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Archive for the ‘EB5 Visa’ Category
3rd August 2011
It recently came to this blogger’s attention that the Department of Homeland Security (DHS) is taking steps to encourage entrepreneurial immigration to the United States of America. In order to provide further insight it is necessary to quote directly from the official website of the DHS, DHS.gov:
WASHINGTON—Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas today outlined a series of policy, operational, and outreach efforts to fuel the nation’s economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. “The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Secretary Napolitano. “Today’s announcements will help our nation fully realize the potential of existing immigration laws.” “Current immigration laws support foreign talent who will invest their capital, create new jobs for American workers, and dedicate their exceptional talent to the growth of our nation’s economy,” said Director Mayorkas. “USCIS is dedicated to ensuring that the potential of our immigration laws is fully realized, and the initiatives we announce today are an important step forward.” These actions mark the six-month anniversary of Startup America, a White House-led initiative to reduce barriers and accelerate growth for America’s job-creating entrepreneurs…
The administration of this web log asks readers to click upon the relevant hyperlinks above in order to read this article in detail.
In previous postings on this blog it has been noted that travel documents such as the EB-5 visa can be a satisfactory tool for those wishing to travel to the United States for the purposes of investing and residence. It should be noted that there are other employment based visa categories such as the EB-2 visa, the EB-3 visa, the EB-1 visa, and the EB-4 visa which may be used by individuals who find themselves in differing factual circumstances. Meanwhile, visas such as the L-1 visa and the E-2 visa are often used by non-immigrants who wish to travel to the United States of America for the purpose of either undertaking specialized employment or investing in a small business therein. That stated, those seeking immigration benefits are well advised to contact an American immigration lawyer since issues associated with American immigration can be legally complex and the process can sometimes prove cumbersome for those unaccustomed to dealing with matters pending before various agencies within the American federal bureaucracy.
In news pertaining to the continuing struggle for LGBT Equality, it recently came to this blogger’s attention that an attorney for the United States government has filed a response in a case involving a New York woman suing the government to have her same sex marriage recognized. To quote directly from a posting by Mark Hamblett for the New York Law Journal on the website Law.com:
Congress has fired back in a lawsuit challenging the constitutionality of the Defense of Marriage Act’s definition of marriage as between one man and one woman. In a motion to dismiss in the Southern District, former solicitor general Paul D. Clement and his legal team argue that the act, 1 U.S.C. §7, is entitled to a presumption of constitutionality, and that U.S. Supreme Court precedent holds that an exclusively heterosexual definition of marriage does not offend the equal protection clause. The motion came in Windsor v. United States, 10-cv-8435, which was brought by Edith Schlain Windsor…In his papers yesterday, Mr. Clement said that rational basis review, not heightened scrutiny, is the appropriate standard in judging the constitutionality of the statute and §3 “easily” passes that less exacting standard. In support of that view, he argues that DOMA does not infringe on the fundamental right to marriage, that “same-sex marriage is not a fundamental right” and that “DOMA implicates federal benefits, not the right of same-sex couples to marry.” Under the rational basis test, Mr. Clement said, Congress could have acted rationally “in the face of the unknown consequences of a proposed novel redefinition of the foundational social institution,” and it could have acted rationally to “protect the public fisc” in the balance it strikes in allocating federal burdens and benefits, and providing “consistency in eligibility for federal benefits based on marital status.” Congress also could have acted rationally “to avoid creating a social understanding that begetting and rearing children is not inextricably bound up with marriage” and to “foster marriages that provide children with parents of both sexes.”
This blogger recommends that readers click upon the hyperlinks above to read this article in detail as it is very enlightening about this case and the issues associated therewith.
The case noted above is interesting insofar as the underlying same sex marriage appears to have been legalized in Canada as opposed to another United States jurisdiction. How this fact will color a final adjudication remains to be seen, but it could have an adverse impact upon the outcome of the case as Full Faith and Credit issues pursuant to the Full Faith and Credit Clause of the United States Constitution may not be relevant under the circumstances. Frequent readers may recall that in an immigration context the so-called “Defense of Marriage Act” precludes immigration benefits such as the K-1 visa, the CR-1 visa, or the IR-1 visa from same sex bi-national couples even if they have been married in an American jurisdiction which legalizes and/or solemnizes same sex marriages. Legislation such as Representative Jerrold Nadler‘s Uniting American Families Act (UAFA) and the Respect for Marriage Act (RFMA) would ameliorate this discrimination, but such legislation has yet to see enactment.
For information related to legal services in Southeast Asia please see: Legal.
