Immigration resource news magazine for United states of america» Green Card via Work

USCIS Met FY 2020 H-1B Cap

Tiyalaw — Fri, 05 Apr 2019 22:23:15 +0000

USCIS Met FY 2020 H-1B Cap

On April 5, 2019, USCIS had received sufficient H-1B visa cap petitions for the 2020 fiscal year (FY), to meet the annual 65,000 H-1B visa cap and the 20,000 H-1B visa master’s cap (U.S.-advanced-degree visa exemption).

U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Visa Petitions on April 1, 2019.

H-1B visa petitions that are not selected will be rejected and returned with their filing fees.

What is an H-1B?

H-1B petitions are temporary work visas for positions requiring theoretical or technical expertise in specialized fields for qualified foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain lawful permanent residence status (also known as, green card).

Foreign nationals with at least a bachelor’s degree or the equivalent may be sponsored for H-1B visas. A broad range of positions may fall under H-1B specialty occupations, and each case depends on a position’s own set of circumstances necessitating complex legal analysis.

Some H-1Bs Are Not Subject to H-1B Visa Cap

Not all H-1B petitions are subject to the visa cap, depending on the types of H-1B petition being filed or entity-sponsor. For examples, when applicable, 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 work visas are approved for three years each time (up to a total of 6 years). Under certain circumstances, H-1B work visas may be extended beyond the 6-year maximum time limitation.

H-1Bs Not Selected or Filed When All H-1B Visa Numbers are Used Up

Potential H-1B candidates who do not make it to the 2020 FY H-1B visa cap (October 1, 2019 employment start-date) have the options to have their H-1B cap visa petitions submitted or resubmitted to USCIS on or after April 1, 2020 (October 1, 2020 employment start-date) for the FY 2021 H-1B visa cap. They may also consider other immigration options such as other temporary or green card status, if eligible.

For more information on USCIS H-1B Cap selection process, please visit:

https://www.uscis.gov/working-united-states/temporary-workers/h-1b-specialty-occupations-and-fashion-models/h-1b-fiscal-year-fy-2020-cap-season

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: 703-772-822four & 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; various green cards; N-400 Naturalization; various waivers; Hs; L executive, manager and specialized knowledge professionals; E treaty investor/trader; cases with USCIS, U.S. Department of Labor, U.S. Consulates and National Visa Center; and many more.

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L-1 One-Year Foreign Employment Requirement

Tiyalaw — Fri, 30 Nov 2018 04:37:14 +0000

L-1 One-Year Foreign Employment Requirement

Recently, U.S. Citizenship and Immigration Services (USCIS) clarified the “one-year foreign employment” for an L-1A intracompany transferee as follows:

1. The L-1 Beneficiary must be physically outside the U.S. during the continuous one-year foreign employment, except for brief visits to the U.S. Additional days of foreign employment must be accrued to account for the brief visits to the U.S.

2. The L-1 Beneficiary must have been employed abroad by a qualifying organization for at least one continuous year out of the three (3) years when the “initial L-1” is being “filed” to USCIS, regardless of when the L-1 Beneficiary was or will be admitted to the U.S.

3. Additionally, the 3-year period is calculated as below:

(a) If L-1 Beneficiary is already in the U.S. working in a non-L-1 nonimmigrant work status (e.g. H-1B or E-2) for the qualifying organization, the 3-year period is to look back 3 years from the non-L-1 nonimmigrant work status (e.g. H-1B or E-2).

(b) The 3-year period is to look back for 3 years from the date of filing the initial L-1 Petition:

(i) If L-1 Beneficiary is working in the U.S. for the qualifying organization in an L-2 dependent status of L-1 or F-1 student such as Optional Practical Training.

(ii) If L-1 Beneficiary is already in the U.S. working for an unrelated organization or not working.

(iii) If it is an L-1 extension.

4. Moreover, if an L-1 Beneficiary stops working for the qualifying organization as a principal beneficiary for a period of more than two years during the three years preceding the petition filing, the one-year foreign employment requirement will not be met. Such an L-1 Beneficiary must start another one-year employment in a managerial, executive, or specialized knowledge capacity with the qualifying organization abroad to qualify for an L-1 Petition.

USCIS is a part of DHS. USCIS administers the U.S. lawful immigration system such as adjudicating requests for immigration benefits.

For additional information, please visit:

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-11-15-PM-602-0167-L-1-foreign-employment-requirement.pdf

November 29, 2018

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

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Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Tiyalaw — Thu, 27 Sep 2018 07:00:27 +0000

Proposed Law on Public Charge for Denying Cases for More Current and Potential Welfare Benefits Recipients

Recently, U.S. Citizenship and Immigration Services (USCIS) proposes new law to widen the “public charge” determination for recipients of various welfare benefits. Those who are likely to become a “public charge” at any time in the future will be inadmissible and disqualify from various immigration green card applications, admissions, visas; and nonimmigrant change of status and extension of stay.
USCIS will publish the effective date for proposed rules upon completing public comments and reviews.

