The H-1B Visa is an opportunity for foreign nationals in specialized job fields to be sponsored by American companies and work in the US for up to six years. If you meet these initial requirements, read on to find out the requirements of the H-1B visa and your obligations as an H-1B worker. Consider hiring a work visa attorney to help you do so.

Attorney Fees for H-1B Visa
What’s included with the total H1B visa attorney fee you pay is dependent on your immigration lawyer and what you need assistance with, such as:

• Registration
• Filing all forms and support letters
• A Request for Evidence response

The typical fees you can expect to pay are below. All fees (except the premium processing fee) are paid by the employer.

• Attorney Fees for H-1B Visa Amount ($)
• Registration Fee $10
• Premium Processing Fee $2,500
• Public Law 114-113 Fee $4,000, if more than employees of this employer are H1B or/and L1 visa holders.
• Basic Filing Fee $460
• USCIS Anti-Fraud Fee $500
• ACWIA Education and Training Fee $750 to $1,500, depends on the numbers of the employees in this employers name.
• Attorney Fee $500 to $2,500+

Here’s more information about what you can expect to pay.

New H-1B Visa
An average H1B visa lawyer fee is $2,500. This fee may change depending on your specific legal needs.

H-1B Visa Renewal or Extension
A typical H1B immigration lawyer fee to renew or extend your H-1B application is $460. This covers the cost to file I-129. The H1B extension processing time is 15 days.

H-1B Visa Transfer
A H-1B visa transfer fee is between $1,710 to $6,460. This H1B transfer fee depends on whether your employer is required to pay the ACWIA Education and Training Fee, which is $750 for less than 25 employees and $1,500 for more than 25 employees.

Second Concurrent H-1B Visa
There’s an option for employees to work for two separate employers if the second employer files a petition for a concurrent H1B visa.
The same requirements and fees apply to a second petition. It remains your employer’s duty to demonstrate that you meet the knowledge and educational requirements of that position.

Step By Step H-1B Visa Process
To be eligible for the H-1B Visa, an employer must be willing to sponsor foreign nationals, providing a job offer that requires specialized skills. The H-1B is completed and paid for by the employer. The two most important components of this work visa are:

• H-1B Sponsorship by a US Employer
• H-1B petition to the United States Citizenship and Immigration Services (USCIS)

Here are the steps you need to complete for the H-1B visa process.

Step 1: Form G-28
The employer’s H1B lawyer must file Form G-28. This form allows a work visa attorney to represent a client in an immigration case before the United States Department of Homeland Security.

It’s important that all sections of this form are completed, including the printed name of the attorney and the employer’s signature.

Step 2: Form ETA-9035 (Labor Condition Application)
The employer will need to next submit Form ETA-9035 (Labour Condition Application) through the Department of State’s iCert Portal System.

This form concedes that the employer will pay the foreign national the same wage as other qualified employees at the company. It also requires that the employer provide safe and equitable working conditions.

Step 3: Employer must receive approval of the Labor Condition Application
Prior to filing Form I-129, the employer must seek approval of Form ETA-9035 from the Department of Labor.

Step 4: Employer must file a Form I-129 (Petition for a Nonimmigrant Worker)
Once Form ETA-9035 has been approved by the Department of Labor, the employer will be required to submit the following documents and fees to the USCIS.

• Form I-129 (Petition for a Nonimmigrant Worker)
• Filing fee
• Proof of education
• Proof of qualifications and training
• Any other required documentation
• When submitting documentation to the USCIS, make sure that Form I-129 is filed correctly. Pay extra attention to the following pages.
• Pages 11 to 12: Complete the H Classification supplement.
• Pages 17 to 19: Ensure that sections H-1B Data Collection and Filing Fee Supplement are complete.

Step 5: H-1B Premium Processing (form I-907)
Form I-907 (Request for Premium Processing Service) is the only fee paid for by the employee. This form will help process Form I-129 (Petition for a Nonimmigrant Work) and Form I-140 (Immigrant Petition for Alien Workers) faster.

Note: form I-907 can only be used once the employer or petitioner passes an inspection.

H-1B Visa Requirements
Before an employer considers hiring an H-1B worker, they should ensure that the future potential employee meets the following criteria.

1. Job RequirementsThe H-1B worker must:

• Be applying for a specialized job
• Meet the job requirements
• Be fully licensed in their field (if applicable). This includes having the appropriate training and certifications
• Education Requirements
• The H-1B worker must have a Bachelor’s degree or higher.

2. Department of Labor and USCIS Requirements

The Department of Labor and USCIS require that workers are in specialty occupations (science, business, education, medicine, biotechnology, etc.) or a fashion model of distinguished merit. As such, applicants should have a Bachelor’s degree or higher.

