H-1B Season Is In Full Swing!

U.S. employers wishing to employ foreign national workers in the H-1B specialty occupation category starting October 1, 2014, cannot file the H-1B applications earlier than 6 months prior to the October 1^st start date, or prior to April 1, 2014.  There is an annual quota of 65,000 visas for foreign nationals in the general H-1B category and 20,000 for foreign nationals with an advanced degree (Master’s or higher).  Last year USCIS reached the quota for both the general and advanced degree H-1B categories within the first week of April 1, 2013 filing deadline, with the remainder of the applications being subject to a lottery. 


With U.S. economy having improved since the recession, it is projected that more U.S. employers will be onboarding new employees this year, including foreign national workers.  The demand for H-1Bs will be higher than in previous years, and the quota will probably once again be reached in the first week of April 1, 2014 for foreign national workers who wish to begin employment on October 1, 2014.  It would be wise for the U.S. employers to begin the H-1B process early on to ensure that the applications are filed by April 1, 2014.

Fate of Children of Deported Parents: Stark Reality

January 8, 2014

The Washington Post reports that concerns about the fate of children of deported parents are adding an emotional pitch to the call for a Comprehensive Immigration Reform.  According to a study by Human Impact Partners, in 2012 an estimated 150,000 U.S. citizen children had at least one illegal alien parent deported.  Advocates are urging Congress to create a path to legalization for undocumented immigrants, allowing separated family members to be reunited and to prevent children from having to lose their parent(s) to deportation.  Read The Washington Post article at http://www.washingtonpost.com/local/education/deportations-of-parents-can-cast-the-lives-of-us-citizen-kids-into-turmoil/2013/12/29/abdf23aa-6b4c-11e3-b405-7e360f7e9fd2_story.html

December Bulletin Is Here!

November 15, 2013

U.S. Department of State (DOS) released the Visa Bulletin for December 2013 this week. The employment-based visa category for India retrogressed from June 15, 2008 to November 15, 2004. There are small movements forward in the priority dates for family-based worldwide, China, and India visa preference categories.  Visit DOS’ website to view the current Visa Bulletin:  http://travel.state.gov/visa/bulletin/bulletin_1360.html

Foreign Travelers Entering the U.S. Will No Longer Be Issued Paper I-94 Cards!

November 6, 2013

Earlier this year U.S. Customs and Border Protection (CBP) automated Form I-94 at air and sea ports of entry in order to increase efficiency and streamline the admissions process.  The paper I-94 form will no longer be provided to foreign nationals entering the U.S., except in limited circumstances. The foreign national coming to the U.S. will be provided with a CBP admission stamp in his/her passport.  If the foreign national traveler needs a copy of the I-94 form (record of admission) for verification of alien registration, immigration status or employment authorization purposes, he/she may obtain it at www.cbp.gov/I94.  It is always prudent and a good idea to have a hard copy of the I-94 admission record!

November 2013 Visa Bulletin Released!

October 25, 2013

 

U.S. Department of State (DOS) released the Visa Bulletin for November 2013.  Most family-sponsored preference cut-off dates moved forward slightly and employment-based third preference (EB-3) and “Other Worker” categories for worldwide charges, China, and Mexico advanced to October 1, 2010.  The DOS chart offers the estimated total number of visas available for each employment preference category for FY2014, as well as the data used in determining cut-off dates for November 2013.

http://travel.state.gov/visa/bulletin/bulletin_6168.html

Are You Interested in Coming to the United States to Study?

August 30, 2013

If you are a foreign national interested in pursuing education (academic studies and/or language training programs) in the United States, F-1 student visa would allow you to do that.  F-1 international students must maintain a full course of study and demonstrate financial ability to support themselves during their stay in the United States.  Please keep in mind that the opportunities for legal off-campus employment are limited when you are in F-1 student status.   F-1 visas are adjudicated directly at the U.S. Embassy/ Consulate of the foreign national’s home country.

Prospective F-1 international student must apply to the SEVP registered school of his choosing and secure a Form I-20, as well as gather a number of other supporting documents, in order to apply for an F-1 visa at the U.S. Embassy/Consulate abroad.  Dependents of international students are issued F-2 visas that does not allow for any type of compensated employment.  However, minor children may attend public schools.  Whether you are interested in coming to the United States to attend High School, college or a language program, F-1 student visa is the nonimmigrant status to accomplish that!

Foreign Nationals Investing in the U.S.: Green Card Through Investment

August 12, 2013

Employment-based 5th preference category (EB-5) provides a method of obtaining permanent residence (green card) for foreign nationals who invest capital in the U.S. Foreign investor must invest $1,000,000 (or at least $500,000 in a "Targeted Employment Area"), creating or preserving at least 10 full-time jobs for U.S. workers, excluding the investor and his immediate family. Under the Pilot Program investment can be made directly in a job-generating commercial enterprise (new or existing), or into a "Regional Center," a third party-managed investment vehicle, which assumes the responsibility of creating the requisite jobs.

If the foreign investor's petition is approved by USCIS, the investor and his dependents will be granted conditional permanent residence valid for two years. Within 90 days prior to the expiration of the conditional permanent residence, the foreign investor must submit evidence documenting that the full required investment has been made and that 10 full-time jobs have been maintained, or 10 full-time jobs have been created or will be created within a reasonable time period.  EB-5 makes for an excellent vehicle to secure permanent residence in the U.S. for the investor and his family.