New Look to Green Cards & EAD Cards  

USCIS will start issuing redesigned cards with enhanced graphics to applicants.  The new cards will start being issued on May 1, 2017.

These redesigns use enhanced graphics and fraud-resistant security features to create cards that are highly secure and more tamper-resistant to prevent document tampering, counterfeiting and fraud; than the ones currently in use.

The Redesigned Cards

The new Green Cards and EADs will:

  • Display the individual’s photos on both sides;
  • Show a unique graphic image and color palette:
  • Green Cards will have an image of the Statue of Liberty and a predominately green palette;
  • EAD cards will have an image of a bald eagle and a predominately red palette;
  • Have embedded holographic images; and
  • No longer display the individual’s signature.

Also, Green Cards will no longer have an optical stripe on the back.

How To Tell If Your Card Is Valid

Some Green Cards and EADs issued after May 1, 2017, may still display the existing design format as USCIS will continue using existing card stock until current supplies are depleted. Both the existing and the new Green Cards and EADs will remain valid until the expiration date shown on the card.

Certain EADs held by individuals with Temporary Protected Status (TPS) and other designated categories have been automatically extended beyond the validity date on the card.

Employers, please note that both the older version and the new cards are acceptable for Form I-9, Employment Eligibility Verification, E-Verify, and Systematic Alien Verification for Entitlements (SAVE).

Some older Green Cards do not have an expiration date.  These older Green Cards without an expiration date remain valid.

Individuals who have Green Cards without an expiration date may want to consider applying for a replacement card bearing an expiration date. Obtaining the replacement card will reduce the likelihood of fraud or tampering if the card is ever lost or stolen.

Nalini S Mahadevan, JD, MBA ▪ nsm@mlolaw.us ▪ Office: 314.932.7111 & 314.402.2024

Disclaimer:  Not meant as legal advice! For information purposes only.

 

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US Immigration does not need passport photos for naturalization.

USCIS has updated their naturalization procedures.

All applicants (except those who reside overseas): · No longer need to submit two passport-style photographs.

No Photos Needed

USCIS will capture their photographs when they appear at the Application Support Center (ASC) for their biometrics appointment. Applicnts will be scheduled for a biometric service appointment at a local ASC for collection of their fingerprints, photographs and signature, regardless of their age.

If you are over 75

USCIS used to waive the fingerprint requirement for applicants 75 years or older, which meant they were not required to appear at an ASC. However, now that this form is processed electronically, those applicants do need to appear at an ASC. USICS improved technology means they can capture fingerprints for applicants of all ages. This enhances their ability to confirm your identity and perform required background checks. Applicants aged 75 and older do not have to pay the biometrics fee.

Handicapped or Disabled?

USCIS can make special arrangements to accommodate the needs of the elderly and applicants with disabilities, who are homebound or hospitalized. This is known as homebound processing. Applicants who need to request an accommodation for their appointment can submit a service request online or call the National Customer Service Center (NCSC) at any time at 800-375-5283 (TDD: 800-767-1833).

Nalini S Mahadevan, JD, MBA

7730 Carondelet Ave, Suite 110, Clayton, MO 63105

314-932-7111 or 314-374-8784

Disclaimer: This information here is not meant to create an attorney client relationship, nor is this legal advice.

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Pointers for Corporate Executives Applying for U.S. Citizenship

Are you a globetrotting corporate executive, here in the America one day and the next in China or Europe?

Do you have permanent residency in America?

If you answered in the affirmative, then we need to talk and plan.

Plan your stay in the U.S. and travel outside the country, so that you have at least 6 months during a calendar year in the U.S.

If there is a possibility of being transferred overseas to another country for a new job with your American company, file an application to preserve U.S. residency.

Join Global Entry to bypass long lines at international and domestic airports.

Lastly, don’t forget your family.  Update their green cards if they were issued when the children were little.  That may avoid an unpleasant interview when they enter the U.S.   Apply for re-entry permits for your family if they plan on staying overseas for a year or more while you travel.

Nalini Mahadevan, JD, MBA   Attorney, MLO Law LLC

www.mlolaw.us      nsm@mlolaw.us    314.932.7111

Of course this is not meant as legal advice, but information shared in the expectation it may help employers, employees and their representatives.

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USCIS wants to increase fees!

USCIS proposes increasing filing fees of a lot of commonly used applications.  Most of them are for business immigration filings and family based immigration applications.  See some of the proposed fee increases below.

