Claris Law Legal Blogging Community

Editor: Bob Kraft
Profession: Attorney at Law

Visas for Illegal Immigrant Crime Victims Debated

Category: Temporary Visas

Two little-known types of immigrant visas are the T and the U visas. The T visa is for people innocently involved in human trafficking, and the U visa is for victims of crime. The U visa's basic purpose is to make it easier for police to prosecute those who commit violence.

Both types of visas were discussed in a recent Dallas Morning News article. Here are excerpts from the article, beginning with a discussion of the U visa:

The visas began flowing only 18 months ago and the majority have gone to domestic violence victims, say officials from U.S. Citizenship and Immigration Services.

Under the Victims of Trafficking and Violence Protection Act, up to 10,000 such visas are authorized annually. Illegal immigrants may receive such visas if they've suffered "substantial" physical or mental abuse from criminal activity and, among other things, a law enforcement agency certifies they have information on criminal activity. The visa can lead to permanent legal residency status.

The issuing of U visas comes at a tense time in the national immigration debate, amid a polarizing crackdown and potentially broader policing powers against immigrants in Arizona. And it illuminates a prickly point of justice: Should the federal government give illegal immigrants special treatment for a societal good such as fighting violent crime?

The Victims of Trafficking and Violence Protection Act created both the U visa and the T visa. They're near the end of a complex network of visas, A through V.

T visas, for those involved in human trafficking, began flowing in 2002, but the flow of U visas was delayed as regulations on issuance were hammered out. In the last three full fiscal years, only about 250 to 300 T visas have been approved of the maximum annual allotment of 5,000.

In the last fiscal year, ending in September 2009, the federal government authorized 5,825 U visas. In the first five months of this fiscal year, nearly 5,000 such visas were given. There are about 6,600 visa applications pending, and the 10,000 allotment is expected to be reached as early as next month, said Maria Elena Garcia Upson, a spokeswoman for the immigration agency.

Extended or Not?

Category: Temporary Visas

U Visas: extended until February 1, 2010.
 
U.S. Citizenship and Immigration Services (USCIS) extended the filing deadline for temporary benefits of the U Non-immigrant Interim Relief Program. The temporary benefits program was set to expire December 31, 2009 but has been recently extended until February 1, 2010.
 
H-1C Visas: expired December 21, 2009
 
USCIS accepted H-1C non-immigrant temporary workers petitions expired December 21, 2009. The H-1C classification authorized up to 500 nurses annually to work in eligible health care facilities. Although the visa classification expired, nurses currently in H-1C status will not be affected.
 
For new updates or changes, please visit the USCIS Web site.

Apply for Advance Permission to Enter U.S. As a Non-Immigrant if Inadmissible

Category: Temporary Visas

Individuals who apply for a non-immigrant visa must be admissible to enter the United States. Inadmissible grounds to deny entry into the U.S. include, but not limited to the following:
 

• Communicable disease;
• Criminal record involving crimes of moral turpitude;
• Possession of or trafficking in a controlled substance;
• Trafficking persons;
• Involved in money laundering;
• Previously removed (deported) or previously overstayed a period of admission to the U.S.

 
If a non-immigrant visa holder subsequently becomes inadmissible and thus ineligible to enter the United States, depending on the inadmissibility ground, the visa holder may apply in advance of travel for a temporary waiver of inadmissibility. The waiver application is applied directly to U.S. Customs and Border Protection (CBP) prior to travel. Along with the signed Form I-192, Application for Advance Permission to Enter as Nonimmigrant, the applicant must submit the filing fee of $545, an official police record from country of nationality, proof of citizenship, and supporting documentation regarding the inadmissibility showing rehabilitation and character reformation. For questions concerning eligibility of the temporary waiver application, or any other area of immigration, call Kraft & Associates at 214-999-9999.

Pilot Program for Travelers on Flight 6

Category: Temporary Visas

On November 12, 2009, U.S. Customs and Border Protection (CBP) launched a 30 day pilot program to test the entry process for travelers under the Visa Waiver Program (VWP) from Auckland, New Zealand to Los Angeles International Airport. The program automates the arrival/departure of travelers with an approved Electronic System for Travel Authorization (ESTA) for travelers on Air New Zealand Flight 6. Travelers on this flight will not need to fill out the paper I-94W.
 