29th May 2011
The EB-2 Visa: Eligibility And Consular Processing Discussed
Posted by : admin
In a previous posting on this blog the eligibility criteria for the EB-1 visa were briefly discussed. In that same vein, this blogger felt further elaboration on other Employment Based visa categories was warranted to provide insight to readers about issues associated with other employment based preference categories. The United States Citizenship and Immigration Service‘s (USCIS) official website posted an enlightening chart to provide an overall glimpse of the eligibility criteria which this blogger felt could be of interest to readers. To quote directly from the official website of the USCIS, USCIS.gov:
| Sub-Categories | Description | Evidence |
| Advanced Degree | The job you apply for must require an advanced degree and you must possess such a degree or its equivalent (a baccalaureate degree plus 5 years progressive work experience in the field). | Documentation, such as an official academic record showing that you have a U.S. advanced degree or a foreign equivalent degree, or an official academic record showing that you have a U.S. baccalaureate degree or a foreign equivalent degree and letters from current or former employers showing that you have at least 5 years of progressive post-baccalaureate work experience in the specialty.
|
| Exceptional Ability | You must be able to show exceptional ability in the sciences, arts, or business. Exceptional ability “means a degree of expertise significantly above that ordinarily encountered in the sciences, arts, or business.” | You must meet at least three of the criteria below.* |
| National Interest Waiver | Aliens seeking a national interest waiver are requesting that the Labor Certification be waived because it is in the interest of the United States. Though the jobs that qualify for a national interest waiver are not defined by statute, national interest waivers are usually granted to those who have exceptional ability (see above) and whose employment in the United States would greatly benefit the national. Those seeking a national interest waiver may self-petition (they do not need an employer to sponsor them) and may file their labor certification directly with USCIS along with their Form I-140, Petition for Alien Worker. | You must meet at least three of the criteria below* and demonstrate that it is in the national interest that you work permanently in the United States. |
Readers are encouraged to conduct their own research into these issues as the chart above is merely presented to provide something of an overview regarding eligibility. The chart above should not be viewed as an exhaustive analysis of the issues at play in a EB-2 petition.
It should be noted that second preference Employment Based petitions are carefully scrutinized as issuance of such visas is intended for those foreign professionals holding an advanced degree or an alien national of “exceptional ability”. Therefore prospective visa seekers are encouraged to note the rather high standards by which those seeking this visa category will be compared during the adjudication process.
Those seeking the visa categorized as an EB-2 are well advised to remember that adjudication of a visa petition at the Department of Homeland Security‘s USCIS may be only one phase of the overall visa process as those residing outside of the United States may be required to undergo Consular Processing at a US Embassy or US Consulate abroad.
For readers who have happened upon this blog in the past, the mention of the “national interest waiver” may bring to mind the I-601 waiver or the I-212 waiver which could be argued to be somewhat similar. Another type of waiver that could be construed as similar to the “national interest waiver” is the waiver sometimes granted by USCIS to permit the filing of multiple petitions for a K1 visa within a relatively short period of time notwithstanding the provisions of the International Marriage Broker Regulation Act (IMBRA).
Frequent readers may recall that the EB-5 visa is also classified as an Employment Based Visa although the criteria for EB-5 visa issuance is different from those of the EB-2 most notably as the EB-5 visa petitioner must demonstrate that a substantial investment has been made in the United States in order to hope to attain eligibility for EB-5 visa status.
The United States visa process can be overwhelming at times and for this reason many opt to retain the assistance of counsel. That stated, when retaining the services of anyone purporting to be qualified to provide advice and/or assistance regarding immigration matters it may be prudent to ascertain credentials as, pursuant to relevant US law, only a licensed American attorney is permitted to take in client fees while engaged in the practice of United States immigration law.
For related information please see: Legal.
28th May 2011
The EB-1 Visa: Eligibility Issues Analyzed
Posted by : admin
There are many different visa categories statutorily designed for those wishing to work and/or invest in the United States of America. The very plethora of visa categories can make researching immigration issues somewhat confusing for the layman. One visa category that relatively few prospective visa seekers seem to understand is the Employment Based First Preference Visa Category, or to put it more succinctly: the EB-1 visa. The eligibility criteria for this visa category are somewhat stringent compared to other visa categories. To elucidate this fact it may be best to quote directly from and eligibility chart found by this blogger on the official website of United States Citizenship and Immigration Service (USCIS) at USCIS.gov:
| Categories | Description | Evidence |
| Extraordinary Ability | You must be able to demonstrate extraordinary ability in the sciences, arts, education, business, or athletics through sustained national or international acclaim. Your achievements must be recognized in your field through extensive documentation. No offer of employment is required. | You must meet 3 of 10 criteria* below, or provide evidence of a one-time achievement (i.e., Pulitzer, Oscar, Olympic Medal)
|
| Outstanding professors and researchers | You must demonstrate international recognition for your outstanding achievements in a particular academic field. You must have at least 3 years experience in teaching or research in that academic area. You must be entering the United States in order to pursue tenure or tenure track teaching or comparable research position at a university or other institution of higher education. | You must include documentation of at least two listed below** and an offer of employment from the prospective U.S. employer. |
| Multinational manager or executive | You must have been employed outside the United States in the 3 years preceding the petition for at least 1 year by a firm or corporation and you must be seeking to enter the United States to continue service to that firm or organization. Your employment must have been outside the United States in a managerial or executive capacity and with the same employer, an affiliate, or a subsidiary of the employer. | Your petitioning employer must be a U.S. employer. Your employer must have been doing business for at least 1 year, as an affiliate, a subsidiary, or as the same corporation or other legal entity that employed you abroad. |
Readers should be aware that the above citation is not intended to be utilized as an exhaustive tool for determining EB-1 visa eligibility, but the chart above does shed light upon some of the overall eligibility criteria which will likely be scrutinized during adjudication of a petition.
