|
|
|
|
| Sunday, May 04, 2008 |
|
Durham, NC USCIS Office Opens
By admin @ 11:48 AM :: 618 Views ::
25 Comments ::  :: News, Other, USCIS Office Updates
|
|
At long last, the Durham, North Carolina, office of Citizenship and Immigration Services is open! An official ribbon-cutting ceremony was held on Friday, April 25th, and the office opened on Monday. Laura Edgerton, a Partner with our office and the current President of the Carolinas Chapter of the American Immigration Lawyers Association (AILA) attended the event.
Jurisdiction for the office will likely split in Greensboro, North Carolina, with residents West of Greensboro being processed at the Charlotte USCIS office and residents East of Greensboro being processed by the Durham USCIS office. The Durham office will handle Infopass appointments, biometrics and interviews for North Carolina residents within its jurisdiction.
|
|
|
|
|
| Tuesday, April 08, 2008 |
|
DHS Extends OPT for Certain F-1 Students; Addresses F-1/H-1B Cap Gap Issue
By admin @ 7:48 AM :: 146 Views ::
0 Comments :: News, H1B Visas, Other
|
|
The U.S. Department of Homeland Security (DHS) released an interim final rule extending the period of Optional Practical Training (OPT) from 12 to 29 months for qualified F-1 non-immigrant students. Currently, foreign students in F-1 nonimmigrant status who have been enrolled on a full-time basis for at least one full academic year in a college, university, conservatory, or seminary are eligible for 12 months of optional practical training (OPT) to work for a U.S. employer in a job directly related to the student’s major area of study. This interim final rule extends the maximum period of OPT from 12 months to 29 months for F-1 students who have completed a science, technology, engineering, or mathematics (STEM) degree and accept employment with employers enrolled in U.S. Citizenship and Immigration Services' (USCIS) E-Verify employment verification program.
To obtain an extension of OPT, eligible F-1 students must request a recommendation from their Designated School Official (DSO) and file a Form I-765 Application for Employment Authorization prior to the expiration of their current OPT employment authorization. Once the I-765 application is filed, the student’s OPT is automatically extended for up to 180 days until a decision has been made on the case. This interim rule requires F-1 students with an approved OPT extension to report changes in the student’s name or address and changes in the employer’s name or address to the DSO. The rule also requires the employers of F-1 students with an extension of post-completion OPT authorization to report to the student’s DSO within 48 hours after the OPT student has been terminated from, or otherwise leaves, his or her employment with that employer prior to the end of the authorized period of OPT.
The interim final rule also ameliorates the “cap-gap” problem by extending the authorized period of stay for all F-1 students who have a properly filed H-1B petition and change of status request (filed under the cap for the next fiscal year) pending with the USCIS. If USCIS approves the H-1B petition, the students will have an extension that enables them to remain in the United States until the requested start date indicated in the H-1B petition takes effect. The automatic extension does not apply to cases where the H-1B petition is not selected by USCIS for processing or for H-1B petitions filed with a request for consular notification. However, it may be possible to amend the H-1B petition from consular processing to change of status so that the F-1 student can take advantage of the automatic OPT extension. If the H-1B application is ultimately revoked or denied, the automatic extension of OPT is immediately terminated.
We will post more information on this new interim rule as it becomes available on www.bashyamspiro.com.
|
|
|
|
|
| Saturday, March 29, 2008 |
|
USCIS Modifies Intercountry Adoption Procedures
By admin @ 9:51 AM :: 145 Views ::
0 Comments :: News, Other
|
|
Children, birthparents and prospective adoptive parent(s) will have greater protections under the Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (Hague Adoption convention), effective April 1, 2008. New safeguards administered by U.S. Citizenhsip and Immigration Services (USCIS) under the Hague include the creation of new forms and improved, centralized examination processes for intercountry adoption, applications and petitions under the Hague Adoption Convention.www.travel.state.gov). The agreement provides a framework of rules and procedures for the countries to work jointly to ensure certain intercountry adoption protections. These include providing adoptees with permanent and loving homes and looking after children’s best interests throughout the adoption process, thus preventing the abduction, sale or illegal traffic of children.www.uscis.gov.
The new forms being introduced are an Application for Determination of Suitability to Adopt a Child from a Convention Country (I-800A), and the Petition to Classify a Convention Adoptee as an Immediate Relative (I-800). The purpose of the I-800A is to review the suitability and eligibility of prospective adoptive parent(s), while the I-800 determines a child’s Convention classification eligibility.
Additionally, USCIS established a special unit to process all Hague intercountry adoption applications and petitions at its USCIS National Benefits Center. The special unit will also provide customer service support to prospective adoptive parents who have filed Form I-800A or Form I-800.