The VWP allows nationals from VWP countries to fill out an ESTA application prior to traveling to the United States to determine the traveler’s eligibility and whether such travel poses a security risk. The ESTA application provides basic biographical, travel, and eligibility information and must be submitted online prior to traveling. There are currently 35 countries eligible to travel to the United States under the VWP. Travelers under this program may enter the U.S. for either business or tourism for up to 90 days without obtaining a visa.
 
To view the list of VWP countries please visit the CBP website at www.cbp.gov.

H-3 Trainee Visa Category

Category: Temporary Visas

The H-3 trainee visa is a non-immigrant visa option for foreign nationals seeking training in any field of endeavor, including, but not limited to, commerce, communications, finance, government, transportation, agriculture, or the professions (except physicians).
 
Specifically, the H-3 is utilized by a foreign national seeking to pursue a career outside the United States, and training in the U.S. is necessary because the foreign national's home country does not have the type of training program available. Once the training program in the U.S. has concluded, the trainee must return to his or her home country to use the skills gained in the training program. In order to qualify, the U.S. employer must show that the foreign national's home country does not offer or does not prepare the trainee for the type of work that is available in the country, therefore training in the U.S. is necessary. When submitting H-3 visa petitions to U.S. Citizenship and Immigration Services (USCIS), employers must establish that the training program includes the following:
 

• Detailed description of the type of training and supervision to be given;
• The training program structure;
• Amount of time that will be devoted to productive employment (which must be kept at a minimum since this visa is for training and not for productive employment).
• Number of hours the foreign national will spend in classroom instruction and on-the-job training;
• Detail the career abroad for which the foreign national is training;
• Explanation as to why the training cannot be obtained in the country abroad and the reason the training in the U.S. is necessary;
• Source of remuneration.

 
The H-3 trainee visa is a valuable non-immigrant visa option for training in a variety of industries. For more information regarding H-3 visas or any other immigration related matters, please call Kraft & Associates at 214-999-9999.

Revised Form I-601 to Waive Inadmissible Grounds Under the Immigration and Nationality Act

Category: Temporary Visas

Certain foreign nationals who seek to be admitted into the United States or adjust their status in the United States are unable to do so if acts, convictions, or medical conditions make them inadmissible.  There are several grounds listed in the Immigration and Nationality Act (INA) that make a foreign national inadmissible to the United States. The following are grounds for inadmissibility:       

• health-related grounds
• certain criminal and related grounds
• Immigrant Membership in a Totalitarian Party
• Immigration fraud or misrepresentation
• Smugglers
• Being Subject to Civil Penalty
• Unlawful presence in the U.S. for more than 180 days, beginning on or after April 1, 1997, followed by departure if the U.S. - three or ten year bar
• Aliens previously removed and unlawfully present after previous immigration violation (only for NACARA or HRIFA adjustment application)
• unlawfully present after previous immigration violations for VAWA self-petitioners

 
In order to waive these inadmissibility grounds, the foreign national must file Form I-601 Application for Waiver of Grounds of Inadmissibility. Beginning November 21, 2009, waiver applicants must file revised Form I-601 as U.S. Citizenship and Immigration Services (USCIS) will not accept the prior version beginning on that day.

The revised form will be marked with Revision Date 04/06/09N, OMB Expiration Date 04/30/11. The revised form makes it easier for waiver applicants to select from a list of grounds of inadmissibility. In addition to the list of grounds, there is a section that allows applicants to describe in their own words why they believe they are inadmissible. For additional information on waivers, grounds of inadmissibility or any other aspect of immigration law please call Kraft & Associates at 214-999-9999. Additional information is also available at www.uscis.gov.

L-1 Visas for Foreign Employees Seeking Intra-Company Transfers to the U.S.

Category: Temporary Visas

Generally, foreign nationals who are employed with a company abroad and who wish to enter the United States to continue working for the same employer, subsidiary, branch office, or affiliate may enter the United States via the L-1 Nonimmigrant Visa for Intracompany Transfer. There must be a relationship between the U.S. company and the foreign company abroad in order to transfer the foreign employee to the United States. Documentation to show the relationship may include:
 

• common ownership documents;
• similar name of the two companies;
• 50% common ownership, although there may be situations where there is less than 50% ownership but the evidence shows that the parent company controls them.

