32,500 H-1B Regular Cap Work Visas, and 13,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 4, 2012)

32,500 H-1B Regular Cap Work Visas, and 13,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 4, 2012)

What is H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card). Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree and/or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of circumstances.

H-1B Annual Work Visa Cap

As of May 4, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 32,500 H-1B Regular Cap, and 13,700 H-1B Master’s Degree Exemption.

On April 2, 2012, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2013 (FY2013) visa quota (for employment start-date of October 1, 2012 or later). The FY2012 visas quota (for October 1, 2011 employment start-date or later) was already closed. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year; in recent years, all visa numbers had been exhausted eventually.

H-1B petitions can be filed under premium processing (faster processing of certain employment-based petitions and applications). Premium processing H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (“final receipt date”), and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date the USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Some H-1Bs Are Not Subject to H-1B Annual Work Visa Cap

Not all H-1B petitions are subject to annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions may not be subjected to the annual visa cap.

Duration of H-1B

In general, H-1B petitions/work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Annual Work Visas Are Used Up

Potential H-1B candidates who do not make it to the Fiscal Year 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

On November 23, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B petitions to meet the 65,000 statutory H-1B cap. Nov. 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date (October 1, 2011 or later) in Fiscal Year 2012 (FY 2012). Any petitions arrived on November 23, 2011 or after will be rejected. The USCIS will begin accepting H-1B cap petitions again on April 1, 2012 for employment start-date of October 1, 2012 or later.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties and circumstances.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that were subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption for FY 2012. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions were for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later), and as of November 23, 2011, the FY2012 visas quota (for October 1, 2011 start-date or later) for the 65,000 visa quota has already been closed on November 23, 2011. As of October 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (for this year, it was November 23, 2011 – visa quota for FY 2012). The final receipt date is the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them such as to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who have not made it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability, national interest waiver and PERM labor certification.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Certain I-130 Petitioners Residing Abroad: New Filing Location

Certain I-130 Petitioners Residing Abroad: New Filing Location

On May 16, 2011, the U.S. Citizenship and Immigration Services (USCIS) published a new regulation stipulating that, effective August 15, 2011, I-130 petitioners residing in foreign countries without international USCIS offices must file their Forms I-130 Petition for Alien Relative with the USCIS Chicago Lockbox facility at:

For U.S. Postal Service:

USCIS
P.O. Box 804625
Attn. CSC/I-130/OS
Chicago, IL 60680-4107

For Express mail and courier deliveries:

USCIS
Attn. CSC/I-130/OS
131 South Dearborn – 3rd Floor
Chicago, IL 60603-5517

Under the current procedures and before August 15, 2011, I-130 petitioners residing abroad without international USCIS offices would be filing their I-130s with the USCIS or the U.S. Department of State at their local U.S. embassy or U.S. Consulate. From August 15, 2011 onwards, I-130 petitioners residing abroad without international USCIS offices must file their Forms I-130 with the Chicago Lockbox facility at the address above.

As of August 15, 2011, I-130 petitioners residing in a country with a USCIS office have the option of sending their Forms I-130 to the Chicago Lockbox, or they may file their Forms I-130 at the international USCIS office having jurisdiction over their area of residence.

Since the new regulation becomes effective only on August 15, 2011, all I-130 petitioners should still follow the procedures currently in place until August 14, 2011.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

As of May 6, 2011: 10,200 H-1B Cap Work Visas Have Been Received for FY2012

As of May 6, 2011: 10,200 H-1B Cap Work Visas Have Been Received for FY2012

As of May 6, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 10,200 H-1B Regular Cap, and 7,300 H-1B Master’s Exemption.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window had been undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Original Certified PERM form ETA 9089 for Permanent Labor Certification, Lost and Expiring

Original Certified PERM form ETA 9089 for Permanent Labor Certification, Lost and Expiring

Recently, there have been reports that original certified forms ETA 9089 for permanent labor certification PERM process were not received. There was also an incident where the original certified form ETA 9089 was lost after being filed with the I-140 Immigrant Petition. Lost of original certified forms ETA 9089 unnecessarily complicates and increases green card processing time for foreign nationals and their employers. For more information on the PERM process, please read the last paragraphs below.

