by admin | Nov 28, 2014 | Visas
STUDENT VISA
NEW PROVISIONS IN THE IMMIGRATION LAW FOR STUDENTS
USCIS has begun implementing the Student and Exchange Visitor Information System (SEVIS). SEVIS is an internet-based system which collects information on nonimmigrant students and exchange visitors. The SEVIS system became mandatory on January 30, 2003. The system tracks F, M and J students from the time they receive their documents until they leave or graduate from school or leave their program.
On April 12, 2002, then-INS published an interim rule that eliminates the ability of a B visa-holder to begin a course of study at a U.S. school without first obtaining approval from the USCIS to change status to F-1 or M-1 student. The interim rule was effective upon publication. The prohibition against beginning school prior to obtaining USCIS approval of a change of status is limited to B-1 and B-2 nonimmigrants. Thus, prospective students must wait until USCIS has approved their F-1 or M-1 applications before attending school.
Any student who remains in the US beyond 60 days of the completion, termination, or interruption of his or her program is not able to reenter on the existing F-1 visa. He or she must apply for a new F-1 visa in the home country.
Students can violate the terms of their status in several ways. They can engage in unauthorized employment, fail to pursue or complete a full course of study at the school, improperly switch schools or programs, or overstay the time limits for F-1 status. F-1 students and their dependent F-2 spouses may stay in the United States for several years pursuing their school program.
For students admitted for duration of status (D/S), rather than a specific date, unlawful presence begins only if the USCIS finds a status violation while adjudicating an application for another benefit, or when an immigration judge finds the status violation in exclusion, deportation or removal proceedings. When the immigration judge finds that the alien violated his or her nonimmigrant status, unlawful presence begins to accrue as of the date of the judge’s order.
If a violation of status occurs in less than 180 days, the student should either apply to the USCIS for reinstatement of status, or leave the US and reenter on a new visa issued by the US consul in the home country. It is also noted that USCIS has abolished its earlier policy of permitting out of status F-1 students to be reinstated to their current program by way of departing and being admitted on a new Form I-20.
Students may be reinstated to student status in the following situations: 1) the violation resulted from circumstances beyond the student’s control or would result in extreme hardship; 2) the student is currently pursuing or intends to pursue a full course of study, 3) the student is not working without authorization; and 4) the student is not otherwise deportable.
A student who has violated status by engaging in unauthorized employment is not eligible for reinstatement. Such a student would have to leave the US within 180 days of the violation in order to avoid the 3 and 10 year bars.
by admin | Nov 28, 2014 | Visas
Healthcare Workers
NEW VISA SCREEN REQUIREMENTS FOR NURSES AND OTHER HEALTH PROFESSIONALS
Visa screen certificates verify the following:
1) the alien’s education, training, license and experience are the equivalent to those of U.S. healthcare workers;
2) the alien has competence in oral and written English; and
3) if the majority of states licensing the profession in which the alien intends to work recognize a test predicting an applicant’s success on the profession’s licensing exam, the alien has passed such test.
Currently, the Commission on Graduates of Foreign Nursing Schools (CGFNS) and the National Board for Certification in Occupational Therapy Inc (NBCOT) are authorized to issue visa screen certificates.
Previously, the visa screen requirement had been applied only to registered nurses and occupational therapists, and the requirement was waived for healthcare workers applying for nonimmigrant visas. The INS proposed rule issued on October 11, 2002, broadened the visa screen requirement, applying it to additional categories of healthcare workers.
When applying for adjustment to permanent residency, registered nurses and other healthcare workers, including physical therapists, occupational therapists, speech language pathologists, medical technologists (also called clinical laboratory scientists), medical technicians (also called clinical laboratory technicians) and physician assistants must submit the Visa Screen certificate, in order to obtain their greencard.
