Archive for February, 2010
H-1B Visa Violations That You Should Avoid
Posted by Josun in Avoid Green Card Mistakes on February 17, 2010
USCIS memo created concerns for H-1B beneficiaries and employers
The January 8, 2010 U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) issued a memo on the subject of H1b “employer-employee” relationships relating to H-1B visa application and process. This created uncertainty for many H1B beneficiaries and U.S. employers.
How does H-1B process work?
Immigration and Nationality Act has criteria for qualifications of H-1B nonimmigrant foreign national.
The U.S. Department of Labor must first determine that the petitioning U.S. employer qualifies to submit an application. The Secretary of Labor determines and certifies to the Attorney General that the U.S. employer has filed with the Secretary an application. Then, H-1B visa is issued if all conditions of the petitioner meet the requirements.
Who monitors H-1B violations?
The U.S. Department of Homeland Security’s (DHS) Document Fraud and National Security (DFNS) monitors violations of H-1B visa and other fraudulent activities by immigrants who want to stay and work in the United States.
What are the major H-1B visa violations that you and U.S. employer should avoid?
Here are some of the major violations of H-1B visa applications:
- Beneficiary non-U.S. national worked at a site other than those listed in H-1B petition.
- Beneficiary (foreign national) did not get paid for the work.
- Reporting fake working site address.
- Beneficiary worked for jobs that are not listed in H1B petition.
- Foreign national started working for U.S. employer before filing H-1B petition.
Companies that are subject to intensive scrutiny
DFNS puts more emphasis on U.S. employers that are more likely to violate H-1B visa requirements. These companies that:
- have been in business less than 10 years
- employ less than 25 employees
- earn less than $10 million
Source: Global Immigration Partners, Inc.
How long does it take to get fiancé visa (K-1)?
Posted by Josun in Green Card application on February 6, 2010
Purpose: You need K1 visa to bring your foreign fiance to get married and living in United States.
USCIS Form: As a U.S. citizen, you make your petition by filing I-129F form with U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS) office near you. USCIS office sends your petition to National Visa Center (NVC) upon approval. NVC sends it to consular section of U.S. Embassy in the country where your fiancé lives. Consulate officer contacts your fiancé and asks you fiance to apply for K-1 visa.
How long does it take? It takes two months if you lucky (workload of the consulate office is not heavy). In normal circumstances, it takes from two to six months.
U.S. embassy in your fiance’s country tries to help your fiancé as much as possible as a service to you, an American citizen.
How does fiancé visa process work?
Documents that your fiancé submits: birth certificate, valid passport, police clearance report, divorce decree or death certificate if your fiancé married before, medical examination report from doctors/health clinics listed by the embassy, two passport photographs, evidences that show that you are in a fiancé relationship in the past.
These documents must be accompanied with b (Non-Immigrant Fiancé Visa Application Form), DS-156K (Non-Immigrant Fiancé Visa Application), and Form I-134 (Affidavit of Support) that you will prepare and send.
Your fiancé goes through an interview at consular section of U.S. embassy and submits these documents and forms. Consular officer returns the originals after reviewing them and retaining the photocopies.
Please note that this information is obtained from our clients who asked us to have their documents translated into English and certified for the U.S. Citizenship and Immigration Services (USCIS, formerly Immigration and Naturalization Service – INS). This is not a legal advice or a part of legal services. You need to check with an immigration attorney to get legal advice on this and other immigration matters.