In a situation where the original certified form ETA 9089 is unavailable, the employer-sponsors may be unaware that their forms ETA 9089 have been certified, thereby missing the crucial filing periods for their I-140 Immigrant Petitions. The applicable I-140 petition must be filed during the validity period stipulated on the certified form ETA 9089. The original certified form ETA 9089 is submitted with the I-140 petition to the U.S. Citizenship and Immigration Services (USCIS). It is also possible that the original certified form ETA 9089 is lost during the filing process of the I-140 petition after being sent off by the employer-sponsor.

Due to recent reports on missing original certified forms ETA 9089, the following steps are encouraged:

For PERM application filed electronically, please check the online case status to verify whether it has changed from “in process” to “certified.” A pdf copy of the certified ETA 9089 can also be downloaded from the PERM website.

For PERM application filed by mail, please check the status of the case by e-mailing the U.S. Department of Labor (DOL) Atlanta NPC (National Processing Center) if the case is pending at least 3 months beyond the current processing date.

Also check the iCERT portal’s latest PERM processing time at http://icert.doleta.gov/ . If the pending PERM case is more than 3 months beyond the date being processed, send an inquiry to the applicable DOL PERM center.

If original PERM approval was never received, one can submit the I-140 petition with a copy of the approval (or with other proof that it was certified, such as an e-mail from the Atlanta NPC), and ask USCIS to request a duplicate certification from DOL. Also, if the certified ETA 9089 is lost during I-140 petition processing after filing, it may be best to ask U.S. Citizenship and Immigration Services (USCIS) to request a duplicate certification from DOL by including a copy of the approval; and other proof that it was certified, such as an e-mail from the DOL.

Foreign nationals may apply for green card to live and work in the United States via several methods. The common methods of green card applications are green card lottery, employer sponsorship such as through PERM, self-petition green cards such as extraordinary ability or certain national interest waiver category, etc.

PERM is a process of permanent labor certification by the U.S. Department of Labor (DOL). PERM filing with the DOL is submitted via form ETA 9089. Some green card sponsorships by employers require the PERM process and some do not. PERM stands for Program Electronic Review Management System. PERM is a process whereby the U.S. Department of Labor determines that:

a) The employer-sponsor has adequately tested the U.S. labor market to ascertain that there are no qualified, willing, able and available U.S. workers for the green card position;

b) The job requirements of the employer-sponsor are not unduly restrictive;

c) The offered green card salary meets the DOL prevailing wage criteria;

d) The employment of the foreign national will not adversely affect the wages and conditions of U.S. workers who are similarly employed; and

e) The foreign national meet the job requirements for the green card position in compliance with the criteria promulgated by immigration law.

Once the U.S. Department of Labor approves the PERM application by certifying the form ETA 9089, the employer sponsor may then submit the I-140 Immigrant Petition during the validity of the certified PERM form ETA 9089. Depending on the criteria, the foreign national may also submit his/her I-485 Application to Adjust to Permanent Resident Status with the I-140 petition. During the I-485 stage, the foreign national can also file for the I-765, Application for Employment Authorization Document (EAD card); and I-131, Advance Parole Document (an international travel authorization).

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224; koka@tiyalaw.com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Eligible Employees and/or Job Seekers Can Now Perform Self-Check E-Verification

Eligible Employees and/or Job Seekers Can Now Perform Self-Check E-Verification

The U.S. Citizenship and Immigration Services (USCIS) launched the first E-Verify Self Check on March 21, 2011. It is an innovative service that allows individuals in the United States to check their own employment eligibility status before they formally seek employment.

E-Verify Self Check is in addition to an employer E-Verify procedure; it does not replace the employer E-Verify procedure. The E-Verify program compares information from the Employment Eligibility Verification Form (I-9) against federal government databases to verify workers’ employment eligibility.

E-Verify Self Check is administered by the USCIS, in partnership with the Social Security Administration (SSA). USCIS is a division under the Department of Homeland Security (DHS). As of March 21, 2011, E-Verify Self Check is available to individuals who maintain an address and are physically located in Arizona, Idaho, Colorado, Mississippi, Virginia; or Washington, DC. The E-Verify Self Check is expected to expand to other states in the coming months.

E-Verify Self Check service is voluntary and free. Efforts are being made to ensure that E-Verify Self-Check is secure to use when it comes to users’ personally identifiable information and to prevent misuse of the service. Moreover, information that users provide during E-Verify Self Check and the results of an E-Verify Self Check will not be shared with users’ employers or prospective employers.

