Bloomberg: GOP Can’t Ignore Hispanics, Immigration Reform « CBS New York
The Senate last year passed a comprehensive, bipartisan bill that
addressed border security, provided enforcement measures and offered a
path to citizenship for the estimated 11 million immigrants living in
the United States illegally. The measure stalled in the GOP-led House,
where Republican leaders have insisted that they will take a piecemeal
approach.
Sunday, January 26, 2014
Thursday, January 23, 2014
STUDENT VISA'S FROM CONSULATE (F-1 Visa)
Student Acceptance at a SEVP Approved School
Before you can apply at a U.S. Embassy or Consulate for an F or M student visa, you must first apply to and be accepted by a SEVP approved school. Visit the Department of State EducationUSA website to learn about educational opportunities for undergraduate and graduate study, opportunities for scholars, admissions, and more.
When you are accepted by the U.S. school you plan to attend, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). You must pay the SEVIS I-901 Fee. The U.S. school will provide you with a Form I-20 to present to the consular officer when you attend your visa interview. If your spouse and/or children intend to reside with you in the United States while you study, they must obtain individual Form I-20s, but they do not pay the SEVIS fee. Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.
Tuesday, January 21, 2014
Monday, January 20, 2014
TRAINING OF CONSULAR OFFICERS
Q: I went into the US Embassy to apply for a visa. The officer was very rude and did not look at the documents I took time to prepare for the interview. I was denied and I do not understand what reasoning he used to make the decision since he made it so quickly. Can you explain why it is like this?
A: Consular officers are highly skilled and highly motivated professionals who have been entrusted with the great responsibility of ensuring that the border security of the United States is enforced. In order to meet the high demand for nonimmigrant visas in Jamaica, consular officers process several hundred applicants a day in as courteous and efficient a manner as possible. This process can be stressful for both officers and applicants alike.
Applicants, especially those to whom nonimmigrant visas are not issued, may sometimes feel that they were treated unfairly. The US State Department greatly values customer service and trains its consular officers to uphold the highest level of service for each applicant. Applicants can and should expect to be treated courteously no matter the outcome of the visa interview. Likewise, consular officers wish to be treated respectfully, no matter the outcome of the visa interview.
The consular adjudication process is rooted in US immigration law, and is not a capricious decision. The US State Department invests a considerable amount of its resources into the training of its consular officers. Every consular officer receives mandatory seven-week training in the application of US immigration law.
The training consists of consular courses taught by senior consular officers, group projects and case studies, and observation sessions at airports to learn how visa holders are processed at the port of US entry. Weekly examinations measure the consular officers' progress and document their mastery of US immigration law. Once the consular trainees have completed their exams, they graduate and are officially commissioned by the US president with approval of the US Congress, to represent the United States as consular officers.
Once consular officers are at post, they are immediately given valuable and extensive additional on-the-job training, and are mentored by more senior consular officers. All consular officers receive ongoing training in consular law application and interpretation throughout their careers.
At US Embassy Kingston, officers continuously strive to learn more about the Jamaican people and their culture. This knowledge helps officers to understand visa applicants better and appreciate their individual circumstances. With the training received, consular officers develop skills for listening and obtaining important information from visa applicants in a very short amount of time. Much information can be found on visa application forms and obtained during the interview so that it is frequently not necessary for consular officers to review documents. Applicants can be assured of a speedy, thorough, efficient and fair interview process.
Friday, January 17, 2014
Judge orders release of documents tied to dreamers case - East Valley Tribune: Capitol Media Services
Judge orders release of documents tied to dreamers case - East Valley Tribune: Capitol Media Services: Rejecting claims of privilege, a federal judge on Wednesday ordered Gov. Jan Brewer to turn over internal documents and memos leading up to he…
Rejecting claims of privilege, a federal judge on Wednesday ordered Gov. Jan Brewer to turn over internal documents and memos leading up to her decision to deny driver's licenses to “dreamers.” Judge David Campbell ruled that the documents are “highly relevant” to the claim by civil rights groups that there were discriminatory motives behind her 2012 executive order.
Rejecting claims of privilege, a federal judge on Wednesday ordered Gov. Jan Brewer to turn over internal documents and memos leading up to her decision to deny driver's licenses to “dreamers.” Judge David Campbell ruled that the documents are “highly relevant” to the claim by civil rights groups that there were discriminatory motives behind her 2012 executive order.
