Question: I am a PhD candidate in petroleum engineering (finished my masters in 2009) who works at a supercomputing center. I have about 16 publications including one journal article and 1 book chapter. I am either 1st or 2nd author on these. I have been a reviewer on 6 conferences. My area of research is geologic CO2 sequestration, identifying the candidate reservoirs and studying the long term effects. To a lesser extent, the research is about shale gas (but in development phase) because that's where the CO2 is going to be stored. I managed to get 6 letters from collaborators, including 2 letters from NSF program directors. I also have a national award and about 40 citations of my work.
My question to you is this: What are my odds of getting an NIW EB2 approved given my qualifications?
Answer: Hello and thank you for contacting me. Based on the information you have provided, it sounds very promising. Have you filed yet?
I would say your qualifications are good, in that USCIS should be satisfied that your past record of accomplishment will lead to tangible benefits in the US. However, with respect to the field, and whether it should be considered an area of substantial intrinsic merit and national in scope, that is more difficult to say, mainly because you have not provided as much information.
Please find below the standards for the NIW, for your reference. I would also advise that for EB-1 outstanding researcher/extraordinary ability cases and EB-2 NIW cases, presentation techniques play a large part in the process. In other words, you want to make the adjudicators job easier by presenting your evidence in a way that allows them to determine if your case is a winner within the first 5 minutes of review.
Sunday, February 27, 2011
Live Webinar: Immigration Compliance for Small Business: I-9s Compliance, Fines, Advice & Noting E-Verify’s Limitations
In the current legal environment, you need to understand your responsibilities when hiring new employees and contractors. Mistakes can result in fines and other penalties. Do you know how to comply with I-9s and E-Verify? What are the odds you will be fined and how are those fines calculated? Join this webinar where you will learn:
► How to complete the Form I-9 properly
► The difference between technical and substantive errors
► Which penalties can result from a government audit.
► How likely are you to be fined and how fines are calculated
► A shorthand way to assess risk/quantity of penalties for technical and/or substantive violations
► How to bring down or eliminate the possibility of fines before your site is visited.
► Which federal contractors and subcontractors must use E-Verify and the problems that can ensue from its use.
WEBINAR DETAILS:
Date/Time: Wed., March 2, at noon ET
Presenter: Christina Lang Wallace, Attorney at Law, Partner of Ryvin Wallace Group
Duration: 60 minutes
Who Should Attend: Business owners and employees interested in making sure they follow immigration compliance requirements
Click here to register for the FREE live Webinar on Wed., March 2, at noon ET.
► How to complete the Form I-9 properly
► The difference between technical and substantive errors
► Which penalties can result from a government audit.
► How likely are you to be fined and how fines are calculated
► A shorthand way to assess risk/quantity of penalties for technical and/or substantive violations
► How to bring down or eliminate the possibility of fines before your site is visited.
► Which federal contractors and subcontractors must use E-Verify and the problems that can ensue from its use.
WEBINAR DETAILS:
Date/Time: Wed., March 2, at noon ET
Presenter: Christina Lang Wallace, Attorney at Law, Partner of Ryvin Wallace Group
Duration: 60 minutes
Who Should Attend: Business owners and employees interested in making sure they follow immigration compliance requirements
Click here to register for the FREE live Webinar on Wed., March 2, at noon ET.
Thursday, February 24, 2011
TN Scientific Technician case approved for three years in Toronto for Canadian software engineering technician with no post secondary education!
We recently were successful in helping a Florida based platform development company secure the services of a software engineering technician with no post-secondary (high school) education, through the NAFTA TN Scientific Technician/Technologist temporary worker classification.
This is significant because while a scientific technician/technologist is theoretically not required to have post secondary education, in practice, it is not unusual for applicants without a two-year associates degree to be refused by the United States Customs and Border Protection (CBP).
Read more about our case and the NAFTA TN Scientific Technician/Technologist requirements, including a copy of a key government memo, after the jump.
This is significant because while a scientific technician/technologist is theoretically not required to have post secondary education, in practice, it is not unusual for applicants without a two-year associates degree to be refused by the United States Customs and Border Protection (CBP).
Read more about our case and the NAFTA TN Scientific Technician/Technologist requirements, including a copy of a key government memo, after the jump.