Prospective adoptive parents are encouraged to visit and download the forms and filing instructions and Hague Adoption Convention Fact Sheet, available on the Internet at
|
|
|
|
|
| Friday, March 21, 2008 |
|
USCIS Announces 18 Month TPS Extension for Nationals of Somalia
By admin @ 8:12 AM :: 143 Views ::
0 Comments :: News, Other
|
|
The Department of Homeland Security (DHS) announced an 18-month extension of Temporary Protected Status (TPS) for nationals of Somalia through September 17, 2009. Under this extension, those who have already been granted TPS are eligible to live and work in the United States for an additional 18 months and continue to maintain their status.
DHS also automatically extended the validity of Employment Authorization Documents (EAD) held by eligible Somalis for an additional six months from March 17, 2008 through September 17, 2008. The extension of TPS for Somalia is effective March 17, 2008 and will remain in effect through September 17, 2009. Nationals of Somalia who have been granted TPS must re-register for the 18-month extension during the 60-day re-registration period beginning March 12, 2008 and remaining in effect until May 12, 2008. Somali TPS beneficiaries are encouraged to apply as soon as possible following the start of the 60-day re-registration period. The re-registration period begins March 12, 2008. The USCIS will only accept TPS re-registration applications that are filed after March 12, 2008 and before May 12, 2008.
Additional information on filing for TPS re-registration will be posted on www.bashyamspiro.com when it becomes available.
|
|
|
|
|
| Thursday, March 20, 2008 |
|
USCIS Announces Biometric Changes for Re-Entry Permits and Refugee Travel Documents
By admin @ 8:14 AM :: 202 Views ::
0 Comments :: News, Other
|
|
USCIS issued revised instructions for USCIS Form I-131, Application for Travel Document. The instructions, which became effective March 5, 2008, require that applicants for re-entry permits and refugee travel documents provide biometrics (e.g., fingerprints and photographs) at a USCIS Application Support Center (ASC) for background and security checks. USCIS will notify applicants of their appointment at the designated ASC after submission of the I-131 application.
The new instructions for Form I-131 require that applicants for re-entry permits and refugee travel documents between the ages of 14 through 79 to provide biometrics before departing from the United States. Applicants also are strongly encouraged to apply, whenever possible, well in advance of their anticipated travel dates to allow time to attend their ASC appointments and to receive their travel documents. Shortly after filing an I-131 form for a Refugee Travel Document or a RE-entry Permit, USCIS will mail the applicant his or her receipt and an ASC scheduling notice. The I-131 instructions also provide guidance for certain persons who are abroad at the time of filing to visit a U.S. Embassy or consulate for fingerprinting, although all applicants are urged to file before leaving the United States.
The instructions also discuss the requirement for applicants for re-entry permits and refugee travel documents who are in the United States to pay the $80 biometrics services fee, or to submit a biometrics fee waiver request with sufficient documentation to support their inability to pay the fee. As in the past, the application fee for the I-131 form cannot be waived.
In addition, if applicants require expedited processing, the instructions provide specific information for submitting pre-paid express mailers with the I-131 for USCIS to send the applicant his or her receipt and ASC appointment notice, as well as the completed Re-entry Permit or Refugee Travel Document, if approved. A request for expedited processing should contain the applicant’s reasons for such processing.
|
|
|
|
|
| Wednesday, March 19, 2008 |
|
USCIS Q/A on New FBI Name Check Policy
By admin @ 8:24 AM :: 158 Views ::
0 Comments :: News, I-485 Adjustment of Status, Other
|
|
We reported in a prior post that the USCIS, under a new policy, will adjudicate I-485 adjustment applications (if the priority date is current) even if the FBI name check is pending. USCIS recently issued a few Question and Answers about this new policy. Here are a few that readers of this web site will find particularly interesting.
Q - How many applications for lawful permanent residence are immediately affected by this policy change?
USCIS is aware of approximately 47,000 applications for permanent residence (I-485) cases that are otherwise approvable but have an FBI name check pending. A portion of these cases are both outside normal processing times and have an FBI name check that has been pending for more than 180 days. These cases will be subject to processing under the new policy. USCIS anticipates the majority of the cases that can now be adjudicated will be processed by mid-March 2008.
Q - How long will it take for USCIS to work through the cases affected by the policy change?
USCIS has begun identifying cases affected by this policy modification in each field office and service center. Each office will evaluate the pending cases and will adjust their workload accordingly. USCIS anticipates the majority of the cases subject to this policy modification will be processed by mid-March 2008. We recommend customers wait until March 10 before inquiring about their cases. This will allow each office sufficient time to identify and adjudicate pending cases.
