Archive for the ‘Nonimmigrant Visas’ Category

No New H Or L Visa Appointments At The U.S. Consulate In Mumbai

Due to the aging infrastructure of the current Consulate building in Mumbai, the U.S. Consulate has closed several interview windows.  This limits the number of visa interviews the Consulate can handle.  At the present time, the Consulate will continue allowing H and L visa appointments that are already scheduled, but will not allow individuals to schedule any new H or L visa appointments.  If you need to obtain an H or L visa in India, you may visit any other U.S. Consulate in India or the Embassy in New Delhi. 

Please note that the U.S. Consulate in Mumbai is undergoing a multi-million dollar construction project to fix the aging building and should re-open for new H and L visa appointments later this year.

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FY2011 H-1B CAP CLOSED!

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.  USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

The next filing period opens April 1, 2011.  Please contact our office if you’d like assistance with a FY2012 H-1B petition.

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H-2B’s Still Available

The USCIS has received 4,442 petitions toward the 33,000 H-2B cap amount for the second half of fiscal year 2011.  2,668 have been approved and 1,774 remain pending.
 
The H-2B category is for temporary non-agricultural employment typically for a period of one year of less.  It requires recruitment to prove there are no qualified U.S. citizens or green card holders who can perform the work, among other requirements. 
 
Please contact our San Francisco Immigration Law Office if you have any questions or need assistance with an H-2B petition.

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H-1B’s Coming To An End

It appears we are in the final stretch with respect to the fiscal year 2011 H-1B’s.  As of January 14, 2011, there were approximately 4,300 slots left (of 85,000 total).
 
As stated in prior posts, the H-1B category is for holders of Bachelor’s or higher degrees (or equivalent experience) who are being sponsored for positions that are complex enough to require a degree in a specific specialty. 
 
Please contact our San Francisco Immigration Law Office as soon as possible if you need assistance with an H-1B petition.

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ALERT! H-1B Master’s Cap Closed; Regular Cap To Close Soon

The USCIS has receipted 20,000 of the 20,000 slots available for the U.S. Master’s cap (the annual quota of H-1B slots for holders of U.S. Master’s degrees).  As of 12/31/2010, the regular cap had 7,700 slots left (of 65,000).  This category is now open to anyone applying with a Bachelor’s or higher degree from anywhere in the world, including the U.S. 

As stated in previous posts, the H-1B category is for individuals working in positions complex enough to require a degree in a specific specialty.  The individual must possess that degree or a related degree (or its equivalent in experience). 

Please contact our San Francisco Immigration Law Office as soon as possible if you’d like assistance with an H-1B cap petition.  The USCIS could close the cap at any time without notice, so timing is critical.  Note that the next cap filing period opens April 1, 2011 for an October 1, 2011 start date.

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Indian Visa Applicants May Apply Anywhere in India

The U.S. Ambassador to India has announced that citizens of India who are applying for visas at U.S. consulates and embassies in India may apply anywhere in the country regardless of residence.  The U.S. Consulates are located in Mumbai, Chennai, Kolkata, and Hyderabad and the U.S. Embassy is in New Delhi.  This change has been made in better serve Indian nationals, U.S. businesses and U.S. citizens in India.  Please note that the strict review standards for visa applications in India still apply, so it is advised that applicants seek legal assistance before attending a visa interview.

Please contact our San Francisco Immigration Law Office if you need assistance with a visa application.

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Reminder to File Work Visa Petitions by December 22, 2010

The USCIS has issued several new immigration forms for work visas (H, L, O, etc.) that will be required starting December 22, 2010.  These new forms ask questions about off-site employment, work itineraries, and export control laws, none of which are required by the current forms.  In order to take advantage of the current simpler forms, petitions and applications must be filed by December 22, 2010. 

Please contact our San Francisco Immigration Law Office if you need assistance with a work visa petition.

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H-1B Slots Slowly Going

As of 11/26/2010, only 50,400 regular H-1B slots (of 65,000) and 18,400 U.S. Master’s slots (of 20,000) have been used.  As stated in previous posts, the H-1B category is for individuals seeking to work in the U.S. in a professional position that requires a minimum of a Bachelor’s degree in specific specialty or the equivalent experience.

Last year, the cap closed December 21, 2009, but it appears to still be wide open as we enter this final calendar month.  This is not to say it won’t close in December, however, at the rate it’s going, we’d be surprised.  Please contact our San Francisco Immigration Law Office if you’d like assistance with an H-1B petition.

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REMINDER: USCIS Fees to Increase November 23, 2010

The USCIS will be increasing its filing fees for many form-types on November 23, 2010.  If you have an immigration matter you’d like filed before that date, please contact our San Francisco law office as soon as possible.  We handle all types of employment and family-based immigration matters.  For more details, please visit http://www.galigordon.com/us-visas-permanent-residence.

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What are the requirements for an E-2 investor visa?

E-2 status is a temporary status for investors in a U.S. enterprise.  The investor’s country of citizenship must have entered into a treaty of commerce and navigation with the U.S. in order for the applicant to participate in the E-2 program.  The specific requirements are as follows:

1. The investor is a national of the treaty country

2. The investment is substantial in proportion to the type of E-2 business/industry

3. The investment is for a real and operating enterprise (speculative or idle investments do not qualify)

4. The investment is not marginal (income must be more than that required to earn a living or it must have significant impact on the U.S.)

5. The investor has possession and control of the funds

6. The investment is at-risk in the commercial sense

7. The investor is coming to the U.S. to develop and direct the enterprise

The E-2 category is also available to employees of E-2 enterprises if the employee is in a supervisory, executive or highly specialized skill capacity.  Please contact our San Francisco immigration law office if you need assistance with an E-2 investor petition.

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