The public benefits (beyond certain thresholds) that are covered by the proposed “public charge” determination includes:

Receipt of designated public benefits, including cash assistance for income maintenance, Medicaid (with limited exceptions for Medicaid benefits paid for an “emergency medical condition,” and for certain disability services related to education), Medicare Part D Low Income Subsidy, the Supplemental Nutrition Assistance Program (SNAP, or food stamps), any benefit provided for institutionalization for long-term care at government expense, Section 8 Housing Choice Voucher Program, Section 8 Project-Based Rental Assistance, and Public Housing. Generally, these covered benefits represent the largest Federal programs for low-income people by total expenditure that address basic living needs such as income, housing, food, and medical care.
Under the proposed rule, receipt of public benefits that are not covered by the 1999 Interim Field Guidance (i.e., Medicaid, the Medicare Part D Low Income Subsidy, SNAP, and the designated housing benefits) would not be considered for public charge purposes. Only such benefits receipt that occurred after a final rule becomes effective will be considered public charge.

The proposed rules will not affect foreign nationals specifically exempted from the public charge ground of inadmissibility, such as refugees, asylees, Afghans and Iraqis with special immigrant visas, nonimmigrant trafficking and crime victims, individuals applying under the Violence Against Women Act (VAWA), and special immigrant juveniles; and also excludes consideration of benefits received by U.S. citizen children of aliens who will acquire citizenship under either section 320 or 322 of the INA, and by alien service members of the U.S. Armed Forces.

Additionally, most lawful permanent residents would not be subject to inadmissibility determinations; certain exceptions apply.

For additional information, please visit:

https://www.uscis.gov/legal-resources/proposed-change-public-charge-ground-inadmissibility

September 22, 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

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; Direct dial from abroad: 001-703-7728224; 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 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

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; Direct dial from abroad: 001-703-7728224; 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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Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

Tiyalaw — Wed, 04 Apr 2018 02:27:11 +0000

Still Waiting for Green Card, Work Permit or Travel Document in the Mail? USCIS Will Destroy Them After 60 Days When Returned Undelivered

If a Green Card, work permit or travel document has been approved, and the document has not arrived in the mail, please note the following.

Starting April 2, 2018, USCIS will destroy Permanent Resident Cards (Green Cards), Employment Authorization Cards (Work Permits), and Travel Documents (international travels) that are returned as undelivered by the U.S. Postal Service after 60 days if Applicants haven’t contacted USCIS to provide a correct address. In general, Applicants are encouraged to report an address change within 10 days at http://uscis.gov/addresschange . USCIS National Customer Service Center (NCSC) telephone is 1-800-375-5283.

U.S. Citizenship and Immigration Services (USCIS) is a part of the U.S. Department of Homeland Security (DHS). USCIS administers the U.S. lawful immigration system.

For additional information on this matter, please visit USCIS at https://www.uscis.gov/news/alerts/undeliverable-permanent-resident-and-employment-authorization-cards-and-travel-documents-be-destroyed-after-60-days

April 3, 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: 703-772-822four & email to info at tiyaimmigration dot com; Direct dial from abroad: 001-703-7728224; https://www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; https://immigrationresource.net

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 focus on diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 Adjustment Applications; I-765 work permit; 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; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; other waivers; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID), and others.

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Green Card for Multinational Manager or Executive or L-1A Intracompany Transferee – New USCIS Clarifications on EB-1C

Tiyalaw — Fri, 23 Mar 2018 02:24:01 +0000

Green Card for Multinational Manager or Executive or L-1A Intracompany Transferee – New USCIS Clarifications on EB-1C

Generally, a multinational manager or executive (L-1A intracompany transferee) who has worked outside the U.S. for a qualifying multinational organization for at least one (1) out of the three (3) years may apply for an immigrant petition to be a U.S. permanent resident under employment-based classification 1 (EB-1C). This is pursuant to Section 203(b)(1)(C) of the Immigration & Nationality Act (INA).

Lawful permanent residence is also known as Green Card. There are many ways for foreign nationals to apply for Green Cards in and to the U.S., and EB-1C multinational manager or executive is just one of them. An EB-1C Green Card is initiated by a qualifying employer by filing an I-140 Immigrant Petition for Alien Worker. After complying with the qualifying period as a Green Card holder, a person is eligible to apply for naturalization to be a U.S. citizen. Once a person is naturalized, he/she may apply for a U.S. passport.