3. U.S. Employer Requirements
To apply for an H-1B worker, employers must be able to hire for a specialized job, pay the foreign national a fair wage (comparable to other positions at the level they are hiring for), and produce equitable working conditions in accordance with the laws of their state and local geography. The employer must be able to provide the following information:

• Form I-129 (Petition for a Nonimmigrant Worker)
• Applicant’s resume
• Employment Contract
• Proof of education
• Relevant training certificates
• Professional membership documents
• All required filing documents
• A letter of support
• Form ETA-9035, Labor Condition Attestation (LCA)
• Form I-129 (Petition for Nonimmigrant Worker, with H-Supplement)
• I-129 Data Collection Supplement
• I-907 Premium Processing (if applicable)
• Signed Petitioner Letter of Support on Company Letterhead
• Speciality job description
• Fair and equitable wage information
• Certified Labor Condition Application;
• A copy of the worker’s passport
• I-94 Arrival/Departure record (if worker is in the United States lawfully)
• Worker’s degree, transcripts, with translations and educational evaluation if the degree is foreign
• Any additional requirements for the job (e.g. driver’s license)
• Supporting financial documents
• Company organizational and financial documents

H-1B Filing Important Dates

In order to apply for the 2024 round of visas, employers must submit an H-1B electronic registration between March 1 and March 18, 2023.

• Work placements are able to begin as early as October 1, 2023.
• Each year’s dates may vary slightly—however, registration typically occurs in March.

Here’s how you can check your H1B visa status.

How long does it take to process an H-1B Visa?

1. The H-1B Visa process typically takes between one to six months. However, timelines may vary based on the processing center, the applicant’s country of origin, and possibly other factors.
2. An H1B immigration attorney may help speed up the processing time by helping submit a correct application for review.

H-1B Visa Cap
The United States allows 65,000 H-1B visas to be administered annually, in addition to 20,000 for H-1B advanced degree exemption. Due to the limited number of visas, this system is often referred to as a lottery.

Who Qualifies as Cap Exempt?
There are two exceptions to this cap, which include:

• H-1B1 program: employers can temporarily hire workers from Chile or Singapore for specialty occupations.
• E-3 program: employers can temporarily hire workers from Australia for specialty occupations.
• If the applicant is married or has children, they are exempt from the cap and can apply under the H-4 Visa.

Questions asked in H1B visa interview
The following is a list of questions you can expect to answer during an H-1B Visa interview. Consult an immigration lawyer for H1B assistance in interview preparation.

Are you married? If yes, for how long?
Do you have family in the United States?
Are you planning to return to [country of origin]? If so, when? Why?
Did you apply for an immigrant visa for any other country?
Why do you wish to visit the United States?
Have you been to the United States before?
What will your job be?
What are your qualifications for this job?
What did you study to be able to do this job?
Have you studied or worked in the United States?
Have you ever traveled outside the country before?
Why do you want to work in the United States?
In addition, the officer will ask you if you intend on staying in the United States, as some individuals try to use the H1B to green card process as their access point. Speak to a work visa attorney before pursuing this route.

If you need help filing the H-1B Form, wang law llc can help.

At a Glance: I-512, also known as Advance Parole, is a travel document required by non-immigrants in the US, such as TPS beneficiaries, status applicants, refugees, and asylum applicants, to re-enter the country without affecting their status. It functions similarly to a visa and is valid for one year, allowing multiple entries. Form I-512 is filed through Form I-131, and supporting documents and fees are required. It’s essential to have an approved I-512 before traveling outside the US to avoid complications. The processing time is typically 120 days, and fees vary depending on the application type.
Advance parole—also known as form I-512—is designated for adjustment applicants. That is to say, it is a form of temporary travel authorization. But what is it that you should know about it? This guide includes essential information on the topic.

What Is I-512?
Non-immigrants in the US, including TPS beneficiaries, status applicants, refugees, and asylum applicants have to obtain Advance Parole or form I-512 in order to re-enter the US without affecting their status. For the most part, form I-512 works similarly to a visa when it comes to entering the US.

In comparison with a Reentry Permit, an Advance Parole Document accounts for a standard, letter-size piece of paper. In most cases, form I-512 is valid for one year, and it can be used for multiple entries. At the same time, it’s worth noting that you should have several copies of the documents – one for the applicant, one for the USCIS, and one for the airline. When you travel back to the US, the document will be stamped.

With that in mind, an airline might accept advance parole in exchange for a visa. That is to say, it substitutes the authorization of traveling to the US. However, this form cannot be issued to replace your passport. Also, you cannot use it as a substitute for the normal visa-issuing process. It is basically a document, a piece of paper that gives you the authorization to enter the US.

Who Needs to File Form I-512?
Moving on to the people that need advance parole, there are several cases in which this is mandatory. The following people need to file Form I-512:

• If you have filed an application for adjustment of status and it’s pending.
• If you have been allowed to enter the US as a refugee and you received asylum.
• If you received benefits under the Family Unity Program.
• If you received Temporary Protected Status (TPS).
• If your application for asylum is pending.
• If you have a personal reason to travel abroad.

On the other hand, there are non-immigrants in the US that aren’t eligible to get advance parole. That is to say, if you’re in the US without valid immigration status, then you might not be eligible. At the same time, if you are currently involved in removal proceedings, you cannot file form I-512.

Required Documents for I-512
In order to get advance parole, you’ll have to file form I-131 – this is basically an application for a travel document. In addition to that, you should provide supporting documentation and passport photos. You’ll also have to pay an application fee before having the interview at a local USCIS office or the service center in your proximity.

Your application for form I-131 should be approved prior to traveling outside the US. As a matter of fact, if you travel outside the US without the form I-512, your application might be denied or abandoned. This is why you should avoid doing this.

