The H-1B cap for fiscal year 2016 was met yet again this year within the short timeframe of only one week!

U.S. Citizenship and Immigration Services started accepting H-1B applications on April 1 and reached the congressionally mandated cap of 65,000 within a week.

Is it time to overhaul the H-1B visa program?


http://www.cnbc.com/id/102574379

Read More»

Benefits of applying for the E-3 visa

The E-3 visa category was created as part of Australia’s AUSFTA agreement with America which allows qualifying applicants to travel to the United States for the sole purpose of working in a specialty occupation.

 

The E-3 visa offers a win-win proposition for everyone involved. Australian workers get great jobs and US employers get some of the country’s best and brightest minds. Annually, 10,500 E-3 work visas can be issued to Australian citizens wanting work in the USA, however the cap has never been met.

 

The E-3 visa is similar to the H-1B visa for specialty occupations. In fact, the E-3 visa requirements and eligible E-3 job categories are virtually identical.

 

The E-3 visa offers some significant advantages when compared to other U.S. non-immigrant work visas. For example, E-3 spouses (E-3D) can apply for unrestricted work authorisation once they arrive in the USA. This alone is a significant difference from work visas like the TN1 and even the H-1B, both of which require spouses to obtain separate working permits if they aren’t U.S. citizens or permanent residents.

 

The E-3 visa is renewable in two year increments indefinitely allowing the visa holder to work for the length of employment.

 

If you have a job opportunity in the U.S. and are unsure whether you qualify for the relevant visa, come and speak with our U.S. Attorney or U.S. Immigration Consultant at Nevett Ford Lawyers.

For further information please visit our website at: usavisasexperts

Read More»

Want to go to the U.S.? Visit our USA Visas Experts site

Whether you plan to go to the U.S or dream of visiting, Nevett Ford is pleased to present our USA Visas Experts site filled with clear concise information on how to get to the U.S. Visit us today at usavisasexperts.

Follow us on LinkedIn at USVisasInsider and Twitter @nfusvisas.

Read More»

President Obama announces Executive Action on Immigration

President Obama moves forward with Executive Action on immigration that will affect more than 4 million people.  While it is months away from implementation, this executive action will have several components:

-  New options and incentives for highly skilled workers and foreign investors

-  Increased border security and manpower

-  Focus on criminals in deportation proceedings

-  Deferred action for people who have been in the U.S. for 5 years, pass a background check and pay their back taxes

More details to follow as they become available.

See the short announcement or to watch the President's address:

http://www.whitehouse.gov/share/more-4-million-undocumented-immigrants-will-now-be-able-play-rules

Read More»

H-1B petition applications expected to increase yet again in 2015!

With a staggering number of 172,500 H-1B petitions filed with USCIS in 2014, the H-1B annual cap of 85,000 was well exceeded this year with an increase of nearly 50,000 petition applications since 2013.

U.S. Attorneys are saying that H-1B petition applications are just going to keep increasing exponentially in the coming years, however supply will remain low. "About 87,000 applicants didn't hear their number called in last year's lottery; many of them will likely try again in 2015, whether with the same prospective employer or a new one."

In the past, the window for filing H-1B petitions from April 1 has be open for weeks and sometimes even months, however next year this window of opportunity is set to be limited to merely days due to the large volume of applications being submitted.

Please see the following link for the full article: http://www.informationweek.com/strategic-cio/team-building-and-staffing/h-1b-visas-what-to-expect-in-2015/a/d-id/1317529

Read More»

An Executive Order On U.S. Immigration Would Not Be Unprecedented

There is much speculation that President Obama will issue a sweeping executive order regarding immigration in the next week.  Critics are ready to rally against such an action, however, it would not be unprecedented.  Past Republican administrations used executive orders to speed along action by Congress:

http://www.huffingtonpost.com/2014/11/15/reagan-bush-immigration-deportation_n_6164068.html?ncid=fcbklnkushpmg00000013

Read More»

National Visa Center No Longer Collecting Original Civil Documents

Applicants are no longer required to submit original documents to the National Visa Center, which should reduce the incident of mishandling important personal documents with sensitive information:

http://travel.state.gov/content/dam/visas/policy_updates/National%20_Visa_Center_No_Longer_Collecting_Original_Civil_Documents_November_2014.pdf 

Read More»

New U.S. - China Visa Reciprocal Agreement

New U.S. - China reciprocal agreement for U.S. Visas mean longer validity for visitors and students:

http://www.whitehouse.gov/the-press-office/2014/11/10/fact-sheet-supporting-american-job-growth-and-strengthening-ties-extendi

Read More»

What is the difference between U.S. Visa Validity and the I-94 Entry Validity?

