Visa Lawyer Blog

Here is the latest on H1B visa numbers, they now passed the 50K mark. U.S. Citizenship and Immigration Services (USCIS) announced that it has now received approximately 48,977 H-1B petitions counting toward the congressionally-mandated 65,000 limit. USCIS also confirmed that it has received approximately 17,836 H-1B petitions for employees with advanced degrees from U.S. colleges and universities. The annual limit on H-1B petitions in the advanced degree category is 20,000.

Accordingly, USCIS is still accepting H-1B petitions under both the general cap and the advanced degree cap. We also continue to process H1B cases, but time is running out so in order to secure visas for this season employers must act now.

Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner’s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).

When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.

The Service Center previously stated:

Until the Petition for Nonimmigrant Worker (Form I-129) and the Nonimmigrant Petition Based on Blanket L Petition (Form I-129S) are revised, USCIS recommends that all H-1B, L-1A, and L-1B petitioners include, as part of the filing packet, the new fee or a statement or other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation indicating whether or not the fee is required in bold capital letters at the top of the cover letter. The fee, statement, notation, or other evidence should be provided with each petition submitted. Where the fee or documentation is not submitted with the filing, or where questions remain, USCIS may issue a Request for Evidence to determine whether the additional fee applies to the petition.

The following is a sample statement that the petitioner employer could use:

By this statement we confirm that our company (the petitioner) is not required to pay the H-1B filing fee under Public Law 111-230. Our business does not have more than 50 percent of our employees in the United States in H-1B or L-1 nonimmigrant visa status. Therefore, we are not required to pay the additional filing fee.

Please email me with any questions regarding the above referenced info.

Readers often inquire about the general requirements for Citizenship and when can one apply. A number of criteria must be reviewed to determine if a person is eligible to apply for U.S. citizenship. As a starting point, the applicant must be a legal permanent resident (LPR) and at least eighteen years old. There are limited exceptions to this rule, including honorable service in the U.S. military during a time of war or declared hostility. The basic rule, however, is LPR and eighteen years of age.

Continuous Residence

In order to be eligible for naturalization, after Green Card has been obtained, one must be able to establish "continuous residence" in the United States for a period of five years before filing the application. This period is reduced to three years for individuals who are married to U.S. citizens, or who obtained Green Cards based on marriage but were battered or abused by their spouses. With the exception of cases involving abuse, in order to be eligible for the three-year period based on marriage to a U.S. citizen, the applicant must be married and living in marital union with the U.S. spouse for the past three years and the spouse must have been a U.S. citizen for the past three years.

Physical Presence

1. The applicant must be physically present in the United States for at least half the statutory five- or three-year period preceding the date of filing the application. The number of days spent in the U.S. must equal at least one half of the total days in the five- or three-year period at the time of filing in order to be eligible to naturalize.

2. No individual trip outside of the U.S. can be of one year's duration or greater. Trips of this duration are considered to automatically break the physical presence requirement. A reentry permit does not overcome this requirement. In the event that the applicant was outside of the U.S. for one year or more, s/he would have to wait at least four years and one day from the time of return to the United States to apply for naturalization. Certain Exceptions apply.

3. Trips that are longer than six months but shorter than one year in duration are presumed to break the continuity of residence. This legal presumption can be rebutted with evidence that the applicant did not abandon residence.

Residence in State

Applicant must establish residency in a specific state in the United States for a three-month period in order to file an application in that jurisdiction.

Good Moral Character

To become a naturalized U.S. citizen, you must have "good moral character." This is a legal term. It is not necessarily the same as a "good person," as opposed to a "bad person." A person whom you might think of as a "good person," Immigration might think is a person who does not have "good moral character" and should not be allowed to become a U.S. citizen.

The following are just some of the situations where Immigration might say a person does not have "good moral character" and deny citizenship:

* the person has worked but has not always filed income taxes when he should have;
* a man has lived in the United States at some point during the ages of 18 and 25 but did not register for "Selective Service"; (See Special Privileges and Obligations of Living in the U.S.)
* the person has a drinking problem (especially if arrested for driving while drunk);
* the person has ever had children with a person to whom he was not married;
* the person has children but does not live with them, and is not paying child support for the children;
* the person got public benefits such as food stamps, but did not tell his benefits caseworker right away when he began working again or when he took a brief trip outside of the U.S.;
* the person has ever lied to Immigration, for example, on earlier applications for permanent residency;
* the person has ever been arrested by the police for any reason;
* the person has been convicted of any crimes. This includes nonviolent crimes such as shoplifting.

Each applicant for naturalization must establish that s/he is a person of good moral character during the statutory period, which continues until the applicant is sworn in as a U.S. citizen. However, the USCIS is not limited to reviewing only the statutory period to determine the individual's character. If the person has a criminal record or any other character problem that precedes the statutory period, the USCIS will determine whether there has been rehabilitation or if the prior acts should be considered relevant to the current moral character of the applicant. Good moral character evaluations are made on a case-by-case basis. In its regulations, the USCIS states that it will take into account "the standards of the average citizen in the community of residence."

