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HIRING H-1B PROFESSIONALS – ACT NOW!
HIRING H-1B PROFESSIONALS – ACT NOW!
Employers, the new H-1B filing starts again on April 1, 2008.
April 1, 2008 is the date to file petition for first-time H-1B workers (professional foreign workers, the job should require a Bachelors degree at the minimum) for the 65,000 visas available for the 2009 fiscal year. The work authorization however will begin on October 1, 2008. Like the previous year, this time too it is expected that the Cap will be reached within a day of the April 1, 2008 initial filing date. The additional 20,000 H-1B visas for individuals holding a US Master's or higher degree will also cap fairly soon.
The USCIS filing fee costs for H-1B petitions are:
Base filing fee $320.00
Plus $500.00 Anti-Fraud fee
Plus one of the following amounts:
$750.00 if Petitioner employs 25 or less Full Time employees; Or
$1500.00 if Petitioner employs 26 or more Full Time employees.
The above filing fees paid to USCIS will be returned to the Petitioner if the H-1B petition is not selected in the quota lottery which will be drawn if more than 65,000 petitions are received on the initial filing day. Also, if Petitioner chooses Premium Processing by paying a supplemental fee of $1000, USCIS will refund the $1000 if it does not provide a decision within 15 calendar days of receipt of the petition.
Do not delay. Contact an attorney as soon as possible to start the H-1B filing process.
FY 2009 H-1B Cap Update From American Immigration Lawyers Association's Service Center Operations Committee:
AILA's Service Center Operations Liaison Committee discussed several issues regarding the upcoming H-1B filing "season," as well as recently-announced filing changes for institutions of higher learning, their affiliates, and research institutions on February 6, 2008. The following is an unofficial summary of the Question & Answers with SCOPS:
1. Should Premium Processing be used for cap-subject filings?
USCIS expects that the cap-subject H-1B receipt volume will be similar to last year. While Premium Processing is currently available, it may need to be suspended (as it was last year) for some period of time. USCIS understands that Premium Processing is used to get a quicker receipt. However, attorneys may want to consider waiting to see if a petition receives a cap number and then interfile the I-907. If there are any official changes to the Premium Processing option for these cases, USCIS will let AILA know. If Attorneys decide to file cases concurrently with Premium Processing clients should be aware that the 15 days may not be guaranteed if there is a change to the program.
2. Can a petitioner file duplicate H-1B filings to increase chances of obtaining a cap number?
USCIS is currently drafting a regulation to address this question, expected to be published in the coming weeks, which will contain some sort of prohibition on the filing of duplicate cases. The definition of what is considered a "duplicate" will be addressed in that regulation. Please note that it is AILA's understanding that a petition filed under both the regular and the master's cap would not be considered a duplicate, but we will need to wait for the regulation to confirm.
3. What will happen to cap cases filed in the wrong Service Center?
Attorneys should make sure to follow the guidance provided by USCIS on where to file their cases. Cap-subject cases should be filed based on the jurisdiction of the worksite. Cases that are filed at a wrong service center will be rejected.
4. What about e-filing?
E-filing will not be available for I-129 H petitions, including those which are cap-exempt.
5. Please clarify what petitions are to be filed at the California Service Center. Is it any petition that is not subject to cap-counting, including both cap-exempt and those already counted, or is it limited to petitions from institutions of higher learning, their affiliates, and non-profit and governmental research institutions?
On February 1, 2008, the USCIS published a USCIS Update designating the California Service Center as the place to file petitions by institutions of higher education and organizations and affiliated entities, and non-profit and governmental research institutions. Petitions for cap-exempt individuals (e.g., petitions for physicians to serve in shortage areas) and petitions for aliens already counted are to be filed according to established jurisdictional rules. A formal Federal Register notice in filing locations is in process. Until the notice is published in the Federal Register, H-1B cap-exempt petitioners are encouraged to file at the CSC under the terms of the USCIS Update. SCOPS advises that for the present time those sent to other service centers will not be rejected, but will be relocated. Once the formal Federal Register notice is published, filing those petitions at the CSC will be mandatory and petitions filed incorrectly will be rejected.
( 3/3/2008 )NO NEED TO REPLACE GREEN CARDS WITHOUT EXPIRATION DATE YET
NO NEED TO REPLACE GREEN CARDS WITHOUT EXPIRATION DATE YET
Despite rumors to the contrary, ‘green cards’ (I-551) with no expiration dates are still valid, and lawful permanent residents carrying those cards will continue to receive all appropriate benefits. These cards will remain valid until the implementation of USCIS’ final rule addressing this issue.
The final rule, once published, will explain the process and the time period to file applications to replace these green cards. To date, no time frame has been set.
Those who hold permanent resident cards with no expiration date may replace their cards now, but there is no requirement to do so.
( 3/3/2008 )US RATIFIES THE HAGUE CONVENTION ON INTERCOUNTRY ADOPTION
On December 12, 2007 United States ratified the Hague Convention on Intercountry Adoption. The US is now a full member of the Hague Convention, and its provisions will govern intercountry adoptions between the US and other Convention member countries beginning April 1, 2008.