All healthcare workers applying for nonimmigrant visas must now have a Visa Screen certificate. Additionally, the proposed rule applied the requirement to healthcare workers who already have a full and unrestricted state license. It also applied the requirement to foreign healthcare workers who have received their training in the United States.
by admin | Nov 28, 2014 | Visas
SUCCESSFULLY COMPLETED NATIONAL INTEREST WAIVER AND EXTRAORDINARY ABILITY CASES
People with an advanced degree or exceptional ability in their field may immigrate to the United States if their admission would be in the national interest of the United States. People with extraordinary ability in their field meaning that they have risen to the very top of their field may also immigrate to the United States. Here are some examples of cases we have successfully completed in the past:
Civil / Transportation Engineer:
The beneficiary had a Ph.D. in civil/transportation engineering. He is an adjunct professor of transportation engineering subjects at a leading New Jersey university. He co-authored several technical publications with professors and professional colleagues. He pioneered a new mathematical formula for analyzing traffic flow on free ways.
Civil / Transportation Engineer:
The beneficiary had bachelor and masters degrees in civil engineering. He had worked as a research assistant for a leading university in New York where he completed his masters’ degree. He assisted his professor in writing a guidebook on strategies to minimize single occupancy vehicle trips to employer work sites in New York State.
Civil / Transportation Engineer:
The beneficiary had bachelors and two masters’ degrees in civil engineering as well as more than 10 years of experience in his field. He was employed by a leading transportation engineering consulting firm in New York, which was a consultant to many public agencies. During his masters program, the beneficiary conducted extensive research on free way traffic flow and traffic control theories under close supervision of his professors.
Civil / Transportation Engineer:
The beneficiary had bachelors and masters degrees in civil/transportation engineering as well as more than 5 years of experience in the field. The beneficiary also holds a professional engineering license. He was working on a consulting assignment to design airport signs using state-of-the-art computer technology. During his masters program, the beneficiary conducted extensive research in the field of video image detection technology used for optimizing traffic flow.
Classical Guitarist:
The beneficiary graduated from the Julliard School of Music. The beneficiary had performed throughout Europe and the United States, and had won many prizes and awards.
Chemist:
The beneficiary had a Ph.D. in chemistry. He had many publications, and was researching treatment of AIDS and addiction to crack/cocaine.
Doctor / Surgeon:
The beneficiary was a doctor who was working in a hospital in an under served area of the Bronx. The doctor treated many poverty stricken people who were drug abusers and suffering from AIDS and other ailments. The doctor had also performed research and had publications
Financial Analyst:
The beneficiary had bachelor and masters degrees in business administration. During his masters of business administration program, he had conducted an extensive research work with his professors. A leading real-estate firm employed him in New York, which had demonstrated a genuine commitment to improving the local economy.
Head Teacher in a Homeless Shelter:
The beneficiary had demonstrated exceptional ability as a teacher and had developed curriculum plans and teaching methods for young, disadvantaged children. Her employer was a homeless shelter in East New York. Her admission benefited the U.S. by educating poor, homeless children.
Researcher in Biochemistry and Biotechnology:
The beneficiary had a Master’s Degree in Biotechnology and a Ph.D. in Life Science. She was internationally renowned in a specialized area of cell biology. Her research focused on finding a cure for the Niemann Pick D disease, a fatal childhood disease, as well as understanding heart disease, Alzheimer’s and Mad Cow disease. She had authored more than 18 research papers, and delivered lectures at international conferences, as well as judged the research work of others.
Singer / Actress:
The beneficiary was one of the most prominent singers and actresses in her country. In the United States, she had secured roles in Broadway shows, and was producing an ethnic television show.
by admin | Nov 28, 2014 | Visas
SUCCESSFULLY COMPLETED NATIONAL INTEREST WAIVER AND EXTRAORDINARY ABILITY CASES
People with an advanced degree or exceptional ability in their field may immigrate to the United States if their admission would be in the national interest of the United States. People with extraordinary ability in their field meaning that they have risen to the very top of their field may also immigrate to the United States. Here are some examples of cases we have successfully completed in the past:
Civil / Transportation Engineer:
The beneficiary had a Ph.D. in civil/transportation engineering. He is an adjunct professor of transportation engineering subjects at a leading New Jersey university. He co-authored several technical publications with professors and professional colleagues. He pioneered a new mathematical formula for analyzing traffic flow on free ways.
