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Washington DC, United States
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families in U.S. immigration law in areas including, but not limiting to, green card, work visa and waiver matters. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver, and employer-sponsored PERM labor certification; and all types of work visas such as Hs, Ls and Es. We represent clients within the U.S. and abroad. With decades of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services. PLEASE VISIT OUR WEBSITES AT http://www.tiyaimmigration.com , http://www.immigrationresource.net AND http://tiyalaw.blogspot.com , THANK YOU.
Showing posts with label Work Authorization. Show all posts
Showing posts with label Work Authorization. Show all posts

Tuesday, April 3, 2018

Still Waiting for Green Card, Work Permit or Travel Document in the Mail?

Starting April 2, 2018, USCIS will destroy Green Cards, work permits or travel documents that have been returned undelivered by USPS after 60 days if applicants have not contacted USCIS with an updated address.

For additional information, please see: http://immigrationresource.net/still-waiting-for-green-card-work-permit-or-travel-document-in-the-mail/


April 3, 2018
This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We focus on diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 Adjustment Applications; I-765 work permit; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; other waivers; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID), and others.

Thursday, May 1, 2014

USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014

USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014 H-1B Annual Work Visa Cap On April 1, 2014, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 exemption for H-1B under the U.S. advanced degree. On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions. The USCIS has finished its computer-generated random selection process (lottery) on April 10, 2014 and has begun issuing receipt notices. Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit. For this H-1B cap-season purpose only, USCIS will begin premium processing for H-1B cap cases on or before April 28, 2014. What is an 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. 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, or 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 or add H-1B employers. 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 2015 H-1B visa quota (October 1, 2014 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to USCIS on or after April 1, 2015 (October 1, 2015 employment start-date or later) for the Fiscal Year 2016 H-1B visa quota. They can also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible. April 10, 2014: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com; Direct dial from abroad: 001-703-772-8224; http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net We represent employers, companies, and individuals and their families in green card, citizenship and work visa matters in U.S. immigration law. We also have a focus on green card cases such as extraordinary ability, national interest waiver, PERM, family; and work visas, family visas, nonimmigrant, and waiver matters. All Rights Reserved.

Saturday, July 7, 2012

USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

USCIS Not Yet Accepting Deferred Action Applications From Certain Young People But Will Be Soon!

On June 15, 2012, the U.S. Department of Homeland Security (DHS) announced, effective immediately, certain young people who were already brought to the United States as young children may be considered for prosecutorial discretion of deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation.

Young people who may meet the criteria, but who are not in removal (deportation) proceedings, should not submit their applications for deferred action to the U. S. Citizenship and Immigration Services (USCIS) yet. USCIS is still developing procedures for deferred action applications, and will implement application procedures within 60 days from June 15, 2012.

At this time, a young applicant, currently in removal proceeding (without a final removal order) and meeting DHS deferred action criteria, may contact ICE (U.S. Immigration and Customs Enforcement) at 1-888-351-4042. Eligible young people with unexpired voluntary departure and meeting deferred action criteria may consider the option of motion to reopen their cases with ICE.

Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions.

The criteria for being considered for deferred actions are: 1.Came to the United States under the age of sixteen; 2.Have continuously resided in the United States for a least 5 years preceding the date of DHS deferred action memorandum (June 15, 2012) and are present in the United States on the date of DHS deferred action memorandum (June 15, 2012); 3.Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; 4.Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND 5.Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document (EAD). These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

July 7, 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 self-petition green card cases such as extraordinary ability and national interest waiver.

Friday, June 15, 2012

Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)

Deferred Actions for Young People of Low Enforcement Priorities (similar to the never-enacted DREAM Act)

The U.S. Department of Homeland Security (DHS) announced today (June 15, 2012) , effective immediately, certain young people who were already brought to the United States as young children may be considered for deferred action (temporary discretionary relief from facing removal/deportation) for two years, upon meeting stipulated criteria through verifiable documentation. Once granted deferred actions, applicants may apply for employment authorization documents and renewal of deferred actions. The criteria for being considered for deferred actions are:

1.Came to the United States under the age of sixteen; 2.Have continuously resided in the United States for a least 5 years preceding the date of this memorandum and are present in the United States on the date of this memorandum; 3.Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States; 4.Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; AND

5.Are not above the age of thirty.

