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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Was I chosen in the H1B lottery?

The only way to know for sure that the application was rejected is when the application is returned with the fee checks, or no receipt is received a week from May 2nd, 2016, when all the applications that were chosen were entered in the database.  Another indication of an application being chosen is of course the fees being debited from the attorney’s bank account.

There is no process for inquiring about rejected applications with USCIS.

So hang tight and wait for your receipt or returned application.

Nalini S Mahadevan, Esq. – nsm@mlolaw.us – 314.932.7111 – www.mlolaw.us

Of course you know this is not legal advice and you must consult your own attorney!

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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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Using an L Visa to Open a New US Office

Opening a New Office in the US

I often get asked this question from callers anxious to start a new business in the US, “I have a thriving business in (fill in the name of the country) — a large part of my business is in the US. I want to start a new office there. How do I start a new office?”

Have a US Connection

The new US office must have a corporate relationship with your foreign entity abroad, where you have been employed as a manager, executive or worker with specialized knowledge. This means that the new US office must be a parent, affiliate, subsidiary or branch of the foreign entity, and that both the US office and the foreign entity must continue to share common ownership and control.

Demonstrating a Relationship Between the Foreign and US Offices

Here are some examples of how a relationship can be demonstrated between the US and foreign office:

  • Articles of incorporation showing common ownership of the US and foreign entities
  • Business licenses or other documents showing common ownership of the US entity
  • Annual reports describing the corporate structure
  • Contracts or other documents detailing the affiliate relationship
  • Corporate filings in the US or abroad, describing the corporate relationship
  • Any other evidence demonstrating ownership and control over the US and foreign entities (i.e., stock purchase agreements, voting rights agreements, capitalization table, term sheet) 

Demonstrate Foreign Employment as a Manager, Executive or Specialized Knowledge Worker

Examples of your foreign position:

  • Organization charts showing your position
  • Patents or other evidence of the company’s technology, products or services that are based on your work
  • Performance reviews
  • Loans/financing on behalf of the company
  • Organizational job descriptions for your position and those positions that reported above and/or below you, if applicable
  • Resume describing your job accomplishments
  • Pay stubs
  • Evidence of work product
  • Payroll records
  • Tax returns that show employment

The New Office Must be Operating Within One Year

The “new office” L-1 visa is meant to facilitate a “ramp up” period for a new US office of a foreign entity. This period is limited to one year. After that time, an extension of the L-1 visa is available if the new office meets this requirement. What makes an office active and operating will differ depending on the nature of the business. Typically it will involve factors, such as hiring additional employees, fulfillment of contract orders, having a revenue stream, or holding inventory, if applicable.

The New Office Must be Able to Support a Full Time Manager or Executive

While a new office may be opened on an L-1 visa by someone working within your organization in a managerial, executive or specialized-knowledge capacity, after one year the office must be sufficiently active to support a manager or executive. During the first year ramp up, a manager or executive may be required, as a practical matter, to engage in many “hands-on” tasks that go beyond inherently managerial or executive tasks. After the first year, however, the manager or executive will be required to focus primarily on managerial or executive tasks in order to obtain an extension of the L-1 visa.

Examples of Evidence of a New Office are:

  • Purchase orders, contracts or other evidence of commercial activity
  • Payroll records for employees hired
  • Bank statements
  • Financial reporting documents showing monthly income
  • Continued venture capital or other third party investment contribution based on achieved milestones
  • Media coverage of the business
  • Position descriptions providing the roles and responsibilities of all current employees, or other evidence which clearly demonstrates how the manager or executive is relieved of non-qualifying duties

The Takeaway

New office L-1 visas are usually granted for one year to qualified applicants. The denial rate in India is generally about 25%. There is a general belief in both the Department of State and USCIS that the incidence of fraud is very high in India, due to the falsification of evidence and supporting documents.

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 2014. All rights reserved.

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Facts About Immigrants in Missouri

In 1990, the percentage of foreign-born in Missouri was only 1.6%; since then, Missouri’s cultural makeup has changed drastically to include large amounts of Latinos, Asians and other immigrant populations. Missouri’s current foreign-born population is 4%; 41.6% of “New Americans” in Missouri have become naturalized citizens who can vote. About 5% of Missouri’s ‘New Americans’ are either Latino or Asian.

These New Americans also contribute economically to Missouri as business owners, workers, professionals, tax-payers and consumers. Together, Latinos and Asians possess $9.8 billion in consumer purchasing power — their businesses make $5.1 billion and employ 34,000 people. Foreign students also enrich the community: Missouri’s total of 16,061 foreign students contribute $417.9 million to the state’s economy.

A little bit of food for thought: if Missouri’s unauthorized immigrants — which total 1.3% of our workforce — were deported from the state, we would lose $2.3 billion in economic activity and roughly 13,859 jobs.

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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Why Is I-94 so important?

Form I-94 and its Uses

This piece of paper that measures 4×5 inches is how a non-immigrant visa (NIV) holder proves that he or she has exited the country. Clients often call us because they were told when they re-entered the US that they did not surrender their Form I-94 on exit. The paper is also very important to international students because it shows that they are here for the duration of the status of their visa — i.e. they do not have to exit until their program is over, and this stay could, under the right circumstances, exceed the length of their stamped visa. The I-94 is also used for Form I-9 purposes, to record the foreign passport, visa and I-94 number, and serves as a List A document for purposes of worker identity and work authorization. No other document needs to be produced by the worker as eligibility to work, which protects both the employer and employee.