 
In order for the foreign national to obtain an L-1 visa, certain requirements must be met. The requirements include:
 

• the foreign national must have worked continuously abroad for one of the past three years by the parent, subsidiary, branch office, or affiliate of the U.S. company;
• there’s a qualifying relationship between the company abroad and the U.S. company;
• the foreign national will continue working in a managerial capacity or executive capacity or a capacity requiring a specialized knowledge.

 
Examples of employees being employed in an “executive capacity” include:
 

• president,
• vice president,
• CFO
• CEO.

 
Employees in a “managerial capacity” are those who:
 

• manage the organization, department, subdivision, or function;
• supervise the work of other professional employees.

 
Foreign nationals with “specialized knowledge” include individuals with an advanced knowledge of the company’s product, business, service, research, equipment, techniques, management, or other activity that is not readily available in the U.S. labor market.
 
Once it’s established that the foreign employee may be transferred to the U.S. company, obtaining L-1 nonimmigrant status requires the U.S. employer to file a Form I-129 Petition for Nonimmigrant Worker with the U.S. Citizenship and Immigration Services (USCIS). It takes USCIS approximately three months to render a decision. Upon approval, the employee must apply for an L-1 visa at the U.S. consulate abroad. Depending on the employee’s position, the foreign national will be issued either an L-1A visa if working in an executive or managerial capacity or an L-1B visa for those continuing to work in the capacity requiring a specialized knowledge.
 
For more information on L Visas Intracompany Transfer visas or any other area of immigration law, please contact us at 214-999-9999.
 

Don't Try To Use A B-1/B-2 Tourist Visa If You Plan To Become A Student

Category: Temporary Visas

Attorney Eugenia Ponce recently had a telephonic consultation with a client who wanted to enter the United States on a B-1/B-2 tourist visa to visit various universities throughout the United States and to attend admissions interviews. He wanted to know what the student visa requirements were and whether he would face any challenges if he tried to obtain his student visa while in the United States on a tourist visa.

Ms. Ponce explained that foreign nationals seeking to enter the United States for the purpose of studying in the United States will need to apply for an F-1 study visa in their home country. The fact that he wanted to enter the United States to visit schools (for tourism) rather than to study, should be disclosed to the consular officer so that the officer could note “prospective student” on his I-94 card when admitted into the United States.

Ms. Ponce continued by explaining that the sole purpose of the tourist visa is to visit for a short period of time, and that is all. The tourist visa cannot be used if the person has the intention to work or to study. There is a specific visa for individuals seeking to enter the United States to pursue a full-time course of study. That is an F-1 student visa. Since B-1/B-2 visitors are not allowed to pursue a course of study, any change of status applications could be denied if it is found that the foreign national intended to enter the United States to study, and this preconceived intent was not previously disclosed.

Once accepted to a study program, it is recommended that the foreign national return to his or her home country to obtain an F-1 visa stamp. The F-1 visa is issued no earlier than four months prior to the study program’s start date.
 
Once the F-1 visa is issued, the international student will enter the United States and will be admitted for as long as the F-1 student continues the study program requirements. Essentially, an F-1 student will be admitted for "duration of status” or “D/S” and this will be reflected on the I-94 card.
 
For more information on the F-1 student visa process please call Kraft & Associates at 214-999-9999.

Important Reminder for Diversity Visa Lottery (DV-2011) Applicants

Category: Temporary Visas

The Diversity Visa lottery (DV) for the fiscal year 2011 must be submitted electronically between noon, October 2, 2009, and noon November 30, 2009. The entry form (E-DV) must be submitted online during the registration period available at www.dvlottery.state.gov.
 
The DV program is a random lottery selection with 55,000 diversity visas issued each fiscal year to applicants of countries with low rates of immigration. Natives of the following countries are not allowed to participate in the DV-2011 because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependant territories, and Vietnam. Individuals born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. Detailed information regarding DV lottery requirements is available at www.dvlottery.state.gov.

