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.

U.S. Work Visas and Options for Nurses

U.S. Work Visas and Options for Nurses

Many foreign nurses in the U.S. have expired or expiring work visa/status since H-1C nonimmigrant visa program for nurses sunset (expired) on December 20, 2009. Eligible foreign nurses may considered other work visas/status options such as: 1.TN under NAFTA: Registered nurses from Canada or Mexico may consider utilizing TN work status. 2.H-1B: Certain nurses from Canada, Mexico and other countries may also consider H-1B. Depending on the type of employer-sponsor, new H-1B petitions are subject to the annual visa quota. H-1B applies to positions requiring at least a baccalaureate/bachelor’s degree. Nurses who may qualify for H-1B status include advanced practice nurse such as Clinical Nurse Specialists (CNS); Nurse Practitioners (NP); Certified Registered Nurse Anesthetists (CRNA), and Certified Nurse-Midwives (CNM)), nurse managers, and nursing administrators. For more information on H-1B visa quota, please visit: http://immigrationresource.net/quota-for-h-1b-cap-work-visas-has-been-reached-for-fy2013-june-12-2012/ . Nurses holding H-1B status may also consider employment green card and/or family green card.

July 13, 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.

This Proposed Provisional Waiver Procedures for Unlawful Presence Are Not Effective Yet

The New Provisional Extreme Hardship Waiver for Unlawful Presence is Not Effective Yet

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. This Proposed Provisional Waiver Procedures for Unlawful Presence 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.

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 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 can be quite long and family separation is often lengthy and uncertain, and for the unfortunate ones, permanent.

July 9, 2012: By Aik Wan Kok Fillali, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

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.