Deferred actions are adjudicated on a case-by-case basis. Deferred actions do not confer immigration status or right to citizenship, but such individuals may apply for employment authorization document. These deferred actions are where immigration exercises prosecutorial discretion of deferring prosecution of removal/deportation of these individuals.

The U.S. Citizenship and Immigration Services (USCIS) and U.S. Immigration & Customs Enforcement (ICE) are expected to begin implementation of the application processes within 60 days.

June 15, 2012: By Aik Wan Kok Fillali, Attorney 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 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 legal or any advice, or attorney-client relationship.

Monday, May 14, 2012

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.

Friday, February 11, 2011

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.

Friday, July 23, 2010

ICE: Prison Terms for Employers/Conspirators for Harboring, Transporting and Employing Illegal Aliens

5 residents pled guilty, on July 16, 2010, to knowingly harboring, transporting and employing illegal aliens, as a result of an investigation by U.S. Immigration and Customs Enforcement (ICE), Homeland Security Investigations (HSI) agents (such as special agents).

ICE’s, an investigation agency of the U.S. Department of Homeland Security (DHS), functions are to protect national security, public safety and the integrity of the U.S. borders by enforcing criminal and civil federal laws governing border control, customs, trade and immigration.

The defendants transported and paid cash to these illegal foreign nationals for employment at various work sites, and used various properties to harbor and conceal them, to gain competitive economic advantage over their competition in the chicken industry. The defendants were sentenced to at least 12 to 30 months in prison, with supervised release thereafter, and forfeiture of properties totaling over $1.87 million.

It is important to be proactive in legal compliance:
1. Employers or their personnel should comply with various laws such as immigration, employment and tax law when hiring personnel in the U.S.
2. Before immigration crisis such as investigations, arrests, detention or removal/deportation, families living with or having relatives without legal immigration status in the U.S. should seek professional legal immigration help to legalize their immigration status within legal and ethical boundaries.

For further information, please visit ICE News Release at http://www.ice.gov/pi/nr/1007/100720fortsmith.htm .

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 companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

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.

Tuesday, July 13, 2010

TPS for El Salvadorians Until March 9, 2012

On July 12, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced that the U.S. Department of Homeland Security (DHS) will extend the temporary protection status (TPS) for another 18 months for eligible El Salvador nationals, from the current expiration date of September 9, 2010 to the new expiration date of March 9, 2012.

To qualify, eligible applicants must submit their TPS applications to the USCIS between July 9, 2010 and September 7, 2010. The applicants must apply within this time frame to avoid immigration complications. Applications outside this time frame may be possible depending on the circumstances of each case.

For existing TPS beneficiaries seeking re-registration of their TPS, the USCIS will automatically extend existing employment authorization documents (EAD) held by TPS beneficiaries for 6 months, until March 9, 2011 but they must still apply for their re-registration of TPS between July 9, 2010 and September 7, 2010. For those seeking to extend their EAD, they must also submit their applications to extend their EAD.
For eligibility, the applicants must meet the following criteria including, but are not limited to:

1. Applicants must be a national of, or for those without a nationality, last habitually resided in El Salvador;
2. Applicants must have been continuously resided in the United States since February 13, 2001; and
3. Applicants must have been continuously present, physically, in the United States, since March 9, 2001.

