General Nonimmigrant Visa
Obama's Immigration Action, Discussion with Attorney Rajiv S. Khanna
Immigration.com
Nonimmigrant Visas
Immigration Law
Green Card
For updates, see my blog page on Obama's Immigration Action.
Takeaway points for legal immigration from President Obama’s executive action:
1. USCIS is “about to” publish the final rule on H-4 work authorization. That will make it possible for certain spouses of H-1 holders to get work authorization.
2. Improving employment-based green card backlogs by:
a. Making visa issuance more efficient so no immigrant visas are wasted;
b. Providing for better AC21 rules and other ways to keep immigrant visas intact after a change of jobs. USCIS will clarify what constitutes “same or similar” job so that AC21 will not stop workers from getting promotions or even changing to related jobs within their field. USCIS must clear the path to career progression for green card applicants.
3. Expandingfurther the OPT time for STEM students, but creating tighter control on which universities/schools/degrees are eligible and ensure local workers are protected (Implement some sort of a “mini PERM?”).
4. Creating opportunities for foreign “inventors, researchers and founders of start-up” companies to come to the USA through an existing program called “National Interest Waiver.” Unfortunately for India, this is an EB-2 category program requiring several years of wait. But the following parole program will help:
a. Creating a parole (which is usually a temporary, but very quick measure and could eventually lead to a green card) program so that on a case-by-case bases, “inventors, researchers and founders of start-up” companies can be brought quickly into the USA where:
i.They have raised financing in the USA; OR
ii.Otherwise hold the promise of innovation and job creation through development of new technologies OR cutting edge research
5. Creating guidelines for exceptionally qualified or advanced degreed individuals to come to the USA through an existing program called “National Interest Waiver.” As noted, unfortunately for India, this is an EB-2 category program requiring several years of wait. But the parole option above could be helpful.
6. Providing clear guidance on L-1B program as to who can qualify.
Executive Actions on Immigration - USCIS
On November 20, 2014, the President announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation.
Fiscal Year 2015 Limit Set for CNMI-Only Transitional Workers
Release Date: September 29, 2014
DHS will allow 13,999 CW-1 nonimmigrants for FY 2015
WASHINGTON—The Department of Homeland Security (DHS) will allow up to 13,999 nonimmigrants for fiscal year (FY) 2015 for the Commonwealth of the Northern Mariana Islands (CNMI)-Only Transitional Worker (CW-1) program. DHS published the notice in today’s Federal Register.
USCIS Changes Secure Ink Color in Certain Immigration Document Stamps
On July 1, 2014, U. S. Citizenship and Immigration Services (USCIS) began using a new secure blue ink for many of its secure stamps.
DOL Updates Program Fact Sheet of 4th Quarter of FY 2014 as of 08/31/2014
The Office of Foreign Labor Certification has posted updated program factsheets containing the FY 2014 Q4 TD selected statistics for the Permanent Labor Certification Program, Prevailing Wage Determination Program, H-1B Temporary Visa Program,
State Dept. Amends the Schedule of Fees for Consular Services
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Rules and Regulations]
[Pages 51247-51254]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20516]
DEPARTMENT OF STATE
22 CFR Part 22
[Public Notice: 8850]
RIN 1400-AD47
Schedule of Fees for Consular Services, Department of State and
Overseas Embassies and Consulates--Visa and Citizenship Services Fee
Changes
AGENCY: Department of State.
ACTION: Interim final rule.
National Hockey League (NHL) and Vermont Service Center Meeting
The National Hockey League (NHL) requested USCIS to hold a teleconference during its annual conference. During that teleconference, NHL counsel posed several questions to USCIS. The question and answers are provided below (see attachment) for the benefit of interested stakeholders.In order to avoid repetition in the answers, USCIS notes that it stated several times that each petition mustestablish visa eligibility on its own merits. The Vermont Service Center (VSC) does not maintain acentral document depository for O and P nonimmigrant visa petitions.
NIV Dropbox Renewal Service - Nigeria
The United States Mission to Nigeria is pleased to announce an expansion of the Drop Box Visa Renewal Program, tentatively to start of June 9th. This program allows certain visa applicants who have previously been issued U.S. visas to renew their visas without attending an interview.
DHS Announces Proposals to Attract and Retain Highly Skilled Immigrants
Release Date: May 6, 2014
For Immediate Release
DHS Press Office
Contact: 202-282-8010
WASHINGTON — As part of the Administration’s continuing commitment to attract and retain highly skilled immigrants, the Department of Homeland Security (DHS) today announced the publication of two proposed rules, including a rule to extend employment authorization to spouses of certain H-1B workers, and a proposal to enhance opportunities for certain groups of highly-skilled workers by removing obstacles to their remaining in the United States.