Q - Should customers contact USCIS through the 1-800 customer service number or make an INFOPASS appointment to visit their local office if their case is outside of normal processing times and they believe their application meets the criteria of this new policy?
For pending applications outside of normal processing times, we recommend that customers wait until March 10, 2008, before inquiring about cases affected by this policy modification. This will allow each office sufficient time to identify and adjudicate the relevant pending cases. If no action is taken by mid-March, we recommend inquiring with the USCIS customer service line at 1-800-375-5283. This procedure is for customers who have been previously informed that their case is pending due to the FBI name check. (Cases that are still pending within the processing times will be completed when the related adjudication actions are completed).
|
|
|
|
|
| Friday, January 18, 2008 |
|
PERM Recruitment - Does the Left Hand Know What the Right Hand is Doing?
By admin @ 11:44 AM :: 255 Views ::
0 Comments :: News, Labor Certification (PERM), Other
|
|
If you have gone through the recruitment process for a PERM labor certification application, you know how extensive and exhaustive that process can be. Companies going through the labor certification process for professional positions must advertise in six different venues. Three mandatory types of recruitment are: the state job bank, two Sunday print ads, the internal posting. The three alternate types are chosen from a list of ten additional recruitment methods.
One of the most frequently used options on this alternate list is an internet job search website, and one of the most popular of those is American’s Job Exchange (AJE) (formerly American’s Job Bank). The issue that sometimes arises is that a few state workforce agencies actually use AJE for their own state job bank postings. Good practitioners are very careful to make sure they are not duplicating advertising efforts by using AJE as an alternative advertising option when the state in which the position is located uses AJE themselves.
Unfortunately, it appears that the Atlanta office of the Department of Labor (DOL) must be unaware of which states post to AJE. One example is the State of Florida. Although the Florida State Workforce Agency has confirmed that they do not post their job openings on AJE, the Atlanta DOL has denied PERM certifications for just that reason - stating that AJE as an alternate form of recruitment was invalid because Florida had already posted the job there.
What could be more frustrating than waiting months for an important application to be processed only to have it denied by officer error? Trying to CORRECT that error! There is no email communication, and calls are rarely - if ever – returned. Filing an appeal seems to be the only method of getting through to the office, but appeals are languishing at the Atlanta office for many months, with no end in sight. Unfortunately for these foreign national workers, it seems that the best option is starting over and re-filing the application. As difficult as the PERM process is anyway, incorrect and inconsistent decisions by the DOL is making navigating this process even more difficult.
|
|
|
|
|
| Friday, January 18, 2008 |
|
Five Important Reminders for Foreign Nationals Coming to the United States
By admin @ 11:41 AM :: 263 Views ::
0 Comments :: News, H1B Visas, Family Immigration, Other
|
|
1. It's the I-94 that governs your stay in the U.S., not the Visa
When a foreign national enters the United States in nonimmigrant status, he/she will receive an I-94 Arrival/Departure Record at the port-of-entry. This I-94 card will state the class of admission (such as B, H, L, F etc) as well as the expiration date of the nonimmigrant status. It is the expiration date on the I-94 card that governs one's stay in the United States. If a foreign national remains in the United States past this date (without having a pending extension or change of status application at that time), he/she will be out-of-status (or illegal).
A U.S. visa, on the other hand, allows the foreign national to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not guarantee entry to the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) immigration inspectors determine admission into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrant visa only relates to when an individual may apply for entry into the U.S. DHS immigration inspectors will record the terms of your admission on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport.
In some cases, the admission period you receive on your I-94 will be different than the validity dates shown on your visa. This is particularly true for some categories of visas, such as E visa holders (who normally receive 5-year visas, but are admitted for only two years at a time) or for certain nationals (such as Chinese H-1B visa holders (who normally receive a 3-month visa validity, but may be authorized to remain in the U.S. for up to three years at a time). Problems may also arise where a foreign national travels on a valid, unexpired visa for a prior employer, but has since been approved for an extension of stay. For these reasons, it is very important that you check your I-94 as soon as you have been admitted to ensure that you have been admitted in the appropriate visa status for the appropriate period of time.
2. If you overstay your I-94 card for even one day, your visa is automatically cancelled
Under Section 221(g) of the Immigration and Nationality Act, a foreign national's nonimmigrant visa is automatically cancelled if the foreign national overstays the expiration date of his/her I-94 Arrival/Departure Record. (Some exceptions exist for those who have legitimate extension or change of status applications pending.) If the visa is cancelled, a foreign national cannot use it to reenter the United States and must apply for a new visa at a U.S. consulate abroad B normally in one's home country. Why is 221(g) important to keep in mind when in the U.S.? First, violating one's nonimmigrant status could have a negative impact when applying for another visa abroad. Second, as hard as it is to get a nonimmigrant visa approved at a U.S. consulate abroad, once a foreign national has it why do something to lose it? Third, being forced to apply for your visa in your home country can be expensive and time-consuming, particularly for nationals of China and India. Do not overstay the expiration date on your I-94 card.
