Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016     

H-1B Annual Work Visa Cap  

On May 12, 2016, USCIS will begin premium processing of H-1B Cap Petitions selected in the lottery system.  For H-1B Cap Petitions or eligible cases under premium processing, USCIS will adjudicate the case within 15 calendar days. 

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree.   On April 7, 2016, USCIS announced it had received more than sufficient H-1B Cap Petitions to meet the cap.    

USCIS received over 236,000 H-1B Cap Petitions described above.  On April 9, 2016, USCIS started its computer-generated random selection process (lottery system) and the selection is now complete.   

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection or lottery for the 65,000 limit.  All H-1B Cap Petitions above not selected in the lottery system will be returned with their filing fees.  The filing fees for any H-1B Cap Petitions above with duplicate filings will not be returned.  

What is an H-1B?  

H-1B petitions are temporary work visas for specialty occupations.  They are 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.  Each case depends on the position’s overall circumstances, necessitating complex legal analysis.  

Some H-1Bs Are Not Subject to H-1B Cap or Quota 

Not all H-1B petitions are subject to the annual visa cap or quota.  It depends 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.   Certain employers are cap exempt. 

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 Visa Numbers Are Used Up  

Potential H-1B candidates who do not make it to the Fiscal Year 2017 H-1B visa quota (October 1, 2016 employment start-date) have the options to have their H-1B cap petitions submitted or resubmitted to reach USCIS on April 1, 2017 (with an October 1, 2017 employment start-date) for the 2018 Fiscal Year H-1B visa cap/quota.  They can also consider other immigration options such as other nonimmigrant status, work permit, 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. 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.

All Rights Reserved

More News

• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• Immigration Will Begin Returning H-1B Cap Cases Not Selected in the Lottery System. What Can You Do if You Have Not Heard About Your H-1B Cap Petitions?
• USCIS Reaches 2017 H-1B Visa Cap/Quota
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• Rising Demand on H-1B Visa Numbers is a Sign of Strong U.S. Economy
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)

USCIS Reaches 2017 H-1B Visa Cap/Quota 

 H-1B Annual Work Visa Cap  

On April 1, 2016, the U.S. Citizenship and Immigration Services (USCIS) began accepting H-1B Cap Petitions for the annual 65,000 government-mandated cap for the 2017 fiscal year (FY), and the 20,000 exemption for H-1B under the U.S. advanced degree.   On April 7, 2016, USCIS had received more than sufficient H-1B Cap Petitions to meet the cap.   Due to the overwhelming numbers of H-1B Cap Petitions received, USCIS is not yet certain when it will conduct its computer-generated random selection process (lottery).   

Those under U.S. advanced degree not selected within the 20,000 visa numbers will be processed under random selection for the 65,000 limit. 

For prior H-1B cap-seasons, USCIS began premium processing for selected H-1B Cap cases a few weeks after April 1.  

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 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 2017 H-1B visa quota (October 1, 2016 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, 2017 (October 1, 2017 employment start-date or later) for the Fiscal Year 2018 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. 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; 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.

All Rights Reserved

More News

• Immigration to Begin Premium Processing of H-1B Cap Petitions on May 12, 2016
• 10,200 H-1B Cap Work Visas Have Been Received for FY2012 (May 6, 2011)
• Rising Demand on H-1B Visa Numbers is a Sign of Strong U.S. Economy
• 32,500 H-1B Regular Cap Work Visas, and 13,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 4, 2012)
• Temporary Immigration Relief Measures for Foreign Nationals Affected by Civil Unrest or Natural Disasters
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• USCIS Suspends Premium Processing Service for H-1B Petition FY 2019 Visa Cap
• Immigration Will Begin Returning H-1B Cap Cases Not Selected in the Lottery System. What Can You Do if You Have Not Heard About Your H-1B Cap Petitions?

USCIS Begins Accepting Fiscal Year 2015 H-1B Visa Cap Cases

H-1B Annual Work Visa Cap

On April 1, 2014, 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 H-1B for those under the U.S. advanced degree.   USCIS is expected to receive more than sufficient petitions for the visa quotas/cap by April 7, 2014.  After certain date, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Petitions, for FY 2015.

USCIS is prepared to conduct computer-generated random selection process (lottery) to select a sufficient number of petitions needed to meet the caps of 65,000 for the H-1B cap category and 20,000 under the advanced-degree limit.  Non-duplicate petitions not selected will be returned with filing fees.  Normally, random selection is conducted first for advanced degree H-1B petitions

When USCIS receives more than 20,000 U.S. advanced degree H-1B Petitions, those not selected would be included in the random selection under the 65,000 limit.

