USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015 H-1B Annual Work Visa Cap On April 1, 2015, the U.S. Citizenship and Immigration Services (USCIS) will begin 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. In April 2014, the USCIS received many more petitions than the visa quota. As such, the USCIS selected cases based on random selection process (lottery). On April 7, 2014, USCIS had received 172,500 H-1B Cap Petitions. The USCIS finished its computer-generated random selection process (lottery) on April 10, 2014. Those under U.S. advanced degree not selected within the 20,000 visa numbers was processed under random selection for the 65,000 limit. 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), and then U.S. citizenship. 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 2016 H-1B visa quota (October 1 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, 2016 (October 1, 2016 employment start-date or later) for the Fiscal Year 2017 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. 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 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 Need help with green card, work visas, work permit, illegal status, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. For examples including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts. All Rights Reserved All Rights Reserved.

Illegally in the U.S.? Need U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

Illegally in the U.S.? Need U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

The President announced important executive actions on November 20, 2014.

Undocumented parents (parents without immigration status or who are illegally present in the U.S.) of U.S. citizens and green card holders may request deferred action and apply for a 3-year work permit (employment authorization document/EAD) under the Deferred Action for Parental Accountability Program (DAPA). On November 20, 2014, they must be parents of U.S. citizens or lawful permanent residents/green card holders born on or before November 20, 2014. Among other things, such parents must also have been continuously living in the U.S. since January 1, 2010; and must have passed the required background checks. Eligible applicants should be able to apply for DAPA around May 19, 2015.

Additionally, the executive actions are expanding the categories of undocumented individuals (people who are illegally in the U.S.) who may apply for provisional waivers. Provisional waiver is a process for an eligible applicant to apply for approval of waiver of certain time bar prior to leaving the U.S.b> for immigrant-visa or green card consular processing. The waiver is for time bar that would have been triggered by departing the U.S. after having been illegally present for a certain period in the U.S. (unlawful presence). The expanded provisional waiver is including those who have lived in the U.S. for at least 180 days; and who are spouses, or sons and daughters of green card holders, or sons and daughters of U.S. citizens.

The executive actions are also expanding DACA eligibility. DACA is Deferred Action for Childhood Arrivals. DACA applies to certain individuals who has no immigration status , and who arrived in the U.S. as a child to apply for deferred action so that they are not deported, and to apply for work permit. The executive actions are expanding work authorization to 3 years from 2 years; the age requirement to include those born prior to June 15, 1981; the continuing residence to include those living in the U.S. since January 1, 2010 instead of June 15, 2007. All other DACA prior requirements must be met. Eligible applicants should be able to apply for this expanded DACA around February 18, 2015. The U.S. Citizenship and Immigration Services (USCIS) is already approving work permit/work authorization for 3 years for certain applications for DACA extensions.

These recent executive actions are not yet effective. Individuals cannot yet apply for these DAPA deferred actions or expanded DACA deferred actions until the anticipated dates above. The government will provide guidelines in the coming months. The guidelines may provide additional criteria and further outlining eligibility. Please stay tune and sign up for our eNews for future updates.

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 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

Need help with green card, work visas, work permit, illegal status, sponsoring family, sponsoring employees, sponsoring relatives, hardship waivers, marriage waiver, and cases with USCIS, Department of Labor or immigration?

We represent employers, companies, individuals and families in U.S. Immigration & Nationality Law. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waiver and other immigration matters. For examples including, but are not limiting, extraordinary ability; national interest waiver; PERM with Department of Labor; I-130 for sponsoring relatives and families (child, spouse, brother, sister, stepchild); I-140 for employment; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver for spouse, parent, son and/or daughter of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; B-1 business visitor to the U.S.; B-2 tourist visiting the U.S.; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Centers; filing cases with the USCIS; filing cases with the U.S. Department of Labor; PERM audit; RFE Request for Evidence by USCIS; NOID Notice of Intention to Deny from USCIS; and Immigration Courts.

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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.

USCIS Begins Accepting Fiscal Year 2015 H-1B Visa Cap Cases

USCIS Begins Accepting Fiscal Year 2015 H-1B Visa Cap Cases H-1B Annual Work Visa Cap On April 1, 2014, the U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2015 fiscal year (FY), and the 20, 000 H-1B for those under the U.S. advanced degree. USCIS is expected to receive more than sufficient petitions for the visa quotas/cap by April 7, 2014. After certain date, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Petitions, for FY 2015. USCIS is prepared to conduct computer-generated random selection process (lottery) to select a sufficient number of petitions needed to meet the caps of 65,000 for the H-1B cap category and 20,000 under the advanced degree exemption limit. Non-duplicate petitions not selected will be returned with filing fees. Normally, random selection is conducted first for advanced degree H-1B petitions When USCIS receives more than 20,000 U.S. advanced degree H-1B Petitions, those under the U.S. advanced degree, and those not selected would be processed under 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. March 31, 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.

Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews

Washington, DC USCIS in Fairfax, Virginia: Saturday I-485 and I-751 Interviews

In the summer months of 2012, U.S. Citizenship and Immigration Services (USCIS) Washington District Office in Fairfax, Virginia, had started scheduling naturalization interviews on Saturdays. It has now also stared to schedule Adjustment of Status for the coming months. Even I-751 interviews may also take be scheduled for interviews on Saturdays.

July 26, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com . Direct dial from overseas: 001-703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://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 green card cases such as extraordinary ability, national interest waiver and PERM.

All Rights Reserved.

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

USCIS Immigration Policy Changes for P-1 Entertainer of Internationally Recognized Entertainment Group

USCIS Immigration Policy Changes for P-1 Entertainer of Internationally Recognized Entertainment Group

U.S. Citizenship and Immigration Services (USCIS) has issued new immigration policy changes for P-1 work visa/petition for: (a) P-1A: internationally recognized athlete, or a member of an internationally recognized athletic team; or (b) P-1B: entertainer of an internationally recognized entertainment group.

USCIS immigration policy changes for P-1B entertainer work visa/petition classification states that P-1B work visa/petition should include individual entertainers coming to the United States to join U.S.-based internationally recognized entertainment groups, and should not be limited to individual entertainers coming to the United States to join only foreign-based entertainment groups.

The relevant regulation at 8 CFR 214.2(p)(3) focuses on whether the group is “internationally recognized”: “having a high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”

Individuals with P visas/status may consider green card/permanent residence sponsorships such as by employer, family and/or self, and eventually U.S. citizenship. Individuals who do not readily qualify for P-1 visas/status may consider other work visas and/or green card options.

July 14, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

http://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://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 green card cases such as extraordinary ability, national interest waiver and PERM.

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.