If the beneficiary is outside the United States at the time of filing the Green Card, the multinational manager or executive’s one-year qualifying foreign employment must have occurred within the three years preceding the filing of the petition. 8 C.F.R. § 204.5(j)(3)(i)(A). If the multinational manager or executive is already working in the United States in L-1A status for the L-1A employer-petitioner, or its affiliate or subsidiary, at the time of filing filing the Green Card, the employer-petitioner must demonstrate that the L-1A multinational manager or executive’s one-year qualifying foreign employment must have occurred within the three years preceding his or her entry as a nonimmigrant. See 8 C.F.R. § 204.5(j)(3)(i)(B).

An intracompany transferee of specialized knowledge who is not a multinational manager or executive such as those under L-1B does not qualify for Green Card under EB-1C.

The approval of an immigrant petition for multinational manager or executive with the eventual approval of I-485 Applications for Adjustment of Status in the U.S. or approval of immigrant visas consular processing, will confer the multinational manager or executive and his/her qualifying family members with Green Cards.

Recently, the U.S. immigration clarifies that if the multinational manager or executive leaves the qualifying employer for more than two (2) years after working with a qualifying employer for at least one (1) year, he/she will not qualify for Green Card under EB-1C even if he returns to the same qualifying employer. This ineligibility applies regardless if the interruption of employment happened prior to multinational manager or executive’s admission as a nonimmigrant or after his/her entry to the United States. To qualify again, the multinational manager or executive must complete another year of qualifying employment with the qualifying employer outside the U.S., before being eligible to apply for Green Card under EB-1C. However, an employee whose break in continuous employment with the qualifying employer is less than 2 years may still be eligible to apply for EB-1C.

This U.S. immigration clarification is published as a policy memorandum on March 22, 2018 by U.S. Citizenship and Immigration Services (USCIS) based on The Administrative Appeals Office (AAO) immigration adjudication of the Matter of S-P-, Inc., Adopted Decision 2018-01 (AAO Mar. 19, 2018) on March 19, 2018. This AAO adjudication is utilized as a form of policy memorandum by USCIS serving as a guidance only, and does not create any rights to Green Card. Each case is adjudicated on a discretionary basis by USCIS. For further information on the Matter of S-P-, Inc., please see

https://www.uscis.gov/sites/default/files/USCIS/Laws/Memoranda/2018/2018-03-19-PM-602-0158-Matter-of-S-P.pdf

Even though not all immigration cases are appealed to the AAO, AAO has appellate jurisdiction over approximately 50 different types of immigration case. AAO is under the jurisdiction of the U.S. Department of Homeland Security (DHS). USCIS is a part of DHS. Certain immigration cases are appealed to the U.S. Department of Justice (DOJ) such as the Board of Immigration Appeals (BIA).

March 22, 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; 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, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; N-400 Naturalization/Citizenship; N-648 Medical Waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence (RFE); NOID Notice of Intention to Deny (NOID); and many more.

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New Interview Requirement for Certain Permanent Residency Cases

Tiyalaw — Tue, 29 Aug 2017 15:55:49 +0000

New Interview Requirement for Certain Permanent Residency Cases

Further U.S. immigration restriction is taking place. On August 28, 2017, U.S. Citizenship and Immigration Services (USCIS) announced that, starting from October 1, 2017, it will begin in-person interviews of certain lawful permanent residence applications, as outlined below. Previously, in-person interviews were not necessary for USCIS adjudication under these categories. Also, USCIS is working on additional incremental expansion of interviews to other types of cases.

Employment-based adjustment of status applications (I-485).
Refugee/asylee relative petitions (Form I-730, Refugee/Asylee Relative Petition) for beneficiaries who are in the United States and are petitioning to join a principal asylee/refugee applicant.

The phase-in of these in-person interviews is for compliance of Executive Order 13780, “Protecting the Nation From Foreign Terrorist Entry Into the United States,” as part of larger screening procedure to further improve the detection and prevention of fraud in the immigration system.

USCIS will use the in-person interviews to verify information on an application to discover new, relevant information, and to determine the credibility of the individual applying for U.S. permanent residency.

August 28, 2017

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: seven zero three – 772-8224 & info at tiyaimmigration dot com; Direct dial from abroad: 001-703-772-8224;

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, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and many more.

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New U.S. Immigration Restrictions are Setbacks for Humanity & US Revenue: Famous Children’s-Book Author (Mem Fox), and Former Norwegian Prime Minister Detained for Questioning by U.S. Immigration

Tiyalaw — Tue, 28 Feb 2017 17:04:07 +0000

New U.S. Immigration Restrictions are Setbacks for Humanity & US Revenue: Famous Children’s-Book Author (Mem Fox), and Former Norwegian Prime Minister Detained for Questioning by U.S. Immigration

U.S. has enjoyed a diverse talented workforce, and vibrant immigration history, ancestry and economy. The new immigration restrictions are a setback to humanity and U.S. revenue.