There are many factors which must be taken into consideration during the adjudication of an Employment Based visa petition. Frequent readers of this blog may recall that there is another visa category classified as EB that is sometimes discussed within these pages. That specific visa is the EB-5 visa which was designed for prospective immigrants wishing to come to the United States to make a substantial investment in the American economy. In the case of the EB-1 visa, the prospective visa holder would be asked to make an investment of sorts in that their extraordinary abilities would be invested in the United States as a likely consequence of issuance of a United States travel document which grants lawful permanent residence to the bearer upon lawful admission to the US by officers of the United States Customs and Border Protection Service (USCBP).
Readers should be aware that often USCIS adjudication is not the only phase of the EB visa process as Consular Processing at a US Embassy or US Consulate abroad may also be required depending upon the unique circumstances of a given case.
For Information Related To Family Based Visa Petitions Please See: US Visa Thailand.
17th March 2011
How Would a Government Shutdown Impact The U.S. Immigration Process?
Posted by : admin
In recent months the likelihood of a government shutdown seems to be increasing as the politicians in the United States capital seem to be more polarized than ever. Meanwhile, some are arguing in favor of a shutdown (even going so far as to advocate for an extended period of governmental closure). At the same time, others argue against a shutdown. Regardless of one’s opinion either way, it seems possible that a shutdown may occur, and in the event that a shutdown does come to pass, those processing an immigration matter may be prudent to research the impact that a shutdown might have upon the immigration process.
The following was quoted directly from a recent posting on the website CaldwellTeaParty.org:
The next month will be marked by intense negotiations on the debt ceiling, and the GOP will then have to decide on a shutdown or a bipartisan budget deal with Kent Conrad and his allies.
The above citation most clearly and concisely sums up the current state of affairs regarding the possibility of a government shutdown. The administration encourages readers to click on the above links as this issue is quite complex. Those interested in understanding the ramifications of a government shutdown may be best informed by this administration quoting directly from Wikipedia:
A government shutdown occurs when a government discontinues providing services that are not considered “essential.” Typically, services that continue in spite of a shutdown include police, fire fighting, armed forces, utilities, air traffic management and corrections.
A shutdown can occur when a legislative body (including the legislative power of veto by the executive) cannot agree on a budget financing its government programs for a pending fiscal year. In the absence of appropriated funds, the government discontinues providing non-essential services at the beginning of the affected fiscal year. Government employees who provide essential services, often referred to as “essential employees”, are required to continue working.
Although the above citation clears up the issue of what constitutes a government shutdown, the question likely on the mind of those with foreign loved ones processing through the immigration system is: how would a government shutdown impact the processing of my loved one’s visa? The answer: a Federal government shutdown would result in a sort of “freeze” of most of the immigration apparatus as this falls within the bailiwick of the Federal government. Therefore, a Federal shutdown would likely result in little, if any, action being taken with regard to adjudication of visa applications at each US Embassy or US Consulate abroad. For further insight it may be best to quote directly from a recent posting on the Diplopundit blog:
In 1995, all visa applications are walk-in. Today, a good number of consular sections have online appointment systems. Which means, visa appointments will have to be canceled and rescheduled if there is a shutdown. Consular sections may only be open for life and death emergencies. That means lost passport applications, reports of births abroad, adoption cases, notarials, etc. will all have to wait until the Federal government reopens.
The administration of this blog highly encourages readers to click on the above hyperlinks as the quotation above was found in a very interesting and detailed posting dealing with these issues.
Clearly, the ramifications of a government shutdown will be severe for those awaiting processing of a visa application. Meanwhile, it would appear as though USCIS will continue to operate as normal despite a possible shutdown. To quote directly from the website Martindale.com:
USCIS has announced that, because it is funded by filing fees, it should remain open during a government shutdown. The operations of the four Service Centers should remain largely unaffected. Local USCIS District Offices should also remain open.
Again, this blogger highly encourages readers to click on the hyperlinks above to learn more.
Notice that the above quotation uses the word should. This blogger only points this out as it goes to show how difficult it is to foretell what the impact of a government shutdown would be on the United States Citizenship and Immigration Service (USCIS) since that agency has attempted to remain self-funded through application fees. That said, the overall issue of government shutdown has yet to fully manifest itself, but that should not be construed to mean that it will not. In fact, those seeking American visas are likely to see an overall slowdown in the overall processing of cases as a result of a shutdown (should one actually occur, which remains to be seen).