The Convention establishes international norms and procedures, mandates safeguards to protect the interests of children, birth parents, and adoptive parents and also provides that member nations recognize adoptions that take place within other Hague Convention countries.
Beginning April 1, 2008, The Hague Convention will govern intercountry adoptions between the US and other Convention countries. The major changes to the way intercountry adoptions are processed under the Hague Convention are:
The Department of State, designated as the "Central Authority" for the United States under the Hague Convention and the IAA, is responsible for ensuring that the Hague Convention and IAA requirements are followed.
Accrediting entities designated by the Department of State must accredit any U.S. adoption service providers that will handle Convention adoption cases.
The Department of State will maintain a centralized registry to track all adoption cases (both incoming and outgoing cases, in Hague Convention cases and in non-Convention cases), and to receive complaints and comments about accredited adoption service providers involved in Hague Convention cases.
Outgoing intercountry adoption cases from the United States to other Hague Convention countries, such as Canada or Mexico, must also comply with the Convention and the IAA.
Courtesy: American Immigration Lawyers Association (AILA)
( 3/3/2008 )READMISSIONS FOR H/L NONIMMIGRANTS IN AOS
On November 1, 2007, USCIS published a final rule to streamline the readmission of certain “H” and “L” nonimmigrants who have applied for adjustment of status to become permanent residents. The rule removes the requirement that returning H-1B “specialty occupation” workers, H-1C registered nurses, L-1A intracompany transferees and L-1B “specialized knowledge” workers present a receipt notice (Form I-797, Notice of Action) for their adjustment applications (I-485) when returning to the United States from travel abroad. Dependent H-4s and L-2s are also relieved of the receipt requirement.
Generally, adjustment of status applicants must obtain Advance Parole (Form I -131, Application for Travel Document) from USCIS prior to leaving the United States or else their applications are deemed abandoned. H-1 and L-1 nonimmigrants (and their H-4 or L-2 dependents) are now exempt from this requirement. Previously, they were required to present a receipt for their adjustment application at the time of readmission to the United States following foreign travel. This final rule eliminates the unnecessary burden of presenting this receipt since the application information in the receipt is in USCIS databases available to immigration inspectors and adjudicators.
However, H-1 and L-1 nonimmigrants (and their dependents) with pending adjustment of status applications, who are not under exclusion, deportation, or removal proceedings, are reminded to document at the port of entry that they are:
Still eligible for H-1 or L-1 status,
Coming to resume employment with the same employer, and
In possession of a valid H-1 or L-1 visa.
In the case of H-4 or L-2 dependents, the spouse or parent through whom they received their H-4 or L-2 status must meet the above requirements and the dependent must remain eligible for admission in H-4 or L-2 classification.
Courtesy: American Immigration Lawyers Association (AILA ( 3/3/2008 )Non-immigrant visa applicants affected by new DUI/DWI guidelines
Non-immigrant visa applicants affected by new DUI/DWI guidelines
The following news may be of interest to applicants seeking a non-immigrant visa or visa extension at a US Consulate:
The Department of State recently issued "Guidance On Processing Visa Applicants With Drunk Driving Hits", requiring consular officers to refer non-immigrant visa applicants with prior drunk driving issues to panel physicians for medical examination in the following circumstances:
(1) single drunk driving arrest or conviction within the last three calendar years, or
(2) two or more drunk driving arrests or drunk driving convictions in any time period
(3) if there is any other evidence to suggest an alcohol problem.
The directive is not discretionary. It is now likely that an arrest for public intoxication at any time could trigger this new directive.
The Foreign Affairs Manual now reads:
“While alcoholism constitutes a medical condition, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism. Evaluation for alcohol abuse or dependence is included in the evaluation for mental and physical disorders with associated harmful behavior. An alcoholic is not ineligible to receive a visa unless there is harmful behavior associated with the disorder that has posed, or is likely to pose, a threat to the property, safety, or welfare of the alien or others. To ensure proper evaluation, you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or convictions in any time period. You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem.”
Non-immigrant visa applicants disclosing an alcohol arrest in the US will also have to undergo National Crime Information Center processing upon paying an $85 fee for fingerprinting and waiting for the FBI record results (1-2 days at posts with electronic fingerprint processing or up to 2 months where fingerprints done ink).
Applicants with alcohol related arrests inside or outside US are advised to fully disclose the incident. Some consulates use independent access to records of local DUI proceedings. DOS can subject applicants to fingerprinting and NCIC check for other reasons, and it may reveal an arrest. Failure to disclose the event on Form DS-156 could lead to a “misrepresentation” finding and inadmissibility on that basis, even if the convictions or arrests would not have led to a Class A determination. Visa applicants should have a copy of the arrest report, certified court disposition, and if possible declarations and accompanying legal brief.
Clients in consultation with their attorneys should explore possibility of panel physician's consideration of the criminal record before the visa interview, avoiding a subsequent referral and re-interview. In the immigrant visa context, one can call the criminal record to the attention of the panel physician and request that the medical report clearly refer and draw on each incident, so that the consular officer can be sure that each incident was considered. In the non-immigrant context, there is not a clear procedure for pre-interview medical exam yet.
The medical examination is to be conducted in accordance with the Center for Disease Control's current Technical Instructions for the Medical Examination of Aliens.