The E-Verify Self Check system allows each user to identify data inaccuracies, ranging from typographical errors to unreported name changes. Such inaccuracies, if not corrected, would result in a mismatch before a person seeks employment. E-Verify Self Check gives users the opportunity to submit corrections of any inaccuracies in their DHS and SSA records before applying for jobs, therefore, allowing workers to better protect themselves from potential workplace discrimination that could result from an employer’s abuse of the E-Verify system.

There are four steps to the E-Verify Self Check process:

1. The users will enter identifying information online (such as name, date of birth and address)
2. The users will confirm their identity by answering demographic and/or financial questions generated by a third-party identity assurance service
3. The users will enter work eligibility information such as a Social Security number and, depending on citizenship status, an Alien Registration number
4. E-Verify Self Check checks users’ information against relevant SSA and DHS databases and returns information on users’ employment eligibility status

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224; koka@tiyalaw.com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

H-1B Cap Work Visa Filing Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

H-1B Cap Work Visa Filing Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

On April 1, 2011, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

As of April 8, 2011, USCIS has received approximately 5,900 H-1B petitions counting toward the 65,000 cap, and approximately 4,500 petitions counting toward the 20,000 cap exemption for individuals with advanced degrees.

These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window are undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted, the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

Normally, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Updated I-9 Employment Eligibility Verification Procedures

Updated I-9 Employment Eligibility Verification Procedures

On April 14, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has updated some of the procedures pertaining to Employment Eligibility Verification (Form I-9) process. The new changes become effective on May 16, 2011.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States.

The updated procedures include, but are not limited to matters such as: revising the list of acceptable documents by removing outdated documents and making technical amendments; prohibiting employers from accepting expired documents; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The USCIS indicates that employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). Employers may also access The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) which was updated on Jan. 5, 2011, at www.uscis.gov/files/form/m-274.pdf

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

More Temporary U.S. Immigration Relief Measures for Those Stranded Due to Earthquakes and Tsunami in Japan

More Temporary U.S. Immigration Relief Measures for Those Stranded Due to Earthquakes and Tsunami in Japan

Tragedies are escalating in Japan as a result of its recent earthquakes and tsunami. With many U.S. citizens or residents having loved ones in Japan, and Japanese nationals already in the United States, the U.S. Citizenship and Immigration Services (USCIS) has issued a news release on March 17, 2011 outlining additional temporary immigration benefits that are available upon request.

For eligible Japanese nationals or U.S. residents stranded in Japan:
• Expedited processing of advance parole requests;
• Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs); and
• Assistance to lawful permanent residents (LPRs) stranded overseas without immigration documents such as green cards. If there are no overseas USCIS offices accessible by LPRs, the USCIS and the Department of State (DOS) will coordinate their immigration matters.
For eligible Japanese nationals already in the United States:
• The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
• Re-parole of individuals granted parole by USCIS;
• Extension of certain grants of advance parole;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; and
• Expedited employment authorization where appropriate.

For representation to bring eligible Japanese nationals to or extend status of these individuals in, the United States, please contact us at 703-772-8224 and koka@tiyalaw.com .

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

General Instructions: How to Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

General Instructions: How to Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

Recently, the Department of State (DOS), Office of Visa Services, issues another fraud warning advising the public of a substantial increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery)(also known as “green card lottery”) applicants. Posing as the U.S. government, these fraudulent letters and e-mails request DV applicants for payment of fees. In addition, the scammers will also claim that, for a fee, they can increase a person’s chances of winning the green card lottery; or that people from ineligible countries can still “qualify” to enter the lottery.

Green Card lottery is one of the U.S. green card programs to allow the lottery winners to apply for immigrant visas to live and work in the U.S. as green card holders. Each year, the State Department conducts a lottery through its DV program to distribute applications for 50,000 immigrant visas. PLEASE NOTE, winners are selected randomly, and there is no fee to enter the lottery.