Civil / Transportation Engineer:
The beneficiary had bachelor and masters degrees in civil engineering. He had worked as a research assistant for a leading university in New York where he completed his masters’ degree. He assisted his professor in writing a guidebook on strategies to minimize single occupancy vehicle trips to employer work sites in New York State.
Civil / Transportation Engineer:
The beneficiary had bachelors and two masters’ degrees in civil engineering as well as more than 10 years of experience in his field. He was employed by a leading transportation engineering consulting firm in New York, which was a consultant to many public agencies. During his masters program, the beneficiary conducted extensive research on free way traffic flow and traffic control theories under close supervision of his professors.
Civil / Transportation Engineer:
The beneficiary had bachelors and masters degrees in civil/transportation engineering as well as more than 5 years of experience in the field. The beneficiary also holds a professional engineering license. He was working on a consulting assignment to design airport signs using state-of-the-art computer technology. During his masters program, the beneficiary conducted extensive research in the field of video image detection technology used for optimizing traffic flow.
Classical Guitarist:
The beneficiary graduated from the Julliard School of Music. The beneficiary had performed throughout Europe and the United States, and had won many prizes and awards.
Chemist:
The beneficiary had a Ph.D. in chemistry. He had many publications, and was researching treatment of AIDS and addiction to crack/cocaine.
Doctor / Surgeon:
The beneficiary was a doctor who was working in a hospital in an under served area of the Bronx. The doctor treated many poverty stricken people who were drug abusers and suffering from AIDS and other ailments. The doctor had also performed research and had publications
Financial Analyst:
The beneficiary had bachelor and masters degrees in business administration. During his masters of business administration program, he had conducted an extensive research work with his professors. A leading real-estate firm employed him in New York, which had demonstrated a genuine commitment to improving the local economy.
Head Teacher in a Homeless Shelter:
The beneficiary had demonstrated exceptional ability as a teacher and had developed curriculum plans and teaching methods for young, disadvantaged children. Her employer was a homeless shelter in East New York. Her admission benefited the U.S. by educating poor, homeless children.
Researcher in Biochemistry and Biotechnology:
The beneficiary had a Master’s Degree in Biotechnology and a Ph.D. in Life Science. She was internationally renowned in a specialized area of cell biology. Her research focused on finding a cure for the Niemann Pick D disease, a fatal childhood disease, as well as understanding heart disease, Alzheimer’s and Mad Cow disease. She had authored more than 18 research papers, and delivered lectures at international conferences, as well as judged the research work of others.
Singer / Actress:
The beneficiary was one of the most prominent singers and actresses in her country. In the United States, she had secured roles in Broadway shows, and was producing an ethnic television show.
by admin | Nov 28, 2014 | Visas
GREEN CARD THROUGH PERM (LABOR CERTIFICATION)
The new PERM labor certification program was inaugurated by the U.S. Department of Labor on March 28, 2005. The new program speeds up the labor certification process by providing for both electronic filing and filing by paper. With just a short time in existence, technical and regulatory issues are still being worked out.
In order to obtain a green card through labor certification, one must have an employer who is willing to offer a job, and one must show that there is a shortage of U.S. workers who are able, willing and qualified to perform the job. Certain occupations designated by the Department of Labor, such as physical therapists and nurses are pre-certified.
The job must be offered only with requirements which are the actual minimum necessary to perform the job satisfactorily. The job requirements cannot be tailored to fit the alien’s qualifications, and the criteria must be objective and not subjective.
New regulations provide that job must be offered at 100% of the prevailing wage. However, the new system also provides for four levels of wages, depending upon the experience and level of supervision the job requries. The job offer must be for a permanent, full-time position.
The employer must run at least two Sunday advertisements, and must obtain a prevailing wage determination from the state labor department, as well as place a job order with the state labor department for 30 days. Additionally, the employer must post a job notice in the place of employment, and on any company in-house media, for at least ten business days. For professional-level positions, at least three other forms of recruitment are required.