You can make a comment on the fee increase until July 5, 2016. USCIS depends on the fees to pay for its services. So USCIS was one of the few agencies not affected by the government shut down last year.

Proposed fees

Form Purpose Current Fee Proposed Increase Change
I-129 For Worker $325 $460 +$135
I-130 For Family immigration $420 $535 +$115
I-140 For Work based immigration $580 $700 +$120
I-485 Work/Family GC* $1,070 $1,225 +$155
I-539 Change visas $290 $370 +$80
I-765 Work authorization $385 $410 +$30
I-90 Renew GC $365 $455 +$90
I-129F Fiancé Visa $340 $535 +$195
I-751 Get a 10 year GC* $505 $595 +$90
N-400 Naturalize $595 $640 +$45
N-600 Citizenship Certificate $600 $1170 +$570

*Green Card

Nalini S Mahadevan, Esq

P: 314.932.7111  nsm@mlolaw.us   www.mlolaw.us

Disclaimer: Please do not rely on this blog for legal advice.  Call me if you want to get advice and sign an engagement letter with my law firm.

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Students at at UNNJ lose their visa!

ICE cancels F-1 Student visas

On April 4 and 5, 2016, the Student and Exchange Visitor Program (SEVP) terminated the visa of nonimmigrant students who had enrolled at the University of Northern New Jersey (UNNJ), and the visas of nonimmigrant students who had transferred from UNNJ.

Why?

The students were found to have knowingly participated in visa fraud because they enrolled at UNNJ to obtain an illegal to maintain their F-1 nonimmigrant status.

UNNJ is a school operated by Homeland Security Investigations (HSI) Newark. It was created as a part of an enforcement action that targeted SEVP-certified schools and officials who sought to fraudulently utilize SEVP and the Student and Exchange Visitor Information System (SEVIS) to commit various violations of federal law.

There are approximately 60 students who are affected and who will receive notification of cancellation of their visa.

Students who are terminated because they were currently  or  enrolled before at UNNJ and choose not to file for reinstatement or have applied to USCIS for reinstatement and whose application is denied, must depart the country immediately.

Not Eligible for Transfer

These students are not eligible for to transfer to another SEVP-certified school unless U.S. Citizenship and Immigration Services (USCIS) approves the student for reinstatement following the student’s termination. Students who transferred to another school from UNNJ will also be terminated and their new school will be notified of the cancellation of their visa.

What to do now?

Call SEVP Response Center at 703-603-3400. This number is staffed from 8 a.m. to 6 p.m. (ET), Monday through Friday, except holidays. The SEVP Response Center is closed every Wednesday from 12:45 to 1:30 p.m. ET for system maintenance and testing.

Provide the following information when calling:

  • First and last name
  • SEVIS ID number
  • Address
  • Telephone number where you can be reached
  • E-mail address
  • Current SEVP-certified school

Nalini Mahadevan JD, MBA

Attorney at Law

314-932-7111 office

nsm@mlolaw.us

website: Mlolaw.us

Disclaimer:  Not meant as legal advice. NOT meant to create an attorney client relationship.  Please call an attorney to obtain advice pertaining to your legal situation.

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Is Your Driver’s License valid for Flying?

Starting Jan 10, 2016, TSA will no longer accept MO DL as valid photo ID to board a commercial craft at an airport.  There are 8 other states which are in the same boat!  

  • Alaska
  • California
  • Illinois
  • Minnesota
  • Missouri
  • New Jersey
  • New Mexico
  • South Carolina
  • Washington state
  • Puerto Rico
  • Guam
  • the U.S. Virgin Islands
In response to TSA’s announcement, the Federal Courts in Missouri announced that a MO DL is still valid ID as far as they are concerned!
Many US born citizens living in MO and other states, may not have alternate Photo ID such as a US Passport, to present. US Passports are expensive for most persons to obtain. Military identification can be presented as valid ID to TSA. Immigrants in general have their passports to present as photo ID to TSA.
 
Here is what the DHS had to say:
“The Department of Homeland Security is working with state officials to ensure their compliance with REAL ID Act standards and to grant a state an extension where warranted. Missouri has not yet provided adequate justification to receive an extension on compliance with the requirements of the REAL ID Act passed by Congress in 2005. As of October 10, 2015, federal agencies may only accept driver’s licenses and identification cards issued by states that are compliant with the REAL ID Act or have an extension for accessing most federal facilities (including military bases) and entering nuclear power plants. Starting on January 10, 2016, driver’s licenses and identification cards issued by Missouri will not be accepted for these purposes. Missouri residents visiting a federal facility can provide another form of identification or follow procedures that the facility allows for persons without acceptable identification.”
 