3. If you enter the U.S. with your spouse, don't forget about him or her!
We have seen many situations where a person enters the U.S. in H1B status with his or her spouse who enters as a dependent in H4 status. However, when the H1B nonimmigrant applies to extend his/her status, they forget to do the same for the spouse. Often the main applicant thinks that the spouse's status is automatically extended when his/her extension application is approved. This is not the case. One must file a separate application to extend the status of the dependent spouse. If this is not done, the dependent spouse can fall out-of-status and be subject to removal from the United States. This applies not just to persons who enter in H status, but many other nonimmigrant statuses as well. So do not forget about your spouse!
4. If you enter under the Visa Waiver Program, you cannot change or extend your status
The Visa Waiver Program allows citizens of certain countries, traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. Unlike a person who enters the United States as a visitor with a B1/B2 visitor visa, a person who enters under the Visa Waiver program cannot extend their stay in the United States nor can they change their status to another nonimmigrant status. Furthermore, if a person who enters under the Visa Waiver program overstays his/her I-94W Arrival/Departure Record or otherwise violates his/her nonimmigrant status, he/she can no longer enter the U.S. under the Visa Waiver program and must apply for a B1/B2 visitor visa at a U.S. consulate abroad.
5. If you're not sure about something, ask for help
U.S. immigration law is complicated. Even the smallest violation of one's nonimmigrant status could result in removal, bars to reentry and other negative consequences. Sometimes it is difficult to understand what a person can or cannot do while holding a certain nonimmigrant status. For example, can an H1B work on the side for someone other than his/her employer? Can a student in F status do volunteer work? What will result in a visitor in B status violating his/her status? If you're not sure, ask a qualified immigration attorney for advice. A little good advice could save you many headaches in the future.
|
|
|
|
|
| Tuesday, January 08, 2008 |
|
Client Comments
By admin @ 11:53 AM :: 170 Views ::
0 Comments :: Other
|
|
We are in the business of helping people. So it makes us feel good when clients tell us how happy they are that we helped them.
For this particular client, our office filed an I-140 Immigrant Petition for Alien Worker under the National Interest Waiver (NIW) category. We also filed an I-485 Adjustment of Status application concurrently with the I-140 petition since the priority date was current for her country of nationality. Through the hard work of a number of staff members at the firm, the client's I-140 NIW application was approved. And subsequently the I-485 adjustment application was recently approved as well. Now the client is a permanent resident of the United States and can begin the process of eventually becoming a U.S. citizen.
Dear Mr. Bashyam,
Yesterday I received my green card!
Thank you so much for your work on my case: I am very satisfied with the result.
I highly appreciate the quality of assistance of Pamela Prather and Tina Huber in preparation of my documents for the application and during the pending process. I found that all members of your team are very knowledgeable and very particular about all details of the process.
I will recommend your firm to my colleagues and friends.
I wish you all the best and Happy Holidays!
Sincerely,
(Name Edited)
|
|
|
|
|
| Wednesday, January 02, 2008 |
|
News Bits and Upcoming Events in 2008
By admin @ 7:59 AM :: 159 Views ::
0 Comments :: News, Other
|
To read the USCIS application and receipting update as of December 14, 2007, please go to THIS LINK.
On January 1, 2008, the fee to apply for any non-immigrant visa to enter the United States, including tourist, business, student and other visas, will increase to $131 world-wide. This increase will also apply to Border Crossing Cards. To read more, please go to THIS LINK.
The Department of Labor Backlog Elimination Center issued Round 8 of its Frequently Asked Questions (FAQ). To read the entire FAQ, please go to THIS LINK.
Speaking of labor certifications, the PERM system started relatively smoothly but it looks like the Department of Labor is starting to change the rules in the middle of the game. As a result, it is important that law firms and employers adapt accordingly, and that expectations are realistic given this ever-evolving process.
Our firm will be holding a series of seminars in early 2008 that will address various PERM-related issues. The first seminar will be on the PERM recruitment process - what do employers have to do, who has to be interviewed, and what needs to be documented. We will most likely have video-conferencing capability for our clients and readers in other parts of the United States. We will provide more detailed information on this seminar in January, but if this sounds interesting to you let us know by sending us an email to info@bashyamspiro.com. We would love to hear if you have any suggestions for future topics as well.
|
|
|
|
|
|
|
|
| |
|