H-1B Visa and L-1 Visa Fees Increases per the New Law by the USCIS

H-1B Visa and L-1 Visa Fee Increase

Last August 13, 2010, President Barrack Obama signed into law Public Law 111-230, which effectively increased the fees for H-1B Visa and L-1 Visa applications under the U.S Citizenship and Immigration Services (USCIS). The new law, which will continue to stay in effect until September 30, 2014, requires that particular H-1B Visa applicants pay an additional $2,000, while particular L-1 Visa applicants pay an additional $2,250 to the USCIS on top of existing fees.
However, it has been stated that the additional fees to the USCIS for H-1B Visa and L-1 Visa applications be shouldered by the applicants’ employers, and not by the petitioners themselves. The increase does not affect companies and employees looking to the USCIS to renew or extend the status of their H-1B Visa and L-1 Visa.
Not all employers and H-1B Visa and L-1 Visa applicants are subject to the fee increases, however. Public Law 111-230 only applies to companies and employers who already employ fifty or more employees with more than 50% of their employed staff with a USCIS certified H-1B Visa or L-1 Visa (be it L-1A, L-1B, or L-2) currently working in the United States. For H-1B Visa and L-1 Visa petitioners who fall under any of these categories, they are required to comply with Public Law 111-230 by submitting the additional USCIS fee along with their filing packet for either their H-1B Visa or L-1 Visa application.
On the other hand, petitioners whose company or employers do not fall under the aforementioned criteria are required to submit written evidence, attestation or statements to the USCIS justifying why the new fee increases are not applicable to their H-1B Visa or L-1 Visa application. These evidences or statements should then be submitted to the USCIS alongside any filled out forms, applications and documents pertinent to the H-1B Visa and L-1 Visa petition.
In a teleconference held by the USCIS, it was made clear that H-1B Visa and L-1 Visa applications submitted to the USCIS without the enclosed additional fees will not be out rightly returned or rejected. Instead, the USCIS will promptly issue Requests for Evidence (RFE) for H-1B Visa and L-1 Visa applications where they believe the additional fees are required or the necessary documentation to prove otherwise is either lacking and/or missing.
Public Law 111-230 also explicitly states that these new increases to the H-1B Visa and L-1 Visa petitions come in addition to already existing filing and application charges under the USCIS. For H-1B Visa applications to the USCIS, the additional $2,000 comes on top of the I-129 form fee, the Fraud Fee, the premium processing fee and the American Competitiveness and Workforce Improvement Act (ACWIA) fee. For L-1 Visa applications to the USCIS, the additional $2,250 comes on top of the I-129 form fee, the Fraud Fee, and the premium processing fee.

The USCIS Application Form

The USCIS Application Form

It is a well-known fact that every year, thousands of foreigners come to the United States, either for a visit or to live and work here. Immigrating to the US is very common occurrence and that is why the United States is called a Melting Pot. All are aware of the privileges of lawful status in the US. The procedure on how to enter the US depends on the reason for the US visit. Obtaining a visa or a green card are the most commonly used methods in order to be allowed to travel to the US. To get a visa or green card, you need to file specific forms either at the American Consulate or while in the US. There are immigrant and non-immigrant visas and you can get one or the other depending on the intention of your visit. Non-immigrant visas are for temporary visits to the U.S., such as for tourism, study, or temporary work. Immigrant visas allow foreign nationals to obtain Permanent Residence in the United States. Visitor visas, Work Visas, Student visas are few of the most common visas used to enter the US.
USCIS forms
The USCIS (formerly the INS) is the authority and government agency that processes the immigration forms. They are authorized to approve or reject the form. What USCIS application form you use depends on your circumstances. All forms are available on the USCIS website. There are many independent services that aid applicants fill out and file USCIS forms online and they charge a fee for assisting users in filling and filing the USCIS application form. In certain complicated cases, the help of attorneys is sought to prepare the form.
The process of filling out forms is at times complicated. Every year, approximately 40 percent of the forms submitted to the USCIS are rejected because they were erroneously completed or were in fact incomplete. United States immigration laws are very strict in order to ensure that all immigrants enter and stay legally. Your application will be rejected if the immigration officials are even slightly suspicious of the evidence that you have provided. Therefore be truthful and transparent when filling out the USCIS application form. All the forms come with detailed filing instructions. And when submitting the completed form to the USCIS, make sure you include the supporting documents, the correct fee and mail it to the appropriate address.
After you submit the completed USCIS application form to the USCIS, you will receive a receipt. This notification will contain a 13-digit application receipt number that you can use to track the status of the submitted application. You will also be notified about the date for biometrics. The processing time for the immigration form differs from form to form, depending on the purpose of the form. At times, the process will be expedited for certain applicants considering the situation under which they are filing the form. The USCIS updates the immigration forms frequently. While mentioning updates, the expiry and revision dates of the forms are the ones that get updated. Certain US immigration forms can be e-filed. All supporting documentation can be submitted at the time of the interview if you decide to e-file.