Wednesday, February 23, 2011
Q & A: I-130 upgrade after sponsor becomes a US Citizen
Question: I filed an I-130 for my spouse when I had my green card. Two months ago we received a receipt notice with a file number. My spouse is in the US on an H1B and needs to adjust status. I just became a US citizen and want to apply I-485 for my spouse. How can I upgrade my I-130? What location should I file the I-485? For concurrent filing or location for just I-485 filing? Should I attach a copy of my citizenship certificate and a copy of I-130 and receipt notice with my I-485? Is that enough or I should call some number to update my I-130 status before I file I-485?
Read our answer after the jump.
Read our answer after the jump.
Tuesday, February 22, 2011
Q & A: I-140 Portability under AC-21: Same or Similar Job?
Question: I am a July 2007 filer with a Oct 2006 PD. My labor was filed as a Software Developer. Recently I got a job offer in a fortune 500 firm as a technical lead architect. My labor certification (PERM) application was filed for the position of Electrical Engineer (SOC 17-2071.00). My new position falls under the Computer Software Engineer (SOC 15-1031). My new employer said that he will not file under AC-21 and they will take appropriate action if I get an RFE. I want to know how strict the same similar job requirement is? Do you feel that taking a Lead Architect job with an Electrical Engineer labor cert would jeopardize my green card ?
Read our Answer after the jump.
Thursday, February 17, 2011
How to Fix the Flawed Startup Visa Act
by Vivek Wadhwa
Many foreign-born techies in the U.S. and abroad are pinning their entrepreneurial hopes on the passage of a bill, sponsored by Senators John Kerry (D-Mass.) and Richard Lugar (R-Ind.), to create a startup visa. Tech-industry notables such as Paul Graham, Eric Ries, Brad Feld, Fred Wilson, and David McClure have lobbied for this. I, too, lent this my support. In fact, I have been advocating such a visa since 2007—when my team’s research revealed that 52% of Silicon Valley’s startups from 1995 to 2005 were founded by immigrants. We also learned that a million skilled workers and their families were stuck in “immigration limbo” and that many were beginning to return home—causing America’s first brain drain.Link to article which appears on TechCrunch.com.
Tuesday, February 15, 2011
Saturday, February 12, 2011
EB-3 to EB-2 Upgrades: Reducing Green Card Wait Times By Years
by Michael Ryvin Owner and Partner
Ryvin Wallace Group
Many of our readers are working in the United States pursuant to H-1B status, and have established their place in the green card line, by having an approved labor certification (PERM) application, and I-140 petition for immigrant worker.
As you may know, employment based immigration to the United States is divided into preference categories, first, second, third, fourth and fifth. The three most commonly used employment based preference categories are: first preference (EB-1) category, reserved for aliens of extraordinary ability, outstanding researchers and multinational mangers; second preference (EB-2) category, for advanced degree workers and individuals working in the national interest; and third preference (EB-3) category, for professional, skilled and other workers. Click here for more information about EB-1, 2 and 3, as the well as EB-4 (religious workers) and EB-5 (investors).
For those foreign nationals with approved EB-3 I-140 petitions, the wait time for an actual green card could be five, six, seven years, or more! If you are in this group, it is important to understand the process of “upgrading” your case from EB-3, to a higher preference category. AN UPGRADE COULD SHAVE YEARS OFF YOUR GREEN CARD WAIT TIME.
The Basic Requirements
If you have an approved EB-3 I-140 petition and either your current employer or a prospective employer is willing to consider helping you file a SECOND labor certification (PERM) application, and I-140 petition, you may be eligible to upgrade from EB-3 to EB-2 AND retain your earlier priority date. Depending on your country of birth and earlier priority date, this process might even make you eligible for a green card immediately.
The law confirms that the new job and employee must qualify. The job must require a Master’s degree or equivalent. Equivalency in US immigration law is defined as a four-year Bachelor’s degree followed by five years of progressive experience. This qualification, the Master’s degree or equivalent, must have been acquired BEFORE the foreign national starts working in the occupation which will form the basis for the new PERM and I-140 petition.
Next Steps
For more information about upgrades please find additional details after the jump, including the benefits of re-filing, when an upgrade is appropriate, requirements, and frequently asked questions. If you have questions about the upgrade process, please contact one of our experienced immigration attorneys. If you believe you are eligible for an upgrade right now, please complete and return our EB-3 to EB-2 worksheet (embedded at the end of this blog post) and contact us to schedule a consultation.
