Brothers and Sisters of U. S Citizens May Obtain Green Cards within 3-5 Years under F-4 Category Instead of Long Waiting Periods
Lal Varghese, Attorney at Law, Dallas
Many people become permanent residents (Green card) through family members. The United States promotes family unity and allows U.S. citizens and permanent residents (Green Card Holders) to petition for certain relatives to come and live permanently in the United States. Your family members may be eligible to get a green card through a family member who is a U.S. citizen or permanent resident without waiting for 10-15 years as it used to be. This is very much true in the case of F-4 category (brothers and sisters of U. S citizens) which has got a waiting period of about 10 years from India now. For the past about s six month or the priority date if moving about 3-4 months every month, which means in order to move one year it takes only about 3-4 months. In the past the priority date use to move only about 10-15 days per months which means in order to move one month it use to take 2-3 months and for one year it use to take about 1-3 years, hence the waiting of about 10-15 years.
Your relatives are eligible to get a green card as an immediate relative or as a family member in a preference category if you are a U.S. citizen relative and file a Form I-130, Petition for Alien Relative, for you. Your relatives are an immediate relative of a U.S. citizen if they are:
· The child (unmarried and under 21 years old) of a U.S. citizen
· The spouse (husband or wife) of a U.S. citizen
· The parent of a U.S. citizen (if the U.S. citizen is 21 years or older)
If your relative is a family member of you who is a U.S. citizen, in a preference category if they are:
· An unmarried son or daughter (21 years or older) of a U.S. citizen
· A married son or daughter (any age) of a U.S. citizen
· A sibling (brother or sister) of a U.S. citizen
Your relative is a family member of a permanent resident in a preference category if they are:
· The spouse of a permanent resident
· The child (unmarried and under 21 years old) of permanent resident
· The unmarried son or daughter (21 years or older) of a permanent resident
You relative may also be eligible to get a green card if they fall in one of the categories:
· Are a battered child or spouse of a U.S. citizen
· Entered the United States with a K visa as the fiancé(e) or spouse of a U.S. citizen or an accompanying child
· Obtained V nonimmigrant status
· Are a widow(er) of a U.S. citizen
· Are born to a foreign diplomat in the United States
When you file an immigrant petition for your relatives or siblings, you will be issued with a receipt which has a receipt date, which is your priority date. The eligibility for visas will be decided on the basis of the priority date, which means after filing the petition and its approval your relatives or siblings in preference category will be waiting in line for visa eligibility. Once the immigrant petition is approved, the file will be transferred to National Visa Center (NVC), it processes all papers works and even schedules interview in the consulate. The NVC is the main office of all U. S Consulates around the world. Under these new processing procedures, the applicants for visas need to only obtain the medical report and appear for interview with their passports. There is no waiting period or priority date for immediate relatives of U. S citizens. The waiting period for spouses and unmarried children under 21 of permanent residents is only about two years from India, which also uses to be about 4-5 years in the past. There is also a proposal pending in the Congress to make the spouses and children under 21 of Green Card holders as immediate relatives so that they do not need to wait in line and they can immigrate immediately. If a Green Card holder marries from India, under the present circumstances the spouses can immigrate to United States within 2-3 years along with the children under 21 who are unmarried.
If we look at the history of the priority date movement since 1980s in category F-4 we can see that the waiting period is doubling every ten year. During the 1980 the waiting period under F-4 category was only about 3-4 years. During the 1990s the waiting period under F-4 category was increased to 6-7 years and during the 2000s it has been increased to 10-12 years. The reason for this long waiting period is that there are only about 65,000 visas are allotted to all countries in the world under F-4 category. India being one of the countries along with Philippines, China, and Mexico from where more immigrants are coming to United States has more people waiting in line. The quota remains the same all these years, but the number of applicants is increasing, hence the waiting period is increasing.
For unknown reasons beginning January 2009 the F-4 category is moving an average of about 2-3 months. Very recently it is moving about 3-4 months every month. If that trend continues those who are waiting in line will be eligible for visas within next 2-3 years. If that trend continues again after 2-3 years, those who are filing new immigrant petitions for their brothers and sisters now, they can obtain immigrant visas within 2-3 years after the present waiting period is over. In other words, if you are a U. S citizen and never filed for your siblings to immigrate to United States, this is the time to file the petitions for them. You should be very careful in filing the immigrant petitions since the rules have changed and you need to have proper documents to prove the relationship between you and your siblings. If not, the petition will be denied without even issuing a request for additional evidence (RFE) under the new RFE rules since it requires primary eligibility documents to be filed with the immigrant petition.
There are two distinct paths through which you can get your green card. Many family members who are already in the United States may qualify for adjustment of status to permanent residence in the United States, which means they are able to complete their immigrant processing without having to return to their home country. Those relatives outside the United States or those who are not eligible to adjust status in the United States may be eligible for consular processing through a U.S. embassy or consulate abroad that has jurisdiction over their foreign place of residence. In order to be eligible to adjust status the applicants must be grand fathered under section 245(i) of the INA by having an immigrant petition or labor certification filed for them on or before April 30, 2001 and the principal applicant should be physically present in United States as of Dec. 21, 2000. If the applicant is not qualified to adjust by having grand fathered, then if the applicant leaves for consular processing there will be 3/10 year to obtain any immigrant visas under a separate rule.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Thursday, July 15, 2010
USCIS to Issue Redesigned Green Cards
USCIS to Issue Redesigned Green Cards
Lal Varghese, Attorney at Law, Dallas
U.S. Citizenship and Immigration Services (USCIS) announced that with effect from May 11, 2010 they will issue new redesigned the Permanent Resident Cards - commonly known as the "Green Card" - to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.
The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of legal authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a pre-printed return address will enable the easy return of a lost card to USCIS by anyone who found the same. In keeping with the Permanent Resident Card's nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as and when individuals apply for renewal or replacement of their existing green cards.
Important Features of the new Green Card:
· Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).
· Special ink creates color shifts in visual designs (e.g., eagle’s head).
· Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.
· Card materials resist tampering. Attempted tampering becomes immediately visible to the naked eye.
· Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.
· Greater detail in photograph makes for easier identification of the bearer.
· Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.
· Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.
· Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.
· In keeping with its nickname, redesigned Permanent Resident Card is now green.
A Green Card is proof of legal authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.
Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.
After the redesign, the card is now colored green. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement. Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version. The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. A lawful permanent resident may seek a replacement card by filing a Form I-90, application to Replace Permanent Resident Card. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Lal Varghese, Attorney at Law, Dallas
U.S. Citizenship and Immigration Services (USCIS) announced that with effect from May 11, 2010 they will issue new redesigned the Permanent Resident Cards - commonly known as the "Green Card" - to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning today, USCIS will issue all Green Cards in the new, more secure format.
The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of legal authorization to live and work in the United States. Among the benefits of the redesign: Secure optical media will store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images will make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements will make it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a pre-printed return address will enable the easy return of a lost card to USCIS by anyone who found the same. In keeping with the Permanent Resident Card's nickname, it will now be colored green for easy recognition. USCIS will replace Green Cards already in circulation as and when individuals apply for renewal or replacement of their existing green cards.
Important Features of the new Green Card:
· Redesign results from extensive collaboration with the Department of Homeland Security (DHS) Screening Coordination Office, the Immigration and Customs Enforcement (ICE) Forensic Document Laboratory, and U.S. Customs and Border Protection (CBP).
· Special ink creates color shifts in visual designs (e.g., eagle’s head).
· Fine-lined artwork and complex architecture incorporate patterns that are nearly impossible to reproduce.
· Card materials resist tampering. Attempted tampering becomes immediately visible to the naked eye.
· Standard card design and personalized features are integrated to deter fraud attempts, e.g., alteration of the photograph.