It is necessary to meet all the above requirements at the time of filing the application and, for most, during the process, through to the oath ceremony. The oath ceremony can occur several weeks later. Therefore, the applicant needs to be conscious of travel and other requirements until s/he is actually sworn in as a U.S. citizen. Click here for dates of ceremony in our county.

The H-2B program is critically important for many businesses that have difficulty finding U.S. workers to fill temporary jobs. This is particularly true in seasonal industries. Comments from H-2B employers attest to the need for foreign workers in physically demanding seasonal jobs, often in remote locations, that many U.S. workers will not take.

The H-2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for "temporary" agencies or other work placement agencies.

In order to learn more about employers’ perceptions of the H-2B program, ImmigrationWorks USA and the U.S. Chamber of Commerce conducted a survey: five short questions distributed among H-2B employers in July and August 2010. The survey asked how many H-2B workers the company had hired in the last three years and what types of jobs those workers held. It included two open-ended questions about the benefits of using the program and asked what if any problems employers had experienced.

Another open-ended question asked what employers would do if they were not able to hire H-2B workers. Participation was voluntary, and results could be submitted via email, fax or the internet. A total of 367 employers responded. The majority of H-2B employers who responded to the survey noted that temporary foreign workers are reliable and hard-working. Many also praised these workers’ productivity: a benefit that offsets the cost of bringing them into the United States. Respondents appreciated that H-2B workers were willing to work seasonal jobs and then return home when the season ended.

Important benefit of the program is that it offers companies a way to hire foreign workers when U.S. labor markets tighten. The program increases labor market flexibility by allowing businesses to bring in foreign workers when U.S. workers move up to better, higher-paying jobs during economic expansions.

To read the entire report about the economic impact of the H2B program, click here

People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.

A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.

As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.

Somalia topped the list with a rejection rate of almost 70 percent followed by Djibouti (60.2 percent), Yemen (54.3 percent), Mauritania (49.7 percent) and Iraq (42.2 percent). It is interesting to note that the next Arab country after the GCC states with lower refusal percentage was Libya (14.3 percent). Morocco with a refusal rate of 15.5 percent and Tunisia with 15.6 percent rejection ranked next.

Among non-Arab Asian countries, China with a 13.3 percent rejection rate and India with double that percentage fared better than Pakistan (41.6 percent) and the Philippines (38 percent). Sri Lanka (28.6 percent) and Bangladesh (36.4 percent) were much better off as compared to Pakistan and the Philippines. US embassy officials were not immediately available for comment but it is understood that after Qatar Airways introduced flights to major US cities beginning June 2007, tourist visa requests from Qatari nationals as well as expatriates here have multiplied.

Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.

Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.

If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be "Current”. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is "oversubscribed" and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

For example: If the monthly target is 3,000 and there is demand for 8,000 applicants, then it would be necessary to establish a cut-off date so that only 3,000 numbers would be allocated. In this case, the cut-off would be the priority date of the 3,001st applicant.

Click here for a detailed chart with to demonstrate the above examples. Download file

The number of American students studying in Zimbabwe increased by 200 percent in 2009-10 to a total of 27. During the same period, the number of Zimbabwean students enrolled in U.S. institutions of higher education decreased by 8.7 percent from 1,269 to 1,159, most likely due to economic challenges in Zimbabwe making it difficult for families to pay for fees and tuitions. Open Doors 2010, the annual report on international academic mobility published by the Institute of International Education (IIE) with support from the U.S. Department of State, released these statistics on Monday to mark the beginning of International Education Week.

The number of Zimbabwean students in the U.S. peaked in 2002-03 at 2,186. Today, Zimbabwe is among the top 10 sending countries in Africa, ranking seventh after Nigeria, Kenya, Ghana, Cameroon, South Africa, and Ethiopia. In 2009, the US Embassy in Harare issued 400 new F-1 student visas.

U.S. Embassy Educational Advisor Rebecca Zeigler Mano attributes the decline to the economic crisis and political instability in Zimbabwe, as well as teacher strikes, inconsistent examination results, election related violence and hyperinflation during the 2007-08 academic years. Parents who previously could fund part or all of their children’s US education through Reserve Bank educational forex allowances and local salaries, could no longer do so during those years. Despite the decline last year, the number of Zimbabweans studying in the U.S. remains high in large part due to the U.S. Embassy educational advising services in Harare and in Bulawayo, as well as a big increase over the last 5 years in the number of Zimbabweans receiving scholarships to study in the US.

“We expect to see the number of Zimbabwean students studying in the US increase in the coming years as the Zimbabwean economy recovers with dollarization and an increasing number of parents can afford international educational options. Despite enduring a difficult period in its economy, Zimbabwe still boasts a strong education system with students from a wide variety of socioeconomic and geographic backgrounds who excel in academics, sport and co-curricular activities at top American colleges and universities,” stated Zeigler Mano.

