Minimum Income Requirements for Use in Completing Form I-864 Affidavit of Support. Link.
Read about Ryvin Wallace Group's Family Based Immigration Practice.
Sunday, January 30, 2011
US VISA ISSUANCE DELAYS CAUSED BY PIMS
What is PIMS? On November 17, 2007, DOS instructed consular posts that they must verify the details of approved NIV petitions through the Petition Information Management Service (PIMS) via the Consular Consolidated Database (CCD). Consular officers access the details of approved nonimmigrant visa petitions through the CCD in a PIMS report, which links an approved petition to a base petitioner record allowing superior tracking of NIV petitioner and petition information. The electronic PIMS record created by the KCC is the primary source of evidence used by consular officers to determine nonimmigrant visa (NIV) petition approval. In addition to the information submitted by the petitioner on the I-129, many of the PIMS reports also contain information from DOS’ Fraud Prevention Unit (FPU). The FPU performs research on petitioners, and as part of a pilot project, the FPU, on a random basis, verifies factual aspects related to the beneficiaries and their proposed U.S. employment. Click here for additional details about PIMS and practice pointers.
Why is PIMS delaying your visa?
The following is from an exchange between AILA and USCIS during a December 8, 2010 teleconference which addresses the reasons a PIMS check might result in visa issuance delays.
Why is PIMS delaying your visa?
The following is from an exchange between AILA and USCIS during a December 8, 2010 teleconference which addresses the reasons a PIMS check might result in visa issuance delays.
NEW OFFICE L-1 TRENDS IN ADJUDICATION
The following exchange between AILA and USCIS during a December 8, 2010 teleconference highlights the problem of USCIS adjudicators not taking sufficient time to clearly explain deficiencies in a petition for US immigration benefits.
It is not unusual to submit a petition to USCIS only to receive a lengthy Request for Evidence (RFE) or even a denial, neither of which includes a clear explanation as to what went wrong. However, as noted in the following exchange, USCIS adjudicators are trained and required to consider all evidence presented in support of a petition and clearly explain deficiencies in either a Notice of Intent to Deny (NOID) or a denial letter.
The following exchange also speaks to the requirements for “new office” L-1 intra-company transferee petitions. As the exchange between AILA and USCIS clearly shows, new office petitions are commonly granted for a period of one year, but the extensions of L-1status are being denied, based on a number of factors. These factors include the US enterprise not being sufficiently developed to support the need for a full-time manager or executive, or the US enterprise not following through with the commitments it made in the original petition.
Denials based on a U.S. enterprise not being sufficiently developed to justify the need for a full-time manager or executive are understandable, since this requirement is clearly stated in the regulations, but I find the “following through with the commitment” comment to be very curious.
It is not unusual to submit a petition to USCIS only to receive a lengthy Request for Evidence (RFE) or even a denial, neither of which includes a clear explanation as to what went wrong. However, as noted in the following exchange, USCIS adjudicators are trained and required to consider all evidence presented in support of a petition and clearly explain deficiencies in either a Notice of Intent to Deny (NOID) or a denial letter.
The following exchange also speaks to the requirements for “new office” L-1 intra-company transferee petitions. As the exchange between AILA and USCIS clearly shows, new office petitions are commonly granted for a period of one year, but the extensions of L-1status are being denied, based on a number of factors. These factors include the US enterprise not being sufficiently developed to support the need for a full-time manager or executive, or the US enterprise not following through with the commitments it made in the original petition.
Denials based on a U.S. enterprise not being sufficiently developed to justify the need for a full-time manager or executive are understandable, since this requirement is clearly stated in the regulations, but I find the “following through with the commitment” comment to be very curious.
EB-5 Investor Visa USCIS Policy Memo and AILA Comments
USCIS Policy Memo dated December 11, 2010 for adjudication of EB-5 Regional Center Proposals and Affiliated Forms I-526, Immigrant Petition by an Alien Entrepreneur and Forms I-829, Petition by Entrepreneur to Remove Conditions:
USCIS EB-5 Investor Memo_12-11-2009
AILA Comments dated January 11, 2011 on the above Policy Memo:
AILA Comments dated 1-21-2011 on USCIS EB-5 Investor Memo dated 12_11_2009
USCIS EB-5 Investor Memo_12-11-2009
AILA Comments dated January 11, 2011 on the above Policy Memo:
AILA Comments dated 1-21-2011 on USCIS EB-5 Investor Memo dated 12_11_2009
Thursday, January 27, 2011
USCIS Reaches FY 2011 H-1B Cap
U.S. Citizenship and Immigration Services confirmed on 01/27/2011 08:01 PM EST that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.
