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Trump is not leaving before setting more fires

With a painful transition of power underway, the attack on immigrants marches on until the last moments of the Trump administration. On December 31, 2020, the Trump administration issued a presidential proclamation extending the ban of entry for certain nonimmigrant and immigrant visas as outlined in its April 22, 2020, and June 22, 2020, proclamations. The ban includes certain applications for H-1B, H-2B, J-1, and L-1 visas for persons who were not present in the United States as of the effective date of the proclamation, as well as all applications for immigrant visa holders.  The bans were set to expire on December 31, 2020, but have …

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Dear Sophie: Tips for getting a National Interest green card by myself?

Sophie Alcorn
Contributor

Sophie Alcorn is the founder of Alcorn Immigration Law in Silicon Valley and 2019 Global Law Experts Awards’ “Law Firm of the Year in California for Entrepreneur Immigration Services.” She connects people with the businesses and opportunities that expand their lives.

More posts by this contributor

Dear Sophie: What’s ahead for US immigration in 2021?
Dear Sophie: How did immigration change for startup founders in 2020?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.
“Your questions are vital to the spread of knowledge that allows people all over …

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For immigrants, what rides on the Presidential and congressional elections next week?

My simple response is: More than ever! The entire direction of immigration policy can go in the direction of a potential shutdown of any immigration not deemed essential to the country’s economy, i.e. a continuation of President Trump’s current policies, or a return to the Obama path to citizenship and an opening of immigration to allow for skilled workers, entrepreneurs, foreign family members of US citizens and green card holders, and even refugees, asylees and current undocumented immigrants, who might finally have a path to citizenship.

The congressional election outcomes will determine HOW FAR we can go …

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Webinar report: NAF-BIZ New York – Update U.S. travel restrictions for Dutch businesses – 29 July 2020

TABS Webinar Report
NAF-BIZ New York – Update travel restrictions for Dutch businesses – 29 July 2020
This document contains our interpretation of the webinar only. It’s not endorsed nor supported by the U.S. Consulate, nor NAF-BIZ. All information is according to the regulations of July 28, 2020 and is subject to change; always check official sources before making any decisions. No rights can be obtained from this document.
PROCLAMATION PP 9993 – Schengen Area travel restrictions

Travelers who have been in the Schengen Area in the 14 days prior to U.S. entry are restricted (no expiration date); this includes lay overs in the Schengen Area. …

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The National Interest Exception – Who can Use This Crucial Tool to Continue Doing Business in the U.S.

When the President issued a national state of emergency, one of the first steps he took was closing the borders and limiting the list of people who could enter the U.S. to U.S. citizens, green card holders, diplomats, and crew members. Based on various proclamations, he then barred people residing in certain countries from coming directly to the U.S. from China, the United Kingdom, Ireland, Brazil, and all the Schengen Area countries (All contiguous E.U. nations).
This means that people residing in those countries could not travel directly to the U.S. and if they needed …

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Dear Sophie: How will this election nail-biter affect immigration?

Here’s another edition of “Dear Sophie,” the advice column that answers immigration-related questions about working at technology companies.

“Your questions are vital to the spread of knowledge that allows people all over the world to rise above borders and pursue their dreams,” says Sophie Alcorn, a Silicon Valley immigration attorney. “Whether you’re in people ops, a founder or seeking a job in Silicon Valley, I would love to answer your questions in my next column.”

Extra Crunch members receive access to weekly “Dear Sophie” columns; use promo code ALCORN to purchase a one or two-year subscription for 50% off.


Dear Sophie:

The last 24 hours have been a nail-biter; I feel powerless and I’m angry that we’ve come to this. I’m worried things won’t improve and I’m confused about where we even stand.

Sometimes I just feel so very, very tired of the struggle. I am just so ready to let go. I want to live in a world where we can create harmony, peace and opportunity for all. Can I still find that in the United States?

— Wanting in Walnut Creek

Dear Wanting,

I hear you.

The good news is that there is great potential, even as the world watches the U.S. presidential election results. If anything, what the last four years have taught me is that two clichés are really true: necessity is the mother of invention, and, where there is a will, there is a way. I can relate to many folks around the world because I know what it’s like to have the world of Silicon Valley feel so close, yet so far away, at a time when I felt powerless to make a difference.

Looking back over the past four years, amazing things have been possible for our clients and my team at Alcorn Immigration Law. I founded the firm out of my kitchen just years ago when my kids were toddlers. I would look out my kitchen window hand-washing tiny baby dishes. I can still remember the feeling of the suds on my fingers as I gazed longingly at the tall building on Castro Street in downtown Mountain View where 500 Startups used to sit on the top floor. YC was just down the street.

I felt so powerless. I desperately wanted to make the world a better place, and reaching the world of Silicon Valley, even though it was just past my backyard, seemed like getting to Mars.

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From those humble beginnings to now, as I founded and bootstrapped Alcorn Immigration Law on my own journey of becoming a single mom, I know what’s possible, even during the last four years of the Trump administration. We’ve had amazing success — claiming thousands of victories in supporting companies, people and families to live and work legally in the United States. If I was able to grow my firm during the last four years, I know that it’s possible for anybody to follow their heart and succeed. It’s our human essence to long to be a creator in this world, and anybody can and deserves to make a difference.