Under the guidelines, the medical exam must include, (1) physical exam, (2) medical history from the applicant or family member, which includes specific questions about psychoactive drug and alcohol use, history of harmful behavior, and history of psychiatric illness not documented in the medical records; and (3) review of any other (police, military, school or employment) records that may help to determine a history of harmful behavior related to a physical or mental disorder and to determine whether the illnesses or disabilities result in a substantial departure from a normal state of well-being or level of functioning.
The four essential components of the exam's conclusion about alcohol include:
1. Has there been a mental condition/disorder (alcohol abuse)?
2. Has the condition been associated with harmful behavior?
3. Is the mental condition currently present?
4. If so, is harmful behavior likely to recur?
(CDC has determined that a conviction for driving while under the influence of alcohol would constitute evidence of a medical disorder with associated harmful behavior.)
The panel physician will issue a report concluding whether or not the applicant has a Class A condition or Class B condition.
Even when the physician determines that the applicant has had a condition resulting in harmful behavior, the report should reflect no Class A or B condition if the physician concludes that the condition is not currently present and harmful behavior is not likely to recur. If the panel physician finds that the applicant's current condition is associated with harmful behavior and that the harmful behavior is likely to recur, a Class A determination must be made, rendering the applicant ineligible to receive a visa under INA 212(a)(1)(A).
If the panel physician finds that there is a current condition but no history of harmful behavior, or that there has been a condition associated with harmful behavior but the condition is controlled by medication, is in remission or harmful behavior is not likely to recur, a Class B determination can be made, normally resulting in the applicant being found admissible.
Some panel physician recommendations can take several weeks and some might refer the applicant to a psychiatrist for further evaluation (as the physician deals with the physical side of excessive drinking as opposed to the mental review done by a psychiatrist).
DOS does not involve itself in how the panel physician analyzes for a Class A medical condition, and the CDC guidelines to panel physicians are not very specific in relation to alcohol issues. Applicants can expect varying approaches from panel physicians, ranging from oral discussions with the applicant about the incidents involved to extensive medical tests for indicia of alcohol dependency.
Courtesy: AILA
( 10/9/2007 )Student EAD Issues
Student EAD Issues discussed by Nebraska Service Center
The following are excerpts from the August 30, 2007 Student/School conference call hosted by the Nebraska Service Center.
QUESTIONS:
A school is reporting OPT cards lost in the mail. The applicants have received receipt notices so it appears not to be an address issue (and they have not had a change in address). Is there any way NSC can track returned OPT cards or reissue them without a new application?
Answer: If a card is returned to NSC, the system is updated to reflect the date it comes back. Upon receipt of a new address or verification of the one that should be used, NSC will re-mail the card. You may submit LIN receipt numbers of cases through the NSCSchools@dhs.gov e-mail for verification.
Another school reports numerous RFEs from Nebraska within the last 6 months for OPT applications stating that the I-20 was not endorsed either by the student and/or the DSO within the past 30 days. In all cases, the school checked the copies in the students’ files and have seen that a copy of the I-20 endorsed by both the student and DSO within 30 days from the date the OPT was sent with the application to the NSC. As this seems to be a fairly recent trend for NSC, the school wonders whether this is a training issue.
Answer: 100% quality review was complete for a 30-day period. If you are receiving RFEs for I-20s signed within 30-days and you feel they are incorrect, submit the LIN receipt number of those cases to NSCSchools@dhs.gov and we will review the files.
A school reports that their students have been receiving RFEs on F-1 OPT applications for students in non-degree or non-certificate programs that seems to imply that an F-1 student must be in a degree or certificate program. The regulations governing the issuance of OPT cards at 8 CFR 214.2(f)(10)(ii) do not state that optional practical training must be in a specific degree defined program. What is the best way for the applicant to reply to this issue on the RFE?"
Answer: 8 CFR 214.2(f)(6)(i) states “Successful completion of the full course of study must lead to the attainment of a specific educational or professional objective”. The student needs to explain in more detail the circumstances behind his/her request.
Student was approved for post-completion OPT and received EAD. If the student has since found out that s/he did not successfully complete the course and the program was timely extended by the DSO in SEVIS, what recourse does the student have?
Answer: The student must return the card to NSC prior to the start date of OPT, and request that the OPT be withdrawn. The Service will reopen approval of the application and withdraw, sending the applicant a notice that this has been completed. By doing this, this will allow the student to reapply when they do graduate.
In August, three institutions reported that EADs did not reach beneficiaries within 30 days of the date cited on the USCIS Web site (06/15/2007, 07/11/2007, 07/16/2007). The Web site states that EADs should be received within 30 days. Is 30 days still the appropriate timeframe or are there current delays in mailing approved EADs?
Answer: 30-day processing depends on the category they file under. EAD for Students and others are required to be completed within 75-days of receipt. At the current time, we are processing at 40 days for students, and 45 days for others. Should you find cases falling out of processing times, you may request an expedite by correspondence, calling in or emailing NSCSchools@dhs.gov.
Per the USCIS notice of August 17, the current receipting date for I-765 is 7/18/2007. Is this date accurate for OPT I-765?