Link.
Link.
Wednesday, January 26, 2011
State of Union and Immigration: President's Plans for Winning the Future Include Immigration Reform
Discusses Immigration Policy in Plan for Economic Prosperity
Courtesy of American Immigration Council
January 26, 2011
Washington, D.C. - Last night in his State of the Union address, President Barack Obama called on Republicans and Democrats to work together to "win the future" by taking on challenges that have been decades in the making - challenges like updating our current immigration laws to meet the needs of the country. The President outlined an ambitious agenda focused on innovation, education, and reform designed to expand economic growth and personal opportunity for all Americans. He specifically called on Congress to work with him to reform our laws so that we are able to attract the best and brightest minds from around the world, retain highly educated foreign students by making it easier for them to live and work in the United States, stop wasting the talent of students brought to this country illegally as children, and to end the problem of illegal immigration once and for all.
The following is a statement from Benjamin Johnson, Executive Director of the American Immigration Council:
"President Obama reminded Americans that they are capable of big things and big ideas. By acknowledging the contributions of immigrants - as entrepreneurs, innovators, students and workers - in his vision of a renewed America, the President reiterated that creating a 21st century immigration system is part of the solution for America's full economic recovery and future growth. But the President went a step further, decrying immigration policies that simply don't make sense, such as turning away the best and brightest minds from around the world, sending foreign students back to their countries to compete against us, or denying an education to students who have the potential to fill the jobs of the future.
By placing his discussion of immigration policy squarely within his plans for economic prosperity, the President continues the important work of reframing the immigration debate that he began during a major immigration speech last summer. By coupling his analysis with calls for civil discourse and more bipartisanship, he set the stage for a fresh start on this often divisive issue. We urge the Members of Congress to follow the President's lead and to come together to reform an immigration system that has, for too long, been out of step with what the country needs - innovators, entrepreneurs, skilled workers of all sorts, and dreamers."
Link to American Immigration Council Article.
Courtesy of American Immigration Council
January 26, 2011
Washington, D.C. - Last night in his State of the Union address, President Barack Obama called on Republicans and Democrats to work together to "win the future" by taking on challenges that have been decades in the making - challenges like updating our current immigration laws to meet the needs of the country. The President outlined an ambitious agenda focused on innovation, education, and reform designed to expand economic growth and personal opportunity for all Americans. He specifically called on Congress to work with him to reform our laws so that we are able to attract the best and brightest minds from around the world, retain highly educated foreign students by making it easier for them to live and work in the United States, stop wasting the talent of students brought to this country illegally as children, and to end the problem of illegal immigration once and for all.
The following is a statement from Benjamin Johnson, Executive Director of the American Immigration Council:
"President Obama reminded Americans that they are capable of big things and big ideas. By acknowledging the contributions of immigrants - as entrepreneurs, innovators, students and workers - in his vision of a renewed America, the President reiterated that creating a 21st century immigration system is part of the solution for America's full economic recovery and future growth. But the President went a step further, decrying immigration policies that simply don't make sense, such as turning away the best and brightest minds from around the world, sending foreign students back to their countries to compete against us, or denying an education to students who have the potential to fill the jobs of the future.
By placing his discussion of immigration policy squarely within his plans for economic prosperity, the President continues the important work of reframing the immigration debate that he began during a major immigration speech last summer. By coupling his analysis with calls for civil discourse and more bipartisanship, he set the stage for a fresh start on this often divisive issue. We urge the Members of Congress to follow the President's lead and to come together to reform an immigration system that has, for too long, been out of step with what the country needs - innovators, entrepreneurs, skilled workers of all sorts, and dreamers."
Link to American Immigration Council Article.
Monday, January 24, 2011
FY2011 H-1B Cap Count (Updated 01/24/11)
As of January 21, 2011, approximately 62,800 H-1B cap-subject petitions were receipted. Only 2,200 left.
Saturday, January 22, 2011
EB-1A Alien of Extraordinary Ability: USCIS Request for Evidence (RFE) Template/USCIS Draft Memo/AILA Comments on Draft Memo
Below you will find a template to be used by a USCIS (United States Citizenship and Immigration Service) Officer/Examiner when creating a request for evidence (RFE) for Employment Based, First Preference, Alien of Extraordinary Ability (EB-1A) I-140 green card petitions. Such RFEs are routinely issued by USCIS in response to initial EB-1A I-140 submissions.
