Immigration resource news magazine for United states of america» Citizenship

Implementing New Immigration Policy on Referral for Removal/Deportation

Tiyalaw — Wed, 26 Sep 2018 23:12:37 +0000

Implementing New Immigration Policy on Referral for Removal/Deportation

On October 1, 2018, U.S. Citizenship and Immigration Services (USCIS) will begin implementing updated immigration policy (issued on June 28, 2018) on removal (deportation).

A removal proceeding is initiated by filing a Form I-862, Notice to Appear (NTA) with the Immigration Court. Although U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) have authority to issue NTAs, USCIS may also initiate NTAs.

Generally, NTA issuance applies to following situations:

1. National security cases.

2. USCIS will continue to issue NTAs in the following circumstances:

(a) Termination of Conditional Permanent Resident Status and Denials of Form I-751, Petition to Remove the Conditions of Residence (8 CFR §§ 216.3, 216.4, 216.5).

(b) Termination of Conditional Permanent Resident Status and Denials of Form I-829, Petition by Entrepreneur to Remove Conditions on Permanent Resident Status (8 CFR § 216.6).

(d) Denials of Nicaraguan and Central American Relief Act (NACARA) Section 202 and Haitian Refugee Immigration Fairness Act (HRIFA) adjustment of status applications: 1. NACARA 202 adjustment denials (8 CFR § 1245.13(m)); 2. HRIFA adjustment denials (8 CFR § 245.15(r)(2)(i)).

(e) Asylum, NACARA Section 203, and Credible Fear cases

3. Fraud, Misrepresentation, and Abuse of Public Benefits Cases under various circumstances.

(a) Criminal cases/issues under various circumstances

4. Denial of N-400 under various circumstances including, but are not limiting to:

(a) Good moral character (GMC) grounds based on the underlying criminal offense, and that the alien is removable.

(b) Ineligible for naturalization such as inadmissible at the time of adjustment or admission to the United States.

5. Upon issuance of an unfavorable decision for an application, petition, or benefit request, and the alien is not lawfully present in the United States, USCIS will issue an NTA. For examples, I-485 application for adjustment of status, I-539 application to extend or change nonimmigrant status

6. Other miscellaneous circumstances including, but are not limiting to: Upon request by a foreign national on a limited and discretionary basis.

7. The NTA policy issued on June 28, 2018 will not be implemented with respect to employment-based petitions and humanitarian applications and petitions at this time – existing guidance for these case types will remain in effect.

For additional information, please visit:

https://www.uscis.gov/news/alerts/uscis-begin-implementing-new-policy-memorandum-notices-appear

and

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-06-28-PM-602-0050.1-Guidance-for-Referral-of-Cases-and-Issuance-of-NTA.pdf

September 26, 2018

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 & info at tiyaimmigration dot com; Tel (from abroad): 001-7037728224;

https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

Aik Wan Kok at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration Law. We focus on diverse immigration cases such as extraordinary ability; national interest waiver; PERM; green card; N-400 Naturalization; various waivers; H cases; L executive, manager and specialized knowledge professional; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center.

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Immigration Help Due to Hurricane Florence and Typhoon Mangkhut

Tiyalaw — Wed, 19 Sep 2018 20:37:33 +0000

Immigration Help Due to Hurricane Florence and Typhoon Mangkhut

U.S. Citizenship and Immigration Services (USCIS) will expedite or provide discretionary services of immigration cases impacted by unforeseen or extreme situations, or natural disasters such as the Hurricane Florence and Typhoon Mangkhut.

