Tuesday, March 11, 2014

April 2014 Visa Bulletin

April 2014 Visa Bulletin: EB-3 Cut-Off Dates Move Ahead for Most Countries; Modest Advancement for EB-2 China; No Change for EB-2 and EB-3 India or F-2A Mexico


According to the State Department’s April Visa Bulletin, the EB-3 subcategories for professionals and skilled workers and for other workers will advance by one month for most countries, to October 1, 2012, and for the Philippines by six weeks to June 15, 2007. EB-3 India will remain at September 15, 2003. 

The priority date cut-off for EB-2 China will advance by three weeks to March 8, 2009 next month; but EB-2 India will remain at November 15, 2004. 

In the family-based F-2A category for the spouses and minor children of lawful permanent residents, the cutoff date will remain at September 8, 2013 for all countries except for Mexico, which will remain at April 15, 2012. 

April 2014 Priority Date Cut-Offs 
In April 2014, EB immigrant visa priority date cut-offs will be: 

EB-1 Current for all countries. 

EB-2 China: March 8, 2009 
India: November 15, 2004 
All other countries: Current 

EB-3 Professionals and Skilled Workers China: October 1, 2012 
India: September 15, 2003 
Philippines: June 15, 2007 
All other countries: October 1, 2012 

EB-3 Other Workers China: October 1, 2012 
India: September 15, 2003 
Philippines: June 15, 2007 
All other countries: October 1, 2012 

EB-5 Current for all countries and subcategories.

Thursday, March 6, 2014

Georgia Now Issues Driver's Licenses to Non-U.S. Citizens with Pending Extensions

Beginning January 1, 2014, Georgia will issue temporary driver’s licenses to non-U.S. citizen applicants who have filed a request for an extension of their immigration status with the U.S. Citizenship and Immigration Services (“USCIS”). 

Previously, Georgia required applicants to present an original I-797, Approval Notice evidencing an extension of status before it would issue a driver’s license renewal. 

Now, any applicant whose driver’s license will expire within 30 days or has already expired can provide the Georgia Department of Driver Services an original I-797, Receipt Notice, evidencing his or her extension of status request is pending with USCIS to obtain a temporary license valid for 120 days from the date of expiration of the applicant’s current license.

Documents Required for Temporary License: 
  • Receipt notice issued by USCIS
  • Copy of petition requesting extension of status
  • 2 proofs of address
  • Original passport
  • Original Social Security card
  • I-94 arrival record 

Cost: $50

Duration of License: 120 days

Georgia DDS Websitehttp://www.dds.ga.gov/drivers/dldata.aspx?con=1741471757&ty=dl 
At this time of this posting, the Georgia Department of Driver Services has not yet updated its website with the acceptable documentation to evidence a pending extension. As such, applicants may want to carry a copy of the newly passed legislation when requesting a temporary driver’s license based on a pending extension.


See original post here: 
Georgia Now Issues Driver's Licenses to Non-U.S. Citizens with Pending Extensions


Wednesday, March 5, 2014

Department of State's Visa Wizard

The U.S. Department of State has a new tool for foreign national visitors. The Visa Wizard is a guide to help determine which visa category might be appropriate for travel to the US. 



Tuesday, March 4, 2014

Chile Joins Visa Waiver Program

From Fragomen.com, 03/03/2014


Chile has become a member of the Visa Waiver Program (VWP), the Department of Homeland Security has announced. Beginning on May 1, 2014, eligible Chilean e-passport holders may use the VWP to make short trips for business or tourism, without the need to obtain a visa, provided that they meet program requirements. 

The Visa Waiver Program allows foreign nationals from designated countries to enter the United States for business or tourism for up to 90 days without the need to obtain a B-1/B-2 visitor visa from a U.S. consulate. Chile joins 37 other VWP members: Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, South Korea, Spain, Sweden, Switzerland, Taiwan, and the United Kingdom.



Traveling Under the Visa Waiver Program 
Like all other VWP travelers, Chilean citizens must register and obtain approval to travel from the Electronic System for Travel Authorization (ESTA) in order to make visa-free visits to the United States. They must also carry an e-passport, which the Chilean government began issuing in September 2013. An e-passport is embedded with an integrated computer chip containing the traveler’s biographic data. 

ESTA approval should be sought at least 72 hours before travel. If approved, the traveler’s ESTA registration will be valid for two years or until the expiration of his or her passport, whichever is earlier. The authorization may be used for multiple trips to the United States during the validity period. Foreign nationals who are denied ESTA registration must apply for a B-1/B-2 visa in order to visit the United States for business or tourism. 

