ALERT: H-1B CAP FILING PERIOD OPENS APRIL 1, 2012!
The filing period for the next H-1B cap season opens April 1, 2012 for an October 1, 2012 start date. Petitions are accepted up to 6 months in advance of October 1, 2012.
The H-1B visa is a temporary work visa for a degreed professional (or someone with equivalent experience) seeking employment in a position complex enough to need his/her specific degree.
Each year, there are 65,000 slots available to holder’s of U.S. or foreign Bachelor’s degrees or foreign Master’s or higher degrees (or equivalent experience). There are an additional 20,000 slots set aside for individuals with U.S. Master’s or higher degrees.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you or your employer need assistance with an H-1B petition.
Tags: H-1B, h-1b cap, H-1B quota, H1b, USCIS, work visa
Posted in Alerts, H-1B, Nonimmigrant Visas, USCIS | Read More »
U.S. DEPARTMENT OF STATE SENDING WAVES OF STAFF TO CHINA AND BRAZIL
The U.S. DOS is sending waves of temporary staff to China and Brazil to address growing visa demands and shorten visa wait times. The employees are helping process the high number of visa applications until permanent staff arrive.
The 2011 mission to Brazil resulted in processing 820,000 visa applications, which is a 42% increase from the previous year. The DOS plans to double the consular staffing in Brazil over 2012 by adding 50 new officer positions. Current visa wait times in Brazil are down to under 50 days.
China has seen even more growth than Brazil, specifically in 2011, during which DOS employees processed more than 1 million visa applications. This is a 34% increase over the previous year. Current visa wait times in China are down to under 10 days.
Tags: Brazil, China, Department of State, U.S. consulate, U.S. visas, visa wait times
Posted in H-1B, Immigrant Visas, Nonimmigrant Visas | Read More »
2011 U.S. CITIZENSHIP STATS
In 2011, the U.S. Citizenship & Immigration Services (USCIS) held more than 6000 naturalization ceremonies for over 692,000 green card holders who became new citizens. 10,000 of those sworn in were members of the U.S. Armed Forces.
If you are interested in becoming a U.S. citizen or have any questions about the process, please don’t hesitate to contact our San Francisco Immigration Law Office.
Tags: N-400, naturalization, U.S. citizenship
Posted in naturalization, USCIS | Read More »
U.S. IMMIGRATION BILLS INTRODUCED FROM OCTOBER 2011 – DECEMBER 2011
The following is a list of important immigration bills introduced in the U.S. Senate and House between October 2011 and December 2011:
Senate:
1. Families First Immigration Enforcement Act (S. 1949) – provides for safe and humane policies and procedures pertaining to the arrest, detention, and processing of foreign nationals in immigration enforcement operations.
2. STEM Visa Act of 2011 (S. 1986) – amends the Immigration and Nationality Act (INA) to promote innovation, investment and research in the United States.
3. Irish Recognition and Encouragement Act of 2011 – IRE Act (S. 2005) – authorizes the Secretary of State to issue up to 10,500 E-3 temporary work visas per year to Irish nationals.
House:
1. H-2A Improvement Act (H.R. 3232) – includes within the H-2A visa category a foreign national coming temporarily to the U.S. to work as a sheepherder, goat herder, or dairy worker. The bill also exempts an employer from the requirement to show that the position is of a seasonal or temporary nature.
2. Haitian Emergency Life Protection Act of 2011- H.E.L.P. Act (H.R. 3297) – amends the INA with respect to V visa nonimmigrants (spouses/children of a green card holder who come to the U.S. to wait for completion of immigrant visa process) to include certain Haitian nationals whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010.
3. Foster Children Opportunity Act (H.R. 3333) – requires state plans for foster care and adoption assistance to have procedures to assist foreign national children in the child welfare system to achieve special immigrant juvenile status and green card status before exiting foster care.
4. Visa Improvements to Stimulate International Tourism to the United States of America- VISIT USA (H.R. 3341) – provides qualifying nationals of China (PRC) with a five-year multiple entry/exit visitor visa.
5. Enhanced Border Security Act (H.R. 3401) – directs the Secretary of State to submit to Congress a counterinsurgency strategy to combat the operations of transnational criminal organizations in Mexico.
6. American Growth, Recovery, Empowerment, and Entrepreneurship Act- AGREE Act (H.R. 3476) – amends the INA to eliminate the per country cap for employment-based immigrants and increase the per country cap for family-based immigrants.
7. Religious Worker Visa Reciprocity Act of 2011 (H.R. 3557) – requires the country of origin of certain special immigrant religious workers to extend reciprocal immigration treatment to U.S. nationals.
8. Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology- INVEST in America Act (H.R. 3692) – establishes an entrepreneur-based immigrant category for alien entrepreneurs who have completed or are in the process of completing a degree in science, engineering, math or a technology-related field.
9. Save Our Small and Seasonal Businesses Act of 2011 (H.R. 3718) – prioritizes certain returning workers for purposes of the quotas on H-2B non-agricultural temporary workers.
10. New Illegal Deduction Elimination Act- New IDEA Act (H.R. 3720) – amends the Internal Revenue Code (tax code) of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income.
Tags: Congress, House, immigration reform, Senate
Posted in immigration reform, Politics/Current Events | Read More »
DEPARTMENT OF STATE EXPEDITES STUDENT VISAS
U.S. Embassies and Consulates worldwide are instructed to expedite F-1 student visas to ensure that qualified foreign nationals are able to start their U.S. academic programs on time. This instruction is part of the U.S. Department of State’s effort to attract talented foreign nationals and potential future leaders to the U.S.
Students are able to apply only 120 days in advance of entry to the U.S., thus, it is critical that Embassies and Consulates act quickly when processing these applications. Currently, the maximum wait time for a visa appointment worlwide is fewer than 15 days, which is very fast in comparison to other visa categories.
