On February 15, 2009, the New York Times reports:
"The Army’s one-year pilot program will begin in New York City to recruit about 550 temporary immigrants who speak one or more of 35 languages, including Arabic, Chinese, Hindi, Igbo (a tongue spoken in Nigeria), Kurdish, Nepalese, Pashto, Russian and Tamil. Spanish speakers are not eligible. The Army’s program will also include about 300 medical professionals to be recruited nationwide. Recruiting will start after Department of Homeland Security officials update an immigration rule in coming days."
Pentagon officials expect that the lure of accelerated citizenship will be powerful. Under a statute invoked in 2002 by the Bush administration, immigrants who serve in the military can apply to become citizens on the first day of active service, and they can take the oath in as little as six months." http://www.nytimes.com/2009/02/15/us/15immig.html?scp=3&sq=immigrants&st=cse
FYI, the U.S. military has always had authority in wars to enlist nonimmigrants and people who entered illegally.
Friday, February 27, 2009
Monday, February 23, 2009
Naturalization
Naturalization applicants in San Francisco are now swearing in as U.S. citizens in Oakland. All ceremonies will now take place at the Paramount Theatre in Oakland.
Naturalization applications are currently taking about three to four months to process in San Francisco. San Jose office processing time is approximately four to five months.
The USCIS has a new set of naturalization questions – a little harder than in the past but they are similar.
Martin
Naturalization applications are currently taking about three to four months to process in San Francisco. San Jose office processing time is approximately four to five months.
The USCIS has a new set of naturalization questions – a little harder than in the past but they are similar.
Martin
Friday, February 20, 2009
Investor Visas
Individuals who seek to apply for green cards as an EB-5 investor based on their $500,000 or $1 million investment in their own business (as opposed to a regional center) should choose a business accountant carefully to work with the individual’s immigration attorney. The primary evidence that the government will look at to determine if the individual has invested the requisite $500,000 or $1 million is the business’s tax returns. Often accountants try to lower the business’s taxes by classifying the individual’s contributions to the business in ways which may be good for taxes but in doing so may hurt the individual’s EB-5 application. For more information on investor visas see www.aboutvisas.com.
Martin
Martin
Thursday, February 19, 2009
H-1B Dance
Possible strategy tip:
The government rules say that one may extend H-1B status beyond the 6 year limit if a labor certification is filed for a green card before the end of the 5th year of H-1B status. If one decides to apply for a labor certification and it cannot get on file before the end of the 5th year, one alternative is for the foreign national to depart the U.S. before the end of the 5th year for a few weeks or months until the labor certification is filed and then return. Time out of the U.S. will not count toward the 6 years. Thus, if this dance is done in time, it will preserve the ability to extend the H-1B beyond the 6 year limit.
Martin
The government rules say that one may extend H-1B status beyond the 6 year limit if a labor certification is filed for a green card before the end of the 5th year of H-1B status. If one decides to apply for a labor certification and it cannot get on file before the end of the 5th year, one alternative is for the foreign national to depart the U.S. before the end of the 5th year for a few weeks or months until the labor certification is filed and then return. Time out of the U.S. will not count toward the 6 years. Thus, if this dance is done in time, it will preserve the ability to extend the H-1B beyond the 6 year limit.
Martin
Wednesday, February 18, 2009
Can I Volunteer?
Lately a number of people have asked me whether a nonimmigrant visa holder can “work for free,” or just stock options?
All workers in the U.S. are required by law to prove they have a right to work at the time they take up new employment, U.S. citizens and green card holders included. Nonimmigrants must have work authorization. Employment is defined in the USCIS regulations as providing services for wages or “other remuneration.” So, if one works for stock, a place to live or another benefit, that is employment requiring a work permit.
One can volunteer. I volunteered at a lawyer’s office in Washington, D.C. for a few months when in college. It was educational not work. But if one is waiting tables at a restaurant, no one will believe the work is for free. A gray area is where a PhD researcher gives some advice to a new start up. If they do so for stock options that is employment. If they do so out of friendship, it is probably OK. Helping out without pay at Habitat for Humanity or the local sustainability group is also OK.
Martin
All workers in the U.S. are required by law to prove they have a right to work at the time they take up new employment, U.S. citizens and green card holders included. Nonimmigrants must have work authorization. Employment is defined in the USCIS regulations as providing services for wages or “other remuneration.” So, if one works for stock, a place to live or another benefit, that is employment requiring a work permit.
One can volunteer. I volunteered at a lawyer’s office in Washington, D.C. for a few months when in college. It was educational not work. But if one is waiting tables at a restaurant, no one will believe the work is for free. A gray area is where a PhD researcher gives some advice to a new start up. If they do so for stock options that is employment. If they do so out of friendship, it is probably OK. Helping out without pay at Habitat for Humanity or the local sustainability group is also OK.
Martin
Tuesday, February 17, 2009
Electronic System for Visa Waiver Travel Authorization
Beginning January 12, 2009, all visitors entering the US under the visa waiver program are now required to register with US Customs and Border Patrol prior to travel through the newly-created Electronic System for Travel Authorization (ESTA).
ESTA is an automated system that will determine whether a traveler is eligible to enter the US using the visa waiver program and is otherwise admissible. To register, go to: www.cbp.gov/esta and obtain pre-travel authorization. To complete the registration, the traveler must submit biographic information and answer questions. Most applicants receive an immediate decision. If an application is denied, the traveler must apply for a visitor's visa at the US Consulate. An ESTA is valid for two years. New reports say that people not aware of ESTA are being admitted with a warning to use the new system.
