Immigration resource news magazine for United states of america» A Professional Immigration Law Firm, Tiya PLC

EAD for Humanitarian Parolee

Tiyalaw — Wed, 21 Aug 2019 00:03:18 +0000

EAD for Humanitarian Parolee

Certain foreign national who are paroled into the U.S. for urgent humanitarian reasons or significant public benefit may be eligible to apply for discretionary employment authorization with the U.S. Citizenship and Immigration Services (USCIS). USCIS will consider such employment authorization, on a case-by=case basis and based on the totality of the circumstances of each case.

For additional information, please visit USCIS website at: https://www.uscis.gov/news/news-releases/uscis-issues-guidance-discretionary-employment-authorization-parolees

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; USCIS Request for Evidence (RFE); work permit, marriage cases, family immigration, employment immigration, and much more.

More News

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

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.

More News

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

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.

More News

New USCIS Policy on Unlawful Presence for Students and Exchange Visitors

Tiyalaw — Wed, 15 Aug 2018 03:18:42 +0000

New USCIS Policy on Unlawful Presence for Students and Exchange Visitors

The new immigration policy is that the accrual of unlawful presence is suspended when students and exchange visitors (F, J or M nonimmigrant) file a reinstatement application within five months of falling out of status, and while the application is pending with USCIS. In general, an F, J, or M nonimmigrant whose application for reinstatement (timely filed or otherwise) that is approved will not accrue unlawful presence while out of status.

The accrual of unlawful presence resumes the day after the reinstatement’s denial, and the nonimmigrant must voluntarily depart the United States to avoid accruing more unlawful presence that could trigger future inadmissibility under section 212(a)(9) of the Immigration and Nationality Act.

For additional information, please visit: https://www.uscis.gov/news/uscis-issues-revised-final-guidance-unlawful-presence-students-and-exchange-visitors

August 9, 2018

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.

More News

I-751 Biometric Appointment Notices with Incorrect Application Support Center

Tiyalaw — Thu, 24 May 2018 02:02:31 +0000

I-751 Biometric Appointment Notices with Incorrect Application Support Center

U.S. Citizenship and Immigration Services (USCIS) biometric services appointment notices dated 05/04/2018 for I-751 Petition to Remove Conditions on Residence contain errors. These notices instructed Petitioners to appear on May 21, 2018 at Application Support Center (ASC) locations outside their normal geographical area.

Form I-751 is for applying to remove the conditions on a permanent resident status; it is filed by conditional permanent resident who obtained status through marriage.

Per USCIS, Petitioners with these erroneous biometric notices do not need to travel to ASC outside their geographical area, and instead, may choose the following:

Wait for their new biometric services appointment notice with the correct ASC and a new appointment date. Petitioners may check such case status online at https://egov.uscis.gov/casestatus/landing.do ; or
Walk-in to the closest ASC for biometric services. Walk-in may not be seen on the same day. An applicant may locate the closest ASC at https://egov.uscis.gov/crisgwi/go?action=offices.type&OfficeLocator.office_type=ASC

For Petitioners who did not complete their biometric services through ASC walk-in or reschedule, USCIS will mail new biometric services appointment notices on June 8, 2018.

For additional information, please visit USCIS at: https://www.uscis.gov/news/update-form-i-751-petition-remove-conditions-residence

May 23, 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 Fillali, 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 Fillali 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.

More News

Immigration News: USCIS Recalling Incorrectly Dated Green Cards

Tiyalaw — Wed, 16 May 2018 12:00:12 +0000

Immigration News: USCIS Recalling Incorrectly Dated Green Cards

U.S. Citizenship and Immigration Services (USCIS) have started recalling over 8543 Permanent Resident Cards (Green Cards) mailed out between February and April 2018 due to incorrectly printed date for “Residence Since.” These incorrect Green Cards were issued for approved applications for Form I-751, Petition to Remove Conditions of Residence filed by spouses of U.S. citizens or permanent residents.

USCIS will mail out notification with prepaid envelopes for Green Card holders to return, within 20 days, their incorrect Green Card. Alternatively, these Green Card holders may also return their incorrect Green Card to their local USCIS office. USCIS will send out replacement Green Cards within 15 days of receiving their returned cards.

Although the incorrect date on such a Green Card does not affect a Green Card holder’s permanent residence or green card status, it is still important to obtain a correct date for “Residence Since.” Otherwise, there may be USCIS processing delay when such a Green Card holder apply for U.S. naturalization. Spouses of U.S. citizens may apply for naturalization after three years of permanent residency in addition to meeting other immigration criteria.

