Archive for August, 2010
ALERT: New Appointment System for Visa Applicants in Canada
Starting tomorrow, September 1, 2010, all visa applicants in Canada must use the new appointment service found at http://www.usvisa-info.com/en-CA/selfservice/ss_country_welcome to schedule their visa appointments. This new system will be free of charge, with no requirement that applicants pay for phone charges or PIN numbers to access such services. Appointments that are currently scheduled will remain scheduled as is.
Please contact our San Francisco immigration law office if you have any questions or concerns about this new system.
Tags: Canada, immigrant, nonimmigrant, NVARS, U.S. consulate, visa appointment
Posted in Alerts, Immigrant Visas, Nonimmigrant Visas | Read More »
H-1B’s a Little Over Half-Way Gone
As of August 24, 2010, the USCIS has received 33,900 regular H-1B cap petitions of the 65,000 slots available. There are 31,000 numbers left for this fiscal year. For the U.S. Master’s cap, the USCIS has received 12,600 of the 20,000 allotted, leaving 7,400 slots available.
The H-1B category is used by foreign nationals with a Bachelor’s or higher degree (or equivalent experience) in a specific specialty who will be working in a complex position requiring that degree. Each year, there is an annual quota for this category as discussed above. This quota (also known as, the “cap”) remains open and available for fiscal year 2011 (starting October 1, 2010).
Please contact our San Francisco immigration law office if you’d like assistance preparing and filing an H-1B petition.
Posted in Alerts, Nonimmigrant Visas, USCIS | Read More »
H-1B and L-1 Petition Fees Increase for Certain Employers
Effective immediately, petitioning employers with 50 or more employees in the U.S. and 50% or more of its workforce holding H-1B or L status (L-1A, L-1B and L-2) must submit additional fees for initial and change of employer petitions.
For H-1B petitions of either type, the petitioner must submit an additional $2000. For L-1A and L-1B petitions of either type, the petitioner must submit an additional $2250. These fee increases will remain in effect through September 30, 2014.
Please don’t hesitate to contact our immigration law office in San Francisco if you have questions about these fees.
Tags: H-1B, L-1A, L-1B, petition fee, Public Law 111-230, visa fee
Posted in Alerts, H-1B, Nonimmigrant Visas, Politics/Current Events, USCIS | Read More »
Rise in Visa Denials for Artists Angers Hollywood
The Los Angeles Times ran an article on August 10th discussing increased visa denials and processing delays for artists that have caused an outcry from Hollywood. Every year, across the entertainment industry, leading foreign national artists hold U.S. performances or participate in them. The last year has seen a spike in visa denials and delays from the USCIS’ California Service Center, which processes visa petitions for artists. As a result of this spike, performance centers, festivals and individual and group artists have had to cancel performances.
Hollywood’s anger has reached Congress and the White House. Alejandro Mayorkas, the Director of the USCIS, has agreed to investigate this issue. To read the full LA Times article, see: http://articles.latimes.com/2010/aug/10/local/la-me-workvisa-20100810.
Tags: Alejandro Mayorkas, artists, Hollywood, O visa, P visa
Posted in Nonimmigrant Visas, Politics/Current Events | Read More »
Obama Signs Border Security Bill
As an update to prior blog posts, President Obama signed the $600 million emergency border security bill into law on 08/13/2010.
The bill includes additional funding for Customs and Border Protection (CBP) totaling $254 million, additional funding for Immigration and Customs Enforcement (ICE) totaling $80 million, and additional funding for border security fencing, infrastructure and technology totaling $14 million. The bill also includes $32 million to acquire and deploy unmanned aircraft systems and $6 million to construct two (2) operating bases for use by CBP to carry out enforcement activities. In addition, the bill allocates $196 million to the Department of Justice for border security efforts and $10 million to Courts of Appeals and District Courts for the increased workload that will arise as a result of the increased security.
Please note that the bill also raises filing and fraud prevention and detection fees for L visas by $2,250. It also raises the fees for H-1B visas by $2,000 for applicants who have more than 50 employees in the U.S. if more than 50 percent of their employees are on L or H-1B visas.
Tags: border security, CBP, H.R. 6080, ICE, Obama
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
Emergency Bill Headed to Obama’s Desk
In a prior post, we informed readers that the Senate was going to vote on the emergency Border Security Emergency Supplemental Appropriations Act of 2010 in September 2010 when it returned from its August recess. This is a $600 million spending bill aimed at U.S. border security. Apparently, the Senate has moved on the measure before its recess, passing it by unanimous vote on 08/12/2010. The bill will now head to President Obama’s desk, where it is expected to be signed into law.