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Detained Immigrants Being Transferred to Remote Locations

Detained Immigrants Being Transferred to Remote Locations

Over half of all immigrant detainees are being transferred to different detention facilities, often in locations far away from their families and lawyers. Earlier this month, Human Rights Watch released a report detailing the extent and ramifications of such transfers.

More non-citizens than ever before are currently being held in detention facilities. Some of these facilities are run by ICE (US Immigration and Customs Enforcement) and some are state or local facilities that have contracted a portion of their space to ICE. Approximately 370,000 non-citizens are currently estimated to be held in detention, more than double the number from ten (10) years ago. As a result of increased detentions and overcrowding, a growing number of detainees are being transferred to remote areas without notice to their lawyers or families. According to the Human Rights Watch report, the states most likely to receive detainee transfers are Texas, California, and Louisiana.

Immigrants in detention have the right to be represented by an attorney of their choosing and to present evidence in their favor at deportation hearings. This becomes increasingly difficult when a detainee is in a remote location, far away from his or her lawyer and witnesses that could testify in the case. Detainees charged with crimes under the US criminal justice system have a right to stand trial in the jurisdiction where the crime was allegedly committed. Immigrant detainees have no such right. Hardly any protections exist to prevent ICE from transferring detainees. Transferring detainees may also affect the substantive law that applies to their case. Federal jurisdictions differ on what specifically makes someone eligible for relief from removal or asylum, for example. The location detainees are transferred to and eventually tried in can make a huge difference in their cases.

The amount of multiple transfers is also on the rise. Many detainees are transferred to three or four different locations during the course of detention. With no notice to counsel or family members, it is increasingly easy for detainees to get lost in the system with no resources to help them. The report cites immigration attorneys who are constantly “losing their clients” as they are transferred without anyone’s knowledge. The transfers result in increased costs, delays for immigration proceedings, and prolonged detention for the detainees.

The DREAM Act: Important Immigration Legislation

The DREAM Act: Important Immigration Legislation

On 12.06.10, In Immigration Direct Blog, By Immigration Direct

Developing immigration reform policies are crucial. Based on data from the National Immigration Law Center, approximately 65,000 undocumented students graduate from U.S. high schools every year. These are young men and women who came to the United States at a very young age and at no choice of their own. They grew up in the United States and have proven to be of good moral character. The idea behind the Development, Relief and Education of Alien Minors Act, also known as the DREAM Act, is to provide these young men and women, who meet certain requirements, the opportunity to obtain conditional permanent residency. These individuals must then attend college or enlist in the military, and by fulfilling either of these requirements, the road to U.S. citizenship will be open to them.

What are the specific eligibility requirements to qualify for the DREAM Act?

• The individual entered the United States before the age of 16

• The individual must have lived in the United States for at least five (5) consecutive years prior to enactment of the DREAM Act

• The individual must have graduated from high school in the United States, or have obtained a GED, or have been accepted into an institution of higher education, such as a college or university

• The individual must be between 12 and 35 years of age when they apply for conditional permanent residency

• The individual must be someone who has good moral character

If an individual can prove that they are eligible, what happens once the DREAM Act gets enacted? Once this important immigration legislation becomes law, eligible, undocumented young men and women may apply for conditional permanent residency through the DREAM Act. Once their conditional permanent residency is approved, they must:

• enroll in an institution of higher learning in order to obtain a bachelor’s degree or higher degree, such as a Ph.D., M.D., etc; or

• enlist in one of the branches of the U.S. Armed Services

It is very important that within six (6) years of being granted conditional permanent residency, the individual must complete at least two (2) years of college or military service. In this requirement is not fulfilled, the individual will be disqualified from the process.

Once five and a half years (5½) of the six (6) years have passed, the individual can file foradjustment of status in order to remove the conditionality of their permanent residency. Eventually, the person can file for U.S. citizenship once all requirements are fulfilled.

Please contact your legislators and tell them to vote for the DREAM Act and begin to address immigration reform. This is an important step towards immigration reform and providing decent, law abiding people a chance at the American dream.

Maintaining Lawful Permanent Resident Status: the Continuous Physical Presence Requirement

Maintaining Lawful Permanent Resident Status: the Continuous Physical Presence Requirement
Lawful permanent residents may lose their status if they leave the US for extended periods of time. It is important for permanent residents to consider this when planning extended trips abroad because there are some steps that can be taken to preserve status as a permanent resident even when leaving the US.
Short trips abroad should not be a problem for permanent residents. If the trip is relatively short or fixed by a certain event, such as a family member’s wedding or caring for a sick parent, for example, it is unlikely that a permanent resident will be deemed to have abandoned status. Permanent residents can leave the US for up to one year and use a green card as sufficient documentation to re-enter. If a permanent resident leaves the US for over one year, this is considered possible abandonment of permanent residency. Keep in mind that returning once a year for a limited duration is not enough to preserve permanent residency. Permanent residents need to show a continued intention to live permanently in the US. Returning to the US once a year for one or two months is generally not enough to reflect this intention.
Permanent residents who leave the US for an extended period may be deemed to have abandoned their status unless they can prove their continued, uninterrupted intention to return to the US. This intention is determined on a case-by-case basis. Examples of factors that could be used to determine an intention to return include:

