Visa Services Update
Visa Services Operating Status Update from DOS
Last Updated: April 6, 2021
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FDNS (Fraud Detection and National Security) H-1B Investigations
FDNS H1B Assessment Overview and History:
Nonimmigrant Visas
Agency
Immigration Law
EB-2 Advanced Degrees & Experience
EB-2 Professionals with Advanced Degrees or Persons with Exceptional Ability
The following persons fall under this category:
Green Card
H1B laid off while labor is pending
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I might get laid off. My labor is pending and I will apply for B1/B2. In the mean time if my employer recruits me back again, will I be able to continue with my PERM and rest of the green card process? Do I have to start from the beginning?
There is no easy answer. It could be argued that the employer laid you off so the permanent job, which is the basis of the green card is gone. Hence, the process is fatally interrupted. Generally speaking, I think you should be able to continue.
Extension for Visitor Visa Denied Please Help
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I applied extension for my mother, reason being she had a fracture 6 weeks before and was advised bed rest for 4 weeks. So I applied for extension and received I-797C in the mail (paid $300). Since I had requested 3 months ext, I rescheduled her departure date (luckily I bought 1 yr ticket, thx to my agent) and she left before 3 mos. I did not receive anything in the mail till then.Now, 3 days ago I got a letter from USCIS VT stating it is denied/abandoned as they did not receive any evidence supporting the app, file I-290B before Aug 23rd which has filing fee of $585!!! ouch. What can I do?
Not much you can do at this point. Keep copies of all documents so you can show that the overstay was entirely inadvertent. You may also want to get a new visa stamp. If the consulate says a new stamp is not necessary, explain how she fell out of status. You can send this info to the consulate by email and see what they say.
Two Year Re Entry Permit For Green Card Holders
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Can an LPR(GREEN CARD HOLDER) apply for a two year re-entry permit from any state in the U S A?. What will be the time taken for biometric application. Will it vary from state to state?
You can apply from anywhere (the forms are processed centrally) and the times should be the same. It takes a few weeks for the biometric unless you can demonstrate some emergent reason.
Changing jobs multiple times after I-485 pending
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I have a question regarding changing jobs multiple times after I-485 pending >180 days. Last year I quit from the company that submitted my 140 petition and joined another company. After that move I received RFE from USCIS then submitted AC21. I attended an interview this March and passed; I received a letter afterwards saying my case as "waiting for visa quota". In April I was laid off by the new employer but found another job with similar duties in June. I haven't notified USCIS about this for about 2 months now. Do I need to do that? Please help!
I see no restriction in law preventing multiple job changes. In most cases, I like to inform USCIS, but speak with your lawyers.
Visitors I-94 extension on expired visa?
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My mother entered US with a valid visa in June 5 and got 3 months stay (until Sep 5) as per I-94. Her visa has expired 2 months (Aug 5) after she entered in the US and now we're planning to file for I-94 extension but we're not sure if the visa should be valid (not-expired) for I-94 extension. Can someone please advice?
Once she is in USA, her stay is governed by the I-94, not the visa. There are other issues with extension (such as future problems in entering, etc.), but visa is not an issue.
I-140 may get revoked. What happens to priority date?
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This is regarding my husband. My Husband's GC is filed through Employer A. His LC & 140 got approved. We did not file 485. He recently got a good job opportunity and transfered his visa to Employer B. We have priority date of Nov 2007 in EB2. But Employer A may revoke the 140 as my husband is no longer an employee of company A. We do have the copy of approved 140 with us. Employer B is wiling to start his GC process this year. Can we port the old 140's priority date even though the original 140 is revoked? Will it be lost if approved 140 is revoked?
The old employer can withdraw I-140, but the applicant will still be able to retain the Priority Date. Please review the latest information on this topic: Priority Date Can Be Carried Forward Even if Old I-140 is Revoked (Unless Fraud or Misrepresentation) –July 7, 2012
H-1B Benefit Fraud & Compliance Assessment
The Office of Fraud Detection and National Security (FDNS), a Division of the National Security and Records Verification (NSRV) Directorate, drafted this report, in collaboration with the other USCIS Directorates and the USCIS Office of Chief Counsel. All USCIS components reviewed the cases involving fraud or technical violations and the proposed enhancements to the H-1B program and concurred on the report.
For more information on this report please check the attachment.
Nonimmigrant Visas
Immigration Law
H-1B Program and Information Sharing with Homeland Security
This report from GAO describes: (1) how Labor carries out its H-1B program responsibilities; and (2) how Labor works with other agencies involved in the H-1B program.
Nonimmigrant Visas
Agency
Immigration Law
Review of the USCIS Benefit Fraud Referral Process
The Department of Homeland Security (DHS) Office of Inspector General was established by the Homeland Security Act of 2002 (Public Law 107-296) by amendment to the Inspector General Act of 1978.
This report addresses the Fraud Detection and National Security program of United States Citizenship and Immigration Services. The program endeavors to detect and deter immigration benefit fraud. This report is based on interviews with employees and officials of relevant agencies and institutions, direct observations, and a review of applicable documents.