The DOS reminds the public that DV-2012 applicants will not receive any letter of notification from the U.S. government. DV-2012 applicant must check their status online, and that DV Entry Status Check will only be provided through the DOS secure online site, at http://www.dvlottery.state.gov/

DOS has issued Frequently Asked Questions to educate green card lottery applicants or potential applicants from becoming victims of green card lottery fraud. For more information, please visit http://travel.state.gov/visa/immigrants/types/types_1749.html . Some examples of the DOS’ advice include:

A. How do I know if a website or email is from the U.S. government?

When surfing the internet on the U.S. government, the DOS advises the public that:

Internet sites ending in the “.gov” top-level domain suffix are official government websites. Official U.S. government email addresses also end in “.gov,” and any visa-related correspondence coming from an address that does not end with “.gov” should be considered suspect.
To link directly to the more than 200 U.S. Embassy and Consulate websites, visit www.usembassy.gov. Visa information on official U.S. government websites ending in “.gov” is official and correct.
The main U.S. government websites containing official visa and immigration information, including free information and forms, are:

U.S. Embassy and Consulate websites: http://www.usembassy.gov/
Department of State, Consular Affairs travel website: http://travel.state.gov
Department of State, Diversity Visa Lottery website: http://www.dvlottery.state.gov
Department of Homeland Security (DHS): http://www.dhs.gov
DHS, U.S. Citizenship and Immigration Services: http://www.uscis.gov
DHS, U.S. Customs and Border Protection: http://www.cbp.gov
DHS, Immigration and Customs Enforcement: http://www.ice.gov
Department of Labor: http://www.doleta.gov

B. Is immigration information on other websites official?

Even though some non-governmental websites provide legitimate and useful immigration- and visa-related information and services, these information may not be correct or up-to-date. The public should, therefore, always verify the information with an official U.S. government source. Visa applicants are advised to be cautious in all dealings with companies that claim to offer any assistance in obtaining U.S. visas.

Regardless of the content of other websites, the Department of State does not endorse, recommend, or sponsor any information or material shown on non-governmental websites (e.g., addresses ending with “.com,” “.org” or “.net”).

C. How do I recognize fraudulent websites and emails posing as U.S. government?

Some websites and emails try to mislead customers and members of the public into thinking they are official U.S. government websites.

These fraudulent or misleading e-mails or websites ARE NOT from the U.S. government because they do not have the “.gov” suffix on their addresses.

D. What is the purpose of these fraudulent websites and emails?

The purpose of these green card lottery fraudulent websites and emails are to defraud money from the public. For examples:

Some of these fraudulent websites or e-mails may require payment for immigration and visa services. If payment is made to a non-governmental source, this payment is not received by the U.S. government and does not apply toward visa processing. Sometimes these costs are for information or forms that are otherwise available for free on official U.S. government websites.

The imposter websites and emails cannot provide the services they advertise and for which they require payment. For example, many fraudulent emails promise U.S. visas or “green cards” in return for a large fee. Please note, only the U.S. government has the authority to approve U.S. visas and green cards. These non-governmental, unofficial organizations are not able to provide these services.
The fraudulent websites or e-mails may request personal information which could result in identity fraud or theft.
E. Where do I get official information on the Diversity Visa program and how do I check my status?

The only official information on green card lottery program is from the U.S. government websites ending in “.gov,” such as http://travel.state.gov or http://www.dvlottery.state.gov. The only official way to apply for the green card lottery is directly through the official U.S. Department of State website during the specified and limited registration period.

DV program entrants must check their status of their DV lottery entry online at http://www.dvlottery.state.gov:

DV 2011: Entrants who completed online DV-2011 entries between October 2, 2009, and November 30, 2009, and who were selected in the random drawing were notified by the Department of State, Kentucky Consular Center, by letter. Entrants can also check the status of their entries at http://www.dvlottery.state.gov from July 1, 2010, until June 30, 2011, using the information from their DV-2011 confirmation page saved at the time of DV entry. For successful DV 2011 entrants, the diversity immigrant visa application process must be completed and visas issued by September 30, 2011.

DV 2012: Entrants who completed online DV-2012 entries will not receive notification letters from the Kentucky Consular Center, and must check the status of their entries at http://www.dvlottery.state.gov between May 1, 2011, and June 30, 2012.

Notice: The U.S. Department of State’s Kentucky Consular Center DOES NOT E-MAIL NOTIFICATIONS to green card lottery entrants informing them of their winning entries. No other organization or private company is authorized to notify DV applicants of their winning entries, or the next steps in the process. Imposters frequently contact DV applicants asking for money or personal information through websites, emails, and letters. Entrants should only refer to the online status check at http://www.dvlottery.state.gov or instructions on http://travel.state.gov for official information about the DV process. For more information about the Diversity Visas review the Department of State, Diversity Visa Program webpage.

