Archive for January, 2010
H-1B Visa Petitions – New USCIS Rules on Petitioner-Beneficiary Relationship
Posted by Josun in Green Card application on January 31, 2010
In January 2010, the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) introduced new rules for handling the H-1B applications in a memorandum. According to this new memo, employer-employee relationship must exist between the petitioner and the person who will benefit from this petition (beneficiary). And, this relationship must continue during the whole period of H-1B employment.
The petitioner must be in control of or supervise the beneficiary. A self-employed consultant does not qualify. The petitioner (employer) must be able to hire and fire the beneficiary. There are some restrictions if supervision is off-site rather than on-site.
The product produced by the beneficiary must be in the same line of business with the petitioner. Payment of the beneficiary by the petitioner and evaluation of beneficiary’s work by the petitioner are important areas of interest for the USCIS to determine if the employer-employee relationship is real and the beneficiary is eligible to get H-1B visa.
Temporary Extension of Stay for Haitian in U.S.
Posted by Josun in Country-specific immigration information on January 27, 2010
Los Angeles District Director of U.S. Citizenship and Immigration Services (USCIS) announced, on January 25, 2010 that Haitian visitors could apply to extend their stays in the United States by 18 months. This good news followed the “temporary protected status” granted to nationals of Haiti last week by Homeland Security Secretary Janet Napolitano. Accordingly, Haitians in the U.S. can extend their stay as a result of natural disaster (earthquake in early January 2010) and unsafe conditions in Haiti.
If you are Haitian citizen and came to the United States before January 12, then you qualify to extend your visa, provided that you do not have any criminal record.
Other good news is: if you submit your petition for extending your visa, change your immigration status, the USCIS will consider your petition “favorably” and even waive the $470 in fees for temporary protected status, work authorization, and biometric data.
Most of 200,000 Haitians reside in Miami and New York will be eligible for temporary protected status.