· Greater detail in photograph makes for easier identification of the bearer.
· Ultra-violet technology and tactile clues allow accurate card authentication at border crossings.
· Radio Frequency Identification (RFID) allows inspectors to read unique, 192-bit serial number (192-bits) from a distance and link the information to the personal data on file.
· Personalized return address on back of card doubles as security feature and as customer-service enhancement to facilitate easy return of lost cards to USCIS.
· In keeping with its nickname, redesigned Permanent Resident Card is now green.
A Green Card is proof of legal authorization to live and work in the United States on a permanent basis. It also is evidence of registration in accordance with U.S. immigration laws. Newly issued Green Cards are valid for ten years for lawful permanent residents and two years for conditional residents. The permanent resident must renew his or her card each time it expires. The Green Card redesign is the latest advance in USCIS’s ongoing efforts to deter immigration fraud. State-of-the-art technology prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication of the card. The enhanced features will better serve law enforcement, employers, and immigrants, all of whom look to the Green Card as definitive proof of authorization to live and work in the United States.
Secure optical media store biometrics for rapid and reliable identification of the card holder. Holographic images, laser engraved fingerprints, and high resolution micro-images make the card nearly impossible to reproduce. Tighter integration of the card design with personalized elements makes it difficult to alter the card if stolen. Radio Frequency Identification (RFID) capability allows Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. Finally, a preprinted return address enables the quick and easy return of a lost card to USCIS.
After the redesign, the card is now colored green. Beginning May 11, 2010, USCIS will issue all Green Cards in the new, more secure format. Recipients of the redesigned card will include those newly approved for lawful permanent residency, as well as those who have sought a renewal or replacement card. Some existing Green Cards bear an expiration date, and those cards will remain valid until they expire. Holders of those cards will receive the redesigned version when seeking a renewal or replacement. Other existing Green Cards have no expiration date, and those cards remain valid. USCIS recommends that holders of cards without an expiration date apply to replace their cards with the redesigned version. The current cost of renewing or replacing a Green Card is $370. Additionally, eligible permanent residents may choose to explore becoming a naturalized U.S. citizen. A lawful permanent resident may seek a replacement card by filing a Form I-90, application to Replace Permanent Resident Card. If outside the United States, a lawful permanent resident should contact the nearest U.S. consulate, USCIS office, or U.S. port of entry before attempting to file a Form I-90.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyers Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You may visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters.
Tuesday, December 15, 2009
Hague Convention Adoption From India
Lal Varghese, Attorney at Law, Dallas
Lal Varghese, Attorney at Law, Dallas
The Hague Convention on Protection of Children and Co-operation in Respect of Inter-country Adoption (Hague Adoption Convention) is an international treaty that provides important safeguards to protect the best interests of children, birth parents, and adoptive parents who are involved in inter-country adoptions. The Hague Adoption Convention entered into force in the United States on April 1, 2008. All visa petition cases filed on or after April 1, 2008, seeking to adopt a child habitually resident in any country outside of the United States that is a party to the Convention must follow the Hague process. Currently there are 78 countries recognized by the United States as Hague Adoption Convention countries. India is one of the countries which is party to the Hague Adoption Convention. Under U.S. law, prospective adoptive parents who filed theI-600A, Application for Advance Processing of Orphan Petition, or the I-600, Petition to Classify Orphan as an Immediate Relative, before April 1, 2008, may continue to process their adoptions under the current orphan regulations, provided that the laws of the country of the child's origin allows for continuation under the current orphan regulations.
A country that is a party to the Convention must have an officially designated Central Authority (CA) to ensure that the adoption process is safeguarded. The U.S. Central Authority is the Department of State (DOS). An adoption service provider (ASP) must be accredited or otherwise authorized to provide adoption services in connection with a Hague adoption in order for the provider to assist the prospective adoptive parent(s) with a Hague adoption. Be sure to ask any adoption service provider whether the adoption service provider is authorized to work on Hague adoption cases before hiring or paying any money to the provider. An adoption service provider cannot provide legal advice or legal services to the prospective adoptive parent(s) or represent the prospective adoptive parent(s) before USCIS.
The following are the steps in the process of adopting a child from a Hague Convention Country:
1. Choose a Hague Accredited ASP, and perhaps also an immigration attorney;
2. Obtain a home study from someone authorized to complete a Hague adoption home study;
3. Apply to USCIS before adopting a child or accepting a placement for a determination that one is suitable for inter-country adoption;
4. Once USCIS approves the application, work with the adoption service provider to obtain a proposed adoption placement;
5. File a “petition” with USCIS, before adopting the child, to have the child to be found eligible to immigrate to the United States based on the proposed adoption;
6. Adopt the child, or obtain custody of the child in order to adopt the child in the United States;
7. Obtain an immigrant visa for the child;
8. Bring the child to the United States for admission with the visa.
Form I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country and Form I-800, Petition to Classify Convention Adoptee as an Immediate Relative. Prospective adoptive parents must submit Form I-800A to USCIS in order to establish their eligibility and suitability. If USCIS approves your Form I-800A, then you must submit Form I-800 to determine the child's eligibility as a Convention adoptee, before adopting or obtaining legal custody of the child.
If you have reason to believe that the child you wish to adopt may be inadmissible to the United States (on medical grounds, for example), you may file Form I-601, Application for Waiver of Ground of Inadmissibility, with Form I-800. Once you have obtained a favorable home study, file Form I-800A with USCIS. To be eligible to file Form I-800A, you must meet the following requirements:
Be a U.S. citizen, habitually reside in the United States, if you are married, your spouse must also sign your Form I-800A and must also intend to adopt any child whom you adopt. If you are not married, you must be at least 24 years of age when you file your Form I-800A, and you must be 25 years of age when you file your Form I-800.
After the USCIS has approved the Form I-800A, you may apply to the Central Authority of the other country for a specific adoption placement. Once the Central Authority has proposed placing a child with you for adoption, but before you actually adopt the child, you must file Form I-800 on behalf of the child to be adopted. For a child to be classified as a Hague Convention Adoptee, the child must meet the following criteria:
Under the age of 16 at the time of filing Form I-800, habitually reside in a Convention country, determined to be eligible for inter-country adoption by the Central Authority of that country and have obtained all necessary consents for adoption. If you are married, your spouse must also sign the Form I-800 and adopt the child. If you are not married, you must be at least 25 when you file the Form I-800. After the USCIS provisionally approve your Form I-800, you may apply for a visa for the child and may complete the adoption of the child (or obtain custody to bring the child to the United States for adoption), once the Department of State advises you to do so.
You need to retain an attorney who has extensive experience in immigration law to represent you before the U. S Immigration since it involves diligent legal work and expertise to process the petitions before they can be approved. It may involve lot of time and also expenses depending on the whole process. Once you have adopted a child, the said child has all legal rights same with that of your natural child and the adopted child does not have any relationship to the natural parents.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters.