Many times there is confusion between the validity of a U.S. visa and the length of authorized stay in the U.S. (I-94). The two terms have different meanings and it is essential for anyone travelling to the United States to clearly understand the difference between the two.

U.S. Visa Validity

• A U.S. visa gives foreign citizens (non-U.S. citizens) permission to travel and enter the United States at a port of entry. Once at the port of entry, the Customs Border and Protection (CBP) officer will determine whether the foreign citizen can enter the United States.

I-94 Validity

• As part of the admission process, the CBP officer will determine whether the visa holder can enter the United States at the port of entry and the duration of stay for any particular visit. During this process the U.S. visa holder will be issued an I-94 validity either by way of a stamp in the visa holder’s passport or electronically outlining the admission date, the class of admission, and the date that the traveler is admitted until. Foreign citizens travelling to the United States must adhere to the I-94 validity and ensure that they depart the United States prior to the expiry date in order to prevent becoming unlawful and/or visa cancellation.

The dates of the visa expiration and the I-94 expiration may differ. The I-94 expiry date is most important and there may be instances where the I-94 expiration date is AFTER the visa expiration date.  In that case,  you may legally remain in  the U.S. however, any underlying work authorization attached to a visa validity date may expire when the visa does.  If in doubt about your ability to remain in the U.S., please consult an Immigration Attorney. 

The I-94 validity can be tracked online via the following link: https://i94.cbp.dhs.gov/I94/request.html

Read More»

Diversity Visa Green Card lottery registration opening next month!

Want to make a permanent move to the United States and don’t know how? Apply for the Diversity Visa Green Card lottery starting next month for your chance to make your U.S. dream come true!

The United States Government grants 50,000 permanent resident cards (green cards) each year to individuals from other countries with low rates of immigration to the United States. This year’s Diversity Visa lottery registration program (DV-2016) will be open from 1 October 2014 – 3 November 2014.

To qualify for the DV Lottery this year, applicants must meet two specific requirements.

1.       Applicants must be born in a qualifying country

2.       Applicants much have education or work experience that qualifies for the DV2016 Lottery

(Note, this years (2014) DV Lottery is called the DV-2016 Lottery, where 2016 is the year the winners may enter the United States on their Immigrant Visa that they obtained in the 2014 DV Lottery.)

For further information, please visit the following website: http://www.dv-lottery.us/

For any additional questions, please contact our U.S. Immigration Attorney, Melissa Vincenty:  http://nfmelbournelawyers.com.au/us-immigration.php

Read More»

Does the U.S. Visa Waiver Program Pose a Danger to National Security?

In the past couple of days, I have run across two opposing viewpoints in articles discussing the U.S. Visa Waiver Program:

U.S. Representative Tulsi Gabbard, from my home state of Hawaii, says  "Americans are in great danger because many Europeans can visit for up to 90 days by registering online." She suggests "suspending British, French and German citizens from visa-free travel to the U.S. because of "large numbers" of Islamic extremists."  
http://news.yahoo.com/us-lawmaker-time-europeans-apply-visas-160553968.html

U.S. Representative Candice Miller is jumping on this bandwagon as well.  According to Rep. Miller, " With nearly 40-countries participating in the U.S. Visa Waiver Program, terrorists with Western passports pose additional risks because many are eligible for visa-free travel to the U.S. In fact, she says, as many as twelve-thousand Jihadist militants currently fighting in Iraq and Syria hold Western passports."

http://wkzo.com/news/articles/2014/sep/16/represenative-miller-seeks-end-to-visa-waiver-program/

On the other side of this debate is the Heritage Foundation, who produced a commentary on the successes and benefits of the Visa Waiver Program, which allows U.S. citizens reciprocal rights of entry into numerous countries.  The report is very informative and correct in its analysis.  

http://www.heritage.org/research/reports/2014/09/the-visa-waiver-program-enhancing-security-promoting-prosperity

The bottom line is that the Visa Waiver Program is a valuable tool in international mobility and should be improved and expanded in the future.  For further information about U.S. Visas, visit us at:  http://nfmelbournelawyers.com.au/us-immigration.php

Read More»

Good News and Bad News – New visa fees announced for E applications and Renunciations of U.S. Citizenship

The State Department announcement I received in my inbox late last week looked promising – “Fees decreased” was what caught my eye.  A quick glance through the Federal Register confirmed that the fee for E-1, E-2 and E-3 applications, were being reduced to $205, down from $270.  Fortunately, fees for H-1B applications along with L-1s were not increased (how much higher could they go at this point?).  This is great news for all those E-3 applicants out there.  The State Department made a point of saying that the new reduced fee was a reflection of the “actual cost of services”.  (Which doesn’t exactly make sense to me due to the large disparity in the time spent by a consular officer in the review of documents for an E-1 or E-2 application compared with the amount of time spent on an E-3 application.)   

