London E Visa Services Temporary Closure Due to 2012 Olympics

London E Visa Services Temporary Closure Due to 2012 Olympics

The E Visa Office of the Embassy of the United States of America in London, England will be closed from July 16, 2012 to August 17, 2012 due to the 2012 Olympics. This E Visa Office will provide very limited or possibly no services in the months of July and August 2012. Normal services are expected to resume on August 20, 2012.

July 5, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on 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 legal or any advice, or attorney-client relationship.

P Work Visas, Performing Artists and Entertainers

P Work Visas, Performing Artists and Entertainers

On May 15, 2012, the U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of P nonimmigrant petitions for performing artists and entertainers. Precedent decisions are administrative decisions that are legally binding on the U.S. Department of Homeland Security’s branches responsible for enforcing immigration laws in all proceedings involving the same issue.

“Culturally unique” requires USCIS to make factual determination on a case-by-case basis, and the style of art or entertainment may include artistic expression of a hybrid/fusion of more than one culture or region and is not limited to traditional art forms.

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 all 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.

N-400 Naturalization or Citizenship Oath Ceremonies

N-400 Naturalization or Citizenship Oath Ceremonies

The district office Washington, D.C. U.S. Citizenship and Immigration Services (USCIS) located in Fairfax, Virginia, has several large Oath Ceremonies scheduled in the coming months of May and June 2012. There was already an 800-person swearing in ceremony scheduled for Wednesday April 25, 2012 at George Mason University. USCIS in Fairfax, Virginia, will schedule several additional large oath ceremonies off-site. In the next months, on-site same-day ceremonies may still be held for those applicants who are back in the office, by appointment, for a re-exam or Request of Further Evidence. Depending on circumstances, on-site ceremonies for Saturday interviews (N400s only) will be also conducted through the summer months.

By Aik Wan Kok, 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 all 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.

Employment-Based ( EB ) Immigrant Visa Numbers for June 2012

Employment-Based ( EB ) Immigrant Visa Numbers for June 2012

Processing time for employment-based lawful permanent residence (green card) preference category cases (EB cases) are tied to immigrant visa number availability. Immigrant visa numbers can retrogress (take much longer than the government’s previously estimated processing time). The wait time for an immigrant visa number for an employment-based case is determined by a case’s priority date, the employment-based preference category (EB category) and the foreign national beneficiary’s country of birth (not nationality). A priority date is the date of filing a case (such as the date of filing a PERM or an I-140 Immigrant Petition). The types of EB cases include extraordinary ability, outstanding professor and researcher, multinational executive and manager, exceptional ability, national interest waiver, PERM labor certification, and others.

On May 8, 2012, the U.S. Department of States issued the latest summary of immigrant visa number availability in its Visa Bulletin June 2012. In June 2012, immigrant visa numbers are available for employment-based green card preference category 2 for foreign nationals of all country of birth other than India or China (no visa numbers available for China or India). The cut-off priority dates for EB preference category 3 is August 8, 2005 (China), September 15, 2002 (India), May 22, 2006 (Philippines), and June 8, 2006 (Mexico and all other country of birth).

For more information on the immigrant visa number (especially June 2012), please visit the immigrant visa bulletin website of U.S. Department of States at http://www.travel.state.gov/visa/bulletin/bulletin_5712.html .

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 all 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.

Haiti TPS Extension for an Additional 18 Months, Until January 22, 2013

Haiti TPS Extension for an Additional 18 Months, Until January 22, 2013

Temporary Protected Status (TPS) for Haiti has been extended for another 18 month (until Jan. 22, 2013). The re-designation was published in the Federal Register on May 19, 2011, and U.S. Citizenship and Immigration Services (USCIS) encourages applicants to review the Federal Register (at http://www.gpo.gov/fdsys/pkg/FR-2011-05-19/html/2011-12440.htm ) which contains filing instructions for initial TPS application. TPS applicants (new or re-registration) may also visit www.uscis.gov/tps for additional information on application and/or re-registration procedures on TPS and work authorization.

Under the 2010 designation, TPS applicants were required to show that they had continuously resided in the United States since Jan. 12, 2010. Under the re-designation, eligible individuals who arrived up to one year of the earthquake in Haiti may now apply for TPS. However, individuals who are now attempting to enter the United States illegally will not be granted TPS.

The re-designation of TPS for Haiti encompasses the following TPS applicants:

A. Individuals who do not have TPS or a pending TPS application may begin filing immediately, starting May 19, 2011 and no later than Nov. 15, 2011.

