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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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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Pre-Adoption Visitation Requirement Changed to One Parent from Two

Only One Parent Required to Travel to Adopt

This past January, President Obama authorized the Consolidated Appropriations Act of 2014, which redefines the term “orphan” to fall under the definition of “child” found in the Immigration and Nationality Act (INA).

Moreover—since signing the new act into law—for adoptions that don’t fall under the purview of the Hague Adoption Convention, it isn’t necessary for both parents to travel before or during the adoption if an adopted child is going to enter the US on an IR-3 visa, which according to INA, allows for automatic US citizenship upon entrance.

Before the new legislation, in order for an adopted child to receive an IR-3 visa, both parents would have to travel to meet the child during the adoption. If only one parent travelled, then the child would enter on an IR-4 visa, and the other parent would need to re-adopt the child in the US for him/her to gain US citizenship. This process became costly and caused delays in the child securing all the benefits of US citizenship.

Revised Forms

USCIS is currently revising the orphan adoption forms, Forms I-600A and I-600. The new versions will likely include the new definition of “orphan”.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney St. Louis, Missouri

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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.

Tara Mahadevan
Copyright 2014. All rights reserved.

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E-Verify returns!

E-Verify has resumed operations following the federal government shutdown. All E-Verify features and services are now available.

Information for Employers

Form I-9
The Form I-9 requirements were not affected during the federal government shutdown. All employers were required to complete and retain a Form I-9 for every person hired to work for pay in the US during the shutdown.

E-Verify
Employees who received a Tentative Nonconfirmation (TNC):
If an employee had a TNC referred between September 17, 2013 and September 30, 2013, and was not able to resolve the TNC due to the federal government shutdown, employers must add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation’. Employees have until this new date to contact the Social Security Administration (SSA) or the Department of Homeland Security (DHS) to resolve their cases. If employers have an employee who decided to contest his or her TNC while E-Verify was unavailable, an employer should now initiate the referral process in E-Verify. Employers may not take any adverse action against an employee because of a TNC.

Steps to take if an employee has received a SSA Final Nonconfirmation (FNC) or DHS No Show result:
If an employee received a Final Nonconfirmation (FNC) or No Show because of the federal government shutdown, please close the case and select “The employee continues to work for the employer after receiving a Final Nonconfirmation result,” or “The employee continues to work for the employer after receiving a No Show result.” The employer must then enter a new case in E-Verify for that employee. These steps are necessary to ensure the employee is afforded the opportunity to timely contest and resolve the Tentative Nonconfirmation (TNC) that led to the FNC result.

Creating Cases: Three-Day Rule
You must create an E-Verify case for each employee hired during or otherwise affected by the shutdown by November 5, 2013. If you are prompted to provide a reason why the case is late (i.e., does not conform to the three-day rule), select ‘Other’ from the drop-down list of reasons and enter ‘federal government shutdown’ in the field.

Federal Contractor Deadlines
During the federal government shutdown, federal contractors could not enroll or use E-Verify as required by the federal contractor rule. If your organization missed a deadline because E-Verify was unavailable, or if it has an upcoming deadline for complying with the federal contractor rule, please follow the instructions above and notify your contracting officer of these instructions.

Information For Employees

If the federal government shutdown prevented you from contesting a Tentative Nonconfirmation (TNC), you will be allowed additional time to contact the Social Security Administration (SSA) or Department of Homeland Security (DHS). If your TNC was referred between September 17, 2013 and September 30, 2013, and you were not able to resolve the mismatch due to the federal government shutdown, you should:

  • Add 12 federal business days to the date printed on the ‘Referral Letter’ or ‘Referral Date Confirmation’ that your employer gave you after you contested the TNC. Federal business days are Monday through Friday, and do not include federal holidays.
  • Contact SSA or DHS by the new date to resolve your TNC.
  • If you received a Final Non-Confirmation (FNC) because you could not contact DHS or SSA during the federal government shutdown, or because you could not contact DHS or SSA in the first ten days after the government reopened, please contact your employer and request that the employer re-enter your query. For more information about contesting your TNC or FNC, please refer to Employee section of the E-Verify website.