For additional information, please visit USCIS at: https://www.uscis.gov/news/alerts/uscis-recall-incorrectly-dated-green-cards

May 14, 2018

More News

Immigration News: USCIS Returns Unselected H-1B Cap Petitions for FY 2019

Tiyalaw — Wed, 16 May 2018 00:39:57 +0000

Immigration News & Processing: USCIS Begins Returning Unselected H-1B Cap Petitions for FY 2019

U.S. Citizenship and Immigration Services (USCIS) have completed data entry for fiscal year 2019 (FY 2019) H-1B Cap Petitions selected in the recent lottery system, and will start returning unselected petitions. Although USCIS does not have a specific time for petitions return, it will issue an announcement once all unselected petitions are returned. H-1B petitioners will need to wait for their H-1B receipt notices or returned petitions, instead of seeking case status with USCIS.

Selected H-1B Cap Petitions may be transferred for adjudication between Vermont Service Center and California Service Center for balancing H-1B Cap Petitions caseload. USCIS will issue notice regarding such a transfer. Once transferred, H-1B petitioners will direct their future correspondence to the service center adjudicating the H-1B Cap Petition.

For additional information, please visit: https://www.uscis.gov/news/alerts/uscis-completes-data-entry-fiscal-year-2019-h-1b-cap-subject-petitions

May 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 Fillali 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.

More News

Immigration News: USCIS & FAM New Policy for Sibling DNA Testing

Tiyalaw — Thu, 03 May 2018 23:44:35 +0000

Immigration News: USCIS & FAM New Policy for Sibling DNA Testing

Recently, U.S. Citizenship and Immigration Services (USCIS) announced a new immigration policy on establishing sibling or half-sibling relationship when primary evidence is unavailable or unreliable. A USCIS officer may suggest or consider a direct sibling-to-sibling DNA test by an AABB-accredited lab when establishing sibling relationship in immigration cases.

Additionally, since January 24, 2017 and pursuant to 9 FAM 601.11-1 (A)(3) and 9 FAM 601.11-1 (B) of the U.S. Department of State’s Foreign Affairs Manual (FAM), U.S. Consular officers are permitted to recommend direct sibling-to-sibling DNA testing as one of the ways of establishing sibling relationship.

For additional information on immigration policies on direct sibling-to-sibling DNA testing, please see https://www.uscis.gov/news/alerts/uscis-updates-policy-dna-evidence-support-sibling-relationships and https://travel.state.gov/content/dam/visas/policy_updates/17%20STATE%206984%20Permitting%20Direct%20Sibling-to-sibling%20and%20Half-Sibling%20DNA%20Testing%20as%20Evidence%20of%20Relationship.pdf

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 Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration & Nationality 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.

More News

USCIS Completed FY 2019 H-1B Cap Lottery Process

Tiyalaw — Thu, 12 Apr 2018 19:59:22 +0000

USCIS Completed FY 2019 H-1B Cap Lottery Process
U.S. Citizenship and Immigration Services (USCIS) just announced it had completed the random selection process for the 190,098 petitions it received for the fiscal year 2019 (FY 2019) H-1B Cap. It began accepting H-1B Cap Petitions on April 2, 2018.

On April 12, 2018, USCIS had received sufficient FY 2019 H-1B Cap Petitions for the government-mandated annual 65,000 H-1B visa cap and the 20,000 master’s cap (U.S.-advanced-degree visa exemption).

USCIS conducted the lottery process first for the 20,000 master’s cap H-1B petitions. Those not selected joined the lottery process for the 65,000 H-1B visa cap.

Premium processing for H-1B Cap Petitions cases selected in the lottery process have been suspended until September 10, 2018. For prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

H-1B Cap 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 (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, 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 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-1B Cap Petitions Not Selected or Filed After H-1B Cap is Met
Potential H-1B candidates who do not make it to the 2019 FY H-1B visa cap (October 1, 2018 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, 2019 (October 1, 2019 employment start-date or later) for the FY 2020 H-1B Cap. They may also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

For more information on USCIS H-1B Cap selection process, please visit: https://www.uscis.gov/news/alerts/uscis-completes-h-1b-cap-random-selection-process-fy-2019

April 12, 2018

Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families, located nationwide and internationally, in U.S. Immigration & Nationality 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.

More News

USCIS Met FY 2019 H-1B Cap

Tiyalaw — Fri, 06 Apr 2018 16:53:14 +0000

USCIS Met FY 2019 H-1B Cap

On April 6, 2018, USCIS had received sufficient H-1B Cap Petitions for the 2019 fiscal year (FY), to meet the annual 65,000 H-1B work visa cap and the 20,000 master’s cap (U.S.-advanced-degree visa exemption).

U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions on April 2, 2018.

Premium processing for H-1B Cap Petitions cases selected in the lottery system have been suspended until September 10, 2018. For prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.

H-1B Cap 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).

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 2019 FY H-1B visa cap (October 1, 2018 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, 2019 (October 1, 2019 employment start-date or later) for the FY 2020 H-1B Cap. They may also consider other immigration options such as other nonimmigrant work status and self-petition green card filings, if eligible.

For more information on USCIS H-1B Cap selection process, please visit: https://www.uscis.gov/news/alerts/uscis-reaches-fy-2019-h-1b-cap

April 6, 2018