For this particular H-1B cap-season, USCIS will begin premium processing for H-1B cap cases on or before April 28, 2014. 

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; 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 2015 H-1B visa quota (October 1, 2014 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, 2015 (October 1, 2015 employment start-date or later) for the Fiscal Year 2016 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.

More News

• USCIS Received 172,500 H-1B Petitions for Fiscal Year 2015 Visa Quotas, and Random Selection Process (Lottery) Completed on April 10, 2014
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• H-1B Visa Cap for FY 2014 Has Been Reached

H-1B Visa Cap for FY 2014 Has Been Reached

H-1B Annual Work Visa Cap

On April 5, 2013, the U.S. Citizenship and Immigration Services (USCIS) has received a high number of H-1B Cap Petitions and reached the 65,000 statutory cap for the 2014 fiscal year (FY).  The USCIS has received more than 20, 000 H-1B Cap-Exempt Petitions for those under the U.S. advanced degree.   After April 5, 2013, USCIS will not accept any more H-1B Cap Petitions and U.S. advanced degree H-1B Cap Exempt Petitions, for FY 2014.

USCIS will contact a computer-generated random selection process (lottery) for all H-1B Cap Petitions received until April 5, 2013.  All U.S. advanced degree H-1B Cap Exempt Petitions not selected within the 20,000 limit will be part of the lottery system.

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; 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 2013 H-1B visa quota (October 1, 2012 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, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 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.

More News

• H-1B Visa Numbers Almost Finished! 55,600 H-1B Regular Cap Work Visas, and 18,700 H-1B Master’s Degree Exemption Visas Received for FY2013 (June 1, 2012)
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• US Immigration Completes its Random Selection Process for 2017 H-1B Cap
• 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
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• U.S. Work Visas and Options for Nurses
• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• CBP Travel Tips for Summer, Busiest Travel Season in USA

48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)

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; each case depends on a position’s own set of circumstances.

H-1B Annual Work Visa Cap

As of May 25, 2012, the U.S. Citizenship and Immigration Services (USCIS) has received 48,400 H-1B Regular Cap, and 17,500 H-1B Master’s Degree Exemption.

On April 2, 2012, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2013 (FY2013) visa quota (for employment start-date of October 1, 2012 or later). The FY2012 visas quota (for October 1, 2011 employment start-date or later) was already closed. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year; in recent years, all visa numbers had been exhausted eventually.

H-1B petitions can be filed under premium processing (faster processing of certain employment-based petitions and applications). Premium processing H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 9. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the properly filed petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (“final receipt date”), and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date the USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

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, and 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 H-1B employers. These H-1B petitions may not be subjected to the annual visa cap.

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 2013 H-1B visa quota (October 1, 2012 employment start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2013 (October 1, 2013 employment start-date or later) for the Fiscal Year 2014 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.

June 2, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

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

More News

• Quota for H-1B Cap Work Visas Has Been Reached for FY2013 (June 11, 2012)
• 36,700 H-1B Regular Cap Work Visas, and 14,800 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 11, 2012)
• USCIS Will Begin Accepting Fiscal Year 2016 H-1B Visa Cap Cases on April 1, 2015
• U.S. Work Visas and Options for Nurses
• H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012
• 12,300 H-1B Cap Work Visas Have Been Received for FY2012 (May 20, 2011)
• Filing for H-1B Cap Work Visas Has Begun and 5,900 H-1B Cap Petitions Received (April 8, 2011)!
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration

CBP Travel Tips for Summer, Busiest Travel Season in USA

Summer is the start of the busiest travel season to the United States of America (USA).   U.S. Customs and Border Protection (CBP) is reminding travelers of some important tips especially to help expedite the processing of returning U.S. citizens or residents, and international visitors.  CBP is agency within the Department of Homeland Security and overseas the management, control and protection of USA nation’s borders at and between official ports of entry. The travel tips include:

1. Travelers may speed up their crossing through a land border port with a radio frequency identification enabled travel document (RFID-enabled cards) such as a U.S. passport card, border crossing card or permanent resident card issued after 2008, enhanced driver’s license/enhanced identification card or trusted traveler card.
2. Travelers should also ensure they have an approved travel document:

• The Western Hemisphere Travel Initiative requires U.S. and Canadian citizens, age 16 and older to present a valid, acceptable travel document, such as a passport, a U.S. passport card, a trusted traveler card (NEXUS, SENTRI, Global Entry or FAST/EXPRES), permanent resident card or an enhanced driver’s license that denotes both identity and citizenship when entering the U.S. by land or sea.
• U.S. and Canadian citizens under age 16 may present a birth certificate or alternative proof of citizenship when entering by land or sea.
• All travelers must have a valid passport book for international air travel.

