Immigration Blog

The November 2014 Visa Bulletin Has Been Released

By |October 9, 2014|

The Department of State has released the November 2014 Visa Bulletin.

November 2014 Visa Bulletin for Family-Based Visas

Family-Based-Visas-November-2014

 
The U.S. Department of State organizes Green Card petitions into categories based on the sponsor’s legal status.

The categories for Green Card petitions are:

  • F1: The unmarried sons and daughters of U.S. citizens.
  • F2: The spouses and children of Legal Permanent Residents (LPRs or green card holders).
  • F2A: Spouses and Children of LPRs.
  • F2B: Unmarried Adult Children of LPRs.
  • F3: Married sons and daughters of U.S. citizens.
  • F4: Brothers and sisters of adult U.S. citizens.

Much like last month, we see advancement in each category.

November 2014 Visa Bulletin for Employment-Based Visas

Work-Based-Visas-November-2014

The categories for employment-based Green Cards are organized into these following categories:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or mangers who have transferred to the U.S.
  • EB-2: Individuals with advance degrees, exceptional abilities, or holding a national interest waivers.
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2.
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the United States, physicians, Armed forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees.
  • EB-5: Investors who are investing in a new commercial enterprise.

The major news regarding the employment-based Green Cards is that there was a four year regression for India in the EB-2 category.

If you have any additional questions about priority dates or preference categories check out this blog for an overview of the process.

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How to Get an Expedited Green Card

By |October 6, 2014|

 

Applying for a US Green Card is a long process. Sometimes, in certain situations, time in not on your side.  In some cases and although rare, you can make a request for the USCIS to expedite the processing of Form I-485 to adjust your status to a permanent resident, and thus get your Green Card in a shorter time frame.

Requests to have your Green Card application expedited (i.e. Form I-485) are discretionary and subject to the approval of the United States Citizenship and Immigration Services.

Criteria For Expediting a Green Card

USCIS requires that one or more of the criteria below are met to be considered for the USCIS to expedite the processing of your Green Card application (i.e. Form I-485):

  • Severe financial loss to company or individual

Example 1: The applicant is currently working for a company in the US and in order to continue working he needs to obtain his/her Green Card. In this case, you would need to convince USCIS that your position in the company is essential and that the company will lose a substantial amount of money if you do not receive an expedited Green Card.

Example 2: US citizen spouse does not work and the family would suffer severe financial loss if the foreign national does not obtain an expedited Green Card.

  • An extreme, emergency situation

Example: The foreign national fears persecution or serious harm in his or her home country if forced to leave the United States because the application is not approved within a certain time frame and that no other options exist to keep you in the US.

  • Humanitarian situation

Example: The foreign national is afflicted with a serious health condition and requires an expedited Green Card in order to maintain his or her medical condition  If forced to leave the US, he or she may enter into a state of serious bodily harm and/or death.

  • An error made by USCIS

Example: USCIS issued an Request for Evidence in error when the evidence requested was already provided in the initial green card application causing an unnecessary delay.  An expedited Green Card can be requested to make up for the lost time.

Expedited Green Card Processing Times

The standard processing time for a Green Card processed from outside the US is 8-12 months in several circumstances.

However, the USCIS can sometimes take as little as 3 months to process your Form I-485 to adjust status to a Permanent Resident. If USCIS agrees that you meet the criteria for an expedited Green Card request, they will process your petition as quickly as possible, depending on the reason for expedition. Some expedited Green Cards are approved in a few weeks, while others still take a few months. There is no set processing time once a Green Card is approved for expedited processing, as they are reviewed on a case by case basis.

Supporting documentation is the best way to prove you are eligible for an expedited Green Card and should be sent along with the application.

If you have questions about the green card process, complete a free case assessment with one of VISANOW’s immigration specialist.

 

 

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Video: The L1 Visa: The L1 Visa Blanket Overview

By |September 30, 2014|

If your company has multiple offices around the world and filing an application for the L1 A or L1 B visa is common, then you might qualify for an L1 visa blanket petition.

To be eligible for an L1 visa blanket petition your company will have to meet the following criteria:

  • Your company is engaged in commercial trade or services.
  • Your company has had an office in the United States for at least a year.
  • Your company has three or more branches, subsidiaries, or affiliates in the United States and in a foreign country.
  •  Your company has obtained ten L1 visa approvals in the last year.
  • The combined annual sales for your U.S. entities is at least $25 million.
  • The U.S. work force of your entities has at least 1,000 employees.

