, pharmacists, technicians, physician assistants, and home aides assisting in the fight against the Coronavirus who are Dreamers.

THE COVID IMMIGRATION PROCLAMATION

dtelfer@dmtlawyers.com — Thu, 23 Apr 2020 02:15:34 GMT

TRUMP RELEASES HIS COVID-19 IMMIGRATION PROCLAMATION

The good news is that the suspension is very limited. Very few will be affected.

TODAY'S PROCLAMATION WILL NOT AFFECT YOU

Little to no impact. The good news is that today's executive order will have little to no impact. The COVID-19 Proclamation only applies to those in the last phase of their application for legal permanent residency through a US consulate/embassy abroad (and only for the next 60 days).

This doesn't impact you. In practice, no one should be directly impacted by this because the US consulates/embassies are already closed for regular processing. Furthermore, this does not apply to non-immigrant visas (O, P, L, H, B, etc), it does not apply to spouses and minor children of US citizens, and it does not apply to those who are applying for green cards within the US.

USCIS is still processing petitions. The proclamation also does not prevent submitting petitions for legal permanent residence or other visas to USCIS. Again, it only applies to issuing new "immigrant visas" which are in essence green cards issued by US consulates/embassies abroad.

LA PROCLAMACIÓN DE HOY NO LE AFECTARÁ

Poco o ningún impacto. La buena noticia es que la orden ejecutiva de hoy tendrá poco o ningún impacto. La Proclamación COVID-19 solo se aplica a aquellos en la última fase de su solicitud de residencia legal permanente a través de un consulado / embajada de los Estados Unidos en el extranjero (y solamente durante los próximos 60 días).

Esto no le impacta. En la práctica, nadie debería verse directamente afectado por esto porque los consulados / embajadas de EE. UU. ya están cerrados para procesos regulares. Además, esto no se aplica a las visas de no inmigrantes (O, P, L, H, B, etc.), no se aplica a los cónyuges e hijos menores de ciudadanos estadounidenses, y no se aplica a aquellos que ya están aplicando para el greencard dentro de los Estados Unidos.

USCIS todavía está procesando peticiones. La proclamación tampoco impide presentar peticiones de residencia legal permanente u otras visas a USCIS. Una vez más, solo se aplica a la emisión de nuevas "visas de inmigrante" que son basicamente greencards emitidos por consulados / embajadas estadounidenses en el extranjero.

A PROCLAMAÇÃO DE HOJE NÃO IRÁ AFETAR-LO

Impacto mínimo ou quase nulo. As boas notícias são que a ordem executiva assinada hoje terá um impacto mínimo ou quase nulo. A Proclamação COVID-19 só aplica-se àqueles que estiverem na última fase de sua aplicação para residência permanente por meio de um consulado ou embaixada americanos fora dos Estados Unidos (pelos próximos 60 dias).

Isto não te afeta. Na prática, ninguém deve ser afetado por isto porque os Consulados e Embaixadas dos Estados Unidos já estão fechados para processos regulares. Além disso, isto não aplica-se aos vistos de não-imigrantes (O, P, L, H, B, etc), não aplica-se a cônjuges ou filhos menores de idade de cidadãos americanos, e não aplica-se àqueles que já estão aplicando para um green card dentro dos Estados Unidos.

USCIS continua processando petições. A proclamação também não impede o envio para o USCIS de petições para residência permanente ou outros vistos. Lembrando novamente que isto aplica-se para a emissão de novos “vistos de imigrantes”, que são em essência green cards emitidos pelos Consulados e Embaixadas fora dos Estados Unidos.

TRUMP NARROWS THE POSSIBLE IMMIGRATION BAN

Tue, 21 Apr 2020 20:59:09 GMT

Only Hours After An Impulsive Tweet, Trump Pulls Back On His Threat

After an initial threat to ban all "immigrants" to the US, the most recent news out of Washington suggests a much more limited ban. Here is what we know:

1. As before, the actual Executive Order has still not been issued . Thus, none of what is being discussed applies yet, this is all still speculation and only would go into effect upon the issuance of an Executive Order. Twitter is not an official tool for governing.

2. The latest news suggests that the order will be very limited as follows:

It would not affect non-immigrant work visas such as O visas, P visas, H visas, L visas, etc.
It would not affect immediate family members of US citizens applying for green cards.

It would not likely affect students.

It would affect family members of green card holders.
It would affect those applying for green cards through work.

It may or may not affect tourists.

Stay tuned for updates.

IMMIGRATION BAN TWEET 4.21.2020

Tue, 21 Apr 2020 16:23:42 GMT

What Does Trump's Tweet Actually Mean For Immigration?

Trump posted the following to his Twitter account last night:

What does it mean? The honest truth is, absolutely no one knows . We can make some educated guesses, but here are several things to keep in mind.

1. The president's tweet itself, is not law. This has no current binding effect.

2. The president must sign an Executive Order. The Executive Order is what will contain the specifics of the order.

3. We do not have any idea what the scope of the Executive Order will be. We do not know whether this will affect those already in the US, whether it will be applied to immediate relatives of US Citizens, whether it will apply to short contract work such as performers, how long it will be in affect, what types of exceptions there are, etc. We will not know until the Order is signed.

