Integrity Legal

Those who read this blog with any frequency may be aware that the administration routinely posts the estimated processing times of the United States Citizenship and Immigration Service (USCIS) as a courtesy to the public-at-large. To quote directly from the official website of the USCIS, USCIS.gov:

Readers should be aware that the processing times noted above do NOT include consideration of the processing times at the National Visa Center (NVC) nor the Consular Processing times of each particular US Embassy, US Consulate, or American Institute abroad.

For information related to legal services in Southeast Asia please see: Legal.

Tags: American Consulate, American Embassy, American Institute, Consular Processing, CR-1 Visa, CR-1 Visa Processing Time, CR1 Visa, E 2 Visa, E2 Visa, EB-5 Visa, EB5 Visa, IR-1 Visa, IR-1 Visa Processing Time, IR1 Visa, K-1 Visa, K-1 Visa Cambodia, K-1 Visa Processing Time, K-1 Visa Thailand, K-1 Visa Vietnam, K1 Visa, K1 Visa Cambodia, K1 Visa Thailand, K1 Visa Vietnam, L-1 visa, L1 Visa, United States Citizenship and Immigration Service, United States Citizenship and Immigration Service processing time, US Consulate, US Embassy, USCIS, USCIS Processing Time, USCIS Processing Times
Posted in USCIS | No Comments »

It recently came to this blogger’s attention that the Department of Justice, in association with the Department of Homeland Security and the Federal Trade Commission (FTC), is taking measures to combat scams involving immigration services for those wishing to travel to the USA . To quote directly from a recent announcement posted upon the official website of the Department of Justice, Justice.gov:

Federal Agencies Combat Immigration Services Scams
DHS, DOJ and FTC Collaborate with State and Local Partners in Unprecedented Effort

WASHINGTON—The U.S. government will unveil a national initiative to combat immigration services scams on June 9 at 1 p.m. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this historic effort.
DHS’s U.S. Citizenship and Immigration Services (USCIS), the lead agency responsible for administering the U.S. legal immigration system, will announce the initiative while hosting events in seven cities around the country as well as the national launch in Washington, D.C.

The unauthorized practice of immigration law is an exploitative practice that endangers the integrity of our immigration system and victimizes members of the immigrant community. Understanding the gravity of this deceptive practice, federal, state and local partners have come together to combat immigration services scams on all fronts. The initiative is set upon three pillars: enforcement, education, and continued collaboration. Each agency plays a critical role to ensure the success of this national effort. This initiative exemplifies how government and community can work together to effectively address a serious problem…

The administration of this web log encourages readers to click upon the relevant hyperlinks noted above to learn more about the Justice Department’s recently announced initiative.

Unfortunately, there are many less-than-reputable organizations in jurisdictions such as those which comprise the Association of Southeast Asian Nations (ASEAN) and other locales around the world falsely purporting to have the necessary qualifications to provide advice, counsel, and assistance pertaining to United States visas and immigration.

Processing a United States visa can be a cumbersome and overwhelming process for those unfamiliar with relevant immigration law and procedure. Those thinking about retaining an American lawyer to assist in the acquisition of visas such as the CR-1 visa, IR-1 visa, K-1 visa, EB-5 visa, or L-1 visa (to name just a few visa categories) are encouraged to ascertain the credentials of those claiming knowledge of such matters. This is encouraged because only properly licensed attorneys are permitted to accept fees to engage in the practice of U.S. immigration law pursuant to 8 CFR 292.1.

In general, before a visa applicant can undergo Consular Processing at US Mission abroad (US Embassy, US Consulate, American Institute, etc) they must first receive an approved petition from the United States Citizenship and Immigration Service (USCIS).

For related information please see: US Visa Thailand or Legal.

Tags: 8 CFR 292.1, American Consulate, American Embassy, American Lawyer, ASEAN, ASsociation of Southeast ASian Nations, CR-1 Visa, CR1 Visa, deceptive practice, Department of Homeland Security, Department of Justice, Departments of Homeland Security, DHS, DOJ, EB-5 Visa, EB5 Visa, Federal Trade Commission, FTC, IR-1 Visa, IR1 Visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, legal immigration system, U.S. Citizenship and Immigration Services, United States Citizenship and Immigration Service, US Consulate, US Embassy, US Immigration Fraud, Us Immigration Scam, US lawyer, US Visa Scam, US Visa Thailand, USCIS
Posted in US Visa and Immigration | No Comments »