21st January 2011
Those who read this web log with any frequency may have noticed that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as both a courtesy to our clients and the public-at-large. The following estimated processing times were quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | August 28, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | February 8, 2007 |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | May 7, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | June 1, 2010 |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | September 1, 2006 |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | July 16, 2010 |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | July 16, 2010 |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | July 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | July 16, 2010 |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | July 16, 2010 |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | September 12, 1997 |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | March 31, 2005 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | 4 Months |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | 4 Months |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | November 10, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | November 10, 2008 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | 2.5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | 2.5 Months |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | 3.5 Months |
| I-90A | Application to Replace Permanent Resident Card | Initial issuance or replacement for Special Agricultral Workers (SAW) | 3.5 Months |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | September 3, 2010 |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | 5 Months |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | July 7, 2010 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | July 7, 2010 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | May 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | May 2, 2009 |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | June 26, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | July 24, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | September 30, 2008 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | 3 Weeks |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | May 14, 2010 |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | December 31, 2009 |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | October 2, 2007 |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| Form | Title | Classification or Basis for Filing: | Processing Timeframe: |
|---|---|---|---|
| I-102 | Application for Replacement/Initial Nonimmigrant Arrival/Departure Record | Initial issuance or replacement of a Form I-94 | 2.5 Months |
| I-129 | Petition for A Nonimmigrant Worker | Blanket L | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | E – Treaty traders and investors | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Visa to be issued abroad | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Change of status in the U.S. | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-1B – Specialty occupation – Extension of stay in the U.S. | July 17, 2010 |
| I-129 | Petition for A Nonimmigrant Worker | H-1C – Nurses | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2A – Temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-2B – Other temporary workers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | H-3 – Temporary trainees | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | L – Intracompany transfers | 1 Months |
| I-129 | Petition for A Nonimmigrant Worker | O – Extraordinary ability | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | P – Athletes, artists, and entertainers | 2 Weeks |
| I-129 | Petition for A Nonimmigrant Worker | Q – Cultural exchange visitors and exchange visitors participating in the Irish Peace process | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | R – Religious occupation | 2 Months |
| I-129 | Petition for A Nonimmigrant Worker | TN – North American Free Trade Agreement (NAFTA) professional | 2 Months |
| I-129F | Petition for Alien Fiance(e) | K-1/K-2 – Not yet married – fiance and/or dependent child | 5 Months |
| I-129F | Petition for Alien Fiance(e) | K-3/K-4 – Already married – spouse and/or dependent child | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for a spouse or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a spouse, parent, or child under 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | Permanent resident filling for an unmarried son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a married son or daughter over 21 | 5 Months |
| I-130 | Petition for Alien Relative | U.S. citizen filing for a brother or sister | June 26, 2010 |
| I-131 | Application for Travel Document | Refugee or asylee applying for a refugee travel document | 3 Months |
| I-131 | Application for Travel Document | Permanent resident applying for a re-entry permit | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) dependent applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | Haitian Refugee Immigrant Fairness Act (HRIFA) principal applying for advance parole | 3 Months |
| I-131 | Application for Travel Document | All other applicants for advance parole | 3 Months |
| I-140 | Immigrant Petition for Alien Worker | Extraordinary ability | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Outstanding professor or researcher | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Multinational executive or manager | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Skilled worker or professional | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Unskilled worker | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Advanced degree or exceptional ability requesting a National Interest Waiver | November 1, 2007 |
| I-140 | Immigrant Petition for Alien Worker | Schedule A Nurses | November 1, 2007 |
| I-212 | Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal | Readmission after deportation or removal | 4 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | All other special immigrants | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Violence Against Women Act (VAWA) | 5 Months |
| I-360 | Petition for Amerasian, Widow(er), or Special Immigrant | Religious workers | 5 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Employment-based adjustment applications | July 24, 2010 |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Haitian Refugee Immigrant Fairness Act (HRIFA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Indochinese Adjustment Act | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Under the Nicaraguan and Central American Relief Act (NACARA) | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on grant of asylum more than 1 year ago | 4 Months |
| I-485 | Application to Register Permanent Residence or to Adjust Status | Based on refugee admission more than 1 year ago | 4 Months |