Note that if you’re applying for advance parole and, at the same time, you’re applying for an employment authorization document (EAD), USCIS facilitates a type of combo card, so to speak. That would be a sort of alternative to the EAD card, which also serves as I-512 Advance Parole. This eliminates the need to carry a separate Advance Parole document and an EAD, as the new card is durable and safer than the existing Advance Parole document. In order to get the EAD and Advance Parole Card, you have to file forms I-765 and I-131.

How to Fill out Form I-512
It’s worth noting that you should double-check all the information you include in the form I-512 prior to sending it. Even the tiniest, insignificant mistakes on your travel document could lead to costly delays and rejections, which is why you should double-check everything.

The good thing is that for the most part, filling out form I-131 is quite self-explanatory and straightforward. The best way to fill out the form, though, is on your computer. However, if you want to write the form, you should use black ink. If a question doesn’t apply in your case, then you should type N/A in the box, as opposed to leaving the space blank.

Part 1 – This part consists of private background information, including your address, class of admission, your status when you first entered the US, and so on and so forth.
Part 2 – This focuses on the type of application; you should check box 1d.
Part 3 – This entails processing information, such as the date of departure, and the duration of your trip. Even if you don’t have a trip planned, you shouldn’t worry about it, as the USCIS doesn’t need to know precisely in advance. You might write something such as TBD, which stands for to be determined. Also, you should leave parts 4, 5, and 6 blank.
Part 7 – You should complete this section if you’re applying for advance parole. At this point, you have to include the documents that showcase your eligibility to get the document.
Part 8 – The signature of the applicant. You should sign and correctly date your application. Make sure you also include a phone number so that you could be reached if anything. Note that the form is rejected if it doesn’t have a signature.
Part 9 – This section includes information about the person who assisted the applicant in filling out the form if this applies to your case.

Where to File I-512
Here you can find a useful chart, indicating where you have to file the form to get the advance parole document.

How Much Does I-512 Cost?
The cost of advance parole varies. For instance, when applying for a re-entry permit or an advance parole document, the fee for filling out form I-131 is $575. For those applying for a refugee travel document, the form fee is $105. When applying for a re-entry permit, for applicants between the ages of 14 to 79, there is also a biometric fee of $85 that applies. The same goes for refugee applicants between 14 and 79 years old.

When you file a payment, this means that you agree to pay for this service provided by the government. Note that the fees aren’t refundable, irrespective of the results of the application. You can find out more information regarding the costs that apply in your case here.

I-512 Processing Time
For the most part, the processing time for form I-512 is of 120 days. But it can be more than this in some cases. This might be problematic in case you want to travel due to an urgent scenario. On top of that, the USCIS doesn’t usually provide expedited requests when it comes to advance parole documents.

Conclusion
All in all, we hope that this article was insightful in the sense that it offered answers to some of the questions you had regarding form I-512. Generally, this document isn’t required for traveling to different parts of the US, but you should still check with your transportation carrier beforehand to ensure that.