To learn more about DV or green card lottery scams, please see the Federal Trade Commission Warning at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt003.shtm .

F. Where can I find information on international financial scams?

For additional information on international scams involving internet dating, inheritance, work permits, overpayment, and money-laundering, please visit the International Financial Scams page at http://travel.state.gov/travel/cis_pa_tw/financial_scams/financial_scams_3155.html

G. How do I report internet fraud or unsolicited email?

If a person wishes to file a complaint about internet fraud, please visit http://econsumer.gov/ . econsumer.gov is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission.

In addition, a person can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3) website at http://www.ic3.gov/default.aspx.

If a person wishes to file a complaint about unsolicited email, please contact the U.S. Department of Justice at http://www.justice.gov/spam.htm .

Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Stranded due to the Earthquakes and Tsunami: Immigration Relief for Japanese and Other Nationals from the Pacific

Stranded due to the Earthquakes and Tsunami: Immigration Relief for Relief for Japanese and Other Nationals from the Pacific

On March, 11, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation, and who have exceeded or are about to exceed their authorized stay in the U.S., may be permitted up to an additional 30 days to depart.

Visitors traveling under the Visa Waiver Program (VWP):
• If you are at an airport, contact the U.S. Customs and Border Protection office at the airport
• All others, please visit the local U.S. Citizenship and Immigration Services office at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60aRCRD
Visitors traveling under a nonimmigrant visa:
• Visit the local U.S. Citizenship and Immigration Services office at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e39c0b89284a3210VgnVCM100000b92ca60aRCRD&vgnextchannel=e39c0b89284a3210VgnVCM100000b92ca60aRCRD
• Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record

For additional immigration relief options, please visit the Special Situations Web page at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=f34d3e4d77d73210VgnVCM100000082ca60aRCRD&vgnextchannel=f34d3e4d77d73210VgnVCM100000082ca60aRCRD.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Paper or Online Filing, or Both, for Change-of-Address Forms AR-11 and AR-11 SR?

Paper or Online Filing, or Both, for Change-of-Address Forms AR-11 and AR-11 SR?

During an open house informational session held on March 5, 2011 by the U.S. Citizenship and Immigration Services (USCIS) in Fairfax, Virginia, it is suggested that, due to system-interface issues, Change-of-Address applicants should consider filing paper change-of-address forms in addition to online filing to increase the chances that pending applications also accurately reflect the applicants’ new addresses.

Starting March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR) must be sent to a new location in Harrisonburg, Virginia.

Most foreign nationals and each dependent family member in the United States are required to notify the U.S. Citizenship and Immigration Services (USCIS) with updates of any address changes within ten (10) days of such change via Change of Address form (AR-11, or AR-11 SR for special registration foreign nationals). One separate form must be filed for each applicable foreign national. Change of Address form is also used for changing a foreign national’s address for a pending immigration application.

This Change-of-Address requirement also applies to green card holders.

Certain exceptions apply to the Change-of-Address requirement. For example, non-U.S.-citizens under 14, or holding A or G status do not need to file the Change of Address form. U.S. citizens are also not required to file an AR-11 Change of Address form but if a U.S. citizen has previously submitted a Form I-864 on behalf of someone who has become a permanent resident, the U.S. citizen is also legally required to notify the USCIS by completing a Form I-865 a Sponsor’s Change of Address form, within ten days of the completion of the move. Form I-865 can be located at USCIS website at

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ba892623014d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD .

For those subject to the AR-11 Change-of-Address requirement, failure to timely file the Change of Address form may be a ground for removal from the U.S.

On February 28, 2011, the USCIS announced that as of March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR for special registration foreign nationals) will change filing locations, and must be sent to the following address:

DHS/USCIS

Harrisonburg File Storage Facility

Attn: AR-11

1344 Pleasants Drive

Harrisonburg, VA 22801

The USCIS will forward Change of Address forms (AR-11 and AR-11 SR forms) mailed to the old location to the new filing location for 45 days beginning March 15, 2011 until April 28, 2011.