Saturday, November 14, 2009
IMPORTANCE OF HAVING A ‘WILL’
Lal Varghese, Attorney at Law, Dallas
Death affects people in many ways and it is never timely. Death confronts the family with bereavement, with the need to readjust emotionally and financially, and often with an unknown future. Death is not only a personal issue, but also a legal one as well by which a death certificate must be issued, and the estate of the deceased individual (the decedent) must pass to others. A Will is a legal document that determines how your property (estate of the deceased both real and personal) is distributed and in what proportion after your death. In a Will, you may name beneficiaries like family members, friends, spouse, or charitable organizations etc., to receive your property according to your wish. You may list specific gifts, such as house, car, jewelry or a certain sum of money, to certain beneficiaries, and you should direct what should be done with all remaining assets that your Will does not dispose of by specific gift. Property distributed under the terms of the Will is known as the "probate" estate. In addition to distributing or transferring property upon death, a Will may have other functions. It may be used to name a guardian for any minor children or to create a trust and designate a trustee to handle an estate (property left after death) on behalf of children or others. You may nominate a person to be responsible for your child's care if you and your spouse die before the child turns 18. If you do not have a Will or have a Will and do not name a guardian for your child, the State law provides for immediate custody of your child and management of their property until a proper guardian is appointed by the Court. You may also name a guardian-who may or may not be the same person-to be responsible for managing any assets given to the child in your Will, until he or she is 18 years old. You may nominate a person or institution (Executor) to collect any debts and manage the probate estate, pay any debts, expenses and taxes that might be due, and then, with the court's approval, distribute your assets to your beneficiaries according to the instructions in your Will. Your Executor serves a very important role and has significant responsibilities. It can be a time-consuming job. You should choose your Executor carefully.
A Will generally does not cover everything you own. It affects only those assets that are titled in your name at the time of your death. Those assets that are not affected by your Will include: The cash proceeds from a life insurance policy on your life are paid to whomever you have designated as beneficiary of the policy issued by the insurance company no matter who the beneficiaries under your Will may be. Assets held in retirement plans, such as a 401(k) or an IRA, are transferred to whomever you have named as beneficiary in the plan documents no matter who the beneficiaries under your Will may be. Assets owned as a joint tenant with right of survivorship (JTWROS) such as real estate, automobiles, bank accounts and stock accounts will pass to the surviving joint tenant upon your death, and not in accordance with any directives in your Will. Certain securities and brokerage accounts include a designation of primary and contingent beneficiaries to receive the assets in that account when the account owner dies. The names of the beneficiaries are preceded by the words "transfer on death (TOD)". Other assets, such as bank accounts and U.S. savings bonds, may be held in a similar form using the owner's name and the beneficiaries' names preceded by the words "paid on death (POD)."
Married couples may hold title to their community property assets in their names as "community property with right of survivorship." Then, when the first spouse dies, the assets pass directly to the surviving spouse without being affected by the Will. Similarly, assets held in a Revocable Living Trust are distributed according to the instructions in the trust regardless of the instructions in your Will with no need for court supervision. You can name yourself as the initial trustee of your Living Trust which most people do, and then name a successor trustee to manage the trust if you become unable to do so. With a Living Trust, your assets are managed for your benefit during your lifetime and then transferred to your beneficiaries when you die without court supervision. A Living Trust is more recommended than a Will for two main reasons, one – there is no need to probate or court supervision like a Will, secondly, you can save taxes when the property is transferred to a trust for the benefit of the beneficiaries even after your death. You may make a provision in your Will for your assets to be distributed to a trust upon your death. When trusts are created under a Will, they are known as Testamentary Trusts. With an appropriate beneficiary designation, Testamentary Trusts can even be beneficiaries of life insurance policies and retirement plans. If you have a Living Trust, (that is, a trust established during your lifetime) then your Will is often referred to as a Pour Over Will. Such a Will includes instructions to transfer all remaining assets (assets that were not transferred to your Living Trust during your lifetime) to the Living Trust at the time of your death.
In States like California and Texas and few other States having community property law, any assets acquired by you and your spouse from earnings during your marriage are community property. You and your spouse own equal shares of those assets. Your Will, therefore, affects only your half of the community property. Assets that either of you owned before your marriage and gifts or inheritances acquired after your marriage are usually separate property. Your Will affects all of your separate property assets and not only the half. A person does not need to have a large estate to plan and prepare a Will. Anyone who owns property, whether "personal property," such as cash, stocks, jewelry or furniture, or "real property," such as land and/or a house, should prepare a Will. If married, each spouse should have separate Will. A Will prepared and executed in United States covers all your property wherever it is situated and it is valid in any courts of law wherever you have property. A Will may need to be probated in each country wherever you have property unless the country recognizes the Will probated in United States under treaty laws. Note: Some States recognizes Domestic Partners also in the same position as married couples with same right of survivorships.
When there is no valid Will, the person is said to have died "intestate." In such cases, a court appoints an administrator to handle the decedent's affairs, and his or her property is then distributed according to a formula fixed by law. The laws for distribution of an intestate estate are rigid and generally do not make accommodations for those in unusual need. After payment of taxes, debts, funeral expenses and administrative costs, the property goes to the surviving spouse, children and/or relatives. The laws are specific in each State as to how property is to be distributed, including which relatives have priority and how the property is divided. The inheritance rights of adopted children are protected when a parent dies without a Will. Under most State laws including Texas Probate Code, an adopted child is treated the same as a natural born child. Therefore, the adopted child can inherit from his or her adopted parents and vice versa. The adopted child can also inherit from his or her natural parents, but the natural parents cannot inherit from the child if the child dies without a Will. This is an important consideration today when often an adopted child seeks and discovers the identity of a natural parent and then establishes a relationship with that parent.
Each State has its own laws that determine the requirements for a legal Will. In most States, the Will must be written, dated and signed; The person who makes a Will (called a "testator") must be legally competent and acting voluntarily (of sound mind and free of any improper influence), and be at least 18 years old; and the signing of the document must be witnessed by at least two legally competent individuals (one of whom may be a notary public) and signed in strict accordance with technical formalities. Witnesses do not need to know the contents of the Will and should not be beneficiaries (persons who will receive something) of the Will. Handwritten (or "holographic") Wills that are not properly witnessed are invalid in some States only. Some States have ‘Statutory Will’ which contains fill in the blanks and is valid in that State only when executed properly. A Will prepared by an Attorney, who is specialized in Estate Planning Laws is the best choice for anyone living in any State. A Will made in another State in accordance with that State's requirements is valid in most States. But it will be better to check with an Attorney in the State where you live if you move from one State to another after you make a Will.
Probate is the legal process by which the affairs of a deceased person are settled and title to his or her property is transferred to the heirs. A Will is effective only at death and may be changed or revoked at any time before death. A Will should be revised to reflect any changes in circumstances, personal choices or resources. Changes are often made by a simple document called a codicil (a supplement to a Will), or by redrafting the Will. An attorney should be consulted when making changes to ensure that changes are legal and properly made. Also, keep in mind that your Will is not a Living Will. The term Living Will is used in many States to describe a legal document that states you do not want life-sustaining treatment if you become terminally ill or permanently unconscious and also you designate your spouse and/or your children to make decisions about your continued treatment when you are declared by Doctors in comatose condition.
A Will should be reviewed and updated as your conditions and circumstances change. For example, changes may be necessary when: the family structure changes as a result of a birth, adoption, marriage, divorce or death; substantial changes occur in the amount or kind of property owned; tax laws change; residence changes from one State to another; the designated executor, guardian or trustee can no longer serve; or you decide - for any reason—to change the distribution of your estate. A Will is valid until legally revoked or changed, and becomes final or effective upon its maker's death. In the event of a divorce, a Will automatically excludes the former spouse unless it expressly states otherwise. Complications could result, however, if no property settlement agreement of the divorce exists. Periodic reviews are important to make sure the Will conforms to changing laws - as well as the Will-maker's intentions. The signed original document should be kept in a safe place. As with all vital papers, a Will also should be stored where it is protected (such as a bank's safe deposit vault), yet readily accessible when needed. Arrangements should be made for the Will to be immediately available to the decedent's Executor.