4. The Executive Order must be narrowly tailored. The executive must have a constitutional reason to overrule our immigration laws. This administration has had many issues with overly broad orders and is now more careful to make exceptions for these orders.

5. The courts will likely enjoin (temporarily stop) the order. Like the other bans, the courts will likely temporarily stop the order, but the Supreme Court may eventually put the order back in place.

We will keep you updated with any further changes including when/if the order is in fact put into place.

USCIS COVID-19 Updates 4.17.2020

Fri, 17 Apr 2020 05:29:49 GMT

USCIS UPDATES

1. USCIS Is Not Offering Special Considerations For Those Already In The US. Despite Requests, USCIS Has Announced They Are Only Offering The ALREADY EXISTING Options Below For Extending Your Stay In The US During The Crisis.

Here are the existing USCIS regulations:

Timely extension applications and work authorization . Nonimmigrants in H-1B, L-1, O-1, TN and certain other classifications who are sponsored for a timely extension of their current status by their existing employer receive an automatic extension of work authorization for up to 240 days while the extension is pending.
Discretionary relief for late extensions. Where an application to extend or change status is filed after the beneficiary’s current period of stay has expired, USCIS has the discretion to excuse the late filing if the delay was due to extraordinary circumstances beyond the beneficiary’s control. This form of relief – known as a “nunc pro tunc” extension – is granted on a case-by-case basis and must be supported by credible evidence of the reasons for the delay.
Discretionary relief for Visa Waiver Program (VWP) travelers. VWP travelers unable to depart the United States before their 90-day period of admission expires due to COVID may seek a discretionary form of relief known as “satisfactory departure.” Satisfactory departure applications must be supported by credible evidence of the reasons for the delayed departure. Though this form of relief has existed for many years, it has been only rarely granted in the past.

2. USCIS Is Still Adjudicating All Petitions. This includes petitions for non-immigrant visas like O visas and P visas, as well as immigrant petitions like green card filings and naturalizations.

3. In-Person Services To Restart May 3, 2020. All in-person services including biometric appointments, interviews, and oath ceremonies have been temporarily cancelled and are scheduled to resume on May 3, 2020.

4. Waiver of Some Interviews. There could be some bottlenecks for residency (green card) and naturalization interviews on account of the shutdown. However, it appears that some interviews, particularly for employment based resident petitions (green cards) are being waived. They may also be waiving some interviews for immediate relative petitions, not including spousal petitions.

5. Waiver of Original Signatures. USCIS is now accepting copies of signed forms, i.e., they are no longer requiring "wet" signatures. USCIS still does not accept "digital" signatures. A digital signature is a signature created on a screen. A copy of an original signature is a photocopy or scan of the document that had the "wet" signature.

NAVIGATING THE CORONAVIRUS LOANS

Sat, 11 Apr 2020 03:08:53 GMT

SEE BELOW FOR A GREAT SUMMARY REGARDING SOME OF THE OPTIONS AVAILABLE TO YOUR BUSINESS

COVID-19 TYPES OF RELIEF

Mon, 06 Apr 2020 22:18:42 GMT

WHAT TYPES OF RELIEF ARE AVAILABLE FOR YOU AND/OR YOUR BUSINESS

The Federal Government has enacted myriad types of COVID-19 Relief. On account of the hastily complied legislation, the guidance is changing in real time. It is important to develop a strategy for your business to make sure you maximize your benefits. Some of the relief is mutually exclusive, while other provisions are time sensitive. In fact, not only will some options expire or not be sufficiently funded, but the order in which you utilize the relief can make a substantial difference in your individual outcome. Please see below a general outline of some of the most important relief available for small businesses. Note, most of these provisions should be assessed on a case by case basis in order to maximize the benefit to your small business and avoid reductions in the amount that is forgivable.

Please contact us to set up a consultation if you would like specific guidance

I. FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA)

It is important to know that the sick leave provisions of the FFCRA can in fact be a key part of keeping your small business afloat in these challenging times since your business will be reimbursed for the two weeks of sick leave (and 10 weeks of family leave) via tax credits. It is also important to understand how these benefits integrate into the larger relief options in order to provide the most relief to your small business. Again, the FFCRA may be pivotal in helping your maintain your employees during this time via government aid, but there are a number of caveats and important guidance that must be included in the analysis. Furthermore, there is certain evidence that employees must provide to qualify .

1. Major Provisions:

P aid Sick Leave Pursuant to the FFCRA: If your employees cannot currently work because of a quarantine or because of COVID-19 related illness, you will be reimbursed via a dollar to dollar tax credit for up to two weeks of sick leave.
Expanded Family Leave Pursuant to the FFCRA: Furthermore, employees who cannot work because they must care for their children as a result of the current crisis, are entitled to an additional 10 weeks at 2/3 of their pay, which will also be reimbursed on a dollar to dollar basis via tax credits.

