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
The government is stepping up enforcement efforts against employers. ICE announced that a former and current top executive for a McDonald’s franchisee in Nevada, plead guilty to federal felony immigration offenses for encouraging undocumented foreign nationals to live in the United States.
ICE officials claim that company management employed individuals they knew were in the country illegally, including two restaurant managers, by furnishing them with names and Social Security numbers belonging to other individuals. In addition, Jimmy Moore, 47, the franchisee’s former vice-president, pleaded guilty to one felony count of inducing an illegal alien to remain in the United States. At sentencing, Moore faces a maximum penalty of up to five years in prison and a $250,000 fine.
Employers beware, things will only get uglier.
We process many TN visa cases at our office and through our self help kit guide on the TN Visa Expert Site. The TN visa is available for Canadian and Mexican citizens. The applicant must be coming to work in the United States as one of 65 job titles defined in Chapter 16, Annex 1603, Appendix 1603.d.1.
and possess the required education and/or experience.
Some applicants do not seem to fit the typical job title listed, and our job is to try to stir them in the correct direction. I wanted to bring an example of a recent successful case where we did just that. This applicant held a Bachelor of Commerce with a double Concentration in Organizational Behavior and Marketing from McGill University and a Master’s of Applied Positive Psychology from Ivy League University of Pennsylvania. Original job title was a personal coach. I have looked further into her company and other duties and reralized that Technical Writer could work. This is a good General job title that can be used very effectively when crafting NAFTA TN applications. It worked, and you can read her story below including the cover letter that we used.
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Hi Jacob, I’m in, With a fresh new TN visa in hand!
I brought a book with me, and when I went in the office, I sat down and started to read. When the agent called me, he asked what position I was applying for. I said “Technical Writer” and then laughed and added “I’m a bit of a nerd!”. He then quickly tried to find my degrees to make sure I qualified and after seeing my transcript, he said “You have a 4.0 GPA?” So I replied “Well… I already said I was a bit of a nerd!” So the agent added it all up – she gets here, sits down and reads, applies for Technical Writer and has a 4.0 GPA on her Master degree from UPenn – that’s solid! He then looked at my articles that I had printed as a proof of experience and started to read them quickly – he said he needed to read them for his own benefit, so that confirmed I was qualified!
He didn’t know that Technical Writer was on the TN list, so he had to dig out a document with all the job descriptions, find it, read it and then compare with my letter. He said I had a very nice letter and asked a few questions to validate some of what he had read, but I really didn’t get a hard time at all! I was actually surprised that it went so easy!
Half hour later, he was taking my picture and finger prints! And so here I am, very happy to be in and very grateful you advised me to go for Technical Writer! Thank you, Jacob!
Warmly,
MJ
See her Letter below
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.
Compete America on behalf of thousands of US employers write to congress in support of immigration reform. They write:
U.S. employers rely on EB green cards to keep foreign-born talent living, working and innovating in America. Yet, despite the critical importance of these visas, Congress has failed to address the well documented backlogs in the EB green card system that leave some foreign-born, highly educated professionals waiting over six to 10 years to receive a permanent resident visa.
The three bills will address many shortcomings in the EB green card system. For example:
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
The American Immigration Lawyers Association released an excellent piece on the above referenced topic. Please read and let me know your thoughts. Let the debate begin!
America’s economy is flailing, and 78 million baby boomers are nearing
retirement, at which point they will leave the workforce to receive massive
I received so many emails following our most recent I-601 waiver posting about waiver success. Readers were encouraged by our clients success and learned how to plan a successful waiver. But what to do when the waiver is denied. Are there any options? I have provided below an extract from Laurel Scott’s excellent article on waivers. Laurel like myself, is one of a few immigration lawyers specializing in this complex area of law.
So what to do when your I-601 waiver is denied?
An appeal following an administrative denial to an Application for Waiver of Grounds of Inadmissibility must be made to the Administrative Appeals Office (AAO). It must be filed within 30 days of the date of the denial. Note that it is possible to fee-in-amend-alter with the appeal. In such a case it is necessary to submit the I-290B and filing fee within 30 days of the denial (33 if mailed), but on the form there’s a box that can be checked indicating that the representing attorney will send the brief directly to the Administrative Appeals Office within 30 days. As the waiver decision is discretionary, it is very difficult to win an appeal. AAO does not like to overturn the discretionary decision on I-601 waivers. AAO discourages new arguments being presented on appeal that were not in the original I-601 packet, but new or ‘updated’ evidence is generally acceptable.
Once an appeal is filed, and forwarded to the AAO in Washington, DC, it is out of the hands of the USCIS office that denied the case. The OIC does not have more access to information about the appeal than the attorney. Direct inquiries to the AAO, not the office that denied the case.
Due to the lengthy processing time for appeals (can be 22 months or more) and low chance of success, consider refilling a de novo (new) I-601 packet instead, especially if the client attempted the first I-601 by himself and it is clear that a better packet can be compiled. The law is unclear on whether it is possible to file a de novo I-601 based on the same immigrant visa or K visa case. Some consulates will allow simply re-filing, but most will require starting over with a new visa petition. Most of the consulates within the jurisdictional area of the Vienna USCIS office will allow a re-filing of the I-601 without a new petition. Even starting over with a new immigrant visa petition may get a decision faster than an appeal. Also, having to start over with a new visa petition allows time to put together a better waiver packet. The process will allow for several months, rather than the 30-60 days given for preparing an appeal.
For an in-country I-601 denial, the appeal will probably not stop the client from being placed into proceedings as the I-485 would also be denied. There is nothing to lose by attempting to get Deferred Action following the I-601 denial. Other tactics for how to handle immigration proceedings following I-601 denial are beyond the scope of this advisory.
The I-290B is normally filed with the consulate, but in a few parts of the world it is filed with the CIS office. Be sure to review the instructions on the denial notice.
Obama knows how important is the Latino vote, and he makes it a priority to meets leaders of this powerful voting Group. Obama addressed National Council of La Raza convention, which has attracted more than 20,000 people to the San Diego Convention Center. He promised today he would make immigration reform a top priority of his first year in office if he is elected president.
He also said:
“I think it’s time for a president who won’t walk away from something as important as comprehensive reform just because it becomes politically unpopular,” the Illinois senator said. “I will make it a top priority in my first year as the president of the United States of America.”
We report on a recent Memo from Donald Neufeld, Acting Associate Director, Domestic Operations, to USCIS field offices on changes to the naturalization interview process. As you all N400 interviews are taking too long to schedule, and part of the problem is the time it takes to process such interviews at the local offices. USCIS officials hope that the new policy will improve things.
For example, one difference from current practice is the sequence – that the English and civics tests can be administered before the interview following the pre-examination check-in process, as opposed to during the actual interview. The tests must be administered by designated and trained personnel. The test questions, test administration, reasonable accommodation requirements and standards for passing remain unchanged.
We uploaded the actual internal Memo here so you can review all the up coming changes Download file
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