“The youth are Zimbabwe’s most precious natural resources. It is crucial that Zimbabwe retains top teachers and improve upon the standards and resources in its private, mission and government schools and universities. The exposure that international education affords is crucial for preparing the country’s future leaders in all professions. A highly educated youth can help rebuild the county’s infrastructure and pave the way for a prosperous future for Zimbabwe,” she continued.

Interest in U.S. education has increased markedly this past year, as evidenced by the over 35,000 contacts the U.S. Embassy’s Educational Advising Center had in 2009-10 with Zimbabwean students, teachers and parents. American universities also remain very interested in recruiting top Zimbabwean students to join their campuses. Over 830 high school students in Harare attended the recent CIS Universities and Colleges Fair organized by the U.S. and Canadian Embassies in early November.

Open Doors also reported that 27 American students studied or researched in Zimbabwe in the 2008/09 academic year, an increase of 200 % from the previous academic year. This increase contrasts with the worldwide decline of 0.8%, with 260,327 American students studying abroad for academic credit during the academic year 2008/09. This increase in scholarly activity in Zimbabwe is a welcome addition to the international exchange landscape, signaling the confidence of American university students and academics in re-engaging with Zimbabwean higher education.

This year’s Open Doors report reveals that the total number of international students at colleges and universities in the United States increased by 3% to 690,923 during the 2009/10 academic year, a record high number of international students in the United States, making the U.S. the number one study destination for international students worldwide. This year’s growth was primarily driven by a 30% increase in Chinese student enrollment in the United States to a total of nearly 128,000 students, or more than 18% of the total international student population, making China the leading sending country. Indian students represent 15% of all international students in U.S. higher education with all African students representing 17% of international students.

The United States has one of the best and most comprehensive systems of higher education in the world. It boasts over 4,000 accredited and internationally recognized institutions of higher education, which welcome the diversity brought by international students on campuses. A significant number of American institutions offer need- and merit-based financial assistance to both undergraduate and graduate international students.

The US Embassy locally joins Embassies worldwide this week in celebrating International Education Week. As part of his proclamation for the week, President Obama stated, “All of us share this world for but a brief moment in time. The question is whether we spend that time focused on what pushes us apart, or whether we commit ourselves to an effort – a sustained effort – to find common ground, to focus on the future we seek for our children and to respect the dignity of all human beings.”

Zimbabweans wishing to pursue studies in the U.S. can visit the EducationUSA Advising Center based at the U.S. Embassy’s Public Affairs Section in Eastgate Building in Harare or at the EducationUSA Advising Center based at the Bulawayo Public Library. Outside of the two main cities, students can visit the satellite advising center collections at Gweru Memorial Library, Turner Memorial Library and Africa University Libraries in Mutare and Mucheke Public Library in Masvingo.

OK so we now have another chance at getting this Act passed. DREAM is back on the agenda in the lame duck session. While Comprehensive Immigration Reform remains the long-term goal of the Democratic leadership, their current goal is enacting the DREAM Act before the 111th Congress adjourns for the last time.

The North American Integration and Development Center at UCLA has released a new report highlighting the economic benefits of enacting the Development, Relief and Education for Alien Minors (DREAM) Act.

More specifically, the report concludes, “In the No DREAMers Left Behind scenario, 2.1 million undocumented immigrants would become legalized and generate approximately $3.6 trillion” over a 40-year period. Another positive effect of the DREAM Act would be that “[a] higher supply of skilled students would also advance the U.S. global competitive position in science, technology, medicine, education and many other endeavors.”

These findings are especially significant given the nation’s falling level of educational attainment. As Wonk Room economics blogger Pat Garofalo notes, “By 2025, according to estimates by the Lumina Foundation, our nation will be short 16 million college-educated workers. This will have real consequences for both the economy as a whole and for individual workers.”

Read more..

What can you do to help?

Let us know if you are a DREAM Act beneficiary, read more here. Write, call and email your representatives.

When you do, tell them that you, respectfully urge them to pass S.729, the Development, Relief, and Education for Alien Minors Act of 2009 (“DREAM Act”) and S.1038, Agricultural Job Opportunities, Benefits, and Security Act of 2009 (“AgJOBS”). Whether as stand-alone measures or amendments to another bill, passage of the DREAM Act and AgJOBS during the lame duck session is vital and we ask you to make it a top priority.