The bad news came for all those would-be renouncers of their U.S. citizenship.  The new fee is a whopping 422% higher than it is now, a jump from $450 to $2,350.  This can not possibly be reflective of the “actual cost of services”.  An application for renouncement is not very document intensive.  The process consists of two short in-person interviews (and sometimes the first interview is over the phone) and a couple of forms. Unless you have an enormous portfolio and there are serious exit tax issues, very few supporting documents are required.  The State Department notes that the large increase in the filing fee is justified as the demand for the renunciation requests has ballooned and they need additional staff to process the applications. According to a February 2014 post in the International Tax Blog, a record 2,999 people renounced their US citizenship in 2013, a 221% increase over the 2012 figure.  However, a total of 3,000 applicants worldwide does not seem to justify this high fee, in my opinion.  In contrast, 3,946 E-3 visas were issued in 2013, yet the fee is around 10% of the cost of a renouncement application.   

I find it interesting to note the filing fees for renouncing citizenship in other high-income countries:

Australia - $265

United Kingdom - $240

New Zealand - $335

Canada - $90

Anyone making applications for the visa categories mentioned on or after September 6, 2014 need to remit the correct fee amounts. 

For individuals who seek to travel to the US, it is strongly recommended to contact a qualified US Immigration Lawyer to discuss your visa options.

To connect to a qualified US Immigration Lawyer contact our specialist US Immigration team

Read More»

Can You Remember the Dates of Your Previous Trips to the U.S.?

If you are a frequent traveler in and out of the U.S., you may find it difficult to remember the exact dates of your recent arrivals and departures. 

It’s not easy to remember all of these dates, and when you asked to list these dates on a visa application and your mind goes blank. 

Your temporary brain freeze is not a problem anymore and can be resolved in a few minutes.   

Under the new system, every time you enter the U.S. by air or sea your admission is now recorded electronically with Form I-94 by Customs and Border Protection (CBP) at your port of entry.  When you arrive, you are issued an I-94 number and you are given a paper with instructions on how to access the CBP website where you can retrieve an electronic copy of your I-94.  CBP maintains the arrival records in the Nonimmigrant Information System (NIIS).

Furthermore, there is a very handy tool on the website at the login page. 

There are two options:  “Get Most Recent I-94” or “Get Travel History”.  The travel history will reflect all of your arrival and departure dates for the last 5 years.

If you traveled on an older or now expired passport, you can enter those details to obtain their corresponding travel records . 

If you have any questions about this new tool or about U.S. Immigration, contact our specialist U.S. Immigration Attorneys at Nevett Ford.  

Read More»

Pub brawls, street fights, and criminal mishaps; can it effect you from entering the US?

The recent brawl witnessed in Bondi between James Packer and David Gyngell most likely was an embarrassment for those involved, but also illustrates how public altercations may effect global migration, especially to the U.S.  While no charges have been filed in this particular case, it highlights that most people might not realise there are consequences for such an incident and could make them unable to enter into the U.S.

Melissa Vincenty, a US Immigration Lawyer in Sydney and senior lawyer at Nevett Ford, notes “this would certainly strain their ability to oversee their business ventures in the U.S. or visit friends and family there. “

Certain assault charges and convictions could rise to what is known as a ‘crime involving moral turpitude’ (CIMT).  It is quite a broad term that includes crimes such as assault, drug crimes, shoplifting, check fraud or even graffiti convictions.  Merely an arrest for a CIMT could make someone ineligible to use the convenient Visa Waiver Program and a conviction may have more dire consequences. 

While this may not permanently bar someone from travels to the U.S., it could certainly cramp these jetsetter’s lifestyles which could delay travel for many months. 

For individuals who seek to travel to the US, it is strongly recommended to contact a qualified US Immigration Lawyer to discuss your visa options.

To connect to a qualified US Immigration Lawyer contact our specialist US Immigration team.

Read More»