| I-526 | Immigrant Petition By Alien Entrepreneur | For use by an entrepreneur who wishes to immigrate to the United States | 5 Months |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change status to the F or M academic or vocational student categories | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change of status to H or L dependents | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Change Status to the J exchange visitor category | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other change of status applications | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for F or M academic or vocational students | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of stay for H and L dependents | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | Extension of Stay for J exchange visitors | August 2, 2010 |
| I-539 | Application to Extend/Change Nonimmigrant Status | All other extension applications | August 2, 2010 |
| I-612 | Application for Waiver of the Foreign Residence Requirement | Application for a waiver of the 2-year foreign residence requirement based on exceptional hardship or persecution | 4 Months |
| I-730 | Refugee/Asylee Relative Petition | Petition for accompanying family members of a refugee or an asylee | 5 Months |
| I-751 | Petition to Remove the Conditions on Residence | Removal of lawful permanent resident conditions (spouses of U.S. citizens and lawful permanent residents | 6 Months |
| I-765 | Application for Employment Authorization | Based on an approved asylum application [(a)(5)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a request by a qualified F-1 academic student. [(c)(3)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on a pending asylum application [(c)(8)] | November 6, 2010 |
| I-765 | Application for Employment Authorization | Based on a pending I-485 adjustment application [(c)(9)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for El Salvador [(c)(19)(a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | Based on TPS for Honduras/Nicaragua [(c)(19), (a)(12)] | 3 Months |
| I-765 | Application for Employment Authorization | All other applications for employment authorization | 3 Months |
| I-817 | Application for Family Unity Benefits | Voluntary departure under the family unity program | 6 Months |
| I-821 | Application for Temporary Protected Status | El Salvador extension | 3 Months |
| I-821 | Application for Temporary Protected Status | El Salvador initial or late filing | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua extension | 3 Months |
| I-821 | Application for Temporary Protected Status | Honduras and Nicaragua initial or late filing | 3 Months |
| I-824 | Application for Action on an Approved Application or Petition | To request further action on an approved application or petition | 3 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) | 6 Months |
| I-829 | Petition by Entrepreneur to Remove Conditions | Removal of lawful permanent resident conditions (immigrant investors) based on PL107-273 | 6 Months |
| I-90 | Application to Replace Permanent Resident Card | Initial issuance or replacement | 3.5 Months |
| I-90 | Application to Replace Permanent Resident Card | 10-year renewal | April 1, 2009 |
| N-565 | Application for Replacement Naturalization/Citizenship Document | U.S. citizen applying for a replacement of naturalization or citizenship certificate | 6 Months |
| N-600 | Application for Certification of Citizenship | Application for recognition of U.S. citizenship | 5 Months |
| N-643 | Application for Certification of Citizenship on Behalf of an Adopted Child | Application for recognition of U.S. citizenship on behalf of an adopted child | June 16, 2010 |
Those pondering the prospect of petitioning for Immigration benefits should note that the above estimated processing times only account for USCIS processing and do not take into account possible processing at the United States National Visa Center (NVC) as well as Consular Processing times at a US Embassy, US Consulate, American Institute, or US Mission abroad.
For related information please see: US fiance visa.
6th January 2011
American Institute Taiwan: Holiday Closing Schedule 2011
Posted by : admin
For those American Citizens or United States Lawful Permanent Residents who frequently travel abroad, it may sometimes prove necessary to obtain services or assistance from an American Mission abroad. In an effort to forestall fruitless trips by the public to US Posts abroad the administration of this blog routinely posts the holiday closing schedules of various US Missions in Asia. This blogger has personally found that arriving at a US Embassy only to find it closed due to observance of an American or foreign holiday can be frustrating. The following was quoted directly from the official website of the American Institute in Taiwan:
January 2011
- Monday, January 3: Consular Section In-Service Day (AIT/Taipei)
- Monday, January 17: Birthday of Martin Luther King, Jr. (US Holiday)
February 2011
- Tuesday, February 1: Consular Section In-Service Day (AIT/Taipei)
- Wednesday, February 2 to Monday, February 7: Chinese Lunar New Year Holidays (Local)
- Monday, February 21: Washington’s Birthday (US Holiday)
- Monday, February 28: Peace Memorial Day (Local)
March 2011
- Tuesday, March 1: Consular Section In-Service Day (AIT/Taipei)
April 2011
- Friday, April 1: Consular Section In-Service Day (AIT/Taipei)
- Monday, April 4: Children’s day (Local)
- Tuesday, April 5: Tomb Sweeping Day (Local)
May 2011
- Monday, May 30: Memorial Day (US Holiday)
June 2011
- Monday, June 6: Dragon Boat Festival (Local)
July 2011
- Monday, July 4: Independence Day (US Holiday)
September 2011
- Thursday, September 1: Consular Section In-Service Day (AIT/Taipei)
- Monday, September 5: Labor Day (US Holiday)
- Monday, September 12: Mid-Autumn Festival (Local)
October 2011
- Monday, October 3: Consular Section In-Service Day (AIT/Taipei)
- Monday, October 10: National Holiday (Local) also Columbus Day (US Holiday)
November 2011
- Tuesday, November 1: Consular Section In-Service Day (AIT/Taipei)
- Friday, November 11: Veterans Day (US Holiday)
- Thursday, November 24: Thanksgiving Day (US Holiday)
December 2011
- Thursday, December 1: Consular Section In-Service Day (AIT/Taipei)
- Monday, December 26: Christmas Day (Observed US Holiday)
Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or additional visa pages are well advised to contact and American Citizen Services Section of the nearest US Mission with jurisdiction over the area in which one is physically present.
For the homepage of the official website of the American Institute in Taiwan please click HERE
Those seeking US non-immigrant visas such as the B-2 visa for tourists, the B-1 visa for short term business travelers, the F-1 visa for students, or the J-1 visa for exchange visitors are likely to have their visa application adjudicated by a non-immigrant visa unit of a US Mission abroad. Those seeking immigrant visas for Taiwanese loved ones are likely to process their application through an Immigrant Visa Unit. It should be noted that for purposes of visa application processing the K-1 visa, although technically a non-immigrant US fiance visa, is generally treated as if it were an immigrant visa.