By way of background, the EB-1A is the immigrant visa classification for foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics. To qualify, individuals must convince US immigration authorities that they belong to a small percentage who have risen to the very top of their field of endeavor. To meet this standard, the applicant must establish sustained national or international acclaim and demonstrate that his/her achievements have been recognized in the field of expertise. The petitioner, which can be either a current or future employer, or the foreign national (self-petition) must show that he/she has won a major internationally recognized award, such as the Nobel Prize, or meets at least three of 10 criteria outlined in the regulations. Discussion of the 10 criteria, and notably, USCIS interpretation of the same, is included in the template RFE, interim USCIS policy memo and AILA comments in response to the USCIS policy memo, all provided below.
The RFE Template:
EB-1A USCIS Request for Evidence Template
To better understand the RFE template, please see the following USCIS interim policy memorandum, dated August 18, 2010, whose purpose is to provide guidance regarding the analysis that Immigration Officers must use when evaluating EB-1 I-140 petitions.
Draft USCIS EB-1 I-140 Memo_8-18-2010
To help interpret the memo above, please see the following AILA (American Immigration Lawyers Association) comments, dated September 3, 2010, provided to USCIS in response to their USCIS interim policy memorandum above. These comments provide valuable insight into requirements and offer suggestions to USCIS for how cases should be examined.
AILA Comment on Draft USCIS EB-1 I-140 Memo_9-3-2010
Practice Pointer: Most EB-1 cases, especially those for aliens of extraordinary ability and outstanding researchers, are labor intensive matters, which tend to result in a considerable amount of evidence. That is why it is important to not only carefully document an applicant's qualifications and accomplishments, but to also carefully present the case to immigration authorities. Keep in mind that most USCIS Officers are overwhelmed with work and want to review your case quickly, so they can move on to the next one. Effective presentation of the evidence is critical. Ideally, the Officer should be able to determine that your case is a winner within minutes, followed by an almost cursory review.
At Ryvin Wallace Group, we enjoy partnering with accomplished individuals to help them document and present their accomplishments to US immigration authorities in the context of EB-1 alien of extraordinary ability and outstanding researcher cases, and EB-2 (National Interest Waiver) cases. Contact one of our experienced attorneys for a consultation today.
By way of background, the EB-1A is the immigrant visa classification for foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics. To qualify, individuals must convince US immigration authorities that they belong to a small percentage who have risen to the very top of their field of endeavor. To meet this standard, the applicant must establish sustained national or international acclaim and demonstrate that his/her achievements have been recognized in the field of expertise. The petitioner, which can be either a current or future employer, or the foreign national (self-petition) must show that he/she has won a major internationally recognized award, such as the Nobel Prize, or meets at least three of 10 criteria outlined in the regulations. Discussion of the 10 criteria, and notably, USCIS interpretation of the same, is included in the template RFE, interim USCIS policy memo and AILA comments in response to the USCIS policy memo, all provided below.
The RFE Template:
EB-1A USCIS Request for Evidence Template
To better understand the RFE template, please see the following USCIS interim policy memorandum, dated August 18, 2010, whose purpose is to provide guidance regarding the analysis that Immigration Officers must use when evaluating EB-1 I-140 petitions.
Draft USCIS EB-1 I-140 Memo_8-18-2010
To help interpret the memo above, please see the following AILA (American Immigration Lawyers Association) comments, dated September 3, 2010, provided to USCIS in response to their USCIS interim policy memorandum above. These comments provide valuable insight into requirements and offer suggestions to USCIS for how cases should be examined.
AILA Comment on Draft USCIS EB-1 I-140 Memo_9-3-2010
Practice Pointer: Most EB-1 cases, especially those for aliens of extraordinary ability and outstanding researchers, are labor intensive matters, which tend to result in a considerable amount of evidence. That is why it is important to not only carefully document an applicant's qualifications and accomplishments, but to also carefully present the case to immigration authorities. Keep in mind that most USCIS Officers are overwhelmed with work and want to review your case quickly, so they can move on to the next one. Effective presentation of the evidence is critical. Ideally, the Officer should be able to determine that your case is a winner within minutes, followed by an almost cursory review.
At Ryvin Wallace Group, we enjoy partnering with accomplished individuals to help them document and present their accomplishments to US immigration authorities in the context of EB-1 alien of extraordinary ability and outstanding researcher cases, and EB-2 (National Interest Waiver) cases. Contact one of our experienced attorneys for a consultation today.
Friday, January 21, 2011
Tri-Valley University called 'sham,' accused of immigration fraud
PLEASANTON -- A Pleasanton university that catered to mostly online students is being called a sham by federal prosecutors who say the university was a front to illegally provide immigration status to foreign nationals.
Immigration and Customs Enforcement agents on Wednesday were at the Tri-Valley University campus on Boulder Court in Pleasanton and executed search warrants at three other properties owned by school founder Susan Su, including one in the gated Ruby Hill community.