Frequent readers of this web log may have taken note of the fact that the administration routinely posts the holiday closing schedules of the various US Missions in Asia as a courtesy to the public-at-large. To quote directly from the official website of the United States Embassy in Kabul, Afghanistan:

DATE                                 DAY                           HOLIDAY

January 2*                 (US)  Sunday  New Year’s Day
January 16*               (US)  Sunday  Martin Luther King, Jr. Day
February 15              (AF)  Tuesday  Liberation Day
February 16**           (AF)  Wednesday  Prophet’s Birthday
February 20*              (US)  Sunday  President’s Day
March 21                   (AF)  Monday  Nawrooz (Afghan New Year – 1390)
April 28                      (AF)  Thursday   Victory Day
May 29*                    (US)  Sunday  Memorial Day
July 3*                      (US)  Sunday  Independence Day
August 1**                (AF)  Monday  First Day or Ramadan
August 18***             (AF)  Thursday  Independence Day
Aug 31 – Sept 2**      (AF)  Wednesday – Friday Eid ul-Fitr
September 4*             (US)  Sunday  Labor Day
September 8***          (AF)  Thursday  Martyrdom of National Hero Day
October 9*                 (US)  Sunday  Columbus Day
November 6-8**          (AF)  Sunday – Tuesday Eid-e Qurban
November 10*             (US)  Thursday  Veteran’s Day
November 24               (US)  Thursday  Thanksgiving Day
December 6**             (AF)  Tuesday  10th of Muharram (Ashura)
December 25               (US)  Sunday  Christmas Day

Notes:

*    American holidays marked with an asterisk (*) are observed on a different day than in the US.

**  Afghan holidays marked with double asterisks (**) are based on the Islamic Calendar and depend on sightings of the moon.  As a holiday approaches, adjustments to this schedule may be made based on local practice and Afghan government announcements.

*** Afghan holidays marked with triple asterisks (***) are observed one day earlier.

Those wishing to visit the official homepage of the United States Embassy in Kabul are encouraged to click HERE.

It may sometimes prove necessary for an American Resident Abroad or an American traveling abroad to acquire documentation (US Passport, Consular Report of Birth Abroad, Notarized affidavit, etc.) which can only be obtained from an American Citizen Services section of a US Embassy or US Consulate overseas. Americans seeking such documentation are well advised to contact an American Citizen Services Section with appropriate Consular jurisdiction.

Those seeking an American non-immigrant visa (such as a B-1 visa, B-2 visa, J-1 visa, or F-1 visa) are likely to see their visa application processed at a non-immigrant visa section of a US Embassy, US Consulate, or American Institute abroad. Meanwhile, those seeking an immigrant visa such as a CR-1 visa or IR-1 visa (for purposes of Consular Processing, the K-1 visa; although a non-immigrant US fiance visa, is treated in much the same way as immigrant visa categories for processing purposes) are likely to see their visa application processed by an Immigrant Visa Unit abroad. Immigrant visas such as those noted above are likely to only be granted pursuant to an initial adjudication of an immigration petition at the United States Citizenship and Immigration Service (USCIS).

Those seeking visas such as the EB-5 visa or the L-1 visa are well advised to take note of the fact that it is unlikely that a visa application will be adjudicated by a US Post abroad until after an initial immigration petition is approved by USCIS.

For related information please see: Legal.

Tags: American Consulate, American Embassy, American Institute, American Resident Abroad, B-1 Visa, B-2 Visa, B1 visa, B2 Visa, Consular Processing, consular report of birth abroad, CR-1 Visa, CR1 Visa, CRBA, EB-5 Visa, EB5 Visa, F-1 Visa, F1 Visa, Holiday Closing, Holiday Schedule, IR-1 Visa, IR1 Visa, J-1 visa, J1 visa, K-1 Visa, K1 Visa, L-1 visa, L1 Visa, Legal, United States Citizenship and Immigration Service, United States Embassy in Afghanistan, United States Embassy in Kabul, US Consulate, US Embassy, US Embassy Afghanistan, US Embassy Kabul, US Fiance Visa, us passport, USCIS
Posted in US Embassy Kabul | No Comments »

It recently came to this blogger’s attention that the media mogul and Mayor of the City of New York Michael Bloomberg has been noted for remarks about the beneficial aspects of immigration to America. To quote directly from the website myfoxny.com:

WASHINGTON – Detroit should take a page from Lady Liberty and shine a beacon of welcome to immigrants as a way to overcome its severe population loss, New York Mayor Michael Bloomberg said Sunday.