Ryvin Wallace Group
Many of our readers are working in the United States pursuant to H-1B status, and have established their place in the green card line, by having an approved labor certification (PERM) application, and I-140 petition for immigrant worker.
As you may know, employment based immigration to the United States is divided into preference categories, first, second, third, fourth and fifth. The three most commonly used employment based preference categories are: first preference (EB-1) category, reserved for aliens of extraordinary ability, outstanding researchers and multinational mangers; second preference (EB-2) category, for advanced degree workers and individuals working in the national interest; and third preference (EB-3) category, for professional, skilled and other workers. Click here for more information about EB-1, 2 and 3, as the well as EB-4 (religious workers) and EB-5 (investors).
For those foreign nationals with approved EB-3 I-140 petitions, the wait time for an actual green card could be five, six, seven years, or more! If you are in this group, it is important to understand the process of “upgrading” your case from EB-3, to a higher preference category. AN UPGRADE COULD SHAVE YEARS OFF YOUR GREEN CARD WAIT TIME.
The Basic Requirements
If you have an approved EB-3 I-140 petition and either your current employer or a prospective employer is willing to consider helping you file a SECOND labor certification (PERM) application, and I-140 petition, you may be eligible to upgrade from EB-3 to EB-2 AND retain your earlier priority date. Depending on your country of birth and earlier priority date, this process might even make you eligible for a green card immediately.
The law confirms that the new job and employee must qualify. The job must require a Master’s degree or equivalent. Equivalency in US immigration law is defined as a four-year Bachelor’s degree followed by five years of progressive experience. This qualification, the Master’s degree or equivalent, must have been acquired BEFORE the foreign national starts working in the occupation which will form the basis for the new PERM and I-140 petition.
Next Steps
For more information about upgrades please find additional details after the jump, including the benefits of re-filing, when an upgrade is appropriate, requirements, and frequently asked questions. If you have questions about the upgrade process, please contact one of our experienced immigration attorneys. If you believe you are eligible for an upgrade right now, please complete and return our EB-3 to EB-2 worksheet (embedded at the end of this blog post) and contact us to schedule a consultation.
Wednesday, February 9, 2011
Deeper into the Shadows: The Unintended Consequences of Immigration Worksite Enforcement
by Jeffrey Kaye via Immigration Policy Center
When President Obama delivered his State of the Union speech last month, he repeated a theme that’s been a constant in his references to immigration reform: “I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws, and address the millions of undocumented workers who are now living in the shadows,” he said, pausing for applause. The phrase I’ve emphasized is one that has resonated for Obama in the past. Bringing workers “out of the shadows” and showing concern for immigrants living “in the shadows” has been a regular refrain in Obama’s immigration lexicon. But intentions and rhetoric don’t appear to match policy. Current immigration-enforcement strategies are backfiring and, contrary to the President’s stated goals, are forcing more people into the shadows. As a result, underground economies and communities are growing, not only harming workers (many of whom have been here for many years and are settled members of our society and labor force), but also their families and the public at large.Link: http://www.immigrationpolicy.org/special-reports/deeper-shadows
Students who came out to support failed DREAM Act now fear deportation
After a False Dawn, Anxiety for Illegal Immigrant Students
By JULIA PRESTON
New York Times
Published: February 8, 2011
By JULIA PRESTON
New York Times
Published: February 8, 2011
The president says he supports their cause, and immigration officials say illegal immigrant students with no criminal record are not among their priorities for deportation. But federal immigration authorities removed a record number of immigrants from the country last year, nearly 393,000, while the local police are rapidly expanding their role in immigration enforcement. Students often get caught.
Illegal immigrants also face new restrictions many states are imposing on their access to public education, driver’s licenses and jobs. And for those like Ms. Aguilar who came out last year to proclaim their illegal status, there is no going back to the shadows.Link.