The complaint, filed by the U.S. District Attorney's Office on Wednesday, claims Su was part of an elaborate scheme to defraud, using false statements and misrepresentations to the Department of Homeland Security.
"Since its inception ... Tri-Valley University has been a sham university, which Su, and others, have used to facilitate foreign nationals in illegally acquiring student immigration status that authorizes them to remain in the United States," the complaint reads.
According to the complaint, Su and Tri-Valley University have made millions of dollars in tuition fees for issuing the visa-related documents, enabling foreign nationals to obtain illegal student immigration status.
Read more Silicon Valley Mercury News.
Read more CBS News.
Thursday, January 20, 2011
H-1B Cap Update (as of 1/14/2011): 4,300 regular Hs left; 0 advanced degree Hs left; target exhaustion date - before the end of January 2011!
USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 1/14/11, approximately 60,700 (out of 65,000) H-1B cap-subject petitions were receipted. USCIS has receipted 20,000 (out of 20,000) H-1B petitions for aliens with advanced degrees.
Tuesday, January 18, 2011
NPR: Resort Draws Investors With [EB-5] Immigrant Visa Program
As American banks are keeping a tighter grip on their wallets, more and more equity capital is coming through another door — from wealthy immigrants. In return for investing in an American enterprise that creates jobs, thousands of foreigners are getting green cards.
Link to NPR Report with audio.
USCIS releases revised Handbook for Employers (as of 1/5/2011)
United States Citizenship and Immigration Services (USCIS) is pleased to release The Handbook for Employers (Rev. 01/05/11), also known as the M-274. The Handbook for Employers helps employers better understand the Form I-9 process. It was published in cooperation with our Department of Homeland Security partners.
By law, U.S. employers must verify the identity and employment authorization for every worker they hire after November 6, 1986, regardless of the employee’s immigration status. To comply with the law, employers must complete Form I-9, Employment Eligibility Verification. The Handbook for Employers is a guide for employers in the Form I-9 process. It has been revised and updated with new information about applicable regulations, including new regulations about electronic storage and retention of Forms I-9; it clarifies how to process an employee with a complicated immigration status; and, it addresses public comments and frequently asked questions. We thank the many stakeholders who have provided comments on the Form I-9 process and the Handbook since the Handbook was last revised (Rev. 7/31/2009).
Some of the many improvements, new sections, and tools included in The Handbook for Employers are: (1) New visual aids for completing Form I-9; (2) Examples of new relevant USCIS documents; (3) Expanded guidance on lawful permanent residents, refugees and asylees, individuals in Temporary Protected Status (TPS), and exchange visitors and foreign students;(4) Expanded guidance on the processing of employees in or porting to H1-B status and H2-A status; and (5) Expanded guidance on extensions of stay for employees with temporary employment authorization.
The Handbook for Employers now also includes information for employers in the Commonwealth of the Northern Mariana Islands (CNMI) who must verify their employees’ employment authorization on Form I-9 CNMI. It also highlights information about documents CNMI employers may accept from their employees.
We are pleased to release this revised and updated handbook. We are hopeful it will serve as a useful guide for employers complying with the Form I-9 process.
New Countries Eligible to Participate in H-2A and H-2B Programs
Effective Jan. 18, 2011, nationals from the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Honduras, Hungary, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Nauru, The Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay, and Vanuatu. Of these countries, the following were designated for the first time this year: Barbados, Estonia, Fiji, Hungary, Kiribati, Latvia, Macedonia, Nauru, Papua New Guinea, Samoa, Slovenia, Solomon Islands, Tonga, Tuvalu, and Vanuatu.
Link to USCIS Press Release.
Link to USCIS Press Release.
Monday, January 17, 2011
Sunday, January 16, 2011
H-1B Cap Update (as of 1/7/2011): 6,300 regular Hs left; 0 advanced degree Hs left; target exhaustion date first week in Feb 2011
USCIS updated its count of FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted. As of 1/07/11, approximately 58,700 (out of 65,000) H-1B cap-subject petitions were receipted. USCIS has receipted 20,000 (out of 20,000) H-1B petitions for aliens with advanced degrees.
USCIS EB-5 Immigrant Investor Program Presentation
This USCIS (United States Citizenship and Immigration Service) presentation, dated December 16, 2010, was intended to provide a guide for discussion at a recent EB-5 stakeholders meeting. It attempts to explain current USCIS policy and practice and includes updates for EB-5 processing times, information about form revisions (I-526 and I-829), EB-5 officer training, and information about Regional Center applications and adjudications.
Link to PDF Presentation.
Link to PDF Presentation.
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