Answer: We are currently at 40 days. The USCIS website sometimes lists the expectation time rather than the actual time that we supply to them. For example, for an I-765 that should be completed within 90 days, the website will indicate a 90 day suspense time even though we may be working them much more quickly than that.
When will NSC catch up on the “front log” for receipts?
Answer: There is currently a ten day “front log” on stand alone I-765s, which are the bulk of student I-765s.
Is there is a new approach to processing - specifically that NSC will not send RFEs but more likely deny and then the student will have to reapply if possible and pay again?
Answer: If an application is missing something, NSC will send a request for evidence (RFE) and grant the applicant 42 days to respond. The only time an application would be denied outright is if applicant is not eligible for the benefit sought.
Does it no longer matter what address a student puts on their I-765 form in terms of where OPT receipts, RFEs and/or EAD cards will be sent?
Answer: All approvals, RFEs and denials will be mailed to the address listed on the I-765 application unless there is an attorney’s G-28 attached.
If USCIS notices a discrepancy between an I-765 address and a SEVIS address do they automatically send a letter requesting an AR-11 before they proceed?
Answer: No. Please refer to the above response.
J1 student arrived along with J2 dependent. J2 dependent applied for the EAD and received it. Now J-1 is transferring to another university. Should J2 re-apply for the EAD based on J-1’s and J-2’s new DS-2019 forms issued by the new school – even the EAD is still valid?
Answer: No.
Courtesy: American Immigration Lawyers Association (AILA)
( 9/20/2007 )No-Match of employee records with Social Security Administration or DHS records puts Employer at risk
No-Match of employee records with Social Security Administration or DHS records puts Employer at risk
On 08-10-2007, DHS released an advance copy of the final Immigration & Customs Enforcement (ICE) "No-Match" regulation to become effective 30 days after publication in the Federal Register.
This newest initiative requires employers with discrepancies between their employee records and Social Security Administration’s (SSA) records or immigration status information on record with the Department of Homeland Security (DHS) to re-verify the information within 93 days.
If the employer is unable to correct the discrepancy within 93 days, the employer has two choices: terminate the employment and risk lawsuits by employees or continue the employment and risk severe civil and criminal sanctions from DHS.
The definition of "constructive knowledge" now includes Employer’s failure to take reasonable steps to address three situations:
(1) an employee's request for employer's labor certification or visa petition sponsorship;
(2) receipt of a “no-match” letter from SSA; and
(3) receipt of a notice from DHS (usually after an I-9 audit) that the employee's employment authorization documents (EAD) presented with I-9 form do not match DHS records.
Employer has 93 days to reconcile the information and will have immunity (safe harbor) from a “constructive knowledge” charge in case of civil or criminal investigation if employer follows the procedure exactly as stated and be in "safe harbor" if:
Within 30 days of Receipt of No-Match Letter from SSA: The employer must check its records to see if the discrepancy was caused by a clerical error, correct the error with SSA to match SSA's records. Employers should retain a record of the manner, date and time of such verification. The employer may update the I-9 form but should not do a new I-9 verification.
If the employer determines that the SSA no-match is not a result of an error in the employer's records, the employer must promptly request employee to confirm correctness of name and social security number. If the information is incorrect, the employer must make corrections, inform the SSA of the correction and verify a match on the corrected information, and make a record of its actions.
If the employee confirms that the employer's record information is correct, the employer must promptly advise the employee of the date of receipt of the no-match letter and advise the employee to resolve the discrepancy with the SSA no later than ninety (90) days after the receipt date. The employer is under no legal obligation to advise the employee how to resolve the discrepancy.
Within 30 days of Receipt of Notice of discrepancy from DHS: The employer must contact the local DHS office in accordance with the instructions on notice and attempt to resolve the question raised by DHS about the immigration status or EAD. Note that the DHS notice may provide less than 30 days for a response.
Within 93 days of Receipt of Notification from SSA or DHS
If the discrepancy cannot be resolved with either SSA or DHS within 90 days of receipt of the notification, the employer must attempt to re-verify the worker's employment eligibility by completing a new I-9 form.
The employee must complete section one and the employer must complete section two of the new I-9 form within 93 days of receipt of the notice from SSA or DHS. The employer cannot accept any document referenced in the DHS notice or the social security number stated in the SSA no-match letter to establish employment authorization or identity. The employee must present a document that contains a photograph in order to establish identity and/or employment authorization. The new I-9 form should be retained with the original I-9 form(s).
If the employer cannot verify the employee's even with a new I-9 form, the employer must decide whether to terminate the employee, or face the risk in any subsequent DHS enforcement action. Employer will be deemed to have “constructive knowledge” (depending on the "totality of relevant circumstances") and be penalized for continuing employment of an unauthorized alien. An employer should not terminate an employee until the process is completed, unless the employer obtains actual knowledge (such as an admission by the employee) that the employee is not eligible for employment in the U.S.
Where an employee requests employer sponsorship for a labor certification or visa petition and admits to the employer that he/she is currently unauthorized, or where the request is inconsistent with information provided by the employee in I-9 (i.e., claimed US citizenship or permanent resident status), the employer may be charged with actual or constructive knowledge of unauthorized status if the employer permits the employee to continue working for the employer. Then no "safe harbor" benefit is available to Employer.