List of EAD Category Codes with 180 Days Automatic Eligibility Info

USCIS EAD Category Code	EAD Category Eligibility Description	180 Days Automatic Extension Eligibility
A02	A lawful temporary resident pursuant to sections 245A or 210 of the INA	No
A03	Refugee	Yes
A04	Paroled as refugee	No
A05	Asylee (granted asylum)	Yes
A06	K1 non-immigrant fiancé(e) of US CitizenK2 child of K1	No
A07	N-8 Parent of international organization employee granted permanent residenceN-9 Dependent Child of international organization employee granted permanent residence	Yes
A08	Citizen of Micronesia, the Marshall Islands or Palau admitted as a nonimmigrant	Yes
A09	K-3 nonimmigrant spouse of USCK-4 child of K-3	No
A10	Granted Withholding of Deportation or Removal	Yes
A11	Deferred Enforced Departure (DED)
A12	Temporary Protected Status (TPS) granted under 8 CFR 244.12	Yes
A13	IMMACT Family Unity beneficiary(Section 301 of the Immigration Act of 1990)	No
A14	LIFE Act Family Unity beneficiary(Section 1504 of the Legal Immigrant Family Equity (LIFE) Act Amendments)	No
A15	V-1 Spouse of Lawful Permanent ResidentV-2 Minor unmarried child of Lawful Permanent ResidentV-3 Minor unmarried child of V-1 or V-2	No
A16	T-1 nonimmigrant (victims of severe forms of trafficking)	No
A17	Spouse of E-1/E-2 Treaty Trader/InvestorSpouse of E-3 specialty occupation professional from Australia	Yes*(*timely filing before I-94 expiry )
A18	L2 spouse of an L1 visa intracompany transfer	Yes*(*timely filing before I-94 expiry )
A19	U1 nonimmigrant (victims of certain criminal activity)	No
A20	U-2 spouse of U-1 aliensU-3 children of U-1 aliensU-4 parents of minor U-1 aliens (16 or under)U-5 unmarried sibling under age 18 of U-1 alien under age 21	No
C01	Dependent of A-1 or A-2 foreign government official	No
C02	Dependent of TECRO (Taipei Economic and Cultural Representative Office) E-1 Non-immigrant	No
C03A	Pre-completion OPT F1 visa students	No
C03B	Post-completion OPT F1 visa students	No
C03C	24-month extension for Science, Technology, Engineering, or Mathematics (STEM) OPT students	No
C03(ii)	F-1 student offered off-campus employment under the Sponsorship of Qualifying International Organization	No
C03(iii)	F-1 student seeking off-campus employment due to severe economic hardship	No
C04	Spouse or unmarried dependent child of G-1, G-3 or G-4 nonimmigrant (Representative of International Organization and their dependents)	No
C05	J-2 spouse or minor child of a J-1 exchange visitor	No
C06	M-1 student seeking practical training after completing studies	No
C07	Dependent of NATO-1 through NATO-7 nonimmigrant	No
C08	Asylum applicant (w/ pending asylum application) who filed for asylum on or after January 4, 1995	Yes
C09	Adjustment of status applicant	Yes
C10	Suspension of deportation applicants (filed before April 1, 1997)Cancellation of Removal applicantsCancellation applicants under NACARA	Yes
C11	An alien paroled into the United States in the public interest or temporarily for emergency reasons	No
C12	Spouse of an E-2 Commonwealth of the Northern Mariana Islands (CNMI) investor; eligible for employment in the CNMI only	No
C14	Alien granted deferred action	No
C16	Registry applicant based on continuous residence since January 1, 1972	Yes
C17(i)	B1 nonimmigrant who is the personal or domestic servant of a nonimmigrant employer	No
C17(ii)	B1 nonimmigrant domestic servant of a U.S. citizen	No
C17(iii)	B1 nonimmigrant employed by foreign airline	No
C18	Alien with a final order of deportation/order of supervision;	No
C19	Temporary Protected Status applicant under 8 CFR 244.5	Yes
C20	Alien who has filed a completed legalization application for special agricultural workers	Yes
C21	S visa non-immigrant	No
C22	Alien who has filed a completed legalization application under INA 245A	Yes
C23	Irish peace process (Q-2)
C24	LIFE legalization applicant	Yes
C25	T-2 spouse of T-1, victim of traffickingT-3 child of T-1T-4 parent of T-1 (if T-1 is under age 21)	No
C26	Certain H4 Visa spouses of H1B holders, qualify for it.	Yes*(*timely filing before I-94 expiry )
C27	Abused spouse of an A nonimmigrant	No
C28	Abused spouse of an E-3 nonimmigrant	No
C29	Abused spouse of a G nonimmigrant	No
C30	Abused spouse of an H nonimmigrant	No
C31	The principal beneficiary of an approved VAWA self-petitionQualified child of a beneficiary of an approved VAWA self-petition	Yes
C33	An alien who has been granted Deferred Action for Childhood Arrivals (DACA)	No
C35	The principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances	No
C36	Spouse or unmarried child of a principal beneficiary of an approved employment-based immigrant petition facing compelling circumstances	No

Are the EAD Category codes entered in the I-765 form the same as the ones on EAD Card?

Yes, they both are the same. The main difference is that, when you enter the EAD Category Code, you would enter it with parenthesis, and when that is printed on the EAD Card, it will be turned into upper case and parenthesis are removed.

About Ontario’s Equalization Law for the Division of Property
Ontario’s property equalization scheme under the Family Law Act (FLA) is called a “deferred community-of property” regime. This means that when two people enter into a marriage, each spouse becomes automatically entitled to an equal share of the profits of that marriage. (See our article: The Equalization of Net Family Property for more information on this point。

That right to equalization is triggered when the marriage dissolves or one spouse dies. Each partner then becomes entitled to one half of the value of property accumulated during the marriage (not one half of the property itself). The court orders one spouse to pay the other an “equalization payment,” in order to equalize the value of each spouse’s net family property.

The general process for equalizing net family property is the following:

First, determine the value of each spouse’s property at the valuation date. Include all assets, except for those assets specifically excluded by the FLA, s. 4(2). Add all of these figures together to obtain a total value of assets. (For more information on determining the valuation date, and on what assets are excluded from the valuation date assets under the FLA, see our article: Calculating the Division of Property.)
Subtract all debts from the total assets. This creates a total value for each spouse on the valuation date. If a spouse has more debts than assets at the valuation date, consider their total at valuation day to be zero for the subsequent calculation.
Next, determine the value of all assets that each person brought into the marriage (the value of their assets at the date of marriage). Do not include the value of the matrimonial home if it was owned at the time of marriage. If a person’s net worth at marriage was negative (that person had more debts than assets), maintain that negative number for the purposes of the next step.
For each spouse, subtract the date of marriage assets from the valuation date assets. (If a spouse’s date of marriage net worth is negative, you will subtract the negative, resulting in an addition.) This gives a figure that is each spouse’s “net family property” (NFP). It includes the value of assets acquired during the marriage as well as the increase in value of assets brought into the marriage. One spouse will almost always have a higher NFP than the other.
Subtract the lower NFP from the higher one, and divide the difference in half. This is the amount of the equalization payment, which the spouse with the higher NFP must pay to the spouse with the lower NFP.
Resulting or Constructive Trusts – Who Owns What?
Ownership of each asset must be determined before the equalization payment can be calculated. Sometimes, the ownership of a piece of property may be a source of dispute between the spouses. The court may, upon application, solve these disputes under s. 10(1) of the FLA by making a declaration of ownership for a specific piece of property, ordering one spouse to compensate the other spouse for that property, or ordering the property sold and the proceeds from its sale divided.