In addition, applicants continue to have the option to file their Change of Address form online or electronically with the USCIS at: https://egov.uscis.gov/crisgwi/go?action=coa . Both AR-11 and AR-11 SR forms can be submitted online at this USCIS website.

The USCIS announcement did not specifically address what would happen to Change of Address forms (AR-11 and AR-11 SR) mailed to the old address after April 28, 2011. Since the USCIS has indicated that it would only forward Change of Address forms filed to the old address until April 28, 2011, after this date, these Change of Address forms sent to the wrong address would, therefore, be considered improperly filed or rejected.

In minimizing erroneous filing location and for other reasons, Change-of-Address applicants may consider filing their AR-11 or AR-11 SR forms online in addition to paper mailing.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law. We also specialize in self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Cutting-Edge Proposed H-1B Electronic Registration System for H-1B Visa Cap Petitions

Cutting-Edge Proposed H-1B Electronic Registration System for H-1B Visa Cap Petitions

The ground-breaking H-1B Electronic Registration System is finally being proposed for implementation for H-1B petitions that are subject to the statutory annual visa cap, after lengthy discussions.

An H-1B petition is a temporary work visa for specialty occupation foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtaining green card status. Annually, there are 65,000 H-1B visa numbers; and an additional 20,000 H-1B cap-exempt petitions under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status, or H-1B petitions filed by certain types of employers, are exempt from the annual visa cap.

The H-1B Electronic Registration System serves to reduce costs and increase efficiency, to the U.S. Citizenship and Immigration Services (USCIS) and potential H-1B employers, in the pre-and initial filing stages of H-1B cap petitions (including the online stage of labor condition applications to the U.S. Department of Labor).

Once implemented, the H-1B Electronic Registration System would allow employers interested in filing H-1B petitions subject to the statutory visa cap to register electronically with the USCIS. The estimated time to complete the registration of an H-1B in this System is 30 minutes. Using this H-1B Electronic Registration System, the USCIS would select the number of registrations predicted to exhaust all available visas before the petition filing period begins (filing period for H-1B cap petitions starts on April 1 each year, until the H-1B visa numbers are exhausted – the requested employment start-date for the H-1B cap petition would be no earlier than October 1 in the same year). The employers would then file their petitions only for the registered H-1B cap petitions that have been selected for visa numbers.

Under the proposed H-1B Electronic Registration System, petitioners would have 60 or more days from the date of notification of selection (“selection notice”) to properly file (i.e. send the H-1B package to the USCIS) a completed H-1B petition for the named beneficiary. USCIS would state the applicable filing deadline in each selection notice. The USCIS would reject a selected H-1B petition (and return the associated filing fees) that is filed outside the stipulated filing deadline on the selection notice.

Potential H-1B cap candidates who are not selected in a given annual visa cap have the options to have their H-1B cap petitions submitted to the USCIS in the next fiscal year. The H-1B visa cap fiscal year starts on October 1 each year, and the H-1B cap petitions filing period begins on April 1 each year. In addition, non-selected H-1B cap candidates can consider other immigration options such as eligibility for self-petition green cards.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net .

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

New Filing Location for Form AR-11 and Form AR-11 SR, Change of Address Requirement

New Filing Location for Form AR-11 and Form AR-11 SR, Change of Address Requirement

Starting March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR) must be sent to a new location in Harrisonburg, Virginia.

Most foreign nationals and each dependent family member in the United States are required to notify the U.S. Citizenship and Immigration Services (USCIS) with updates of any address changes within ten (10) days of such change via Change of Address form (AR-11, or AR-11 SR for special registration foreign nationals). One separate form must be filed for each applicable foreign national. Change of Address form is also used for changing a foreign national’s address for a pending immigration application.

This Change-of-Address requirement also applies to green card holders.

Certain exceptions apply to the Change-of-Address requirement. For example, non-U.S.-citizens under 14, or holding A or G status do not need to file the Change of Address form. U.S. citizens are also not required to file an AR-11 Change of Address form but if a U.S. citizen has previously submitted a Form I-864 on behalf of someone who has become a permanent resident, the U.S. citizen is also legally required to notify the USCIS by completing a Form I-865 a Sponsor's Change of Address form, within ten days of the completion of the move. Form I-865 can be located at USCIS website at
http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=1ba892623014d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD .

For those subject to the AR-11 Change-of-Address requirement, failure to timely file the Change of Address form may be a ground for removal from the U.S.

On February 28, 2011, the USCIS announced that as of March 15, 2011, all Change of Address forms (AR-11 and AR-11 SR for special registration foreign nationals) will change filing locations, and must be sent to the following address:

DHS/USCIS
Harrisonburg File Storage Facility
Attn: AR-11
1344 Pleasants Drive
Harrisonburg, VA 22801

The USCIS will forward Change of Address forms (AR-11 and AR-11 SR forms) mailed to the old location to the new filing location for 45 days beginning March 15, 2011 until April 28, 2011.

Alternatively, applicants continue to have the option to file their Change of Address form online or electronically with the USCIS at: https://egov.uscis.gov/crisgwi/go?action=coa . Both AR-11 and AR-11 SR forms can be submitted online at this USCIS website.

The USCIS announcement did not specifically address what would happen to Change of Address forms (AR-11 and AR-11 SR) mailed to the old address after April 28, 2011. Since the USCIS has indicated that it would only forward Change of Address forms filed to the old address until April 28, 2011, after this date, these Change of Address forms sent to the wrong address would, therefore, be considered improperly filed or rejected.

In minimizing erroneous filing location and for other reasons, Change-of-Address applicants may consider filing their AR-11 or AR-11 SR forms online as opposed to paper mailing.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net.

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

USCIS Texas or California Service Centers’ Processing Delays for Certain I-130 Immediate Relative Petitions

USCIS Texas or California Service Centers’ Processing Delays for Certain I-130 Immediate Relative Petitions

Recently, the U.S. Citizenship and Immigration Services (USCIS) has issued a notification indicating delay in their processing of approximately 36,000 immediate relative petitions (Form I-130) that were transferred from the California Service Center (CSC) to the Texas Service Center (TSC). Some cases have been transferred back to the CSC. TSC and CSC are USCIS service centers.

As of February 22, 2011, the USCIS’ updates on the above cases (CSC and TSC) are:
Approved: 18,572
Denied: 165
Request for Evidence (RFE)/Intent to Deny: 6779
Referred to District Office for Interview: 4023

The petitioners or beneficiaries are encouraged to monitor their I-130 case progress on the USCIS My Case Status online at https://egov.uscis.gov/cris/Dashboard.do . However, by March 1, 2011, if the parties concerned do not see any action on their cases, such as an approval, denial or an RFE, they may contact USCIS at: I-130Inquiries.Tsc@dhs.gov

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net .

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Some I-130 Immediate Relative Petitions Pending with the USCIS Texas Service Center or California Service Center are Experiencing Delays

Some I-130 Immediate Relative Petitions Pending with the USCIS Texas Service Center or California Service Center are Experiencing Delays

Recently, the U.S. Citizenship and Immigration Services (USCIS) has issued a notification indicating delay in their processing of approximately 36,000 immediate relative petitions (Form I-130) that were transferred from the California Service Center (CSC) to the Texas Service Center (TSC). Some cases have been transferred back to the CSC. TSC and CSC are USCIS service centers.

As of February 14, 2011, the USCIS’ updates on the above cases are:
Approved: 10,264
Denied: 55
Request for Evidence (RFE)/Intent to Deny: 4137
Referred to District Office for Interview: 408

The petitioners or beneficiaries are encouraged to monitor their I-130 case progress on the USCIS My Case Status online at https://egov.uscis.gov/cris/Dashboard.do . However, by March 1, 2011, if the parties concerned do not see any action on their cases, such as an approval, denial or an RFE, they may contact USCIS at: I-130Inquiries.Tsc@dhs.gov

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net .

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Current USCIS Policy Memo in Adjudicating Extraordinary Ability, Exceptional Ability, and Outstanding Professors or Researchers Green Card Cases

Current USCIS Policy Memo in Adjudicating Extraordinary Ability, Exceptional Ability, and Outstanding Professors or Researchers Green Card Cases

Recently, the U.S. Citizenship and Immigration Services (USCIS) issued a Policy Memorandum (PM or immigration Policy Memo) regarding the analysis that USCIS officers should use when evaluating evidence in adjudicating the I-140, Petition for Immigrant Worker (one of the steps for certain green card cases) for foreign nationals who are of extraordinary ability, exceptional ability or national interest waiver, and outstanding professors or researchers.

