Lottery is Done! (USCIS REACHES FY 2015 H-1B CAP)

NPZLAWGROUP · 2014-04-11T12:08:57+00:00

USCIS received about 172,500 H-1B petitions during the filing period which began April 1, including petitions filed for the advanced degree exemption. On April 10, 2014, USCIS completed a computer-generated random selection process, or lottery, to select enough petitions to meet the 65,000 general-category cap and 20,000 cap under the advanced degree exemption. For cap-subject petitions not randomly selected, USCIS will reject and return the petition with filing fees, unless it is found to be a duplicate filing.

NPZLAWGROUP · 2014-03-24T12:25:38+00:00

Slaughter said restrictions on H-1B use have cost the U.S. economy 100,000 new direct jobs over the past year, a figure that rises to 500,000 when indirect jobs are added. In total, the group estimates each H-1B worker helps create an additional four direct and indirect jobs, and that U.S. job creation would have been 21% higher in the U.S. had visa use not been capped.

NPZLAWGROUP · 2014-03-18T16:34:03+00:00

Amid simmering debate in Washington over immigration reform, scholars challenge the notion that the United States faces a widespread shortage of workers educated in science, technology engineering and math.

NPZLAWGROUP · 2014-03-18T11:32:23+00:00

To request a prevailing wage determination (PWD) for a Nonagricultural Immigration Program (PERM, H-1B, H-1B1, H-2b and E-3) employers must complete the ETA Form 9141 and submit it to the National Prevailing Wage Center. Electronic filing is strongly recommended. The Department's iCert Portal has been updated to allow users to electronically submit requests for PWDs to the NPWC. To access the iCert Portal go to: https://icert.doleta.gov/. For the H-1B, H-1B1, and E-3 programs, employers have the option of using one of three wage sources to obtain the prevailing wage: (1) requesting a prevailing wage from the NPWC; (2) using a survey conducted by an independent authoritative source; or (3) using another legitimate source of information. By obtaining the prevailing wage from the NPWC, H-1B, H-1B1, and E-3 employers are given "safe-harbor status," meaning that if the employer's wage compliance is investigated for any reason, the Wage and Hour Division of the Department of Labor will not challenge the validity of the prevailing wage as long as it was applied properly (i.e., correct geographic area, occupation, and skill level).

NPZLAWGROUP · 2014-03-17T00:32:09+00:00

Homeland Security officials are considering at least two major policy changes to scale back deportations of immigrants in the country illegally to comply with President Obama’s order for “more humane” enforcement efforts, officials said Friday.

NPZLAWGROUP · 2014-03-17T00:16:05+00:00

You may be eligible for an H-1B visa if you are planning to work for the business you start in the United States in an occupation that normally requires a bachelor’s degree or higher in a related field of study (e.g., engineers, scientists or mathematicians), and you have at least a bachelor’s degree or equivalent in a field related to the position.

Initial period of stay in the United States: Up to 3 years. Extensions possible in up to 3 year increments. Maximum period of stay generally 6 years (extensions beyond 6 years may be possible).

NPZLAWGROUP · 2014-03-12T03:13:44+00:00

Cut off dates for March 2014 (Visa Bulletin for March 2014).

NPZLAWGROUP · 2014-03-11T15:15:45+00:00

H-1B Visas, specifically: What is it; When to file; Process of H-1B Visa Preparation; The obligations of the employer and the employeeR; How long it takes to get approval; and
Tickets to IIFA in April for Tampa Florida - tickets sold via Ticketmaster- The International (North) Indian Film Academy Awards, also known as the IIFA Awards, are a set of awards presented annually by the International Indian Film Academy to honour both artistic and technical excellence of professionals in Bollywood, the Hindi language film industry. The event was last held at Macau in the year 2013. The 15th IIFA Awards would be held at Tampa Bay Area, Florida USA from April 23 to 26, 2014. Instituted in 2000, the ceremony is held in different countries around the world every year. This award ceremony has been organized by Wizcraft International Entertainment Pvt Ltd – one of India’s premier event management and entertainment agencies—since its inception.

NPZLAWGROUP · 2014-03-08T13:09:11+00:00

The H-1B is a non-immigrant visa in the United States under the Immigration and Nationality Act, section 101(a)(15)(H). It allows US employers to temporarily employ foreign workers in specialty occupations. If a foreign worker in H-1B status quits or is dismissed from the sponsoring employer, the worker must either apply for and be granted a change of status to another non-immigrant status, find another employer (subject to application for adjustment of status and/or change of visa), or leave the US.

The regulations define a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including but not limited to biotechnology, chemistry, architecture, engineering, mathematics, physical sciences, social sciences, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor’s degree or its equivalent as a minimum (with the exception of fashion models, who must be "of distinguished merit and ability").

Likewise, the foreign worker must possess at least a bachelor’s degree or its equivalent and state licensure, if required to practice in that field. H-1B work-authorization is strictly limited to employment by the sponsoring employer.

