Student Optional Practical Training (OPT) and Expanded STEM Degrees

F-1 Student Optional Practical Training (OPT) and Expanded STEM Degrees

In an effort by the Obama administration to improve United States of America (USA)’s economic, scientific and technological competitiveness, the Department of Homeland Security (DHS) announced on May 11, 2012 an improved program to attract international students to study and remain to apply their expertise in USA. The improved program is the expanded list of science, technology, engineering, and math (STEM) designated-degree programs that qualify eligible graduates on student visas for the F-1 student visa Option Practical Training (OPT) extension, to include fields of studies such as pharmaceutical sciences, econometrics and quantitative economics.

Under the OPT program, international students who graduate from colleges and universities in the USA are able to remain in the country to receive work experience training in their field of studies for up to 12 months. Students who graduate from a science, technology, engineering, and math designated STEM degree program can remain for an additional 17 months on an OPT STEM extension.

For a full list of expanded STEM degrees, please see http://www.ice.gov/doclib/sevis/pdf/stem-list.pdf .

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.

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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.

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

Apply for H-1B Cap Work Visas Before Visa Numbers Run Out!

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. for a temporary period of time. H-1B petitions are temporary work visas. Normally, H-1B petitions/work visas are approved for a maximum of 6 years (3 years each time). Many H-1B foreign nationals have successfully progressed toward applying for and obtaining green card status.

As of April 27, 2010, the U.S. Citizenship and Immigration Services (USCIS) has received 16,500 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). As of April 27, 2010, the USCIS has received 6,900 of the 20,000 H-1B petitions for FY2011 that are exempt 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 FY2011 H-1B work visas or petitions will have an employment start-date of October 1, 2010 or later.

Furthermore, 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.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
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 Visas Still Available for Oct 1, 2010 Start-Date!

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. for a temporary period of time. H-1B petitions are company-sponsored temporary work visas. Normally, these petitions are available for an eligible H-1B beneficiary for a maximum of 6 years (3 years each time).

As of April 15, 2010, the U.S. Citizenship and Immigration Services (USCIS) has received 13,600 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). As of April 15, 2010, the USCIS has received 5,800 of the 20,000 H-1B petitions for FY2011 that are exempt 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 H-1B petitions will have an employment start-date of October 1, 2010 or later.

Furthermore, 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 company-sponsor.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
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.

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

Stranded in the U.S. due to the Icelandic Volcano Eruption? If so, please remember to apply for extension of your stay in the U.S.

The United States has granted special temporary relief to foreign nationals whose status in the U.S. are about to expire and who are stranded here because of the European airport closures due to the Icelandic Volcano Eruption.
Applicable foreign nationals who entered the U.S. under the visa waiver program (VWP) should contact either the U.S. Customs and Border Patrol office at the airport, or the local U.S. Citizenship and Immigration Services (USCIS) office.

Applicable foreign nationals who entered the U.S. with a visa should file a request for extension of status with the regional USCIS office.

In order to comply with the U.S. immigration law and not to complicate or jeopardize future U.S. immigration benefits, foreign nationals who entered under the VWP or visas should be vigilant in not exceeding their period of authorized stay in the U.S.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

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

Live and Work in U.S.: We Can File H-1B Cap Cases, Starting April 1, 2010!

Qualified foreign nationals who wish to live and work in the U.S. may start applying for first-time H-1B Petitions starting April 1, 2010. These H-1B Cap Petitions will have a start date of October 1, 2010 or later, and will be counted towards the annual H-1B visa quotas for the 2011 fiscal year (FY 2011).

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000; 65,000 is the annual visa cap, unless otherwise increased by Congress. Moreover, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

H-1B Petition is a type of business-sponsored or employer-sponsored temporary work visa for a qualified foreign national to live and work in the U.S., based on the terms and conditions of the approved H-1B Petition.

Normally, a foreign national who is applying for H-1B Petition for the first time will be subject to the annual visa quota, but there are exceptions. Typically, an H-1B beneficiary can hold H-1B status for up to a maximum of 6 years; however, there are certain exceptions. For example, a foreign national may be eligible to extend an H-1B status beyond 6 years, such as until (s)he receives green card status. An H-1B Petition is normally approved for 3 years, and can then be extended for another 3 years. An H-1B beneficiary may bring his/her family (spouse, and children up to a certain age) into the U.S. as dependents.

