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Category Archives: Work Visa

News regarding U.S. Embassy in Chennai, India

Nationals of Brazil and China are recipients of a new policy enacted by the State Department that they are now welcome to visit the U.S. The State Department has enacted this new policy because it has realized that more visitors from China and Brazil mean more American jobs.

In Brazil, consular officers have issued 59 % more visitor visas this year than they did last year. This means that 555,000 visitor visas were issued during a period of time in the year of 2012, while only 350,000 visas were issued last year during the same period of time in Brazil. New Consulates were also opened in Belo Horizonte and Porto Alegre.

In China, the consular officers have issued 46 % more visitor visas than they did last year for the same amount of time. The State Department is now also considering adding Visa services in Wuhan, China.

In addition, the wait times for the application processed have also been drastically reduced. In Brazil, the wait times have been reduced to less than two weeks for their visa appointments. In China, the wait times have been reduced to five days (yes, 5 days) for an appointment at the U.S. Consulates in China.

The above is great news for Americans, since these tourists have money to spend at our local businesses, shops, restaurants, etc. We welcome this new policy.

CBP has issued a Practice Pointer for TN Visas available to Canadians

CBP is short for Customs and Border Patrol. CBP has recently issued a practice pointer useful for Canadians wanting to enter the U.S. with a TN visa under NAFTA. NAFTA, which is the North American Free Trade Agreement, allows Canadians and Mexicans to be eligible for a TN nonimmigrant visa, if they have an employer willing to sponsor them for a professional position.

Citizens of Canada can make an application for a TN visa at a U.S. class port of entry, at a U.S. pre-clearance or pre-flight station, or a U.S. airport handling international traffic. Usually the applicant must submit the filing fee, copies of all relevant degrees showing he or she is eligible for the professional position, and an offer of employment letter from his or her sponsoring employer on original company letter. The Offer of employment letter must specify the offered job, rate of pay, and basic duties required under that offered job. The letter must also state the length of admission requested. Usually proof that the applicant will NOT immigrate to the U.S. permanently should be provided as well.

A TN visa can be issued for a maximum of three years. However, the length of the visa cannot exceed the applicant’s passport validity date. In other words, if the applicant wants a three year visa, then his or her passport must be valid for three years or more to qualify.

If the Canadian national is already in the U.S. and has not overstayed his or her visitor visa (up to 6 moths allowed), then he or she can file a change of status request with USCIS instead of traveling in order to obtain a TN visa.

Some positions that qualify for a TN visa include engineers, accountants, architects, economists, social worker, and many other professional level positions.

Current H-1B Visa Numbers Still Available

As most applicants for H-1B work visas probably know, they were able to file their H-1B petitions starting on April 1, 2011. As of May 13, 2011, USCIS has received on or about 11,200 regular cap H-1B cases and on or about 7,900 advanced cap (i.e. U.S. earned Master’s) H-1B cases. The USCIS allows 65,000 regular cap cases and 20,000 advanced cap cases for each year before they begin refusing to accept H-1B petitions.

As you can see, H-1B seekers that are still looking for sponsors have some time left for them to find a sponsor and submit the voluminous paperwork required to obtain an H-1B visa.

Extensions for H-1B Visas Beyond the 6 years

As most applicants that have H-1B work visas know, there is a 6 year limit on getting extensions. There is an exception to the six years limit that applicants can use to get 7th year extensions and additional extensions in one year increments. Basically, the applicant must have an Application for Alien Labor Certification or the PERM application filed on his or her behalf at least one year in advance of the 6th year deadline.

What this means is that if the 6 year ends on March 31, 2011, then the PERM must have been filed with a priority date of March 30, 2010 or before. If this is the case and the PERM has been certified or is pending, then USCIS will extend in one year increments.
However, is there any way to get an extension for beyond the 6 years where the extension is for more than one year at a time? Yes, there is and our law firm recently received a THREE (3) year H-1B extension for a client that has been on an H-1B for 7 years.

