John Hykel Law Offices

1. JOHN HYKEL LAW OFFICES WWW.JOHNHYKEL.COM

2. CONTENTS 3 ABOUT US 7 3 THINGS IMMIGRANTS DON’T HAVE TO FEAR 10 IMMIGRATION REMAINS INTERTWINED WITH COVID-19 11 SENATOR INTRODUCES A BILL TO EASE IMMIGRATION 12 MALDEF SUES OVER LOST STIMULUS CHECKS 13 IMMIGRATION HIRING DURING THE COVID-19 CRISIS 14 REMOTE WORK FOR H1B AND E-3 EMPLOYEES 15 REMOTE WORK FOR L-1 EMPLOYEES 16 CONTACT US

3. ABOUT US John J. Hykel, a Philadelphia immigration lawyer, is a former General Attorney with the United States Immigration and Naturalization Service (INS). His practice is focused exclusively on U.S. Immigration and Citizenship Law. A native-born United States citizen, he was born and raised in the suburban Philadelphia, Pennsylvania area and handles cases in Pennsylvania, Delaware and New Jersey. Mr. Hykel graduated from Widener University in Chester, Pennsylvania “cum laude” and received a Bachelor of Science degree in Economics.

4. He went on to graduate in the top 10 percent of his class from the Widener University School of Law in Brandywine, Pennsylvania and earned a Juris Doctor Degree.  Subsequent to his graduation from the Widener University School of Law, Mr. Hykel commenced employment with the U.S. Immigration and Naturalization Service District Office in Philadelphia, Pennsylvania. He was employed by the U.S. INS in Philadelphia as a General Attorney for several years. He is committed to helping clients navigate through complex problems that arise in their path to citizenship and ensuring them the best possible outcome in every case.

5. Currently Mr. Hykel is admitted to the following Courts: Immigration Court Executive Office for Immigration Review U.S. District Court for the Eastern District of Pennsylvania U.S. Court of Appeals for the Third Circuit The Supreme Court of Pennsylvania. Additionally, he is a member of the Philadelphia Bar Association and the American Immigration Lawyers Association. Some of his areas of practice include naturalization and citizenship; family immigration; employment-based immigration; deportation and removal; asylum; and Federal Appeals, including Petitions for Review, Petitions for Habeas Corpus, Petitions Mandamus and Appeals denied of Naturalization.

6. Mr. Hykel personally reviews all cases and information in the office. If you contact the law offices of John Hykel, you will receive individual service from him directly. The clerical and paralegal staff are seasoned professionals who will also give you the competent and efficient service you deserve. Rest assured that if you want to live and work in the United States and enjoy the many new opportunities citizenship will bring, John J. Hykel is the attorney for you. Mr. Hykel is dedicated to helping clients surmount obstacles and achieve their dreams for U.S. citizenship.

7. 3 THINGS IMMIGRANTS DON’T HAVE TO FEAR Covid-19 has created a lot of fear and uncertainty, especially for immigrants. Many immigrants aren’t taking certain actions which could help them because they are afraid of complicating their situation or creating consequences they’re not prepared to face. That’s why we wanted to take a moment to go over some of the things which immigrants do not have to fear. #1) FILING FOR UNEMPLOYMENT NPR recently ran a report which indicated some immigrants are afraid to file for unemployment for fear of losing their green cards. Much of this uncertainty has been sparked by the new “public charge” rules which penalize some immigrants for taking advantage of welfare programs like Medicaid and public housing.

8. Fortunately, unemployment insurance is not a welfare benefit. If you have been working, legally, in the United States and are eligible it is an earned benefit. It’s a form of insurance you’ve been paying into all along. That means you cannot be penalizing for accepting it and should apply as quickly as possible if you happen to need it. #2) GETTING A COVID-19 TEST ICE will not be targeting hospitals or testing stations. Immigrants across the nation are being encouraged to seek out and receive necessary medical care. Fortunately, testing, prevention, or treatment for Covid-19 won’t be used against immigrants in a public charge test. If you think you have the virus, seek the care you need when you need it.  For right now, it’s more important for you to survive than it is for you to worry about public charge issues anyway.

9. #3) FOR IMMIGRANT DOCTORS, PRACTICING TELEMEDICINE H-1B visa holding doctors are allowed to practice telemedicine. If your employer wants to move you to a different hospital to help out with the Covid-19 pandemic this is also now allowed under recent changes to USCIS policy. This is one of many concessions USCIS is making to the current reality. DON’T ASSUME. ASK. When you have a good immigration attorney on your side you don’t have to worry about what you can and can’t do. You can just call and ask, ensuring an action you’re contemplating won’t complicate or endanger your immigration status. You can also figure out what actions to take in response to rapid changes in laws and policies. The team at John Hykel Law is ready to help. If you haven’t retained our services, call us to get started today. The office is conveniently located in the heart of Center City Philadelphia. The consultation can be in person or by telephone. We welcome the opportunity to serve you.