One Path to Permanent Residence in the United States - The Diversity Visa Lottery Program

Category: Temporary Visas

Foreign nationals who do not have employment sponsorship or family ties in the United States have another avenue to immigrate to the United States with the Diversity Visa Lottery Program (DV program). Thus, a foreign national does not need to have a U.S sponsor to obtain permanent residence. Rather, the foreign national will register for the Diversity Visa lottery that is available on the U.S. Department of State Web site.
 
Before applying for the DV program, the foreign national must first make sure he or she is eligible to participate in the program. To qualify for the DV program, the foreign national must meet the following:
 

• be a native of a country that is a low admission foreign state;
• have at least a high school education or its equivalent or, within the five years before applying for a visa, have two years of work experience in an occupation requiring at least two years training or experience.

 
A country can be designated as a low-admission state if immigration from that country was lower than 50,000 over the preceding five years. Low admission states are allowed to participate in the DV program, whereas high admission regions are not. The list of countries participating in the DV program changes every year.
 
Once the foreign national determines he or she is eligible to participate in the DV program, the next process will be to prepare the application, which is filed electronically with the Department of State. The application is available at www.dvlottery.state.gov. The registration period lasts for 60 days and begins October 2, 2009, and ends on November 30, 2009, for DV-2011.

It is vital that to be considered a DV applicant, the application period for the DV-2011 program must be submitted during this acceptable period. Once the form is submitted, the random selection begins within each region. A selected applicant will be a DV-lottery winner and the Kentucky Consular Center will send a notification letter providing instructions for the visa application.
 
Kraft & Associates will answer your questions regarding the DV program and the process toward permanent residence. Call us at 214-999-9999. For more information on the DV program, visit the Department of State Web site at www.travel.state.gov.

Non-Immigrant Visa Suspension in Honduras

Category: Temporary Visas

Effective today, August 26, 2009, the U.S. Department of State has temporarily suspended non-emergency, non-immigrant visas services in the consular section in Honduras due to the continued political unrest.

Question: I Was Given a 10 Year Visa, Can I Stay in the U.S. the Entire 10 Years?

Category: Temporary Visas

Answer: NO. Most individuals are not aware that a visa that is placed in a person's passport does not determine the length of authorized stay in the United States. When a foreign national is admitted into the U.S., he or she is issued Form I-94 Arrival/Departure record. Form I-94 shows the nonimmigrant category and indicates how long the foreign national is allowed to stay in the United States.

Non-Immigrants Leaving the U.S. - Don't Forget to Return Form I-94

Category: Temporary Visas

Foreign nationals who enter the United States with a non-immigrant visa are issued Form I-94 card at the port of entry. Form I-94 is a white piece of paper issued by the Customs and Border Protection (CBP) which shows the Department of Homeland Security (DHS)/CBP a record of your arrival and departure date from the United States. If you returned to your home country with Form I-94 in your passport, then your departure from the United States was not properly recorded. It is vital that you close out your earlier record of arrival to the U.S. Otherwise DHS will have in their records that you remained in the U.S. beyond the time you were authorized to stay.

If you are now in your home country with Form I-94 (or if you lost Form I-94), then you must validate your departure from the United States with DHS/CBP. The following are ways to validate departure with DHS/CBP:

· original boarding passes used to depart the United States;
· departure stamps in your passport indicating entry and exist from the United States;
· pay check stubs or letter from employer indicating that you worked in another country after you departed the United States;
· bank records illustrating transactions made showing you were in another country after you left the United States;
· school records showing attendance at a school outside the U.S. indicating you were in another country after you left the United States;
· Receipts showing your name and date illustrating you made purchases outside the U.S., after leaving the United States.

Send the appropriate documentation to the following address ONLY:

DHS-CBP ACS Inc.
1084 South Laurel Road
London, KY 40744 USA

This is the only location where they will make the necessary changes to the DHS/CBP record. Do not forget to make copies of the materials you mail to DHS!