Late applicants or late registrants may apply for this TPS benefits if they could demonstrate that in 2001, the applicants were in valid nonimmigrant status or had other form of immigration relief(s) such as:
1. Voluntary departure;
2. Relief from removal;
3. Parolee or pending re-parole application;
4. Being a spouse or child of a foreign national currently eligibly to be a TPS registrant; OR
5. Have pending application for one of the following:
(a) Adjustment of status
(b) Change of status
(c) Asylum
(d) Voluntary departure
(e) Removal, including those under review or appeal

Qualify TPS beneficiaries may apply for green card, other nonimmigrant or visa status, based on other non-TPS immigration sponsorships/applications. Some may require separate waiver applications when applying for immigration benefits. For those who have advance parole documents to travel internationally, they must have their immigration thoroughly reviewed before they embark on any international travels. All TPS beneficiaries/applicants should have their immigration history status thoroughly reviewed as they may need separate waiver applications.

For further information on I-601 waiver applications/cases, please also read our articles on “Permanent or long-term residency in the U.S. does not mean “permanent”, even for those with U.S. citizen spouse/child(ren), I-131 advance parole/re-entry permit, and/or green card!" at http://tiyalaw.blogspot.com/2010/04/permanent-or-long-term-residency-in-us.html and “I-601 Waivers: Improvement in Standards for Extreme Hardships, Concurrent Filings With I-130 Alien Relative Immigrant Petition, Adjudication, Processing Time Are Coming Soon!” at
http://www.immigrationresource.net/united-states-of-america/us-visas/i-601-waivers-improvement-in-standards-for-extreme-hardships-concurrent-filings-with-i-130-alien-relative-immigrant-petition-adjudication-processing-time-are-coming-soon/ or http://tiyalaw.blogspot.com/2010/06/improvements-in-adjudication-standards.html

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 companies, and individuals and their families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

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.

Monday, April 19, 2010

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.

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.

Friday, February 12, 2010

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

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

Tuesday, January 19, 2010

Temporary Protection Status (TPS) for Haiti Starting on January 21, 2010!

The U.S. Department of Homeland Security (DHS) will be publishing the Federal Register notice announcing the designation of Haiti for temporary protected status (TPS) on 1/21/2010, allowing eligible individuals from Haiti to apply for TPS starting 01/21/2010.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

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

News Headlines: Haitians who are in the U.S. illegally will likely be able to apply as early as Thursday to temporarily stay in the United States.

Temporary Protection Status (TPS) applications can be filed as soon as official notice is published in the Federal Register, likely Thursday. See http://www.chicagotribune.com/news/politics/sns-ap-us-haiti-earthquake-immigration,0,1855138.story

Monday, January 18, 2010

United States Immigration Relief Measures for Individuals from Haiti

On January 18, 2010, the U.S. Department of Homeland Security's (DHS) U.S. Citizenship and Immigration Services (USCIS) issued DHS' immigration relief measures for individuals from Haiti. DHS will continue to monitor the situations in Haiti to determine if additional actions will be required. As of January 18, 2010, the available immigration relief measures include, but are not limited to, the following:

1. Favorable adjudication of applications for extension or change of status. Individuals who previously held valid nonimmigrant status may also apply.
2. Automatic extension of advance paroles until March 12, 2010 for individuals already in Haiti whose parole documents expire on or after January 12, 2010.
3. Individuals already paroled into the U.S. may apply to extend their parole documents.
4. Stay of removal applies on case-by-case basis.
5. Expedited processing of certain pending and/new immigration applications or petitions.
6. Individuals from Haiti who are currently in the U.S. in F-1 student status who may no longer afford their school fees may be able to apply for Employment Authorization.
7. Certain individuals from Haiti currently in the U.S. may apply for employment authorization.
8. Temporary protection status (TPS) applies to eligible individuals from Haiti.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767; 703-772-8224

www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

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

Friday, January 15, 2010

Temporary Protection Status (Temporary Immigration Status) for Haiti

In response to the January 12, 2010 earthquake tragedy in Haiti, the U.S. Department of Homeland Security (DHS) Secretary, Janet Napolitano, announced on January 15, 2010 that the United States will be granting Temporary Protection Status (TPS) to Haiti for 18 months. TPS is a temporary immigration status (for 18 months, in this case) to qualified foreign nationals for a designated country.