Customer Support

E-Verify Customer Support expects an increase in requests for assistance. Due to this increase, customers may experience longer than normal delays and response times. We apologize for any inconvenience and appreciate your patience.

For any questions or additional information about how the federal shutdown affects E-Verify, please email E-Verify@dhs.gov. For questions about Form I-9, please visit I-9 Central or email I-9Central@dhs.gov. Employers and employees may also contact E-Verify at 888-464-4218. Customer Support representatives are available Monday through Friday 8:00 am to 5:00 pm local time.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

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.

Tara Mahadevan

Copyright 2013. All rights reserved.

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Special Immigrant Status for Iraqi Nationals

The US government passed Public Law 110-181, which will permit Iraqi nationals, who assisted and were employed by the US government in Iraq for one year and can prove it (i.e. have evidence of their employment), to apply for an immigrant visa to the US.

Yesterday, USCIS announced that Congress has passed a bill extending the Special Immigrant Visa (SIV) program for Iraqi nationals who worked for, or on behalf of, the US government. The President signed the extended bill into law on Oct. 4, 2013.

This program covers Iraqi nationals who — during the period between March 20, 2003 and Sept. 30, 2013 — were employed by, or on behalf of, the US government in Iraq for a period of at least one year. It was created by section 1244 of Public Law 110-181, as amended by Public Law 110-242. The program had expired with respect to principal applicants on Sept. 30, 2013, but has now been extended.

The extension permits USCIS to approve petitions or applications for visas, or adjustment of status to lawful permanent resident in any Iraqi SIV case under section 1244, which were pending with USCIS or with the Department of State (DOS) when the program expired on Sept. 30, 2013. USCIS may also approve an additional 2,000 cases, as long as the initial applications to the DOS Chief-of-Mission in Iraq are made by Dec. 31, 2013.

Spouses and children of principal Iraqi SIVs are also eligible for SIV status. They can continue to make applications, and there is no numerical quota for the number of visas that can be issued to spouses and children of SIV.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

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.

Tara Mahadevan

Copyright 2013. All rights reserved.

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Government Shutdown Affects Employers with Foreign Workers

We sent an alert to our clients a couple of days ago when we felt that the Federal Government shutdown was imminent. We didn’t really expect it to happen but it did! The shutdown is unfortunately affecting US immigration services, so writing about action to be taken or postponed for pending immigration applications became imperative.

The websites of the US Department of Labor (US DOL) are no longer functional because it is considered a non-essential service. For employers, this means that if there is a current or potential employee who has to start, extend or transfer to a new employer, the employer will not be able to file a labor condition application for an H1B visa. The implication is that no application for the H1B visa can be filed with USCIS because that application has to be supported by a certified labor condition application (LCA). In the past, when there was a prolonged outage of the US DOL website, USCIS allowed employers to file with uncertified LCAs. We hope this happens with this shutdown, if it is prolonged.

For employees whose cases are pending audit on a PERM case; or if a prevailing wage determination or Form 9089 (PERM application) is either to be filed, or has been filed or is pending with the US DOL, no action will be issued by the agency until the shutdown has been terminated.

USCIS is functional because it is a fee-for-service agency. Biometrics collection is used for many immigrant applications, as well as for re-entry permits required for multinational employees who have a green card through employment but are currently stationed overseas. Biometric services for employees are also still being collected.

US Department of State consulates are currently functional, processing visa stamps and interviews. These services are supported by a mix of fees and federal budget allocation: if the shutdown is prolonged, or if there is a budgetary crisis, then there may be a suspension of services at the consulates for both US citizens and non-citizen consular services. The budgetary crisis could impact both employment-based and other categories of visa issuance, including visitor and business visas. If business travelers want to attend or plan to attend meetings and conferences in the US, please plan to obtain a visa while consular services are still available.