New Procedures in Ciudad Juarez for Non-immigrant Visa Applicants

Category: Temporary Visas

As of April 6, 2009, all applicants for non-immigrant visas at the U.S. consulate in Ciudad Juarez, Mexico, must now enroll at the Applicant Service Center (ASC) fingerprint appointment before attending the interview appointment. ASC employees take applicants’ pictures and fingerprints and provide that data to the consulate. Non-immigrant visas are issued to foreign nationals seeking to enter the United States on a temporary basis. More information is available at:
www.ciudadjuarez.usconsulate.gov/non-immigrant_visas.html

Pre-Screening for Visa Waiver Country Visitors

Category: Temporary Visas

Citizens of one of the 35 countries listed in the Visa Waiver Program (VWP) who seek to visit the United States for less than 90 days for either business or pleasure must now be pre-screened before boarding their flights. The Electronic System Travel Authorization (ESTA) is an application system that requires travelers from these 35 VWP countries to apply for travel authorization 72 hours prior to boarding. The application is available online at: http://www.esta.us/travel_authorization.html The travel authorization is valid for two years.

Currently, the 35 countries participating in the VWP are: Andorra, Australia, Austria, Belgium, Brunei, Czech Republic, Denmark, Estonia, Finland, France,Germany, 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, United Kingdom.

Nationals of countries that are not part of the 35 countries listed above should apply for a B-1 Business Visitor or B-2 Tourist visa. Foreign nationals seeking to enter the United States for a short period of time must show the following:

·         Limited duration of time to stay in the U.S.

·         Intent to depart the U.S.

·         Maintenance of a foreign residence

·         Adequate financial arrangements

·         Reason for trip to the U.S.

Please call us at 214-999-9999 for more information.

U.S. Military Will Offer Path to Citizenship for Temporary Immigrants

Category: Temporary Visas

The New York Times is reporting that the U.S. military is changing its position on immigrants in the armed services, and will now allow even temporary immigrants to join. The reason of course is that the military has a serious shortage of service men and women with knowledge of the languages and cultures of Afghanistan and Iraq. As an enticement to joining the military, the U.S. government will offer the possibility of naturalization in as little as six months. Here are excerpts from the story: 

Stretched thin in Afghanistan and Iraq, the American military will begin recruiting skilled immigrants who are living in this country with temporary visas, offering them the chance to become United States citizens in as little as six months.

Immigrants who are permanent residents, with documents commonly known as green cards, have long been eligible to enlist. But the new effort, for the first time since the Vietnam War, will open the armed forces to temporary immigrants if they have lived in the United States for a minimum of two years, according to military officials familiar with the plan.

The program will begin small — limited to 1,000 enlistees nationwide in its first year, most for the Army and some for other branches. If the pilot program succeeds as Pentagon officials anticipate, it will expand for all branches of the military. For the Army, it could eventually provide as many as 14,000 volunteers a year, or about one in six recruits.

About 8,000 permanent immigrants with green cards join the armed forces annually, the Pentagon reports, and about 29,000 foreign-born people currently serving are not American citizens.

The military does not allow illegal immigrants to enlist, and that policy would not change, officers said. Recruiting officials pointed out that volunteers with temporary visas would have already passed a security screening and would have shown that they had no criminal record.

In recent years, as American forces faced combat in two wars and recruiters struggled to meet their goals for the all-volunteer military, thousands of legal immigrants with temporary visas who tried to enlist were turned away because they lacked permanent green cards, recruiting officers said.

Military officials want to attract immigrants who have native knowledge of languages and cultures that the Pentagon considers strategically vital. The program will also be open to students and refugees.

Pentagon officials expect that the lure of accelerated citizenship will be powerful. Under a statute invoked in 2002 by the Bush administration, immigrants who serve in the military can apply to become citizens on the first day of active service, and they can take the oath in as little as six months.

For foreigners who come to work or study in the United States on temporary visas, the path to citizenship is uncertain and at best agonizingly long, often lasting more than a decade. The military also waives naturalization fees, which are at least $675.

To enlist, temporary immigrants will have to prove that they have lived in the United States for two years and have not been out of the country for longer than 90 days during that time. They will have to pass an English test.

Language experts will have to serve four years of active duty, and health care professionals will serve three years of active duty or six years in the Reserves. If the immigrants do not complete their service honorably, they could lose their citizenship.