DHS says applying the safe harbor rule in a uniform manner for all employees whose account numbers or work authorization documents are challenged by the SSA or DHS will prevent employer liability for document abuse and/or unlawful discrimination on the basis of national origin and citizenship status.
The President of American Immigration Lawyers Association (AILA) said, "Employers often receive 'no match' letters for very legitimate reasons, such as clerical errors, or failure to register a change of name after marriage. Both employers and employees can face bureaucratic delays in trying to document and correct records…… in the timeframe provided and unfair for an employee to face potential termination as a result of these delays.”
Courtesy: American Immigration Lawyers Association
( 8/14/2007 )Atlanta District Office moves to new location
The USCIS Atlanta District Office has moved to 2150 Parklake Drive, Atlanta, GA 30345 on February 20, 2007. According to the USCIS, the new office is a modern, spacious four-story office building customized specifically for the Atlanta District. The Information unit, the Adjustment of Status unit and the Naturalization unit each have spacious, comfortable waiting areas for the applicants, and the Naturalization unit boasts a very large ceremony room. There will be plenty of free parking available for the public.
( 2/16/2007 )USCIS Introduces Online Change of Address feature
USCIS Introduces Online Change of Address feature
USCIS launched a new web-based service on 01-12-07 allowing USCIS customers to submit change of address information online.
All non-citizens in the United States are legally required to keep USCIS informed of any change of address within 10 days of their move by completing an Alien Change of Address Card (Form AR-11). The new online service will reduce processing time and provide immediate confirmation that USCIS has received the updated address information.
Before using the online change of address tool, users should have the following information available:
ƒ{ USCIS receipt number for pending cases,
ƒ{ New and old addresses,
ƒ{ Names and biographical information for family members for whom you have filed a petition, and
ƒ{ Date and location (port of entry) of your last entry into the United States.
USCIS will continue to accept change of address cards through the mail. Change of Address online is available at: http://www.uscis.gov/AR-11.
( 2/16/2007 )How does the National Visa Center work
HOW DOES THE NATIONAL VISA CENTER WORK
NVC is operated as a contract facility. The contractor has about 400 employees with two operating shifts. The Department Of State has five employees and one FBI representative.
Case Processing
NVC receives daily shipments of petitions from the United States Citizenship and Immigration Service (USCIS). There are five USCIS service centers that send petitions to NVC. NVC receives 10,000 to 15,000 petitions per week. NVC processes many different petition types.
I-130 – Family-based (Majority are these)
I-140 – Employment-based
I-129F – Fiancé
I-129 – K3 LIFE Act
I-600/A – Orphan
I-730 – Asylee/Refugee
I-529 – Investment
I-360 – Special Immigrant
NVC performs initial processing on all petitions received from USCIS. The steps are:
1. Sort the petitions into three categories; expedites, current and non-current based on the visa classification and the priority date.
2. Enter petition data into the NVC database. Most information is already in the database because it was entered by USCIS and forwarded to the NVC electronically through a data share program.
3. Assign case number based on where the applicant will receive their visa interview. The case number consists of the 3-letter post designation, the Julian date (+500) and the number of petitions assigned to that post on that day. Post designations are: Bombay - BMB, Calcutta - CLC, Colombo – CLM, Dhaka - DHK, Islamabad – ISL, KDU – Kathmandu, Madras - MDR, New Delhi – NWD.
NVC has two million files on hand at any given time. Every time the file is transferred to a new section of the NVC, the bar code is scanned so that the file’s specific location is known at all times.
Expedite processing is available for I-129F, I-129, I-730 and I- 600/A petitions. There are specific scenarios that must be met for a case to be expedited by NVC.
Child aging out and a visa number is available
Dire medical emergency – with a letter from the physician
These petitions are processed though NVC and sent to post within one week. Some USCIS district offices may send I-600/A orphan petitions directly to post, bypassing NVC. If K applicants require a Security Advisory Opinion (SAO), NVC will send the petition to post upon receipt of the clearance. If a case is expedited, NVC will send the file to post regardless of whether processing has been completed. Post will request additional documents or clearances to complete the case. This ensures interview of the applicant as soon as possible.
Review: Once the case is current, on cases with attorney of record (AOR), NVC does the following:
1. The Immigrant Visa Application fee bill and the Affidavit of Support (AOS) fee bill are mailed to the AOR 2-4 weeks from the receipt of a case from USCIS.
2. AOR mails to US Bank, St. Louis by certified check or money order the AOS payment and fee bill and IV payment and fee bill for each traveling applicant
3. The lockbox in St. Louis processes payment and forwards the fee payment information to NVC.
4. A packet of forms and instructions are mailed to the AOR. The packet contains Affidavit of support (I-864), DS-230 Part I, and Instructions for Immigrant Visa Applicants.
5. AOR completes the forms and mails with supporting documents (e.g. tax return) to NVC
6. NVC reviews for completeness. One checklist letter may be sent for missing or incomplete information. (Processing time for review is approx. 2-3 weeks from receipt.)
