Tips for Filing Form I-821, Application for TPS
Tips for filing form I-821, the application for Temporary Protected Status.
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Guestbook Entry for Vanessa Trinidad, United States
Name
Vanessa Trinidad
Country
United States
State
CT
Another H-1 approval without end-client letter
We have just received another H-1 approval for an end-client placement. There were two intervening vendors and the end-client declined to provide a letter stating that there is no requirement in law for them to provide any such letter. We had to get together convincing secondary evidence. I was highly doubtful we will get the approval, but we did. So, despite the January 8 memo from USCIS, there is life yet for consulting industry.
Nonimmigrant Visas
Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs
[Federal Register: January 19, 2010 (Volume 75, Number 11)]
[Notices]
[Page 2879-2880]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ja10-63]
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DEPARTMENT OF HOMELAND SECURITY
[Docket No. DHS-2009-0162]
RIN 1601-ZA08
Identification of Foreign Countries Whose Nationals Are Eligible To Participate in the H-2A and H-2B Visa Programs
AGENCY: Office of the Secretary, DHS.
ACTION: Notice.
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USCIS Announces Humanitarian Parole Policy for Certain Haitian Orphans
On Jan. 18, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State (DOS), today announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.
CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries to Complete Online Travel Authorization
On the one-year anniversary of implementing the Electronic System for Travel Authorization, the Department of Homeland Security’s U.S. Customs and Border Protection reminds U.S.-bound travelers from Visa Waiver Program countries of the ESTA requirement. Beginning January 20, CBP will initiate a 60-day transition to enforced ESTA compliance for air carriers; VWP travelers without an approved ESTA may not be allowed to board a U.S.-bound plane.
Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti
Questions & Answers: Information for U.S. Citizens in the process of adopting a child from Haiti
Introduction
On Jan. 12, 2010, Haiti experienced an earthquake of devastating proportions. This set of questions and answers provides information for United States citizens in the process of adopting a child from Haiti.
USCIS Warns of Immigration Scams Targeting Haitian Applicants for Temporary Protected Status
USCIS warns Haitians applying for temporary protected status to be aware of immigration scams. USCIS has a dedicated website providing guidance on its response to Haiti at www.uscis.gov/haitianearthquake.
Representation
Questions and Answers for Form DS-160, the Nonimmigrant Visa Electronic Application
All U.S. consulates and embassies will soon require nonimmigrant visa applicants to use Form DS-160, the Department of State’s fully electronic nonimmigrant visa application, instead of Form DS-156, the paper-based application. Form DS-160 has been in use at selected U.S. diplomatic posts for some time, but the State Department announced late last year that all U.S. posts will require the online form by April 30, 2010 at the latest. Many posts have already adopted the form, and more will begin to require it as April 30 approaches.
Successful Adoption of an Indian Orphan Under the Hague Convention on Intercounty Adoption.
We were retained to assist a single US Citizen woman to adopt a child from India. Due to India’s rigid regulations pertaining to who is eligible to become an adoptive parent of an Indian orphan, our client was initially worried this dream would never come to fruition. She had received very discouraging advice from several sources. Nevertheless, within about one year’s time after we started working, the process is completed. Both immigration related petitions (I-800/I-800a) were approved within a few weeks after submission.
Green Card
USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status
U.S. Citizenship and Immigration Services (USCIS) announced that it would allow H-2A workers in the sheepherding industry more time to fully transition to the three-year limitation of stay requirements under the agency’s final rule that became effective on Jan. 17, 2009. USCIS is making the one-time accommodation in deference to the industry’s prior exemption from the 3-year limitation. This exemption does not impact other H-2A categories.
ETA's Prevailing Wage Determination Policy Guidance
The publication of the H2B regulation in December 2008 and the corresponding changes to PERM, H1B, H1B1, H1C and E3 regulations governing temporary professional, nonagricultural or registered nursing programs changed the roles of the SWAs and NPCs in the prevailing wage determination process and necessitated the issuance of policy and procedural guidance to be used by the National Prevailing Wage and Helpdesk Center (NPWHC).
Guestbook Entry for Tribendu Datta, United States
Name
Tribendu Datta
Country
United States
State
Nevada
I-140 revocation based upon fraud reversed
We were recently retained at the I-140 Appeal stage for an I-140 denied on grounds of fraud/willful misrepresentation. USCIS denied the I-140 citing inconsistencies between the ETA 9089 job requirements, the advertisements, and a subsequent letter sent by petitioner with an RFE pertaining to the job requirements. Due to what USCIS termed as "material inconsistencies," the I-140 was denied on the grounds that the labor certification submitted was gained through fraud or willful misrepresentation of a material fact.
Green Card
Adoption Notice Re: Guatemala
Casa Quivira Cases: DOS issued an alert on December 28, 2009 informing that the Office of the Solicitor General's (PGN's) appeal of the 2009 decision determining the adoptability of the children taken into custody from Casa Quivira was upheld by the appeals court. Note, these children include those who are already residing in the U.S.
Entering USA, what to expect?
What kind of problems can employment-based nonimmigrants (H-1, L-1, E-1, E-2, E-3, TN) face during reentry?
I think this question is most relevant for H-1 holders, but other employment-based nonimmigrants may also note the general principles here.
Importance of having continuity of employment/pay stubs
Here is a question from our clients-only extranet.
Whats the relevance or importance of having continuous pay stubs (How much gap is permissible if Not significant?) in the processing of Green card of an H1B holder.
H-1B Employer Employee Memo of 8 January - Practice Hints
I am reproducing material from our employers-only (by invitation only) conference call for tomorrow. These matters need to be in place for H-1 new applications, transfers as well as extensions.
Link to my 2009 articles on immigration law compliance and end-client letter issues
I have received e-mails from folks about my 2009 articles on immigration law compliance and end-client letter issues in H-1B cases published by American Law Institute - American Bar Association. Here is the link:
http://www.immigration.com/articles-rajiv-s-khanna