What This Means for Employers and Foreign Nationals
Chile’s participation in the Visa Waiver Program is welcome news for employers and eligible foreign nationals. It will streamline travel for many, since it will allow eligible Chileans to avoid the processing delays of the B-1 visa application procedure when making short business trips to the United States. 

Travel Advisory for Foreign Students Planning a Change of Status to H-1B

Please note this is information targeted to individuals who will be working in H-1B status at a cap-subject employer!

From Fragomen.com, 03/03/2014

Are you an F-1 student who will be the beneficiary of an H-1B cap petition and change of status for employment starting on October 1, 2014? If so, you will need to be aware of some important issues to consider if you are planning to travel abroad between the filing of your cap petition in early April and an October 1 H-1B employment start date. 

Traveling internationally while you are awaiting a change of status from F-1 to H-1B can pose some significant risks and result in delays, depending on whether you are still completing your studies or optional practical training (OPT) or whether you are in the “cap gap” – the period between the end of your course of study or OPT and October 1. 

If you cannot postpone travel until after October 1, you should be aware that you may not be able to reenter the United States in F-1 status during the months before your H-1B petition takes effect. Instead, you may need to wait outside the United States and apply for an H-1B visa to reenter in time for your H-1B employment start date. If you do decide to travel abroad, you must make sure to have all necessary travel documents and prepare for possible delays at U.S. consulates and ports of entry. 

The following are some frequently asked questions and important tips to consider if you are thinking about leaving the United States before October 1. 

1. Once my H-1B petition and application to change status to H-1B have been filed and are pending with USCIS, may I travel internationally while they are pending? 

If you leave the United States after your change of status is filed with USCIS but before it is approved by USCIS, you will have to take extra steps to assume your H-1B status on October 1. 

According to a longstanding government policy, if you travel abroad while your H-1B petition and request to change status are being processed, the change of status portion of your case will be considered abandoned. USCIS could still approve the H-1B petition itself, but you would not automatically change to H-1B status on October 1. Instead, you would have to leave the United States again and apply for an H-1B visa at a U.S. consulate or, if otherwise permissible, have your employer submit a new petition to change status to H-1B after your return. If you apply for an H-1B visa abroad, you could be subject to a long wait overseas during the visa application process, which could delay your return to the United States and your ability to begin your H-1B employment on time. See below for more information about the visa application process. 

2. I am an F-1 student who is still in school and I am not applying for optional practical training. After my H-1B petition and application to change status are approved, can I travel abroad before October 1? 

After your change of status is approved but before it takes effect on October 1, you should be able to travel abroad and reenter, as long as your course of study is not finished and you are coming back to the United States to resume your studies. (If you will be finished with school by the time you travel, see Question 3.) 

When you travel, make sure you are carrying a valid passport with a valid F-1 visa stamp and a Form I-20 that is endorsed for travel. If your F-1 visa is no longer valid and you will need to get a new one to reenter in F-1 status, you should expect delays during the visa application process. If you have an approved H-1B petition, it may be difficult for you to demonstrate nonimmigrant intent, which is a requirement for F-1 students. See Question 7 for more information about these issues. 

3. I will soon be finished with my F-1 course of study and I am not applying for OPT. After my H-1B petition and change of status are approved, will I be able to travel abroad? 

You cannot return to the United States in F-1 status if you travel abroad after your studies are finished. As long as your H-1B petition was filed before your F-1 student status expired, you can remain in the United States during the cap gap period between the end of your F-1 period of stay (including 60-day grace period) and October 1. But an F-1 student who travels abroad during the grace period or the cap gap cannot be readmitted to the United States in F-1 status. If you must leave the United States, you will have to apply for an H-1B visa to return, and will not be able to work until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

4. I am a J-1 exchange visitor who will be the beneficiary of an approved H-1B petition for employment starting October 1, 2014. May I remain in the United States until then? 

It depends. As a J-1 exchange visitor, you are authorized to remain in the United States for the duration of your exchange program, plus a grace period of 30 days. If your J-1 period of stay and grace period end before September 30, 2014, you must depart the United States and apply for an H-1B visa abroad. You are not eligible for a change of status to H-1B because there will be a gap between the end of your period of authorized stay and the day your H-1B petition takes effect. Unlike F-1 students, J-1 exchange visitors are not eligible for cap gap benefits. 

However, if your J-1 period of stay (including grace period) remains valid through the start date of your approved H-1B petition and application to change status to H-1B, you may remain in the United States in J-1 status before your change of status takes effect. 