Below is a summary of the December 2010 Visa Bulletin with respect to employment-based petitions:

* EB-1 remains current across the board.
* EB-2 Line ( World), Mexico and Philippines remain current, EB-2 China moves forward by one (1) week to June 8, 2006, while EB-2 India remains (again, for a number of consecutive months) unchanged at May 8, 2006.
* EB-3 Line moves forward by one (1) month to February 22, 2005, EB-3 China moves forward by two (2) weeks to December 8, 2003, while EB-3 India remains unchanged at January 22, 2002. EB-3 Mexico moves forward by fourteen (14) months to July 1, 2002 and EB-3 Philippines moves forward by one (1) month to February 22, 2005.
* The “other worker” category moves forward by three (3) weeks to April 22, 2003 for Line and China and Philippines. It remains unchanged at January 22, 2002 for India. Mexico moves forward by fourteen (14) months July 1, 2002.

Note: Mexico is shining with some strong improvements in the employment categories.

* FB1 Line, China, India and Philippines remain unchanged at February 15, 2006. FB1 Mexico moves forward by one (1) week to January 1, 1993.
* FB2A Line, China, India and Philippines move forward by two (2) months to August 1, 2010, while FB2A Mexico remains unchanged at March 1, 2010.
* FB2B Line, China and India remain unchanged at June 1, 2005. FB2B Mexico remains unchanged at June 22, 1992 and FB2B Philippines moves backwards by more than two years to March 1, 2000.

The number of Chinese students studying in the United States surged 30 percent in the 2009-10 academic year, making China, for the first time, the top country of origin for international students, according to “Open Doors,” the Institute of International Education’s annual report.

The report found that a record high of 690,923 international students came to the United States last year — nearly 128,000 of them, or more than 18 percent, from China. Over all, the number of international students at colleges and universities in the United States increased 3 percent for the 2009-10 academic year. India, which in recent years had been in the top spot, increased its numbers only slightly, to 104,897 last academic year.

But not all countries sent more students to the United States last year. The number coming from Japan declined 15 percent, and Mexico, Indonesia and Kenya each sent 7 percent to 9 percent fewer students than in the previous year.

Read the NY Times article here

Watch our Video on F1 and M1 visas here

The Bulgarian Foreign Ministry proposes the closing of 7 diplomatic missions abroad, Minister Nikolay Mladenov announced. For the very first time, Mladenov mentioned the names of the countries, in which the Bulgarian embassies will be proposed for closing to the Bulgarian Council of Ministers. They are: Sudan, Angola, Zimbabwe, Cambodia, Thailand, Mexico and Tunisia.

In order for the closing process to go smoothly enough, the Bulgarian Foreign Ministry considers temporarily sending additional diplomats in the neighboring countries of those mentioned. The choice is based on a scrutinizing financial analysis and on the necessity to optimize the system, according to the Bulgarian Foreign Ministry.

"The closings should not be read as a negative evaluation about the mutual relations between Bulgaria and those nations.", Minister Mladenov affirmed. "Some 15 employees will return", the Foreign Ministry spokesperson, Vesela Cherneva, clarified.

As a part of the optimization strategy, an additional 101 Bulgarian employees in foreign diplomatic missions will return to Bulgaria. Among these, 21 are diplomats. In June 2010, it was reported that Bulgaria considers closing a total of 30 of its diplomatic missions abroad. Currently, Bulgaria has 83 embassies, 6 permanent representations, 20 consular offices, and 2 diplomatic bureaus.

House Speaker Nancy Pelosi wants to push for a vote during the lame-duck session on a bill that would legalize young, undocumented immigrants if they attend college or serve in the military, according to Democratic sources familiar with a leadership conference call Wednesday.

A vote on the bill, known as the DREAM Act, could come as early as next week, the sources said. Pelosi asked Rep. George Miller (D-Calif.) and Rep. Xavier Becerra (D-Calif.) to assess the mood of the caucus, according to one source.

Senate Majority Leader Harry Reid (D-Nev.) had previously announced that he plans to bring up the DREAM Act during the lame duck session. His spokesman said Wednesday that Reid still hopes to call a vote.

Read more...

The move by Democratic leaders to put immigration back on the legislative calendar will win support from Latinos, whose strong turnout numbers in the West last week were credited with helping the party hold on to control of the Senate. Immigration advocates have pressed Democrats to move on the DREAM Act as a “down-payment” on their promise to push for a comprehensive immigration reform bill in the future.

The DREAM Act, which has some bipartisan support, would allow young illegal immigrants who came to the U.S. before age 16, and have been here for at least five years, to earn legal status if they pass background checks, attend college or serve in the military for at least two years.

A version of the measure was first introduced in 2001 and was drafted to address the situation of children and teenage immigrants who were brought to the U.S. illegally by their parents and have only known the U.S. as home. Many have no family or ties to their countries of birth.

According to a recent NPR story, Immigration and Customs Enforcement (ICE) wastes resources by targeting the wrong people for deportation. The study shows immigration judges are rejecting an increasing number if ICE's deportation requests.

The study, by a clearinghouse called TRAC, at Syracuse University, says immigration judges turned down one in three of ICE's deportation requests during a three month period this year.

That's up from one in four compared to the same period the previous year, according to the study.