Non-Minister Special Immigrant Religious Worker Expiring 03/06/2009

Category: Temporary Visas

On March 6, 2009, the category covering non-minister special immigrant religious workers will expire. The non-minister religious worker category includes professional or non-professional capacities within a religious vocation or occupation. Therefore, individuals under the non-minister category must adjust their status to permanent residence or be admitted before March 6, 2009. Unless there is a Congressional extension of the expiration date, U.S. Citizenship and Immigration Services (USCIS) will suspend further processing of any pending applications under the non-minister category. The expiring category does not affect individuals applying under the minister category of the program. If the program is extended beyond March 6, 2009, get updates through our Web site or the USCIS website, www.uscis.gov.

Approval Notice of Form I-539 Left Blank - Correction On the Way

Category: Temporary Visas

A foreign national in the United States on a non-immigrant visa requesting either to extend status or change from one non-immigrant status to another must file Form I-539. If you filed Form I-539 and received an blank approval notice from the Vermont Service Center (VSC), the VSC has corrected the error, and will send your correction notice shortly. Approximately 200 faulty approval notices will be corrected.

New Visa Waiver Program for Guam and Commonwealth of Northern Mariana Islands

Category: Temporary Visas

Effective June 1, 2009, citizens of certain countries are allowed to seek admission to Guam and the Commonwealth of Northern Mariana Islands (CNMI) without a visa, pursuant to the Guam-CNMI Visa Waiver Program. To participate in the program, travelers must posses a valid passport; present a valid and completed form I-94 and Form I-736; must not have previously violated any prior admission to the U.S.; and must be citizens from the following countries: Australia, Brunei, Japan, Malaysia, Nauru, New Zealand, Papua New Guinea, Republic of Korea, Signapore, Taiwan, and the United Kingdom including Hong Kong. Those seeking admission under the Guam-CNMI Visa Waiver program are authorized for a 45 day period. 

New Requirements For Travelers From All Visa Waiver Program Countries

Category: Temporary Visas

There are 35 countries that are authorized to participate in the Visa Waiver Program (VWP). The VWP allows citizens or nationals of the authorized countries to travel to the U.S for business or tourism for stays of 90 days or less, without first obtaining a visa.
 
Effective January 12, 2009, the U.S. Department of Homeland Security (DHS) requires travelers from all VWP countries to obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States. ESTA determines whether a foreign national is eligible to travel under the VWP prior to boarding. If you are traveling under the VWP, it is vital to obtain an approved travel authorization via ESTA. Failure to do so may result in being denied boarding, or denied admission into the United States. Apply for travel authorization at the ESTA Web site to comply with the DHS requirements.

Citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP: Andorra, Austria, Australia, Belgium, Brunei, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Liechtenstein, Luxembourg, Monaco, The Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

New Form DS-160 Submitted Online - Ciudad Juarez, Mexico

Category: Temporary Visas

Non-immigrant visas are for foreign nationals seeking to enter the United States for a temporary period of time. The type of visa a foreign national will apply for will depend on the purpose of the trip. Non-immigrant visas can be for study, tourism, or business, to name a few. Individuals who applied for a non-immigrant visa in Ciudad Juarez, Mexico, and are scheduled for an interview after January 20, 2009, must now use the electronic form DS-160 which is available online at ceac.state.gov/genniv.
 
This recent change requires all applicants, regardless of the type of visa applied for, to submit the form online prior to their appointment at the Consulate General. Once the form is submitted online, the applicant is required to print the confirmation page and take the confirmation page to their appointment.
 
Please visit the U.S. Consulate in Ciudad Juarez’s Web site for more information:  http://ciudadjuarez.usconsulate.gov/non-immigrant_visas.html.

B-1 Visas For Domestic Workers

Category: Temporary Visas

U.S. citizens residing abroad may qualify their personal servants or domestic workers for B-1 status during a temporary trip to the United States. Temporary trip usually means six months or less. Since the foreign domestic worker will engage in employment in the United States, he or she will apply for work authorization once admitted in the United States. One of the requirements for this visa category is that the domestic worker must have worked with the U.S. citizen prior to the U.S. visit. Additionally, there must be an employment contract providing the domestic worker with free private room and board, and guarantee the “prevailing wage” for the area of intended employment.
 
Are you a U.S. citizen residing abroad and have a temporary trip to the United States? If you want your personal or domestic worker to enter the United States with you on this temporary trip, please call our office and we will provide you with all the requisite information.

B-2 Extension of Status Application Filed Months Ago...still waiting for decision?

