NYC Immigration Law Firm

U.S. Citizenship and Immigration Services (USCIS) has announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010.  Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000.  Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap.  If needed, USCIS will randomly select the number of petitions required to reach the numerical limit from the petitions received on the final receipt date.  USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations.  Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014.  Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in FY 2010 or 2011.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap.  Accordingly, USCIS will continue to process petitions filed to:

(1)  extend the amount of time a current H-1B worker may remain in the United States;
(2)  change the terms of employment for current H-1B workers;
(3)  allow current H-1B workers to change employers; or
(4)  allow current H-1B workers to work concurrently in a second H-1B position.

H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and possible requests for evidence.  USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of a FY2011 H-1B petition, which can be found on the USCIS’ website.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: H-1B by Thaker Berowitz LLP
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For anyone who read our last blog entry, this should not come as a surprise.  In fact, the following is just another reminder that there ARE people out there who do not care about immigrants and only care about making money by defrauding the immigrants and the U.S. government.

Two Miami-area women were charged with running an elaborate student visa scheme.  According to the indictment, the two women, both employees of a school, falsely stated that the petitions they signed were actual visa requests for foreign students, thereby tricking the federal government into granting more than 200 student visas to foreign nationals who were not students.

While these two women face criminal prosecution, it remains to be seen what will happen to those “students” who were “granted” visas as a result of the scheme.

Did the “students” knowingly participate in the fraud?

Did they know that they were paying to get fake visas?

Did they believe that their visas would be valid even if they did not comply with the requirements for a student visa?

Now that this scheme has surfaced, it is possible (and likely) that the U.S. Immigration and Customs Enforcement will try to track down these “students” to place them in removal proceedings for not being in possession of a valid visa.

Throughout the United States, hundreds of intending immigrants are being defrauded by people claiming to have the authority or expertise to “make the American Dream come true.”  Immigrants are spending thousands of dollars to hang on to a promise that is never fulfilled.  Instead, they become victims of fraud.

This situation is completely different from immigrants who may conspire to commit a fraud.  While there are those cases, majority of the immigrants who are victimized due to fraud are innocent participants of schemes formulated by greedy people who want nothing more than to take advantage of those who do not know the immigration laws.

It remains to be seen whether the “students” in this Miami scheme were “innocent victims” or “willing participants” in the fraud committed by the two school employees.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: immigration fraud by Thaker Berowitz LLP
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As we always caution anyone seeking the assistance of a qualified “immigration practitioner,” make sure the person you pay money to is actually qualified to help with immigration matters and not just someone holding himself or herself out to be a lawyer!

Recently, a New York woman was convicted for defrauding many immigrants from thousands of dollars by promising to obtain permanent residency (green card) to those who paid her.

NO ONE can ever guarantee a specific outcome in an immigration matter.  So beware of anyone who makes such promises!

Click here to read the article about the New York woman convicted of immigration fraud.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: immigration fraud by Thaker Berowitz LLP
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U.S. Citizenship and Immigration Services (USCIS) has announced that it has posted a revised Application to Register Permanent Residence or Adjust Status, Form I-485.

In addition to a revised form, there are new filing locations.

Beginning February 25, 2010, most applicants must submit Form I-485 to a USCIS Lockbox facility, depending  on the eligibility category under which they are filing, as provided in the form instructions.  USCIS Service Centers will forward all Form I-485 applications to the appropriate Lockbox facility until March 29, 2010.  USCIS will accept previous versions of Form I-485 until March 29, 2010.

After March 29, 2010, USCIS will only accept the Form I-485 dated 12/03/09. Any previous versions of the the form that are submitted will be rejected. After the transitional period, the Service Centers will return any incorrectly filed Form I-485 with instructions to send the application to the correct location.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: Forms by Thaker Berowitz LLP
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U.S. Citizenship and Immigration Services (USCIS) has announced that it has posted a revised Petition for Amerasian, Widow(er), or Special Immigrant (Form I-360).

The new form is dated 12/30/09, and due to the changes, no previous versions of the form will be accepted 30 days after publication.

There are also new filing locations for Form I-360.

Beginning February 25, 2010, applicants must file a Form I-360 with either the Vermont Service Center, the Nebraska Service Center, or at a USCIS Lockbox facility.  Where applicable, USCIS Service Centers will forward Form I-360 petitions to the appropriate Lockbox facility until March 29, 2010.  After the transitional period, the Service Centers may return incorrectly filed Form I-360 with instructions to send the petition to the correct location.   USCIS will accept previous versions of Form I-360 until March 29, 2010.  After March 29, 2010, USCIS will reject previous versions of the form submitted.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: Forms by Thaker Berowitz LLP
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U.S. Citizenship and Immigration Services (USCIS) has announced revised filing instructions and addresses for applicants filing an Application for Employment Authorization (Form I-765).

Beginning February 24, 2010 applicants must now submit Form I-765 to one of the USCIS Lockbox facilities or the USCIS Vermont Service Center, based on the classification under which they are filing.  Detailed guidance can be found in updated Form I-765 instructions.

The Service Centers will forward incorrectly filed applications to the USCIS Phoenix and Dallas Lockbox facilities for the first 30 days, until March 26, 2010. After March 26, 2010, applications incorrectly filed at USCIS Service Centers will be returned to the applicant, with a note to send the application to the correct location.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: Forms by Thaker Berowitz LLP
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U.S. Citizenship and Immigration Services (USCIS) has announced revised filing instructions and addresses for applicants filing an Application for Replacement/Initial Nonimmigrant Arrival-Departure Document (Form I-102).

The new form is dated 1/13/10.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: Forms by Thaker Berowitz LLP
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U.S. Citizenship and Immigration Services (USCIS) has announced revised filing instructions and addresses for applicants filing Form I-824, Application for Action on an Approved Application or Petition.

The new form is dated 12/11/09.

The changes are part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities.  Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: Forms by Thaker Berowitz LLP
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What is an immigration detainer and how does it work?

Are detainers only placed on unauthorized immigrants?

What happens after an immigration detainer has expired?

What are the consequences of immigration detainers?

In order to better understand immigration detainers’ function and impact, the Immigration Policy Center (IPC) provides the following Fact Check to shed much needed light on this often misunderstood immigration enforcement tool.

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: Detainers, Immigration Detention by Thaker Berowitz LLP
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The Board of Immigration Appeals was closed February 5-11, 2010, due to extreme weather conditions in the Washington, DC, area.  On this occasion, the Board will apply a temporary “grace period” for the following filings:

(1) the filing was due on any date from Friday, February 5, 2010, to Thursday, February 18, 2010, and

(2) the filing was received on or before February 19, 2010.

The grace period will apply automatically. No request or documentation is required.

Filings that arrive after February 19, 2010, are subject to normal filing deadlines. If weather is an issue for any of those filings, parties should consult the BIA Practice Manual, Chapter 3.1(b)(v), on page 34 (“Natural or manmade disasters”).

© 2010, Thaker Berowitz LLP. All rights reserved.

Filed under: BIA by Thaker Berowitz LLP
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