Martin
ESTA is an automated system that will determine whether a traveler is eligible to enter the US using the visa waiver program and is otherwise admissible. To register, go to: www.cbp.gov/esta and obtain pre-travel authorization. To complete the registration, the traveler must submit biographic information and answer questions. Most applicants receive an immediate decision. If an application is denied, the traveler must apply for a visitor's visa at the US Consulate. An ESTA is valid for two years. New reports say that people not aware of ESTA are being admitted with a warning to use the new system.
Martin
Friday, February 13, 2009
Facing the Future
What does the future hold for visas and green cards? No one really knows. But here are some thoughts based on conversations I had with people in Congress and at USCIS.
Short term. Using a team of temporary officers, USCIS is quickly processing the backlog of naturalization cases. This project will be complete soon. The team will then be assigned to clear out the backlog of adjustment of status (green card) cases.
The Department of Labor's processing of labor certifications is slowing. This agency as a whole seems to be going in reverse. It may even return to supervised recruitment which is the method used before PERM started about a decade ago.
Mid term. Due to the economy and increased influence of the unions with the Democratic Congress, there is little likelihood of more temporary work visas such as H-1Bs in the short term.
A recent USCIS study of H-1B visas found 21% had either technical violations of the rules or were fraudulent. Some in Congress now say there is an "H-1B problem." This bodes poorly for legislation increasing H-1B visa numbers.
Long term. Congress may provide some relief to technology companies and immigrating professionals by creating a new visa to bridge the gap between filing for a green card and its issuance. This is an interesting concept which might replace the H-1B visa for many.
Congress is working on a bill to recapture about 500,000 unused green card visa numbers lost due to slow processing after 9/11. If this bill passes, it will speed the processing of the EB-3 category for all and the EB-2 for China and India which are quite backlogged. Many agree that change is needed so the U.S. can more easily retain recent technology graduates as well as those with MS and Ph.D. degrees.
Short term. Using a team of temporary officers, USCIS is quickly processing the backlog of naturalization cases. This project will be complete soon. The team will then be assigned to clear out the backlog of adjustment of status (green card) cases.
The Department of Labor's processing of labor certifications is slowing. This agency as a whole seems to be going in reverse. It may even return to supervised recruitment which is the method used before PERM started about a decade ago.
Mid term. Due to the economy and increased influence of the unions with the Democratic Congress, there is little likelihood of more temporary work visas such as H-1Bs in the short term.
A recent USCIS study of H-1B visas found 21% had either technical violations of the rules or were fraudulent. Some in Congress now say there is an "H-1B problem." This bodes poorly for legislation increasing H-1B visa numbers.
Long term. Congress may provide some relief to technology companies and immigrating professionals by creating a new visa to bridge the gap between filing for a green card and its issuance. This is an interesting concept which might replace the H-1B visa for many.
Congress is working on a bill to recapture about 500,000 unused green card visa numbers lost due to slow processing after 9/11. If this bill passes, it will speed the processing of the EB-3 category for all and the EB-2 for China and India which are quite backlogged. Many agree that change is needed so the U.S. can more easily retain recent technology graduates as well as those with MS and Ph.D. degrees.
Thursday, February 12, 2009
More Countries Added to Visa Waiver Program
The "visa waiver" (VW) program allows nationals from certain countries to enter the United States without a visa for up to 90 days. The Department of Homeland Security recently added more countries to the program. The newly added countries are; the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, Malta and Slovak Republic.
These countries join: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
But there is a new wrinkle for those using VW. They need to receive an ESTA prior to travel. See the next story.
Martin
These countries join: Andorra, Australia, Austria, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.
But there is a new wrinkle for those using VW. They need to receive an ESTA prior to travel. See the next story.
Martin
Wednesday, February 11, 2009
L-1 Visas
L-1 visas for intracompany transferees are receiving more scrutiny by USCIS. A recent case decided by the USCIS Appeals Board (AAO) severely restricted the definition of a specialized knowledge worker. Requests for additional evidence and requests for documents (in addition to the employer's explanation) verifying the employee's specialized knowledge are now common.
Martin
Martin
Tuesday, February 10, 2009
USCIS Texas Service Center is Rocking
The USCIS Texas Service Center (TSC) is deciding some new green card cases in as little as three months! The TSC has recently approved three of our extraordinary ability cases in about that time. Because this may not continue, now is a good time to file EB-1 cases which include extraordinary ability, outstanding researcher and multinational company executives and managers.
Martin
Martin
Monday, February 9, 2009
April 1 - First Day to File H-1B Petitions
New H-1B petitions may be filed April 1, 2009. If approved, an applicant may start work on October 1, 2009. Those working on OPT on April 1 can continue doing so until their H-1B visa becomes effective on October 1.
Last April, there were about 163,000 applications for the 85,000 H-1B visa numbers. This year there may be fewer due to the slow economy and some STEM technology graduates who may opt out of the H-1B process. Thus, the chance of getting an H-1B visa may be higher than last year.
Martin
Last April, there were about 163,000 applications for the 85,000 H-1B visa numbers. This year there may be fewer due to the slow economy and some STEM technology graduates who may opt out of the H-1B process. Thus, the chance of getting an H-1B visa may be higher than last year.
Martin
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