Nonimmigrant Visas
Agency
Immigration Law
CIS Fraud Sheet
This document was released by USCIS by mistake in March 2009 and contains the criteria USCIS uses to refer cases for fraud investigations.
Nonimmigrant Visas
Immigration Law
How does one assist family in applying for B-2 (Visitors/Tourist) visa
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Q1. How to Assist Family Members in Applying for B-2 (Visitors/Tourist) Visa?
Q2. In filling out Form I-134 form (Affidavit of Support), If you look at the question No.1. It says are your Citizen...., or permanent resident of US. It has no column says are you H1B etc. What should I do here. Should I leave this column or do something else please guide me.
A1. There are no fixed procedures for applying for a tourist visa. Generally, the applicant just goes to the U.S. consulate closest to their home and applies. Often a friend or a family member (who is in the U.S.) of the applicant may be required by the consulate to provide Form I-134, Affidavit of Support.
EB-3 Bachelor's Degree, Skilled, Unskilled Workers
EB-3 Overview
EB-3 Classification is appropriate for:
Professionals with a baccalaureate degree (or foreign equivalent degree but not necessarily any experience);
Skilled Workers with at minimum two years of experience (there is no degree requirement); and
Unskilled Workers who have less than two years of training or experience.
Green Card
Sponsoring Niece and Nephew
Question details
I am a US citizen. Can I sponsor my niece who is 8 years old and nephew who is 4?
It depends upon how we define the term "sponsor." If you mean can you apply for their green cards, the answer is no. If you mean can you provide an affidavit of support for them to visit or study in USA, the answer is yes.
Business on E2 has closed. Need help
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My husband and I came over on E2, he was partners as a mortgage broker, due to economy the business did not make a good profit and attorneys have said that we will not get E2's renewed. So rather than keep throwing money away the business has closed its doors. We have approx $600k invested in the US in property. This is owned outright. I have been to college an got a diploma, with a 98.6GPA. Apparently this is of no consequence when it comes to staying in the US. Any advice of what else we can do. We need to act quickly. We are looking at losing over $200k to move back to UK. Due to economy.
You can apply for B visa to stay for a few more months. You cannot do business on that visa, but at least you will be able to sell when the time is better. Details are on my blog.
USCIS Revises Form I-601, Application for Waiver
USCIS has revised Form I-601, Application for Waiver of Grounds of Inadmissibility (Revision Date 04/06/09 N, OMB Expiration Date 04/30/11) to make it easier for applicants to complete. Applicants may now select from a list of grounds of inadmissibility on the form itself and mark all which apply to them in order to request a waiver. In addition to the list, the form includes a section where applicants can describe, in their own words, why they believe they are inadmissible.
Applying for B2 visa after voluntary departure from USA
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I was voluntary deported from USA for over staying my b2 visa for almost 3 years ! What do I need to do to apply for the b2 visa again ( i am going for a medical reason )
Chances of obtaining a B-2 visa are slim if you have overstayed that long earlier.
N-470 filing after an absence of one year
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I have a GC since Oct 04, I got transferred out of my US branch to India office in Feb 07 and took a reenetry permit. I entered US with GC + reentry permit in May 09 and came back to India in Jun 09.
Do I still have a chance to file N-470 now under "Necessary to protect prop rights of an American firm engaged in Foreign Trade", now that it's been it hasn't been one year, since I last left US under GC category?
If you are absent from US from one year post GC, does it disqualify you forever for applying N-470? What if I go stay in the US for 1 year?
From what I recall (read the instructions on the Form) you could file N-470 only if you stayed in USA for one year without any international travel. I see no reason why you cannot do so now.
Can Europeans apply for B2 tourist visa?
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I have been away from my fiance for a year now. I was planning to either apply for a B2 and after it for a F1. Since my Spanish passport applies into the VWP, can I still apply for a B2? If so, should I mention the real reason why I want the visa?I just want to spend time with him, as we still have 4 yrs ahead till he can apply for citizenship.
Yes, you can. Even if you are covered by Visa Waiver, you do have the option to apply for a B-2 visa. In my view, you must state the reason truthfully. As to what your chances are is impossible to predict.
Marriage during F1 status
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1. My son has LPR status and wishes to marry a girl who is on student visa valid for next 3 years. Is she required to maintain her F1 status after her petition is filed after marriage.? Can he apply for AOS after filing the petition? Appreciate your guidance.
2.Can she stay as long as she has valid F1 visa and opt to follow? After this period she may try for H1
1. She cannot apply for her AOS unless the priority date is current (which takes several years). And she has no legal status just because an I-130 was filed or approved. An additional problem is when an F-1 marries a green card holder, govt. can take that to be a violation of their non-immigrant intent, if that becomes an issue. That problem should not exist as and when she takes on an H-1.
Visa B2 - affidavit of support
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I came to America 4 months ago. Am I eligible to send a visitor visa for my sister and her family? What should I do? Do I need a good financial credit?
Technically only US citizens or permanent residents can provide affidavit of support. You can read the instructions on Form I-134.