10. IN THE NEWS: IMMIGRATION REMAINS INTERTWINED WITH THE COVID-19 PANDEMIC The Covid-19 pandemic and immigration policy have become entangled. The pandemic makes life harder on immigrants. It’s also inflamed the debate. Indeed, the tug-of-war over immigration seems to be the one facet of American life that hasn’t ground to a complete halt. Here are four news items worth paying attention to. THE 60-DAY BAN ON GREEN CARDS Republicans claim they’re only against legal immigration, but that’s exactly what Trump decided to ban, as if shutting down the green card process would somehow stop the spread of the virus. Except most of the people waiting for green cards are already here. WWW.JOHNHYKEL.COM

11. The “ban” didn’t stop EB-5 visas, allowing wealthy immigrants to buy their way to a green card by investing (though if you’re interested in pursuing this type of visa you’ll still need legal help).  It also didn’t stop work visas for temporary farm workers and other low-paid immigrant labor. Speculations on motives vary, from trying to preserve cheap labor for business owners while simultaneously preventing new immigrant voters to the move being a simple distraction from his failures during the pandemic. This week a federal judge in Oregon upheld the sixty day ban on procedural grounds. SENATOR DAVID PERDUE INTRODUCES A BILL TO EASE THE IMMIGRATION PATH FOR MEDICAL PERSONNEL If you’re a doctor or a nurse you may soon have an easier time coming to America. Senator David Perdue (R-GA) is planning to introduce bipartisan legislation that would reallocate 25,000 unused immigrant visas for nurses and 15,000 for doctors. It would also instruct the State Department and the Department of Homeland Security to expedite processing for these visas. The bill won’t be introduced until the Senate reconvenes, but it’s a bill to watch closely.

12. MALDEF SUES OVER LOST STIMULUS CHECKS American citizens married to undocumented immigrants won’t get stimulus checks, at least, not if the Trump Administration has its way. The Mexican-American Legal Defense and Educational Fund is pushing back. They’ve launched a lawsuit on behalf of six American citizens to get stimulus checks into the hands of those families. The only way the government is able to target these families is by noting the undocumented immigrants paying via ITIN. Immigrants who followed the rules are watching their loved ones be penalized. GOT QUESTIONS? GET HELP! It’s a tough time to be an immigrant, and the landscape is changing rapidly. Here at John Hykel Law we’ll continue to monitor the situation.

13. IMMIGRATION HIRING DURING THE COVID-19 CRISIS If you’re one of the many employers who depends on immigrant labor then the Covid-19 crisis may have brought you new concerns and challenges. You can send a citizen employee to work from home with no further action. Sending an immigrant employee home or hiring a remote, immigrant worker may require additional paperwork. There are also implications for hiring employees in general. Nevertheless, there is good news: in many cases the government has acted quickly to make accommodations. HIRING NEW EMPLOYEES DHS has made hiring a little easier by waiving in-person verification requirements for Form I-9. While you’ll have to re-verify employment eligibility in person at a later date, you can now accept documentation remotely via video conference, fax, or email.

14. REMOTE WORK FOR H- 1B AND E-3 EMPLOYEES You might plan to keep those employees remote, but they’ll still have to report for an in- person verification later. If you plan to hire H-1B employees there are posting and notice requirements. You may do this via an email to your employees or via a notice on your website, but you need to make sure all your employees are aware of the notice. Your office location is the work location on the employee’s Labor Condition Application (LCA). You may need to get an amendment. Not all employees will need an amendment, but it’s important to consult with an immigration attorney to be sure. The employee’s geographical location, duration of remote work, and type of work will all play into the legal steps you’ll have to take to remain in compliance. Note it is easier to remain in compliance if your employee lives within normal commuting distance of your office, but you shouldn’t rely on that if you want to keep your worker legally employed. There are also 30-day short-term placement options. 

15. REMOTE WORK FOR L-1 EMPLOYEES If you have L-1 employees then you already know you must maintain an “office” where you are doing visit and that USCIS can perform spot checks to make sure that office exists. This can be difficult when everyone is working from home. There are a few ways around this. For example you might have one or two people at the office maintaining proper social distancing so the spot check doesn’t lead an inspector to believe (mistakenly) that the business has closed. If that’s not possible you may wish to work with your immigration lawyer to protect these employees. Laying Off Employees If you lay off noncitizen employees you may not be able to get them back. USCIS has given laid off H-1B workers more time to find work, but they may nevertheless fall out-of-status quickly. It may be wiser to take advantage of payroll loan programs or other relief programs which allow you to keep employees on the payroll. Reducing work schedules or compensation may be possible, but you won’t be able to trim more than a few hours a week. Most H-1B and E-3 visa programs require full-time work, which means the employee works for at least 35 hours. In cases where the employee was approved for part-time work you can’t pay the employee for fewer than the minimum number of hours indicated on your application.

16. CONTACT US LAW OFFICE OF JOHN J. HYKEL IMMIGRATION AND CITIZENSHIP Two Penn Center Plaza 1500 JFK Boulevard Suite 1025 Philadelphia, PA 19102 Phone: (215) 405-0555 Toll Free: 1-877-405-0550 Fax: (215) 405-0449 Email: jhykel@aol.com WWW.JOHNHYKEL.COM