5. I am an F-1 student whose OPT will expire before October 1. If I travel abroad before October 1, what are the risks? 

If you travel abroad after your OPT has expired, you cannot return to the United States in F-1 status. As long as your H-1B petition was filed before your OPT expired, you can remain in the United States and work during the cap gap period between the end of OPT and October 1. But if you have completed studies and OPT and you travel abroad during the cap gap, you cannot be readmitted to the United States in F-1 status. 

If you must leave the United States, you will have to wait to apply for an H-1B visa to return. You will not be able to work again in the United States until October 1. See Question 7 for more information about H-1B visa application procedures and delays. 

6. I am currently in a valid period of OPT and I have a valid employment authorization document. Is international travel possible once my change of status petition is approved? 

Yes, if you are in valid OPT, have a valid EAD and your change of status to H-1B has been approved before you leave, you should be able to return to the United States in F-1 status, as long as you have the appropriate documents and are able to show visa and immigration officers that you intend to comply with F-1 rules, including having nonimmigrant intent. If your H-1B change of status is approved before you depart the United States, the change of status will take effect on October 1 as long as you have returned to the United States before that day. 

You will need the following documents to reenter in F-1 status: 

  • A valid passport with a valid F-1 visa stamp. If you need to apply for a new F-1 visa stamp to reenter the United States as a student, you should expect delays at the U.S. consulate and at the port of entry (see Question 7 for more details); 
  • A Form I-20 that is endorsed for travel by a designated school official; 
  • A valid EAD. If you are applying for an extension of your OPT on the basis of a degree in a designated science, technology, engineering or mathematics (STEM) field, you should not leave the United States until you receive your new EAD for the extension period; and 
  • A letter from your OPT employer that verifies your employment. You must have an OPT job or job offer before you leave the United States. If you go abroad before you find a job, your OPT period will be terminated and you will not be able to return to the United States unless and until you obtain an H-1B visa.
If you travel abroad while on OPT, caution is advised. In particular, pay attention to the number of days you spend outside the United States, because that time could be counted against the regulatory limit on unemployment during the OPT period. USCIS rules require an F-1 student to have no more than 90 days of unemployment during OPT (or 120 days for F-1s who have received an OPT extension based on a STEM degree). This includes time spent outside the United States, unless international travel takes place during leave that is authorized by your OPT employer or is part of your OPT employment. 

7. Before October 1, I plan to leave the United States and reenter in my F-1 status, but I will need to apply for a new F-1 visa while I am abroad. What should I expect during the visa application process and at the port of entry? 

You should be prepared for possible delays and difficulties when you apply for a new F-1 visa and when you are inspected at the border. 

First, like any visa applicant, you could be required to go through a security clearance before your visa can be issued. If your name, personal details or travel history match or are similar to information in government security databases or travel watch lists, the State Department will not be able to issue a visa until it confirms that you are not the same person as an individual who appears on a security list. Many security clearances get resolved in a matter of weeks, but if you have a common name, your clearance could take several months or longer. If this occurs, your reentry to the United States could be delayed. 

Second, officials at U.S. consulates and the U.S. border may question whether you have nonimmigrant intent, i.e., whether you genuinely intend to return to your home country. Having a foreign residence that you do not intend to abandon is a requirement for F-1 status. If you have an approved H-1B in the system, consular and border officials will know that you have a professional job in the United States – a possible indication of strong ties to the United States. If a consular or border officer questions your intentions, you could have your visa or entry denied or delayed, and may have to wait overseas until you can apply for an H-1B visa to enter and start your H-1B employment. Having a foreign residence is not a requirement for an H-1B visa. 

8. If I decide to leave the United States before October 1, how soon can I apply for my H-1B visa and enter the United States in H-1B status? 

You can generally apply for your visa up to 90 days before your H-1B petition start date, according to State Department rules. If your start date is October 1, 2014, you would be able to apply for your H-1B visa no earlier than July 3, 2014. But procedures differ among U.S. consulates, so you should check with the consulate where you will apply for specific instructions on when you can submit your visa application. Contact information for U.S. embassies and consulates is available at http://usembassy.gov/.  

Once you have applied for your H-1B visa, be prepared for a possible security clearance. As discussed in Question 7, if your name, personal details or travel history match information in government security databases or on travel watch lists, the State Department will not be able to issue your visa until it confirms that you are not the same person as a listed individual. A security clearance may also be required if you will work in high technology, engineering or the sciences, or with products or services that have both commercial and military applications (known as "dual use" technologies). Security clearances typically get resolved in a matter of weeks, but can take several months or longer depending on the circumstances. 

Once you have received your H-1B visa, you may enter the United States as early as September 21, 2014 for employment that starts on October 1. The extra ten days allows you to get settled in the United States, but you cannot do H-1B work during this time. You are not authorized to start your H-1B employment until your actual petition start date.