Archive for the ‘USCIS’ Category

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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2011 Poverty Guidelines Published

The Department of Health and Human Services has published the 2011 Federal poverty guidelines, which the USCIS uses as the threshold income amounts that must be earned annually to sponsor someone for permanent residency.  If a sponsor does not meet these amounts then he/she will need a joint sponsor who does.  The following is a chart of the 2011 guidelines:

2011 HHS Poverty Guidelines

Persons
in Family

48 Contiguous
States and D.C.

Alaska

Hawaii

1

$10,890

$13,600

$12,540

2

 14,710

 18,380

 16,930

3

 18,530

 23,160

 21,320

4

 22,350

 27,940

 25,710

5

 26,170

 32,720

 30,100

6

 29,990

 37,500

 34,490

7

 33,810

 42,280

 38,880

8

 37,630

 47,060

 43,270

For each additional
person, add

   3,820

   4,780

   4,390

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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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Priority Dates Retrogress on January 2011 Visa Bulletin

Family-based visa categories have significantly retrogressed on the January 2011 visa bulletin.  From early 2009 to September 2010, the level of demand for family-based immigration was very low, thus, the Department of State (the agency in charge of the visa bulletin), accelerated the numbers to utilize as many visa numbers as possible while there was time to do so.  This generated demand, which led the DOS to retrogress the numbers (i.e. slow the demand).  This is the ebb and flow of the visa bulletin method that frustrates many.  

The DOS anticipates that the family-based categories will remain retrogressed for some time since the demand has not subsided.  In contrast, employment-based categories have not retrogressed much, if at all.  To view the January 2011 visa bulletin, please see this link: http://travel.state.gov/visa/bulletin/bulletin_5212.html.

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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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Deployed U.S. Troops Become Citizens on Veteran’s Day

On November 11, 2010, 50 service members currently located at Camp Victory in Iraq became U.S. citizens in a special Veteran’s Day ceremony.  The Department of Homeland Security has naturalized 11,146 service members in fiscal year 2010, which is the highest number since 1955 and a 6% increase from fiscal year 2009. 

Several of the participants in yesterday’s ceremony are part of the Enhanced Combat Aviation Brigade, 1st Infantry Division, which is an Army aviation unit from Fort Riley, Kansas.  The new citizens originally came to the U.S. from various countries, including China, American Samoa, Romania, Dominican Republic, Guatemala, and the Philippines.

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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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H-2Bs Still Available

As of 10/22/10, the USCIS has received 11,053 H-2B cap-subject petitions (of the 33,000 available for the first half of the fiscal year).  The H-2B category allows employers to hire foreign workers to come temporarily to the U.S. to perform nonagricultural services or labor on a one-time, seasonal, peakload or intermittent basis.  The employers using this category first need to test the labor market to ensure there are no U.S. workers who are available to perform these jobs. 

Please contact our San Francisco Immigration Law Office if you need assistance with an H-2B petition.

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