“Missouri can request an extension at any time if there are new developments or additional relevant information regarding the steps they are taking to comply with the REAL ID Act requirements.”
 
“The Transportation Security Administration continues to accept all state-issued driver’s licenses and identification cards, including those from Missouri. DHS is in the process of scheduling plans for REAL ID enforcement at airports and will ensure that the traveling public has ample notice, at least 120 days, before any changes are made that might affect their travel. The REAL ID Act places the responsibility for action on the state to provide state-issued identification that meets the Act’s security standards.”
 
Nalini S. Mahadevan, Esq
nsm@mlolaw.us  Tel: 314.932.7111 (office) 314.374.8784 (mobile)
7730 Carondelet Ave, Suite 110, Clayton MO 63105
Disclaimer: Information contained here is not meant as legal advice nor does it create a client-attorney relationship.  A choice of a lawyer should not be based on advertising alone.

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PERM Plans to Modernize Recruitment Process

The US Department of Labor announced that it is modernizing US worker recruitment for the PERM process.

DOL has not comprehensively examined and modified the permanent labor certification requirements and process since their inception 10 years ago. Over the last 10 years, much has changed in our country’s economy, affecting employers’ demand for workers as well as the availability of a qualified domestic labor force. This past fiscal year, employers submitted over 70,000 PERM applications requesting foreign workers. The majority of those job openings were for professional occupations in the Information Technology and Science fields.

Over time, demands for labor have increased, and surpluses for various types of workers have changed. Advances in technology and information dissemination have dramatically altered common industry recruitment practices, and the DOL has received ongoing feedback that the existing regulatory requirements governing the PERM recruitment process frequently do not align with worker or industry needs and practices.

To respond to change, the DOL is working on new regulations for the following:

  • Options for identifying labor force occupational shortages and surpluses, and methods for aligning domestic worker recruitment requirements with demonstrated shortages and surpluses;
  • Methods and practices designed to modernize U.S. worker recruitment requirements;
  • Processes to clarify employer obligations to insure PERM positions are fully open to U.S. workers;
  • Ranges of case processing timeframes and possibilities for premium processing; and
  • Application submission and review process and feasibility for efficiently addressing nonmaterial errors.

The objective of the DOL is to align DOL recruitment methods with that of the U.S. immigration system and needs of workers and employers, and to enhance the integrity of the labor certification process.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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EB-5 for Newbie investors

There are only a few items investors with EB-5 visas need to remember. First, they can choose any size project — either a regional center project or a direct investment project. Second, there is no magic size to the project; project investment can be $500,000 or $1 million, but there is no green card unless the project creates 10 jobs for every investor. The 10 jobs must be created by the time the conditions on residency are approved to be removed by USCIS.

The return on investment is very low — in the low single digits — but the real reward is the green card. So choose a lawyer and a project you can trust to see you to the end of the process.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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National Visa Center Does Not Want Your Originals!

It has been a big pain to ask clients to send their original documents via mail from overseas for submission to the National Visa Center (NVC). It’s painful because clients are afraid that their documents can be lost in the mail, in their own country, or in the US Attorney’s office, which has to exercise care so that original documents are not lost. Finally, sometimes originals are not returned to clients after the interview by the consular officer interviewing them in the foreign country. For elderly clients who have submitted original documents from countries where they no longer reside, and these documents are over 50 years old, submitting originals to NVC poses a real issue.

Finally, NVC has woken up to the reality of paper, original document preservation and handling, and the burden that it imposes on all concerned. Since the consular officer can examine the originals brought in by the applicant, there seems no reason for original documents to be sent to NVC in the US, only to have them turned around and sent back to where they came from!

Thank you Department of State for finally waking up to reality!

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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Will You Get Your Green Card Soon?

Obama issues executive orders for Entrepreneurs H1Bs, H-4s, L1Bs, and O-1 visa holders. Read the memo issued by USCIS on Obamas initiatives on visa-based employees below.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri
nsm@mlolaw.us

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The information is not meant to create a client-attorney relationship. This blog is for informational purposes only, and is not a substitute for legal advice. Situations may differ based on the facts.

Copyright 2014. All rights reserved.

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