Individuals filing for the first time and who do not currently have TPS: Additional Haitians (and persons without nationality who last habitually resided in Haiti) who have continuously resided in the United States since Jan. 12, 2011, can apply for TPS, if they meet all other Haiti TPS eligibility criteria.
Individuals with pending TPS applications: Individuals who have already applied for TPS under the initial designation announcement in January 2010 and whose applications are still pending as of May 19, 2011, will not need to file a new Form I-821, Application for Temporary Protected Status. These applicants with pending I-821 who need to extend or request an Employment Authorization Document (EAD) must file a new Form I-765, Application for Employment Authorization, starting May 23, 2011.

B. Individuals who already have Haiti TPS must wait to file for re-registration when a Federal Register notice describing the re-registration procedure is published on May 23, 2011.
Individuals re-registering for TPS: Individuals who already have approved TPS for Haiti must re-register starting May 23, 2011, and ending Aug. 22, 2011, once the Federal Register notice with re-registration instructions is published. For expedited processing, TPS beneficiaries are encouraged to file for re-registration as soon as the re-registration period begins on May 23, 2011.

All individuals registering for the first time or re-registering for TPS must file a Form I-821 and a Form I-765, with any required fees or a fee waiver request. Applicants of TPS re-registration will need to check the Federal Register, being published on May 23, 2011, for fee information. Eligible applicants may also request a waiver of application fees by filling an additional form I-912, and can obtain more information on fee waiver procedures at USCIS website at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6fbad59ae8a8e010VgnVCM1000000ecd190aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD .

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.

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.

On April 15, 2011: 7,100 H-1B Cap Work Visas Have Been Received for FY2012

On April 15, 2011: 7,100 H-1B Cap Work Visas Have Been Received for FY2012

The U.S. Citizenship and Immigration Services (USCIS) has received 7,100 H-1B Regular Cap, and 5,100 H-1B Master’s Exemption 20,000, as of April 15, 2011. These numbers include cases that are still pending or have been approved but do not include petitions that have been denied.

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 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 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.

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.

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.

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.

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.

General Instructions: How to Apply for I-601 Extreme Hardship Waiver in Certain European Countries? What are Extreme Hardships?

Certain foreign nationals may be required to file for a Form I-601 Application for Waiver of Ground of Inadmissibility when applying for immigrant visa at the U.S. Consulate abroad. Immigrant visa is one of the processes for obtaining green card status in the United States. An I-601 extreme hardship waiver is required, for example, when an applicant was unlawfully present in the United States for a certain period of time and now has a time bar from re-entering the United States; or has committed certain legal violations. This is not an exhaustive list of examples.

There are many unanswered questions to the application process for I-601 extreme hardship waiver. Consistent adjudication, handling and/or processing time, across all adjudication offices abroad for I-601 extreme hardship waiver are often being reviewed by the U.S. immigration branches in their efforts to improve the provision of such immigration service abroad and to promote family unification in the United States, while conforming with due diligence in executing and complying with the U.S. immigration law.

The following are some general information on I-601 extreme hardship waiver applications:

1. Who adjudicate the I-601 extreme hardship waiver applications?

The U.S. Citizenship and Immigration Services (USCIS) adjudicate the I-601 cases. The USCIS is a government agency that oversees lawful immigration to and in the United States. The USCIS is a branch of the U.S. Department of Homeland Security (DHS).

2. Where do I submit the I-601 extreme hardship waivers to?

For applicants outside the United States, the I-601 extreme hardship waiver applications are submitted at their U.S. Consulate abroad (i.e. the consular section of the U.S. Embassy). The U.S. Consulate reviews the I-601 filings for supporting documentation and then forward them to the appropriate USCIS Field Office. The USCIS Field Office adjudicating the I-601 extreme hardship waiver application is located at the U.S. Embassy in the same or in another country.

Applicants residing in the United Kingdom must send in their I-601 extreme hardship waiver applications to:

Mailing Address – From the United States
USCIS Field Office – London (I-601)
Unit 8400, Box 26
FPO AE 09498-0026

Mailing Address – From Outside the United States
USCIS Field Office (I-601)
American Embassy (DHS/USCIS)
Post Office Box 2444
London W1A 5WT

Physical Address for Express Delivery
USCIS Field Office (I-601)
American Embassy (DHS/USCIS)
24 Grosvenor Square
London W1A 1AE

For applicants residing in European countries such as Denmark, Finland, Iceland, Republic of Ireland, Norway, and Sweden, their I-601 extreme waiver applications are forwarded by their applicable U.S. Consulates to the USCIS Field Office in London, United Kingdom, for adjudication.