Susan Long, co-director or TRAC, said the increase shows ICE is inefficient. "It says it isn't doing a good job of targeting people that need to be deported. And that's terribly wasteful of government resources."

The study says ICE wrongly targeted more than 300,000 out of 1.2 million in the last five years.

Judges in San Diego rejected 1,400 of ICE's deportation requests --640 were thrown out in Phoenix and 830 in El Paso.

Read more..

Today is Veterans day, and I wanted to send warm wards of support to our Veterans and the active duty men and women fighting for our country day and night.

As it relates to immigration, On July 3, 2002, President George W. Bush signed an Executive Order allowing certain noncitizens to become Naturalized citizens of the United States if they served an in an active-duty status during the war on terrorism.

Additionally,as a Gulf War veteran, one may be eligible for expedited Naturalization under Immigration and Nationality Act section 329, Naturalization through Active-Duty Service in the Armed Forces during World War I, World War II, Korean Hostilities, Vietnam Hostilities, or in other Periods of Military Hostilities. For example, if one performed active duty military service during the Persian Gulf (August 2, 1990 – April 11, 1991) or on or after September 11, 2001, one may be eligible for expedited Naturalization.

Even though one is a lawful permanent resident, an individual who meets the Active-Duty Service criteria does not have to be a permanent resident to apply for Naturalization. Note that if one did not enlist or re-enlist in the United States or its outlying possession, you must be a Permanent Resident of the United States on the day you file your Naturalization application. Furthermore, Naturalization Applicants do not need to meet certain requirements that all other Applicants must meet such as the continuously residence requirement. Since the burden of proving the eligibility falls on the applicant, one must be prepared to submit the original DD214 to the CIS when asked to do so at the interview. Send a copy of it to the USCIS together with the N-400 and other documents required in the Naturalization instructions.

We wish you a happy and safe Veterans Day!

There are certain employers, agents and even Attorney who engage in illegal and unethical practices. The government is working actively to punish such parties by excluding them from filing under the seasonal and permanent Labor Certification programs.

The Office of Foreign Labor Certification maintains the list below of employers, attorneys, and/or agents from the Permanent Labor Certification Program debarred under 20 CFR 656.31(f), the debarment provision, of the regulations governing the labor certification process. For more information on debarments under the Permanent Labor Certification Program, see 20 CFR 656.31(f).

For the complete list click here Download file

Here is a list for excluded H1B employer - click here

From 31 July 2009, migrants who applied for a Certificate of Approval between 2005 and 2009 have been able to apply for their fee to be repaid. They were required to show that paying the fee caused them real financial hardship at the time of payment. The advertised repayment scheme came to an end on 31 July 2010.

Since 31 July, the UK Border Agency has accepted some adhoc applications for a repayment of the COA fee. The Agency accepted such applications in the interests of ensuring that all those who may have suffered real financial hardship as a result of the COA fee had an adequate opportunity to apply for a repayment. From 1 December, however, the UK Border Agency will no longer accept such applications.

Those wishing to make an ad hoc application for repayment of the COA fee before the repayment scheme finally ends should use the Repayment of Certificate of Approval fee request form COAFR by visiting following link:http://webarchive.nationalarchives.gov.uk/20100503160445/http://www.ukba.homeoffice.gov.uk/sitecontent/documents/partners-other-family/coa-refund-form

Application forms should be sent by 30 November to the address below:-
UK Border Agency,
COA Ad Hoc Repayment Scheme,
NCC1,
Lunar House (9th floor),
40 Wellesley Road,
Croydon
CR9 2BY

All requests for repayment received by 30 November will be processed under the terms of the scheme. Applications made after 30 November will not be accepted and will be returned without processing. There will be no further extensions to this scheme.

In view of Mr. President Barack Obama visit to South Asian giant 'India', here are some updates on Indo-US bilateral relationship. The basic purpose of Mr. Obama's visit is to strengthen the bilateral relationship. U.S. President Barack Obama began his maiden visit to India on last Saturday by promising to remove restrictions on sensitive high-tech exports, a nagging irritant in the evolution of bilateral ties, even as he declared deals worth $15 billion that would support some 54,000 American jobs and seek to answer critics back home. This visit and the expected outcome of more employment generation is considered to be greatest achievement of Mr. Obama after the recent debacle in US Polls.

The White House will, of course, stay in Washington but the heart of the famous building will move to India when President Barack Obama landed in Mumbai on Saturday. Communications set-up and nuclear button and majority of the White House staff will be in India accompanying the President on this three-day visit that will cover Mumbai and Delhi, India. He will also be protected by a fleet of 34 warships, including an aircraft carrier, which will patrol the sea lanes off the Mumbai coast during his two-day stay there beginning Saturday. The measure has been taken as Mumbai attack in 2008 took place from the sea. Mr. Obama visit to Mumbai went considerably good.

