Visa Lawyer Blog

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Our clients, participants of J-1 exchange visitor programs, are often confused as to the nature of this rule and its applicability. Below is a summary on what this rule means and when it applies.

Certain J-1 exchange visitors are subject to two-year foreign residence requirement, also known as a “two-year rule” (see Section 212(e) of the Immigration and Nationality Act). Exchange visitors who are subject to the two-year rule cannot change their status to that of H, L, K, or immigrant lawful permanent resident until they have returned to their home countries for at least two-years or received a waiver of that requirement. Please note that you do not have to reside in your home country for uninterrupted two years. If you reside in your home country for ten months and then depart, you are still subject to the rule. When you come back to your home country, you will need to reside there for fourteen more months to satisfy the requirement.

The exchange visitor is subject to the two-year home country physical presence requirement if the following conditions exist:

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The US Embassy in Slovakia stated in an announcement that its country’s visa regime works according to the principle of reciprocity and noted that after several years of negotiations, the Slovak government has failed to modify the visa validity for Americans working in Slovakia beyond the current limit of two years.

Currently, Slovaks working temporarily in the United States in the H, L, O, P, and R categories receive visas valid for five years. Based on this lack of reciprocity, the US government has reduced the validity of the H, L, O, P, and R non-immigrant visa categories for Slovaks from the current 60 months with multiple entries, to 24 months with multiple entries, effective immediately.

A $60 reciprocity fee, payable at the US Embassy at the time of the interview for a US visa, will also be added, the embassy wrote, in order to bring the two countries’ fees into a more reciprocal relationship.

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Arizona’s Toughest Sheriff Joe Arpaio brings his round-’em-up-and-deport-’em politics to Las Vegas on latest stop of Tea Party Express. In a packed saloon on the edges of town last night, the Tea Party Express battle bus rolled in and fired up a crowd of about 2,000 supporters with lurid tales of the war against the illegal hordes.

The headline speaker was “America’s Toughest Sheriff”, Joe Arpaio, from Maricopa County in Arizona, which covers the state’s capital city, Phoenix. He has lit the fuse of the immigration debate in America with his hardcore round-’em-up-and-deport-’em politics.

As he came on stage the crowd gave a huge roar of approval, and a Tea Party band sang: “We stand with you Arizona / The rule of law in this land / What part of ‘illegal’ don’t they understand.” “It’s very simple,” Arpaio began. “I have the solution, but nobody wants to listen to me.” The crowd booed.

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When times get tough, Immigration fraud is on the rise. Pretty disturbing news. A Brazilian husband and wife were sentenced Thursday for their involvement in a $55 million visa fraud scheme, following an investigation led by the U.S. Immigration and Customs Enforcement (ICE) Office of Homeland Security Investigations (HSI).

Wilson, 63, and Valeria Barbugli, 57, were sentenced to 18 and 24 months in federal prison, respectively, by U.S. District Judge Mary S. Scriven, Middle District of Florida. The couple was convicted of conspiracy, visa fraud and alien smuggling as part of an elaborate scheme which allowed illegal aliens to work at jobs that normally would have been filled by U.S. citizens.

As part of their sentence, the court also imposed a money judgment in the amount of $55 million, which represents the illegal proceeds generated during the course of the conspiracy.

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The Immigration Act 2009 comes into effect from 29 November 2010. Until then the Immigration Act 1987 applies. The key changes factsheet is a good place to start. It gives an overview of what’s happening, and gives an introduction to the other factsheets, which include:

* New terminology and concepts – outlines, for example, how we will no longer use the word ‘permit’ and instead use the word ‘visa’, and that the terms ‘residence permits’, ‘residence visas’ and ‘returning resident’s visas will be replaced by ‘resident visas’ and ‘permanent resident visas’ – but there is no change to existing categories for people wishing to settle in New Zealand.

* Residence – explains how people granted residence in New Zealand will be granted ‘resident visas’ with ‘travel conditions’, or ‘permanent resident visas’, and what these things mean.

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Many readers of the Blog and our clients often want to know how can they qualify for the H1B visa even without a degree. Attorney Kate Powell from our office prepared an excellent article on the topic and it is featured below.