Foreign nationals and their H-1B sponsors may initiate their H-1B Cap Petitions, in advance, in order that their H-1B Cap Petitions can reach the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2010. For many years, H-1B visa quotas were exhausted within the first few days of April 1st. and during those years, it was crucial for those H-1B Cap Petitions to reach the USCIS on April 1. However, in 2009, due to the economic downturn, the H-1B visa quotas for the 2010 fiscal year (for October 1, 2009 employment start-date or later) were not exhausted until December 2009.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

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

Temporary Suspension of Removal of Foreign Nationals to Haiti, U.S. Immigration Response to Haiti's Earthquake Tragedy

On January 13, 2010, in response to the devastation caused by
the recent earthquake in Haiti, Department of Homeland Security Secretary Janet Napolitano and U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton halted all removals to Haiti for the time being.

Advantages of U.S. Citizenship, Becoming a U.S. Citizen and New Naturalization Test

A. New Naturalization Test

Beginning October 1, 2009, all U.S. citizenship applicants must take the new naturalization test, regardless of when they filed for their Form N-400 Applications for Naturalization. Since October 1, 2008, the U.S. Citizenship and Immigration Services (USCIS) has a new naturalization test for applicants of the N-400 Applications for Naturalization to become U.S. citizens. However, up until October 1, 2009, U.S. citizenship applicants who had filed for their Form N-400 Applications for Naturalization before October 1, 2008, had a choice of taking the old naturalization test or the new naturalization test.

The new naturalization test (see www.uscis.gov/citizenship) emphasizes on the fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of U.S. citizenship. As of September 30, 2009, the USCIS estimated that it has a 91% overall pass rate for the new naturalization test.

Some U.S. citizen applicants may be exempted or may apply for waiver from the U.S. naturalization test, depending on the criteria.

B. Criteria for Applying for U.S. Citizenship

The criteria for applying for U.S. citizenship vary from case to case. In general, a green card holder or permanent resident who has been continuously residing for at least half of the 5 years in the U.S. since receiving green card status may apply for U.S. citizenship or naturalization, depending on the criteria. However, a green card holder or permanent resident who is married to a U.S. citizen spouse for three years, and who has been continuously residing for at least half of the 3 years in the U.S. since receiving green card status, may apply for U.S. citizenship or naturalization, depending on the criteria.

In addition, under certain circumstances, children born to U.S. citizen parent(s) abroad may apply for U.S. passport, depending on the criteria.

C. Advantages of Being a U.S. Citizen

The advantages of being a U.S. citizen are bountiful such as the opportunities to apply for a U.S. passport; or to sponsor his/her spouse, children (of all ages), parents, and siblings for green card status. Under current U.S. immigration law, U.S. green card holders or permanent residents have limited options when it comes to family immigration sponsorship for their relatives.

For example, at present, the U.S. immigration law does not afford a green card holder or lawful permanent resident the opportunity to file for a family sponsorship for his/her parent.

Furthermore, some U.S. green card holders or permanent residents, even for those who grew up in the U.S. and knew U.S. as their only home, may unwittingly lose their green card status through abandonment or other legal mechanisms, thereby leading to deportation from the U.S.

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This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, aikwan.kok@gmail.com, 202-506-9767 (office), 703-772-8224, and/or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals and their families, employers and companies in all stages and aspects of green card and work visa matters.

USCIS Launches a Redesigned Website on September 22, 2009

On September 22, 2009, the Department of Homeland Security (DHS) Secretary Janet Napolitano, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas and Federal Chief Performance Officer Jeff Zients launched a redesigned website (http://www.uscis.gov/portal/site/uscis), available in English and Spanish. This effort is to actualize President Barrack Obama's commitment on helping customers navigate the very complicated U.S. immigration system and obtain their latest case status information. The redesigned USCIS website is intended to be more user friendly to customers, and a one-stop website for customers to obtain immigration services and information.

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. For more information, please contact Aik Wan Kok, Immigration Attorney at Tiya PLC, at koka@tiyalaw.com, tiyalaw@yahoo.com, 703-772-8224 or www.tiyaimmigration.com. Tiya PLC is a U.S. professional law practice specializing in U.S. immigration law. Ms. Kok and Tiya PLC provide legal representation to foreign nationals, individuals and their families, employers and companies in all stages and aspects of green card and work visa matters.