7. The case record is qualified when all the required forms and documents have been received.
8. The electronic data and physical case files are forwarded to post.
Document collection and review
NVC has been collecting documents on behalf of posts since 1996. Because NVC is not authorized to perform adjudicatory functions the review is clerical only. The process has expanded over the years to provide necessary support to posts overseas. NVC collects: Agent of Choice form DS-3032 (only for cases where is no G-28 on file), AOS Fee invoices, IV Fee invoices, I-864 Affidavit of Support – and all supporting documents and DS-230 Part I.
Scheduling appointments
NVC has been scheduling appointments for 35 posts since 1996. (India, Nepal, Bangladesh and Pakistan are among the 96 other posts for which the consular posts and not NVC does the scheduling of appointments.) Only applicants that are part of a case that is documentarily qualified will be scheduled for a visa interview by NVC. Visa classifications that impact scheduling, whether by NVC or the consular post, are:
Preference classification – Numerically limited issuance (e.g. F1, F2A, E1, EW) applicants must be reported to Visa Office (VO) and meet the cutoff date requirements before they can be scheduled. Reported to the VO once a month. Visa has to be allocated to them by VO.
Non-preference classification – Not numerically limited (e.g. IR1, IR2, IR5) applicants will be picked up for scheduling right away.
Inquiries – Inquiries may be made by phone, fax, mail or E-mail.
Termination – If an applicant and/or their Attorney loses contact with NVC regarding their desire to pursue an immigrant visa once a visa number is available and one year has passed since the last contact, NVC sends notice of the lack of action. All fees and documentation expire after one year from last contact. Then all fees will have to be repaid and documents resubmitted.
Refund – If a fee was paid twice, a request for refund may be made by writing to NVC.
Courtesy: AILA – American Immigration Lawyers Association
( 11/15/2006 )Some Visa Options For Canadian Citizens
Some Visa Options For Canadian Citizens
Normally a temporary work visa requires a U.S. sponsor/employer to file a petition with the USCIS. Canadians enjoy a ¡§One Step¡¨ process without a visa for some categories. Canadians¡¦ processing occurs at a Class A U.S. Port of Entry (POE) for TN and L-1 visas.
TN visas for Canadian Citizens as NAFTA Treaty Nationals
Since the effective date of January 1, 1994, NAFTA facilitates travel to and employment in the United States (U.S.) of certain Canadian professionals whose profession is noted in Appendix 1603.D. 1. The TN employee must possess the credentials required as well as proof of qualifying citizenship. TN status allows unlimited multiple entries to the U.S. for the period of service required by the U.S. employer up to a maximum of one year, extendible indefinitely as long as the temporary purpose of the employment continues.
Canadian professionals who are self-employed outside the U.S. may pursue business relationships from outside the U.S. (e.g. contracts for services) with U.S.-based companies and obtain TN status to engage in these prearranged activities in the U.S. However, under TN classification an alien is not permitted to engage in self-employment in the US, nor to render services to a corporation or other entity in which he/she is a controlling owner or shareholder. Some important features are:
Spouses and unmarried children under 21 obtain TD status. They can be included on the application of the TN principal and admitted for the same duration of stay. TD nonimmigrants may study in the US but are not authorized for employment.
Appendix 1603.D.1 to Annex 1603 of the NAFTA.
An applicant shall demonstrate business activity at a professional level in one of the professions set forth. The minimum requirements for qualification are as follows:
¡XAccountant¡XBaccalaureate or CPA, CA, CGA, or CMA.
¡XArchitect¡XBaccalaureate or state/provincial license.
¡XComputer Systems Analyst¡XBaccalaureate or Post-Secondary Diploma or Post Secondary Certificate and three years' experience.
¡XDisaster relief insurance claims adjuster (claims adjuster employed by an insurance company located in the territory of a Party, or an independent claims adjuster)¡XBaccalaureate and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims; or three years experience in claims adjustment and successful completion of training in the appropriate areas of insurance adjustment pertaining to disaster relief claims.
¡XEconomist¡XBaccalaureate
¡XEngineer¡XBaccalaureate or state/provincial license
¡XForester¡XBaccalaureate or state/provincial license
¡XGraphic Designer¡XBaccalaureate or Post-Secondary Diploma or Post-Secondary Certificate and three years experience.
¡XHotel Manager¡XBaccalaureate Degree in hotel/restaurant management; or Post-Secondary Diploma or Post-Secondary Certificate in hotel/restaurant management and three years experience in hotel/restaurant management.
¡XIndustrial Designer¡XBaccalaureate or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
¡XInterior Designer¡XBaccalaureate or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
¡XLand Surveyor¡XBaccalaureate or state/provincial/federal license.
¡XLandscape Architect¡XBaccalaureate.
¡XLawyer (including Notary in the province of Quebec)¡XLLB, JD, LLL, BCL, or membership in a state/provincial bar.
¡XLibrarian¡XMLS, or BLS (for which another Baccalaureate was a prerequisite).
¡XManagement Consultant¡XBaccalaureate or equivalent professional experience as established by statement or professional credential attesting to five years experience as a management consultant, or five years experience in a field of specialty related to the consulting agreement.
¡XMathematician (including Statistician)¡XBaccalaureate.
¡XRange Manager/Range Conservationist¡XBaccalaureate.