For those who follow this blog with any frequency it should be noted that New York has recently seen efforts by the attorney generals of that State to decrease the amount of immigration fraud in the form of illegitimate operators claiming expertise in U.S. immigration matters. It would appear that the city of Detroit has encountered much economic turbulence as a result of recent economic downturns. Meanwhile, there can be significant benefits to a national economy to be had through effective immigration policies. To quote further from the aforementioned article:

Bloomberg’s prescription for Detroit’s salvation came in a discussion about what he called a “crisis of confidence” among business people about the nation’s economy. Bloomberg said the “most obvious” answer is to encourage immigration.

“This is a country that was built by immigrants … that became a superpower because of its immigrant population, and unless we continue to have immigrants, we cannot maintain as a superpower,” he said.

Virtually all Americans are descended from those who immigrated to the United States of America. In a modern context, there are many visa categories available to prospective immigrants who are interested in conducting business in America. For example, the EB-5 visa provides lawful permanent residence to the visa holder upon lawful admission to the United States. Furthermore, the E-2 visa may allow for non-immigrant visa benefits to those foreign nationals conducting business pursuant to a Treaty with the United States. In the context of Thailand, there may be visa benefits which can be acquired pursuant to the bi-lateral relationship between the USA and Thailand as codified in agreements such as the US-Thai Treaty of Amity. Some may be eligible for similar benefits in the form of the E-1 visa. Those working for a multi-national organization may be eligible to obtain an L-1 visa as an intra-company transferee either in the form of an L-1A visa or an L-1B visa, depending upon the factual circumstances of the case.

Clearly, there are benefits to be accrued to those immigrating to the USA. Concurrently, there may also be benefits to the American economy and the American People as a result of immigration to the USA by foreign nationals.

For related information please see: US lawyer or US business visa.

Tags: American Economy, Crisis of Confidence, Detroit, E 2 Visa, E-1 Visa, E1 visa, E2 Visa, EB-5 Visa, EB5 Visa, Immigrant Investor Visa, intra-company transferees, L-1 visa, L-1a visa, L-1b visa, L1 Visa, Lawful Permanent Residence, New York Mayor Michael Bloomberg, superpower, treaty investor visa, treaty trader visa, US Business Visa, US Economy, US Immigration, US lawyer, US Visa, US Visa Burma, US Visa Cambodia, US Visa China, US Visa India, US Visa Indonesia, US Visa Korea, US Visa Laos, US Visa Myanmar, US Visa Singapore, US Visa Sri Lanka, US Visa Taiwan, US Visa Thailand, US Visa Vietnam, US-Thai Treaty of Amity
Posted in US Visa and Immigration | No Comments »

This blogger recently came upon a press release detailing the enactment of a final rule regarding E-2 visas for those wishing to invest and conduct business in the Commonwealth of the Northern Mariana Islands (CNMI). The following is quoted directly from the official website of the United States Citizenship and Immigration Service (USCIS):

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a final rule in the Federal Register that creates a nonimmigrant investor visa classification in the Commonwealth of the Northern Mariana Islands (CNMI). The “E-2 CNMI Investor Visa” allows foreign long-term investors to reside in the CNMI through December 2014. Petitions for the E-2 CNMI Investor classification will be accepted beginning Jan. 18, 2011. Petitions received before Jan. 18, 2011, will be rejected.

Authorized by the Consolidated Natural Resources Act (CNRA) of 2008, the E-2 CNMI Investor Visa will be issued for two years, is renewable, and is valid only in the CNMI. The investor’s spouse and children may also apply for status as dependents of the investor.

For those who are unfamiliar with matters pertaining to the CNMI it should be noted that only recently was this jurisdiction folded into the group of jurisdictions which utilize the Department of Homeland Security to set and enforce immigration law and policy. In the past, the CNMI maintained relatively autonomous status when it came to immigration matters, but newly enacted rules have made CNMI Immigration rules very similar to those of the rest of the USA.

E-2 visas are very useful travel documents for those wish to go to the United States of America (or in this instance, the Commonwealth of the Northern Mariana Islands) for business or investment purposes. Strictly speaking, E-2 visas are non-immigrant visas, but unlike the B-2 visa (US Tourist Visa) the E-2 is effectively treated as if it were a dual intent travel document in the same vein as an L-1 visa. One of the benefits of dual intent travel documents is that the applicant does not need to overcome the presumption of immigrant intent as set forth in section 214b of the United States Immigration and Nationality Act.