And here is what else I know: immigration law is created by acts of Congress and signed into law by the president. Mere tweets may be intended to try to bend the rules, but they cannot break them. That is what democracy is about.

In democracy, we have agreed to abide by basic laws, such as the inviolable dignity of the human being and that we want to agree on procedures for how we make decisions, like the process of passing a law about immigration. Democracy is not about majority tyranny. Democracy is about the fact that we uphold a few principles and we agreed on a decision-making process. When Trump ignores our basic laws and he ignores our legal processes, democracy is in peril.

But democracy does not need to be disrupted, it only requires small adjustments to thrive. In any group it is possible to make jointly supported decisions, taking the needs and resources of all into consideration. “Although the world is complex and decision making is complex, the components of decision making are simple,” according to Richard Graf, founder of K-i-E. Simple tools like the DecisionMaker can allow a miracle to happen — in an environment of openness and anonymity, we can all safely share our needs and concerns so that proposals can be formed based on collective best practices, knowledge, experience, intelligence and intuition. Even if it’s a complex situation, the way forward can immediately become clear.

And in our democracy, the paths to live and work in the U.S. will always remain viable, even if we need to remove a branch or navigate around a new boulder. Here at Alcorn, despite the furor and fear-mongering present in the world surrounding immigration, we are continually securing real victories for our clients. Not a client yet? Global founders can still create a startup, pitch it to investors and secure pathways to live and work legally in the United States with visas, green cards and citizenship.

So I know this and will repeat: Whatever the election results, there will still be many ways for people to legally navigate the U.S. immigration process and access the opportunity and security of life here. For more insight on these ways, please join my Election Results Webinar next week.

In the meantime, here are my thoughts on how the election results will affect the future of U.S. immigration:

Looking ahead, if Biden takes the victory, he has pledged to undo all Trump-era immigration regulations in the first 100 days and support comprehensive immigration reform. He promised to promote immigrant entrepreneurship, which could finally mean a startup visa! He also wants to speed up naturalization, rescind the Muslim travel bans, pass legislation to expand the number of H-1Bs, increase the amount of employment-based green cards, exempt international STEM PhD graduates from needing to await a priority date, create a new type of green card to promote regional economic development and support immigrant entrepreneur incubators.

Alternatively, we can expect that a Trump administration would continue restricting immigration, leading to litigation and judges deciding the fate of many recent policies. We can foresee a continued COVID freeze on green card interviews at consulates.

Also, DHS recently announced its intent to remove the randomness from the H-1B lottery and prioritize the annual H-1B selection process from highest to lowest wage starting in spring 2021. I’m sure there will be litigation about this; in the meantime, Alcorn Immigration Law continues to recommend that all employers proceed with registering employees and candidates in the lottery as usual. These details will take time to shake out and we don’t want anybody to lose a chance at being selected.

In other updates, immigration is just continuing along and there is actually some great news for folks: The State Department recently released the November Visa Bulletin and it stayed the same from October. (If you think your priority date is current or may be current soon, please contact your attorney as soon as possible to discuss filing your I-485 this month to avoid the possibility of retrogression in December!)

And if you need the freedom to build your startup, but were told that you don’t yet qualify for an O-1A visa, EB-1A or EB-2 NIW green card, you can join me in Extraordinary Ability Bootcamp with promo code DEARSOPHIE to receive 20% off.

We’re optimistic about the future. Life always offers us opportunities to grow through contrast and uncertainty, and we remain passionate about our mission to create greater freedom, empowerment, knowledge and love in the world.

Sophie


Have a question? Ask it here. We reserve the right to edit your submission for clarity and/or space. The information provided in “Dear Sophie” is general information and not legal advice. For more information on the limitations of “Dear Sophie,” please view our full disclaimer here. You can contact Sophie directly at Alcorn Immigration Law.

Sophie’s podcast, Immigration Law for Tech Startups, is available on all major podcast platforms. If you’d like to be a guest, she’s accepting applications!

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Fragomen, a law firm used by Google, confirms data breach

Immigration law firm Fragomen, Del Rey, Bernsen & Loewy has confirmed a data breach involving the personal information of current and former Google employees.

The New York-based law firm provides companies with employment verification screening services to determine if employees are eligible and authorized to work in the United States.

Every company operating in the United States is required to maintain a Form I-9 file on every employee to ensure that they are legally allowed to work and not subject to more restrictive immigration rules. But Form I-9 files can contain a ton of sensitive information, including government documents like passports, ID cards and driver’s licenses, and other personally identifiable data, making them a target for hackers and identity thieves.

But the law firm said it discovered last month that an unauthorized third-party accessed a file containing personal information on a “limited number” of current and former Google employees.

In a notice with the California attorney general’s office, Fragomen did not say what kind of data was accessed or how many Google employees were affected. Companies with more than 500 California residents affected by a breach are required to submit a notice with the state’s attorney general’s office.

Michael McNamara, a spokesperson for Fragomen, declined to say how many Google employees were affected by the breach.

A spokesperson for Google did not respond to a request for comment.

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