A copy of the Will that notes the location of the original document, and a letter of instruction that contains numbers for bank accounts, insurance policies, credit cards or other financial details, and family details should also be prepared. The letter may also contain instructions regarding burial, cremation or anatomical gifts, and should be given to the executor or Will-maker's attorney. Because this letter may function as a plan for handling important estate matters, it should be as complete as possible. Considering its importance, the cost of making a Will is modest. A properly drawn Will should reduce expenses (and in some cases, taxes), while simplifying the administration of an estate. Fees for preparing a Will and drafting the necessary documents depend on an attorney's experience and expertise, the complexity of the situation, and the amount of time spent counseling clients and preparing documents. Approximate costs should be discussed when first consulting an attorney.
The advice of an expert on this complex subject could prove invaluable in preserving the value of the estate and assuring that property is distributed as intended. Advance planning for the distribution of property; specific bequests (gifts); and the naming of an Executor, Guardian or Trustee can also help save time and money. Therefore, before seeing an attorney, think about your estate planning objectives and make preliminary decisions about the distribution of your property. You can facilitate the process, and control costs, by preparing an inventory of your assets and listing your various bank accounts; stocks and bonds; insurance policies; and any profit sharing, retirement and pension plans. Assets that are transferred to either your spouse (if he or she is a U.S. citizen) or to charitable organizations are not subject to estate taxes. Assets passing to other individuals or entities will be taxed if the net value of those assets is more than $2 million. That amount will increase to $3.5 million in 2009. Then, in 2010, the estate tax will disappear completely. In 2011, however, unless Congress changes the law, the exemption will revert back to $1 million. In short if your assets are less than 1 million (not jointly owned), there is no estate taxes to be paid by your beneficiaries. But if you have assets more than 1 million, then you may consider about Living Trusts as part of your estate planning and should not end up with a simple Will.
Drafting a Will is an important and sometimes complex matter that involves the judgment and skills of an experienced attorney. It is a critical process that requires legal knowledge, informed decision-making, and coordination with other estate planning documents. Although "do-it-yourself" forms and kits are available, they may not consider individual circumstances and relationships, and could cause litigation, contested Wills and other problems in transferring property to heirs. An attorney can assist and advise by analyzing individual circumstances and preferences, drafting valid documents, and avoiding pitfalls that alter intent.
Tuesday, September 15, 2009
Relief for Surviving Spouses of U. S. Citizens by Deferred Action by USCIS
USCIS Provides Interim Relief by Deferred Action for Surviving Spouses of U. S Citizens Married Less Than Two Years
Lal Varghese, Attorney at Law, Dallas
U.S. Department of Homeland Security (DHS) would grant deferred action relief to surviving spouses of U.S. citizens who died before the second anniversary of their marriage. U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for an adverse decision (denial of application) from USCIS would be the death of a U.S. citizen spouse before the second anniversary of their marriage. Until there is a legislative solution to remedy the situation commonly referred to as the “widow penalty,” USCIS will provide interim administrative relief in the form of deferred action to surviving spouses whose U.S. citizen spouses died before the second anniversary of their marriage. The “widow penalty” prevents widow(er)s of deceased U.S. citizens from becoming lawful permanent residents on the basis of the petition filed by their late U. S citizen spouses or from later self-petitioning to change their status if the U.S. citizen dies before the second anniversary of their marriage.
Under this new administrative guidelines, surviving spouses, whose U.S. citizen spouses died before the second anniversary of their marriage, qualifies for deferred action if they: were married to, but not legally separated or divorced from their U.S. citizen spouse at the time of that spouse’s death; did not remarry again; and are currently residing in the United States, regardless of whether the U.S. citizen spouse filed a Form I-130 petition for the foreign spouse before his or her death. Additionally, deferred action under this program is also available to the qualifying children of the surviving spouse who are younger than age 21 (at the time the request for deferred action is submitted or a Form I-130 was filed on their behalf as an immediate relative); currently residing in the United States; and unmarried.
Deferred action is an exercise of prosecutorial discretion not to pursue removal proceedings of a particular alien for a particular period. Deferred action is not intended to be a permanent remedy to the “widow penalty,” rather it is a temporary discretionary solution to an issue that is subject to ongoing legislative and judicial actions. The grant of deferred action by USCIS does not confer or alter any immigration status. Deferred action does not eliminate any periods of unlawful presence that accrued before it was granted; however, no additional unlawful presence accrues during the time that the deferred action is in effect. The grant of deferred action does not convey or imply any waivers of inadmissibility that may exist, regardless of whether that inadmissibility is known to USCIS at the time of the request for deferred action. Likewise, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status.
In order to claim the relief of deferred action, applicants must file Form I-360 with fee with the Vermont Service Center. Applicants are not eligible for deferred action if the alien is the: Surviving spouse of a deceased U.S. citizen, or qualifying child who is residing outside the United States; Surviving spouse or child of a lawful permanent resident alien or other non-U.S. citizen; Surviving spouse of a deceased U.S. citizen or qualifying child if the surviving spouse remarried at any time after the U.S. citizen’s death (regardless of whether or not the subsequent marriage has been terminated); Surviving spouse who was legally separated or divorced from his or her U.S. citizen spouse at the time of the citizen’s death (or the surviving spouse’s child); U.S. born child of either the surviving spouse or the deceased U.S. citizen spouse or such beneficiary’s children; or Deceased U.S. spouse’s child who previously derived U.S. citizenship.
A grant of deferred action is a discretionary action on the part of USCIS. In addition to basic eligibility criteria as described above, USCIS will consider whether any serious adverse factors exist, such as national security concerns, significant immigration fraud, commission of other crimes, or public safety reasons. In addition, applicants whose visa petition was denied or revoked for any reason other than or in addition to the death of the petitioning U.S. citizen spouse are not eligible for deferred action under this program. Denial of a deferred action request may not be appealed.
The validity period of deferred action granted based on this program is two years. Once granted deferred action, the applicant will receive a grant letter indicating the duration of validity, specifics regarding the program, and ability to request employment authorization. Surviving alien spouses of U.S. citizens who died before the second anniversary of their marriage and the children of those surviving alien spouses who have been granted deferred action relief under this program are eligible to apply for an Employment Authorization Document (EAD) by completing Form I-765 with appropriate fees. The validity period is two years, not to exceed the expiration date of the grant of deferred action. Applicants may submit a Form I-765, with the appropriate filing fee, using this category if applicants wish to seek employment authorization under this program; however, they must demonstrate an economic necessity.
Federal regulations require that the approval of Form I-130, Petition for Alien Relative, be automatically revoked upon the death of the petitioner if the beneficiary has not already adjusted status in the United States or been inspected and admitted as an immigrant. Thus, once USCIS receives notice of the death of the U.S. citizen petitioner the approved I-130 petition is automatically revoked. However, the beneficiary may request humanitarian reinstatement of the revoked petition. USCIS may then exercise discretion and grant the reinstatement after considering the facts and humanitarian considerations of the particular case. If the request for humanitarian reinstatement request is approved, then the beneficiary may proceed to the adjustment of status or consular processing stage. Since an avenue for permanent resident status already exists for this group, the beneficiary is not eligible to seek deferred action under this program. While each case will be considered individually on its merits, USCIS generally will give favorable consideration to requests for humanitarian reinstatement made by eligible widow(er)s. If the request for humanitarian reinstatement is denied, the beneficiary may file for deferred action status by submitting a completed Form I-360 with the Vermont Service Center of the USCIS.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters.
Lal Varghese, Attorney at Law, Dallas
U.S. Department of Homeland Security (DHS) would grant deferred action relief to surviving spouses of U.S. citizens who died before the second anniversary of their marriage. U.S. Citizenship and Immigration Services (USCIS) will temporarily suspend adjudication of visa petitions and adjustment applications filed for widow(er)s where the sole reason for an adverse decision (denial of application) from USCIS would be the death of a U.S. citizen spouse before the second anniversary of their marriage. Until there is a legislative solution to remedy the situation commonly referred to as the “widow penalty,” USCIS will provide interim administrative relief in the form of deferred action to surviving spouses whose U.S. citizen spouses died before the second anniversary of their marriage. The “widow penalty” prevents widow(er)s of deceased U.S. citizens from becoming lawful permanent residents on the basis of the petition filed by their late U. S citizen spouses or from later self-petitioning to change their status if the U.S. citizen dies before the second anniversary of their marriage.
