As the hustle and bustle of the holidays comes to an end, we take a look at January 2017 Visa Bulletin listing the priority dates eligible for “Application Final Action,” i.e. when an I-485 adjustment of status (AOS) application may be approved or an immigrant visa (IV) issued, and the priority dates eligible for “Filing Applications,” i.e. when an AOS or IV application may be filed. Since the new fiscal year began in October 2016, we have seen across the board advances in the “Application Final Action Dates” in the family-based categories, with each of the family-based categories advancing at least a few weeks. That remains the case in January, as every category will advance with the exception of the Mexican second-preference for unmarried sons and daughters of Permanent Residents (F2B) , which does not advance. In the employment-based categories, the EB-1 category remains current for all countries. There will be minimal movement in the other categories with the exception of EB-3 India, which will remain at March 15, 2005. The “Dates for Filing” for all family- and employment-based categories and all countries will remain the same as the December 2016 visa bulletin. Looking ahead, in a December meeting with the American Immigration Lawyers Association, Charles Oppenheim, Chief of the Visa Control and reporting Division at the Department of State, indicated that a final action cutoff date will need to be imposed in the EB-1 category for India and China later this year. Mr. Oppenheim also expects a final action cutoff date in EB-2 Worldwide due to heavy demand, as well as stagnation in the EB-2 category for China. You can view the visa bulletin in its entirety below. Please contact us with any questions. U.S. Citizenship and Immigration Services (USCIS) has announced that the filing fees for most immigration filings and services will increase by an average of 21% as of December 23, 2016. USCIS will reject any immigration benefit request received on or after December 23, that does not include the new filing fee.
USCIS’s operations are funded almost entirely by the fees paid by applicants and petitioners for immigration benefits. Although the agency conducts fee reviews to determine funding levels every two years, fees have not increased since 2010. The chart below highlights the changes in some of the most commonly filed applications and petitions. The full list of forms and related filing fees can be found on USCIS’s website. There will be no increase in the Premium Processing fee ($1,225), the biometrics fee ($85), or several other fees that are set by Congress. In recognition of the burden that the filing fees have on some applicants, USCIS will continue to consider fee waivers in certain circumstances. One of the primary concerns any time USCIS raises fees is that the cost of filing the N-400 form puts the dream of obtaining U.S. citizenship out of reach for many eligible individuals. To address this concern, USCIS will create a three-level fee for the N-400 application. The standard fee will increase to $640 (not including the required biometrics fee). USCIS will also continue to exempt certain military members and those who qualify for a fee waiver. Finally, USCIS will reduce the fee to $320 for applicants whose household income is between 150% and 200% of the Federal Poverty Guidelines. The rule implementing the fee increase also includes a change in how USCIS processes applications when a fee payment is dishonored or refused by the payer’s bank. Instead of processing the application or petition while giving the applicant the opportunity to correct the payment, USCIS will now reject any application or petition if the payment is dishonored after being presented twice to the appropriate bank. If the application or petition has already been approved when the payment is rejected the second time, USCIS will notify the applicant or petitioner that it will revoke the approval for non-payment. Unless the applicant or petitioner can demonstrate that the payment was, in fact, honored, the benefit will be revoked. As always, please contact us with any questions. U.S. Citizenship and Immigration Services (USCIS) has published a revised version of Form I-9, Employment Eligibility Verification. Between now and January 21, 2017, employers may choose to use either the current version (dated 03/08/2013) or the new version (dated 11/14/2016). Beginning January 22, 2017, employers must use the new version for all new hires and for reverifications.