One spouse will sometimes try to claim an interest in a property owned by the other spouse through a resulting or constructive trust. A resulting trust occurs when one person transfers property to another, but is presumed to still retain ownership of the property. If a husband, for example, purchased an asset such as a car, but put that car in his wife’s name, the Family Law Act presumes that a resulting trust exists, and the husband remains the owner of that car. However, it could be argued that the car is a gift, and in fact belongs to the wife, and therefore should be included with her assets rather than his.

A constructive trust arises to remedy unjust enrichment, where one spouse has contributed to the value or acquisition of an asset owned by the other spouse (through labour or financial contribution, for example), and he or she was not compensated for the deprivation incurred in making that contribution. For more information on constructive trusts, see our article: Common-Law Relationships and Division of Property. Constructive trusts are more commonly litigated between common-law spouses, who are not entitled to an equalization of net family property.

Trust arguments are difficult and highly case-specific issues. If you do want to pursue a trust claim, you would be well served to speak to a lawyer experienced in family trust litigation in Ontario, who will be able to examine the facts of your case and inform you of the potential strength of your trust claim.

Treatment of the Matrimonial Home
Note that the FLA provides for unique treatment of the matrimonial home in the equalization process. The matrimonial home is not included in a spouse’s date of marriage assets, even if it was owned at the time of marriage. In contrast, the value of the matrimonial home is always included in the valuation date assets of the spouse who owns it (or its value is divided between the spouses, if it is jointly owned). This is the case even if it was purchased with money inherited after marriage, or it was a gift given to one of the spouses after marriage. (Such gifts or inheritance would normally be excluded from valuation date assets.)

Married spouses should be aware of the unique treatment of the matrimonial home when organizing their affairs. The FLA’s provisions regarding the home mean that decisions spouses might undertake rather lightly–such as whose home to live in, whose name to put on the title to the home, or whether or not to use money from an inheritance as a down payment for a home–can have a dramatic impact on the entitlement of each spouse upon equalization. For example, if you and your spouse both owned homes at the time of marriage (a common occurrence with second marriages), and you move into one of those homes together and rent out the other home, whose home is used as the matrimonial home and whose is rented will be of great significance upon the dissolution of that marriage. You should seek the advice of a lawyer to help you determine how to best organize your property and protect each of your rights in the event that the marriage dissolves.

For more information on the unique treatment of the matrimonial home, and the spouses’ rights in regards to it, see our article: The Matrimonial Home.

Applying for Equalization
If spouses are applying for equalization as the result of separation, death, or divorce, they must apply to the Superior Court or Unified Family Court for equalization before the earliest of: 6 years from the date of the separation; 2 years from a declaration of divorce; or 6 months from the other spouse’s death.

A spouse may apply for equalization after the death of the other spouse, even if the surviving spouse is named as a beneficiary in the deceased’s will, if the surviving spouse determines that his or her entitlement in the will amounts to less than he or she would receive through equalization. If the spouse opts to apply for equalization, he or she forfeits the right to any entitlement under the will, unless the will specifies that the surviving spouse should receive an equalization payment in addition to what is gifted in the will.

It is also possible to apply for equalization even in the absence of death of a spouse or marriage breakdown. Section 5(3) of the FLA states that if, while the spouses are cohabiting, there is a risk that one spouse will “improvidently deplete his or her net family property,” the other spouse can apply for equalization. A spouse might seek to apply for equalization under s. 5(3) if his or her partner is in deteriorating health and has diminished mental capacity, or is suffering from a gambling or substance addiction problem. Note that if you apply for equalization under s. 5(3), the court will not grant further or subsequent equalization, upon later marriage breakdown, for example. If the spouses wish to allow for a second equalization payment, they must specify that in a separation agreement.

The courts also have power under s.12 of the FLA to make a preservation order, if they find such an order necessary to protect the interests of the applicant spouse. A preservation order would restrain the spouse from depleting any assets.

Possible Variation from Equalization
There are certain very limited situations in which a court has discretion to depart from equalization to award an amount that is either more or less than half the difference between the two spouses’ net family properties.

The court must find that equalization would be “unconscionable” (meaning patently unfair – a very high bar) as a result of one of the following:

One spouse failed to disclose debts or liabilities that existed at the time of marriage.
One spouse incurred debts or liabilities recklessly or in bad faith, and these debts are now claimed in reduction of that spouse’s net family property. (An example would be a spouse who incurred debt by consistently living beyond his or her means, or gambling, or making rash investment choices).
A large part of one spouse’s net family property is made up of gifts from the other spouse.
One spouse intentionally depleted his or her family property in order to avoid paying the other spouse a large equalization payment.
The spouses cohabited for less than five years, and under equalization one spouse would receive a disproportionately large equalization payment.
One spouse incurred a disproportionately large proportion of debts or other liabilities for the support of the family.
The existence of a written agreement between the spouses that does not constitute a domestic contract. (If a domestic contract exists, its provision will be respected by the courts.)
The existence of “any other circumstance relating to the acquisition, disposition, preservation, maintenance or improvement of property.”
Note that none of these criteria refer to conduct during the marriage, except as it relates to property. Conduct such as cruelty, adultery, or a spouse’s role in bringing about the dissolution of the marriage is not relevant to property division.