Under this new administrative guidelines, surviving spouses, whose U.S. citizen spouses died before the second anniversary of their marriage, qualifies for deferred action if they: were married to, but not legally separated or divorced from their U.S. citizen spouse at the time of that spouse’s death; did not remarry again; and are currently residing in the United States, regardless of whether the U.S. citizen spouse filed a Form I-130 petition for the foreign spouse before his or her death. Additionally, deferred action under this program is also available to the qualifying children of the surviving spouse who are younger than age 21 (at the time the request for deferred action is submitted or a Form I-130 was filed on their behalf as an immediate relative); currently residing in the United States; and unmarried.
Deferred action is an exercise of prosecutorial discretion not to pursue removal proceedings of a particular alien for a particular period. Deferred action is not intended to be a permanent remedy to the “widow penalty,” rather it is a temporary discretionary solution to an issue that is subject to ongoing legislative and judicial actions. The grant of deferred action by USCIS does not confer or alter any immigration status. Deferred action does not eliminate any periods of unlawful presence that accrued before it was granted; however, no additional unlawful presence accrues during the time that the deferred action is in effect. The grant of deferred action does not convey or imply any waivers of inadmissibility that may exist, regardless of whether that inadmissibility is known to USCIS at the time of the request for deferred action. Likewise, deferred action cannot be used to establish eligibility for any immigration benefit that requires maintenance of lawful status.
In order to claim the relief of deferred action, applicants must file Form I-360 with fee with the Vermont Service Center. Applicants are not eligible for deferred action if the alien is the: Surviving spouse of a deceased U.S. citizen, or qualifying child who is residing outside the United States; Surviving spouse or child of a lawful permanent resident alien or other non-U.S. citizen; Surviving spouse of a deceased U.S. citizen or qualifying child if the surviving spouse remarried at any time after the U.S. citizen’s death (regardless of whether or not the subsequent marriage has been terminated); Surviving spouse who was legally separated or divorced from his or her U.S. citizen spouse at the time of the citizen’s death (or the surviving spouse’s child); U.S. born child of either the surviving spouse or the deceased U.S. citizen spouse or such beneficiary’s children; or Deceased U.S. spouse’s child who previously derived U.S. citizenship.
A grant of deferred action is a discretionary action on the part of USCIS. In addition to basic eligibility criteria as described above, USCIS will consider whether any serious adverse factors exist, such as national security concerns, significant immigration fraud, commission of other crimes, or public safety reasons. In addition, applicants whose visa petition was denied or revoked for any reason other than or in addition to the death of the petitioning U.S. citizen spouse are not eligible for deferred action under this program. Denial of a deferred action request may not be appealed.
The validity period of deferred action granted based on this program is two years. Once granted deferred action, the applicant will receive a grant letter indicating the duration of validity, specifics regarding the program, and ability to request employment authorization. Surviving alien spouses of U.S. citizens who died before the second anniversary of their marriage and the children of those surviving alien spouses who have been granted deferred action relief under this program are eligible to apply for an Employment Authorization Document (EAD) by completing Form I-765 with appropriate fees. The validity period is two years, not to exceed the expiration date of the grant of deferred action. Applicants may submit a Form I-765, with the appropriate filing fee, using this category if applicants wish to seek employment authorization under this program; however, they must demonstrate an economic necessity.
Federal regulations require that the approval of Form I-130, Petition for Alien Relative, be automatically revoked upon the death of the petitioner if the beneficiary has not already adjusted status in the United States or been inspected and admitted as an immigrant. Thus, once USCIS receives notice of the death of the U.S. citizen petitioner the approved I-130 petition is automatically revoked. However, the beneficiary may request humanitarian reinstatement of the revoked petition. USCIS may then exercise discretion and grant the reinstatement after considering the facts and humanitarian considerations of the particular case. If the request for humanitarian reinstatement request is approved, then the beneficiary may proceed to the adjustment of status or consular processing stage. Since an avenue for permanent resident status already exists for this group, the beneficiary is not eligible to seek deferred action under this program. While each case will be considered individually on its merits, USCIS generally will give favorable consideration to requests for humanitarian reinstatement made by eligible widow(er)s. If the request for humanitarian reinstatement is denied, the beneficiary may file for deferred action status by submitting a completed Form I-360 with the Vermont Service Center of the USCIS.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters.
Friday, August 21, 2009
‘Global Entry’, Trusted Traveler Program, Faster, Easier Entry into the U.S. for Pre-Approved Travelers
‘Global Entry’, Trusted Traveler Program, Faster, Easier Entry into the U.S. for Pre-Approved Travelers
Lal Varghese, Attorney at Law, Dallas
Now there’s a faster, easier way for pre-approved travelers to enter the United States. The Global Entry Trusted Traveler Program, created and administered by U.S. Customs and Border Protection (CBP), is designed for frequent international travelers. Entirely voluntary, participation in the program can expedite entry into the U.S. at designated airports across the country. Global Entry is a new, risk-based approach to facilitate the entry of pre-approved U.S. citizens, U.S. nationals, lawful permanent residents of the U.S. and citizens of other certain countries. The pilot allows frequent international travelers who have passed a background check, use of an automated kiosk to clear passport control, and provides an expedited exit lane out of the CBP processing area. Global Entry is a traveler’s ticket to get out of line.
New U. S Passport Office in Dallas opened on July 13, 2009
New U. S Passport Office in Dallas opened on July 13, 2009
Furnished by Lal Varghese, Attorney at Law, Dallas
The Department of State plans to expand the existing network of 21 passport agencies and centers nationwide by opening new passport agencies in the State of Vermont, in the cities of Buffalo, New York, El Paso, Texas, Atlanta, Georgia and San Diego, California, and by establishing public counters at two existing locations, the National Passport Center in Portsmouth, New Hampshire, and the Arkansas Passport Center in Hot Springs, Arkansas. This expansion will be undertaken utilizing funds appropriated by the American Recovery and Reinvestment Act of 2009.
These new agencies will be open to the public and will provide the citizens of these communities with easy access to the full range of passport services. These agencies will have the capability to issue passports onsite and provide same-day service to qualified applicants. The Department is working with the General Services Administration to identify appropriate space in each of the locations and the Department will provide updates to the public through the Department’s Recovery Act website as project schedules are finalized. In March, the Department opened a new passport agency in Detroit and another new passport agency in Minneapolis in May. The Western Passport Center, a mega adjudication center with a public counter, will be co-located with the existing passport printing facility in Tucson. These activities were funded through the Department’s normal budget and appropriations process.
The U.S. Department of State opened its twenty-second domestic passport issuance facility in Dallas, Texas on July 13, 2009. The Dallas Passport Agency is located at 1100 Commerce Street (Federal Building) in downtown Dallas and is designed to join the Houston Passport Agency in providing in-person passport services to American citizens throughout the southwest border region. The Dallas location provides access to a major domestic and international airport and will be instrumental in helping American citizens with their travel plans. The Dallas Passport Agency serves U.S. citizens who have urgent/emergency travel needs and has the capability to issue passport books on-site to qualifying applicants. Dallas will have the means to issue the U.S. passport card onsite in the near future. With the final phase of the Western Hemisphere Travel Initiative that was implemented in June, this agency will greatly improve our ability to meet the travel needs of our customers in several states along our southern border. Information on the cost and how to apply for a passport book and/or a passport card is available at travel.state.gov. U.S. citizens may also obtain passport information by phone by calling the National Passport Information Center toll-free at 1-877-487-2778.