¡XResearch Assistant (working in a post-secondary educational institution)¡XBaccalaureate.
¡XScientific Technician/Technologist ¡XPossession of (a) theoretical knowledge of any of the following disciplines: agricultural sciences, astronomy, biology, chemistry, engineering, forestry, geology, geophysics, meteorology, or physics; and (b) the ability to solve practical problems in any of those disciplines, or the ability to apply principles of any of those disciplines to basic or applied research.
¡XSocial Worker¡XBaccalaureate.
¡XSylviculturist (including Forestry Specialist)¡XBaccalaureate.
¡XTechnical Publications Writer¡XBaccalaureate or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
¡XUrban Planner (including Geographer)¡XBaccalaureate.
¡XVocational Counselor¡XBaccalaureate.
MEDICAL/ALLIED PROFESSIONALS
¡XDentist¡XDDS, DMD, Doctor en Odontologia or Doctor enCirugia Dental or state/provincial license.
¡XDietitian¡XBaccalaureate or state/provincial license.
¡XMedical Laboratory Technologist (Canada)/Medical Technologist (Mexico and the United States) ¡XBaccalaureate or Post-Secondary Diploma or Post-Secondary Certificate, and three years experience.
¡XNutritionist¡XBaccalaureate.
¡XOccupational Therapist¡XBaccalaureate or state/provincial license.
¡XPharmacist¡XBaccalaureate or state/provincial license.
¡XPhysician (teaching or research only)¡XMD Doctor en Medicina; or state/provincial license.
¡XPhysiotherapist/Physical Therapist¡XBaccalaureate or state/provincial license.
¡XPsychologist¡Xstate/provincial license.
¡XRecreational Therapist¡XBaccalaureate.
¡XRegistered nurse¡Xstate/provincial license.
¡XVeterinarian¡XDVM, DMV, or Doctor en Veterinaria; or state/provincial license.
Baccalaureate degree for the following professions:
¡XAgriculturist (including Agronomist)
¡XAnimal Breeder
¡XAnimal Scientist
¡XApiculturist
¡XAstronomer
¡XBiochemist
¡XBiologist
¡XChemist
¡XDairy Scientist
¡XEntomologist
¡XEpidemiologist
¡XGeneticist
¡XGeochemist
¡XGeologist
¡XGeophysicist (including Oceanographer)
¡XHorticulturist
¡XMeteorologist
¡XPharmacologist
¡XPhysicist (Oceanographer)
¡XPlant Breeder
¡XPoultry Scientist
¡XSoil Scientist
¡XZoologist
¡XCollege teacher
¡XSeminary teacher
¡XUniversity teacher
L-1 Intracompany Transferee (Non-Blanket) (This category can be availed by citizen of any country and is not limited to citizens of Canada)
General Requirements
„h Alien must be employed continuously abroad for 12 months during the three years prior to entry by parent, branch, affiliate or subsidiary of U.S. company.
„h Alien seeks to enter US to work for the same employer or its subsidiary in either managerial, executive or specialized knowledge capacity.
Company Qualifications
* Companies must have common ownership. Majority stock ownership or control of in both/all companies is sufficient, but contractual relationship is not.
* U.S. entity must have control over employee upon transfer to US.
Employee Requirements
Managerial (L-1A)
- Manages the organization, department, subdivision, function or component;
- Supervises and controls the work of other supervisory, professional or managerial employees, or manages an essential function within the organization or department or subdivision of the organization;
- Has authority to hire and fire or recommend personnel actions (if other employees directly supervised), or if no direct supervision, functions at a senior level within hierarchy or as to function managed; and
- Exercises discretion over day-to-day operations of the activity or function.
Executive (L-1A)
- Directs the management of the organization or a major component or function;
- Establishes goals and policies;
- Exercises wide latitude in discretionary decision making; and
- Receives only general supervision or direction from higher level executives, board of directors or stockholders.
Specialized Knowledge (L-1B)
- Special knowledge of the company product, services, research, equipment, techniques, management or other interests and its application in international markets or has an advanced level of knowledge of processes and procedures of the company.
Processing and Validity
„h Employer files a petition with the USCIS (except for Canadian citizens who may apply at POE).
„h When USCIS has approved the petition, it will send an approval notice.
„h The foreign national may then apply for a visa at the U.S. consulate abroad before entering the US to commence temporary employment. (Canadians are exempt from this requirement).
„h L-1As are valid for a total of seven years; initial approval is for three years with extensions of stay given in two-year increments.
„h L-1Bs are valid for a total of five years; initial approval is for three years with extensions of stay given in two-year increments.
„h Premium Processing is also available for L-1s for an additional $1,000
„h L-2 dependent spouses may apply to USCIS for work authorization.
( 10/12/2006 )Report Change of Address to USCIS promptly
Failure to report Change of Address to INS promptly proved costly
As reported in the Wednesday July 10, 2002 issue of Atlanta Journal & Constitution by correspondent Mark Bixler, a minor immigration slip of not reporting a change of address to the INS has forced a Palestinian LPR of the United States into deportation proceedings.
