New Russian Law Ends Inter-Country Adoptions Between Russia and the U.S.

December 28, 2012

U.S. Department of State expressed regret over Russia's passage of the Yakovlev Act, a law that ends inter-country adoptions between the U.S. and Russia, noting that American families have adopted over 60,000 Russian children over the past 20 years.  See the statement that the Department of State released this morning: http://www.aila.org/content/default.aspx?docid=42623&utm_source=AILA+Mailing&utm_campaign=3e19ba53c8-AILA8_12_28_12&utm_medium=email

Ciudad Juarez Field Office No Longer Accepts Form I-601 and I-212 Waiver Applications

December 20, 2012

Effective December 5, 2012, with limited exceptions, applicants in Mexico may no longer file Form I-601 when Consular Processing and applying for a hardship waiver or the associated Form I-212 at the USCIS Cuidad Juarez Field Office.  Applicants in Mexico must now file these waiver applications with the USCIS Phoenix Lockbox.  For more information see the following USCIS Press Release: http://www.aila.org/content/default.aspx?docid=42372&utm_source=AILA+Mailing&utm_campaign=ee90096df0-AILA8_12_6_12&utm_medium=email

H-1B: When Should Employers Start Thinking About the Cap?

 

December 3, 2012

There are 65,000 H-1B visas (and an additional 20,000 visas for individuals with advanced degree) available each federal fiscal year.  With the federal fiscal year starting October 1 of each year, employers may begin filing H-1B petitions as soon as 6 months prior to the start date, around April 1 of each year.  With that being said, it takes a couple of months to complete the preliminary H-1B process with the U.S. Department of Labor, specifically the filing of the Labor Condition Application and determining the appropriate prevailing wage.  

At TBLO, we recommend starting the H-1B conversation early on (the beginning of the year) to ensure that the petition packet is ready to be filed when the annual cap opens.  If this year was any indication of what to expect, the H-1B numbers will not hold up for very long but a few weeks.  Advice to the H-1B employers:  be well prepared and get the process started early! 

Eligible Nationals of Haiti Must Re-Register for TPS Status by November 30, 2012

November 28, 2012

USCIS reminds eligible nationals of Haiti (and those who last resided in Haiti) who currently have Temporary Protected Status (TPS) to re-register for TPS by 11/30/2012. A failure to re-register by this deadline may result in the loss of TPS status.  For more information please read the following:  

http://www.aila.org/content/default.aspx?docid=42252&utm_source=AILA+Mailing&utm_campaign=dfa8249839-AILA8_11_28_12&utm_medium=email

To Transfer or Not To Transfer? L-1 Intracompany Transferee Visa

November 23, 2012

For companies that have offices abroad and an office presence here in the U.S., L-1 intracompany transferee is a visa classification that will allow you to transfer one of your foreign national employees to the U.S. office and provide for a smooth application process with USCIS and the Consulate.  As  long as the foreign national employee has been employed at your foreign parent/subsidiary/affiliate for at leat one full year preceding the filing of the L-1 application and that person is acting in executive/managerial capacity or has specialized knowledge, L-1 provides for an excellent visa choice. 

L-1A (executive/managerial capacity) is a 7-year visa that provides a smooth path to permanent residence, if the required criteria is met.  L-1B (specialized knowledge) is a 5-year visa where foreign national may also be sponsored for permanent residence.

Not only large companies may benefit from this visa category.  If you have a successful business abroad and are looking to open an affiliate new office in the U.S., L-1 could be a visa option that will allow you to do that.  

What is K-1 Fiancé Visa All About?

November 10, 2012

The K-1 fiancé visa is available to foreign nationals interested in marrying U.S. citizens and residing permanently in the United States.  This visa type generally has shorter processing times compared to marriage-based immigrant visa petitions.  You are eligible for the K-1 fiancé visa if:

• You and your fiancé are legally eligible to marry under the laws of your country as well as the laws of the United States;
• You will marry the petitioning U.S. citizen within 90 days of entering the United States;
• You intend to enter the United States solely for purposes of marrying the U.S. citizen;
• You have met the U.S. citizen within the last two years before filing for the K-1 fiancé visa. This requirement can be waived only if meeting your fiancé in person would violate long-established customs, or would create extreme hardship for the petitioning U.S. citizen.

Your children may accompany you to the United States on a K-2 visa as long as they are named in the I-129F Petition for Alien Fiancé. 

H-1B Visa: Allows U.S. Employers To Hire Foreign National Professionals To Work in the U.S.

October 5, 2012

The H-1B is a non-immigrant visa that allows U.S. employers to temporarily employ foreign workers in a specialty occupation.  Currently the law provides for an annual cap on the H-1B category which is 65,000 visas. Not all H-1B nonimmigrants are subject to this annual cap. The quota does not apply to renewals and certain other applicants. The law also exempts up to 20,000 foreign nationals holding a Master’s or higher degree from the cap.  In addition, excluded from the cap are all H-1B non-immigrants who work at (but not necessarily for) Universities and non-profit research facilities.  Free Trade Agreements carve out 1,400 H-1B1 visas for Chilean nationals and 5,400 H-1B1 visas for Singapore nationals. However, if these reserved visas are not used, then they are made available in the next fiscal year to applicants from other countries.

The foreign worker must possess at least a Bachelor’s degree or its equivalent and state licensure, if required to practice in that field. The H-1B work-authorization is strictly limited to employment by the sponsoring employer. 

The H-1B visa is initially issued for a period of 3 years and may be extended up to 6 years.   An exception to maximum length of stay applies in certain circumstances:

• If a visa holder has submitted an I-140 immigrant petition or a PERM labor certification prior to their fifth year anniversary of having the H-1B visa, they are entitled to renew their H-1B visa in one-year or three-year increments until a decision has been rendered on their application for permanent residence;
• If the visa holder has an approved I-140 immigrant petition, but is unable to initiate the final step of the green card process due to their priority date not being current, they may be entitled to a three-year extension of their H-1B visa.

One of the reasons that makes the H-1B visa so desirable is that, unlike many other non-immigrant visa categories, it is a "dual intent" visa which means the H-1B worker may continue on to obtain a permanent resident status (“green card”).  In addition, this dual intent means that an H-1B visa will not be denied simply because a person has an intention to become a permanent resident.

If an H-1B worker quits or is his employment is terminated by the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, switch (“port”) to another employer, or leave the U.S. within a short period of time.

New Immigration Policy: Deferred Action for Childhood Arrivals

September 28, 2012

As of June 15, 2012 certain young people brought to the United States as children are eligible to request deferred action. Deferred Action for Childhood Arrivals (DACA) is a discretionary determination to defer removal action of an individual as an act of prosecutorial discretion. Under this process, U.S. Citizenship and Immigration Services (USCIS) will consider requests on a case-by-case basis. While this process does not provide lawful status or a pathway to permanent residence or citizenship, individuals whose cases are deferred will not be removed from the United States for a two-year period, subject to renewal, and may also receive employment authorization. To be considered for this process, you must demonstrate that:

• You came to the United States before reaching your 16th birthday;
• You have continuously resided in the United States since June 15, 2007, up to the present time;
• You were under the age of 31 as of June 15, 2012;
• You entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;
• You are currently in school, have graduated or obtained your certificate of completion from high school, have obtained your general educational development certification, or you are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
• You have not been convicted of a felony, significant misdemeanor, or three or more misdemeanors, and do not otherwise pose a threat;
• You were present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS.

For more information on the DACA initiative, please visit the Q&A presented by the American Immigration Council.

http://www.immigrationpolicy.org/just-facts/deferred-action-childhood-arrivals-qa-guide-updated