Thursday, January 16, 2014
Comprehensive Immigration Reform Gets Strong Think-Tank Support: | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Comprehensive Immigration Reform Gets Strong Think-Tank Support: | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Comprehensive Immigration Reform issues seem to be back on the front burner, at least for now. While a potential House approach on legalization would allow fewer unauthorized immigrants to gain lawful permanent residence than Senate bill S. 744, it could form the basis for an agreement on immigration reform, according to a new analysis by the National Foundation for American Policy (NFAP), an Arlington, Va.-based policy research group.
Comprehensive Immigration Reform issues seem to be back on the front burner, at least for now. While a potential House approach on legalization would allow fewer unauthorized immigrants to gain lawful permanent residence than Senate bill S. 744, it could form the basis for an agreement on immigration reform, according to a new analysis by the National Foundation for American Policy (NFAP), an Arlington, Va.-based policy research group.
Comprehensive Immigration Reform Gets Strong Think-Tank Support: | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Comprehensive Immigration Reform issues seem to be back on the front burner, at least for now. While a potential House approach on legalization would allow fewer unauthorized immigrants to gain lawful permanent residence than Senate bill S. 744, it could form the basis for an agreement on immigration reform, according to a new analysis by the National Foundation for American Policy (NFAP), an Arlington, Va.-based policy research group.
The report, "A Path to an Agreement?: Analyzing House and Senate Plans for Legalizing the Unauthorized Immigrant Population," is available at www.nfap.com.
A potential House approach is likely to result in green cards going primarily to those unauthorized immigrants with the strongest connection to the United States and least likely to leave voluntarily - unauthorized immigrants who came here as children and adults with U.S.-born children or U.S. citizen spouses, the study finds.
"Legalization of the unauthorized immigrant population can be a key element in a political compromise to fix major flaws in America's immigration system," said the report's author. "Without legalization, it is unlikely the United States will see any major changes in immigration law on low skill or high skill visas and green cards, or enforcement measures sought by many members of Congress."
Friday, January 10, 2014
USCIS Form N-648 for Naturalization Candidates Seeking Medical Disability Exceptions. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
USCIS Form N-648 for Naturalization Candidates Seeking Medical Disability Exceptions. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Several years ago, the U.S. Citizenship and Immigration Services (USCIS) announced the release of revised Form N-648, Medical Certification for Disability Exceptions, for those seeking an exception from the English and civics requirements for naturalization because of disabilities. Immigration law requires that individuals applying for Naturalization/Citizenship must exhibit proficiency of U.S. civics and the English language. Individuals, who have disabilities or impairments, may seek exceptions from either or both of these requirements. Applicants, who ask for such an exception, must file Form N-648.
Several years ago, the U.S. Citizenship and Immigration Services (USCIS) announced the release of revised Form N-648, Medical Certification for Disability Exceptions, for those seeking an exception from the English and civics requirements for naturalization because of disabilities. Immigration law requires that individuals applying for Naturalization/Citizenship must exhibit proficiency of U.S. civics and the English language. Individuals, who have disabilities or impairments, may seek exceptions from either or both of these requirements. Applicants, who ask for such an exception, must file Form N-648.
Thursday, January 9, 2014
Chamber of Commerce 'determined' in push for immigration reform in 2014 - Washington Times
Chamber of Commerce 'determined' in push for immigration reform in 2014 - Washington Times
The president of the U.S. Chamber of Commerce said Wednesday the group will use all of its influence to persuade Congress to pass immigration reform this year.
“We’re determined to make 2014 the year that immigration reform is finally enacted,” Chamber CEO Thomas J. Donohue said in his annual speech on the state of American business.
Mr. Donohue said the powerful business lobby will work with churches, community organizations, law enforcement groups and others to make sure the Republican-led House approves immigration reform. The Chamber has been advocating for the legislation as a boost for the economy.
The president of the U.S. Chamber of Commerce said Wednesday the group will use all of its influence to persuade Congress to pass immigration reform this year.
“We’re determined to make 2014 the year that immigration reform is finally enacted,” Chamber CEO Thomas J. Donohue said in his annual speech on the state of American business.
Mr. Donohue said the powerful business lobby will work with churches, community organizations, law enforcement groups and others to make sure the Republican-led House approves immigration reform. The Chamber has been advocating for the legislation as a boost for the economy.
There are Many Benefits To Becoming Green Card Holder in the U.S. and then to Become a U.S. Citizen. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
There are Many Benefits To Becoming Green Card Holder in the U.S. and then to Become a U.S. Citizen. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Various rights are granted to the people who become permanent residents of the United States. Many rights that are similar to those granted to US citizens are granted to the Green Card holders. Foreign nationals who are liable to such rights will be protected by all the American laws. As far as they do no not commit crimes that might result in deportation, they may reside in any American state. Moreover, they will be given the right to work for any US employer, except the employers who hire only US citizens.