The United States is the world’s largest recipient of Foreign Direct Investment (FDI). India is among the fastest growing investors in the United States. As the U.S.-India economic relationship deepens, investment from India contributes to the growth and vibrancy of the American economy and in the creation of jobs in the United States. Over the last decade, investment capital from India grew at an annualized rate of 53% reaching an estimated $4.4 billion in 2009. This growing flow of capital from India reflects the increased integration of the two economies and has brought many benefits to the United States, increasing U.S. exports and supporting tens of thousands of jobs in the last six years alone.

An increasing number of Indian-owned firms contribute to U.S. jobs, exports, and growth:

• Goods exports to India reached approximately $17 billion in 2009, in part due to increased FDI from India.

• Indian companies have aided the turnaround of struggling U.S. firms, saving jobs and improving company performance. They have also made important new investments, stimulating innovation and production in the American economy.

Just a few examples include:

* The Essar Group invested over $1.6 billion in the declining Minnesota Steel Industries and now employs over 7,200 people in almost a dozen states.
* The Tata Group has invested more than $3 billion in the U.S. and now employs nearly 19,000 throughout the country.
* Jubliant Organsys Total Capital invested $246 million in the U.S. and now employs nearly 900 employees throughout the country.
* Wockhardt, a pharmaceutical company, acquired Morton Grove for $37 million. The deal preserved the jobs of all 200 original Morton Grove employees.
* Crompton Greaves, an entity of the Indian conglomerate Avantha Group, has invested and partnered on a $20 million project to launch a Center for Intelligent Power with the University of Albany. The deal will create 100 high-tech jobs in upstate New York.

Indian FDI in the U.S. is on the rise:

• Indian investment capital is spread throughout the United States; it has reached states on both coasts and in the American Midwest. Geographically diversified investment by Indian firms has helped to support employment, particularly in towns reliant on industry and manufacturing that faced difficulties during the recent economic downturn.

• According to a report by Ernst & Young and the Federation of Indian Chambers of Commerce and Industry (FICCI), the largest share of investment capital from India has been allocated to industries associated with the knowledge economy. This capital is helping the U.S. increase employment in high value-added industries, such as IT and pharmaceuticals.

• FDI from India is expected to continue to grow in the future. There is strong interest from Indian investors in the power, steel, and extractive industries. The pharmaceuticals and health care industries are also expected to receive major investments. This inflow of capital will expand the U.S. economy across a wide variety of fields, creating jobs and keeping the U.S. competitive in global markets.

The problem of illegal immigration is one of an endless debate. Ruben Navarrette JR. wrote an interesting story about American dependency on illegal labor.

Americans are still addicted to illegal immigrant labor — particularly around the house. And still, we hear that the only reason we have illegal immigrants in the United States is because the federal government isn't enforcing the law.

From October 2009 through September 2010, ICE deported 392,000 illegal immigrants — a record number. More than half had been convicted of criminal offenses. ICE has also gone after employers who hire illegal immigrants and imposed more than $50 million in fines during the last two years.

You would think that the close-the-border crowd would be pleased as punch. They're not. From what you hear on cable TV and right-wing talk radio, they give Morton a failing grade.

Why? Because there are still illegal immigrants in the United States and more on the way. That's true. And the sun still comes up in the morning. There are some things you just can't stop.

Before we can effectively determine a solution, it must be accepted that there is a problem. The problem is on the side of our government not able to take charge of a comprehensive reform of the system. The problem is also with all us and our perception of illegal immigrants.

The International Exchange Center issued a practice guide regarding J1 visas for Trainees and Interns.

New final rules became effective Sept. 9, 2010 for J trainee and intern programs 22 C.F.R.§ 62 (2010). With few exceptions, the final rule will produce little change to the way J trainee and intern programs have been administered since the interim-final rule of 2007.

What are the significant changes?

1. Clarification of the required academic background for interns.
2. Elimination of the requirement that sponsors secure a Dun & Bradstreet report on all host companies.
3. Clarification that social work falling under Public Administration and Social Service Professions is allowed; clinical social work is not allowed.
4. Clarification that dental services are not allowed.
5. Elimination of training or internships for counter help positions.
6. Clarification that telephone interviews are appropriate when video conferencing is not available for the purpose of screening English language proficiency.

Who can be an intern under the new rule?

Interns must be either currently enrolled in and pursuing post-secondary academic studies abroad, or have graduated from an overseas post-secondary academic institution no more
than 12 months prior to the start date of his or her exchange visitor program. In the Analysis of Comments to the new rule, the Department of State explains that it expect “currently enrolled” to mean that the potential intern has completed at least two academic semesters’ credit before participating in a J internship program.

An internship must be in the intern’s specific academic field.

Who can be a trainee?

The new rule makes no changes to the definition of a trainee. Trainees are individuals who have either a degree or professional certificate from a postsecondary academic institution abroad and at least one year of related work experience acquired outside the United States, or have five years of related work experience acquired outside the United States. A trainee program must be in the applicant’s specific occupational field.