Upon request either during or after filing an immigration case, USCIS may provide the following discretionary services:

USCIS may excuse a delay in applying for the extension or change of nonimmigrant status before an authorized period of admission expires if it was due to extraordinary circumstances beyond the nonimmigrant’s control;
Re-parole of individuals previously granted parole by USCIS;
Expediting processing of advance parole requests;
Expediting adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expediting adjudication of employment authorization applications;
Considering fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence (RFE) or a Notice of Intent;
Rescheduling an interview with USCIS;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

For additional information, please visit:

https://www.uscis.gov/news/alerts/immigration-services-available-those-affected-hurricane-florence-or-typhoon-mangkhut

and

https://www.uscis.gov/humanitarian/special-situations

September 19, 2018

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Immigration Help for Those Affected by California Wildfires

Tiyalaw — Wed, 15 Aug 2018 19:45:24 +0000

Immigration Help for Those Affected by California Wildfires

U.S. Citizenship and Immigration Services (USCIS) will expedite or provide discretionary handling of immigration cases impacted by unforeseen or extreme situations, or natural catastrophes such as the recent California wildfires.

Expedite or discretionary request may be made during or after filing an immigration case.

Upon request, USCIS will provide the following on a discretionary basis:

Changing or extending a nonimmigrant status in the U.S.: If you don’t apply for the extension or change before your authorized period of admission expires, USCIS may excuse a delay in applying for the extension or change before an authorized period of admission expires if it was due to extraordinary circumstances beyond the nonimmigrant’s control;
Re-parole of individuals previously granted parole by USCIS;
Expediting processing of advance parole requests;
Expediting adjudication of requests for off-campus employment authorization for F-1 students experiencing severe economic hardship;
Expediting adjudication of employment authorization applications;
Consideration of fee waivers due to an inability to pay;
Extension of response time or acceptance of a late response to a Request for Evidence or a Notice of Intent;
Rescheduling an interview with USCIS;
Expediting replacement of lost or damaged immigration or travel documents issued by USCIS, such as a Permanent Resident Card (Green Card); and
Rescheduling a biometrics appointment.

For additional information, please visit: https://www.uscis.gov/humanitarian/special-situations

August 15, 2018

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Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Tiyalaw — Tue, 17 May 2016 21:39:16 +0000

Expedited U.S. Citizenship for Certain U.S. Military Members & Their Families

Under special immigration law provisions, members and certain veterans of the U.S. armed forces and their dependents (spouses and children) may be eligible for U.S. citizenship including expedited and overseas processing. Certain general naturalization requirements may be waived or diminished. Among meeting other requirements, a military-service applicant may apply for naturalization having served honorably in active-duty status, or as a member of the Selected Reserve of the Ready Reserve for any amount of time during a designated period of hostilities; and have been separated honorably if separated from the U.S. armed forces. Other military-service members who have served honorably in the U.S. armed forces at any time may apply for naturalization upon meeting certain requirements.

Additionally, it is possible for posthumous naturalization (naturalization after death) if the individual served honorably in the US. Armed forces, and died due to injury or disease incurred while serving in an active duty status during specified periods of military hostilities.

Normally, individuals of U.S. armed forces and military services that qualify for the citizenship provisions above are in the U.S. Army, Navy, Air Force, Marine Corps, Coast Guards, and certain components of the National Guard, and the Selected Reserve of the Ready Reserve.

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; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://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 nationwide 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 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; 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; 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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Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? US Immigration Relief Measures for Earthquakes

Tiyalaw — Tue, 26 Apr 2016 17:20:23 +0000

Affected by Earthquakes in Japan, Ecuador and Burma (aka Myanmar)? US Immigration Relief Measures for Earthquakes

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 following temporary immigration relief or measures are available upon request:

Affected people who are currently in the U.S. may apply to change or extend their nonimmigrant status, even if their filing is made after an authorized period of admission has expired.
Affected people granted parole may apply for a re-parole.
Affected applicants for advance parole documents may request for expedited processing.
Affected F-1 students experiencing severe economic hardship may request for expedited adjudication of their off-campus employment authorization.
Affected people may request for expedited adjudication of their employment authorization application.
Affected people without an ability to pay for an application fee may request for a fee-waiver consideration.
Affected people who were unable to appear for an interview or respond to the immigration, and have received a Request for Evidence or a Notice of Intent to Deny, may submit timely evidence of being affected by the above natural disaster.
Affected people with 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 for a replacement if the lost and damage was not their fault.

