Visa Lawyer Blog

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I previously reported on changes to the H2B visa program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11.

Under Department of Homeland Security (DHS) regulations, U.S. Citizenship and Immigration Services (USCIS) may approve petitions for H-2A and H-2B nonimmigrant status only for nationals of countries that the Secretary of Homeland Security, with the concurrence of the Secretary of State, has designated by notice published in the Federal Register. That notice must be renewed each year. This notice announces that the Secretary of Homeland Security, in consultation with the Secretary of State, is identifying 53 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year.

Nationals from the following countries are eligible to participate in the H-2A and H-2B nonimmigrant worker programs:

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Tech companies and the U.S. Chamber of Commerce have bemoaned the shortage of American students earning advanced degrees in math, engineering and science; half of all graduate students in those subjects at U.S. universities are foreign-born.

House Oversight Committee Chairman Darrell Issa (R-Calif.) introduced a bill Wednesday that would pave the way for up to 55,000 foreign graduate students at American universities to obtain a green card.

Issa’s bill would make it easier for those graduate students to stay in the country after earning their degree by allowing up to 55,000 graduates holding advanced degrees from U.S. universities to earn green cards, provided they have found employment “in the sciences or medicine.”

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Beginning January 10, 2011, the U.S. Embassy and Consulates in Mexico will process visas differently. Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview. The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview. ASCs will be located in buildings separate from the U.S. Embassy and Consulates.

The new process will provide several advantages to applicants:
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Total visa application costs will go down. Applicants will no longer pay one fee to obtain information and schedule the appointment, another fee for the visa application, and a third fee for courier service. Instead, they will pay only one application fee that will cover the appointment, application, and courier fees. The current application fee will stay the same: USD140 for a tourist application, USD150 for petition-based cases (including temporary worker visas), and USD390 for treaty-trader and investor visas.

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Many applicants who are renewing their visas will no longer require an interview with a consular officer. These applicants can simply visit the nearest ASC in order to submit application documents and provide fingerprints. See the links below for more information on the Interview Waiver Program.

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Because the collection of biometric information will take place at the ASC, applicants who are required to visit both the ASC and the consular section should spend less time at the consular section than they have had to in the past.

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Applicants at the U.S. Consulates in Ciudad Juarez, Monterrey, and Nuevo Laredo will no longer pay a USD26 surcharge.

What is the new process for applying for a nonimmigrant visa to the United States?

Before applicants can schedule an appointment, they will be required to complete the DS-160 online application and pay the visa application fee (MRV fee). If the applicant chooses to pay the MRV fee at Banamex or Scotiabank, each applicant will print a deposit slip with the correct amount of the MRV fee and the applicant’s receipt number.

The MRV fee can also be paid by credit card through the appointment website or by telephone. The appointment website will be available soon. Whether the applicant schedules an appointment through the web site or through the call center, the DS-160 nonimmigrant visa application form bar code number and the MRV receipt number will be collected prior to the scheduling of the appropriate appointment for the ASC as well as the consular section appointment, if required.

During the scheduling process, applicants will have an opportunity to choose a convenient DHL location to pick up their passports with the approved visa.

How will the new process work?

* Before making an appointment online or contacting the Call Center to make an appointment, applicants will download a deposit slip and pay the visa application fee at any Banamex or Scotiabank location. The fee can also be paid online or by telephone using a credit card.

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Yes we still have H1B visas available. U.S. Citizenship and Immigration Services (USCIS) announced that as of December 31, 2010, it has received 57,300 H-1B petitions counting toward the congressionally-mandated 65,000 limit.

Congress has established an annual fiscal year limitation of 65,000 on the number of available H-1B visas, commonly referred to as the “H-1B cap.” Under the terms of the legislation implementing the United States-Chile and United States-Singapore Free Trade Agreements, 6,800 of the 65,000 available H-1B visas are set aside for the Chile/Singapore H-1B1 program. However, USCIS adds back to the H-1B cap the projected number of unused Chile/Singapore H-1B1 visas, which for this fiscal year is 6,350. This means that, of the approximately 64,550 H-1B visas available this year, around 7,250 remained as of December 31, 2010.

