Visa Bulletin - December 2011
Number 39
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Number 39
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
We filed a petition premium processing for the beneficiary who qualified based on his original contributions, publication record, featured research work in the media and service as a judge of the works of his research peers. USCIS seems to have accepted the veracity of our claim for outstanding ability without a question. We were issued a request for evidence asking only for proof of the petitioner’s ability to pay. We supplied the most recent financial report of the petitioner, a letter from the CFO as well as copies of the beneficiaries W2 and most recent pay stubs.
We filed a petition premium processing for the beneficiary who qualified based on her extraordinary engineering contributions. Her substantial and highly scientific contributions paved the way for commercial manufacturing of flexible displays by major, well-known display manufacturing companies. The beneficiary’s commercialized research was featured on Amazon.com. She had over eight years of research experience in the nanotechnology field resulting in multiple patents.
We were retained by a client who was in USA on B-2 status and wished to apply for green card through EB-5 investor/entrepreneur category. We obtained a B-2 extension and simultaneously filed the EB-5 petition. Client was in the process of investing $1 Million in an existing business. $500,000.00 of the investment was in the form of cash (some portion of which was gift money) and for the remaining $500,000.00, a promissory note was executed and secured by foreign personal assets of client.
USCIS draft Policy Memo On EB-5 Adjudications addressing certain foundational issues in the EB-5 program. This draft memo is a work in progress and is not operative until it is published and in final form.
Please check the attachment.
U.S. Citizenship and Immigration Services (USCIS) reminds eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) to file for Temporary Protected Status (TPS). TPS was originally designated for Haiti in January 2010 in response to a catastrophic earthquake that devastated the country.
[Federal Register Volume 76, Number 219 (Monday, November 14, 2011)]
[Notices]
[Pages 70463-70464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29316]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Exercise of Authority Under the Immigration and Nationality Act
El Paso, Texas – On November 10, U.S. Customs and Border Protection announced a series of upgrades at the El Paso port of entry designed to enhance overall security and speed the entry process. All the upgrades build upon the Western Hemisphere Travel Initiative “Improving to Keep You Moving” theme. |
Office of the Spokesperson Washington, DC
November 14, 2011
During International Education Week, the U.S. Department of State highlights existing efforts to attract future leaders from abroad to take advantage of the exceptional educational opportunities in the United States. We also recognize that foreign students bring with them tremendous intellectual, social, and economic benefits. As part of these efforts, the Department’s Bureau of Consular Affairs gives student visa appointments special priority.
The Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties.
As part of our Curricular Practical Training (CPT), I completed my summer internship with a company on 2nd of the September. So the formal procedure for extending the work is to apply again for the new CPT but somehow my second CPT delayed and got approved on 28th of September. Between 3rd and 28th for around three weeks, company asked me to work and I did. At the time I was not aware of the consequences but now I am in a great trouble. What do I do?
You have two choices that I can see: apply for reinstatement or go outside USA and reapply for a visa.
I am a US citizen - my partner is a citizen of the UK (we are not married). He is a consultant in the international development field so travels frequently, but often visits me in the US when he is not working. He has been to the US for visits of 2-3 weeks duration about 6 times in the last year. The past few times, immigration has hassled him about the number of visits he is making. We are concerned that one of these times he may be refused entry - is this likely?
He can be denied entry. UK citizens have the same options to work in USA as the rest of the world; typically H-1, L-1, E-1 and E-2 visas.
I’m applying L2 for my wife. She is working in India and she is coming here on vacation. Do I need to mention her working details while filling L2? Or shall I mention saying that she is not working?
Tell the truth. I see no reason why you need to worry. An L-2 is permission, not an obligation. She can come and leave as she pleases.
[Federal Register Volume 76, Number 220 (Tuesday, November 15, 2011)]
[Rules and Regulations]
[Pages 70638-70639]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-29452]
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DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
6 CFR Part 5
[Docket No. DHS-2011-0109]
I have engaged Rajiv's office for over 10 years now for many different reasons. I've also been recommending Rajiv's law offices to my aquaintences & friends for over 10 years now. I have very close examples of people who lost 3-5 years going to some other lawyer & later, at my advise, going through Rajiv's office, who somehow 'fixed everythin' ???? Rajiv once told me ... ' why do you want to engage my office? this is so simple, you can do it yourself and save some money..." if you expect more from a lawyer... you are crazy!!!!! For Rajiv, its not about the money... he REALLY wants to 'do the right thing'. Rajiv provided me guidance for a new case - at no cost just because I was a old client - & literally advised me I could save money by doing the work myself - it was very simple. I was infact, ready to pay him or some other lawyer 100s of $s because this was a inquiry near & dear to me. There is no better example of honesty & forthrighness ( i've dealt with many lawyers in my lifetime & if you have a better example, I'd certainly like to hear it) . I'd ( & have already ) recommend Rajiv for his unparalleled knowledge & honesty in a instant & have also, personally, gone back to him time and again - H1B , family visas, family GC, company visas etc etc etc - again & again......its a no-brainer for me... & yeah.. I'd put my money where my mouth is.... --DJ
I am in USA on L2 visa and I intend to start interviewing/ working immediately. For the EAD application, do I have to apply it before I interview or does the employer apply on my behalf once they make an offer? What are the processing times for EAD? I still haven't got my SSN but have scheduled the appointment for SSN. Should I apply for EAD after the SSN is approved or soon after SSN application?
You should apply (not the employer) for the EAD ASAP. Processing times are on USCIS web site.
I got I-140 cleared through current company and labor approved from previous company. Can I process I-140 through previous company (to get PD to 2008)?
Yes, but only if the labor cert is still not time barred (within 180 days of its approval); the employer still has the intention to hire you some time before or after the approval of your green card; and you have the good faith intention of joining them.
U.S. Citizenship and Immigration Services (USCIS) reminds eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who have not filed their Temporary Protected Status (TPS) applications, to follow guidance about late filing.
Fact Sheet
Office of the Spokesperson,
Washington, DC
November 19, 2011
Media Note Office of the Spokesperson
Washington, DC
November 18, 2011
The Department of State is pleased to announce the release of the 2011 Annual Adoption Report to Congress, which coincides with National Adoption Month. This year, we welcomed Kazakhstan and Ireland as new parties to the Hague Adoption Convention. The Convention provides the best framework for ethical, transparent intercountry adoptions and ensures that adoptions are conducted in the best interest of children.
The report describes the nature of the refugee situation, admission numbers, plans for resettlement, demographics, other countries' policies, impact on U.S. foreign policy, and more.
To read Report On "Proposed Refugee Admissions FY2012," please check the attachment below.
Certain exchange visitors (J-1) are subject to a two-year home-country physical presence requirement which requires you to return to your home country for at least two years at the end of your exchange visitor program. This is also known as the foreign residence requirement under U.S. law, Immigration and Nationality Act, section 212(e).
I was on L-2 visa till present. I got my EAD few months back, which expires in April 2013. But I had to Adjust my Status to H-4 as my spouse's visa got changed to H-1.Can I work with my EAD as it has got validity till 2013? Is there any other way that I can work in this country?
H-4 holders can not use the EAD they received while on L-2. If you can, change to H-1.
The Office of Foreign Labor Certification is providing this update to the public on issuing prevailing wage determinations.
PERM: Became current the week of October 23, 2011
H-1B: Became current the week of November 6, 2011
H-2B: Anticipated becoming current the week of November 27, 2011
I am glad that I got connected with Mr. Rajiv Khanna. He was quick in responding, detailed and thorough.