Method of Equalization
Courts can order the equalization payment to be made in a variety of ways. It can be as a lump sum, or paid in installments (over a period of time not to exceed 10 years). The court can order property partitioned or sold in order to meet the payments, and it can order property transferred to the recipient spouse, or held in trust for that spouse.

Notice of Refusal of Admission/Parole

Introduction

U.S. Customs and Border Protection (CBP) issues a Notice of Refusal of Admission/Parole when a traveler is denied entry into the United States at a port of entry. This formal document serves to inform individuals that they do not meet the eligibility requirements for admission, or they have violated U.S. immigration laws or regulations. In this article, we will explore the implications of receiving such a notice and provide guidance on how to navigate this situation.

Understanding the Notice

Upon receiving a Notice of Refusal of Admission/Parole, it is crucial to carefully review the document to understand the specific reason for the denial and any instructions provided. This notice typically includes details about the grounds for refusal and may cite relevant sections of U.S. immigration law.

Effects of the Notice

The immediate effect of receiving this notice is that the individual is denied entry into the United States at that time. The reasons for denial can vary and may include issues related to visa or travel document validity, previous immigration violations, criminal history, health concerns, or other factors that render the individual inadmissible under U.S. immigration law.

Steps to Take

1. Consult with an Immigration Attorney: It is highly advisable for individuals who receive a Notice of Refusal to seek legal counsel from an immigration attorney experienced in U.S. immigration law. An attorney can provide guidance, assess the situation, and determine the best course of action.
2. Appeal or Reapply: Depending on the reason for denial, there may be options to appeal the decision or take corrective action to address the issue. An attorney can advise on whether an appeal is possible or whether it would be more appropriate to reapply for admission in the future.
3. Address the Underlying Issue: If the denial is due to a specific issue (e.g., a criminal record, visa problems, etc.), individuals should work on resolving that issue before attempting to enter the U.S. again.
4. Maintain Documentation: Keeping copies of all relevant documents, including the Notice of Refusal, any correspondence with CBP, and any documents related to the underlying issue, is essential, as these may be needed for legal purposes.
5. Follow Legal Procedures: Individuals should follow any legal procedures, timelines, or requirements outlined in the notice and as advised by their attorney.

Visa Validity

If an individual’s visa was not cancelled and remains valid, they may still use that visa for future attempts to enter the United States. However, it’s crucial to understand that having a valid visa does not guarantee entry; CBP officers at the port of entry have discretion in admitting travelers.

Conclusion

Receiving a Notice of Refusal of Admission/Parole can be a complex and stressful situation. However, with the assistance of an experienced immigration attorney and a proactive approach to addressing any underlying issues, individuals can better understand their options and work toward resolving the issue to potentially gain admission to the United States in the future, if eligible. It is essential to be prepared for further questioning and to be honest during the inspection process when attempting reentry to the U.S.

For personalized guidance and legal support in such situations, individuals should consult with an immigration attorney who can provide tailored advice and representation.

IRCC announces update to Parents and Grandparents Program 2023

Immigration, Refugees and Citizenship Canada (IRCC) has just announced an update to the Parents and Grandparents Program (PGP). IRCC will accept up to 15,000 complete applications for sponsorship under the PGP this year.

On October 10, IRCC will begin sending invitations to apply to 24,200 interested potential sponsors, aiming to receive up to the 15,000 complete applications.

Due to the number of forms remaining in the pool of submissions from 2020, invitations to apply will be sent to randomly selected potential sponsors from that pool instead of opening a new interest to sponsor form.

If you submitted an interest to sponsor form in 2020, but did not receive an invitation to apply in 2021 or 2022, you are encouraged to check the email account you provided in 2020 when you submitted your interest to sponsor form.

If you are invited to apply as part of the 2023 intake, IRCC will continue to use the Permanent Residence Portal or the Representative Permanent Residence Portal, which allow applications to be submitted electronically.

Sponsor your parents and grandparents for Canadian immigration

Immigration Levels Plan
In 2022, IRCC invited 23,100 potential sponsors to apply to sponsor their parents and grandparents with the goal of receiving 15,000 complete applications.

Every year, IRCC releases its Immigration Levels Plan, which it uses to guide its operations and set out its goals for welcoming newcomers to Canada.

In 2023, Canada’s newcomer target is 465,000 new permanent residents. Canada’s goal is to welcome 28,500 parents and grandparents in 2023.

By 2025, Canada’s newcomer target is 500,000, and 36,000 parents and grandparents.

The Super Visa

The Super Visa is a popular option for Canadian citizens and permanent residents who want to bring their foreign parents and grandparents to Canada.

It is a temporary visa that allows parents and grandparents to visit their family for up to five consecutive years without having to renew their visitor status. Super Visa holders can enter Canada multiple times for up to 10 years. Those who already have a Super Visa may be able to apply for an extension that allows them to stay in Canada for up to seven years as a visitor.

