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

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

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

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status. Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window are undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

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

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

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

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

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

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

All Rights Reserved.

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

Civil or political chaos or natural disaster in your home country? Temporary immigration relief in the U.S. may be available for eligible applicants.

Civil or political chaos or natural disaster in your home country? Temporary immigration relief in the U.S. may be available for eligible applicants.

On April 13, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced temporary immigration relief measures for foreign nationals affected by their home country conditions, such as civil unrest or a severe environmental disaster. For examples, home country conditions of the foreign national may impede his/her ability to return home as originally planned, or may create temporary financial difficulties for the foreign nationals and his/her families; extreme situations beyond your control also may affect your ability to maintain lawful immigration status while in the United States.

The available temporary immigration relief measures you may apply include:

1. A change or extension of nonimmigrant status for an individual currently in the United States;
2. Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
3. Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and relatives of lawful permanent residents whose priority dates are current;
4. Expedited employment authorization, where appropriate;
5. Visitors traveling under the Visa Waiver Program may contact a USCIS local office for assistance at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=LO ; and
6. Where applicable, humanitarian parole may be available.

Currently, the regions or countries that are affected by civil unrest or natural disaster include, but are limited to, the Middle East region, Tunisia, Egypt, Algeria, Bahrain, Syria, Libya, and Japan.

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

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

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

H-1B Cap Work Visa Filing Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

H-1B Cap Work Visa Filing Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!

On April 1, 2011, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.

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

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

As of April 8, 2011, USCIS has received approximately 5,900 H-1B petitions counting toward the 65,000 cap, and approximately 4,500 petitions counting toward the 20,000 cap exemption for individuals with advanced degrees.

These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window are undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

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

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

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

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

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

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

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.

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

Updated I-9 Employment Eligibility Verification Procedures

Updated I-9 Employment Eligibility Verification Procedures

On April 14, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has updated some of the procedures pertaining to Employment Eligibility Verification (Form I-9) process. The new changes become effective on May 16, 2011.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States.

The updated procedures include, but are not limited to matters such as: revising the list of acceptable documents by removing outdated documents and making technical amendments; prohibiting employers from accepting expired documents; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The USCIS indicates that employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). Employers may also access The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) which was updated on Jan. 5, 2011, at www.uscis.gov/files/form/m-274.pdf

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

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

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

More Temporary U.S. Immigration Relief Measures for Those Stranded Due to Earthquakes and Tsunami in Japan

More Temporary U.S. Immigration Relief Measures for Those Stranded Due to Earthquakes and Tsunami in Japan

Tragedies are escalating in Japan as a result of its recent earthquakes and tsunami. With many U.S. citizens or residents having loved ones in Japan, and Japanese nationals already in the United States, the U.S. Citizenship and Immigration Services (USCIS) has issued a news release on March 17, 2011 outlining additional temporary immigration benefits that are available upon request.

For eligible Japanese nationals or U.S. residents stranded in Japan:
• Expedited processing of advance parole requests;
• Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and lawful permanent residents (LPRs); and
• Assistance to lawful permanent residents (LPRs) stranded overseas without immigration documents such as green cards. If there are no overseas USCIS offices accessible by LPRs, the USCIS and the Department of State (DOS) will coordinate their immigration matters.
For eligible Japanese nationals already in the United States:
• The grant of an application for change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
• Re-parole of individuals granted parole by USCIS;
• Extension of certain grants of advance parole;
• Expedited adjudication and approval, where possible, of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship; and
• Expedited employment authorization where appropriate.

For representation to bring eligible Japanese nationals to or extend status of these individuals in, the United States, please contact us at 703-772-8224 and koka@tiyalaw.com .

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

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

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

General Instructions: How to Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

General Instructions: How to Avoid Diversity Visa (DV) or Green Card Lottery Fraud or Scams

Recently, the Department of State (DOS), Office of Visa Services, issues another fraud warning advising the public of a substantial increase in fraudulent emails and letters sent to Diversity Immigrant Visa (DV) program (Visa Lottery)(also known as “green card lottery”) applicants. Posing as the U.S. government, these fraudulent letters and e-mails request DV applicants for payment of fees. In addition, the scammers will also claim that, for a fee, they can increase a person’s chances of winning the green card lottery; or that people from ineligible countries can still “qualify” to enter the lottery.

Green Card lottery is one of the U.S. green card programs to allow the lottery winners to apply for immigrant visas to live and work in the U.S. as green card holders. Each year, the State Department conducts a lottery through its DV program to distribute applications for 50,000 immigrant visas. PLEASE NOTE, winners are selected randomly, and there is no fee to enter the lottery.

