Next Steps On DOMA And FAQ's From The State Department (DOS)
UNCLASSIFIED
STATE
00112850
AUG 13
SUBJECT: NEXT STEPS ON DOMA
GUIDANCE FOR POSTS
Search
Infosys With The Largest Immigration Fine
According to "Times of India" :
The US government plans to punish Indian outsourcing giant Infosys with the largest immigration fine ever for seeking visas fraudulently for workers at big clients in America, the Wall Street Journal reported.
Infosys is accused of putting workers on visitor visas rather than work visas. The former are much easier and cheaper to obtain than the latter. The fine is expected to be about $35 million, the paper said, quoting people close to the matter.
DOS Publishes Final Rule on Regulatory Exception for Certain Nonimmigrant Visa Classifications
[Federal Register Volume 78, Number 215 (Wednesday, November 6, 2013)]
[Rules and Regulations]
[Pages 66813-66815]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-26590]
[[Page 66813]]
Vol. 78
Wednesday,
No. 215
November 6, 2013
Part II Department of State
-----------------------------------------------------------------------
22 CFR Part 41
Workload Transfer from the Vermont Service Center to the California Service Center
U.S. Citizenship and Immigration Services (USCIS) recently began transferring some extension of stay casework from the Vermont Service Center to the California Service Center to balance workloads. The affected casework includes the following form:
- I-129, Petition for a Nonimmigrant Worker, filed by an employer to extend the stay of an alien to perform services as an H-1B specialty occupation worker.
How You Will Be Affected
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
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]
---------------------------------------
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.
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
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.
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
Substantial transcription for video
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.
Community Conference Call, 2015, March 5 (Every Other Thursday)
Immigration.com
Citizenship and Naturalization
Immigration Law
Can You Do Business in USA on your current Visa?
Starting Your Own Business on H-1 or AOS EAD
I am currently on H-1. I have a series of questions for you. This topic should be of interest to many people in the community. Could you please address these:
1. Can I start my own business while on H-1?
2. Can I be employed in my own business on my company's H-1?
3. Does it help to have partners from USA?
4. Can I get green card through a company I own?
5. What if my business is in Europe, but I work on it from USA? Is that legal?
6. Can I start business when I get my EAD on 485?
USCIS Investigation Questions
Following is a list of questions recently asked by a USCIS investigator of an H-1B employee working at a client site. If you are a member of our compliance group of employers, attend the free conference call scheduled for employers only on 7th July 2011. Membership in the group is by invitation only.
1. What is your name?
2. Can see your ID card?
3. How long you are in US?
4. Have you been visited your home country?
5. Who are you currently employed with?
6. How long have you been with your employer?
7. What is your job title?
8. What are your wages?
Entering USA, what to expect?
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Adoption for US Citizens, Immigrants and Nonimmigrants
Quite a few of our community members have asked me about the basic laws governing adoptions. One of my colleagues has prepared brief write up for you.
Another attack on H-1 and L-1 visas. Raised fees
H.R. 6080 has been passed and is expected to be signed by the President today, 13 August 2010. This Bill raises The H-1B and L-1 application filing fees (fraud prevention and detection) by $2,000 for companies with 50 or more employees in USA if more than 50% of the employees are on H/L status. The fees are to be effective upon enactment (when the President signs and USCIS can implement) and will end on September 30, 2014.
The Bill states:
From H-4 to F-1
Some questions from the community:
I have been on H-4 for almost 3 yrs now, and starting my MS in Spring 09 (on H4 status itself). But now I want to change to F-1 for personal reasons. I have the following doubts. request your clarification:
a. If I want to get my F-1 stamped from India, do I need to submit I-539 form also to the ISO of my school ?
No. An I-539 is used if you want to change status within USA.
b. How long should I be on F-1 before when I will be eligible to apply for OPT and work using the same?