This is a reminder to all I-601 waiver applicants, there is no fee waiver for this application no matter what is your situation. USCIS has received numerous applications filed without the appropriate fee due to an incorrect interpretation of the regulations.
The authority to waive or exempt payment of the $545 fee as discussed in the Code of Federal
Regulations 8 CFR 245.1(f) cites an October 1977 law that applied only to applications from
1. There is a very high rejection rate of I-907 premium processing requests. (SCOPS chief Barbara Velarde mentioned in Vancouver at the National Immigration conference that the rejection rate was approximately 60%.) Prior to the suspension of premium processing for I-140’s last Fall, only certain I-140 case types were eligible. For example, National Interest Waivers and Multinational Managers were not eligible for premium processing. Those case types are still not eligible for premium processing, even in an “H-out” situation.
2. The current program is only available if the beneficiary is in the U.S. in H-1B status. Those beneficiaries who have already run out of H-1B time, and who changed status or left the U.S., are not able to benefit at this time.
DOS released the Visa Bulletin for August 2008. In addition to the 3rd Preference category, the Other Workers category is now unavailable.
EB2 category is current for all countries, except for India and China. However, the India and China cutoff date has moved forward to June 1, 2006. This is amazing forward movement, as it is the most favorable cutoff date in EB2 for either country since the July 2007 Visa Bulletin. Individuals from India and China who missed the I-485 filings during July 2007, may have the opportunity to file their I-485s in August 2008. The eligibility to file would apply to those who have EB2 priority dates prior to June 1, 2006 and are otherwise eligible to file the I-485.
Check the most recent visa bulletin here
We are a small immigration law firm, but we often get contracted by clients of larger firms for second opinion, under a strict confidentiality relationship. In the past few months we have been getting calls from clients or larger firms for PERM, I-140, and other related Permanent Residency cases. Sometimes, we just re assure the client that all is well, in some cases we find serious errors by the larger firms lawyers. Therefore I wasn’t surprised to hear about the following decision by the DOL just this week.
The U.S. Department of Labor today announced that it has begun auditing all permanent
labor certification applications filed by attorneys at Fragomen, Del Rey, Bernsen & Loewy LLP. The department has information indicating that in at least some cases the firm improperly instructed clients who filed permanent labor certification applications to contact their attorney before hiring apparently qualified U.S. workers. The audits will determine which, if any, applications should be denied or placed into department-supervised recruitment because of improper attorney involvement in the consideration of U.S. worker applicants.
The nation’s severe nursing shortage, now in its ninth year, challenges hospitals’ ability
to operate at full capacity to care for their communities. The American Hospital Association (AHA) issued a statement in support of the Emergency Nurse Supply Relief Act. If this Bill will pass thousands of Nurses will be able to enter the US and join hospitals, desperate for skilled nursing professionals.
The letter states: The long-term solution to our nursing shortage requires a substantial expansion of ourdomestic supply through a considerable increase in nursing school capacity and completion rates. Meanwhile, immigrant nurses are needed in substantial numbers to fill
In the past few weeks we succeeded in getting several Extreme Hardship (I-601 Waivers) approvals at the US Consulate in Ciudad Juarez. The amazing thing is that many of these cases got approved the same day. Here is a detailed report of the experience by one of our clients. We hope this information will help the numerous families that are about to embark on this difficult journey.
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This is my complete experience of becoming a legal permanent resident. I hope it helps those who are going through this confusing time.
Some news to report in the Immigrant Investor Visa category. USCIS approved the Southeast Los Angeles Regional Center for the EB-5 Pilot Program. The USCIS also approved and designated the Los Angeles Film Regional Center for participation in the Immigrant Investor Pilot Program.
Click Here to Read the Approval Letters for Southeast LA Download file
Click here for the LA Film Regional Center Download file
If you hold a green card and know in advance that you must be outside the United States for more than one year, it’s worth applying to USCIS for a reentry permit. This lets you to stay away for up to two years. You should send in your application before leaving. Reentry permits cannot be renewed and can be applied for only inside the United States. If you want to stay away for more than two years, you must return briefly and apply for another reentry permit.
The USCIS has recently changed the system and procedure for processing reentry permits and refugee travel documents. These applications are made on Form I-131, Application for Travel Document. Under the new procedures, effective March 6, 2008, applicants for reentry permits and refugee travel documents must provide biometrics information before leaving the United States. This is done via an appointment at an Application Support Center, scheduled after the filing of Form I-131by USCIS. The new procedures do not pertain to the advance parole, as they only pertain to the reentry permit and refugee travel document.
The new procedures apply to individuals between the ages of 14 and 79 who are applying for reentry permits and refugee travel documents. They are advised to apply well in advance of their need to travel and, with limited exception, the fingerprinting and photographing must occur before departure. The USCIS indicates that the filing receipt and notice of appointment at the ASC are mailed to the applicant shortly after the I-131 is filed. There is an option for providing the USCIS with pre-paid express mailers, for transmitting the receipt and appointment notices as well as the reentry permit more quickly. However, this apparently requires a specific request for expedited processing and justification for that request. Such cases will be reviewed on a cases by cases basis.
Due to the recent influx in inquiries about this Immigrant visas, I have decided to post a little summary and updates.
The EB-5, Green Card through investment, was created to promote investments in businesses and to create and preserve jobs in the U.S. You can become a lawful permanent resident by establishing a new commercial enterprise and provide full-time employment to at least ten U.S. citizens, legal permanent residents, or other immigrants with employment authorization.
Under section 203(b)(5) of the Immigration and Nationality Act (INA), 8 U.S.C. § 1153(b)(5), 10,000 immigrant visas per year are available to qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise.
We process numerous EB1 cases at the firm, I consider theses case to be the most difficult and challenging to win. Take for example the recent AAO non precedent denial of an EB1 case. The AAO upholds the denial of an I-140 petition for classification as a research scientist of extraordinary ability, finding that the petitioner failed to establish sustained national or international acclaim. Evidence in many of the categories was rejected as not setting the individual apart from others in the field.
The EB-1 visa is an immigrant visa, which allows foreign nationals with ‘extraordinary ability’ in the sciences, arts, education, business, or athletics to obtain permanent residency in the U.S. The achievements must have been demonstrated by sustained national or international acclaim be recognized in the field through extensive documentation.
Read the court decision here Download file
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