3. All nationals or citizens of the 36 Visa Waiver Program (VWP) countries are required to have an approved Electronic System for Travel Authorization (ESTA) prior to boarding when traveling by air or sea to the U.S. under the VWP. ESTA applications may be submitted at any time prior to travel (and should be submitted as soon as possible) at http://www.cbp.gov/xp/cgov/travel/id_visa/esta/  An approved is generally valid for up to two years or until the applicant’s passport expires, whichever comes first. Authorizations will be valid for multiple entries into the United States.
CBP provides the following “Travel Checklist”:

□ Have all the required travel documents and identification for entry or re-entry to the United States. Passports are required for air travel. Visit travel.state.gov for country-specific information. ( travel.state.gov )

□ Citizens of Visa Waiver Program countries should have an approved Electronic System for Travel Authorization (ESTA) before boarding.

□ Foreign nationals traveling on a visa should have a completed I-94 form when approaching CBP processing.

□ Travelers should have a completed Customs Declaration form (6059b) upon reaching CBP processing: (a) Declare everything you are bringing from abroad, even if you bought it in a duty-free shop; (b) Things bought abroad for personal use or as gifts may be eligible for duty exemptions but not things for resale.

□ Travelers should know the difference between prohibited merchandise (which is forbidden by law to enter the U.S.) and restricted merchandise (items needing special permit to be allowed into the U.S.). For more information, please visit the Restricted/Prohibited section of the CBP website at http://www.cbp.gov/xp/cgov/travel/vacation/kbyg/prohibited_restricted.xml .

□ Travelers should not attempt to bring fruits, meats, dairy/poultry products and/or firewood into the United States without first checking whether they are permitted. For more information, please visit the Bringing Agricultural Products Into the United States section of the CBP website at http://www.cbp.gov/xp/cgov/travel/clearing/agri_prod_inus.xml .

□ Travelers should factor additional time into trips during busy travel seasons and understand that CBP must conduct a thorough inspection of the nearly one million travelers entering the country each day.

□ Travelers should understand that CBP officers can inspect you and your personal belongings without a warrant. This may include your luggage, vehicle, and personal searches and is meant to enforce our laws as well as protect legitimate travelers.

□ Travelers should monitor border wait times for various ports of entry at (http://www.cbp.gov/xp/cgov/travel/wait_times/ . Travelers are encouraged to plan their trips during periods of lighter traffic or to use an alternate, less heavily traveled port of entry. For more information, travelers can find up to date wait time information on the CBP website.

□ Travelers who are frequent international travelers should apply to be a member of a trusted traveler program, if not already done so. For more information, please visit the Trusted Traveler section of the CBP website at http://www.cbp.gov/xp/cgov/travel/trusted_traveler/ .

□ Travelers should be familiarized with the “Know Before You Go” brochure or section of CBP.gov. ( CBP.gov )

May 30, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

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

More News

• H-1B Visa Cap for FY 2014 Has Been Reached
• 48,400 H-1B Regular Cap Work Visas, and 17,500 H-1B Master’s Degree Exemption Visas Received for FY2013 (May 25, 2012)
• New USCIS ELIS Online Filing Immigration System is Launched Today for Foreign Nationals Visiting USA Temporarily for Business and Pleasure (May 22, 2012)
• 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
• Get Ready to Apply for DAPA Around May 19, 2015 & Expanded DACA Around February 18, 2015! New Executive Actions on U.S.A. Immigration
• New Executive Actions on U.S.A. Immigration
• PROPOSED IMMIGRATION REFORM SUMMARY: “BORDER SECURITY, ECONOMIC OPPORTUNITY, AND IMMIGRATION MODERNIZATION ACT”
• USCIS Centralized I-601 and I-212 Inadmissibility Waiver Filings

New PERM Labor Certification Update:  Supervised Recruitment

In the recent months, the U.S. Department of Labor (DOL) has indicated it will expand its use of DOL-supervised recruitment in the PERM permanent labor certification program as a PERM system “integrity” measure.  PERM is DOL labor certification program and stands for Program Electronic Review Management.

DOL-supervised recruitment is different and separate from PERM audits.   There are two types of supervised recruitment: (a) directed supervised recruitment, and (b) converted supervised recruitment.

