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| Friday, January 18, 2008 |
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Five Important Reminders for Foreign Nationals Coming to the United States
By admin @ 11:41 AM :: 223 Views ::
0 Comments :: News, H1B Visas, Family Immigration, Other
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1. It's the I-94 that governs your stay in the U.S., not the Visa
When a foreign national enters the United States in nonimmigrant status, he/she will receive an I-94 Arrival/Departure Record at the port-of-entry. This I-94 card will state the class of admission (such as B, H, L, F etc) as well as the expiration date of the nonimmigrant status. It is the expiration date on the I-94 card that governs one's stay in the United States. If a foreign national remains in the United States past this date (without having a pending extension or change of status application at that time), he/she will be out-of-status (or illegal).
A U.S. visa, on the other hand, allows the foreign national to apply for entry to the U.S. in a certain classification (e.g. student (F), visitor (B), temporary worker (H)). A visa does not guarantee entry to the United States. The Department of State (DOS) is responsible for visa adjudication at U.S. Embassies and Consulates outside of the U.S. The Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP) immigration inspectors determine admission into, length of stay and conditions of stay in, the U.S. at a port of entry. The information on a nonimmigrant visa only relates to when an individual may apply for entry into the U.S. DHS immigration inspectors will record the terms of your admission on your Arrival/Departure Record (I-94 white or I-94W green) and in your passport.
In some cases, the admission period you receive on your I-94 will be different than the validity dates shown on your visa. This is particularly true for some categories of visas, such as E visa holders (who normally receive 5-year visas, but are admitted for only two years at a time) or for certain nationals (such as Chinese H-1B visa holders (who normally receive a 3-month visa validity, but may be authorized to remain in the U.S. for up to three years at a time). Problems may also arise where a foreign national travels on a valid, unexpired visa for a prior employer, but has since been approved for an extension of stay. For these reasons, it is very important that you check your I-94 as soon as you have been admitted to ensure that you have been admitted in the appropriate visa status for the appropriate period of time.
2. If you overstay your I-94 card for even one day, your visa is automatically cancelled
Under Section 221(g) of the Immigration and Nationality Act, a foreign national's nonimmigrant visa is automatically cancelled if the foreign national overstays the expiration date of his/her I-94 Arrival/Departure Record. (Some exceptions exist for those who have legitimate extension or change of status applications pending.) If the visa is cancelled, a foreign national cannot use it to reenter the United States and must apply for a new visa at a U.S. consulate abroad B normally in one's home country. Why is 221(g) important to keep in mind when in the U.S.? First, violating one's nonimmigrant status could have a negative impact when applying for another visa abroad. Second, as hard as it is to get a nonimmigrant visa approved at a U.S. consulate abroad, once a foreign national has it why do something to lose it? Third, being forced to apply for your visa in your home country can be expensive and time-consuming, particularly for nationals of China and India. Do not overstay the expiration date on your I-94 card.
3. If you enter the U.S. with your spouse, don't forget about him or her!
We have seen many situations where a person enters the U.S. in H1B status with his or her spouse who enters as a dependent in H4 status. However, when the H1B nonimmigrant applies to extend his/her status, they forget to do the same for the spouse. Often the main applicant thinks that the spouse's status is automatically extended when his/her extension application is approved. This is not the case. One must file a separate application to extend the status of the dependent spouse. If this is not done, the dependent spouse can fall out-of-status and be subject to removal from the United States. This applies not just to persons who enter in H status, but many other nonimmigrant statuses as well. So do not forget about your spouse!
4. If you enter under the Visa Waiver Program, you cannot change or extend your status
The Visa Waiver Program allows citizens of certain countries, traveling temporarily to the United States under the nonimmigrant admission classes of visitors for pleasure and visitors for business, to enter the United States without obtaining nonimmigrant visas. Admission is for no more than 90 days. Unlike a person who enters the United States as a visitor with a B1/B2 visitor visa, a person who enters under the Visa Waiver program cannot extend their stay in the United States nor can they change their status to another nonimmigrant status. Furthermore, if a person who enters under the Visa Waiver program overstays his/her I-94W Arrival/Departure Record or otherwise violates his/her nonimmigrant status, he/she can no longer enter the U.S. under the Visa Waiver program and must apply for a B1/B2 visitor visa at a U.S. consulate abroad.
5. If you're not sure about something, ask for help
U.S. immigration law is complicated. Even the smallest violation of one's nonimmigrant status could result in removal, bars to reentry and other negative consequences. Sometimes it is difficult to understand what a person can or cannot do while holding a certain nonimmigrant status. For example, can an H1B work on the side for someone other than his/her employer? Can a student in F status do volunteer work? What will result in a visitor in B status violating his/her status? If you're not sure, ask a qualified immigration attorney for advice. A little good advice could save you many headaches in the future.
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| Tuesday, January 08, 2008 |
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Client Comments
By admin @ 11:53 AM :: 145 Views ::
0 Comments :: Other
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We are in the business of helping people. So it makes us feel good when clients tell us how happy they are that we helped them.