Various rights are granted to the people who become permanent residents of the United States. Many rights that are similar to those granted to US citizens are granted to the Green Card holders. Foreign nationals who are liable to such rights will be protected by all the American laws. As far as they do no not commit crimes that might result in deportation, they may reside in any American state. Moreover, they will be given the right to work for any US employer, except the employers who hire only US citizens.
Immigrant Victims Left Waiting After U.S. Reaches U Visa Cap | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Immigrant Victims Left Waiting After U.S. Reaches U Visa Cap | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
The federal government has already reached its limit on the number of U visas-a special category for crime victims-available for the 2014 fiscal year. After only two months, U.S. Citizenship and Immigration Services (USCIS) officials have already filled the 10,000 visas available this year. Every year since the visa program began in 2008, USCIS has hit the maximum number of visas available, but this year is the fastest the limit has been reached. Reaching the visa cap so soon after the year started is a sign that lawmakers need to increase the number of visas available to help the victims.
The federal government has already reached its limit on the number of U visas-a special category for crime victims-available for the 2014 fiscal year. After only two months, U.S. Citizenship and Immigration Services (USCIS) officials have already filled the 10,000 visas available this year. Every year since the visa program began in 2008, USCIS has hit the maximum number of visas available, but this year is the fastest the limit has been reached. Reaching the visa cap so soon after the year started is a sign that lawmakers need to increase the number of visas available to help the victims.
Is my marriage a "valid marriage" for U.S. immigration purposes? By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. from the Nachman Phulwani Zimovcak (NPZ), P.C. Law Group (NY, NJ, Canada, India) | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
Is my marriage a "valid marriage" for U.S. immigration purposes? By: Michael Phulwani, Esq., David Nachman, Esq. and Rabindra Singh, Esq. from the Nachman Phulwani Zimovcak (NPZ), P.C. Law Group (NY, NJ, Canada, India) | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.
The validity of a marriage under the U.S. immigration laws frequently determines whether a foreign national may be able to obtain a family-based immigrant or nonimmigrant visa, legalize unlawful status, or file waiver of inadmissibility or deportability. The Immigration and Nationality Act (INA), the basic body of U.S. immigration laws, does not define the term "marriage". Although INA defines the term "spouse", it limits the definition to what may be excluded as unconsummated proxy marriage. Through the definition of the term "spouse" it can be inferred that a marriage, in order to be valid for immigration purposes, must be celebrated in the presence of both parties unless consummated. Although the INA does not specifically define the terms "marriage" and "spouse," it does now lays down the threshold requirement for the validity of marriage -- marriage be valid where celebrated.
PRESS RELEASE FROM NPZ LAW GROUP, P.C. - Immigration and Nationality Lawyers - New Proposed Legislation Twists the Facts on Immigrants and Taxes. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
PRESS RELEASE FROM NPZ LAW GROUP, P.C. - Immigration and Nationality Lawyers - New Proposed Legislation Twists the Facts on Immigrants and Taxes. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
One recurring target has been the Additional Child Tax Credit for immigrant taxpayers. An amendment proposed by Senator Kelly Ayotte (R-NH) proposes to "pay for a three-month extension of unemployment benefits by stopping a scheme that currently allow {sic} illegal immigrants to claim the Additional Child Tax Credit."
One recurring target has been the Additional Child Tax Credit for immigrant taxpayers. An amendment proposed by Senator Kelly Ayotte (R-NH) proposes to "pay for a three-month extension of unemployment benefits by stopping a scheme that currently allow {sic} illegal immigrants to claim the Additional Child Tax Credit."
Wednesday, January 8, 2014
H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON IS KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
H-1B SEASON IS UPON US . . . WILL THIS YEAR'S ECONOMY BRING A LOTTERY? PLANNING FOR THE H-1B VISA SEASON IS KEY TO BEING ABLE TO CONTINUE YOUR WORK AUTHORIZED STATUS IN THE U.S. | Bergen County Employment Immigration Lawyers | Ridgewood Citizenship Law Firm
H-1B season is upon us. Prepare to file the H-1B visas by April 1st to increase your chances of obtaining a work permit. Remember that there are only 65,000 H-1B visas available for those with a Bachelor's Degree (or its U.S. equivalent) and 20,000 for those with a U.S. Master's Degree. Remember that the H-1B is not just for researchers, scientists, engineers and doctors. It is for anyone serving in a professional and specialty occupation in the U.S. The H-1B gives 6 years of professional work authorization.