The Social Security Administration is open with limited service; issue of Social Security cards has been suspended. Hence, new visa-based employees will be unable to obtain new social security numbers, which could impact I-9 forms. Although collection of social security numbers is optional, if the employer is an E-verify employer, the employer is required to collect a social security number for work authorization verification. Certain federal and state contractors are also mandated to collect this information. To alleviate this problem, the 3-day rule for E-verify is suspended for those cases affected by the shutdown. Employers may not take adverse action against employees because of the employee’s E-verify interim status.

Wage payments to some new non-immigrants may be a problem because of the non-availability of the social security number. New J non-immigrant visa holders who cannot obtain social security numbers should approach their sponsoring agency for direction.

E-verify is unavailable during the shutdown. Consequently, USCIS, which administers the program, will not be issuing non-confirmation letters (TNC), and employers will be unable to verify work authorization of new employees. Current time to process TNCs has been extended; but the obligation to collect, maintain and process Form I-9 continues as an employer mandate.

Border security is an essential service – there will be no shutdown of services at the border, but travelers are expected to face slowdowns in screening and higher security.

US Passport services, which are a fee-for-service program, are not affected by the slowdown. Of course the severity of the impact will depend on the length of the shutdown. We will post updates as they become available.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

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.

Tara Mahadevan

Copyright 2013. All rights reserved.

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DOMA Issues After the Passage of “US v. Windsor”

The Defense of Marriage Act (DOMA) is a federal law that gives states the choice to deny recognition of same-sex marriages performed under the laws of other states. Same-sex marriage is currently legal in 10 states; the remaining states have various alternatives on the lawfulness of same-sex unions, affecting the distribution of federal benefits for same-sex couples.

Section 3 of DOMA provides a federal definition of “marriage” as the union of a man and woman. In addition, Section 3 prohibits same-sex married couples from being acknowledged as “spouses” in terms of federal laws, for acquiring federal marriage benefits.

Earlier this summer, the constitutionality of DOMA — Section 3 in particular — was addressed in United States v. Windsor in the Supreme Court, where the plaintiff argued that the federal law encroaches on the Constitution’s equal protection clauses.

The plaintiff and her spouse were New York residents, who had legally wed in Canada. As residents of New York, their same-sex marriage was accepted under state law; however, due to Section 3, their marriage was not accepted by federal law. The federal government then taxed the plaintiff’s late spouse’s estate $363,053. If the marriage had been recognized by federal law, the estate wouldn’t be subject to taxes, and would have been authorized for a marital exemption.

In 2012, the New York Court of Appeals ruled that DOMA’s definitional section — Section 3 — was unconstitutional. More recently, the Supreme Court held that DOMA strips persons of the equal liberty protected by the Fifth Amendment.

Now that Section 3 of DOMA has been struck down, several federal benefits and protections of opposite-sex couples have been extended to same-sex couples in state-recognized marriages:

  • Taxes: The Department of Justice and IRS have ruled that same-sex couples, who have been legally married in states that acknowledge those marriages, will be taxed as married couples. This is applicable to same-sex couples who live in a state that recognizes their marriage as well as to same-sex couples who live in a state that doesn’t recognize their marriage.
  • Social Security Benefits: The Social Security Administration (SSA) now acknowledges same-sex marriages for deciding Social Security benefits.
  • Medicare: Private Medicare plan beneficiaries will now receive equal coverage for care in their spouse’s nursing home.
  • US Visas for Same-Sex Spouses: Same-sex couples’ visa applications will now be processed the same as opposite-sex couples.  Both the Department of State and the USCIS will process same sex applications and apply the same standards as would be applicable to a heterosexual marriage.
  • Benefits for Uniformed Service Members: Benefits from the Department of Defense will now apply to same-sex spouses of uniformed service members and civilian employees.
  • Benefits for Federal Employees: Benefits from the Office of Personnel Management will now apply to same-sex marriages of federal employees and annuitants.

Takeaway

This is a huge step towards equal application of the law and attendant benefits to same-sex couples. Many same-sex couples are returning to the US after spending years abroad with their foreign spouse. What a wonderful ending!