The new immigration restrictions, and the unnecessary border detention and interrogation will deter international tourism and future talented workforce, important sources of U.S. revenue.

According to data from the World Trade Organization (UNWTO), a specialized agency of the United Nations, the U.S. international tourism brought in US$1.5 trillion of income in 2014. The new immigration restrictions will dampen international tourism.

For examples, due to the effects of new U.S. immigration restrictions, recently in February 2017, the famous and beloved children’s-book author, Ms. Mem Fox, was detained for a long time by U.S. Immigration (U.S. Customs and Border Protection) (CBP) at the Los Angeles airport, for questioning. Ms. Fox is the celebrated author of children’s books such as Possum Magic, and Ten Little Fingers and Ten Little Toes. Ten Little Fingers and Ten Little Toes was an official gift from Australia to the British royal couple, William and Kate, to welcome their new son (Prince George). During the unfortunate CBP immigration detention, Ms. Fox was visiting America for a conference where she was scheduled to deliver a keynote speech on teaching children to read. According to interviews conducted by reputable news media with Ms. Fox, Ms. Fox says she can’t imagine traveling to the U.S. again.

Similarly, in January 2017, in an effort to implement the new immigration restrictions, CBP at Washington’s Dulles International Airport unnecessarily prolonged the immigration detention and interrogation of former Prime Minister of Norway, Mr. Kjell Magne Bondevik, because of his prior Iranian visa in his diplomatic passport. Mr. Bondevik visited Tehran to speak at an anti-extremism conference. As a former leader of a European nation, Mr. Bondevik is also the president of a major human rights organization and the owner of a diplomatic passport. Based on interviews of Mr. Bondevik by CNN, Mr. Bondevik had deep concerns regarding the new U.S. immigration restrictions.

CBP is a U.S. law enforcement agency for border management and control, combining customs, immigration, border security, and agricultural protection. With over 60,000 employees, CBP is one of the world’s largest law enforcement organizations.

In 2011, immigrants made up of 12.8 percent of the U.S. population, but 15.9 percent of the workforce, according to National Conference of State Legislatures (NCSL). Notable foreign-born professionals in just one industry alone who contributed to the U.S. economy included, but are not limited to, big names such as Terminator’s and Total Recall’s Arnold Schwarzenegger, former James Bond’s star Pierce Brosnan, Silence of the Lamb’s Anthony Hopkins, Selma Hayek, Catherine Zeta-Jones, and Rachel Weisz of the mega movie “The Mummy”.

The U.S. enjoys continuous growth in GDP, according to data from the Bureau of Economic Analysis (BEA) of the U.S. Department of Commerce. The new immigration restrictions, together with the unnecessary border detention and interrogations, are bludgeoning the applications for admissions into the U.S. by international visitors. In the near future, the U.S. may not achieve or exceed the 2014 US$1.5 trillion of income it has derived from international tourism. These immigration restrictions are a turn-off to talented foreigners, discouraging them from applying their expertise within the U.S. As such, these new immigration restrictions are also disadvantageous to the long-term U.S. GDP.

Given the current immigration maelstrom, please contact an immigration attorney prior to travelling to the U.S.

February 28, 2017

This article is intended for informational purposes only, and should not be relied on as legal advice or attorney-client relationship. By Aik Wan Kok, Lawyer USA Immigration Services, at Tiya; Tel: 703-772-8224 & info at tiyaimmigration 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, hardships or immigration waivers, U.S. naturalization/citizenship, and cases with USCIS, Department of Labor or immigration? We represent employers, companies, individuals, and families in U.S. Immigration & Nationality Law. Our clients are based nationwide in the U.S. and internationally. We represent diverse immigration cases including, but are not limiting to: extraordinary ability; national interest waiver; PERM with U.S. Department of Labor; I-130 for sponsoring relatives and families; I-140 for employment green card; I-485 to adjust status; I-765 work permit/employment authorization; I-131 for international travel and returning to the U.S; I-601 extreme hardship waiver relatives of U.S. citizen or green card holder; I-751 joint filing or waiver; I-212 waiver for deportation or removal order; J waiver; H-1B professional worker/specialty occupation; H-2B temporary worker; L executive, manager and specialized knowledge professional transferring from overseas; E treaty investors/traders; B-1 business visitor to the U.S.; B-2 visitor to the U.S.; F-1 student coming to study in the U.S.; matters pertaining to consular processing with U.S. consulates and National Visa Centers; cases with USCIS; cases with U.S. Department of Labor; PERM audit; RFE Request for Evidence; NOID Notice of Intention to Deny; and many more.

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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

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