The employer must interview any applicants who appear qualified for the job, and have job-related reasons for rejecting any U.S. workers.
Once it is filed, the labor certification application is reviewed by computer, which determines if there are any problems with the application. If no problems or issues are found, the labor certification application could be approved within a short time. However, if any problems or issues are found, the application may be quickly denied. Or, the employer could be audited, and have to produce evidence of the recruitment, such as all resumes, letters to the applicants, and proof that they were interviewed, etc.
An employer who either fails to respond to an audit, or fails to provide proof of bona fide efforts to find a U.S. worker for the position, the employer may be penalized. Additionally, an approved labor certification may be revoked by U.S. Department of Labor, U.S.C.I.S. or the State Department upon a finding of fraud or misrepresentation. The employer will have 30 days to rebut the finding.
All old cases, including traditional labor certifications and Reduction in Recruitment (RIR) applications, have been transferred to one of two Backlog Reduction Centers. The Backlog Reduction Centers are in the process of contacting employers to see if they still want to pursue the old application, by sending what are called “45-day letters”, because the employers have 45 days to respond.
The new regulations also provide for conversion of old labor certification applications to the new PERM system, in order to retain the old priority date. However, the new PERM application must be identical to the old application, aside from the wage
For professionals approaching their sixth year of H-1B status, it may be risky to try to convert an old application to a PERM, because if the application is denied, and they have no labor certification application which has been pending for more than 365 days, they will not be able to obtain extensions past the sixth year..
Priority workers do not require labor certification
Priority workers, including aliens of extraordinary ability, outstanding professors and researchers and multinational executives and managers, are not required to go through the labor certification process. They may apply directly to INS for an employment-based visa and permanent residency.
by admin | Nov 20, 2014 | Visas
VISAS FOR ARTISTS AND ENTERTAINERS
The O-1 category is for individual artists or entertainers with “extraordinary ability” in their field. To show extraordinary ability, a foreign artist must prove to the U.S. Citizenship and Immigration Service (USCIS) that he or she has “distinction” in the field, and is prominent. The standard for those in the motion picture or TV industry is higher. A movie or TV entertainer must show “a very high level of accomplishment” and “a degree of skill and recognition substantially above that ordinarily encountered”.
Foreign artists, especially actors and actresses, may have difficulty qualifying for the O-1 category. For example, an entertainer who had starring roles in TV productions and movies, and had an annual salary of $200,000, was denied O-1 status by the USCIS and lost on appeal as well. In another case, an actor had 12 years experience and had earned $150,000 from a single, made for TV movie, and had a supporting role in a major movie. In spite of these facts, the USCIS found that the actor did not have “extraordinary ability”.
On the other hand, USCIS found that a film star, comedian and musician from Romania did have extraordinary ability. He had received several nationally recognized awards in Romania, and had been critically reviewed by art critics in several countries. He had performed in artistic showcases, including the National Theater of Romania, and presented letters from the top Romanian artistic circles to show that he had performed in a leading and critical role for distinguished organizations.
The USCIS also found that a novelist, singer and composer from China had “extraordinary ability”. She had written a novel which became a classic and was translated into four other languages, and had been the recipient of several national awards in China. She sang at numerous showcases with other well-known singers. Her application was supported by art critics and well-known members of American performing art circles.
The P-1 category is for entertainment groups which are internationally recognized. An entertainment group may be as few as two persons. A group that is nationally recognized for a sustained and substantial period of time may obtain a waiver of the international recognition requirement if there are special circumstances.
The P-2 category is for individuals or groups of artists or entertainers who are part of a reciprocal exchange program in the United States and one or more foreign states. The P-3 category is for entertainment groups which are culturally
unique, which are coming to the U.S. to perform, teach or coach in a program which is culturally unique.
Fashion models of distinguished merit and ability may obtain H-1B visas, by showing that they are renowned, leading or well-known. Fashion models may also qualify under O-1 as extraordinary persons in business but not in the arts.
