Page 37 - The Indian EYE 040323

IMMIGRATION APRIL 03, 2023 | The Indian Eye 37

NOW

IndiaLife TV Available

on your SmartTV with Zingo TV App

ing wage. can now capitalize on their startups with an I-485 application, so long as expand the economy. By encourag-
Simply go to your App Store or Play Store
Still, these challenges are not and use them as a basis for establish- it is approvable at the time of filing. ing H-1B entrepreneurs the USCIS
insurmountable. H-1B beneficia- ing their eligibility for the NIW. The Therefore, H-1B beneficiaries who should also think like an entrepre-
ries who wish to obtain H-1B status NIW may also be a viable option for have a pending or approved I-140 neur, use all its authority under the
through their startups face a less hos- those in the STEM field as the US- and who have adjustment applica- INA to allow entrepreneurs to re-
tile environment as they do not have CIS Policy Manual was updated last tions that have been pending for 180 main and thrive in the U.S., and adju-
to deal with the control test under the year to clarify how the NIW can be days can, after being terminated by dicate H-1B petitions consistent with
From SmartTV Download ZingoTV App
Neufeld memo. Before, our answer used by STEM entrepreneurs. their H-1B/I-140 sponsor, start their this objective.
to the question of “can the startup On the other hand, H-1B ben- company and port to that company, Notwithstanding a downturn
owner be able to sponsor themselves eficiaries who are terminated and or even a sole proprietorship, so in certain sectors of the economy,
on an H-1B through the startup?” have pending I-485 applications can long as their job duties are same or the talents and creative energies of
was a shaky “maybe”. Now, however, attempt to port to self-employment. similar to the occupation that was H-1B workers who have been laid
while still not implying a definitive INA § 204(j) allows foreign workers the basis of the I-140 petition. They off can be unleashed so that they be
“yes”, there is at least more reason to who are being petitioned for perma- may ne able to rely on their pending part of the effort in turning around
Login|Register with your eMail then
believe that an entrepreneur should nent residence by their employer to I-485 application, and employment the economy in addition to landing
be able to successfully sponsor him change jobs once their I-485 applica- authorization document, rather than on their feet.
or herself through their own startup, tions have been pending for 180 days remain in H-1B status.
especially in light of the June 17, 2020 or more. 8 C.F.R.§ 245.25(a)(2)(ii) While there is no specific startup *Jessica Paszko is an Associate at
guidance and the latest FAQs. (B) even allows a beneficiary to port visa in the INA, USCIS should think Cyrus D. Mehta & Partners PLLC.
If the beneficiary has an ap- to a new employer based on an un- of immigration in a strategic sense as She graduated with a J.D. degree from
proved I-140, then he or she can also adjudicated I-140, filed concurrently a mechanism to create wealth and Brooklyn Law School in 2021.
get three year H-1B extensions if el- _________________________________________________________________________________________________________
igible. Recall though that those who Start Watching IndiaLife TV 24 Hours LIVE
qualify for three year extensions only Cyrus D. Mehta, a graduate of Cambridge University and Columbia Law School, is the Managing Partner of Cyrus D. Mehta &
do so because they are nationals of Partners PLLC in New York City. Mr. Mehta is a member of AILA’s Administrative Litigation Task Force; AILA’s EB-5 Com-
countries with per-country limita- mittee; former chair of AILA’s Ethics Committee; special counsel on immigration matters to the Departmental Disciplinary
tions. Thus, when their priority dates Committee, Appellate Division, First Department, New York; member of the ABA Commission on Immigration; board member
become current, they will no longer of Volunteers for Legal Services and board member of New York Immigration Coalition. Mr. Mehta is the former chair of the
be eligible for three year H-1B exten- Board of Trustees of the American Immigration Council and former chair of the Committee on Immigration and Nationality
You can click www.indialife.tv
sions. At that point, they could file Law of the New York City Bar Association. He is a frequent speaker and writer on various immigration-related issues, including
an EB-2 National Interest Waiver on ethics, and is also an adjunct professor of law at Brooklyn Law School, where he teaches a course entitled Immigration and
(NIW), for instance, in order to be
to apply for a green card through a Work. Mr. Mehta received the AILA 2018 Edith Lowenstein Memorial Award for advancing the practice of immigration law
viable I-140 petition and in doing so, and the AILA 2011 Michael Maggio Memorial Award for his outstanding efforts in providing pro bono representation in the
on your browser and watch IndiaLife TV 24 Hours
will be able to recapture their old pri- immigration field. He has also received two AILA Presidential Commendations in 2010 and 2016. Mr. Mehta is ranked among
ority date. As a result of starting their the most highly regarded lawyers in North America by Who’s Who Legal – Corporate Immigration Law 2019 and is also ranked
own companies, these entrepreneurs in Chambers USA and Chambers Global 2019 in immigration law, among other rankings.

www.TheIndianEYE.com

Also download ZingoTV

for any of your Mobile Device

or any Smart Device

Start Watching IndiaLife TV

24 Hours LIVE IndiaLife TV

The Heartbeat of

Indians in

North America

and Worldwide

Advertise with IndiaLife TV

Call: 1-917-662-1122 eMail: [email protected]