All the above applicants must file their applications through the regular immigration process. They must 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; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://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 in naturalization/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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Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions

Tiyalaw — Wed, 21 Jan 2015 22:13:37 +0000

Experiencing Green Card Delays? Waiting for Immigrant Visa Numbers? Opening a business or investing in the U.S.? Are you an Inventor or skilled worker in the U.S.? November 20, 2014 Executive Actions

The President announced various executive actions on November 20, 2014 relating to, among other things, green card and temporary visa matters. Some of them are outlined below.

The executive actions are calling for the U.S. Citizenship and Immigration Services (USCIS) to work with the U.S. Department of State (DOS) to make efficient use of authorized immigrant visa numbers, and better determination of immigrant visa number availability. Various types of green card cases are subject to visa number quota. [Hopefully, the changes may improve visa number availability such as immigrant visa numbers becoming current.]

Additionally, the executive actions are requesting the USCIS to relax job or adjustment portability for delayed or lengthy adjustment of status cases. I-485 Adjustment of Status is the final stage in a green card process. Many adjustment cases remain pending or are delayed because of immigrant visa number unavailability (immigrant visa number not current). Currently, a foreign national in an employment green card may change or port to a different employer before his/her green card is approved, when the adjustment case has been pending for a certain period of time. Presently, such job change or portability is restricted to the same or similar green card job classification, which is narrowly interpreted. Thus, a foreign national who has changed job under the adjustment-of-status portability but who does not have an H-1B or another temporary work visa for the new job may possibly face removal or deportation proceeding. [Hopefully, the changes may allow eligible adjustment applicants to transfer or port to a wider range of jobs.]

In improving the U.S. economy, the executive actions are asking the USCIS to:

Clarify the standard for green card national interest waiver cases for founders of start-up businesses, foreign investors or researchers. National interest waiver is a process for an eligible foreign national who has an advanced degree or exceptional ability to apply for green card without the PERM permanent labor certification process. His/her contributions or skills must be of U.S. national interests. [Hopefully, these changes may mean widening the range of evidence that would constitute exceptional ability or U.S. national interests.]
Parole, on a case-by-case basis, eligible founders of start-up businesses, foreign investors or researchers. This is for a foreign national who has not yet met the national interest waiver standard, and:

(a) Who has been awarded substantial U.S. investor financing; or

(b) Who has the potential for innovation and job creation through the development of new technologies or cutting-edge research.

Spouses of certain H-1B employees who are in certain green card process may apply for work permit (employment authorization document/EAD). H-1B visa is for job that requires at least a bachelor’s degree or equivalent in a relevant field.

There may be further clarification and consistency on what constitutes specialized knowledge for employee transferring from company overseas into the U.S.

The above executive actions are not effective yet. The government will provide further clarifications and guidelines in the coming months. Please stay tune and sign up for our eNews for future updates.

For additional information on other types of recent executive actions, please visit: https://immigrationresource.net/in-the-u-s-illegally-need-to-fix-u-s-immigration-status-consider-applying-for-dapa-around-may-19-2015-expanded-daca-february-18-2015/

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; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://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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In the U.S. Illegally? Need to fix U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 or Expanded DACA February 18, 2015.

Tiyalaw — Fri, 16 Jan 2015 16:03:36 +0000

In the U.S. Illegally? Need to fix U.S. Immigration Status? Consider Applying for DAPA Around May 19, 2015 or Expanded DACA February 18, 2015.

The President announced several executive actions on November 20, 2014.

Parents without immigration status or who are illegally present in the U.S. (undocumented parents) of U.S. citizens or green card holders may request deferred action from removal or deportation under DAPA. They can also apply for a 3-year work permit (employment authorization document/EAD). DAPA stands for Deferred Action for Parental Accountability Program. They must have no immigration status on November 20, 2014. They must be parents of U.S. citizens or lawful permanent residents/green card sons or daughters 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 people who are illegally present in the U.S. (undocumented individuals) 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. 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 means Deferred Action for Childhood Arrivals. DACA applies to certain individuals who has no immigration status or are illegally in the U.S., and who arrived in the U.S. as a child (before 16 years old). Eligible DACA applicants may apply for deferred action from deportation or removal, and 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 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.

