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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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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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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Want to Work in Canada?

Canada is getting ready to launch “Express Entry,” a program for “in-demand” immigrants whose applications will be processed in six months or less.

Canada announced today that in one month, Express Entry will launch a new phase of active immigration recruitment to meet economic and labor market needs in Canada. Potential job applicants can create their profile on January 1, 2015 and the first Invitations to apply will be issued within weeks.

Express Entry will help select skilled immigrants based on their skills and experience. Those with valid job offers or provincial/territorial nominations will be picked first. Details published today in the Canada Gazette explain how candidates will be ranked and selected, based on factors that research shows are linked to success in the Canadian economy.

According to the Canadian government, these criteria will help ensure newcomers participate more fully in Canada’s economy and integrate more quickly into Canadian society.

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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Midterm Elections Issue: Immigration

Midterm elections are next week; the hot-ticket issue this time around is immigration reform, which has proved to be a very explosive issue for both political parties. President Obama has decided that he will take immigration reform head-on only after midterm elections are over.

The political pundits say the Republicans are slated to win both House and Senate.  Either way, immigration reform will happen whether Republicans or Democrats retain the Senate or House.

If the Republicans win the Senate, then they have to do something to woo the immigrant vote, which is 10% Latino. South Asians and Southeast Asians have also increased their voting numbers. Both these populations want immigration reform to happen because they all have family or friends who may benefit. American business needs tech workers in both healthcare and business. If the Democrats win, Obama will preserve the immigrant vote by executing immigration reform by Executive Order, increasing the number of H1B visas and giving H4 visa holders employment authorization like he did for ‘dreamers.’

Under Republican leadership, the US could increase border security with a virtual wall, and create more visas for H2B and H1B because of the demand and because it is cheaper to monitor the visa issue rather than spend billions on border security, which is found to be full of holes (pun unintended!).

Immigration reform is on its way!

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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TN and L Visa Holders Enter at Select Ports of Entry to US from Canada

Beginning in mid-September, US Customs and Border Protection (CBP) is streamlining the entry process for first-time Canadian TN and L applicants seeking entry into the US under NAFTA. CBP has designated ports of entry that will ensure a more efficient approach to processing the high volume of TN and L applicants.

The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the US to engage in business activities at a professional level. The L-1 nonimmigrant classification — Intracompany Transferee Executive or Manager — enables a US employer to transfer an executive or manager from one of its affiliated foreign offices to one of its offices in the US. This classification also enables a foreign company that does not yet have an affiliated US office to send an executive or manager to the US with the purpose of establishing one.

While there is no requirement to go to these designated ports of entry, first-time applicants are encouraged to enter through these ports for ‘optimized processing’ at 14 ports, including 4 pre-clearance centers.

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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Secretary Johnson Announces Process for DACA Renewal

In early June, Secretary of Homeland Security Jeh Johnson released the procedure for individuals to renew their enrollment in the Deferred Action for Childhood Arrivals (DACA) program. The Federal Register now has the updated form that individuals, who were already enrolled in DACA, can use to extend their deferral for two years. USCIS has already begun taking forms for renewal. USCIS is also taking forms from those who were not previously enrolled in DACA. Over 560,000 individuals have enrolled in DACA since April 2014.

The DACA approvals for those who were already enrolled will start expiring in September 2014. To prevent deferral and an interruption in employment authorization, individuals must re-enroll for the program before their approvals expire—according to USCIS, individuals should re-enroll at least 120 days, or four months, before their deferred action lapses.

DACA defers removal action for certain individuals, and allows them to stay in the US and acquire employment authorization for two years. Individuals who were not previously enrolled in DACA, but meet DACA’s guidelines, may still apply for deferral. Only those who have steadily lived in the US since June 15, 2007 are qualified for DACA.

Individuals can re-enroll in DACA if they meet these guidelines:

  • Did not depart the US on or after Aug. 15, 2012, without advance parole;
  • Have continuously resided in the US since they submitted their most recent DACA request that was approved; and
  • Have not been convicted of a felony, a significant misdemeanor or three or more misdemeanors, and do not otherwise pose a threat to national security or public safety.

You may renew your enrollment in DACA by filling out the new Form I-821D “Consideration of Deferred Action for Childhood Arrivals,” Form I-765 “Application for Employment Authorization,” and the I-765 Worksheet. Form I-765 has a filing and biometrics fee of $465. USCIS will also run a background check on DACA renewals.

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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Medical Exams for Immigration Applicants Are Valid for 1 Year

USCIS recently announced new policy changes regarding Form I-693, Report of Medical Examination and Vaccination Record. Starting June 1, 2014, USCIS has limited the validity period for all Forms I-693 to one year from the date that USCIS receives the form. This updated policy applies to any Form I-693 supporting a benefit application that USCIS adjudicates on or after June 1, 2014.

USCIS states that if you are applying for adjustment of status, you may submit Form I-693 in one of the following ways:

To ensure that your medical examination is still valid at the time that USCIS adjudicates your application, you should schedule the medical examination as close as possible to the time you file for adjustment of status, respond to a RFE, or attend an interview (if applicable).

The Takeaway

Clients may have their applications for adjustment of status pending for many years. During this time, it may be necessary to obtain a renewed medical exam when more than one year has passed. We are now seeing an uptick in RFEs for adjustment applications, especially for employment-based applications that have been pending for more than one year.

At a liaison meeting with USCIS in St. Louis, we were assured that USCIS requires a new I-693 to be submitted only when there is movement in the case and the case is close to being adjudicated. If you have additional questions on how to submit Form I-693, or on how to ensure that your application is valid, please contact Mahadevan Law Office, LLC for a consultation.

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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