There is no lottery for the Super Visa and it is offered all year, so it is a great option for those looking for more certainty when sponsoring their parent or grandparent.

In order to be eligible for the Super Visa, an applicant must:

• Be a parent or grandparent of a Canadian citizen or permanent resident
• Not be inadmissible to Canada on the basis of criminality or health
• Prove that they can meet the income requirements identified by the Low-Income Cut Off (LICO)
• Provide a signed letter from their child or grandchild inviting them to Canada, and includes a promise of financial support for the length of the visit and the list and number of people in the household of this person
• Provide proof of medical insurance coverage for at least one year with a Canadian insurance comp

What are the Super Visa Eligibility Requirements for the Sponsor?

To qualify for a Super Visa, the child or grandchild who is inviting their parents or grandparents will need to prove that their household meets the required Low Income Cut-Off (LICO). This proof may consist of the following documents:

• Notice of Assessment (NOA) or T4/T1 for the most recent tax year;
• Employment Insurance stubs;
• An employment letter including salary and date of hiring;
• Pay stubs; or 
• bank statements.

Notice Of Intent To Deny (NOID)

Receiving a Notice of Intent to Deny (NOID) can be daunting in some cases, as it means USCIS could deny an immigration application.

To avoid receiving a NOID, immigrants must prepare very well before filing an application with USCIS. For this reason, it is strongly recommended that you contact our  immigration lawyers first . 

With the help of our lawyer, you can maximize the chances of avoiding a possible delay or rejection of the petitions.

What Is A USCIS Notice Of Intent To Deny (NOID)

A Notice of Intent to Deny (NOID) is a USCIS response indicating that the application submitted lacked sufficient evidence. Likewise, the NOID can also mean that USCIS does not believe that the application will be accepted.

• Generally, this notification is issued by USCIS when the officer in charge determines that the applicant was unable to demonstrate their eligibility for the immigration benefit they requested.
• In the notice, USCIS lists the reasons why the case is intended to be denied and what options the applicant may have to respond to this decision.
• This notification implies that the applicant did not provide the indicated evidence. Furthermore, USCIS believes that immigration relief should not be approved for some reason either.
• Likewise, this notice is presented due to lack of evidence to support the request. The latter may be because the applicant has a criminal conviction or has committed violations of the immigration laws of the United States.

What Does A Notice Of Intent To Deny Mean?

Intent to deny refers to the idea that USCIS will probably deny an immigration application. This can occur even if the petitioner submits any missing evidence.

It should be noted that a NOID is not an official deny, as it can be combated. Generally, this notice is issued when an immigration officer does not have enough evidence to approve the petition, but also does not have enough evidence to reject it.

What Is The Difference Between RFE And NOID?

A NOID is not the same as a Request for Evidence (RFE). This is because the NOID indicates that USCIS plans to deny the application, while the RFE indicates that USCIS requires additional information to complete the application approval.

On the other hand, a notice of intent to deny gives the applicant the opportunity to respond to the reasons for denial, while an RFE allows the petitioner to provide additional evidence.

Also, the response time for a Notice of Intent to Deny is typically much shorter than the response time for an RFE. For example, the response time of the NOID can be as little as 30 days, while that of the RFE can be up to 89 days.

Significant Implications

Although there are differences between a NOID and an RFE, failure to respond to either of these notifications would bring significant complications to the immigrant’s legal status. 

For example, the petitioner could lose their legal status in the US and their ability to receive future immigration benefits. This means that if the immigrant wanted to get the Green Card, failure to respond to the notice could lead to the denial of the Green Card.

Is RFE Better Than NOID?

The request for evidence tells the immigrant that USCIS cannot evaluate the application in its current form, while the NOID is more serious and tells the immigrant that USCIS may deny their application.

While both notices are very important, it is better to receive an RFE than a NOID. This is because the RFE only means that USCIS requires more information and not that it intends to deny the application.

Reasons For Issuing A Notice Of Intent To Denial (NOID)

Some of the reasons why USCIS could issue a NOID is due to the following circumstances:

• The divorce certificate is unclear.
• All the documents were determined to be suspicious or false.
• There is not enough evidence about the genuineness of a marriage to proceed with adjustment of status in the United States.
• There is insufficient evidence from a joint sponsor for adjustment of status.
• There are suspicions that the marriage was used to evade US immigration laws.
• Adjustment of status is planned to be denied because the applicant is inadmissible under section 212(a)(6)(C)(i) of the INA.
• There is insufficient evidence that the petitioner and the beneficiary cohabited.

A very common case in which a NOID is issued is when Form I-751, Petition to Cancel Conditions on Residence, is denied for lack of evidence.

How To Respond To A Notification Of Intent To Deny (NOID)?

To respond to a NOID, a quick response is required, as the time frame is only 30 days. The following tips may help petitioners stay organized as they respond to this notice:

• Please read carefully: It is crucial to ensure that you review the NOID several times and that you understand everything that USCIS is asking for. As a result, it is important to think about how you will respond to this request in advance.
• Calm down: Many immigrants panic when they receive a NOID. However, it is important to remain calm, especially if the denial notice was received early.
• Review the notice: On some occasions, it is possible that there is an error in the initial request. Therefore, it is ideal to look for any type of failure and think about how to present sufficient evidence regarding it.
• Gather Documents: Depending on what is missing from the application, you may need to attach documents such as: canceled checks, selective service records, tax transcripts and others.
• Always respond: It is extremely important to respond before the deadline, since failure to do so could result in the application being denied.