2. Issues To Watch Out For:

Does your company qualify based on size?
Do your employees qualify based on time with the company, local/state orders, illness, children?
Are you paying the correct wages given the various caps?
Can your employees present the proper paperwork?
Will you provide your tax preparar the information required to get the payroll tax credit?

II. CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES ACT)

The CARES Act is massive and it contains myriad provisions that affect small business owners, from direct grants, to forgivable loans and mortgage relief. Here is the current status of some of the most important provisions for small business owners. Again, most of these provisions should be assessed on a case by case basis in order to maximize the benefit to your small business. There are a number of provisions, but the most important aid is wrapped up in the Paycheck Protection Program Loans (PPPL) and the Economic Injury Disaster Loans (EIDL).

1. Paycheck Protection Program (PPP) Loans:

Value of Loan . The PPP Loans are based on a your historical payroll ( that value requires a specific analysis since it is not limited to only W-2 type pay ). The guidance on this is fairly complicated and changing by the day. From the recent guidance, this does appear to include your distributions if you are a sole proprietor, however, not some other types of payments such as regular independent contractors. There are limits to the amount that is counted to your average monthly payroll, but the full loan is funded at 2.5 times the monthly average payroll.
Forgivable. These funds - if spent properly - are fully forgivable. It is very important, however, to get specific analysis of your potential payroll, what counts as forgivable expenses, and when to time this and integrate it with the other relief.
Source of Loan. Currently, you can apply for these loans via private banks or traditional SBA loan providers (but not directly through the SBA).
Current Status . At the time of this post, it appears there is a fair amount of bureaucratic confusion regarding the issuance of these loans and no money has been released to date.

2. Economic Injury Disaster Loan (EIDL)

Loan Terms. The EIDL is a disaster loan offered by the SBA for up to $2 million, with 6 month deferment, and i nterest rates at 3.75%.
Qualifying. To qualify, you must have good credit history as well as less than 500 employees (or fit certain exceptions). No collateral is required for up to the first $25,000.
Loan Advance . One of the most attractive attributes is the potential $10,000 advance that your business can receive even if you do not qualify for the loan itself. This $10,000 does not need to be paid back if spent on qualifying expenses making it a grant for all intents and purposes.
Source of Loan . You can apply for these loans directly through the SBA.
Current Status. At the time of this post, it does not appear that any business has received the $10,000 loan advance despite news of myriad applications.

3. Other Provisions. There are many other small provisions that include, but are not limited to the following:

Retirement Accounts. There are provisions that permit access to retirement accounts without penalty and with provisions to defer tax liability (or avoid by paying it back).
Filing Delays. The non-corporate tax deadlines have been postponed until July, 2020.
Recovery Rebates: An advanced tax credit refund of up to $1200.
Charitable Contributions. Limitations have been lifted and these may be calculated differently for tax purposes.

III. OTHER RELIEF.

1. Mortgage Deferrals: If your ability to pay your mortgage is impacted, and your loan is owned by Fannie Mae or Freddie Mac, you may be eligible to delay making your monthly mortgage payments for a temporary period, during which: you won’t incur late fees, you won’t have delinquencies reported to the credit bureaus, and foreclosure and other legal proceedings will be suspended. However, it is NOT clear what your liability will be at the end of that deferral period.

2. Eviction Relief: Federal eviction relief is limited to certain properties with federally backed mortgages, however, there are many local and state level regulations that may offer relief.

Please contact us to set up a consultation if you would like specific guidance

COVID-19 ENTERTAINMENT IMMIGRATION UPDATE

Sun, 29 Mar 2020 21:07:47 GMT

Entertainment Visas (O & P) Covid Updates

1. Petitions Continue. USCIS is still up and running for petition processing (this includes non-immigrant petitions like O and P visas and immigrant petitions like I-130s). The majority of adjudicating officers work from home, so we expect this to continue. We just received two approvals today.

2. Premium Processing Is Paused. USCIS is not currently accepting any Premium Processing.

3. Consular Interviews Are Paused. There are no current visa appointments at US Consulates/Embassies abroad. You can fill out your DS-160, but there are no current appointments.

4. Entering the US. All visa holders can still enter the US with the appropriate visa, unless you have been in one of the following countries in the fourteen days prior to entering the US: EU member countries, the UK, China, and/or Iran. However, there are exceptions if you also are the immediate family member of a US citizen or legal permanent resident.

O & P Visa Advice

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1. Avoid the Botttleneck. We advise clients submit their applications during this slow time. We foresee a major bottleneck of cases at USCIS when things come back to normal, so this is a good time to get in your application. In fact, you may be able to take advantage of the slow down in cases and get your visa processed quickly without the cost of premium processing.

2. Getting the Maximum. We can also assist you in obtaining the maximum validity period for your visa to give you cushion for potential changes in dates due to the Coronavirus.

Non-US Visas

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1. Avoid the Rush . It is also a good time to start on the advanced preparation of your upcoming international touring visas, particularly with many of the countries in Asia opening up. Again, there will be a bottleneck for non-US visas as well so now is a good time to prepare for summer/fall. You can contact Brande Lindsey at GLOBAL ACCESS for your non-US visa needs: brande@globalaxs.net.