U.S. Diversity Lottery (“Green Card” Lottery) Applications Close on November 7, 2016

Want to make a permanent move to the United States and don’t know how? Apply for the Diversity Lottery (“Green Card” Lottery) now for your chance to make your U.S. dream come true! The U.S. Government grants 50,000 permanent resident cards each fiscal year in this lottery. 

Be aware that there are numerous Diversity Lottery websites set up by third party providers.  While they may offer legitimate services in connection to a Diversity Lottery application, if you use the official government website for your application, there is no filing fee associated with your application and you will be directly contacted if you are selected for further processing in May 2017.

Go to:                                 

https://travel.state.gov/content/visas/en/immigrate/diversity-visa/instructions.html

Reminder:  Applications will close on Monday, November 7, 2016 at 12:00 noon, Eastern Standard Time (EST) (GMT-4).

Feel free to contact us for further information or to set up a consultation to discuss your U.S. visa options with you.  Good luck!

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Companies being penalised for high rejection rates of H-1B visa applications

http://timesofindia.indiatimes.com/tech/slideshow/13-companies-barred-from-applying-for-h-1b-visa/itslideshowviewall/47497353.cms

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U.S. Immigration Relief for Nepalese Citizens

In the wake of the devastating earthquakes to hit Nepal over the past 2 weeks, USCIS has instituted immigration relief measures for affected citizens of Nepal.  Included in these measures are expedited processing for several immigration benefits as well as consideration of fee waivers for some applications.  Senator Ben Cardin, Ranking Member of the Senate Foreign Relations Committee has also requested that the Administration provide Temporary Protected Status (TPS) for Nepalese nationals present in the U.S. and cannot return home due to the dire situation in their country. 

The latest updates can be found here:

http://www.uscis.gov/news/alerts/immigration-relief-measures-nepali-nationals

http://www.foreign.senate.gov/press/ranking/release/senator-cardin-writes-president-obama-requesting-temporary-protected-status-tps-for-nepalese-citizens-currently-in-us

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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

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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

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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

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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

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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 

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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

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Tighter screening processes imposed on people travelling to the United States on the Visa Waiver Program (ESTA).

The United States plans to impose tightened screening measures on travellers from European countries, Australia and various other countries due to the “growing concern over the rising number of Islamist militants who have fought in Syria and hold Western passports”.

Nationals of specific countries travelling to the United States on the ESTA will be required to disclose additional information prior to boarding their flight, such as passports held from multiple countries, or the use of alternate names or aliases. The Department of Homeland Security claims that this data will help enable more accurate screening against US terrorism watch lists.

Please see the following link for the full article: http://gulfnews.com/news/world/usa/us-to-step-up-screening-of-european-and-other-visitors-who-don-t-need-visas-1.1408000#.VFwJuxBf3Ks.email

For further information about U.S. visas contact us at: Nevett Ford Lawyers at http://www.usavisasexperts.com.au

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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

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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

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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

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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

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U.S. Consulates and Continuing Delays in Visa Processing

If you are waiting for a U.S. visa to be issued, you may be experiencing ongoing delays.  For an update see:

http://travel.state.gov/content/travel/english/news/ccd-performance-issues.html

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I Want a Green Card! How Do I get One?

Firstly, are you sure you want a green card?  Before embarking on the journey of obtaining a green card, you need to be sure it is the best option for you. The best way to determine this is to consult with an immigration attorney, however, reading this article is a good first step.

There are four ways to get a green card:

• Family relationship
• Employment
• Investment
• Green card lottery

Family Relationship

If your spouse, sibling, or parent is a US citizen, they can petition for a green card on your behalf and you will not have to wait in any “visa queues” (although you will need to wait for the standard processing times).  

Other relationships may qualify, but there will be visa queues, anywhere from 1.5 to 23 years (currently).

Employment

If you can demonstrate “extraordinary ability” in your field, then you may qualify for an employment-based green card under the EB-1-1 category.  If you are a high-level manager at a company that wishes to transfer you to their US office, you may qualify for a green card under the EB-1-3 category.  There are other employment-based categories for professionals, but usually a lengthy “labor certification” process will be required whereby your sponsoring employer will need to prove that they could not find any US citizens or permanent residents to fill your role.

Investment

The general requirement for the investment green card, the EB-5, is to invest at least $1 million into a business whereby that cash influx will generate at least 10 new full-time jobs for Americans. However, this threshold is reduced to $500,000 if the business in which you are investing is located in an area of high-unemployment, or a rural area.

Green Card Lottery

If you are from an eligible country (Australia generally is an eligible country), and you want a green card, you may wish to enter the “Diversity Visa Program,” known as the green card lottery. the lottery is open in October every year. We recommend to enter the lottery, through the official government website: http://travel.state.gov (Look for “Diversity Visa Program.”)

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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.  

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Potential new benefits for E-3 visa holders in the US

6 May 2014

The U.S. Department of Homeland Security announced a proposed rule that will provide some added benefits for E-3 visa holders.

What is an E-3 Visa?

It is a special category available only to Australian citizens. 

There are two basic requirements;  (1) job offer from a US company to work in a professional role; and (2) must hold a bachelor’s degree in a relevant field, or the work experience equivalent.

The proposed new changes to the E-3 category include:

1. E-3 visa added to the list of visa classifications that authorise classes of aliens authorised for employment status with a specific employer. The benefit of this new change would end hassles that E-3 visa holders sometimes encounter when trying to obtain US benefits such as a Social Security Number or a driver’s license

2. Add the E-3 visa to the list of work visas that are automatically granted up to 240 days of continued work authorization beyond the expiry of status while an extension request is pending.  The benefit of this change means there would be less pressure to file the extension request months before the expiry of status.

We will continue to monitor the proposed new rule and will advise of any changes once they become available from the U.S. Department of Homeland Security.

If you have any questions about these changes or US immigration, please contact our specialist US immigration team.

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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.

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