Those seeking Business or Investment visas such as the E-2 visa for Traders, the L-1 visa for intra-company transferees, or an EB-5 visa for immigrant investors should note that an approved immigration petition may be required before a US Mission abroad will process a visa application.
Those seeking advice and/or counsel regarding a pending US immigration matter are well advised to contact a licensed American lawyer in order to gain insight into the practical application of US Immigration law upon the unique facts in a given case.
For related information please see: CR1 Visa.
3rd January 2011
US Embassy Vietnam Holiday Closing Schedule for 2011
Posted by : admin
The administration of this blog routinely posts the holiday closing schedules of various United States Missions in Asia in an effort to share this information with those Americans or foreign nationals traveling outside of the United States who need to obtain services which can only be provided by an American Post abroad. The following is the holiday closing schedule of the US Embassy in Hanoi, Vietnam as quoted from the US Embassy’s official website:
The following list of official holidays for 2011 has been approved consistent with the provisions of 3 FAM 2336 (American holidays) and the revised Article 73 of the Vietnamese Labor Code. The U.S. Embassy will be closed on these days.
| Holiday | Date | Day | Type |
| New Year’s Day | January 03 | Monday | A&V |
| Martin Luther King’s Birthday | January 17 | Monday | A |
| Lunar New Year Festival | February 02-07 | Wed-Mon | V |
| President’s Day | February 21 | Monday | A |
| National Anniversary of Hung Kings | April 12 | Tuesday | V |
| Victory Day (observed) | May 02 | Tuesday | V |
| International Labor Day (observed) | May 03 | Wednesday | V |
| Memorial Day | May 30 | Monday | A |
| Independence Day | July 04 | Monday | A |
| Vietnamese National Day | September 02 | Friday | V |
| Labor Day | September 05 | Monday | A |
| Columbus Day | October 10 | Monday | A |
| Veterans Day | November 11 | Friday | A |
| Thanksgiving Day | November 24 | Thursday | A |
| Christmas Day (observed) | Dec 26 | Monday | A |
V = Vietnamese Holidays
A – American Holidays
Those seeking services such as issuance of a Consular Report of Birth Abroad, US Passport, or addition of visa pages to an already issued US Passport are well advised to contact the American Citizen Services Section of the nearest US Embassy, US Consulate, American Institute, or US Mission with appropriate Consular jurisdiction.
Those seeking the homepage of the official website of the US Embassy in Hanoi, Vietnam should click HERE.
Those seeking information regarding matters pertaining to United States Immigration are well-advised to contact a licensed American lawyer in order to receive advice and counsel regarding the practical implications of the application of relevant American Immigration law.
Those seeking Non-immigrant visas such as the B-2 visa for tourists, the B-1 visa for business travelers, the J-1 visa for cultural exchange visitors, or the F-1 visa for students are likely to have their visa application processed through the Non-immigrant Visa Unit of the nearest American Mission.
Generally, those seeking US family based visas are required to process their application through an Immigrant Visa Unit of a US Mission abroad. For purposes of visa application processing the non-immigrant US fiance visa (the K-1 visa category) is treated in essentially the same manner as the Immigrant spouse visas such as the CR1 Visa or the IR1 Visa.
Those seeking business and/or investment based visas such as the EB-5 visa or the L-1 visa are generally required to process an Immigration petition at the Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS) prior to Consular Processing of the visa application.
For related information please see: US Visa Vietnam or K-1 Visa Vietnam.
2nd January 2011
US Consulate Hong Kong & Macau: Holiday Closing Schedule for 2011
Posted by : admin
Those who may have seen this blog previously might have taken notice of the fact that the administration routinely posts the holiday closing schedules of US Missions in the Asia-Pacific regions in an effort to provide a courtesy to those with business at an American Mission abroad. The following is quoted directly from the official website of the US Consulate in Hong Kong (Special Autonomous Region of the Peoples’ Republic of China) with American Consular jurisdiction over the Special Autonomous Region of Macau:
The following list includes all official holidays (both U.S. and Hong Kong) for 2011.