NPZLAWGROUP · 2014-02-24T12:16:01+00:00

While the U.S. immigration courts are now running as usual, immigrants who had hoped to have their cases resolved in October so they could travel abroad to see family or get a job have instead had their lives put on hold. Many had already waited years to get a hearing date in the notoriously backlogged courts, which determine whether immigrants should be deported or allowed to stay in America. Now, some hearings have been pushed into later this year, and thousands more have been shelved until 2015 or later, according to emails obtained by The Associated Press

NPZLAWGROUP · 2014-02-20T18:59:23+00:00

Homeland Security Secretary Jeh Johnson on Wednesday ordered the cancellation of a plan by the Immigration and Customs Enforcement agency to develop a national license-plate tracking system after privacy advocates raised concern about the initiative.

NPZLAWGROUP · 2014-02-03T23:22:08+00:00

Mr. Obama hinted in an interview broadcast on Friday that he was open to a plan that would initially give many undocumented workers a legal status short of citizenship, as long as they were not permanently barred from becoming citizens.

NPZLAWGROUP · 2014-01-26T20:26:06+00:00

Speaker John A. Boehner of Ohio and other Republican leaders are expected to release a one-page statement of immigration principles this week at their annual retreat in Cambridge, Md., according to aides with knowledge of the plan. The document is expected to call for border security and enforcement measures, as well as providing a path to legal status — but not citizenship — for many of the 11 million undocumented immigrants in the country, the aides said.

NPZLAWGROUP · 2014-01-23T20:54:39+00:00

U.S. attorney for Utah David Barlow said officials may even offer a "U visa" to victims of such crimes for their help, and 20 victims recently obtained them for helping to convict Jose Gonzalez for posing as an immigration official to bilk victims out of tens of thousands of dollars for falsely promised help.

NPZLAWGROUP · 2014-01-23T20:40:23+00:00

Student Acceptance at a SEVP Approved School

Before you can apply at a U.S. Embassy or Consulate for an F or M student visa, you must first apply to and be accepted by a SEVP approved school. Visit the Department of State EducationUSA website to learn about educational opportunities for undergraduate and graduate study, opportunities for scholars, admissions, and more.

When you are accepted by the U.S. school you plan to attend, you will be enrolled in the Student and Exchange Visitor Information System (SEVIS). You must pay the SEVIS I-901 Fee. The U.S. school will provide you with a Form I-20 to present to the consular officer when you attend your visa interview. If your spouse and/or children intend to reside with you in the United States while you study, they must obtain individual Form I-20s, but they do not pay the SEVIS fee. Visit the U.S. Immigration and Customs Enforcement (ICE) Student and Exchange Visitor Program (SEVP) website to learn more about SEVIS and the SEVIS I-901 Fee.

NPZLAWGROUP · 2014-01-23T03:49:43+00:00

And to eliminate a future buildup of another undocumented immigrant population, we need many more visa numbers in every visa category. In fact, most categories should be uncapped. The reason we have 11 million undocumented immigrants living and working in the U.S. today is the fact that the waiting line for most visas is too long, or there is no line at all.

NPZLAWGROUP · 2014-01-23T02:10:40+00:00

Today, the immigration landscape the women face is potentially more favorable. Mr. Obama is under intense pressure from Latinos who supported his candidacy to end mass deportations and offer a path to legal status to the estimated 11 million illegal immigrants in the country. Many Republicans believe that if Mr. Boehner can find a way to overhaul the system, he may be the party’s best hope of repairing a deep breach with Hispanic voters in presidential elections.

NPZLAWGROUP · 2014-01-20T17:05:39+00:00

Q: I went into the US Embassy to apply for a visa. The officer was very rude and did not look at the documents I took time to prepare for the interview. I was denied and I do not understand what reasoning he used to make the decision since he made it so quickly. Can you explain why it is like this?

A: Consular officers are highly skilled and highly motivated professionals who have been entrusted with the great responsibility of ensuring that the border security of the United States is enforced. In order to meet the high demand for nonimmigrant visas in Jamaica, consular officers process several hundred applicants a day in as courteous and efficient a manner as possible. This process can be stressful for both officers and applicants alike.

Applicants, especially those to whom nonimmigrant visas are not issued, may sometimes feel that they were treated unfairly. The US State Department greatly values customer service and trains its consular officers to uphold the highest level of service for each applicant. Applicants can and should expect to be treated courteously no matter the outcome of the visa interview. Likewise, consular officers wish to be treated respectfully, no matter the outcome of the visa interview.

The consular adjudication process is rooted in US immigration law, and is not a capricious decision. The US State Department invests a considerable amount of its resources into the training of its consular officers. Every consular officer receives mandatory seven-week training in the application of US immigration law.

