DACA Cancelled. Some May Still Apply

DACA Cancelled. Some May Still Apply

Pursuant to President Trump immigration policy, Deferred Action for Childhood Arrivals (DACA) Program has been terminated on September 5, 2017, certain individuals may still apply or proceed with DACA.  Please see http://immigrationresource.net/daca-cancelled-some-individuals-may-still-apply/ for further details.

Mem Fox Detained by US Immigration

Celebrated Author, Mem Fox, Detained by US Immigration

The U.S. immigration detention of Ms. Mem Fox in February 2017 was a setback for humanity. Ms. Fox is a celebrated children’s book author such as Ten Little Fingers and Ten Little Toes, one of the official gifts by the Australian government to William and Kate, the British royal couple, to welcome the birth of Prince George. When she was detained, Ms. Fox was on her way to America to deliver a conference to teach children how to read. America is losing talented expertise and U.S. revenue from travels by unnecessary immigration restrictions and detention.

For further information, please visit: http://immigrationresource.net/new-u-s-immigration-restrictions-are-setbacks-for-humanity-us-revenue-famous-childrens-book-author-mem-fox-and-former-norwegian-prime-minister-detained-for-questioning-by-cbp/

August 28, 2017
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: seven zero three - 772-8224 & info at tiyaimmigration 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, sponsoring family, sponsoring employees, sponsoring relatives, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? 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 represent 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 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 relatives 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/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; NOID Notice of Intention to Deny; and many more.

Immigration Reaches 2017 H-1B Quota - April 7, 2016. What Happens Next?

Immigration Reaches 2017 H-1B Quota - April 7, 2016. What Happens Next?

H-1B Annual Work Visa Cap

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree. On April 7, 2016, USCIS had received more than sufficient H-1B Cap Petitions to meet the cap. USCIS started its computer-generated random selection process (lottery) on April 9, 2016 and selection has been completed. USCIS received over 236,000 H-1B Cap Petitions.

Those under U.S. advanced degree not selected within the 20,000 visa numbers were processed under random selection or lottery for the 65,000 limit. All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees. The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.

For USCIS will begin premium processing selected H-1B Cap cases on May 12, 2016.

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, and each case depends on a position’s own set of circumstances necessitating complex legal analysis.

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 2017 H-1B visa quota (October 1, 2016 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, 2017 (October 1, 2017 employment start-date or later) for the Fiscal Year 2018 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, 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, 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. Our clients are based in the U.S. and internationally. We represent diverse immigration cases in naturalization/citizenship, green card, work visas, waivers and other immigration matters. Some of our cases including, but are not limiting, extraordinary ability; national interest waiver; PERM with U.S. 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 or child 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/specialty occupation; 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 USCIS; filing cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and Immigration Courts.

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What to Do When People are Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? U.S. is Offering Immigration Relief Measures

What to Do When People are Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? U.S. is Offering Immigration Relief Measures

U.S. immigration is offering temporary immigration relief or measures to assist people affected by the severe earthquakes in Japan, Ecuador and Burma. The country of Burma is also known as Myanmar.

The relief measures are primarily for U.S. immigration matters being processed in the U.S. It is not clear how affected people who are overseas may seek applicable relief measures.

The following temporary immigration relief or measures are available upon request:

1. For those affected and currently in the U.S., they may change or extend nonimmigrant status even if their filing is made after an authorized period of admission has expired.

2. For affected people who were granted parole, they may apply for a re-parole.

3. Affected applicants for advance parole documents may request expedited processing.

4. Affected F-1 students experiencing severe economic hardship may request expedited adjudication of off-campus employment authorization. 5. Where applicable and appropriate, people affected may request expedited adjudication of their employment authorization applications.

6. If affected people are unable to pay for an application fee, they may request for fee-waiver consideration.

7. If people were unable to appear for an interview or respond to the immigration, and have received a Request for Evidenced or a Notice of Intent to Deny, they may submit timely evidence of being affected by the above natural disaster.

8. People who have lost or damaged immigration or travel documents (e.g. green card or permanent resident card), that were issued by U.S. Citizenship and Immigration Services (USCIS) may request replacement if the lost and damage were not their fault.

All the above applicants must file their applications through the regular process and include a specific request for consideration on how the above natural disaster has caused a need for the requested relief or measure.

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: 703-772-8224 & 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, 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. Our clients are based within the U.S. and internationally. We represent diverse immigration cases innaturalization/citizenship, green card, work visas, waiver and other immigration matters. Some of our cases 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 or child 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/specialty occupation; 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 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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