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. 

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."

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. 

Consular Information Units

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:

• 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.

H-1B visa

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