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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How to Employ A Foreign Student

Last year I gave a presentation at a local University to employers about the advantages of employing students from foreign countries, here in student visa status.  The Director of the Career Center told me that local employers were afraid of the process involved in hiring them!

To this I say Pshaw!!!  Look at the untapped potential for a wonderful talented employee, who is willing and wanting to learn and be part of the employing company.  Imagine that student has already passed several hurdles such as qualifying to enter a prestigious University, probably has a revealed a superior understanding of her subject and has demonstrated to University admission officers and professors at their college that she can match the best of any local talent!  These students have probably passed several more exams in an effort to enter an American University!  Does that not show grit and hard work – truly American as apple pie! Like the old E.F. Hutton ad said, “they earned it”.

How to hire a student on an F-1 visa?

  • Do they have an OPT (Optional Practical Training) granted at the end of a course of academic education. If yes, Non STEM students can work up to 12 months and STEM (Science, Technology, Engineering and Math) students can work for up to 29 months for an employer.
  • STEM students have 2 bites at the H1B apple. STEM students can apply twice for an H1B visa while in OPT status and can stay employed for at least 6 more years with the employer, so the training is not wasted!
  • The student should be in valid F-1 status
  • Proposed employment should relate to the student’s academic work
  • New Obama executive orders will expand and extend the use of OPT
  • CPT – Curricular Practical Training A student can work either part time or full time for an employer during the course of their study as either an employee, an intern (paid or unpaid), in a cooperative (co-op) educational experience, or as a practicum participation in the field of their major.
  • Full time CPT will reduce entitlement to OPT.

This is a great way to test the waters.  There are many foreign students with experience who are at University in a Master’s program or even a second Bachelor’s degree.

Caveat! Employ a student from an accredited University, please.

Nalini S Mahadevan, JD, MBA

Contact: nsm@mlolaw.us

This blog is not intended as legal advice nor is it to be construed as creating a attorney client relationship!

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Massachusetts’ Immigrant Program for Students

Massachusetts has created a loophole program, called Global Entrepreneur in Residence (GER), to permit foreign students to stay legally in the US.

Foreign students who attended college in Massachusetts and who want to pursue entrepreneurial activities in the state can apply to the GER Program, which is being run by the Massachusetts Tech Collaborative, an independent state agency designed to promote the advancement of technology in the state. Chosen individuals will be given a job at a participating universities in Massachusetts—the students will work part-time and will submit visa applications sponsored by the university. The program is expected to grow 46,000 jobs for students.

US immigration law dictates that foreign students can study at US colleges and universities under a student visa—after they graduate, their visas expire and they have to find a US employer to sponsor them for an H-1B visa. The H-1B visa system inherently poses a disadvantage for entrepreneurs, the system only allows for a once-per-year application process—in the form of a lottery—and the slots fill up quickly. On April 7, 2014, USCIS reported that it had secured its quota of 85,000 H-1B visa petitions only five days after it began receiving applications.

This is why the GER Program’s loophole is important: colleges and universities are immune to the cap and can submit applications for employers at any time. This means foreign graduates have a higher chance of obtaining a visa through the GER Program, and through employment with higher-education institutions, because these institutions are exempt from the cap.

The House bill proposed to devise a new category of startup visas for foreign entrepreneurs, while also raising the amount of H-1B visas accessible to immigrants with advanced degrees. While the Massachusetts program is yet to be funded, this is a great start for foreign graduates whom the US needs to retain!

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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Comprehensive Immigration Reform’s Proposed Points System

A new element of the immigration reform Senate Bill 744, “The Border Security, Economic Opportunity, and Immigration Modernization Act” is coming into play, namely a proposed merit-based points system, similar to ones found in Canada, the UK, Australia and New Zealand. The points system — an immigration-management tool that will be used to decide who is suitable to enter the US — would allocate new immigrant visas to foreign-born people who meet certain criteria. Each year, the new system would allow between 120,000-250,000 immigrants to obtain immigrant visas through an accumulation of points based on skill, employment history and education. This points-based system is intended to replace the current Diversity Visa Lottery.

The “Desired Immigrant”

This points system shows that the US government does indeed favor a particular type of immigrant, a “desired immigrant”. The system would be more beneficial to certain immigrants over others, like those seeking employment-based immigration. Many immigrants would be at a disadvantage, including women, middle aged and older adults, and those from developing nations. The points system would be divided into characteristics that the US considers beneficial in a visa candidate, such as education, occupation, work experience, English language proficiency and age.

The Two Tiers

PointsFig1PointsFig2

During the fifth fiscal year after the immigration reform bill is passed and the points system is introduced, DHS would assign merit-based visas in two “tiers”, and would give 50% of the visas to applicants with the highest number of points in tier 1, and the other 50% to applicants with the highest number of points in tier 2. Tier 1 is for high-skilled workers and tier 2 is for lower-skilled workers.

The points system favors employment and educational categories over the others; and desires immigrants who are educated, experienced, fluent in English, and young. The system seems to be heavily influenced by economics, placing large value in immigrants’ ability to generate economic worth.

Disadvantaged Immigrants

Moreover, the system is biased against women. Women in other countries frequently have less education and work experience opportunities, allowing the points system to naturally favor men. Though Tier 2 acknowledges women by creating a separate caregiver characteristic, it only grants 10 points, which doesn’t count for much when compared to the employment background characteristic, which totals 40 points.

Family-based immigration is also minimized in the system. Similar to the caregiver characteristic, the siblings or adult sons/daughters of US citizens characteristic only receives 10 points, which, again, doesn’t account for a lot. The system also emphasizes age discrimination and nationality bias, by preferring young immigrants who come from countries with low US migration.

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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Mandatory E-Verify Bill

Senator Chuck Grassley (R-Iowa) has proposed a new bill to the Senate, The Accountability Through Electronic Verification Act of 2013, that would obligate US employers to utilize E-Verify within 12 months of the bill’s passing. Sen. Grassley is the Ranking Member of the Senate Judiciary Committee, which supervises the Senate’s immigration policy, and is also a member of the Subcommittee on Immigration, Refugees and Border Security. Grassley’s bill was cosponsored by 10 other Republican Senators.

Details of the Proposed Bill

In addition to requiring E-Verify for all American employers, Sen. Grassley’s legislation would:

  • Increases penalties for employers who don’t use the system or illegally hire undocumented workers;
  • Reduces the liability that employers face if they participate in E-Verify when it involves the wrongful termination of an individual;
  • Allows employers to use E-Verify before a person is hired, if the applicant consents;
  • Requires employers to check the status of existing employees within 3 years;
  • Requires employers to re-verify a person’s status if their employment authorization is due to expire;
  • Requires employers to terminate the employment of those found unauthorized to work due to a check through E-Verify; and
  • Helps ensure that the Social Security Administration catches multiple use of Social Security numbers by requiring them to develop algorithms to detect anomalies.

For Employers

In addition to the various labor and employment laws mandated by the States and the Federal Government, mandatory E-verify would impose a larger burden on companies. Perhaps we should address what causes employers to use workers who are not authorized to work, and why these undocumented individuals exist in the workforce despite efforts to root them out!

The Takeaway

Let us emulate Canada, which imports low skilled workers every year — who return to their home countries every winter season. The US needs to increase the number of work visas for both the low skilled, agricultural, hospitality and construction workers. Most of them would like to work legally (less stress) and return. This will reduce ‘coyote’ activity at the border: why would a person risk crossing illegally when they can enter through the border, and return to their homes without the fear of being caught and living in the shadows.

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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