THE U.S. PASSPORT CARD IS NOW IN PRODUCTION
The U. S Passport Agency began issuing of the U.S. Passport Card on July 14, 2008. Till now, they have issued over 1,000,000 U.S. Passport Cards. Applications for the U.S. Passport Card are being processed in approximately 4-6 weeks from the time of application. The wallet-size passport card is convenient and less expensive than the passport book. However, the U.S. Passport Card cannot be used for international air travel. This new travel document can be used to enter the United States from Canada, Mexico, the Caribbean, and Bermuda at land border crossings or sea ports-of-entry. This card also can be used as a second ID in addition to the driver’s license or picture ID, whenever such second ID is needed. It is always a smart idea to carry U. S Passport Card with you so that you can prove your legal status at any time it is needed under the new stringent laws being implemented in United States.
A current or previous passport book holder, who is eligible to use Form DS-82 , may apply for a passport card as a renewal by mail. First time applicants for a U.S. Passport, and those not eligible to use Form DS-82, must apply for a passport card in person using Form DS-11. The card has the same period of validity as the U.S. Passport Book: 10 years for an adult and 5 years for minors under age 16. The card costs $45 for a first-time adult passport applicant and $35 for all minor applicants under age 16, regardless of whether they are previous passport book or cardholders. Adults who already have a fully valid passport book may apply for the card as a passport renewal by mail and pay only $20.
To facilitate the frequent travel of U.S. citizens living in border communities and to meet DHS's operational needs at land borders, the passport card contains a vicinity-read radio frequency identification (RFID) chip. This chip points to a stored record in secure government databases. There is no personal information written to the RFID chip itself. With RFID technology, Customs and Border Protection inspectors will be able to access photographs and other biographical information stored in secure government databases before the traveler reaches the inspection station. The passport card uses state-of-the-art security features to prevent against the possibility of counterfeiting and forgery. In addition, a protective sleeve is provided with each passport card to protect against unauthorized reading or tracking of the card when it is not in use.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters.
Tuesday, July 28, 2009
New U. S. Passport Office in Dallas
New U. S Passport Office in Dallas opened on July 13, 2009
Furnished by Lal Varghese, Attorney at Law, Dallas
The Department of State plans to expand the existing network of 21 passport agencies and centers nationwide by opening new passport agencies in the State of Vermont, in the cities of Buffalo, New York, El Paso, Texas, Atlanta, Georgia and San Diego, California, and by establishing public counters at two existing locations, the National Passport Center in Portsmouth, New Hampshire, and the Arkansas Passport Center in Hot Springs, Arkansas. This expansion will be undertaken utilizing funds appropriated by the American Recovery and Reinvestment Act of 2009.
These new agencies will be open to the public and will provide the citizens of these communities with easy access to the full range of passport services. These agencies will have the capability to issue passports onsite and provide same-day service to qualified applicants. The Department is working with the General Services Administration to identify appropriate space in each of the locations and the Department will provide updates to the public through the Department’s Recovery Act website as project schedules are finalized. In March, the Department opened a new passport agency in Detroit and another new passport agency in Minneapolis in May. The Western Passport Center, a mega adjudication center with a public counter, will be co-located with the existing passport printing facility in Tucson. These activities were funded through the Department’s normal budget and appropriations process.
The U.S. Department of State opened its twenty-second domestic passport issuance facility in Dallas, Texas on July 13, 2009. The Dallas Passport Agency is located at 1100 Commerce Street (Federal Building) in downtown Dallas and is designed to join the Houston Passport Agency in providing in-person passport services to American citizens throughout the southwest border region. The Dallas location provides access to a major domestic and international airport and will be instrumental in helping American citizens with their travel plans. The Dallas Passport Agency serves U.S. citizens who have urgent/emergency travel needs and has the capability to issue passport books on-site to qualifying applicants. Dallas will have the means to issue the U.S. passport card onsite in the near future. With the final phase of the Western Hemisphere Travel Initiative that was implemented in June, this agency will greatly improve our ability to meet the travel needs of our customers in several states along our southern border. Information on the cost and how to apply for a passport book and/or a passport card is available at travel.state.gov. U.S. citizens may also obtain passport information by phone by calling the National Passport Information Center toll-free at 1-877-487-2778.
THE U.S. PASSPORT CARD IS NOW IN PRODUCTION
Furnished by Lal Varghese, Attorney at Law, Dallas
The Department of State plans to expand the existing network of 21 passport agencies and centers nationwide by opening new passport agencies in the State of Vermont, in the cities of Buffalo, New York, El Paso, Texas, Atlanta, Georgia and San Diego, California, and by establishing public counters at two existing locations, the National Passport Center in Portsmouth, New Hampshire, and the Arkansas Passport Center in Hot Springs, Arkansas. This expansion will be undertaken utilizing funds appropriated by the American Recovery and Reinvestment Act of 2009.
These new agencies will be open to the public and will provide the citizens of these communities with easy access to the full range of passport services. These agencies will have the capability to issue passports onsite and provide same-day service to qualified applicants. The Department is working with the General Services Administration to identify appropriate space in each of the locations and the Department will provide updates to the public through the Department’s Recovery Act website as project schedules are finalized. In March, the Department opened a new passport agency in Detroit and another new passport agency in Minneapolis in May. The Western Passport Center, a mega adjudication center with a public counter, will be co-located with the existing passport printing facility in Tucson. These activities were funded through the Department’s normal budget and appropriations process.
The U.S. Department of State opened its twenty-second domestic passport issuance facility in Dallas, Texas on July 13, 2009. The Dallas Passport Agency is located at 1100 Commerce Street (Federal Building) in downtown Dallas and is designed to join the Houston Passport Agency in providing in-person passport services to American citizens throughout the southwest border region. The Dallas location provides access to a major domestic and international airport and will be instrumental in helping American citizens with their travel plans. The Dallas Passport Agency serves U.S. citizens who have urgent/emergency travel needs and has the capability to issue passport books on-site to qualifying applicants. Dallas will have the means to issue the U.S. passport card onsite in the near future. With the final phase of the Western Hemisphere Travel Initiative that was implemented in June, this agency will greatly improve our ability to meet the travel needs of our customers in several states along our southern border. Information on the cost and how to apply for a passport book and/or a passport card is available at travel.state.gov. U.S. citizens may also obtain passport information by phone by calling the National Passport Information Center toll-free at 1-877-487-2778.
THE U.S. PASSPORT CARD IS NOW IN PRODUCTION
The U. S Passport Agency began issuing of the U.S. Passport Card on July 14, 2008. Till now, they have issued over 1,000,000 U.S. Passport Cards. Applications for the U.S. Passport Card are being processed in approximately 4-6 weeks from the time of application. The wallet-size passport card is convenient and less expensive than the passport book. However, the U.S. Passport Card cannot be used for international air travel. This new travel document can be used to enter the United States from Canada, Mexico, the Caribbean, and Bermuda at land border crossings or sea ports-of-entry. This card also can be used as a second ID in addition to the driver’s license or picture ID, whenever such second ID is needed. It is always a smart idea to carry U. S Passport Card with you so that you can prove your legal status at any time it is needed under the new stringent laws being implemented in United States.
A current or previous passport book holder, who is eligible to use Form DS-82 , may apply for a passport card as a renewal by mail. First time applicants for a U.S. Passport, and those not eligible to use Form DS-82, must apply for a passport card in person using Form DS-11. The card has the same period of validity as the U.S. Passport Book: 10 years for an adult and 5 years for minors under age 16. The card costs $45 for a first-time adult passport applicant and $35 for all minor applicants under age 16, regardless of whether they are previous passport book or cardholders. Adults who already have a fully valid passport book may apply for the card as a passport renewal by mail and pay only $20.