What about foreign nationals with degrees from the United States?

The new rule does not change that U.S.-based education or degrees cannot be used to
establish eligibility for either J-1 training or intern programs.

Will sponsors screen applicants differently?

Sponsors must interview every J-1 applicant either in-person or by video conference or web camera. The new rule allows sponsors to use a telephone interview if a video or web camera conference is not possible. All third parties involved in the recruitment and selection process must have a written agreement with the sponsor detailing what are the parties’ responsibilities.

Who can be a host organization?

A host organization conducts training or internship programs on behalf of Department of
State designated program sponsors (such as the American Immigration Council). A host
organization must sign a written agreement with the program sponsor. Host organizations that have not successfully participated in the J visa sponsor’s training or internship programs must be visited by a representative of the visa sponsor prior to approval of a DS-2019. Companies with 25 or more employees or with at least three million dollars in annual revenue are exempt from this mandatory visit.

The host organization must have workers’ compensation insurance. Where possible, the
intern or trainee must be covered by the insurance. The host organization must be able to provide an Employer Identification Number (EIN). The requirement found in the interim-final rule that all host organizations have a Dun & Bradstreet Number has been dropped in the new rule.
Host companies must agree to contact the visa sponsor immediately in the event of an emergency involving trainee or interns. The final rule clarifies that social work falling under Public Administration and Social Service Professions is allowed; clinical social work is not allowed.

Continue reading "J1 Visa Attorney - Facts about the final rule for Trainee and Intern programs" »

Love it or hate it - it works! The people have spoken! President of AILA, David Leopold said it well:

I worry that Rep. Lamar Smith, the expected chair of the House Judiciary Committee, will use his gavel not to fashion an historic overhaul of the broken immigration system, but to thwart any meaningful effort to fix it; that he will take us back to the mean spiritedness that resulted in the passage of the infamous H.R. 4437 which would have criminalized the undocumented. I fear that Rep. Steve King, the likely chair of the House Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law, will use his newfound subpoena power not to design a safe, orderly, and fair immigration policy for America, but to embarrass the Administration by dragging President Obama’s aunt up to Capitol Hill to interrogate her about her asylum status.

I hope I am wrong. I hope the new House majority will seize the opportunity to do the right thing and reach across the aisle for the good of the country.

The voters spoke loud and clear yesterday. This election was about the economy; about jobs in the midst of a jobless recovery. But now it is time to set aside partisanship for the good of the country. And that includes working in a bipartisan way to fashion an immigration policy that will,

* Attract the best and the brightest to our universities, research institutions and industries;
* Create a system for skilled and unskilled workers that promotes our economy and enables employers to grow their businesses;
* Legalize 11 million unauthorized immigrants whose full participation in the US workforce will increase the wages and working conditions of all Americans by adding $1.7 trillion to the gross domestic product over the next 10 years, add $5 billion in consumer spending, and create nearly a million jobs; and, of course,
* Zealously guard due process and the rule of law.

In 1989, in his final address to the nation, President Ronald Reagan described his vision of America as a shining city, humming with commerce and creativity, where “the doors were open to anyone with the heart to get here.” He understood that our nation’s strength is its openness; its celebration of creativity and new ideas.

We can only hope that those who claim his legacy heed his lesson.

All we can do it look ahead and keep up the good work.

It is election day in San Diego and all 1,466 polling locations in San Diego County opened on time today, and no major voting problems have been reported, the Registrar of Voters said. How will this election results affect Immigration will remain to be seen.

The Republican class set to sweep into the House after Tuesday’s midterm elections could include several freshmen who have some experience cracking down on illegal immigration. Take Sen. Jeff Perry, who’s running against Democrat William Keating for an open seat in a Massachusetts district that includes Cape Cod. For the past four years, Perry has introduced a bill that would ban illegal immigrants from accessing social services such as public housing.

If he wins, Perry plans to introduce federal legislation that would stop social services funding, just like the law he tried to get through in Massachusetts, and supports ideas such as a mandatory national verification program that isn’t popular with business groups and Republican House leaders.

Should Republicans gain control of the House Tuesday, Smith and Rep. Steve King (R-Iowa) would likely be leading investigations of the Obama administration’s enforcement of existing laws as the likely new chairmen of the House Judiciary Committee and its Immigration Subcommittee. Smith has campaigned for Perry in his district, praising him for his work on immigration and saying wants to see Perry on the Judiciary Committee.

So many times a client will come to the office and ask for an extension to stay longer in the United States. Many times we will determine that the client is already out of status, and an extension can not be filed. When I inform the client of the news, the reaction is often one of shock, how can that be, my visa is good for 5 years???

There is a common misconception that a U.S. visa is the evidence of your lawful status in the United States. Many individuals have difficulty understanding the difference between the visa expiration date and the length of time you have permission to remain in the U.S. These are very different terms.

