Alerts
June 24, 2004
- The Department of State will no longer revalidate
temporary work visas at the National Visa Center in St. Louis Missouri.
The Department of State has reported that it will no longer revalidate
temporary work visas (C, E, H, I, L, O, and P) at the National Visa
Center in St. Louis Missouri. This only means that visa renewals can
be submitted to CIS, but once approved, the foreign national must go
outside of the country to stamp their passport.
This does not affect foreign nationals in line for permanent residency,
nor does it affect temporary visa holders who have no desire to travel
outside of the United States.
The Department of State offered the visa revalidation program to foreign
nationals as a way for foreign nationals to not have to travel back
to their home countries and attend an interview at their home consulate.
May 6, 2004
- Visa Revalidation Service Ends on October 2004
The requirement for all visas to include a biometric identifier, specifically
fingerprints, by October 2004 WILL ULTIMATELY MEAN THE END OF THE DOMESTIC
VISA REVALIDATION SERVICE. Unlike posts abroad, the revalidation unit
is not equipped to interview or fingerprint visa applicants.
Based on current processing times of approximately 10-12 weeks, it
would be advisable to submit all revalidation applications by summer
of 2004 to ensure the adjudication of the application. The department
of State (DOS) cannot issue non-biometric visas after the October deadline.
February 17, 2004 - H1-B Cap reached
for 2004
The H1-B visa allows foreign professionals (university graduates and/
or those with equivalent experience) to work in the United States for
a specific employer for a specified period of time.
Since October 1, 2003, the maximum number of H1-B visas issued annually
was reduced from 195,000 to 65,000.
On February 17, 2004, the USCIS announced that enough cases were in
the
"pipeline" to exceed the H-1B cap for fiscal year 2004
Petitions for aliens already in H-1B status who are changing employer,
taking a second job, changing the terms of employment, or extending
their stay can still be filed and are cap exempt.
Also, petitions can still be filed for new employment by institutions
of higher education, nonprofit research organizations and governmental
research organizations.
A reserved number of H1Bs were set aside for nationals of Singapore
and Chile. Employers can continue petitioning for nationals of both
countries.
Petitions for new H-1B employment - subject to the cap – can
be filed after April 1st by asking for a start date of October 1, 2004,
the beginning of the new fiscal year.
If you were considering a change of status to H1-B, contact us right
away; we may help you find alternative strategies and ensure that you
don’t violate your status until the beginning of the next fiscal
year.
January
23, 2004
LULAC/ CSS / LIFE
vs. INS, nationwide class action cases for amnesty for immigrants have
received federal court approval. Over 150,000 undocumented immigrants
have one year starting on May 2004 to apply for lawful resident status.
They have been waiting for this settlement since 1986, when president
Reagan signed a one time amnesty program, where aliens who had resided
in the US since prior to 1982 were eligible. The lawsuit challenged
an INS rule making those who had briefly traveled abroad during the
period of required residence ineligible for the program; Congress had
permitted such brief trips, but the INS had turned away those applicants
who had briefly left the country.
Bander and Associates P.A. is ready to assist you with your LULAC/ CSS
/ LIFE adjustment.
Believing that every individual who sincerely wants to become a contributing
member of the South Florida community deserves assistance in doing so,
Bander and Associates P.A. puts its famous tenacity-as well as its heart
- into helping people achieve the American Dream.
December
2, 2003 - National Security Entry Exit Registration System (NSEERS)
Suspended
The National Security Entry
Exit Registration System (NSEERS), created after the September 11 terror
attacks, is now suspended.
It required men and boys
from Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia,
Iran, Iraq, Jordan, Kuwait, Libya, Lebanon, Morocco, North Korea, Oman,
Pakistan, Qatar, Somalia, Saudi Arabia, Sudan, Syria, Tunisia, United
Arab Emirates, and Yemen to register with the government, being fingerprinted,
photographed and interviewed at US immigration offices.
Instead of NSEERS, a new,
broader program called US-VISIT is set to start on January 5th, 2004.
At the port of entry, every US visitor on tourist, business and student
visas, regardless of his or her nationality, will be digitally photographed
and fingerprinted.
NSEERS registrants are no
longer required to re-register every year; neither is the 30/40 day
follow up interview still mandatory. In place of the previous requirements,
the new rule will allow USCIS, as a matter of discretion, to notify individual
nonimmigrant visitors subject to NSEERS registration to appear for one
or more additional continuing registration interviews.
Persons who are or were
registered and who remain in the U.S. for 30 days or more continue subject
to departure registration and are required to report change of address,
employment or educational institution within 10 days of the change.
October 1st,
2003 - Lower fees and lower cap for H1-B
The H1-B visa allows foreign professionals (university graduates and/ or those with equivalent experience) to work in the United States for a specific employer for a determined period of time.
Since October 1, 2003, the maximum number of H1-B issued annually was reduced from 195,000 to 65,000.
The good news is that the total filing fee for applications is now $130 instead of $1,130.
Unfortunately, we do not
believe that this lower fee will be a permanent change, so the best
idea is to get into action as soon as possible.
You can file an H-1b application as early as six months in advance. Filing as soon as possible is also recommendable because of the new lower cap;
if you wait for too long, you might be unable to do it until the next fiscal year.
Also, if your H1-B is set to expire anytime in the next six months, you could file the petition immediately, assuring savings of $1000.