Read my other post on DOMA, USCIS releases FAQ on Immigration Benefits for Same Sex Marriages.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
St. Louis, Missouri

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.

Tara Mahadevan

Copyright 2013. All rights reserved.

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A Second Look at Comprehensive Immigration Reform

In February, I wrote about why comprehensive immigration reform has a chance to pass this year; now, it’s time to discuss how immigration reform can strengthen the US as a whole.

Immigration reform has heavy bipartisan support, spearheaded by President Obama and Republican Sen. Marco Rubio (FL). Sen. Rubio is a member of the “Gang of Eight”, the four Democrat and four Republican Senators who have introduced new immigration legislation to Congress — Rubio has also assumed the role of spokesperson for the pending bill in the Senate. The House is also sponsoring several other bills on immigration.

There are security and economic reasons for the US to reform its immigration policy, both of which will have a major impact on the US economy.

The Security Side and the Impact on Employers

Immigration reform is not going to happen without enhanced border security and metrics to measure the levels of security reached. Another measure of security to guarantee a legal workforce is to make both E-verify and Form I-9 compliance mandatory for all employers.  Senate has already earmarked $110 million dollars to these programs — employers should see new compliance regulations soon after a new immigration bill has passed.

In addition, electronic checking of departures by CBP will ensure that non-immigrants depart on the date their authorized stay expires, according to their Form I-94 record. Departures are currently recorded with a paper I-94, which is surrendered upon exiting the US. The new electronic I-94 will record departures from passenger manifests issued by airlines. Entries are currently recorded, but exits from the US are not recorded uniformly at all ports. In addition, the new bill will mandate that all passports be electronically read, which would reduce human error.

It is a misconception that highly skilled visa holders somehow depress US wages. On the contrary, where certain technical skills are in short supply, employers pay top dollar wages for visa holders and high fees to the federal government, as well as jump through legal hurdles to employ these workers. The cost of employing a foreign worker is more expensive than a domestic worker.

The Economic Side

Granting legal status to more immigrants will relieve our labor shortages in both high-skill and low-skill arenas. The educational background of native-born Americans typically includes high school and college education — few are without high school diplomas, and hardly any have Ph.D.s in science, technology, engineering or mathematics (STEM). The educational background of immigrants, on the other hand, is quite different: while many lack high school education, others hold Ph.D.s in STEM fields.

Most of the debate on immigration reform has focused on giving legal status to undocumented immigrants, upon the condition that they pay fees and back taxes. This will certainly have positive effects on our economy; however, we have more to gain from immigrants, both young and old, who, after gaining legal status, decide to further their careers in the US. Once these immigrants feel reassured about their future in the US, they will be more willing to invest in their careers.

One of our current problems is that many skill workers have trouble gaining a foothold onto the path to citizenship. Foreign entrepreneurs and technologists who study in the US are often denied works visas and return to their home country to find success. This issue is both stunting economic growth and causing a brain drain in America.

The number of available temporary visas is rarely revised and is still dependent upon caps and quotas. Our economic conditions have not been taken into consideration. Increasing visas both for high skilled workers, and lower skilled entrants in agriculture and forestry, could have a positive effect on wages and reduce the number of illegal entrants and overstays.

Immigrants also bolster our productivity growth. According to the Wall Street Journal, foreign scientists and engineers, who came to the US with an H1B visa, contributed 10-20% of the yearly productivity growth in the US from 1990-2010. Attracting innovators to our country will undoubtedly create more jobs, as more innovation means more labs, universities and companies doing research. Yet, the US’s H1B visa program only creates 65,000 visas per year for highly skilled workers. That amount has proved to be insufficient, as H1B visas quotas fill very quickly as in the last cap.

There are clear economic and security needs for streamlined and comprehensive immigration reform, and lawmakers and politicians must take action. Congress is set to vote on immigration reform before the July 4 congressional recess.

See you in my next blog.

Nalini S Mahadevan, JD, MBA
Immigration Attorney
Lowenbaum Partnership, LLC
St. Louis, Missouri

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.

Tara Mahadevan

Copyright 2013. All rights reserved.

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