Need help with green card, work visa, work permit, illegal immigration status, sponsoring family, sponsoring employee, sponsoring relative, hardship waiver, and marriage waiver? Need help with filings to or cases at USCIS, Department of Labor (DOL), 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 to, 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; E treaty investors or traders for business owners; new, start-up businesses; B-1 business visitor to the U.S. for business or legitimate activities; B-2 tourist visiting the U.S. for holiday; F-1 student coming to study in the U.S.; consular processing with U.S. consulates; consular processing via National Visa Center; 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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Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

Tiyalaw — Tue, 23 Dec 2014 16:02:47 +0000

Get Ready to Apply 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 of U.S. citizens and lawful permanent residents 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 born on or before November 20, 2014. Among other things, such parents must also have been continuously residing 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 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 departing the U.S. for immigrant-visa consular processing. The waiver is for time bar that would have been triggered by by departing the U.S. after having certain period of unlawful presence in the U.S. The expanded provisional waiver is including those who have resided 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. 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 residing 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 have not yet been implemented. Applications based on these new executive actions cannot be filed at this time until the anticipated dates above. The government will provide guidelines in the coming months. The guidelines may provide additional criteria. 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.

We represent employers, companies, and individuals and families in green card, citizenship/naturalization, and work visa matters in U.S. Immigration & Nationality Law. We also have a focus on naturalization and green card cases such as extraordinary ability, national interest waiver, PERM, family, and waiver cases. Additionally, we focus on temporary visas such as work visas, family visas, nonimmigrant visas, and waiver matters.

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USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015

Tiyalaw — Wed, 17 Dec 2014 00:44:35 +0000

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.

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.

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PROPOSED IMMIGRATION REFORM SUMMARY: “BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”

Tiyalaw — Wed, 17 Apr 2013 23:01:12 +0000

PROPOSED IMMIGRATION REFORM SUMMARY

“BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”

On April 17, 2013, the U.S. Senate introduced proposed immigrant reform in an Immigration Bill: “Border Security, Economic Opportunity, and Immigration Modernization Act”. The proposed law included, but are not limited, to the following:

REGISTERED PROVISION IMMIGRANT (RPI)

A. Registered Provision Immigrant (RPI) status for undocumented persons in U.S. prior to December 31, 2011:

1. Eligibility:

(a) Continuous physical presence since December 31, 2011- certain exceptions apply such as brief trips after December 31, 2011.

(b) Derivative spouses and unmarried children also eligible if physically present when principal granted and present on December 30, 2012.

(c) Can apply for RPI status from outside U.S. if physically present in U.S. prior to December 31, 2011, were deported for non-criminal reason, and have USC or LPR spouse or child.

(d) Current removal proceedings or reinstatement does not bar eligibility.

(e) Public charge, labor certification and documentation requirements grounds of inadmissibility do not apply.

(f) Unlawful entry, stowaways, misrepresentation, and other grounds of inadmissibility do not apply unless inadmissible conduct after statute enacted.

(g) Failure to attend removal proceeding or prior removal grounds of inadmissibility does not apply unless after date of registration.

2. Ineligibility:

(a) If convicted of three misdemeanors or one felony, aggravated felony, voted unlawfully, national security, or health-related grounds — minor traffic offenses excepted AND conviction does not include an expungement.

(b) If green card status, refugee, valid non-immigrant status – except TPS status.

(c) Subject to grounds of inadmissibility not specifically exempted, but waivers available non-criminal, non-security related grounds of inadmissibility based on humanitarian concerns, family unity, public interest

3. Advantages:

(a) RPI status allows for protection from deportation, detention, work authorization, travel.

(b) No accrual of unlawful presence.

4. Application Process:

(a) Application period will be for one year after final regulation (possible 18 month extension).

(b) Pay filing fee, $500 penalty, and accessed taxes.