3. Where are the I-601 extreme hardship waiver applications adjudicated?

For I-601 extreme hardship waivers filed with U.S. Consulates abroad, the USCIS Field Offices for I-601 waivers that are normally located abroad adjudicate them.

4. What documents should the applicants include in the I-601 extreme hardship waiver application package?

The London USCIS Field Office has provided, among other things, a checklist and guidance for their I-601 extreme hardship waiver application process. Applicants residing in the United Kingdom are recommended to submit their I-601 extreme waiver application with documentation in certain order. For further detailed instructions, please visit http://london.usembassy.gov/dhs/uscis/ivwaiver.html .

5. What is “extreme hardship”?

“Extreme hardship” to qualifying relatives (U.S. citizen or lawful permanent resident relative) in U.S. immigration law requires hardships beyond the normal and usual hardships resulted from family separation. In general, the umbrella factors of “extreme hardships” to “qualifying relative(s)” may include, but are not limited to, medical/health, occupation, education, religion, finance, etc. An I-601 extreme hardship waiver application is adjudicated on a case-by-case and discretionary basis after considering all the circumstances of the case.

The U.S. immigration regulations have not defined the criteria of “extreme hardship” for I-601 extreme hardship waiver, and therefore, there are inconsistencies and lack of uniformity on the standards that would sufficiently constitute “extreme hardships” as well as the best materials to provide. Furthermore, the adjudication and grant of a waiver such as an I-601 waiver are inherently highly discretionary.

In general, applicants should consult with or seek help from a licensed and experienced U.S. immigration attorney in preparing “extreme hardship” package.

6. How do I check my case status?

For I-601 extreme hardship waiver applications being adjudicated by the London USCIS Field Office, the USCIS will notify the applicants with their I-601 receipt numbers which they can then use to track their case status at http://london.usembassy.gov/dhs/uscis/ivwaiver.html .

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.

H-1B Visa Cap for FY2011 is Almost Met!

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. Even though H-1B petitions are temporary work visas, many H-1B foreign nationals have successfully moved forward in applying for and obtaining green card status.

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.

As of January 21, 2011, the USCIS has received 62,800 H-1B petitions that are subject to the annual 65,000 visa cap. These H-1B petitions will count towards the Fiscal Year 2011 visa cap (FY2011).

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. These extra petitions will now be counted towards the regular 65,000 visa cap where 62,800 of such visa numbers have already been exhausted.

These FY2011 H-1B work visas will have an employment start-date of October 1, 2010 or later.

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.

Normally, H-1B petitions/work visas are approved for a maximum of 6 years (3 years each time).

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.

Immigrating to the U.S. Through Green Card Lottery [Diversity Immigrant Visa Program (DV Lottery)]

Each year, the Diversity Immigrant Visa (DV) Program (DV lottery)(also known as green card lottery) makes 50,000 immigrant visas available to eligible applicants who are selected in the lottery. To qualify for the lottery, an applicant must be a native of one of the listed country; and have the U.S. equivalent of a high school diploma, or have 2 years of related experience in the last 5 years in an occupation that requires at least 2 years of experience or training.

The initial DV lottery submission is absolutely free.

The U.S. Department of State (DOS) advises that there are many websites posing as the U.S. government and charging fees for this online submission. Applicants should be wary of websites posting as the U.S. government. Only applicants who win the lottery will be required to, eventually, pay any visa or other fees set by and to the U.S. government.

For applicants who seek help to submit a DV lottery entry using “Visa Agents”, Visa Consultants” or other individuals (collectively, Facilitator), the DOS further advises applicants to be present during the online DV lottery submission to ensure that all his/her personal information is entered accurately, and to retain the confirmation page containing the unique confirmation number because some Facilitators may extort money in exchange for the confirmation number. The confirmation number is the ONLY way for an applicant to verify if (s)he has been selected in the DV lottery and further procedures.

While applicants are free to seek help, most applicants submit this initial part of the DV lottery application on their own. Some winning applicants do seek out help from lawyers in preparing for their visa interviews since the information and documentation required for the visa interview is a bit more detailed than the initial free online submission.