A legal immigrant (LPR) since 1998, Thar Abdeljaber, 30 year old, father of five from the West Bank, was clocked for driving four miles over the speed limit. He was not charged with a crime but INS agents joined the investigation. He now faces deportation because the INS says he broke a law requiring the 17.8 million noncitizens in the United States to report address changes within 10 days of moving. It's a law dating back to the 1950's that even the INS admits it rarely enforces..... until now.
Jeanne Butterfield, Executive Director of American Immigration Lawyers Association (AILA) said the deportation was "ridiculous" but saw it as part of a larger trend since September 11, 2001 to enforce laws once considered minor, such as overstaying a visa. She expects more address change violations after INS starts a program this fall which will require abut 100,000 foreign visitors to register, give fingerprints and check in periodically with the INS. Authoritities say it would help them track people who were a threat to national security, but she worries about abuses.
The INS law as it stands today requires all aliens to report change of address within 10 days of such change to the INS on form-card AR-11. The collection of information on AR-11 is required by S. 265 of I&N Act (8 USC 1305) and may be furnished to federal, state, local and foreign law enforcement officials. Failure to report is punishable by fine or imprisonment and/or deportation. There is no filing fee for the form. Completed form should be mailed to US Department of Justice, INS, HQ ORM, 425 I St., NW, ULLICO 4th Floor, Washington DC 20536. To download the form click on Links on the blue line which will take you to the INS website or type www.ins.usdoj.gov/graphics/formsfee/forms/ar-11.htm to reach the form ( 7/14/2002 )Archived News
- Rejection of Employment Based Adjustment Applications despite availability shown in July 2007 Visa Bulletin ( 7/11/2007 )
- H-1B FY 2008 US Masters numbers still available ( 4/13/2007 )
- STRIVE ACT OF 2007 - Summary ( 4/13/2007 )
- Citizenship Promotion Act of 2007 - Summary ( 4/13/2007 )
- DREAM Act - Summary ( 4/13/2007 )
- USCIS and DOL fee proposals ( 2/16/2007 )
- National Visa Center Q & A of October 2006 ( 2/16/2007 )
- Check status of your Labor Certifications pending at BECs ( 10/12/2006 )
- Conversion of pending Traditional LCs to RIR ( 10/12/2006 )
- Clarification of Provisions of The Child Status Protection Act ( 7/6/2006 )
- New SKIL Bill to Assist US Employers Hire Highly Educated Foreign Talent ( 7/6/2006 )
- FY 2007 H-1B Cap Count as of 05-12-06 ( 5/19/2006 )
- Visa Bulletin for March 2006 and Backlog Issues ( 2/22/2006 )
- Proposal to provide temporary relief from the employment-based immigrant visa backlogs and H-1B visa blackout ( 11/10/2005 )
- IMMIGRATION QUOTAS AND RETROGRESSION OF VISA NUMBERS ( 11/10/2005 )
- H-1B Cap reached - Urgent action required ( 8/18/2005 )
- PERM: FAQs of August 8, 2005 ( 8/18/2005 )
- H-1B Cap Count July 31, 2005 ( 8/2/2005 )
- Improved US Passport Application Form Available Online ( 5/31/2005 )
- USCIS ANNOUNCES UPDATE ON H-1B USAGE ( 5/31/2005 )
- “GREEN CARD” RENEWAL/REPLACEMENT DIRECT FILING FOR LPRs ( 5/31/2005 )
- NEW H-1B PROCEDURES FOR FY 2005 AND FY 2006 ( 5/16/2005 )
- Conditional Resident Status ( 4/26/2005 )
- Clarification of Eligibility under S. 245(i) of the INA ( 4/22/2005 )
- Exit Procedures at Atlanta Airport for foreign visitors ( 4/1/2005 )
- Immigration Benefits as a Battered Spouse or Child ( 4/1/2005 )
- Call our office for Adoption of Tsunami Orphans ( 1/7/2005 )
- H-1B fee increase alert ( 12/9/2004 )
- H-1B quota usage for 2004 and 2005 ( 8/31/2004 )
- Alien has to be in India for 60 days before filing I-130 in India ( 8/31/2004 )
- Schedule Appointments to speak to Immigration Officers under Infopass ( 8/31/2004 )
- USCIS To Change to Passport-Style Photographs ( 7/27/2004 )
- New Student Regulations 12-12-2002 ( 5/4/2004 )
- Travel Advisory to Canada or Mexico 03-20-2002 ( 5/4/2004 )
- Office Assistant/Paralegal position available 09-01-2001 ( 5/4/2004 )
- auditor postion available 07-15-2001 ( 5/4/2004 )
- Affidavit of Support for a Relative ( 12/11/2003 )
- Special (NSEERS) Re-Registration Deadline 11-25-03 ( 11/11/2003 )
- Changes to the H-1B Program Beginning 10/1/03 ( 9/25/2003 )
- Special Registration Group 4 news ( 4/17/2003 )
- INS Implements the "K" Nonimmigrant Visa Provision of the LIFE Act ( 8/21/2001 )
- DOS ADVISORY ON UNLAWFUL PRESENCE IN COS/EOS CASES ( 6/16/2000 )
- Travel advisory for H and L visa holders with pending adjustment of status ( 5/31/2000 )
- Alert for H and L visa holders-dual intent ( 5/18/2000 )
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