(d) Filing fee required for those 16 years old and over

(e) Biometrics and biographic will be conducted.

(f) Interview

5. Extension:

(a) RPI status renewable for an additional 6 year period upon payment of filing fee, $500 penalty, remains eligible, and maintenance of regular employment.

6. DACA Recipients’ Provisions:

(a) DHS may grant RPI status to DACA recipient if national security clearances and law enforcement clearances completed and no conduct since DACA approval that would make person ineligible for RPI.

B. Can apply to adjust to Green Card status after 10 years:

Some of the conditions included, but are not limited to:

Clearing of current family-based backlog and other matters.
Demonstrate continuous residence, payment of taxes, regular employment in U.S or poverty guidelines income, knowledge of English and civics, remains eligible for RPI (no denial or revocation).
Payment of filing fee and $1,000 penalty.
After 3 years, may apply for Naturalization after Green Card status.

DREAM ACT & GREEN CARD

DREAM ACT & applying for Green Card status for certain noncitizens who entered the U.S. as children:

1. Eligibility:

(a) RPI for five years.

(b) Younger than age 16 on date of initial entry to U.S.

(d) Has higher education degree or at least 2 years in good standing toward higher education degree; or has served in uniformed services for at least 4 years and, if discharged, received an honorable discharge. An exemption from this requirement is available based on hardship.

(e) Listing each secondary school attended in U.S.

(f) Has knowledge of civics and English; exception for physical or developmental disability.

(g) Time in RPI status can be considered as Green Card status for naturalization eligibility.

AGRICULTURAL WORKERS

1. Eligibility:

(a) Farmworkers who have been working in the U.S. for 100 “work days” in the last two years can qualify for Agricultural Card Program.

(b) They can apply for Green Card status after working in agricultural employment for either three years (at least 150 days/year) or five years (at least 100 days/year), show payment of taxes, no serious criminal conviction, and $400 fine.

(d) This streamlined agricultural guest worker program to replace current H-2A program and ensure adequate supply of farm laborers as well worker protections.

(e) W-2 visas will be for contract laborers; and W-3 visas will be for portable, at-will employment.

NONIMMIGRANT WORK VISA

Proposing an increase in annual cap on H-1B visas from 65,000 to 110,000 with gradual rise to 180,000 based on a High Skilled Jobs Demand Index
Protections for U.S. domestic workers by requiring employers to pay higher wages and undergo recruitment of U.S. workers.
Allocating more visas for those with degrees in science, technology, engineering, or mathematics (STEM), which could lead to Green Card status.
Providing a new W visa category for lower-skilled workers and their dependents.

Initial W visa will be for 3 years, extension available if not unemployed for more than 60 consecutive days.

Eligible employers must be registered and comply with worker protections.

There will be annual caps of W visas for first four years, beginning April 1, 2015 (20,000 for first year; 35,000 second year; 55,000 third year; 75,000 fourth year).

There will be a newly established Bureau of Immigration and Labor Market Research that will determine annual cap of W visas, declare shortage occupations, influence recruitment methods.

EMPLOYMENT VERIFICATION

Mandatory employment verification system (E-Verify) will be required. All employers must comply within five-years of issuance of implementing regulations; time frame varies depending on number of employees.
Non-citizens must show biometric work authorization card at time of hiring and be photo-matched with system.
U.S. citizens will undergo photo-matching of passports or drivers licenses.
Social security numbers will be “locked” into E-Verify system.

NATURALIZATION

English and civics requirements will not apply to: (a) those with mental or physical impairment ; or (b) 65 or older, been a Green Card holder for at least 5 years (new)
Civics requirement can be waived for anyone who’s at least 60 and has been an LPR for 10 years (new).
English not necessary if: (a) At least 50, and Green Card status for 20 years; (b) At least 55, Green Card status for 15 years; (c) At least 60, Green Card status for 10 years (new).

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship.

April 17, 2013: 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; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; http://immigrationresource.net

We represent employers, 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; work and related visa matters such as H, L, P, O, E, K.