A visa must be valid at the time a traveler seeks admission to the U.S., but the expiration date of the visa has no relation to the length of time a temporary visitor may be authorized by the Department of Homeland Security to remain in the United States.

Having a U.S. visa allows you to travel to a port of entry and request permission to enter the U.S. A visa by itself doesn’t authorize entry to the U.S. While having a visa does not guarantee entry to the U.S, it does indicate a consular officer at a U.S Embassy or Consulate abroad has determined you are eligible to seek entry for that specific purpose. The time between visa issuance and expiration dates is called your visa validity. The visa validity is the length of time you are permitted to travel to a port-of-entry in the U.S. At the port-of-entry, a U.S. immigration officer decides whether to allow you to enter and how long you can stay for any particular visit, as part of the Admission process.

At the port of entry, upon granting entry to the U.S., a U.S. immigration inspector, provides you a small white card, Form I-94, Arrival-Departure Record in your passport. Visa Waiver Program travelers receive Form 1-94W. On this form, the U.S. immigration inspector records either a date or "D/S" (duration of status). If your I-94 contains a specific date, then that is the date by which you must leave the United States. If you have D/S on your Form I-94, you may remain in the U.S. as long as you continue your course of studies, remain in your exchange program, or qualifying employment. The date or D/S notation, shown on your Arrival-Departure Record, I-94 or I-94W is the official record of your authorized length of stay in the U.S.

You cannot use the visa expiration date in determining or referring to your permitted length of stay in the U.S. If your visa expires while you are in the U.S., you will still be able to remain in the United States during your authorized period of stay, which is noted on your I-94 card.

Therefore, to determine how long you may remain in the U.S., you need to refer to your Arrival-Departure Record, but not to your visa expiration date. You may have a visa valid for 10 years while your Arrival-Departure Record has a notation that it expires in 6 months. This means that you have to leave the U.S. in 6 months unless you file for extension of your authorized stay.

U.K. Prime Minister David Cameron said Monday his government would do everything possible to prevent a planned immigration cap from depriving U.K. companies of skilled workers from overseas. In a speech to the Confederation of British Industry on Monday, Mr. Cameron signaled the government was rethinking how the cap on non-European Union migrants might work. "As we control our borders and bring immigration to a manageable level, we will not impede you from attracting the best talent from around the world," Mr. Cameron said.

However, a spokeswoman for the prime minister said the government had always said it wanted its new immigration cap to ensure businesses could attract skilled workers. Business Secretary Vince Cable, who has been critical of the immigration cap, said "there's no change" in policy and that the government had always said it would create a flexible system. "There's a common view that we have to have a cap on non-European Union immigration.

The government has said it will announce the new cap-and how it will operate-next spring. Businesses have been pressing for the system to be flexibly designed to ensure businesses don't face obstacles in filling key posts. In a speech that focused on shifting the government's message from austerity measures to growth and job creation, Mr. Cameron on Monday outlined initiatives to boost enterprise. These included a £200 million ($313.6 million) investment in technology and innovation hubs, and the government's national infrastructure plan.

Mr. Cameron's comments on boosting growth came as the U.K. is set to report third-quarter figures Tuesday that are expected to show growth slowed significantly from the strong expansion shown between April and June. Mr. Cameron also spoke about developing a program that would give unemployed people money to start a new business. "We are pushing forward a scheme where you will be able to roll up some of your benefits and borrow some additional money to set up a new firm," he said.

Mr. Cameron's comments develop a concept that Work and Pensions Secretary Iain Duncan Smith outlined this month at the Conservative Party conference in Birmingham. Mr. Duncan Smith said the government planned to launch a program to give eligible unemployed people £2,000 each to start a small business, adding that the plan aimed to establish 10,000 new small businesses by next year.

Mr. Cameron also said Monday that the government will invest £60 million to meet the needs of offshore wind infrastructure at U.K. ports. Following the announcement, General Electric Co. reaffirmed its plan to invest £100 million in the U.K.'s offshore wind sector. The move could create up to 1,900 jobs in the U.K. by 2020, the company said.

Ed Miliband, leader of the opposition Labour Party, Monday cautioned that focusing entirely on reducing the budget deficit would stifle economic growth. During his address to the conference, Mr. Miliband said the government must be open to changing its strategy if economic conditions worsen. Mr. Miliband said his party would be selective about which spending cuts it would oppose and which it would support.

Speaking at the CBI conference later, Danny Alexander, the No. 2 in the government's Treasury team, defended the cuts as "the only way to prevent higher interest rates, rising inflation and more taxes." He also said the tough decisions of recent weeks showed the coalition government of Mr. Cameron's Conservatives and his Liberal Democrats party was working.

"Of course, it's still early days. But after five months in office and some of the most difficult decisions any modern government has had to make, those doubts have been laid to rest, because coalition is the right form of government for these times, and our two parties can be proud of the way we've made it work," Mr. Alexander was due to say, according to extracts of his remarks provided by the Treasury.