Tags: border security, Emergency spending bill, House, Obama, Senate
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
Emergency Border Security Bill Update
On August 9, 2010, we posted a blog discussing the emergency border security bill passed by the Senate (Border Security Emergency Supplemental Appropriations Act of 2010) and urged to be passed by the House of Representatives before it breaks for August recess. Instead of passing the bill sent over by the Senate, the House of Representatives has introduced a new but same bill per procedures that require the House to originate revenue generating measures.
On August 10, 2010, the House passed the new version of this bill by voice vote. The bill must now return to the Senate, which is currently on recess until September 10, 2010, for final passage before being sent to President Obama’s desk for signature. Please stay tuned for additional updates as they become available regarding this legislation.
Tags: emergency border security bill, House of Representatives, Senate
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
$600 Million Emergency Border Security Bill Passed by Senate
Hours before the Senate broke for its August recess on August 5, 2010, it passed a $600 million dollar emergency spending bill aimed at border security. The bill, which was passed by voice vote and titled Emergency Border Security Supplemental Appropriations Act of 2010, was introduced by Senator Schumer (D-NY) and several of his Democratic colleagues.
The Emergency Border Security Supplemental Appropriations Act of 2010 is a substitute amendment to H.R. 5875, a bill passed by the House of Representatives on July 28, 2010. Further action is needed by the House of Representatives before the bill can be sent to President Obama for signature. Advocates are hoping the House of Representatives will pass the bill today or tomorrow before breaking for August. Otherwise, the bill will not get consideration until September.
The Department of Homeland Security Secretary, Janet Napolitano, released a statement urging the House of Representatives to pass the bill. She stated in her release: “I encourage the House to act quickly on this bill to strengthen our historic border security efforts.”
Stay tuned for more updates regarding this emergency legislation in future posts.
Tags: border security, Emergency spending bill, House of Representatives, Senate
Posted in Alerts, Crimes and Immigration, immigration reform, Politics/Current Events | Read More »
Do I need a re-entry permit to enter the U.S.?
Re-entry permits are required for lawful permanent residents (“green card holders”) who intend to be outside the U.S. for 1 year or more but who want to preserve their immigrant status. This includes those traveling, working, and/or residing abroad. If a green card holder is going to be outside the U.S. for less than 1 year, a re-entry permit may not be required to maintain status.
Re-entry permits are generally granted for 2 years and cannot be extended. However, a person with a re-entry permit may enter the U.S. before the expiration of the 2 years and apply for a new 2-year period. Applicants must apply for a re-entry permit while physically present in the U.S. Please note that the USCIS requires that biometrics be taken for these applications and it is best to complete the required biometrics before departing the U.S. If not, the USCIS may deny the application if the applicant does not complete the required biometrics in a timely fashion.
Even though a person holds a valid re-entry permit, the Department of Homeland Security (DHS) may still inquire about the person’s absence from the U.S. This is more common if the individual has been living abroad for several years. Please note that if a person stays outside the U.S. for 1 year or more without a re-entry permit, the DHS considers this an abandonment of the green card.
Please contact our San Francisco immigration law firm if you’d like assistance with a re-entry permit or have questions about the requirements or process.
Tags: abandonment, Form I-131, green card, lawful permanent residence, re-entry permit
Posted in FAQ Employment-Based Green Card, FAQ Marriage-Based Green Card, Immigrant Visas, USCIS | Read More »
USCIS Proposes Form for EB-5 Regional Center Applications
There is a new proposed form for submitting EB-5 regional center (RC) proposals. A regional center is defined as an economic unit, public or private, involved in the promotion of economic growth, improved regional productivity, job creation, and increased domestic capital investment. Regional centers aggregate investments from foreign nationals seeking a green card in exchange for investing in the U.S. economy.
Currently, there is no specific form used for RC applications. The USCIS has proposed the new form, Form I-924, Application for Regional Center Under the Immigrant Investor Pilot Program, in hopes to clarify the filing requirements for RC designation and alleviate inconsistencies in RC applications. The new proposals will be sent to the California Service Center in Laguna Niguel, California.
The proposed filing fee for the Form I-924 is $6245 and a supplement (Supplement A) will be required to be submitted each year. This supplement provides the USCIS updates about the RC and addresses reporting requirements. RC re-designation will be required every five (5) years. Please note that any amendments that need to be made (for example, if there are changes to the investments being made) will also be submitted via Form I-924.
Please let us know if you have any questions about this new form. We will be posting again when there are updates to provide.
Tags: EB-5, Form I-924, investor, Regional Center, Supplement A
Posted in Immigrant Visas, USCIS | Read More »