USCIS previously confirmed that it has received 20,000 H-1B petitions for employees with advanced degrees from U.S. colleges and universities, thus reaching the annual limit on H-1B petitions in the advanced degree category. Accordingly, additional H-1B petitions received in this category will be adjudicated under the general 65,000 cap.

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The Department of State announced the introduction of a redesigned Consular Report of Birth Abroad (CRBA). The CRBA is an official record confirming that a child born overseas to a U.S. citizen parent acquired U.S. citizenship at birth. The redesigned document has state-of-the-art security features that make it extremely resistant to alterations or forgery.

CRBAs have been printed at U.S. Embassies and Consulates around the world since their introduction in 1919. Effective January 3, 2011, CRBAs will be printed at the passport facilities in Portsmouth, New Hampshire and New Orleans, Louisiana. Centralizing production and eliminating the distribution of controlled blank form stock throughout the world ensures improved uniform quality and lessens the threat of fraud.

Applications for U.S. passports and the redesigned CRBA will also use the title of “parent” as opposed to “mother” and “father.” These improvements are being made to provide a gender neutral description of a child’s parents and in recognition of different types of families according to the Department of State.

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A few months ago we posted the most recent update about Visa Waiver overstay adjudications in San Diego District office and other offices, see here

In San Diego the situation is still on hold and there is no clear guidance yet. Nationwide we have some clarity. This is the update by Stephen Manning, AILA Amicus Chair & Laura Lunn, 2010 ILG Summer Immigration Litigation Fellow:

In Bradley v. Holder, the government filed a Brief in Opposition to the cert request. While it seems doubtful that the Supreme Court will grant certiorari to hear the argument given the government’s position and the general state of the law among the circuits, the government’s brief presents the position of the United States. Indeed, the brief can be cited in litigation as the considered interpretation of the statutes and policy of the United States as it comes from the Solicitor General.

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More news from Arizona. Immigration hawks Sen. Russell Pearce, the author of SB1070, and Rep. John Kavanagh will attend a Jan. 5 press conference at the National Press Club to introduce model legislation that aims to force the U.S. Supreme Court to weigh in on the longstanding interpretation of the 14th Amendment that grants citizenship to the U.S.-born children of illegal immigrants. Lawmakers from 14 states who plan to introduce the bill will attend as well.

Legislators in Alabama, Arizona, Delaware, Idaho, Indiana, Michigan, Mississippi, Montana, Nebraska, New Hampshire, Oklahoma, Pennsylvania, Texas and Utah plan to introduce birthright citizenship bills in 2011. What a way to start 2011??

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Immigration law is important and that is all that we cover most of the time. But our immigrant readers, may be facing other legal challenges from time to time. So we rely on our lawyer friends from across the country, to provide guest articles and reports. This week we are proud to feature Attorney Habib Hasbini’s Employment Law expertise.

Many of our clients and Blog readers are immigrants on work visas. Employment Law and Immigration often go side by side, so the info presented in this article should be very useful to our readers. We often hear the term overtime as it relates to employment practices, but what is Overtime?

An employer may dictate the employee’s work schedule and hours and legally require the employee work overtime. The employer may discipline an employee, up to and including termination, if the employee refuses to work scheduled overtime.

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As Lawyers specializing in Investment visas we often get questions from clients about the amount of investment needed for an E2 visa and what money can be used to invest. The source of the funds is a key determination for any successful E2 case.

The E2 visa is a special non-immigrant visa available to nationals of treaty countries entering the US to do the following:

a.) Develop and direct the operations of an enterprise in which they have invested, or are actively in the process of investing a substantial amount of capital;

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We recently learned that USCIS is planning to publish proposed rule to establish a mandatory, Internet-based, electronic registration process for U.S. employers seeking to file H-1B petitions for workers that are subject to either the 65,000 or 20,000 annual numerical limitations.

This rule proposes an electronic registration program for petitions subject to numerical limitations contained in the Immigration and Nationality Act. Initially, the program would be for the H-1B nonimmigrant classification; however, other nonimmigrant classifications will be added as needed.

This action is necessary because the demand for H-1B specialty occupation workers by U.S. companies generally exceeds the numerical limitation. This rule is intended to allow USCIS to more efficiently manage the intake and lottery process for these H-1B petitions. We are concerned that large H1B filers may find a way to abuse the registration system, leaving smaller employers at a risk of loosing visas.

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