• Facts concerning the temporary nature of the absence from the US
• Family ties
• Employment ties
• Ownership of property
• Business affiliations
• Nature of the obligations abroad
• Amount of time the permanent resident resided in the US before leaving
• US bank accounts
• Current driver’s license in the US state of last residence
• Maintaining membership in local and professional organizations
• Filing of tax returns in the US as a resident

Permanent residents who are planning to be outside of the US for more than one year should apply for a re-entry permit before leaving the US. A permanent resident with a valid re-entry permit cannot be deemed to have abandoned status as a permanent resident solely because of time spent abroad while the re-entry permit is still valid. But a re-entry permit alone is not enough to show that a permanent resident has maintained status. The permanent resident must also be able to otherwise demonstrate an intent to return through factors such as those listed above. Re-entry permits are valid for a maximum of two years. They will only be granted for one year if the permanent resident has been outside of the US for more than four years in total since becoming a permanent resident or in the last five years.
Permanent residents may also consider becoming US citizens before leaving the US for an extended period of time, if they qualify to apply for naturalization.  US citizens may leave the country indefinitely and return with a valid US passport.
Unfortunately there is no hard and fast rule for determining whether someone has abandoned lawful permanent residence. The determination is very fact specific and the USCIS will look at the total circumstances of the permanent resident before making a decision. Permanent residents should take steps to establish their intent to return before leaving the US for an extended period of time.

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Filing Fees Will Increase on November 23

Filing Fees Will Increase on November 23

On 10.15.10, In Immigration Direct Blog, By Immigration Direct

On September 23, U.S. Citizenship and Immigration Services (USCIS) announced that it will be adjusting fees for most immigration applications. Fees will increase by a weighted average of about 10 percent.
The fee increase is the most recent of several increases over the last several years – as USCIS strives to generate additional revenue and the number of applications submitted each year continues to decline.
Critics point out that the frequent fee increases have not been accompanied by any improvement in customer service on the part of USCIS and that USCIS has taken no meaningful measures to streamline its budget. In addition, those who favor immigration to stimulate economic prosperity have pointed out that continuing to raise fees will have an adverse affect on the desirability of applying for permission to come to the U.S., or remain here permanently.
Not all fees have increased. The Form N-400, Citizenship Application fee remains the same at $595. Certain filing fees have been reduced, including Form I-129F, K-1 Fiance(e) Petition, Form I-539, Application to Extend Nonimmigrant Status, and Form N-565, Application for a Certificate of Citizenship.
The fee changes will take affect on November 23. If you are planning to file an application with USCIS, you should take steps to get your application filed as soon as possible before November 23, unless you are one of the limited number of applicants for whom the adjustment will represent a decrease in fees.

Will USCIS Filing Fees Rise Again?

Will USCIS Filing Fees Rise Again?

On 01.31.11, In Immigration Direct Blog, By Immigration Direct

On November 3, 2010, 97 new U.S. Representatives were elected into office. They are part of the 112th Congress that came into power on January 5, 2011 and most of them do not believe in real Immigration Reform. They seem to be interesting more in passing legislation to further secure our borders. The new House Appropriations Committee Chairman Harold Rogers (R-KY) has stated that his Committee will make “make the largest series of spending cuts in history.” And the new House Budget Committee Chairman Paul Ryan (R-WI) wants to decrease 2011 “non-security discretionary spending” levels to fiscal year 2008 levels. This also means that defense spending will be untouched by this House. The House Republican Leadership is aiming at cutting fiscal year 2011 appropriations dramatically and a concern is that this may include cutting any congressional funding to the USCIS.
Over 90% of the USCIS’s budget is based on revenue obtained from fees collected from filing immigration forms. This accounted for $2.4 billion of USCIS’s $2.8 billion budget in fiscal year 2011. With some of its budget appropriated by the U.S. Congress, any further cuts may result in the USCIS raising its fees again. I hope this is not the case since we already have seen in recent years increases in fees for filing for U.S. Citizenship, for sponsoring a relative and for renewing one’s Green Card.
I hope that these fears are not justified but this new 112th Congress does not seem willing to tackle immigration reform. In his State of the Union, President Obama said:
“Now, I strongly believe that we should take on, once and for all, the issue of illegal immigration. And I am prepared to work with Republicans and Democrats to protect our borders, enforce our laws and address the millions of undocumented workers who are now living in the shadows. (Applause.) I know that debate will be difficult. I know it will take time. But tonight, let’s agree to make that effort. And let’s stop expelling talented, responsible young people who could be staffing our research labs or starting a new business, who could be further enriching this nation.”
We need to work on passing the DREAM Act and addressing the undocumented worker issue. But it has to be constructive and will require people working together. And let us not raise USCIS fees again because we should welcome all immigrants not the ones that can afford to