AILA: E-Verify Not the Right Solution for American Economy
Expanding E-Verify Will Not Preserve Jobs for American Workers
WASHINGTON, DC - As the House Immigration Subcommittee prepares for its hearing, "E-Verify- Preserving Jobs for American Workers," the American Immigration Lawyers Association (AILA) calls upon Congress to tell Americans the full story of the flawed electronic employment verification system. Any expansion of this system will burden U.S. employers, waste time and taxpayer resources, and slow the nation's economic recovery. The Congressional Budget Office reported that implementing mandatory E-Verify would cost American taxpayers as much as $3 billion over five years.
WASHINGTON, DC - As the House Immigration Subcommittee prepares for its hearing, "E-Verify- Preserving Jobs for American Workers," the American Immigration Lawyers Association (AILA) calls upon Congress to tell Americans the full story of the flawed electronic employment verification system. Any expansion of this system will burden U.S. employers, waste time and taxpayer resources, and slow the nation's economic recovery. The Congressional Budget Office reported that implementing mandatory E-Verify would cost American taxpayers as much as $3 billion over five years.
Monday, February 7, 2011
Sunday, February 6, 2011
Q & A: Resuming H-1B status after departing the US for more than a year
Questions: I had H-1B status from June 2006 to August 2008, and then departed the United States for two years. I returned as an F-1 student and am now working on OPT. My employer wants to sponsor me for an H-1B, and I was wondering if my new H-1B petition would be cap subject? Do I have a fresh six years? If not, how much time do I have left?
Answers: Leaving employment and departing from the United States for one year or more does not require the foreign national to obtain a new visa number, if the full six years have not been used up. However, you must elect to use the old H-1B number, or file for a new one. In other words, you have a choice. You can file a cap exempt H-1B now, with approximately four years of H-1B time left (since you have already used approximately two years); or altneratively, if you want a full six years, you would have to wait until April 1 to file a cap subject H-1B under next year's cap (with a October 1, 2011 start date).
Guidelines for your situation are found in a 2006 USCIS policy memorandum. Please find a citation to the memo and the key excerpts after the jump.
Answers: Leaving employment and departing from the United States for one year or more does not require the foreign national to obtain a new visa number, if the full six years have not been used up. However, you must elect to use the old H-1B number, or file for a new one. In other words, you have a choice. You can file a cap exempt H-1B now, with approximately four years of H-1B time left (since you have already used approximately two years); or altneratively, if you want a full six years, you would have to wait until April 1 to file a cap subject H-1B under next year's cap (with a October 1, 2011 start date).
Guidelines for your situation are found in a 2006 USCIS policy memorandum. Please find a citation to the memo and the key excerpts after the jump.
Friday, February 4, 2011
THE PRACTICES AND OPINIONS OF EMPLOYERS WHO DO NOT PARTICIPATE IN E-VERIFY
Report prepared by Westat submitted to US DHS (December 2010)
Executive Summary
E-Verify, formerly titled the Basic Pilot Program, is an Internet-based program that allows participating employers to electronically verify the work-authorization status of new hires. After employers enter data from the Form I-9 into E-Verify, the data are compared electronically with data in Social Security Administration records and in Department of Homeland Security immigration records. Typically (96.9 percent of queries in July through September 2008) employees are automatically confirmed as work authorized either immediately or within 24 hours, requiring no employee or employer action.1 If problems are found, then employers are required to notify workers and give them an opportunity to contest the initial finding.
Past surveys of E-Verify users have shown high levels of satisfaction. However, as of 2009, less than 3 percent of all employers in the United States participate in E-Verify. Many policymakers have looked for ways to reduce unauthorized employment, including State law mandates to participate in E-Verify for all employers (in Arizona and Mississippi) or selected groups of employers (in 11 states and in the Federal government, which requires participation by certain Federal contractors). This study was designed to determine why employers do not participate in E-Verify, what factors they desire in E-Verify, and what they think about a mandatory program.
You can find the rest of the Exec Summary and the entire presentation after the jump.
Executive Summary
E-Verify, formerly titled the Basic Pilot Program, is an Internet-based program that allows participating employers to electronically verify the work-authorization status of new hires. After employers enter data from the Form I-9 into E-Verify, the data are compared electronically with data in Social Security Administration records and in Department of Homeland Security immigration records. Typically (96.9 percent of queries in July through September 2008) employees are automatically confirmed as work authorized either immediately or within 24 hours, requiring no employee or employer action.1 If problems are found, then employers are required to notify workers and give them an opportunity to contest the initial finding.