The E-2 visa is sometimes confused with the EB-5 visa. The United States EB-5 visa is an Immigrant Investor visa. Pursuant to the provisions of relevant American Immigration law the applicant for an EB-5 visa is accorded Lawful Permanent Resident status upon lawful admission to the United States in EB-5 status. It should be noted that the EB-5 visa process can be rather cumbersome as a petition must initially be filed with the United States Citizenship and Immigration Service (USCIS). Furthermore, the EB-5 visa seeker must also undergo Consular Processing at a US Embassy, US Consulate, American Institute, or US Mission with appropriate Consular jurisdiction. Finally, the United States Customs and Border Protection Service (USCBP) is tasked with inspecting and making findings of admissibility when any foreign national requests admission to the USA. As stated above, upon lawful admission to the USA, an alien national in EB-5 status will be granted conditional lawful permanent residence in the USA.

For related information please see: E2 Visa Thailand.

Tags: 214(b), American Immigrant Investor Visa, CNMI, Commonwealth of the Northern Mariana Islands, dual intent, E 2 Visa, E-2 Visa CNMI, E2 Visa, E2 Visa CNMI, EB-5 Visa, EB5 Visa, Immigrant Investor Visa, L-1 visa, L1 Visa, US Immigrant Investor Visa
Posted in American Institute Taiwan, Department of Homeland Security, E2 Visa, EB5 Visa, L1 Visa, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hong Kong, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Macau, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Iraq, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Tourist Visa, US Visa, US Visa and Immigration, USCBP, USCIS | No Comments »

The administrator of this blog recently came across a press release from the United States Mission in India. The following is quoted directly from the press release as distributed by the American Immigration Lawyers Association (AILA):

New Delhi – In an effort to make the visa application process more convenient for all Indians, the U.S. Embassy in New Delhi and Consulates General in Mumbai, Chennai, Kolkata and Hyderabad now accept visa applications from across India at all visa facilities, regardless of the applicant’s home address or city of residence. This is part of Mission India’s ongoing effort to facilitate legitimate travel to the United States.

Following the opening of Consulate General Hyderabad in 2008, the U.S. Mission has looked for ways to best capture the dynamism of India’s growth across the nation. As a result, we also redesigned our consular districts. Therefore, effective immediately, our consular districts will be reorganized as follows: Embassy Delhi: Bihar, Delhi, Haryana, Himachal Pradesh, Jammu and Kashmir, Punjab, Rajasthan, Uttarakhand, Uttar Pradesh, Bhutan; Consulate Mumbai: Goa, Gujarat, Madhya Pradesh, Maharashtra, Diu and Daman, and Dadra and Nagar Haveli; Consulate Hyderabad: Andhra Pradesh, Orissa; Consulate Chennai: Karnataka, Kerala, Puducherry, Lakshadweep, Tamil Nadu, Andaman and Nicobar Islands; Consulate Kolkata: Arunachal Pradesh, Assam, Chhattisgarh, Jharkhand, Manipur, Meghalaya, Mizoram, Nagaland, Sikkim, Tripura, West Bengal

U.S. Ambassador to India Timothy J. Roemer said, “With these changes, we believe our Consulates General and our Embassy in New Delhi will be even better positioned to support and serve Indian visa applicants, as well as American citizens and businesses throughout India.”

Actions such as those noted above can have a tremendous positive impact upon those Indian Nationals seeking United States Immigration benefits as the ability to process such travel documents at any Post in India generally results in a great deal more convenience compared to the policy of keeping Consular jurisdictions mutually exclusive.

Each year, many Indian Nationals seek visa benefits of the United States of America. While some may seek US family visa benefits in order to reunite with loved ones. Other applicants seek non-immigrant visas for short terms stays in the USA. Still others seek employment based visas to the US such as the L1 visa. Meanwhile, there are some who opt to seek United States Permanent Residence by investment through use of the EB-5 visa program.

Policies such as the aforementioned one adopted by the US Mission in India should be applauded as this shows a sincere effort on the part of the Mission in India to take measures which may be beneficial to those seeking visas to America.

For related information please see: EB-5 Visa India.