| Saturday, January 1 (observed Friday, December 31) |
New Year’s Day | A |
| Monday, January 17 | Martin Luther King’s Birthday | A |
| Thursday, February 3 | Lunar New Year’s Day | L |
| Friday, February 4 | Second day of the Lunar New Year | L |
| Monday, February 21 | President’s Day | A |
| Tuesday, April 5 | Ching Ming Festival | L |
| Friday, April 22 | Good Friday | L |
| Monday, April 25 | Easter Monday | L |
| Monday, May 2 | The day following Labor Day | L |
| Monday, May 30 | Memorial Day | A |
| Monday, June 6 | Tuen Ng Festival | L |
| Friday, July 1 | Hong Kong SAR Establishment Day | L |
| Monday, July 4 | Independence Day | A |
| Monday, September 5 | Labor Day | A |
| Tuesday, September 13 | The day following Chinese Mid-Autumn Festival | L |
| Wednesday, October 5 | Chung Yeung Festival | L |
| Monday, October 10 | Columbus Day | A |
| Friday, November 11 | Veterans Day | A |
| Thursday, November 24 | Thanksgiving Day | A |
| Sunday, December 25 (observed Monday, December 26) |
Christmas Day | A/L |
| Tuesday, December 27 | Second Week-Day after Christmas Day | L |
A – American Holiday/L – Local Holiday
Notes: Three local holidays falling on Saturdays are not included in the 2011 holiday schedule (the third day of the Lunar New Year, February 5, the day following Good Friday, April 23 and National Day, October 1)
Those seeking services such as the issuance of a Consular Report of Birth Abroad, US Passport, or addition of new visa pages to a previously issued US passport are well advised to contact the American Citizen Services Section of the nearest US Embassy, Consulate, American Institute, or Mission with Consular jurisdiction over the geographical area in which one is located.
Those seeking the homepage of the official website of the United States Consulate: Hong Kong & Macau please click HERE.
Those interested in retaining advice and counsel regarding United States Immigration matters are well advised to contact a licensed American Attorney in order to be apprised of the practical implications of the application of relevant United States immigration law.
Those seeking family based visas typically process their visa application through an Immigrant Visa Unit of a US Mission abroad, for purposes of visa application processing US fiance visa applications (the K-1 visa category) are treated in essentially the same manner as Immigrant visa categories like the CR-1 visa and the IR-1 visa categories.
Business and Investment visa applications for visa categories such as the L-1 visa and the EB-5 visa are typically processed after the adjudication of an initial immigration petition at the American Department of Homeland Security‘s United States Citizenship and Immigration Service (USCIS).
Those seeking non-immigrant visas to the USA under visa categories such as the B-2 (US Tourist Visa), B-1 (US Business Visa), F-1 (US Student Visa), J-1 (US Cultural Exchange Visitor) categories are generally required to process their visa application through a Non-immigrant Visa Unit of a US Mission in their jurisdiction.
For related information please see: US Visa China.
27th December 2010
@America Takes Off in Indonesia
Posted by : admin
It recently came to this blogger’s attention that the United States Embassy in Indonesia has made great progress in showcasing the USA to the people of Indonesia. In fact, it was recently reported that a new cultural center has been opened in Jakarta, Indonesia with the sole purpose of encouraging American and Indonesian exploration of new technology. To quote directly from the website America.gov:
NEW AMERICAN CULTURAL CENTER IN JAKARTA
After many months of planning, @america, the United States’ first high-tech cultural center, opened to the Indonesian public December 2…
According to the U.S. Embassy in Jakarta, @america is a one-of-a-kind, high-technology American cultural center where visitors can explore, experience and express their interests about the United States in innovative ways. In the physical and virtual spaces of @america, visitors will experience cutting-edge technology, interactive games and live events designed to facilitate people-to-people exchanges virtually and in real life.
The new center, developed by the embassy in collaboration with Indonesian and U.S. partners, aims to expand engagement between young Indonesians and young Americans. The Indonesian firm PT Ganesha Aggies Jaya designed and will manage @america. The center is located in the Pacific Place Mall in Central Jakarta and admission is free.
This author must point out the obvious fact that this new technology center could prove to be a significant platform for cross-cultural communication. It would appear that in the coming years the United States and Indonesia may have increasingly close relations both diplomatically and economically as Indonesia (along with many other countries in Southern and Southeastern Asia) matures both as a nation and as an economic, trade, and manufacturing center. The details of future American-Indonesia relations remain to be seen, but it is clear that both countries can be very beneficial to one another as increased ties and trade is generally a mutually beneficial phenomenon.
Recently, the American President Barack Obama made a highly celebrated visit to Indonesia. It would appear that trip was a success with the Citizens of Indonesia as the President remains popular in this Southeast Asia nation. As many nations in Asia experience economic growth and success the United States of America will hopefully act as a role model for other countries in matters pertaining to technology as the technology sector in the United States remains vibrant compared to industries which were more hard hit by recent economic downturns. It could be argued that through greater technological integration the USA and countries such as Indonesia could form mutually beneficial relationships which result in innovation and increased business opportunities.
For related information please see: US Visa Indonesia, K-1 Visa Indonesia, or EB-5 Visa Indonesia.