International students comprise a large portion of the student-body at many U.S. universities. In the 2010/11 school year, international education grew by nearly nine percent. International students also bring extensive revenue to the U.S. economy. In the 2010/11 school year, foreign students brought $21.3 billion from abroad.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a student visa or have questions about the above.
Tags: consulate, embassy, F-1 visa, I-20, student visa, study
Posted in F-1 | Read More »
WHAT ARE THE REQUIREMENTS FOR U.S. CITIZENSHIP?
For most applicants, the following requirements must be met to apply for U.S. citizenship (also known as, naturalization):
1. The person must have been a lawful permanent resident (green card holder) for the 5 years immediately preceding the filing of the petition
2. The person must have 5 years of continuous residence in the U.S. without leaving the U.S. for trips of 6 months or longer
3. The person must have been physically present in the U.S. for at least 30 months during the green card period
4. The person must be present in the state in which he/she is applying for at least 3 months
5. The person must be of good moral character, which means there are no criminal or tax issues preventing U.S. citizenship
There are other ways to achieve naturalization if special circumstances apply. For example, if the person is in the military, lives abroad, or obtained his/her green card based on marriage to a U.S. citizen. In those situations, different residency requirements would apply. Please don’t hesitate to contact our San Francisco Law Office if you need assistance with a citizenship application.
Tags: green card, naturalization, permanent residency, U.S. citizenship
Posted in FAQ - Citizenship, naturalization | Read More »
Recent Immigration Bills Introduced
Between August and October 2011, there were many immigration bills introduced in the U.S. House and Senate. The following is a list of highlights:
Senate:
S. 1545 – designates Taiwan as a visa waiver program country
S. 1576 – measures the progress of relief, recovery, reconstruction and development efforts in Haiti following the earthquake of Jan. 12, 2010
House:
HR 2730 – better enables State child welfare agencies to prevent human trafficking of children and serve the needs of children who are victims of human trafficking
HR 2771 – increases to 5 years the period during which a Cuban national must be physically present in the United States in order to qualify for a green card
HR 2831 – amends the Cuban Refugee Adjustment Act to make individuals who return to Cuba after admission or parole into the U.S.
ineligible for a green card
HR 2847 – establishes an H-2C nonimmigrant visa for an alien having residence in a foreign country which he or she has no intention of abandoning and who is coming temporarily (10-month maximum per contract period) to the U.S. to perform agricultural services
HR 2878 – amends the Immigration and Nationality Act (INA) with respect to temporary admission of nonimmigrant aliens for the purpose of receiving medical treatment
HR 2885 – makes mandatory and permanent requirements for use of E-Verify for employment verification
HR 2899 – establishes a reciprocal relationship between the number of visas issued to state-controlled media workers in China and in the U.S.
HR 2952 – provides for expedited removal of certain aliens
HR 2981 – amends the INA to eliminate the 1-year deadline for application for asylum in the United States
HR 3012 – eliminates the per-country numerical limitation for employment-based immigrants, and increases the per-country numerical limitation for family-sponsored immigrants
Tags: House, immigration bills, immigration reform, Senate
Posted in immigration reform, Politics/Current Events | Read More »
H-1B CAP Update: 18,800 H-1B Visas Left
The USCIS announced on October 21, 2011 that 20,000 U.S. Master’s cap numbers and 46,200 regular cap numbers have been taken. This means that there are 18,800 H-1B slots left for this year. Practitioners are anticipating that these remaining visas will run out by the end of the year.
The H-1B category is for degreed professionals seeking jobs that are complex enough to need a degree. Please contact our San Francisco law office as soon as possible if you’d like assistance with an H-1B petition.
If the cap closes, the next available filing window opens April 1, 2012 for an October 1, 2012 start date.
Tags: Bachelor's degree, h-1b cap, H-1B quota, U.S. Master's
Posted in Alerts, H-1B, Nonimmigrant Visas | Read More »
ALERT: 10/28/11 Deadline for Certain Widow(er)s to File I-360 Green Card Petition
There is a rule that allows surviving foreign national spouses to file for green card status following the death of their U.S. citizen husband or wife. The rule used to be that the couple had to be married two years at the time of the death for the foreign national to qualify. On October 28, 2009, a law abolished this requirement. Now, widow(er)s of U.S. citizens married for any length of time (even shorter than two years) can file an I-360 self-petition for immediate relative green card status. However, the law states that the petition must be filed within two years of the U.S. citizen’s death.
For deaths that occurred prior to October 28, 2009 when the above law passed, widow(er)s must file their I-360 green card petitions by October 28, 2011. This is a very important deadline. Such widow(er)s will not be able to qualify for this type of green card petition otherwise if they miss the deadline.
Please contact our San Francisco immigration law office if you need assistance with filing an I-360 petition by October 28, 2011.
Tags: green card, I-360, immediate relative, U.S. citizen death, widow, widower
Posted in Alerts, FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
ICE Announces FY2011 Removal Statistics
Today U.S. Immigration and Customs Enforcement (ICE) announced its FY2011 year-end statistics regarding deportation and removal. In FY2011, ICE removed 396,906 foreign nationals from the U.S. Of those, 216,698 were convicted of felonies or misdemeanors, including 1119 convicted of homicide, 5,848 convicted of sexual offenses, 44,653 convicted of drug-related crimes, and 35,927 convicted of a DUI (driving under the influence). More than two-thirds of the remaining removals involved individuals who had recently crossed the border or repeat immigration violators. The overall number of foreign nationals removed in FY2011 was the highest in the agency’s history.
Tags: deportation, FY2011, ICE, Immigration and Customs Enforcement, removal
Posted in Alerts | Read More »