Category: Temporary Visas

Did you enter the United States on a B-2 tourist visa, file an extension of status in the U.S., and a decision on the extension of status application is still pending? U.S. Citizenship and Immigration Services (USCIS) is currently taking eight to twelve months to adjudicate a B-2 extension of status application. Individuals with pending extension of status applications should be very cautious when leaving the United States. Customs and Border Protection (CBP) will not admit individuals back to the United States if they left more than six months after the application for extension was filed. There are serious consequences and appropriate measures should be taken.

Please contact us if you have questions about B-2 visas or any other aspect of immigration law.

C Visas For Foreign Nationals In Transit

Category: Temporary Visas

Foreign nationals passing in immediate and continuous transit through the U.S. may apply for the C-1 General Transit visa. In order to satisfy the C-1 requirements, the foreign national must show the following:

1. He or she is in possession of a ticket or other assurance of transportation to a third country;

2. Has sufficient funds to complete the trip;

3. Has permission to enter the third country;

The period of authorized stay is fixed by the admitting officer but will not exceed 29 days. Foreign nationals in transit cannot change their status to another nonimmigrant visa, are ineligible for extensions of stay, and cannot accept employment. Although the foreign national in transit is ineligible to change his or her status to another nonimmigrant visa, the foreign national is eligible to adjust his or her status and receive a permanent resident card in the United States. For example, if a foreign national in transit (C-1 visa holder) marries a U.S. citizen, the foreign national is eligible to file for adjustment of status for the permanent resident card.

Although C-1 visas are for foreign nationals in transit, there are times that crewmen enter on C-1 visas. Crewmen are individuals serving in good faith in any capacity required for normal operating and service on board a vessel. A foreign national in transit (C-1) entering to join a vessel is treated as a crewman. If a crewman enters on a C-1 visa to join a vessel, then the C-1 crewmember is ineligible to adjust his/her status.

For more information on C visas and adjustment of status please call 214-999-9999.

Errors On I-94 Cards

Category: Temporary Visas

Have you been issued an I-94 card with 9 or 10 digits? Then a replacement card is needed. An I-94 card should have eleven digits. If you are a foreign national with an error on your I-94 card -- including a misspelled name, incorrect date of birth, incorrect visa classification, incorrect authorized period of stay -- please report in person to the nearest Customs and Border Protection (CBP) deferred inspection office or port of entry, regardless of where the original I-94 was issued. A CBP officer will correct the error on the I-94 card at the deferred inspection or port of entry.

Proposed Changes For TN Visa Professional Workers

Category: Temporary Visas

Foreign nationals of Canada and Mexico seeking a temporary entry into the U.S. as professionals may enter as TN non-immigrants under the North American Free Trade Agreement (NAFTA). Under the TN visa, Canadian or Mexican citizens must enter as professionals who have a minimum of a bachelor's degree or appropriate professional credentials.

Currently, TN visa holders from Canada or Mexico are allowed to stay in the U.S. for a maximum of one year, with an unlimited amount of extensions of stay. U.S. Citizenship and Immigration Services (USCIS) recently published a proposed rule to increase the maximum amount of time a TN professional worker can stay - from one year to three years. In addition, the proposed rule will allow TN visa holders seeking an extension of stay in increments of up to three years.

For more information on TN visas, please call us at 214-999-9999.

Positive Changes For F-1 Students With "STEM" Degrees

Category: Temporary Visas

An optional practical training (OPT) authorizes F-1 students to receive up to 12 months of practical training either before or after completion of their studies. On April 8, 2008, an interim final rule was issued stating that certain F-1 students will be eligible to receive a 17-month extension following the completion of their OPT. Under the new rule, F-1 students with a degree in Science, Technology, Engineering, or Mathematics (STEM), who are employed by employers enrolled in E-Verify, and who have received an initial OPT related to such a degree may apply for a 17-month extension of the OPT.

The student will file for the 17-month STEM extension on Form I-765 Application for Employment Authorization, and include a copy of the STEM degree, and Form I-20 endorsed by the Designated School Official.

F-1 students with STEM degrees may benefit from this final rule if they are the beneficiaries of an approved H-1B petition by automatically extending their F-1 status. This allows the student to remain in the U.S. and continue working until October 1, the start date of the H-1B petition.

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