To be eligible for this TPS, the applicant must meet criteria such as:
1. The applicant must either be a national of Haiti, or does not have any nationality but whose last habitual residence was Haiti.
2. The applicant must have been continuously present in the United States (U.S.) since January 12, 2010 and the date when TPS can be submitted to the immigration.

People who are not eligible to apply for this TPS include:
1. Those arriving in the U.S. after January 12, 2010.
2. Those convicted of a felony, or two or more misdemeanors.
3. Those subject to several other criminal and security-related bars to asylum, including participating in the persecution of another individual or engaging in or inciting terrorist activity.

These TPS applications can only be submitted to the government in the time frame below:
1. When the federal government publishes the TPS eligibility in the Federal Register. A Federal Register is an official journal of the federal government of the United States.
2. Once published in the Federal Register, the TPS application must be submitted to the government within 180 days.

For those with existing or future immigration applications, not related to the TPS:
1. A TPS application does not affect an existing or other immigration case which was previously submitted to the immigration.
2. Similarly, a TPS applicant who has already applied for TPS but who has another form of immigration relief such as marriage- or employment-based sponsorship may continue to apply for the non-TPS immigration benefit, if eligible.

By virtue of a TPS application, an applicant will also be eligible to apply for employment authorization to work in the U.S. A TPS applicant will also be eligible to apply for advance parole, a type of travel document for international travel. However, a foreign national planning to travel internationally even with an advance parole should consult an experienced immigration attorney prior to an international travel because an advance parole document does not serve as a guarantee for re-entry into the U.S. Advance parole is merely a document for the traveler to apply for permission to re-enter the U.S., and certain foreign nationals may not be allowed re-entry into the U.S. after their international travels.

The standard documents required to apply for TPS will include proof of nationality, or for those without any nationality, last habitual residence for Haiti; and continuous presence in the U.S. since January 12, 2010. Secondary evidence may be used, where applicable. The final procedures for filing TPS applications will be announced in the Federal Register.

Separate government application filing fees will apply for a TPS application, employment authorization document and advance parole. Under certain circumstances, the filing fee(s) may be waived.

Most non-United States (U.S.) citizens (even green card holders) who are in the U.S. are required by law to notify DHS of any change of address within 10 days after moving to a new address, by filing a Form AR-11, Change of Address. The form AR-11 may be filed electronically on DHS' website at https://egov.uscis.gov/crisgwi/go?action=coa . Failure to comply with the U.S. change of requirement is a misdemeanor crime, punishable by fine (up to $200) and/or imprisonment (up to 30 days), and may also subject the non-U.S. citizen to deportation.

An immigration news article by Aik Wan Kok of Tiya PLC.
www.tiyaimmigration.com ; www.tiyalaw.blogspot.com ; www.immigrationresource.net

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

Monday, December 21, 2009

2010 H-1B Visa Quota Has Been Reached!

On December 21, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient new H-1B specialty occupation worker petitions to reach the statutory cap for the fiscal year 2010 (FY2010). USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

Thursday, September 10, 2009

Tired of Waiting for Your Pending Green Card Cases? Consider Other Employment-Based Green Card Options!

Immigrating to the U.S. via sponsorships through employment or certain skill sets are effective ways to legally and permanently live and work in the U.S., or gain legal permanent residency status in the U.S.

The employment-based green card cases in the U.S. fall under several preference categories. Some of the categories include, but are not limited to, green card employment-based preference 1 category (“EB-1”), employment-based preference 2 category (“EB-2”), and employment-based preference 3 category (“EB-3”). Choosing the most effective employment-based green card preference category is important to the foreign nationals for many reasons. For foreign nationals who have any green card cases (whether or not based on employment) that have been pending for too long, right now will be a good time to review various employment-based green card options. The differences in the various EB categories include, but are not limited to:

1. Many employment-based green card cases require sponsorships by employers. Other employment-based green card cases do not require the sponsorships of any specific employers, and can be self-petitions or self-sponsorships by the foreign national themselves.


a) For example, an EB-3 green card case requires the sponsorship by an employer.

b) On the other hand, an EB-2 national interest waiver green card case that is based on the foreign national’s contribution to the industry does not require the sponsorship by an employer.

c) An EB-1 extraordinary ability green card case does not require the sponsorship by an employer.

