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.

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.

Visas to the United States, and Obama Administration Continuing its Efforts to Increase Travel and Tourism in the United States

Visas to the United States, and Obama Administration Continuing its Efforts to Increase Travel and Tourism in the United States

President Obama and the White House have taken important initiatives to make the United States of America as the top tourist destination in the world as a way to create jobs and strengthen the U.S. economy, given that the U.S. travel and tourism industry is a substantial component of U.S. GDP, exports, and employment. On January 19th, 2012, President Obama signed an Executive Order and announced new administrative initiatives to significantly increase travel and tourism in and to USA.

Travel and tourism in and to USA promotion efforts have already begun in Canada, Japan, and the United Kingdom, and are planned for South Korea and Brazil later this year.

As an effort to promote and facilitate traveling to USA, considerations are underway to improve various immigration options such as:

1.The Visa Waiver Program (VWP): strengthening and expanding VWP eligibility to nations with low visa refusal rates and rapidly growing economies, as consistent with national security requirements.

2.Shortening Visa Interview Wait Times: Internationally, wait times for visa interviews are generally short, and have dropped dramatically even for travel markets where demand for visas is highest. For example, the wait time for an appointment at U.S. consulates in China; and Brazilian cities of Brasilia, Recife, and Rio de Janeiro, is currently less than a week; and 30 days or less for São Paulo, Brazil. The U.S. Department of State is adding staff and streamlining its operations to continue keeping a low wait time for visa interview.

3.Streamlining the Visa Process: In an effort to streamline visa processing to free up more interview slots for first-time applicants and allow consular officers to more effectively spend their time evaluating higher-risk visa applicants, a new pilot program is now underway at the U.S. Department of State for Consular offices. In this pilot program, Consular officers may waive in-person interviews for certain low-risk, qualified individuals, such as those renewing their visas within 48 months of the expiration of their previous visas, and Brazilian applicants below the age of 16 and age 66 and older. Waiver of in-person interview is at the consular officers’ discretion, and consular officers retain the authority to interview any applicant in any category if security or other concerns are present.

4.Increasing Consular Staffing and Implementing Innovative Hiring Programs: In its efforts to offer visa services in a timely manner and with low wait time, the U.S. Department of State is doubling the number of diplomats performing consular work in China and Brazil over the next year; and the first group of newly hired consular adjudicators, who already speak Portuguese or Mandarin, have already recently arrived at U.S. consulates in Brazil and China.

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

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

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

All Rights Reserved.

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

Provisional Extreme Hardship Waiver is Not Yet in Effect

Provisional Extreme Hardship Waiver is Not Yet in Effect

Not too long ago, the U.S. Citizenship and Immigration Services (USCIS) has made a proposed change to allow certain immediate relatives (spouse, parent and/or children of a US citizen) who can demonstrate the required extreme hardships to apply for a provisional extreme hardship waiver for unlawful presence prior to departing the United States of America (US). The provisional extreme hardship waiver for unlawful presence, if eventually implemented, will reduce separation of many families.

Extreme Hardship Waivers

Foreign nationals or non-U.S. citizens (including green card holders) with certain histories may need waivers (such as I-601 and/or other waivers) OR other filings to be allowed to enter, remain or return to the U.S. These certain histories include, but are not limited to: (a) commission of certain crime, or possible commission of misrepresentation/fraud to obtain or attempt to obtain immigration benefits in or to the U.S.; (b) certain medical conditions; (c) certain period(s) of illegal presence in the U.S.; (d) abandonment (intentional/unintentional) of green card; and/or (e) certain removal/deportation experience within the U.S. immigration law.

At present, the wait-time for an I-601 extreme hardship waiver varies widely. As a result, family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

Proposed Provisional Waiver Procedures Are Not Effective Yet

The provisional extreme hardship waiver for unlawful presence procedures are not yet in effect until the USCIS publishes a final rule in the Federal Register specifying the effective date, which may be the end of this year. Prior to it becoming effective, any applications to the USCIS for provisional waivers for unlawful presence will be rejected.

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

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

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

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

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

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

What is H-1B?

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

H-1B Annual Work Visa Cap

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

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

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

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

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

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

Duration of H-1B

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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