State Department Processing Visas from Brazil and China at Record Pace

Media Note

Office of the Spokesperson
Washington, DC
April 18, 2012
  

Earlier this year, President Obama called for a national strategy to make the United States the world’s top travel and tourism destination, generating jobs and revitalizing our economy. The Department of State is well on the way to meeting the President’s goals of increasing visitor visa processing capacity in China and Brazil by 40 percent in 2012.

State Dept. Reminder on Fees for Visa Services

DOS reminder that nonimmigrant and immigrant visa application fees will change on April 13, 2012. The fees for most nonimmigrant visa applications and Border Crossing Cards will increase, while all immigrant visa application fees will decrease. All visa applicants must pay the fee amounts in effect on the day they pay, including immigrant visa applicants who pay fees to the National Visa Center (NVC).

Please click here to view State Dept. notice on Fees for Visa Services. 

 

 

DOL Releases New FAQ Document on H-2B Final Rule

On March 14th, 20th and 27th, the Department conducted three webinars intended to educate program users and other interested stakeholders on the requirements of the 2012 H-2B Final Rule. Today the Department posted Round 1 of Frequently Asked Questions (FAQs). The FAQs are largely based on questions received from the webinar participants and other members of the regulated public and are published to assist employers, workers, and other interested parties in understanding the 2012 Final Rule as it goes into effect.

DOS Announcemes Ten-Year Visa Validity for Colombians Visiting the United States

Fact Sheet

Office of the Spokesperson Washington, DC
April 15, 2012  

The State Department is pleased to announce an increase in the validity of visas for Colombians traveling on a temporary basis to the United States from five years to ten years. This means that most Colombian applicants who qualify for a B-category non-immigrant visa may be issued a 120-month, multiple-entry visa.

USCIS Provides New Online Study Materials for N-400 English Test

During your naturalization interview, a USCIS Officer will ask you questions about your application and background. You will also take an English and civics test unless you qualify for an exemption or waiver. The English test has three components: reading, writing, and speaking. The civics test covers important U.S. history and government topics.

USCIS online resource page providing new videos, publications, and practice tests aimed at helping people prepare for the English language test portion of the Form N-400 eligibility interview.

DOS Issues List Of Countries With Limited Or No US Visa Services

Overview – What Does this List Provide?

U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons. The list below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.

The list below does not include the following:

USCIS Continues to Accept FY 2013 H-1B Petitions

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2013 cap. The agency began accepting these petitions on April 2, 2012.

USCIS has received approximately 17,400 H-1B petitions counting toward the 65,000 cap, and approximately 8,200 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

EB-5 Investment-Based Green Cards

Question details

I am currently on H1-B and my I-140 has been approved. Because of the delay in I-485 Processing, I was thinking of doing my green card through the EB-5 Category with a $500,000.00 Investment through a Regional Center or a New Commercial Enterprise.

I had a few questions regarding the following:

For EB-5 through Regional Center
1. What is the time frame for Investing the money? Does it vary per Project?
2. What is the general Return of Investment on these Projects? Does it vary per Project?
3. Can we withdraw the Investment earlier if the Project is a failure?
4. How much involvement is necessary/allowed in the management of the Project?
5. When can I start withdrawing the money after I get my Green Card?
6. Is there any agency/firm that evaluates the Regional Centers?

For EB-5 Immigrant Investor through New Commercial Enterprise

7. Do the 10 people have to employed immediately or over a period of 2 years?
8. If I employ 10 people and put in 500,000.00 in a start up business in a rural area or highly unemployed area towards the income for the employees, is the money counted towards investment?

Priority date retrogression -- consequences and concerns

Question details

The current prediction that the priority dates for employment based green card applications are likely to retrogress again has brought a lot of speculation and questions from our clients and our community. Let me clarify some of the questions and concerns.

Q 1. What happens if my priority date (“PD”) retrogresses while my I-485 is still pending?

Q 2. Can we expedite the adjudication of our pending I-485 (or any application, for that matter)?

A 1. There are two possibilities. First, the case is not yet ripe for adjudication (for instance, it has not been assigned to an officer or the security clearances are not yet submitted or obtained), USCIS can shelf the case and not process it any longer untile the PD becomes current again. Second, USCIS can “preadjudicate” that case. That means the case is adjudicated and then shelved for PD to become current again. I do not believe there exists a mechanism currently to determine what USCIS will do with an individual case.