If your company has an L1 Visa Blanket petition you will be able to move employees from one office abroad to a US entity without having to file to file an application with USCIS. All of your interactions will be with the US Consulate.

If you have additional questions about the L1 visa blanket please feel free to contact us for more information.

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How to get a Work Visa for the US: 5 Things You Need to Know

By |September 29, 2014|

 

Given that there are many different immigration visas with various requirements, it can be challenging to figure out how to get a work visa for the US.

Here is our list of 5 things you should know about how to get a work visa for the US.

  1. You will need a US employer to sponsor you.

In order to even start the work visa process, most work visas require a US employer to sponsor the work visa application.  That means, in order to get an H-1B, L visa, or an O visa, you need to first apply for a job and be offered a position by a US employer before starting the visa process.

If you are interested in applying for a job, check out myvisajobs.com for positions and employers that are willing to sponsor work visas.

Only a few work visas allow you to apply for a work visa without a US employer in advance. Two examples of work visas that don’t require a US employer include the E-2 Investor visas and the EB-5 Investor Green cards.  However, these visas do generally require a large investment and detailed business plans.

  1. Most US work visas are meant for higher skilled positions

By in large, US work visas are meant for positions that require at least a bachelor’s degree, multiple years of experience, or specialized skills and knowledge.  These positions are usually in fields related to science, technology, engineering, or math.

If you do not meet those requirements getting a long term work visa may not be an option.  Visas such as H-2A and H-2B are allotted for seasonal, temporary, lower skill, and agricultural positions.  However, these visas are not permanent nor approved for long term employment.

  1. The employer will have to interview other U.S. citizens and legal permanent resident candidates

Since, the US government gives preference to citizens and residents, the employer must interview other candidates before filing an application for a foreign national. If the employer finds another applicant that is equally qualified, then the position must be offered to that applicant.

That means just having a friend or family member in the United States that wants to hire you is not enough.  Not only will you have to prove that you have the knowledge and skills for the position, but the employer will have to prove that there is no one else that can fill that position.

  1. Think about first applying for an F-1 or J-1 visa

If you currently do not meet the requirements for a long term US work visa, you may want to think about going to school in the US or participating in an exchange program.

If you are interested in attending a college or university in the United States, you can apply for a F-1 student visa. Although it is a difficult visa to obtain, it can help you obtain the required skills for a U.S. work visa. In order to obtain this type of visa, you must first apply and gain admission to a US university degree program.

The US State Department has organized fantastic exchange programs in areas such as: internships, trainee programs, government visitor, Au Pair, camp counselor, physician, and many more.  If you are interested in applying to an exchange program check out the programs and follow their instructions.

  1. Get an attorney

If you want to get a work visa for the US, make sure that you are work with a reputable attorney.  Applying for a US work visa is a complicated process.

If your employer is inexperienced with the visa process or does not have an immigration attorney to prepare the work visa application, consider recommending VISANOW.

Want to recommend VISANOW to your employer? Go ahead and contact us today.

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The L1 Visa: The Difference Between the L1 A Visa and the L1 B Visa

By |September 25, 2014|

As we mentioned in a previous post, there are two different categories for the L1 visa, the L1 A visa and the L1 B visa.

L1 A Visa

The L1 A visa is available to executives and managers that are transferring from overseas offices to work in the United States. They also have to currently be an executive or manager and will continue to be an executive or manager in the United States.  They will need to continue in that position once they arrive in the United States.

One of the requirements to be eligible for an L1 A visa is that the employee has been with your company for 12 continuous months during the last three years.

L1 B Visa

The L1 B visa is for employees with “specialized knowledge.”

Specialized knowledge means that the employee has a comprehensive knowledge of your organization, the work that you do, the service you provide, the product you sell, or another specific area of your company.

Though, it should be noted that USCIS highly examines applications for the L-1B to make sure that person does hold specialized knowledge for your company. If you pursue an L-1B visa make sure that you build a solid case for that application.

Both the L1 A and L1 B visas are duel intent, which means you can consider sponsoring your employee for a Green Card.

 

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Fiance Visa Cost and Fees: Required Fees and Fiance Visa Cost

By |September 22, 2014|

It is important to have an understanding of the required fees and additional fiance visa cost before applying for a fiance visa. This helps avoid additional delays and adding extra confusion to an already complicated process.

Fiance Visa Cost

There are two main required cost when it comes to applying for a K-1 Fiance visa:

–        $340 will be paid when the I-129F form is filed with USCIS

–        $265 will be paid to the U.S. consulate before the fiancé attends the consulate interview*

These are the only required fiance visa cost that you will pay directly to the U.S. government for the K-1 fiancé visa.