Now with the electronic I-94, the apple cart has been tipped! Years of procedure and practice are to be replaced by a new process that State DMVs, federal agencies and employers need to learn. Software has to be amended to accept electronic I-94 cards.  The good news is that a duplicate I-94 can be printed as long as the NIV is in the US; the I-94 record disappears as soon as the NIV exits the US.

Form I-102 should still be used to correct mistakes in the record (filing fee $330); however, US Customs and Border Protection (CBP) should be contacted in case of mistakes in the I-94 passport stamp. If CBP issued you Form I-94, I-94W, or I-95 with incorrect information (ex: misspelled name, incorrect date of birth, visa classification or date of admission), you should not file Form I-102. You will need to go in person to the nearest CBP port of entry (POE), or the nearest CBP deferred inspection office (DIO), to have the information corrected. For locations and hours of operation, visit CBP’s website at www.cbp.gov.

If you would like more information, please read my overview of electronic I-94.

More resources:
FAQ on what to enter to retrieve an I-94
How to obtain a copy of the new I-94
ICE I-94 Fact Sheet

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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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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H1B cap has reached!

USCIS received 124,000 H1B visa applications from Monday April 1, 2013 to Friday April 5, 2013 — the cap has not been filled this fast for about 4 years. The number of applications received includes both cap subject bachelor degree holders and US Master Degree holders for whom a special 20,000 visas are allotted.

US Master degree holders get two bites of the apple, when it comes to ‘cap’ time. All US Master degree applications not counted towards the 20,000 cap will be considered again in the regular cap of 65,000 visas. Master degree applications are subject to the lottery first, before the bachelor degree holders. Please keep in mind also that this 65,000 number is reduced by 5,800 visas set aside for Chile and Singapore, under Free Trade Treaties that the US has signed with these countries. The unused visas from this ‘carve out’ is added back to the general pool of available cap subject visas.

USCIS announced that it conducted a lottery to allot visas using a computer generated selection process on Sunday, April 7, 2013. All those applications not selected will be returned to the employers or attorneys. Of course, the return process may not occur for a while, as applications are vetted for accuracy and correct application fees. Application fees will be returned with the applications if the package is not selected in the lottery.

H1B applications filed with premium processing will be processed in 15 days, if they are selected in the lottery.

No more applications will be accepted by USCIS, but H1B applications to change employers, or extension of visa applications filed by non-profit employers and concurrent H1B employment, can still be filed with USCIS.

The Takeaway

Contact your Senator and Congressional representative to encourage an increase in the number of visas available for H1B visas. H1B visas filed by entrepreneurs are also subject to the cap. Entrepreneurs are employment multipliers for the U.S. economy.

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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2014 H1B Cap Might Hit in the First Week

Speculation about the H1B visa cap has been all-consuming in the business community. For 2014, USCIS has stated that all 65,000 H1B visas, and 20,000 H1B visas reserved for US Masters degree holders, would be finished in the first 5 days of filing from April 1 (Monday) to April 5 (Friday).

USCIS also stated that it would monitor the number of petitions received and notify the public of the date on which the numerical limit of the H-1B cap had been met, which is called the final receipt date. If USCIS receives more than 85,000 visa application petitions (regular and cap visas, disregarding the carve-outs for Singapore and Chile under Free Trade Agreements signed by the US with those countries), USCIS will use a lottery system to randomly select the number of petitions required to reach the limit of 85,000 visas.

USCIS will reject petitions that are subject to the cap and are not selected. USCIS will also reject any petitions that are received after the necessary number of petitions needed to meet the cap are filled. The last time USCIS conducted a lottery for the H-1B cap was in April of 2008.

The Consequences

Pronouncements like this have led to a frantic need to file on the first day, so that the cap is not missed. The problem is that this artificial season does not necessarily meet the hiring cycles for US business and employers. In other words, US business employment practices are artificially constrained by the necessity to tailor employment hiring practices to coincide with a start on April 1. Depending on the industry, employers hire throughout the year, varying with the ebbs and flow of business.

The Takeaway

Immigration reform proposed by the 8 Senators has a more realistic view of the business world — i.e. releasing visas as the demand grows, in a stepped up basis. Now that we are talking about the ‘reality’ on the ground for employers and business, could we have a more realistic PERM labor system? I know, if wishes were horses…. But I can dream the immigration dream, can’t I?

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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Information Sharing Between Canada and the US

On December 13, 2012, US Ambassador to Canada, David Jacobson, and the Canadian Minister of Citizenship, Immigration and Multiculturalism Jason Kenney signed a US-Canada Visa and Immigration Information-Sharing Agreement.

The agreement stipulates that the US and Canada are allowed to share information that concerns third country nationals who are applicants for visa or permit to visit the US and Canada. Such sharing will assist in safeguarding and protecting the security of Canadians and Americans, while promoting travel and business. Additionally, information sharing will cultivate improved decision-making by the two countries: visa applicants will be better screened and risks will be identified more quickly. It will also aid both countries in identifying terrorists, violent criminals and those who are a danger to the respective countries. Officers working in both immigration and refugee protection sectors will be given ample information about all applicants.

The US and Canada have the ability to send an automated request for data to each other, in the even that a third country national applies to either country for a visa or asylum. A request will normally have specific information; biographic information would include name and date of birth, whereas biometric sharing would include an anonymous fingerprint. If any information corresponds with a former applicant, then immigration information — such as if a person already applied for a visa and was refused, or was deported from the country — can be shared between the two countries.

Biographic immigration information sharing will begin in 2013, while biometric sharing will begin in 2014.

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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