To facilitate the frequent travel of U.S. citizens living in border communities and to meet DHS's operational needs at land borders, the passport card contains a vicinity-read radio frequency identification (RFID) chip. This chip points to a stored record in secure government databases. There is no personal information written to the RFID chip itself. With RFID technology, Customs and Border Protection inspectors will be able to access photographs and other biographical information stored in secure government databases before the traveler reaches the inspection station. The passport card uses state-of-the-art security features to prevent against the possibility of counterfeiting and forgery. In addition, a protective sleeve is provided with each passport card to protect against unauthorized reading or tracking of the card when it is not in use.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You can visit our website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters.
Thursday, July 9, 2009
GENERAL INFORMATION ABOUT THE OPTIONAL PRACTICAL TRAINING INTERIM FINAL RULE (IFR) (SECOND PART)
Lal Varghese, Attorney at Law, Dallas
A student must work at least 20 hours per week in a qualifying position to be considered employed. If a student has a variable schedule, within a month, it should average out to at least 20 hours per week. Each day (including weekends) during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment. OPT authorization begins on the employment start date shown on the student’s EAD. The only exception is that periods of up to 10 days between the end of one job and the beginning of the next job are not included in the calculation of time spent unemployed. This 10 day exception also applies to the first 10 days from the start date on the student’s EAD. All OPT employment, including post-completion OPT, is required by 8 CFR 214.2(f)(10)(ii)(A) to be in a job that is related to the student’s degree program.
For students who are not on a STEM extension, this employment may include: Paid employment. Students may work part time (at least 20 hours per week when on post-completion OPT) or full time. Students may work for more than one employer, but all employment must be related to each individual student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours. Students, such as musicians and other performing artists, may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students should be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. Self-employed business owner.
Students on OPT may start a business and be self-employed. The student should be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program. Students on post-completion OPT should be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency. Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work should be at least 20 hours per week for students on post-completion OPT. A student should be able to provide evidence, acquired from the student’s employer, to verify that he or she worked at least 20 hours per week during the period of employment.
Students authorized for an OPT STEM extension must work at least 20 hours per week for an E-Verify employer in a position directly related to each individual student’s STEM degree. For students who are on a STEM extension, this employment may include: Paid employment. All employment during the STEM extension must be paid employment. Volunteer experience does not count as employment for the purpose of maintaining F-1 status during the STEM extension. Students may work for more than one employer, but all employment must be related to each individual student’s degree program and all employers must be enrolled in E-Verify. Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. The company for whom the student is providing services must be registered with E-Verify.
If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. Students on a STEM extension can start a business and be self-employed. In this situation, the student must register his or her business with E-Verify and work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program. Students on a STEM extension may be employed by an employment agency or consulting firm. The employment agency or consulting firm must be registered with E-Verify, but the third parties contracting with the agency or firm (for which the student is providing services) need not be students on a STEM extension are allowed to volunteer, incidental to their status. This means that volunteer work is allowed but does not count as employment for the purpose of maintaining F-1 status.
Students may work for multiple employers, but all the employers must be enrolled in E-Verify. SEVP recommends that students maintain evidence — for each job — of the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager and a description of the work. If it is not clear from the job description that the work is related to the student’s degree, SEVP highly recommends that the student obtain a signed letter from the student’s supervisor or manager or the employer’s hiring official stating how the student’s degree is related to the work performed.
DSOs should advise students of the options available and on the potential problems associated with violating status by exceeding the period of authorized unemployment. A student who has exceeded the period of unemployment while on post-completion OPT has violated status unless he or she has taken one of the following actions: applied to continue his or her education by a change of level or transferring to another SEVP-certified school; departed the United States; taken action to otherwise maintain legal status.
A student may work with an expired employment authorization document while a STEM extension is pending since it automatically extend a student’s work authorization for up to 180 days while the student’s STEM extension application is pending. A student may change employers while the STEM extension application is pending with USCIS. However, if the STEM extension period has started, the employer must also be an E-Verify employer. The student must report the change in employment to his or her DSO. The DSO must update the student’s employer information in SEVIS and the student should submit an amended Form I-765 to the appropriate USCIS Service Center, providing the new employer’s E-Verify number and a copy of the USCIS receipt notice for the first Form I-765. A brief letter explaining the submission should also be included. There is no fee associated with submitting the amended Form I-765. A student may not travel outside of the United States if his or her employment authorization document expires and the STEM extension request is pending with USCIS. The student must wait to receive the new employment authorization document. A student may change employers during the STEM extension. However, the employer must also be an E-Verify employer. The student must report the change in employment to his or her DSO. (Concluded)
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including the web sites of Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You are also requested to visit our law firm website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters. You can contact Attorney Lal Varghese at (972) 788-0777 or at (972) 788-1555, Fax (972) 556-1109 or at E-Mail: attylal@aol.com for any questions regarding this article free of any charges. We will also do an initial consultation on any immigration related legal matter on the phone free of any charges maximum to a length of five minutes as a special service to the community.
Lal Varghese, Attorney at Law, Dallas
A student must work at least 20 hours per week in a qualifying position to be considered employed. If a student has a variable schedule, within a month, it should average out to at least 20 hours per week. Each day (including weekends) during the period when OPT authorization begins and ends that the student does not have qualifying employment counts as a day of unemployment. OPT authorization begins on the employment start date shown on the student’s EAD. The only exception is that periods of up to 10 days between the end of one job and the beginning of the next job are not included in the calculation of time spent unemployed. This 10 day exception also applies to the first 10 days from the start date on the student’s EAD. All OPT employment, including post-completion OPT, is required by 8 CFR 214.2(f)(10)(ii)(A) to be in a job that is related to the student’s degree program.
For students who are not on a STEM extension, this employment may include: Paid employment. Students may work part time (at least 20 hours per week when on post-completion OPT) or full time. Students may work for more than one employer, but all employment must be related to each individual student’s degree program and for pre-completion OPT cannot exceed the allowed per week cumulative hours. Students, such as musicians and other performing artists, may work for multiple short term employers (gigs). The student should maintain a list of all gigs, the dates and duration. Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. If requested by DHS, students should be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. Self-employed business owner.
Students on OPT may start a business and be self-employed. The student should be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program. Students on post-completion OPT should be able to provide evidence showing they worked an average of at least 20 hours per week while employed by the agency. Students may work as volunteers or unpaid interns, where this practice does not violate any labor laws. The work should be at least 20 hours per week for students on post-completion OPT. A student should be able to provide evidence, acquired from the student’s employer, to verify that he or she worked at least 20 hours per week during the period of employment.
Students authorized for an OPT STEM extension must work at least 20 hours per week for an E-Verify employer in a position directly related to each individual student’s STEM degree. For students who are on a STEM extension, this employment may include: Paid employment. All employment during the STEM extension must be paid employment. Volunteer experience does not count as employment for the purpose of maintaining F-1 status during the STEM extension. Students may work for more than one employer, but all employment must be related to each individual student’s degree program and all employers must be enrolled in E-Verify. Work for hire. This is also commonly referred to as 1099 employment where an individual performs a service based on a contractual relationship rather than an employment relationship. The company for whom the student is providing services must be registered with E-Verify.