The DOS reminds the public that DV-2012 applicants will not receive any letter of notification from the U.S. government. DV-2012 applicant must check their status online, and that DV Entry Status Check will only be provided through the DOS secure online site, at http://www.dvlottery.state.gov/

DOS has issued Frequently Asked Questions to educate green card lottery applicants or potential applicants from becoming victims of green card lottery fraud. For more information, please visit http://travel.state.gov/visa/immigrants/types/types_1749.html . Some examples of the DOS’ advice include:

A. How do I know if a website or email is from the U.S. government?

When surfing the internet on the U.S. government, the DOS advises the public that:

Internet sites ending in the “.gov” top-level domain suffix are official government websites. Official U.S. government email addresses also end in “.gov,” and any visa-related correspondence coming from an address that does not end with “.gov” should be considered suspect.
To link directly to the more than 200 U.S. Embassy and Consulate websites, visit www.usembassy.gov. Visa information on official U.S. government websites ending in “.gov” is official and correct.
The main U.S. government websites containing official visa and immigration information, including free information and forms, are:

U.S. Embassy and Consulate websites: http://www.usembassy.gov/
Department of State, Consular Affairs travel website: http://travel.state.gov
Department of State, Diversity Visa Lottery website: http://www.dvlottery.state.gov
Department of Homeland Security (DHS): http://www.dhs.gov
DHS, U.S. Citizenship and Immigration Services: http://www.uscis.gov
DHS, U.S. Customs and Border Protection: http://www.cbp.gov
DHS, Immigration and Customs Enforcement: http://www.ice.gov
Department of Labor: http://www.doleta.gov

B. Is immigration information on other websites official?

Even though some non-governmental websites provide legitimate and useful immigration- and visa-related information and services, these information may not be correct or up-to-date. The public should, therefore, always verify the information with an official U.S. government source. Visa applicants are advised to be cautious in all dealings with companies that claim to offer any assistance in obtaining U.S. visas.

Regardless of the content of other websites, the Department of State does not endorse, recommend, or sponsor any information or material shown on non-governmental websites (e.g., addresses ending with “.com,” “.org” or “.net”).

C. How do I recognize fraudulent websites and emails posing as U.S. government?

Some websites and emails try to mislead customers and members of the public into thinking they are official U.S. government websites.

These fraudulent or misleading e-mails or websites ARE NOT from the U.S. government because they do not have the “.gov” suffix on their addresses.

D. What is the purpose of these fraudulent websites and emails?

The purpose of these green card lottery fraudulent websites and emails are to defraud money from the public. For examples:

Some of these fraudulent websites or e-mails may require payment for immigration and visa services. If payment is made to a non-governmental source, this payment is not received by the U.S. government and does not apply toward visa processing. Sometimes these costs are for information or forms that are otherwise available for free on official U.S. government websites.

The imposter websites and emails cannot provide the services they advertise and for which they require payment. For example, many fraudulent emails promise U.S. visas or “green cards” in return for a large fee. Please note, only the U.S. government has the authority to approve U.S. visas and green cards. These non-governmental, unofficial organizations are not able to provide these services.
The fraudulent websites or e-mails may request personal information which could result in identity fraud or theft.
E. Where do I get official information on the Diversity Visa program and how do I check my status?

The only official information on green card lottery program is from the U.S. government websites ending in “.gov,” such as http://travel.state.gov or http://www.dvlottery.state.gov. The only official way to apply for the green card lottery is directly through the official U.S. Department of State website during the specified and limited registration period.

DV program entrants must check their status of their DV lottery entry online at http://www.dvlottery.state.gov:

DV 2011: Entrants who completed online DV-2011 entries between October 2, 2009, and November 30, 2009, and who were selected in the random drawing were notified by the Department of State, Kentucky Consular Center, by letter. Entrants can also check the status of their entries at http://www.dvlottery.state.gov from July 1, 2010, until June 30, 2011, using the information from their DV-2011 confirmation page saved at the time of DV entry. For successful DV 2011 entrants, the diversity immigrant visa application process must be completed and visas issued by September 30, 2011.

DV 2012: Entrants who completed online DV-2012 entries will not receive notification letters from the Kentucky Consular Center, and must check the status of their entries at http://www.dvlottery.state.gov between May 1, 2011, and June 30, 2012.

Notice: The U.S. Department of State’s Kentucky Consular Center DOES NOT E-MAIL NOTIFICATIONS to green card lottery entrants informing them of their winning entries. No other organization or private company is authorized to notify DV applicants of their winning entries, or the next steps in the process. Imposters frequently contact DV applicants asking for money or personal information through websites, emails, and letters. Entrants should only refer to the online status check at http://www.dvlottery.state.gov or instructions on http://travel.state.gov for official information about the DV process. For more information about the Diversity Visas review the Department of State, Diversity Visa Program webpage.

To learn more about DV or green card lottery scams, please see the Federal Trade Commission Warning at http://www.ftc.gov/bcp/edu/pubs/consumer/alerts/alt003.shtm .

F. Where can I find information on international financial scams?

For additional information on international scams involving internet dating, inheritance, work permits, overpayment, and money-laundering, please visit the International Financial Scams page at http://travel.state.gov/travel/cis_pa_tw/financial_scams/financial_scams_3155.html

G. How do I report internet fraud or unsolicited email?

If a person wishes to file a complaint about internet fraud, please visit http://econsumer.gov/ . econsumer.gov is a joint effort of consumer protection agencies from 17 nations, hosted by the Federal Trade Commission.

In addition, a person can also visit the Federal Bureau of Investigation (FBI) Internet Crime Complaint Center (IC3) website at http://www.ic3.gov/default.aspx.

If a person wishes to file a complaint about unsolicited email, please contact the U.S. Department of Justice at http://www.justice.gov/spam.htm .

Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

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

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