USCIS officers may no longer unilaterally impose novel substantive or evidentiary requirements beyond those stipulated in the regulations.

The USCIS immigration Policy Memo directs the USCIS officers to first objectively evaluate each type of evidence submitted to determine if it meets the parameters applicable to that type of evidence described in the regulations (known as the “regulatory criteria”). USCIS officers should then consider all of the evidence in totality in making the final merits determination.

Before this USCIS immigration Policy Memo becoming effective recently, the practice of USCIS officers in adjudicating these green card cases was to evaluate the evidence at the beginning stage of the adjudicative process, with each type of evidence being evaluated individually to determine whether the self-petitioner met the green card criteria (such as whether the foreign national qualifies for self-petition green card based on extraordinary ability).

This USCIS immigration Policy Memo is a mere guidance to USCIS officers in evaluating evidence in adjudicating the above types of green card cases, and cannot be relied upon to create any right or benefit in any other form or manner. This USCIS immigration Policy Memo does not confer a right to immigration benefits.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

EAD and Advance Parole Incorporated Into One New Card!

On February 11, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it is now issuing employment and travel authorization on a single card for certain applicants filing a Form I-485, Application to Register Permanent Residence or Adjust Status; and also filing I-765, Application for Employment Authorization (EAD), and I-131, Application for Advance Parole.

This new card represents a significant improvement from the current practice of issuing paper Advance Parole documents especially because of the multiple functionalities of the card. For example, the new card can be used as proof of employment authorization in the United States, and for I-9 Employment Eligibility Verification purposes. It also serves as a form of international travel document (in conjunction with a valid passport), and the bar-coded card is more secure and more durable than the current paper Advance Parole document.

The card looks similar to the current EAD card but will include text that reads, “Serves as I-512 Advance Parole.” When a card is issued with this text, it will serve as both an employment authorization and Advance Parole document.

Under certain circumstances, USCIS will continue to issue separate EAD and Advance Parole documents. For example, an applicant will receive an EAD without permission to travel if the applicant does not request Advance Parole or if the applicant’s Form I-765 is approved but your Form I-131 is denied.

Please note, an approved advance parole, in paper or card format, is only a document permitting the traveler to seek permission at the port of entry to re-enter the United States, and the re-entry into the U.S. is not guaranteed. Moreover, certain foreign nationals with certain immigration histories may jeopardize their immigration process by traveling internationally even with approved advance parole documents/cards. Foreign nationals should consult with experienced immigration attorneys prior to their international travels.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

USCIS Office Closures Due to Severe Snow & Ice Storms Will Not Affect Cases and Responses Timely Filed, and Needing to Meet Deadline

On February 4, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that many of its offices are closed due to severe snow and ice storms. The USCIS service centers such as the Texas and Nebraska Service Centers are closed during the week of January 31, 2011. Many USCIS field offices are also closed. For the latest update on USCIS office closing, the public may contact the USCIS National Customer Service Center at 1-800-375-5283.

Cases, especially those that must meet deadline, will not be affected. This is because the USCIS will make adjustments and acknowledge timely filings for immigration filings and responses to request for further evidence that must meet their respective deadline.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

H-1B Visa Cap for FY2011 Has Been Met!

H-1B petitions are temporary work visas for specialty occupation foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtaining green card status.

On January 27, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B cap petitions to meet the statutory cap for the fiscal year (FY) 2011. The final receipt date for H-1B cap petitions is January 26, 2011. This means H-1B cap petitions received after January 26, 2011 will be rejected. H-1B cap petitions received on January 26, 2011 will undergo a computer-generated random selection process to select petitions needed to meet the cap. The USCIS will then reject and return to petitioners all remaining H-1B cap-subject petitions (including fees) that not randomly selected by the computer.

Potential H-1B candidates who do not make it to the Fiscal Year 2011 H-1B visa quota (October 1, 2010 or later start-date) have the options to have their H-1B cap petitions submitted to the U.S. Citizenship and Immigration Services (USCIS) on or after April 1, 2011 (October 1, 2011 or later start-date) for the Fiscal Year 2012 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

The USCIS has already received over 20,000 of the first 20,000 H-1B petitions for FY2011 that are exempted from the 65,000 visa cap, under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

Normally, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years).

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.