For this particular client, our office filed an I-140 Immigrant Petition for Alien Worker under the National Interest Waiver (NIW) category. We also filed an I-485 Adjustment of Status application concurrently with the I-140 petition since the priority date was current for her country of nationality. Through the hard work of a number of staff members at the firm, the client's I-140 NIW application was approved. And subsequently the I-485 adjustment application was recently approved as well. Now the client is a permanent resident of the United States and can begin the process of eventually becoming a U.S. citizen.
Dear Mr. Bashyam,
Yesterday I received my green card!
Thank you so much for your work on my case: I am very satisfied with the result.
I highly appreciate the quality of assistance of Pamela Prather and Tina Huber in preparation of my documents for the application and during the pending process. I found that all members of your team are very knowledgeable and very particular about all details of the process.
I will recommend your firm to my colleagues and friends.
I wish you all the best and Happy Holidays!
Sincerely,
(Name Edited)
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| Wednesday, January 02, 2008 |
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News Bits and Upcoming Events in 2008
By admin @ 7:59 AM :: 142 Views ::
0 Comments :: News, Other
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To read the USCIS application and receipting update as of December 14, 2007, please go to THIS LINK.
On January 1, 2008, the fee to apply for any non-immigrant visa to enter the United States, including tourist, business, student and other visas, will increase to $131 world-wide. This increase will also apply to Border Crossing Cards. To read more, please go to THIS LINK.
The Department of Labor Backlog Elimination Center issued Round 8 of its Frequently Asked Questions (FAQ). To read the entire FAQ, please go to THIS LINK.
Speaking of labor certifications, the PERM system started relatively smoothly but it looks like the Department of Labor is starting to change the rules in the middle of the game. As a result, it is important that law firms and employers adapt accordingly, and that expectations are realistic given this ever-evolving process.
Our firm will be holding a series of seminars in early 2008 that will address various PERM-related issues. The first seminar will be on the PERM recruitment process - what do employers have to do, who has to be interviewed, and what needs to be documented. We will most likely have video-conferencing capability for our clients and readers in other parts of the United States. We will provide more detailed information on this seminar in January, but if this sounds interesting to you let us know by sending us an email to info@bashyamspiro.com. We would love to hear if you have any suggestions for future topics as well.
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| Tuesday, January 01, 2008 |
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Travelers Reminded of New Document Requirements Beginning January 31, 2008
By admin @ 7:35 AM :: 168 Views ::
0 Comments :: News, Other
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As of Jan. 31, 2008, all adult travelers will be required to present proof of citizenship, such as a birth certificate, and proof of identity, such as a driver’s license, when entering the United States through land and sea ports of entry.
Currently, U.S. Customs and Border Protection (CBP) officers may accept oral declarations of citizenship from U.S. and Canadian citizens seeking entry into the United States through a land or sea border. However, as of January 31, 2008:
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Oral declarations of citizenship alone will no longer be accepted
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U.S. and Canadian citizens ages 19 and older will need to present a government-issued photo ID, such as a driver’s license, along with proof of citizenship, such as a birth certificate or naturalization certificate
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Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate
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Passports and trusted traveler program cards - NEXUS, SENTRI and FAST - will continue to be accepted for cross-border travel
All existing nonimmigrant visa and passport requirements will remain in effect and will not be altered by this change.
DOS reminds the public that the current turnaround time for a passport is four to six weeks, so Americans planning international travel may wish to apply now. For information on obtaining a U.S. Passport visit THIS LINK or call 1-877-487-2778.
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| Monday, December 31, 2007 |
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Immigration in 2007 - Gas Prices Went Up, Priority Dates Went Down
By admin @ 7:55 AM :: 187 Views ::
0 Comments :: News, Other
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It was an interesting year in the world of immigration. In April, we had over 130,000 H1B applications filed for less than 65,000 H1B cap numbers. That showed how much our economy depended on and needed professional workers from overseas. Then the Department of Labor issued a Visa Bulletin that showed the first three employment-based categories as being current, only to revoke it a short time later. Of course, they then reinstated that Visa Bulletin and hundreds of thousands of immigrants were finally able to file their adjustment of status applications and obtain Employment Authorization Documents. And finally, after months and months of debate on illegal immigration and employer sanctions for hiring illegal workers, our government failed to pass a bill on comprehensive immigration reform. This shattered the hopes of millions of immigrants who hoped to legalize their status, as well as the hopes of employers who wanted more H1B numbers and immigrants who wished for reform in our outdated and ineffective immigrant visa number system. That was 2007 - a tough year for immigration but one that had some bright spots as well.