24th December 2010
เมื่อเร็วๆนี้การพัฒนาทางเศรษฐกิจได้สร้างความสับสนอลหม่านให้เศรษฐกิจของสหรัฐอเมริกา ความเห็นของผู้เขียนบล็อกนี้ประสงค์ที่จะเห็นมุมมองในแง่บวกของเศรษญกิจอเมริกา พื้นฐานของธุรกิจในสหรัฐอเมริกายังคงเป็นหนึ่งในประเทศที่ดีที่สุดที่เป็นผู้นำทางธุรกิจในด้านการค้า การให้บริการ การผลิต อ้างจากเว็บไซต์ locationusa.comซึ่งมีการอภิปรายถึงเศรษฐกิจสหรัฐอเมริกา
องค์กรรร่วมสหรัฐอเมริกาของบริษัทต่างชาติมีการจ้างงานคนอเมริกันมากกว่าห้าล้านคนและอีกหลายล้านคนโดยทางอ้อม ไม่มีข้อสงสัยที่ว่าทำไมการลงทุนในสหรัฐอเมริกาถึงมีสิทธิประโยชน์มากมาย ด้วยจำนวนประชากรที่มากกว่า 300 ล้านคนและระบบเศรษฐกิจที่ใหญ่ที่สุดในโลก สหรัฐอเมริกาเป็นตลาดที่สำคัญแห่งหนึ่งของบริษัททั่วโลก แรงงานอเมริกันถูกจัดอันดับว่า เป็นหนึ่งในด้านการให้การศึกษาที่ดีที่สุด มีศักยภาพในการผลิตมากที่สุดและมีความสร้างสรรค์มากที่สุดในโลก แหล่งที่ประกอบธุรกิจ สหรัฐอเมริกานั้นได้จัดให้มีระบบกฎหมายที่คาดการณ์และมีความโปร่งใส สาธารณูปโภคพื้นฐานที่มีประสิทธิภาพและเข้าถึงตลาดที่ทำกำไรที่ดีมากที่สุดแห่งหนึ่งของโลก
แม้ว่ามันจะดูขัดกับสัญชาตญาณในครั้งแรก การเข้าเมืองตามกฎหมายนั้นมีผลกระทบในทางบวกต่อเศรษฐกิจท้องถิ่นเป็นความจริงอย่างยิ่งที่ ผู้อพยพต่างลงทุนในระบบเศรษฐกิจสหรัฐอเมริกาและก่อตั้งธุรกิจในอเมริกา หนึ่งในวิธีการพื้นฐานที่ผู้อพยพจะได้รับสิทธิประโยชน์ในประเทศมหรัฐอเมริกาคือการที่ชาวต่างชาติลงทุนโดยตรง เม็ดเงินที่ลงทุนในอเมริกานั้นอาจถูกมองว่าเป็นการเพิ่มมูลค่าเงินหากมีการแข่งขันกันทั่วโลกในการลงทุนของต่างชาติในการลงทุนที่มีทั้งฝ่ายหนึ่งได้เปรียบและฝ่ายหนึ่งเสียเปรียบ นอกจากนั้นการลงทุนในสหรัฐอเมริกานั้นสามารถสร้างงาน ตามที่ได้กล่าวมาแล้วการลงทุนในอเมริกาเป็นทางเลือกหนึ่งที่เหมาะสมในการดำเนินกิจการทางธุรกิจโดยมีวัตถุประสงค์ที่ดึงดูดลูกค้าจากทั้งอเมริกาซึ่งเป็นตลาดที่มีแรงขับเคลื่อนจากผู้บริโภคสูงและทั่วโลก
วีซ่านักลงทุนประเภท EB-5นั้นเป็นเอกสารการเดินทางที่มีประโยชน์ต่อผู้ที่จะลงทุนและทำงานในสหรัฐอเมริกา วีซ่าประเภทนี้เป็นเอกสารการเดินทางที่ให้ผู้ถือกับพลเมืองที่มีถิ่นฐานถาวรในการเข้าเมืองอเมริกาอย่างถูกต้องตามกฎหมายที่จุดคนเข้าเมือง ผู้ที่สนใจที่จะได้รับวีซ่าEB-5 ควรที่จะค้นหาข้อมูลและบันทึกข้อเท็จจริงว่าผู้ลงทุนที่เป็นผู้อพยพประสงค์ที่จะใช้วีซ่าEB-5ต้องลงทุนอย่างต่ำห้าแสนเหรียญสหรัฐ(500,000) สำหรับผู้ที่ไม่ได้ประลงค์จะลงทุนในแบบ EB-5 พึงระลึกว่า การลงทุนทั่วไปนั้นอย่างต่ำหนึ่งล้านเหรียญสหรัฐ (1,000,000)
สำหรับผู้ที่ประสงค์จะลงทุนในธุรกิจขนาดย่อมในสหรัฐอเมริกาอาจจะต้องการสิทธิประโยชน์จากวีซ่าอเมริกาประเภท E-2อาจจะใช้สำหรับการเดินทางไปสหรัฐอเมริกาไปต่างประเทศในการลงทุนไปยังสหรัฐอเมริกา สิ่งที่พึงระลึกคือ E-2เป็นวีซ่าประเภทไม่ใช่ผู้อพยพ ดังนั้นผู้ที่ประสงค์จะอพยพไปยังสหรัฐอเมริกาเพื่อที่จะพักอาศัยอาจจะไม่ได้รับการบริการเกี่ยวกับวีซ่า E-2
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