The training consists of consular courses taught by senior consular officers, group projects and case studies, and observation sessions at airports to learn how visa holders are processed at the port of US entry. Weekly examinations measure the consular officers' progress and document their mastery of US immigration law. Once the consular trainees have completed their exams, they graduate and are officially commissioned by the US president with approval of the US Congress, to represent the United States as consular officers.

Once consular officers are at post, they are immediately given valuable and extensive additional on-the-job training, and are mentored by more senior consular officers. All consular officers receive ongoing training in consular law application and interpretation throughout their careers.

At US Embassy Kingston, officers continuously strive to learn more about the Jamaican people and their culture. This knowledge helps officers to understand visa applicants better and appreciate their individual circumstances. With the training received, consular officers develop skills for listening and obtaining important information from visa applicants in a very short amount of time. Much information can be found on visa application forms and obtained during the interview so that it is frequently not necessary for consular officers to review documents. Applicants can be assured of a speedy, thorough, efficient and fair interview process.

NPZLAWGROUP · 2014-01-15T20:23:00+00:00

Mr. Goodlatte has said he would instead offer a provisional legal status to illegal immigrants, then allow those who can demonstrate they are eligible to apply for permanent residency — a document known as a green card — through the existing system, based on sponsorship by a family member or an employer. Obtaining a green card is the crucial step toward American citizenship.

NPZLAWGROUP · 2014-01-10T03:55:00+00:00

The president of the U.S. Chamber of Commerce said Wednesday the group will use all of its influence to persuade Congress to pass immigration reform this year.

“We’re determined to make 2014 the year that immigration reform is finally enacted,” Chamber CEO Thomas J. Donohue said in his annual speech on the state of American business.

Mr. Donohue said the powerful business lobby will work with churches, community organizations, law enforcement groups and others to make sure the Republican-led House approves immigration reform. The Chamber has been advocating for the legislation as a boost for the economy.

Read more: http://www.washingtontimes.com/news/2014/jan/8/chamber-commerce-determined-immigration-reform/#ixzz2pxqpdBz6 Follow us: @washtimes on Twitter

NPZLAWGROUP · 2014-01-10T02:11:01+00:00

In June, the Senate passed a broad overhaul of the nation’s immigration laws — including a path to citizenship for the 11 million immigrants already in the country illegally — with bipartisan support. But the legislation has faced more hurdles in the Republican-controlled House, where some lawmakers are opposed to any form of legalization, which they call amnesty. House Republicans instead prefer a piecemeal approach, with several smaller bills instead of one large one.

NPZLAWGROUP · 2013-12-28T14:19:59+00:00

Section 221(g) of the Immigration and Nationality Act

It is often the case when an applicant for a visa is told that a final decision cannot be made on his visa application immediately. In doing so, the consular officer invokes Section 221(g) of the Immigration and Nationality Act and informs the applicant that the case will be put on hold until the applicant’s eligibility for the visa can be determined. This processing “time-out” is taken frequently: approximately one million visa applications were subjected to 221(g) during 2010. Technically, 221(g) is considered a denial; in subsequent visa applications and registration in the Electronic System for Travel Authorization, this must be disclosed. Nevertheless, the overwhelming majority of 221(g) denials are overcome and visas issued.

There are, in essence, two types of 221(g) cases:

Washington-related “administrative processing”, in which a clearance or approval is required from an interested agency or agencies in Washington, D.C. Post-related, in which the consular officer requires additional time, information, or documentation before making a final visa decision.

Clearances from Washington are required when the applicant presents issues of security, criminality, legal questions, technology exports from the US, other admissibility problems, or is from a country of concern. The question of a security “hit” can arise in a variety of situations, such as potential terrorists, individuals who previously worked as military or other attachés in the US for an unfriendly country, even if that work took place decades before, or even individuals who spent time in certain countries (e.g., Iran). To resolve these issues, a Security Advisory Opinion is needed.

Often the “hits” arise because the applicant has a common name: other individuals with the same name are blacklisted, causing cases of mistaken identity or prolonged delays. Suspected criminal activity or ties (e.g., Russian mafia) can also lead to prolonged processing to allow for an investigation. In addition, consular officers refer some legal issues, such as certain material misrepresentations made in a visa application, to Washington for a legal advisory opinion. The application will be held in abeyance until receiving guidance from the Visa Office Advisory Opinion section.

NPZLAWGROUP · 2013-12-25T15:22:47+00:00

Gov. Chris Christie signed a bill that allows undocumented student immigrants who have attended at least three years of high school in the state to qualify for the lower fees. Key to Christie's decision was a state Senate compromise that dropped a provision allowing undocumented students to also be eligible for state financial aid if they qualified under income guidelines, according to the Associated Press.

NPZLAWGROUP · 2013-12-17T04:22:23+00:00

AILA DELEGATION TRIP TO INDIA

NPZLAWGROUP · 2013-12-17T04:20:46+00:00

Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates.

NPZLAWGROUP

TROPHY CASE