However, they are not the only cost you will have to pay.

The additional fiance visa cost will be paid to the various services that you will need to use to meet the requirements of the visa. We have compiled a list of those fees below.

Additional Costs and Fees

– Medical exam:  A medical exam performed by a consulate-appointed doctor will be required.  Costs vary by the doctor and the country but an approximate cost is ~ $200.

– Translations: Documents such as divorce decrees and birth certificates must all be in English.  There are many companies that offer translation services and the fees vary.  An approximate cost is ~$60 per page.

– Obtaining original documents: If you do not have a required original document, you will have to order a new one.  The approximate cost per document can be as high as $40.

– Police certificate:  A police certificate will be required for any country were the fiancé has lived for 6 months or more since the age of 16.  An approximate cost for a police certificate is ~$40

– Travel expenses:  Depending on the location of the U.S. consulate, there may be an additional cost to travel to the consulate for the interview as well as expenses to travel to the U.S. after the K-1 Fiance visa is approved.

– Dependent children:  If any dependent children will be traveling to the U.S., there will be an additional government fee for the consulate interview of $265 per dependent child.

– Legal fees: If you decide to get legal assistance for the K-1 Fiance visa process, there will be legal fees. Make sure that you confirm with your immigration attorney whether their fees are flat rates or hourly fees. This will help avoid surprises and unforeseen charges.

– Green card process:  Once the fiancé arrives in the U.S., after getting married the couple will have to apply for a Green Card so that the fiance can legally remain in the U.S.

Need more information about the K-1 Fiance visa cost?  Please feel free to request more information from VISANOW, we’d love to help!

*The consulate recently increased the required consulate fee.  If you already paid the consulate fee and have a scheduled interview, be sure to visit the Department of State website to see if different rules apply to you.  

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Video: The L1 Visa: An Overview of the L1 Visa

By |September 18, 2014|

In our latest video overview we take a look at the L1 visa.

If your company has somebody working at one of your overseas offices and you want to bring them to the United States then you might be interested in an L1 visa.

The L1 visas allow a foreign national to transfer to the U.S. provided that they work in an executive, managerial, or specialized knowledge capacity for your company.

There are two different categories of L1 visas, the L-1A and the L-1B. We cover the differences between each category in another video, which you can find here.

L1 Visa Requirements

  • That the foreign company has to be a parent company, subsidiary, branch, affiliate, or joint venture with the U.S. company.
  • The person you are looking to transfer must have been with the company for at least 12 continuous months in the last three years.
  • The person you are looking to transfer must either be an executive, manger, or person with specialized knowledge and will continue to serve as an executive, manager, or person with specialized knowledge.

L-1 Visas are dual-intent, which means you can bring somebody to the United States on one and also sponsor permanent residency through an employment-based green card.

Also, the spouse of an L1 visa can work on an L2 if they apply for and receive an EAD card.

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How to Schedule a B-2 Visitor Visa Interview: Steps to Scheduling a B-2 Visitor Visa Interview

By |September 15, 2014|

After submitting the application and paying the required $160 application fee, the next step is to schedule the B-2 Visitor visa interview.

Step 1: Visit your local U.S. Consulate’s website

  • Use the U.S. embassy website to find your local consulate.
  • It is usually recommended for you to apply for a U.S. visa in your home country or in a country where you have long term legal status such as residency or a work permit.

Step 2: Identify scheduling options for the B-2 visitor visa interview

U.S. consulates have different scheduling options for B-2 visitor visa interviews.  It is important that you visit the specific consulate’s website to identify interview scheduling options. You can usually find this information by navigating to the consulate’s website, clicking on visas on the top navigation, and then clicking on non-immigrant visas. Many consulates allow applicants to schedule B-2 visitor visa interviews online by visiting the U.S. Visa Information and appointment services website. If the consulate allows you to schedule your B-2 interview online through the appointment services website, follow their instructions for next steps. Some consulates offer individuals the option to call either a U.S. based number or a local number to schedule the visitor visa interview, but calling charges may apply.

 Extra tips:

  • Generally a B-2 visitor visa interview is not required for individuals 13 or younger or older than 80, but it is always at the discretion of the consulate officer to require an interview.
  • If you’d like to know what the current wait time is for a visitor visa interview, check it out here.

If you need help applying for a U.S. B-2 visitor visa, request a free case assessment to learn more about the process and how VISANOW can help.

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The October 2014 Visa Bulletin Has Been Released

By |September 10, 2014|

The U.S. Department of State has released the October 2014 Visa Bulletin.