H-1B is a nonimmigrant work visa category, which applies to people who wish to come to the U.S. to perform services in a specialty occupation. Some think that they are not qualified for this visa category merely because they do not hold a baccalaureate level of education. In actuality, there are ways to overcome the Bachelor’s degree requirement if you have enough qualifying work experience. Below is the summary of the current regulations and guidelines that can help you determine whether you can qualify for H-1B.

Pursuant to Title 8, Code of Federal Regulations (8 C.F.R.), part 214.2 (h) (4) (iii) (C), you can qualify for a specialty occupation based on education, specialized training, and/or progressively responsible experience that is equivalent to completion of a United States baccalaureate or higher degree in the specialty occupation, and you have recognition of expertise in the specialty through progressively responsible positions directly related to the specialty.

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Congressmen Chris Lee and Brian Higgins plan to announce plans for a grand opening of a new State Department passport office on Genesee Street in downtown Buffalo.

The full-service passport issuance agency in Western New York provides greater convenience and service for communities, and it will be able to issue required travel documents within hours in the case of emergencies.

The closest passport agency right now is located in downtown Manhattan. The official announcement of the new passport center will be made next week.

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We are informed by AILA and the American Civil Liberties Union that there has been a relatively large-scale ICE enforcement operation conducted in the past 24 hours in relations to a bakery in Otay Mesa.

There have been multiple search warrants executed and many arrests–with some entire families having been taken into custody. Preliminary word is that several managers of the bakery may be prosecuted criminally on immigration-related charges, and many workers (perhaps dozens) will face removal proceedings and/or attempts by ICE to have them accept voluntary removals. We will keep our readers posted as new developments come up.

Last year, a sweep targeting illegal immigrants led to the arrest of more than 300 people – including at least 125 with criminal histories – in San Diego and Imperial counties. The arrests were part of a statewide operation that netted more than 1,000 arrests.

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The U.S. Department of Labor Employment and Training Administration Office of Foreign Labor Certification, issued a Frequently Asked Questions on Permanent Labor Certifications, titled Round 12.

In that update they answer the employer point of contact questions that is often asked by employers. The answer is that the employer must designate as its point of contact an employee of the employer who is authorized to act on its behalf in labor certification matters pertaining to the specific job opportunity for which certification is sought.

The designated employee may not be the sponsored foreign worker. The employer point of contact will be contacted by the National Processing Center to verify whether the employer is authorizing the filing of the application and sponsoring the foreign worker named therein.

Therefore, an authorized employee’s name and contact information must be listed in Section D of the employer’s submitted ETA Form 9089. It is not acceptable, for example, to reenter the employer’s name listed in Section C of the ETA Form 9089 or provide a generic title such as “HR Manager.”
Moreover, as indicated on the ETA Form 9089 and accompanying instructions, such a person’s name and/or contact information, e.g., the phone number and email address, must be different from the attorney or agent name and/or contact information listed in Section E of the ETA Form 9089, unless the attorney or agent is an employee of the employer. This has been a subject of a few audits in recent years.

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Singaporeans who are successful in their application for a passport will have the option of collecting their passports from selected Singapore Post Limited (SingPost) outlets from October 15, 2010 onwards. Eligible passport applicants will be informed through the passport collection notification card or by email if they apply for a passport through APPLES, the online passport application system. Those who wish to enjoy the service offered by SingPost can select the preferred venue for collection via the Immigration and Checkpoints Authority’s (ICA) e-Appointment system which is available through the ICA website at www.ica.gov.sg.

The ICA has collaborated with SingPost to bring greater convenience to Singaporeans without compromising on security. In addition to the option of applying for passports at SingPost since 2008, Singaporeans may now also collect passports from selected SingPost outlets. SingPost was chosen to offer this service to Singaporeans after a rigorous tender process. ICA is also satisfied SingPost has put together a robust and stringent process to ensure the secure delivery, custody and collection of the Singapore passport at its outlets.

Singaporeans who are eligible for this service will be able to enjoy the convenience of collecting their passports from SingPost’s wide network of outlets strategically located across the island. There will be a service fee payable to SingPost for the successful collection of each ICA document at designated SingPost outlets. There are 20 designated SingPost outlets selected to offer this service to ICA customers. As an added advantage, some SingPost outlets have extended operating hours up till 8pm and are open on weekends and public holidays.

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