Tags: American Embassy India, American Immigration India, American Mission India, American Visa India, Consular Processing, Consular Processing India, CR1 Visa India, E1 Visa India, E2 Visa India, EB-5 Visa India, EB-5 Visa Program, IR1 Visa India, K1 visa India, K3 Visa India, L1 Visa, L1 Visa India, United States Visa India, US Embassy India, US Immigration India, US Mission India, US Visa India, US Visa Process, US Visa Process India
Posted in CR1 Visa, E1 visa, E2 Visa, EB5 Visa, IR1 Visa, J1 visa, K1 Visa, K2 Visa, K3 Visa, L1 Visa, Legal Opinion, National Visa Center, US Consulate Chennai, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Embassy India, US Embassy New Dehli, US State Department, US Tourist Visa, US Visa, US Visa and Immigration | No Comments »

Regular readers of this blog are likely to note that the administration often posts the most recent USCIS (United States Citizenship and Immigration Service) estimated processing times in an effort to provide insight to those researching United States Immigration for the first time. Depending upon the visa category that is sought, the USCIS processing time may vary as different visa categories require unique adjudication. The following time frames were quoted directly from the official website of the United States Citizenship and Immigration Service:

After a petition is submitted to either a USCIS lockbox or Service Center, the adjudication of the petition will generally occur based upon the order in which said petition is received. It should be noted that the above processing time estimates do not take into account the time it takes for the National Visa Center to process visa applications. Furthermore, Consular Processing at a US Mission, US Embassy or US Consulate abroad can add to the overall visa processing time. Therefore, even if a visa petition is approved, this does not mean that a visa will be immediately issued.

For further related information please see: K1 visa, L1 visa, E1 visa, E2 visa, or EB5 visa.

Tags: CR-1 Visa, CR1 Visa, E 2 Visa, E-1 Visa, E1 visa, E1 Visa Process, E2 Visa, E2 Visa Process, EB5 Visa, EB5 Visa Process, IR-1 Visa, IR1 Visa, K-1 Visa, K-3 Visa, K1 Visa, K1 Visa Process, K3 Visa, L-1 visa, L1 Visa, US Visa Process, US Visa Processing Time, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, E1 visa, E2 Visa, EB5 Visa, Fiance Visa Thailand, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Islamabad, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Pakistan, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US State Department, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

The administration of this blog routinely posts the processing times from the various Service Centers of the United States Citizenship and Immigration Service. This is done in an effort to provide up to date information about the current estimated processing times for visa categories such as the L1 visa, CR1 Visa, and the K1 visa. The following is quoted directly from the official USCIS website:

Those interested in obtaining a US visa for a foreign loved one, employee, or investor are well advised to note that the above quoted processing times do not reflect all of the usual waiting time in a given immigration matter, particularly where Consular Processing is called for. In many cases, the National Visa Center plays a role in the process and the case must be forwarded to a US Embassy or US Consulate abroad if the beneficiary is applying for the visa outside of the United States. These factors alone can cause further delays in the processing of a given case.

Those who must seek either an I601 waiver or an I-212 waiver before a visa can be granted may be precluded from receiving a visa until after such petitions have been adjudicated.

For related information about the US visa process in a country-specific context please see: US Visa China, US Visa Thailand, or US Visa India.

Tags: I-601 Waiver, K1 Visa, L1 Visa, National Visa Center, US Consulate, US Embassy, US Visa China, US Visa India, US Visa Thailand, USCIS Processing Time, USCIS Processing Times
Posted in American Institute Taiwan, CR1 Visa, Department of Homeland Security, Fiance Visa Thailand, I-601 Waiver, IR1 Visa, K-3 Visa Thailand, K1 Visa, K1 Visa Thailand, K2 Visa, K2 Visa Thailand, K3 Visa, L1 Visa, National Visa Center, US Consulate ChengDu, US Consulate Chennai, US Consulate Chiang Mai, US Consulate Guangzhou, US Consulate HCMC, US Consulate Hyderabad, US Consulate Kolkata, US Consulate Mumbai, US Consulate Shanghai, US Consulate Shenyang, US Consulate Singapore, US Consulate Wuhan, US Emassy Mongolia, US Embassy Australia, us embassy bangkok, US Embassy Bangladesh, US Embassy Beijing, US Embassy Burma, US Embassy Cambodia, US Embassy China, US Embassy Dhaka, US Embassy Fiji, US Embassy Hanoi, US Embassy India, US Embassy Indonesia, US Embassy Jakarta, US Embassy Japan, US Embassy Kathmandu, US Embassy Kiribati, US Embassy Kuala Lumpur, US Embassy Laos, US Embassy Malaysia, US Embassy Maldives, US Embassy Manila, US Embassy Mauritius, US Embassy Mongolia, US Embassy Myanmar, US Embassy Nauru, US Embassy Nepal, US Embassy New Dehli, US Embassy New Zealand, US Embassy Papua New Guinea, US Embassy Philippines, US Embassy Phnom Phen, US Embassy Port Moresby, US Embassy Rangoon, US Embassy Singapore, US Embassy South Korea, US Embassy Sri Lanka, US Embassy Suva, US Embassy Thailand, US Embassy Tokyo, US Embassy Tonga, US Embassy Tuvalu, US Embassy Vietnam, US Embassy Yangon, US Visa, US Visa and Immigration, US Visa Thailand, USCIS | No Comments »