If requested by DHS, students must be prepared to provide evidence showing the duration of the contract periods and the name and address of the contracting company. Students on a STEM extension can start a business and be self-employed. In this situation, the student must register his or her business with E-Verify and work full time. The student must be able to prove that he or she has the proper business licenses and is actively engaged in a business related to his or her degree program. Students on a STEM extension may be employed by an employment agency or consulting firm. The employment agency or consulting firm must be registered with E-Verify, but the third parties contracting with the agency or firm (for which the student is providing services) need not be students on a STEM extension are allowed to volunteer, incidental to their status. This means that volunteer work is allowed but does not count as employment for the purpose of maintaining F-1 status.
Students may work for multiple employers, but all the employers must be enrolled in E-Verify. SEVP recommends that students maintain evidence — for each job — of the position held, proof of the duration of that position, the job title, contact information for the student’s supervisor or manager and a description of the work. If it is not clear from the job description that the work is related to the student’s degree, SEVP highly recommends that the student obtain a signed letter from the student’s supervisor or manager or the employer’s hiring official stating how the student’s degree is related to the work performed.
DSOs should advise students of the options available and on the potential problems associated with violating status by exceeding the period of authorized unemployment. A student who has exceeded the period of unemployment while on post-completion OPT has violated status unless he or she has taken one of the following actions: applied to continue his or her education by a change of level or transferring to another SEVP-certified school; departed the United States; taken action to otherwise maintain legal status.
A student may work with an expired employment authorization document while a STEM extension is pending since it automatically extend a student’s work authorization for up to 180 days while the student’s STEM extension application is pending. A student may change employers while the STEM extension application is pending with USCIS. However, if the STEM extension period has started, the employer must also be an E-Verify employer. The student must report the change in employment to his or her DSO. The DSO must update the student’s employer information in SEVIS and the student should submit an amended Form I-765 to the appropriate USCIS Service Center, providing the new employer’s E-Verify number and a copy of the USCIS receipt notice for the first Form I-765. A brief letter explaining the submission should also be included. There is no fee associated with submitting the amended Form I-765. A student may not travel outside of the United States if his or her employment authorization document expires and the STEM extension request is pending with USCIS. The student must wait to receive the new employment authorization document. A student may change employers during the STEM extension. However, the employer must also be an E-Verify employer. The student must report the change in employment to his or her DSO. (Concluded)
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including the web sites of Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You are also requested to visit our law firm website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com or www.indiaimmigrationusa.blogspot.com for more information about other related immigration matters. You can contact Attorney Lal Varghese at (972) 788-0777 or at (972) 788-1555, Fax (972) 556-1109 or at E-Mail: attylal@aol.com for any questions regarding this article free of any charges. We will also do an initial consultation on any immigration related legal matter on the phone free of any charges maximum to a length of five minutes as a special service to the community.
Cap Count for H-1B and H-2B Workers for Fiscal Year 2010
Lal Varghese, Attorney at Law, Dallas
The word "Cap" refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification. The immigration fiscal year begins from October 1 and ends on September 30 of next year.
The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor's degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will be performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B non-immigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 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. Hence, the actual numbers available for regular H1-B program in a fiscal year is limited to 58,200 visas.
H-1B non-immigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap. Please remember that this does not apply to regular Non Profit organizations like churches, mosques or temples unless they are affiliated to institutions of higher education.
The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master's or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.
USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.
As of May 1, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
An H-1B1 may be also is a national of Chile or Singapore coming to the United States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor's degree or higher (or equivalent) in the specific specialty. The combined statutory limit is 6,800 per year. The cap for H-1B1 for FY2010 has not been reached as of the date of this Update.
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.
The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. As of FY 2010, an H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker's labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and June. The H-2B numerical limit set by Congress per fiscal year is 66,000. Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.
The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training) that is not available in their home countries. The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of March 30, 2009, three of these H-3 visas had been approved with a start date in FY 2009.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including the web sites of Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You are also requested to visit our law firm website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters. You can contact Attorney Lal Varghese at (972) 788-0777 or at (972) 788-1555, Fax (972) 556-1109 or at E-Mail: attylal@aol.com for any questions regarding this article free of any charges. We will also do an initial consultation on any immigration related legal matter on the phone free of any charges maximum to a length of five minutes as a special service to the community.
Lal Varghese, Attorney at Law, Dallas
The word "Cap" refers to annual numerical limitations set by Congress on certain nonimmigrant visa classifications, e.g., H-1B and H-2B. Caps control the number of workers that can be issued a visa in a given fiscal year to enter the United States pursuant to a particular nonimmigrant classification. Caps also control the number of aliens already in the United States that may be authorized to change status to a cap-subject classification. The immigration fiscal year begins from October 1 and ends on September 30 of next year.
The H-1B visa program is used by some U.S. employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor's degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will be performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B non-immigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 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. Hence, the actual numbers available for regular H1-B program in a fiscal year is limited to 58,200 visas.
H-1B non-immigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap. Please remember that this does not apply to regular Non Profit organizations like churches, mosques or temples unless they are affiliated to institutions of higher education.
The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master's or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.
USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.
As of May 1, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
An H-1B1 may be also is a national of Chile or Singapore coming to the United States to work temporarily in a specialty occupation. The law defines an H-1B1 specialty occupation as a position that requires theoretical and practical application of a body of specialized knowledge. The beneficiary must have a bachelor's degree or higher (or equivalent) in the specific specialty. The combined statutory limit is 6,800 per year. The cap for H-1B1 for FY2010 has not been reached as of the date of this Update.
The H-2B visa category allows U.S. employers in industries with peak load, seasonal or intermittent needs to augment their existing labor force with temporary workers. The H-2B visa category also allows U.S. employers to augment their existing labor force when necessary due to a one-time occurrence which necessitates a temporary increase in workers. Typically, H-2B workers fill labor needs in occupational areas such as construction, health care, landscaping, lumber, manufacturing, food service/processing, and resort/hospitality services.
The Save Our Small and Seasonal Businesses Act of 2005 (SOS Act) divided the annual numerical limitations of 66,000 into two halves. As of FY 2010, an H-2B petition may not be filed more than 120 days before the date of the actual need for the H-2B worker's labor/services identified on the labor certification. As a result, USCIS normally begins receiving H-2B petitions with employment start dates in October and June. The H-2B numerical limit set by Congress per fiscal year is 66,000. Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the numerical limit. An alien who changes nonimmigrant status to H-2B is counted against the annual H-2B cap.
The H-3 nonimmigrant visa category is for aliens who are coming temporarily to the U.S. to receive training (other than graduate medical education or training) that is not available in their home countries. The training may be provided by a business entity, academic, or vocational institute. The H-3 nonimmigrant visa category also includes aliens who are coming temporarily to the U.S. to participate in a special education training program for children with physical, mental, or emotional disabilities. There is a limit of 50 visas per fiscal year allocated to H-3 aliens participating in special education training programs. As of March 30, 2009, three of these H-3 visas had been approved with a start date in FY 2009.
Disclaimer: Lal Varghese, Attorney at Law does not claim authorship for above referenced information. Lal Varghese, Attorney at Law or the publisher is not responsible or liable for anything stated above, since it is generalized information about the subject matters collected from various sources including the web sites of Department of Homeland Security, Department of Justice, State Department, Federal Register, and American Immigration Lawyer’s Association (AILA) Advocacy Center, and other legal sources. For individual cases and specific questions you are advised to consult an attorney of your choice or contact the agencies mentioned above. You are also requested to visit our law firm website at: www.indiaimmigrationusa.com or www.indiaimmigrationusa@yahoogroups.com for more information about other related immigration matters. You can contact Attorney Lal Varghese at (972) 788-0777 or at (972) 788-1555, Fax (972) 556-1109 or at E-Mail: attylal@aol.com for any questions regarding this article free of any charges. We will also do an initial consultation on any immigration related legal matter on the phone free of any charges maximum to a length of five minutes as a special service to the community.
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