If an applicant can meet these requirements, they can submit their entries online free at http://www.dvlottery.state.gov/ . Each applicant will be required to electronically submit photographs and information about themselves, their spouse, and unmarried children under the age of 21. The information required of each applicant and their family members includes, but are not limited to:

1. FULL NAME – Last/Family Name, First Name, Middle name
2. DATE OF BIRTH – Day, Month, Year
3. GENDER – Male or Female
4. CITY WHERE YOU WERE BORN
5. COUNTRY WHERE YOU WERE BORN – The name of the country should be that which is currently in use for the place where you were born.
6. COUNTRY OF ELIGIBILITY OR CHARGEABILITY FOR THE DV PROGRAM – Your country of eligibility will normally be the same as your country of birth. Your country of eligibility is not related to where you live. If you were born in a country that is not eligible for the DV program, please review the instructions to see if there is another option for country chargeability available for you. For additional information on chargeability, please review DOS DV 2012 Instructions under “Frequently Asked Question #1”.
7. MAILING ADDRESS – In Care Of, Address Line 1, Address Line 2, City/Town, District/Country/Province/State, Postal Code/Zip Code, and Country
8. COUNTRY WHERE YOU LIVE TODAY
9. PHONE NUMBER (optional)
10. E-MAIL ADDRESS – provide an e-mail address to which you have direct access. You will NOT receive an official selection letter at this address. However, if your entry is selected and you respond to the notification of your selection through the Entry Status Check, you will receive follow-up communication from the Kentucky Consular Center (KCC) by e-mail notifying you that details of your immigrant visa interview are available on Entry Status Check.
11. WHAT IS THE HIGHEST LEVEL OF EDUCATION YOU HAVE ACHIEVED, AS OF TODAY? You must indicate which one of the following represents your own highest level of educational achievement: (1) Primary school only, (2) High school, no degree, (3) High school degree, (4) Vocational school, (5) Some university courses, (6) University degree, (7) Some graduate level courses, (8) Master degree, (9) Some doctorate level courses, and (10) Doctorate degree
12. MARITAL STATUS – Unmarried, Married, Divorced, Widowed, or Legally Separated
13. NUMBER OF CHILDREN – Entries MUST include the name, date, and place of birth of your spouse and all natural children. Entries must also include all children legally adopted by you, and stepchildren who are unmarried and under the age of 21 on the date of your electronic entry , even if you are no longer legally married to the child’s parent, and even if the spouse or child does not currently reside with you and/or will not immigrate with you. Note that married children and children 21 years or older are not eligible for the DV; however, U.S. law protects children from “aging out” in certain circumstances. If your electronic DV entry is made before your unmarried child turns 21, and the child turns 21 before visa issuance, he/she may be protected from aging out by the Child Status Protection Act and be treated as though he/she were under 21 for visa-processing purposes. Failure to list all children who are eligible will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. See DOS DV 2012 Instructions under Frequently Asked Question #11.
14. SPOUSE INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph. Failure to list your eligible spouse will result in disqualification of the principal applicant and refusal of all visas in the case at the time of the visa interview. You must list your spouse here even if you plan to be divorced before you apply for a visa.
15. CHILDREN INFORMATION – Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, and Photograph: Include all children declared in question #13 above.

When an applicant completes the online lottery application, they will get a confirmation number which they should print out. This confirmation number will be the only means by which the applicant will learn of their having won the lottery. Entry into each year’s DV Lottery is allowed only during a limited period of time. The period to apply for the 2011 and 2012 DV lottery has already closed. The entry period for the 2013 DV lottery will be announced on this website.

Once the application is submitted online, applicants can check the status of their DV lottery application online at www.dvlottery.state.gov . 2011 DV lottery winners have already been notified that they won. 2012 DV lottery winners will only find out that they have won by using the Entry Status Check section of the DV lottery website and how to proceed on their applications. Non-winning entries will learn of their non-selection using the Entry Status Check online system as well. The entry status check portion of the above website will provide winning applicants with a link to further instructions on how to proceed on their applications if they are selected.

If you would like more information on the DV lottery, please consult the website above or contact an immigration attorney.

Author: Aaron Hurlock, an Immigration Paralegal with about 10 years of professional immigration experience.

Editor & Contributor: Aik Wan Kok, 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.

H-1B Work Visa Quota is Almost Met for Fiscal Year 2011!

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. Even though H-1B petitions are temporary work visas, many H-1B foreign nationals have successfully moved forward in applying for and obtaining green card status.

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.

As of January 7, 2011, the USCIS has received 58,700 H-1B petitions that are subject to the annual 65,000 visa cap. These H-1B petitions will count towards the Fiscal Year 2011 visa cap (FY2011).

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. These extra petitions will now be counted towards the regular 65,000 visa cap where 58,700 of such visa numbers have already been used up.

These FY2011 H-1B work visas will have an employment start-date of October 1, 2010 or later.

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.

Normally, H-1B petitions/work visas are approved for a maximum of 6 years (3 years each time).

By Aik Wan Kok, 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.