In recent posts on this blog it has been noted that the United States Citizenship and Immigration Service (USCIS) must raise the fees associated with the processing of certain visa petitions. The L1 visa is a commonly sought travel document for those individuals working within a multinational corporation. Specifically, the L1 visa was designed to provide a specific travel document for intracompany transferees. The following is directly quoted from a recent executive summary compiled by USCIS which was distributed by the American Immigration Lawyers Association (AILA):

On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it…

The recent fee increase would seem to have raised some questions among petitioners, applicants, and practitioners. Therefore, USCIS officials were required to provide answers to some of the frequently asked questions. The following is quoted from the aforementioned executive summary:

During the teleconference, among other answers provided, USCIS informed the public that:

o The additional fee is required for certain H-1B or L-1 petitions postmarked on or after August
14, 2010;

o The law will remain in effect through September 30, 2014;

o This law is applicable to petitioners who employ 50 or more employees in the U.S. and more than 50% of the petitioner’s employees are in H-1B or L nonimmigrant status;

o Until the Form I-129 is updated, if a petitioner believes s/he is exempt from the requirement to pay the additional fee(s), the petitioners should include a cover letter, with their filings, that explains why the added fee does not apply. At the top of the cover letter, petitioners should include a notation of whether or not the fee is required in bold capital letters;

o If a petitioner does not include the added fee and USCIS determines the fee is required or if USCIS cannot determine if the fee is required, USCIS will issue a Request for Evidence (RFE) for the additional fee or for further explanation; and

o If the petitioner includes the increased fee, the fee should be paid by a separate check. The check should be made payable to the Department of Homeland Security. By paying the increased fee separately, USCIS will be able to more quickly issue a refund, if it is later determined that the increased fee was not required.

Employment visas to the United States of America are highly sought by foreign nationals residing in the United States as well as abroad. That said, the requirements that must be met for obtainment of such travel documents can be stringent. Therefore, the individuals seeking such visas are well advised to contact an American attorney in order to be fully advised of the processing details.

For further related information please see: E2 Visa.

Tags: American Immigration, American Visa, Department of Homeland Security, E 2 Visa, E2 Visa, Employment Visa, H-1B visa, H1B visa, L-1 visa, L-1a visa, L-1b visa, L1 Visa, L1A Visa, L1B Visa, United States Immigration, United States Visa, US Immigration, US Visa, USCIS
Posted in L1 Visa | No Comments »

The United States L-1 visa can be a very useful travel document for those who wish to work in the United States for a multi-national corporation. In recent months, many of the fees associated with visa processing have increased. For example, the Consular Processing fees for the K1 visa and the K3 Visa have risen as demands upon resources required an adjustment of costs payable by customers. Other visa categories were also subjected to fee increases.

The L1 visa is the latest subject of a fee increase as noted by the American Immigration Lawyers Association (AILA) in this quotation from a press release distributed through their network:

WASHINGTON—On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status. Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or

• To obtain authorization for an alien having such status to change employers. USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and instructions to comply with Public Law 111-230.

To facilitate implementation of Public Law 111-230, USCIS recommends that all H-1B, L-1A and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why this new fee does not apply. USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain. The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.

A Request For Evidence (RFE) is analogous to the 221g refusal in that both are requests for further documentation. These types of requests essentially “freeze” the application or petition until the Petitioner, Beneficiary, or their attorney provides the requested documentation or evidence. That said, waiting too long to respond can cause problems as the case could be deemed to have been abandoned. Generally, such forms are issued when the adjudicating officer feels that further evidence is necessary in order to decide the case.

Those interested in learning more about RFEs and visa refusals should see: US Visa Denial

To learn more about L1 visas in the context of American LLC formation please see: US Company Registration.

Tags: 221g, American LLC, K1 Visa, K3 Visa, L1 Visa, LLC, Request For Evidence, RFE, US Business American Business, US Company Registration, us visa denial, visa denial, Visa Refusal
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