2. The waiting time for green card cases for the various employment-based preference categories or cases can vary widely, ranging from several weeks or several months, to almost 9 years, because their wait time are tied to the employment-based preference category and the foreign national beneficiary’s country of birth (not nationality).

a) For example, the waiting time to receive a green card based on an EB-1 case is tremendously shorter (several months or weeks) than an EB-3 case (7 to 9 years) because immigrant visa numbers are more readily available for an EB-1 than an EB-3 case.

b) For example, under an EB-2 case based on PERM, it takes much longer for a foreign national who was born in India or China to receive his/her green card (4 to 5 years) than a foreign national who was born in other countries (2 to 3 years).

c) However, if a foreign national who was born in India or China is eligible and is applying for an EB-1 green card case, the wait time will be tremendously shorten.

d) For more information on the immigrant visa number availability (especially for October 2009), please visit the immigrant visa bulletin at the website of the U.S. Department of States at

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

3. Moreover, the green card processing time at the various government agencies changes from time to time, depending on diverse factors such as their immigration case load, number of green card applicants in a given period, new law and/or policies.

a) The processing time for the various employment-based green card categories can retrogress (take much longer than the government’s previously estimated processing time).

b) For example, the processing time for many EB-3 green card cases retrogressed from a processing time of about 8.5 years in April 2009, to a sudden halt (no processing) for the month of May 2009 when immigrant visa numbers became unavailable for May 2009 because the U.S. Citizenship and Immigration Services (“USCIS”) cannot adjudicate green card adjustment of status cases without the available immigrant visa numbers.

e) For more information on the immigrant visa number availability (especially for April and May 2009), please visit the immigrant visa bulletin at the website of U.S. Department of States at

http://travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

4. Some foreign nationals are deterred and discouraged by the dampening economy from, or their dim view in securing U.S. employment, and/or immigration or green card sponsorships.

a) For foreign nationals who do not have or wish to secure immigration sponsorships by U.S. employers, being able to apply for employment-based green card by themselves without any specific employers (i.e. self petitions or self sponsorships) can make a huge difference in their lives.

For example, the differences of either falling into illegal immigration status in the U.S.; not coming or immigrating to the U.S. or having to leave the U.S. (most often, after years of being in the U.S. with established social circles and families here); or the privileges and opportunities to work and live anywhere in the U.S. with U.S. permanent residency status, and eventually, the opportunity to apply for U.S. citizenships.

In summary, choosing the most effective category of green card cases means the difference of waiting almost a decade for your green card, to several months or weeks. Having a green card much sooner also means having the opportunities to choose to live and work anywhere in the U.S., and eventually, to apply to be U.S. citizens.

All Rights Reserved.


For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com (coming soon: www.tiyaimmigration.com).


Ms. Kok at Tiya PLC represents companies, foreign national employees, families, and individuals, and those who wish to live and work in the U.S. in wide-ranging immigration law matters in applying for green card, work visa and U.S. citizenship. We have experience in cases such as EB-1, EB-2, EB-3, extraordinary ability, outstanding researcher or professor, national interest waiver, J waiver, extreme hardship waiver, I-601 waiver, I-212 waiver, H-1B specialty occupation worker, H-3 trainee, L-1A intracompany executive or manager, L-1B specialized knowledge professional, E-2 treaty investor, E-2 employees, PERM permanent labor certification, J trainee, J intern, I-140 Immigrant Petition, I-485 Adjustment of Status Application. We represent immigration cases before the U.S. government agencies such as the U.S. Consulates abroad, U.S. Citizenship and Immigration Services and U.S. Department of States.


With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.


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

Friday, August 21, 2009

Comprehensive Immigration Reform - Pathway to U.S. Immigration Status and Citizenship!