Under directed supervised recruitment, no recruitment is done prior to filing the PERM application and will be done per DOL instructions after PERM filing with the DOL.

Converted supervised recruitment, an increased in frequency, is initiated when a

“Notification of Supervised Recruitment” is sent by the DOL.

May 29, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

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

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Change of Filing Location for Certain I-601 and I-212 Waiver Applications

As of June 4, 2012, foreign nationals abroad who have applied for certain visas (immigration visa, or nonimmigrant K or V visa) and who have been found ineligible for inadmissibility by a U.S. Consular Officer may file their requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility in the U.S.

This change of filing location will shorten processing time and faciliate consistent adjudication of waiver cases.

The affected filings include:

• Form I-601, Application for Waiver of Grounds of Inadmissibility
• Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
• Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212)

Immigrant visa waiver applicants in Ciudad Juarez, Mexico, will have the option to either mail their waiver applications to the USCIS Lockbox in the United States or file in-person at the USCIS office in Ciudad Juarez for a limited six-month transition period.

This change of filing location is separate from the provisional waiver proposal published in the Federal Register on Mar. 30, 2012.

May 23, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card, work visa and citizenship matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

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

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New USCIS ELIS Online Filing Immigration System is Launched Today for Foreign Nationals Visiting USA Temporarily for Business and Pleasure (May 22, 2012)

The U.S. Citizenship and Immigration Services (USCIS) has engaged green (environmental) modernization.  The first phase of USCIS Electronic Immigration System (USCIS ELIS) is launched today (May 22, 2012.  USCIS ELIS is the new online immigration system.

Starting today, USCIS ELIS allows certain applicants to file their applications online (currently limited to Form I-539, Application to Extend/Change Nonimmigrant Status) and submit I-539 filing fee online.  Applicants who are currently eligible to use USCIS ELIS include those who wish to be in the United States (USA) temporarily for business, pleasure/vacation, study, and medical treatment.

Eventually, all USCIS immigration applications can be filed online via USCIS ELIS but their inclusions will be implemented in stages.

Currently, USCIS receives about 6 to 7 million applications each year, with most of them done via paper filings by mail where paper files are shipped between various locations for USCIS review and adjudication.  The transformation from USCIS paper-based filings to online filings will streamline USCIS immigration processes.  With online filings and the elimination of paper filings, USCIS employees can review and adjudicate applications from multiple locations.   USCIS ELIS will improve efficiency and reduce case processing time, and adds customer satisfaction such as, among other things, customer-friendly features of receiving notices and updating profile online.

Optional paper filings are still available especially for applicants without access to computers.

May 22, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

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

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Familiar Relationship Between Foreign National and Employer for PERM Permanent Labor/Employment Certification (BALCA) 

On May 7, 2012, BALCA discusses In the Matter of MMB STUCCO, LLC, a PERM case, where there is a “closely held corporation or partnership in which the alien has an ownership interest, or familial relationship”, the totality of the circumstances (as opposed to single factor) must be considered in determining whether or not a bona fide job opportunity exists.  BALCA stands for Board of Alien Labor Certification Appeals and is part of the U.S. Department of Labor (DOL). PERM is DOL labor certification program and stands for Program Electronic Review Management.

The totality of the circumstances for consideration, among other factors, include whether the alien:

1. Is in the position to control or influence hiring decisions regarding the job for which labor certification is sought;
2. Is related to the corporate directors, officers, or employees;
3. Was an incorporator or founder of the company;
4. Has an ownership interest in the company;
5. Is involved in the management of the company;
6. Is on the board of directors,
7. Is one of a small number of employees;
8. Has qualifications for the job that are identical to specialized or unusual job duties and requirements stated in the application; and
9. Is so inseparable from the sponsoring employer because of his or her pervasive presence and personal attributes that the employer would be unlikely to continue in operation without the alien.

In The Matter of Stucco, the alien was the brother of the owner of the sponsoring employer, but had no ownership interest in the company.  For reasons stated in the decision, BALCA ordered that the denial of labor certification be reversed and directed the DOL Certifying Officer to grant this PERM permanent labor/employment certification.

May 21, 2012:  By Aik Wan Kok Fillali, Attorney USA Immigration Services, at Tiya; Tel: 703-772-8224; Email: koka at tiyalaw dot com

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

We represent companies, employers, individuals and families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

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

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• Recent Reports on Lost of Expiring Original Certified PERM form ETA 9089 for Permanent Labor Certification
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