Past surveys of E-Verify users have shown high levels of satisfaction. However, as of 2009, less than 3 percent of all employers in the United States participate in E-Verify. Many policymakers have looked for ways to reduce unauthorized employment, including State law mandates to participate in E-Verify for all employers (in Arizona and Mississippi) or selected groups of employers (in 11 states and in the Federal government, which requires participation by certain Federal contractors). This study was designed to determine why employers do not participate in E-Verify, what factors they desire in E-Verify, and what they think about a mandatory program.
You can find the rest of the Exec Summary and the entire presentation after the jump.
Thursday, February 3, 2011
Q & A: H-1B portability after the 6th year; priority date recapture
Question: Hello, can you please provide me some guidance on my H-1B scenario? I am working on H-1B since October 2004. My current company filed for my green card and my I-140 petition is approved, with a priority date in January 2009. I have recently been approved for H-1B status beyond my 6th year, valid to July 2012. Now I want to know what are my options if I want to move from this job/company?
1. Can I change companies on H-1B now? If so, would I get a 3 yr or 1 yr extension?
2. Do I need to take a break from H-1B status and wait for a year before I can file for a new H-1B? Or can I apply when the H-1B quota opens again in April 2011?
3. Would I retain my GC priority date if I change jobs?
Please find RWG answers after the jump.
1. Can I change companies on H-1B now? If so, would I get a 3 yr or 1 yr extension?
2. Do I need to take a break from H-1B status and wait for a year before I can file for a new H-1B? Or can I apply when the H-1B quota opens again in April 2011?
3. Would I retain my GC priority date if I change jobs?
Please find RWG answers after the jump.
Wednesday, February 2, 2011
Frequently Asked Questions about the Visa Waiver Program (VWP) and the Electronic System for Travel Authorization (ESTA)
Q: What is the Visa Waiver Program?
A: The Visa Waiver Program (VWP) is administered by DHS and enables eligible citizens or nationals of designated countries to travel to the United States for tourism or business for stays of 90 days or less without first obtaining a visa.
Q: What is the Electronic System for Travel Authorization?
A: The Electronic System for Travel Authorization (ESTA) is an automated system that assists in determining eligibility to travel to the United States under the Visa Waiver Program (VWP) and whether such travel poses any law enforcement or security risk. Upon completion of an ESTA application, a traveler is notified of his or her eligibility to travel to the United States under the VWP.
Link to FAQ re: General Information on the Visa Waiver Program; General Information on ESTA; ESTA and Data Privacy; Who Needs to Apply for ESTA; ESTA Implementation Timeline; How to Apply for an ESTA; ESTA Fee and the Travel Promotion Act of 2009; Updating Your ESTA; ESTA and the I-94W; ESTA and U.S. VISAS and; ESTA Denials.
A: The Visa Waiver Program (VWP) is administered by DHS and enables eligible citizens or nationals of designated countries to travel to the United States for tourism or business for stays of 90 days or less without first obtaining a visa.
Q: What is the Electronic System for Travel Authorization?
A: The Electronic System for Travel Authorization (ESTA) is an automated system that assists in determining eligibility to travel to the United States under the Visa Waiver Program (VWP) and whether such travel poses any law enforcement or security risk. Upon completion of an ESTA application, a traveler is notified of his or her eligibility to travel to the United States under the VWP.
Link to FAQ re: General Information on the Visa Waiver Program; General Information on ESTA; ESTA and Data Privacy; Who Needs to Apply for ESTA; ESTA Implementation Timeline; How to Apply for an ESTA; ESTA Fee and the Travel Promotion Act of 2009; Updating Your ESTA; ESTA and the I-94W; ESTA and U.S. VISAS and; ESTA Denials.
Tuesday, February 1, 2011
Tri Valley University blames Indian-origin staffer for immigration fraud
Via The Economic Times in India
As radio-tagging of scores of Indian students duped by a "sham" US university continues to cause anger back home, the controversial institute has claimed that one of its Indian-origin staff was responsible for the immigration fraud and it was not directly involved in it.
Breaking its silence, the California-based Tri Valley University (TVU), which was shut down last month, termed as "baseless" the allegations of immigration fraud against the institute and claimed that it had not duped any student.
Subscribe to:
Posts (Atom)