H-1B season is upon us. Prepare to file the H-1B visas by April 1st to increase your chances of obtaining a work permit. Remember that there are only 65,000 H-1B visas available for those with a Bachelor's Degree (or its U.S. equivalent) and 20,000 for those with a U.S. Master's Degree. Remember that the H-1B is not just for researchers, scientists, engineers and doctors. It is for anyone serving in a professional and specialty occupation in the U.S. The H-1B gives 6 years of professional work authorization.
Tuesday, January 7, 2014
Monday, January 6, 2014
H-1B visa
H-1B Fiscal Year (FY) 2014 Cap Season
The H-1B Program
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, including but not limited to: scientists, engineers, or computer programmers. The (FY) 2014 Cap season began on April 1, 2013.For more information about the H-1B program, see the link to the left under temporary workers for H-1B Specialty Occupations and Fashion Models.
FY 2014 H-1B Cap
U.S. Citizenship and Immigration Services (USCIS) reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period, which ended on April 5, 2013. USCIS also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.
The agency conducted the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected were part of the random selection process for the 65,000 limit.
Cap Amounts
The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.
How USCIS Determines if an H-1B Petition is Subject to the FY 2014 Cap
We used the information provided in Part C of the H-1B Data Collection and Filing Fee Exemption Supplement (Form I-129, pages 17 through 19) to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the "cap"). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master's degree or higher. Unless otherwise exempt from the cap, petitions filed on behalf of beneficiaries who have obtained a U.S. master's degree or higher not selected under the advanced degree exemption limit were part of the random selection process for the regular cap of 65,000..
How to Determine if your H-1B Petition is Subject to the FY 2014 Cap
Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Mariana Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in fiscal year (FY) 2013 and FY 2014.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count toward the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process FY 2013 and FY 2014 petitions filed to:
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count toward the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process FY 2013 and FY 2014 petitions filed to:
- Extend the amount of time a current H-1B worker may remain in the United States.
- Change the terms of employment for current H-1B workers.
- Allow current H-1B workers to change employers.
- Allow current H-1B workers to work concurrently in a second H-1B position.
When to File an FY 2014 H-1B Cap-Subject Petition
We began accepting H-1B petitions that are subject to the FY 2014 cap on April 1, 2013. As noted above, USCIS has already received sufficient petitions to meet the FY 2014 cap. USCIS will reject cap subject H-1B petitions filed after April 5, 2013.
Ensuring Your H-1B Petition is Properly Filed
Please comply with the following instructions to ensure that your petition is properly filed:
- Complete all sections of the Form I-129, Petition for a Nonimmigrant Worker, including the H Classification Supplement to Form I-129 (pages 11 and 12 of Form I-129) and the H-1B Data Collection and Filing Fee Exemption Supplement (pages 17 through 19). We accept Form I-129 with a revision date of Nov. 23, 2010, or later.
- Sign the form preferably in black ink.
- Include a signed check(s) or money order(s) with the correct fee amount(s).
- Ensure that all required documentation and evidence is submitted with the petition at the time of filing for timely processing.
Note: It is your responsibility to ensure that Form I-129 is completed accurately. Failure to complete Form I-129 with the correct information and provide the required fees or documentation may result in the rejection or denial of the H-1B petition.
Additionally, be sure to file the petition at the correct USCIS Service Center. See section below on "Where to Mail Your H-1B Petition."
Additional Documents Required With Your Petition
Labor Condition Application (LCA)
You must submit a certified Department of Labor (DOL) LCA (Form ETA 9035) at the time of filing your petition. A copy of the LCA is acceptable.
Note: USCIS encourages petitioners to keep DOL LCA processing times in mind when preparing the H-1B petition and plan accordingly. If the LCA certified by DOL is for multiple positions, you must provide the name and USCIS case receipt number of any alien who has previously utilized the LCA.
Petitioners should be sure to sign the LCA before submitting it with the petition to USCIS.
Please see Department of Labor's Office of Foreign Labor Certification website for more information on the LCA process.
Evidence of Beneficiary's Educational Background
You must submit evidence of the beneficiary's education credentials at the time of filing. If all of the requirements for the degree have been met, but the degree has not yet been awarded, the following alternate evidence may be submitted:
- A copy of the beneficiary's final transcript.
- A letter from the Registrar confirming that all of the degree requirements have been met (if the educational institution does not have a Registrar, such letter must be signed by the person in charge of the educational records where the degree will be awarded).
If you are indicating that the beneficiary is qualified based on a combination of education and experience, please provide substantiating evidence at time of filing.
Thursday, January 2, 2014
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