Visa Lawyer Blog

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Some good news for Canadians and Mexican nationals seeking to live and work in the US. The Office of Management and Budget (OMB) has cleared a proposed DHS rule to allow TN visa holders to stay in the US for three (3)years instead of the current one (1) year limit.

Currently TN visa applicants must apply every year for renewals, either from inside the US or appear at the Border, for Canadian applicants. Mexican Nationals must still apply at the US Embassy in Mexico. We welcome the new proposed rule and hope that this will pass.

More on the proposed rule click here

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As many of our Marriage Visa clients know, the Medical Examination is an important part of the case required documents. Once an applicant goes through the exam the doctor must sign and complete Form I-696. In the coming weeks, applicants should remember that the I-693 medical exam form is being updated and doctors must complete the new form for examinations taking place after May 1st. If a doctor signs the old form before May 1st, applicants can submit the old version. Applicants must make sure the doctor is aware of the change as some of them may not know about the changes to the forms. Using the wrong form after May 1, 2008 may result in the case being returned and significant delays caused.

I suggest applicants take a blank I-693 form with them to the exam to make sure the Doctor has the new forms in hand. Click here to download the new forms

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According to today’s USCIS press release, it currently takes almost 9 months to process a naturalization case filed in San Diego County during Summer of 2007. Cases filed in Washington DC seem to have the most delays with close to 15 months.

Why the delay? Last July, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year, USCIS received 1.4 million naturalization applications, almost double the normal annual volume.

USCIS is hiring and training hundreds of additional immigration officers to adjudicate these cases. The agency is also conducting naturalization interviews on weekends, after normal business hours and in additional locations.

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Recently the Immigration, Citizenship, Refugees, Border Security, and International Law Subcommittee of the House Judiciary Committee held an oversight hearing on the H-2B seasonal worker visa program.

As I have previously reported, the Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) created a cap exemption for “returning workers,” defined as those workers who were counted against the 66,000 annual H-2B cap during any one of the three fiscal years preceding the fiscal year of the requested employment start date. The returning worker provisions of the SOS Act, which originally expired on September 30, 2006, were reauthorized by Congress for one additional year, through Fiscal Year (FY) 2007, which ended on September 30, 2007. This provision was never extended resulting is major hardship to employers in the Hospitality and Constructions industries as well as other employers.

We link to a testimony of R. D. Musser, III President of the famous Grand Hotel explaining the impact of the H2B crisis on his Hotel and the industry. He calls for immediate reform.

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Long overdue but the U.S. Department of Homeland Security (DHS) Secretary Michael Chertoff signed on April 18, 2008 a Visa Waiver Program (VWP) agreement with Korean Minister of Foreign Affairs and Trade Yu Myung-hwan. The security enhancements outlined in the agreement puts Korea on the path toward visa-free travel to the U.S., and potential designation as a VWP member as early as later this year. Members of Visa Waiver countries do not require a visa to enter the US and can stay up to 90 days as visitors.

Read the press release

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Clients have been waiting patiently for the visa Bulletin to be out this month. Excellent news in many categories. The U.S. Department of State (DOS) has issued the May 2008 Visa Bulletin. It contains continued good news for some EB2 applicants from India and China. It also reflects significant forward movement in the EB3 worldwide category.

The EB1 category remains current for all countries of chargeability. EB2 categories for worldwide, Mexico, and the Philippines remain current. The cutoff dates for India and China moved forward by a month, with a new cutoff date of January 1, 2004 established for both countries of chargeability.

The EB3 worldwide category cutoff date moved forward by eight months to March 1, 2006. India’s cutoff date moved slightly to November 1, 2001. China also inched forward to March 22, 2003. Mexico and the Philippines jumped forward more significantly to July 1, 2002 and March 1, 2006, respectively. Fourth and Fifth all current.

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Good news for the aspiring self employed H1B workers. An AAO non-precedent decision finds that a corporation has a separate legal identity from its owner, even if it is owned and operated by a single person. Also finds that the proffered position is a specialty occupation, despite the fact that the beneficiary may undertake administrative tasks as the sole proprietor.

Although we never recommend for H1B workers to form companies that sponsor them , in certain cases it is very possible.

Read the decision here Download file

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U.S. Citizenship and Immigration Services (USCIS) today conducted

the computer-generated random selection processes on H-1B petitions, to select which H- 1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If

approved these H-1B petitions will be eligible to receive an H-1B visa number.

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A few days ago we reported on the new OPT rule offering some much needed H1B relief. Only 3 days after it was submitted by the U.S. Department of Homeland Security on March 31, 2008, the Office of Management and Budget finished reviewing the interim final rule on Optional Practical Training (OPT). This brings much-needed relief to students with degrees in science, technology, engineering, and math, extending the total OPT time from 12 to 29 months. In addition, any student who is beneficiary of a pending H1B petition at the time the OPT authorization is scheduled to expire will be able to extend status until the beginning of the fiscal year.

Read the Q and A on the rule here Download file