As we move forward into 2008, we need to continue to press our government to change the things that caused problems in the past. We need more H1B and immigrant visa numbers. We linked to the January 2008 Visa Bulletin in our last newsletter, which showed that employment-based category two (EB-2, which applies to advanced degree professionals and aliens of exceptional ability) for Indian Nationals had retrogressed to 2000, even further back than employment-based category three (EB-3, which applies to other professionals and skilled workers)! The EB-2 category is even expected to become ‘unavailable’ in the coming months. This would delay decisions on adjustment of status applications indefinitely. Our country cannot continue to keep our companies at a competitive disadvantage with their counterparts in other parts of the world, nor should it tolerate a system where a hard-working immigrant who ‘plays by the rules’ is kept in limbo for many, many years. With all of our advances in science and technology, the United States ought to have a system where immigration applications are processed quickly and efficiently. This will be the challenge in 2008 - to persuade your U.S. Representatives and Senators that the immigration system needs to change. Without your voice being heard, changes that help businesses and foreign workers are unlikely to happen. We here at BSE Immigration Law Group will continue to keep you updated on legislative news in 2008, as well as work tirelessly to help make change happen.
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| Sunday, December 16, 2007 |
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USCIS Revises I-9 Employment Eligibility Form
By admin @ 7:41 AM :: 129 Views ::
0 Comments :: News, Other
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U.S. Citizenship and Immigration Services (USCIS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. All employers are required to complete a Form I-9 for each employee hired in the United States.
The revision seeks to achieve full compliance with the document reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which reduced the number of documents employers may accept from a newly hired employee during the employment eligibility verification process.
Key to the revision is the removal of five documents for proof of both identity and employment eligibility. They include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); Alien Registration Receipt Card (Form I-151); the unexpired Reentry Permit (Form I-327); and the unexpired Refugee Travel Document (Form I-571). The forms were removed because they lack sufficient features to help deter counterfeiting, tampering, and fraud.
Additionally, the most recent version of the Employment Authorization Document (Form I-766) was added to List A of the List of Acceptable Documents on the revised form. The revised list now includes: a U.S. passport (unexpired or expired); a Permanent Resident Card (Form I-551); an unexpired foreign passport with a temporary I-551 stamp; an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B); and an unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for nonimmigrant aliens authorized to work for a specific employer.
U.S. Citizenship and Immigration Services (USCIS) said that employers must transition to the revised Employment Eligibility Verification Form (I-9) no later than December 26, 2007. All employers are required to complete a Form I-9 for each employee hired in the United States. The new form should be used for new hires after December 26th or for employees where an I-9 reverification will take place after that date.
On November 7, USCIS announced the availability of the revised version of Form I-9 (includes the revision date – (Rev. 06/05/07)N printed on the lower right corner of the form) which is now the only version valid for use. In that November 7 announcement,USCISexplained that employers would have 30 days, beginning on the date the Federal Register notice is published, to transition to the revised form. Accordingly, effective December 26, 2007, employers who fail to use the revised form will be subject to applicable penalties.
Both the revised form and the “Handbook for Employers, Instructions for Completing the Form I-9" are available online at THIS LINK.
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| Thursday, December 13, 2007 |
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USCIS Clarifies Validity of Permanent Resident Cards Without Expiration Dates
By admin @ 7:39 AM :: 135 Views ::
0 Comments :: News, Family Immigration, Other
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On August 22, 2007, USCIS published a proposed regulation that, when implemented, would require lawful permanent residents to replace permanent resident cards (Form I-551) with no expiration date. This proposed rule in no way affects the current validity of these permanent resident cards. Permanent residents who possess these cards may continue to use them as proof of permanent residency when traveling, when seeking employment, and at any time such proof is required.
The final rule, once published, will explain the process to replace these ‘green cards’. Persons who hold these permanent resident cards with no expiration date may replace their cards now, but there is currently no requirement to do so.
We will provide an update when the final rule is published by USCIS.
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| Thursday, November 01, 2007 |
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DHS Removes I-485 Receipt Notice from H/L Travel Requirements
By admin @ 7:50 AM :: 191 Views ::
0 Comments :: News, I-485 Adjustment of Status, Other
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On October 31, 2007, the Department of Homeland Security (DHS) issued a final rule that removed the requirement that a person who has an I-485 adjustment of status application pending and travels using H or L status have an I-797 receipt notice for the I-485 adjustment application before leaving the United States. Under the old rule, the person must have an I-797 receipt notice for the adjustment application before travel to avoid having such application deemed abandoned. This new rule is a result of excessive delays by the Immigration Service in issuing I-485 receipt notices. The final rule is effective November 1, 2007. For more information on this final rule, please do not hesitate to contact our office.
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| Friday, June 08, 2007 |
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USCIS To Open New Field Office in Durham, North Carolina
By admin @ 7:59 AM :: 638 Views ::
2 Comments ::  :: News, Other, USCIS Office Updates
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On Monday, June 4th, our attorney Laura Edgerton (Chair of the Carolinas Chapter of the American Immigration Lawyers Association), was one of a select number of guests to attend the groundbreaking ceremony for the new US Citizenship & Immigration Services field office in Durham. The ceremony was attended by Congressman David Price and members of his staff, representatives from Senator Burr’s office, as well as numerous officials from USCIS and Immigration and Customs Enforcement (ICE). The office is designed to be a 22,000 square foot state-of-the-art facility that will include biometrics processing and benefits processing in one facility. The facility will be located at 201 Roycroft Drive, in the heart of the Research Triangle. The office will be able to serve 400 people a day when construction is scheduled to finish in March of 2008.
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