As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers.
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WASHINGTON—Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.
WASHINGTON— Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Nicaragua for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.
Foreign visitors arriving in the U.S.—only via air or sea—who need to prove their legal-visitor status—to employers, schools/universities or government agencies—will be able to access their U.S. Customs and Border Protection arrival/departure record information online when the agency starts its records automation on April 30, 2013.
As announced by USCIS on April 2, 2013, USCIS has temporarily suspended adjudication of certain Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).
What This Means for H-2B Employers
On Monday, May 6, 2013, U.S. Citizenship and Immigration Services (USCIS) will implement Customer Identity Verification (CIV) in its field offices. Individuals will now be required to submit biometric data, specifically fingerprints and photographs, when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. CIV will help to both defend against threats to national security and protect customers from identity fraud by enhancing the agency’s ability to verify identity.
Each month, the Visa Office subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments based on totals of documentarily qualified immigrant visa applicants reported at consular posts and CIS Offices, grouped by foreign state chargeability, preference category, and priority date. If there are sufficient numbers in a particular category to satisfy all reported documentarily qualified demand, the category is considered "Current." For example: If the monthly allocation target is 3,000 and there is only demand for 1,000 ap
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.
WASHINGTON—For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
Effective March 22, U.S. Citizenship and Immigration Services (USCIS) is temporarily suspending adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 in Comite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa).
Radio Show, April 25, 2013
http://www.immigration.com/media/april-25-radio-show-mera-sangeet
Question 1:
I am a US citizen and my mother who is in India has a ten year visitor visa that is expiring in April of next year. I would like to apply for a green card for her. What is the best way? Also she has PR Canada stamp on her passport that has expired. Will this be an issue? Can she travel?
Canadian immigration should not be an issue whether it is expired or current. Traveling within six months of the expiration of the tourist visa is no problem. A visa is merely the permission to show up at the airport. So even if you show up at the airport a day before the visa is expiring it is ok. At the airport the Customs and Border Protection (CBP) officers decide how long you can stay which is typically six months. So even if the visa expires the stay 1-94 should not expire. That is the important part. Entering is no problem. So first issue Canadian immigration is not an issue, visa expiring is also not an issue.
But the third point which is applying for green card is tricky. If somebody uses tourist visa to enter USA with the preconceived intention that I am going to convert to green card that can be considered to be fraud by the government. However if you enter USA and a few months later your intention changes and you want to apply for a green card that’s ok. There is a difference between preconceived intention and an intention that is formed after you enter USA.
In case if she decides to renew the visitor visa the same procedure is applied like the first time although there might be some relaxation in interview requirements. Best thing to do is to check on their website.
Question 2:
How will I know if my H-1B petition has been accepted in the quota?
You will get a receipt.
Question 3:
As my husbands H-1 expires we are moving back to India around August/September. I am exploring options to quit my job and I am also on H-1. I am looking for a smooth economical transition. I also have a tourist that is valid and can I take advantage of this.
Tourist visa will probably not help you. You have to step outside USA and get back in and it is entirely possible that CBP may not let you back in a tourist visa when you have been here so long on a H-1. As far as the economics are concerned you have to check what the Form I-539.
USCIS has resumed processing of all Form I-129 H-2B petitions for temporary non-agricultural workers. On March 22, 2013, USCIS temporarily suspended adjudication of most Form I-129, Petition for Nonimmigrant Worker, H-2B petitions while the government considered appropriate action in response to the Court order in Comite de Apoyo a los Trabajadores Agricolas et al
The period of time when an F-1 student’s status and work authorization expire through the start date of their approved H-1B employment period is known as the "Cap-Gap".
We filed an application seeking a waiver of the foreign residence requirement for our client based on exceptional hardship upon the client’s U.S. citizen child. We argued that the minor child would suffer extreme hardship if he were forced to leave the U.S. with his mother to fulfill the two-year home residency requirement because of a serious medical condition, for which treatment was not readily available in the applicant’s home country. We provided ample supporting documentation in this regard.
USCIS granted the waiver.
Champlain, N.Y. – U.S. Customs and Border Protection (CBP) announces a change in the summer operating hours for the Churubusco and Cannons Corners border crossing locations.
Effective May 1, the new hours of operation will be from 8:00 a.m. to midnight. These new hours will remain in effect until October 31, 2013. Please contact the Trout River Port of Entry at (518) 483-0821 or the Port of Champlain at (518) 298-8346 for additional information.
The Department of Labor is making available Frequently Asked Questions (FAQs) to assist filers with complying with the requirements of the joint Interim Final Rule. The FAQs address the applicability of the new prevailing wage methodology, employer wage obligations, requests for review and the processing of pending H-2B prevailing wage requests and H-2B applications for temporary labor certification.
To learn more, please read the FAQs.
The Department of Labor and the Department of Homeland Security are making available for public inspection a copy of the Interim Final Rule, Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program, Part 2, to be published in the Federal Register on April 24, 2013. This Interim Final Rule, developed jointly by the Departments of Labor and Homeland Security, revises the prevailing wage methodology used by the Department of Labor to calculate certain prevailing wages paid to H-2B workers and U.S.