Under AC 21 section 104 (c ), there is a provision that states that if the form I-140 is approved, then “per country” limitations USCIS can approve the H-1B visa extension for 3 years at a time. This is a great bonus, since most extensions for H-1B’s are for one year at a time, and given this environment of strict enforcement by USCIS, many clients feel uncertain if they must receive extensions for only 1 year at a time.

Recently, our office is happy to announce that while USCIS may consider the “per country” limitation to apply only to certain countries like India, Mexico and Philippines, our office was able to obtain a 3 year H-1B visa extension for a client that has had the H-1B for over 7 years already. This client is not from the list of countries of Mexico, India, China or Philippines. He now has received a 3 year extension under AC 21 Section 104 (c ).

This is important news, because even when I prepared the case before filing, I checked with several other experienced immigration attorneys, and there is no clear explanation by USCIS of whether the 3 year provision under AC 21 section 104 (c ) applies to only certain countries where the backlogs are greatest or all the countries that are affected by the backlogs in general. In the above case, our law firm was able to get the extension for a country that is not listed on the specific list.

H-1B Cap has been finally Reached

Finally USCIS has announced that the visas available for 2011 have all been used and applicants wanting to file H-1B’s must now wait until April 1st to file their H-1B visa. USCIS allows 65,000 H-1B visas per year and an additional 20,000 visas for applicants with an U.S. obtained Master’s degree. USCIS announced on January 26, 2011 that they have received a sufficient number of cases to reach the statutory cap for year 2011.

Although new applicants for H-1B visas can file the H-1B petition on April 1st, 2011, the actual H-1B validity period cannot and will not start until October 1, 2011. What this means is that an applicant in the U.S. applying for an H-1B visa for the first time must request a start date of October 1, 2011, and for immigration purposes this means he or she must have another visa valid until that day or else USCIS will not approve the change of status request. Applicants on a student Visa, however, are exempt from this requirement under certain circumstances as per the “cap-gap” regulations. You must consult an experienced immigration lawyer to make sure that not only is your H-1B visa properly filed, but also that the dates of validity are correct and per USCIS regulations.

H-1B’s are Still Available for Fiscal Year 2010

Amazingly, there are still H-1B visa numbers available for the fiscal year of 2010. Currently, USCIS has received 58, 700 H-1B’s as of January 7th, 2011. There are a total of 65,000 regular cap H-1B visas available per fiscal year. So for the year of 2010, there are still about 6, 300 H-1B visa numbers available before the H-1B’s run out.

There are an additional 20,000 H-1B visas available per year for applicants who have received a master’s degree from a U.S. institution, but for the fiscal year of 2010, the USCIS has already received 20,000 of these cases.

It is important to note that once the remaining H-1B visa numbers are used up, a new batch of 65,000 H-1B visas will become available as of October 1, 2011 to start the fiscal year of 2011. If the H-1B visa numbers are all used up for 2010 by April 1, 2011, then the first day of filing H-1B’s for the fiscal year of 2011 will be April 1, 2011.
As noted in my previous blogs, ALL H-1B visas would usually be taken within the first few days of filing. This certainly did not take place for 2010, as shown above. This is probably due to the slow economy.

H-1B visas are a three year work visa available for graduates with baccalaureate degrees in a specific professional area of expertise AND there is a job offer from a U.S. company that is related to the applicant’s previous education. Some classic cases of H-1B eligible employment positions are accountants, market research analysts, systems analysts and other IT positions that require a minimum of a bachelor’s in computer science for entry into the position, engineers, lawyers, foreign pharmacists if they meet some qualifications, quality control executives, sales managers, etc. There are many more H-1B caliber positions, and so the above list is not a complete list of possible H-1B cases.

H-1B CAP TOTALS

As of November 5, 2010, the H-1B cases that have been received at the USCIS office are 46,800. There are a total of 65,000 visas available.

Also the USCIS has received 17,200 of the 20,000 allowed H-1B visas for US earned masters.