October 2014 Visa Bulletin for Family-Based Visas

 

The October 2014 Visa Bulletin Family Visas

The U.S. Department of State categorizes green card petitions based on the sponsor’s legal status.

  • F1: The unmarried sons and daughters of U.S. citizens.
  • F2: The spouses and children of Legal Permanent Residents (LPRs or green card holders).
  • F2A: Spouses and Children of LPRs.
  • F2B: Unmarried Adult Children of LPRs.
  • F3: Married sons and daughters of U.S. citizens.
  • F4: Brothers and sisters of adult U.S. citizens.

As you can see this past month saw a great deal of advancement in all categories.

October 2014 Visa Bulletin for Employment-Based Visas

 

Work-Based Visas

 

The five major types of employment-based green cards are:

  • EB-1: Priority workers with extraordinary abilities, outstanding professors or researchers, and executives or mangers who have transferred to the U.S.
  • EB-2: Individuals with advance degrees, exceptional abilities, or holding a national interest waivers.
  • EB-3: Skilled workers, professionals, and others who don’t qualify for EB-1 or EB-2.
  • EB-4: Religious workers, broadcasters, Iraq/Afghan translators, Iraqis who have assisted the United States, physicians, Armed forces members, Panama Canal Zone employees, Retired NATO-6 employees, spouses and children of deceased NATO-6 employees.
  • EB-5: Investors who are investing in a new commercial enterprise.

If you have any additional questions about priority dates or preference categories check out this blog for an overview of the process.

Want to stay up to date on processing times for your preference category?  Subscribe to the VISANOW blog and receive monthly visa bulletin updates!

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FYI: Green Card Priority Dates and Preference Categories

By |September 9, 2014|

You’re applying for a Green Card and the terms priority date and preference category come up often and you probably have a few questions.

  • What exactly is a Green Card priority date?
  • What is a preference category and how do I know if it applies to me?
  • How will my preference category and priority date impact processing times for my Green Card?

Here are five things you need to know about priority dates and preference categories and how they apply to you.

1) What are priority dates and preference categories?

Green Card priority dates indicates the date in which the application was filed. Green Card applications are broken into different groups known as preference categories.  Your preference category is determined by the sponsor’s U.S. legal status (such as U.S. citizen or Green Card holder) and the applicant’s relationship to the sponsor (such as spouse, child, sibling, or parent).  Each preference category has an annual limit.

2)Who is & who is not subject to priority dates and preference categories?

There is a quota for how many new immigrants can legally enter the United States each year. In immigration terms, applicants for the Green Card are divided into two categories termed quota and non-quota. Non quota refers to applicants who are eligible for immediate filing. This means that their priority date is always current and there is no annual limit to how many applications will be processed. Quota applicants are subject to preference categories, which means that the processing time for the Green Card is undetermined.

3)How do I know if I am a quota or non-quota applicant?

Non-quota applicants are parents of U.S. citizens, spouses of U.S. citizens, and dependent children that are 21 years old or younger.  There is no annual limit for these applications and they will be processed according to standard processing times. Quota applicants are spouses of Green Card holders, unmarried children of Green Card holders, siblings of U.S. citizens, or married children of U.S. citizens.

4)How do I determine the processing time for my Green Card?

The current processing time for non-quota Green Cards is 8-12 months. For quota applicants, three things determine processing times: preference category, country of origin, and the priority date. When looking at the Visa Bulletin, the date listed for each preference category and country indicates the priority date that is currently being processed.

Visa Bulletin Example

So for example, if the date for the F-1 preference category and for India is “01May07.” This means that applications that were filed on May 1st 2007 are currently being processed and any recently submitted application will take approximately 7 years and 4 months to be processed.

5)How do I determine my specific priority date and preference category?

For detailed information regarding your priority date and preference categories, please refer to the Visa Bulletin on the U.S. Department of State website. You will find a breakdown of categories by relationship, country of origin and the current month/year of applicants being processed. Want to stay up to date on processing times for your preference category?  Subscribe to the VISANOW blog and receive monthly visa bulletin updates!

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VISANOW is now Envoy.

As part of our mission to create opportunities for organizations and global talent, we’ve updated our brand and how we communicate our message. In a time when thinking globally is how organizations grow and progress, we help businesses build world-ready workforces.

Envoy’s workforce management platform features premiere tools for navigating the immigration process for all your sponsored employees; knowledgeable Envoy-affiliated attorney and customer support; and resources to help you learn how to become an expert in the global immigration process.

You will be redirected shortly. Go to EnvoyGlobal.com to see the new changes.