In conferences and radio interview held in August 2009, President Obama has reaffirmed his position in pursuing legislative action on comprehensive immigration reform, in 2010, of the currently broken U.S. immigration systems, after attending to more critical issues such as U.S. healthcare and financial reform.

Comprehensive immigration reform is a highly advocated proposal by the U.S. government to create immigration systems to provide immigration status and citizenship to millions of undocumented foreign nationals who are currently in the U.S., as well as providing opportunities for other foreign nationals to work and live in the U.S. under efficient and regulated processes.

Foreign nationals are vital to the U.S. economy, especially during this international economic crisis. Foreign nationals often bring with them diverse skill sets to fill the labor shortages for work which could not be completely filled by U.S. citizens. In addition, the diverse cultures and backgrounds of foreign nationals generate new and increased demands and services in the U.S., which in turn, will positively stimulate the economy and create additional jobs. The U.S. has been a country which has historically thrived on the contributions of immigrants and U.S. natives, and will continue to be so.

As a former immigrant and an immigration attorney, I have experienced the U.S. immigration systems on both personal and professional levels. After years of good faith efforts by the U.S. government to implement piecemeal immigration law (which often do not work in harmony with the other immigration law) to address immigration issues, the execution of the U.S. immigration law has become cumbersome and extremely difficult. A comprehensive immigration reform in the U.S. is crucial to a well-regulated society, workforce and economy.

It is not possible to halt illegal immigration into the U.S. The only way to implement fully functioning immigration systems for a well-regulated nation in the U.S. would be to allow legal entries of foreign nationals in orderly, systematic and regulated manners under harmonious comprehensive immigration systems.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or http://www.tiyalaw.com/. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.


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

Wednesday, August 19, 2009

H-1B Visa Numbers Are Still Available for Foreign Nationals Who Want to Acquire Immigration Status to Work and Live in the U.S.!

Based on the calculation conducted by the U.S. Citizenship and Immigration Services (USCIS) on August 14, 2009, visa numbers are still available for filing new H-1B Petitions. H-1B status provides immigration and work status for foreign nationals to work and live, temporarily, in the U.S.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or http://www.tiyalaw.com/. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

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

Friday, June 5, 2009

A Smooth Sail for Employers? Immigration Worksite Enforcement

As Congress continues to appropriate more money to the U.S. Immigration and Customs Enforcement (ICE), employers in the U.S. will see an increase in immigration worksite enforcement in all industries, and industries involving critical infrastructure, according to officials of ICE who presided in a conference on May 28, 2009, held in affiliation with the immigration bar association.

Immigration worksite enforcement (worksite enforcement) is a process whereby the U.S. federal government, through ICE, enforces the law against the employers in the U.S. in the hope of effectively, including but not limiting to, reducing the demand for illegal employment, and protecting the employment opportunities in the U.S. for the U.S. lawful workforce. All employees must be authorized to work in the U.S., either automatically (U.S. citizen or lawful permanent resident) or by the U.S. Citizenship and Immigration Services (USCIS).
Among other things, ICE agents are encouraged to conduct more investigation on employers’ compliance with the employment verification system on Form I-9. ICE’s new policy is to increase the number of fines levied on sanctioned employers, and to adopt more uniformity in the level of fines across the U.S. In addition to fines, ICE may also debar certain companies, found in violation of worksite enforcement, from accepting contracts from the U.S. federal government.

Much of the worksite enforcement policy was developed only two or three years ago and they continue to evolve rapidly because it was only in 2005 that the U.S. government started to increase its focus on worksite enforcement. ICE continues to provide training to their ICE agents on worksite enforcement policy to increase their agents’ expertise in executing the law on worksite enforcement.

Due to the continuous evolution of worksite enforcement policy, upon worksite enforcement from ICE agents, the employers, when appropriate, should not be afraid to respectfully challenge the ICE agents’ interpretation of the worksite enforcement law.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at
koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

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

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