Visa Lawyer BlogLong 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.
May 2008 Visa Bulletin : The Skinny!!!
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.
H1B Visa Workers – Appeal Sustained of H-1B Petition for Self-Employed Beneficiary of Start-Up
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
H1B Visa Lottery Runs Today!
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.
New OPT rules FAQ and Applications tips
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
FBI Name Check Update
U.S. Citizenship and Immigration Services (USCIS) and the Federal Bureau of Investigation (FBI) recently announced a joint plan to eliminate the backlog of name checks pending with the FBI.
USCIS and the FBI established a series of milestones prioritizing work based on the age of the pending name check. The FBI has already eliminated all name check cases pending more than four years.
“This plan of action is the product of a strong partnership between USCIS and the FBI to eliminate the backlogs and to strengthen national security,” said USCIS Director Emilio Gonzalez.
Perliminary H1B Visa Cap Numbers released
Well the numbers are out, I lost my bet. I predicted 200,000 visa applications to be received. The actual numbers are lower. This reflects the low confidence employers put in this system.
U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary
number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
17-Month Extension of Optional Practical Training for Certain Foreign Students
As we are anxiously waiting for the H1B lottery to start tomorrow, the government providing some relief for those that are waiting to get their visas and for future students graduates about to apply for work permits. The U.S. Department of Homeland Security (“DHS”) released today an Interim Final Rule extending the period of Optional Practical Training (“OPT”) from 12 to 29 months for qualified F-1 nonimmigrant students. The extension will be available to F-1 students with a degree in science, technology, engineering, or mathematics who are employed by businesses enrolled in the E-Verify program.
“This rule will enable businesses to attract and retain highly skilled foreign workers, giving U.S. companies a competitive advantage in the world economy,” said DHS Secretary Michael Chertoff. “By extending the training period by an additional 17 months to students who are employed by businesses enrolled in E-Verify, we are further ensuring a legal workforce in the U.S. and aiding good corporate citizens.”
Another aspect of the rule responds to the situation in which an F-1 student’s status and work authorization expires before he or she can begin employment under the H-1B visa program. The Rule addresses this problem by automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. The Rule will also implement certain programmatic changes, including allowing students to apply for OPT within 60 days of graduation.
H1B Visa Lawyer – H-1B Package Sent Fed-Ex Isn’t Tracking!
Talk about H1B filing nightmare. American Immigration Lawyers Association has received reports that Federal Express forwarded a number of H-1B packages to the service centers without entering the individual package into the tracking system. AILA and USCIS are discussing how to handle the situation, and USCIS is talking to Federal Express.USCIS urges filers NOT to submit duplicates of packages that are missing tracking numbers, as that could result in both applications being denied as multiple filings under the new rules.
We sent ALL our cases via FEDEX but we were able to track all of them. Let’s hope this problem will be resolved very soon. We will keep you posted.
San Diego Immigration Lawyer – Mexicans deported will get free trip home
The latest from the Border. Mexican nationals who are deported from the United States or leave voluntarily after being stopped are being offered free trips back to their hometowns under a pilot program launched yesterday in Tijuana.
The Tijuana program, dubbed Humanitarian Repatriation, will also ensure that returning Mexicans receive shelter, food, emergency medical care and temporary employment upon their return to Mexico.