Note that even if a response is sent to a NOID, it may still be denied. If denied, the petitioner can file an appeal with USCIS or wait for the record to be cleared and file a new application.

What Should I Do If I Received A Notice Of Intent To Deny (NOID)?

The NOID requires swift action to be taken in response, so it is crucial not to panic. Therefore, immigrants should ensure that they are proving their eligibility based on the relevant requirements. 

Some tips that we give to carry out this process are:

Meet The Stipulated Deadline

It is important to respond to this notice within the applicable period of days. Therefore, when the notice is received, be sure to write down the expiration date, since these dates are not negotiable.

If the NOID is not answered with convincing evidence before the deadline, the immigrants will receive a notice of action denying the petition.

Address All Issues

The NOID will provide all of USCIS’s reasons for denying the petition. Therefore, partial answers will not be enough to influence a favorable decision. Likewise, it is not worth leaving anything to chance or making assumptions about the application. 

Our advice is to comprehensively collect and submit all required evidence regarding each reason indicated by USCIS.

Collect The Documents

Immigrants should submit as many documents as necessary, based on their circumstances and application issues. Also, documents may be needed in connection with possible previous marriages.

It is essential that all documents collected are relevant, as there are no restrictions on the volume or type of document to submit. 

Update Of Relevant Documentation

In addition to providing documents and new evidence, immigrants may need to carefully review documents that have already been submitted to USCIS. 

For example, if you are applying for an E-2 visa, the business plan may require certain revisions in different areas. These could be forecast and budget. 

In these particular cases, it must be ensured that the changes and updates are included in a schedule or are mentioned in the cover letter more clearly.

Take Professional Advice

Due to what is at stake, it is essential to seek professional advice on this issue. Therefore, our attorney  is willing to help all immigrants who need professional advice on immigration issues.

Thanks to the help of our lawyer, we will be able to advise on the documents that you must compile to build a solid response before USCIS.

Wait For The Decision

After USCIS has received the immigrant’s response regarding the NOID, processing will resume. To do this, the additional evidence will be used, the decision will be made, and you will be informed of the final result once it has been decided.

It should be noted that the NOID can take months or years to process. Therefore, this is likely to negatively affect plans to travel or stay in the US.

Time is crucial in immigration applications. In fact, if you filed an application for political asylum in the United States, then you should know what the asylum clock is and how it might affect you.

Can USCIS Deny Without NOID?

Pursuant to volume 1, chapter 6 of the policy manual, USCIS has the discretion, in some cases, to deny an application without first issuing a NOID or RFE.

• As a general rule, a USCIS officer issues a NOID or an RFE when the law and facts warrant it. Similarly, officers should not avoid issuing one of these notices when necessary.
• Likewise, the officers must not issue one of these notices if it is determined that the evidence already submitted establishes the eligibility or ineligibility of the petition. 
• Submitting an unnecessary notice can potentially cause significant delays in the completion of the case. Additionally, it may incur additional costs to both the US government and the applicant.

Generally, USCIS will issue written notices to request missing evidence. However, you also have the ability at your discretion to deny requests without prior notice.

What Happens If A NOID Is Denied?Upon receiving the denial notice from USCIS, immigrants have the opportunity to file a motion to reopen or reconsider. Likewise, they can appeal the decision through Form I-290B, notice of appeal or motion.

The deadline for filing this form is 33 days from the date of the USCIS decision. In addition, there is a fee that must be paid to make this presentation, which is $675.

Now that you know the filing fee to appeal a NOID decision, you may be wondering how much does and immigration lawyer costs. Find out the answer in our corresponding post.

Can You Get Approval After The NOID?

Once USCIS receives the immigrant’s response, it will review the information provided and approve the case if sufficient evidence is presented. You must be patient in this type of process, since sometimes it usually takes months.

To find out the status of the application, immigrants can use the USCIS Contact Center. As a result, when reviewing the response, USCIS may consider the information to be insufficient or sufficient.

How Long Does It Take For USCIS To Make A Decision On The NOID?

The NOID can take months to process, and can even take years. Once USCIS receives the response from the immigrant, it will begin processing the updated petition. All this is done with the new evidence that was submitted.

It should be noted that during this time, the immigrant may need to apply for an extension of their current US visa type to remain legal in the US. The application to extend the visa also has a separate deadline.

How Can WANG LAW Help You?

Receiving a Notice of Intent to Deny (NOID) can be stressful, even if everything possible has been done beforehand to determine eligibility. 

Although a rejection of any of these notices can be appealed, only a good, experienced immigration attorney can help you. For example, our lawyer Carolina Curbelo.

Our law firm has been dedicated to helping immigrants with problems like this for years. Therefore, if you receive a notice of intent to deny from USCIS for an immigration application, it is best to contact us beforehand.

You can contact us by phone, by email, or by scheduling an appointment with our office, which is located in DOWNTOWN , CHICAGO.