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Radio Show, 2013 June 26
Immigration Law
Labor Certification Registry Document Availability Schedule (as of July 1, 2013)
Currently, the LCR displays all certified H-1B1 and E-3 Labor Condition Applications (LCA) and Permanent labor certifications, dating back to April 15, 2009. However, the Department is experiencing technical difficulties with the display of approved H-1B LCAs. In addition, due to the historical paper-based filings of H-2A and H-2B applications, these labor certification documents must be manually redacted and uploaded to the LCR and, therefore, only a limited number of records covering Fiscal Year 2013 are currently available.
USCIS to Begin Premium Processing of H-1B Cap-Subject Petitions by April 28, 2014
The filing period for H-1B petitions subject to the fiscal year (FY) 2015 numerical cap begins on April 1, 2014. USCIS will start premium processing of cap-subject H-1B petitions, including petitions seeking an exemption for individuals with a U.S. master’s degree or higher, no later than April 28. This date is based on past levels of premium processing requests and the possibility that the cap will be met in the first five business days of the filing season.
Radio Show, 2014, March 26 Discussing: immigration reform, applying for parents and student visa/status difference
Profession/Occupation
Nonimmigrant Visas
Immigration Law
Can H-4/F-2, etc. non-work visa holders volunteer?
This question is raised often and debated much amongst lawyers focusing their practice on employment-based immigration. This morning, I have a call scheduled with a corporate client who is considering the legality of accepting a volunteer in their for-profit IT business.
White House Releases Fact Sheet on H-4 Spouse Employment Authorization Regulation
- The White House fact sheet contains information on the USCIS current rule-making agenda on reform in employment-based immigration system. Below is the relevant part.
DOS Final Rule on Visa and Passport Requirements for Members of Armed Forces and Coast Guards of Foreign Countries
[Federal Register Volume 79, Number 67 (Tuesday, April 8, 2014)]
[Rules and Regulations]
[Pages 19288-19289]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-07866]
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DEPARTMENT OF STATE
22 CFR Part 41
[Public Notice: 8687] RIN 1400-AD51
Visas: Waiver by Joint Action of Visa and Passport Requirements for Members of Armed Forces and Coast Guards of Foreign Countries
AGENCY: Department of State.
Guestbook Entry for Sundip Kadam , United States
State Dept. Amends the Schedule of Fees for Consular Services
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51247-51254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20516]
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 8850]
RIN 1400-AD47
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates--Visa and Citizenship Services Fee
Changes
AGENCY: Department of State.
ACTION: Interim final rule.
DOL Updates Program Fact Sheet of 4th Quarter of FY 2014 as of 08/31/2014
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2014 Q4 TD selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program,
Detailed Visa Appointment Procedure
Appointments' procedures for all non-immigrant visas are the same. This is from my personal experience in Nov 2005.
Step 1.
Make the two payments - either by DD or cash at the designated branch of HDFC bank. Take copy of passport along. Get receipt of the payment. There'll be a barcode sticker on the receipt which will also have the number which will be your receipt no. for all future references. This can be done by the individual applying for the visa or any representative but should carry the Passport copy of the individual travelling.
Nonimmigrant Visas
Successful H1 and H4 Stamping Experience
I will begin with a sincere thanks for all the information I have got from these forums over the last few months and the amount of confidence I have gained through it.
Now, its my turn give back something by sharing my experience and hope this helps in giving some information to the others like me.
My visa was scheduled for 08:15 AM I reached the car parking in the nearby Malcha Marg parking by 7:45 AM. It is few minutes walk from there. I reached embassy by 7:55 or so. I was with my wife who would get an H4.
USCIS Changes Secure Ink Color in Certain Immigration Document Stamps
On July 1, 2014, U. S. Citizenship and Immigration Services (USCIS) began using a new secure blue ink for many of its secure stamps.
H-4 - Derivative Visa
We filed a case on behalf of our client against USCIS where the H-4 dependents' application for a change status was denied by USCIS because the application was not filed in a timely manner. The dependents were Citizens of Canada who wanted to transfer from TN status to H-4 status. Due to circumstances beyond their control they were found by USCIS to have lost their lawful status in the U.S. We filed a Motion for Reconsideration with USCIS. USCIS approved the application and the applicants were granted H-4 status retroactively.
Nonimmigrant Visas
H-4 - Derivative Visa
We filed a case with USCIS where the H-4 dependents of the H-1 visa holder were out of status since 2000. They believed that they were in legal status as long as the H-1 visa holder maintained status in the US. We filed a request for an extension of their H-4 status accompanied by a brief in support of the application. USCIS granted the extension of stay and issued approval notices with the I-94's attached.
Nonimmigrant Visas
H-4 - Derivative Visa
We filed a case against the USCIS where the H-1B visa holder attempted to maintain legal status for both him and his H-4 dependents. The attorney at the time filed the application for the H-1 extension, but neglected to submit applications for the extension of the H-4 dependents status. We submitted a request to USCIS for the extensions of the H-4 dependents' status with a detailed legal brief. USCIS granted the request for extension and the I-94's were attached to the approval notices.
Nonimmigrant Visas
H-4 Nunc Pro Tunc
Our firm has been successful in numerous H-4 (and H-4 nunc pro tunc) out of status cases (involving unlawful presence leading to a three-year to ten-year bar). Of particular note, one gentleman assumed if his H-1 was renewed, his dependant's H-4s were automatically renewed. Upon learning of the need to file for H-4 renewals, this gentleman consulted various attorneys and even took his case to Court. He was unsuccessful in bringing his dependants back into H-4 status.
Nonimmigrant Visas
Fiscal Year 2015 Limit Set for CNMI-Only Transitional Workers
Release Date: September 29, 2014
DHS will allow 13,999 CW-1 nonimmigrants for FY 2015
WASHINGTON—The Department of Homeland Security (DHS) will allow up to 13,999 nonimmigrants for fiscal year (FY) 2015 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. DHS published the notice in today’s Federal Register.
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.