Employers must complete a Form I-9 within three (3) days of hire to verify the identity and work authorization of all newly-hired employees, and to re-verify the work authorization of employees whose present work authorization will expire. Employers must use the version of Form I-9 that is current at the time of hire or reverification. Using an expired or invalid version of the form can result in penalties for noncompliance. The new Form I-9 has several changes, including:
In addition, USCIS has separated the instructions from the form itself, consistent with other recent form revisions. The new separate instructions are more thorough and include specific guidance for completing each field. The revised Form I-9 is also easier to complete on a computer. Enhancements include drop-down lists and calendars for filling in dates, on-screen instructions for each field, one-click access to the full instructions, and an option to clear the form and start over. As always, please contact us with any questions. The State Department has released the December 2016 Visa Bulletin listing the priority dates eligible for “Application Final Action,” i.e. when an I-485 adjustment of status (AOS) application may be approved or an immigrant visa (IV) issued, and the priority dates eligible for “Filing Applications,” i.e. when an AOS or IV application may be filed. As has been the case since the new fiscal year began in October, December 2016 will see across the board advances in the “Application Final Action Dates” in the family-based categories. Each of the family-based categories will advance at least a few weeks. In the employment-based categories, there will be movement in the EB-2 category for nationals of China and India, which will advance two months and three months, respectively. There also will be advancements of one week to nearly three months in the EB-3 category for nationals of China, India, and the Philippines. However, the EB-3 category for all other countries will remain static for December, as will the religious worker category and the EB-5 investor category for nationals of China. The “Dates for Filing” for all family- and employment-based categories and all countries will remain the same as the November 2016 visa bulletin. USCIS will make a separate determination whether to allow the filing of AOS applications under the “Dates for Filing” chart or the “Application Final Action Dates” chart in the visa bulletin and will post the applicable chart on its website. For November 2016, USCIS has determined that applicants must use the “Dates For Filing” charts for both family- and employment-based applications, but at the time of this post, no decision has been made for December. The December Visa Bulletin also reminds that the non-minister special immigrant program and the Employment Fifth Preference Categories (I5 and R5) are set to expire on December 9, 2016, at which time visas in those categories will become unavailable unless Congress acts to extend them further. Finally, the December visa bulletin includes some rough projections about future “Final Action Dates” given continuing high demand. Although expected to remain current in the coming months, the State Department expects the EB-1 category to retrogress for nationals of India and China at some point. Similarly, the department expects a retrogression of the EB-2 dates for all countries by July 2017. The EB-3 dates will be held in place for the foreseeable future, with the exception of EB-3 India, which the department expects to move one week, hold for several months, then move another week, then hold again. You can view the visa bulletin in its entirety below. Please contact us with any questions. This is a guest post by our friend Avi Gomberg of Gomberg Dalfen S.E.N.C., a law firm specializing exclusively in Canadian immigration law. For additional information, contact the team at Gomberg Dalfen here.
Effective today, November 10, 2016, certain international travelers will need an entry document called an Electronic Travel Authorization (eTA) to travel by air to Canada. This applies to visa-exempt foreign nationals, in other words, non-Canadians who are not required to have a visa to enter Canada. The requirement only applies to those traveling by air, not those traveling by land or sea. It does not apply to citizens of the United States (those with U.S. residency (Green Cards) will require an eTA). Thus, if you require a visa to enter Canada or you are a U.S. citizen, you will not require an eTA. What is the purpose of the eTA? The implementation of the eTA program is a result of the Canada-United States Perimeter Security and Economic Competitiveness Action Plan. In essence, the eTA is a security measure that allows the Canadian authorities to screen foreign travellers before they arrive in order to ensure that they are not inadmissible to Canada. In the absence of such a pre-screening measure, visa-exempt foreign nationals are not systematically screened for admissibility until they arrive at a Canadian port of entry. The eTA will allow the Canadian authorities to lessen the expense and delay to travellers, airlines and the Canadian government caused by the significant volume of travellers being deemed inadmissible when arriving at Canadian ports of entry. Reasons for inadmissibility include membership in terrorist groups, participation in war crimes or crimes against humanity, membership in organized crime groups, criminality, or public health risks. The United States has already implemented a similar travel authorization program. Travellers will need to show the eTA before boarding a flight to Canada, or they will not be permitted to fly to Canada. It is important to note that the requirement to obtain an eTA does not dispense with any other authorizations or requirements applicable to the traveler such as work permits or study permits. In addition, the traveler remains subject to examination by the Canada Border Services Agency upon arrival in Canada. Who will need an eTA? Citizens of the following countries will need an eTA to travel to Canada by air as of November 10, 2016: Andorra; Antigua and Barbuda; Australia; Austria; Bahamas; Barbados; Belgium; British citizens*; Brunei; Chile; Croatia; Cyprus; Czech Republic; Denmark; Estonia; Finland; France; Germany; Greece; Hong Kong*; Hungary; Iceland; Ireland; Israel*; Italy; Japan; Republic of Korea; Latvia; Liechtenstein; Lithuania; Luxembourg; Malta; Monaco; Netherlands; New Zealand; Norway; Papua New Guinea; Poland; Portugal; Samoa; San Marino; Singapore; Slovakia; Slovenia; Solomon Islands; Spain; Sweden; Switzerland; Taiwan* and Vatican City (Holy See)* - best to always consult the Canadian government’s website: http://www.cic.gc.ca/english/visit/visas.asp#wb-sec * Please note that certain citizens of these countries do require Visas to travel to Canada and hence would not need an eTA Certain individuals are exempt from the eTA requirement. This group includes individuals who hold a valid Canadian temporary resident visa, members of the British Royal Family, and certain foreign nationals seeking only to transit through Canada as a passenger on a flight stopping in Canada for the purpose of refueling, among others. How to get an eTA? Applicants can access the eTA application online at www.canada.ca/eTA. Applicants will have to provide passport details, basic personal information, responses to background questions and contact information. The online application process also allows the applicant to indicate whether there are any additional details pertinent to the application, where applicants can indicate any urgent need to travel to Canada, if applicable. No documents are required for the eTA application. The Canadian authorities may request additional documents later, to be submitted manually. Once the application is submitted, the applicant will receive an automated email confirming receipt and containing an application number and a link by which the applicant can check the status of the application. The cost is CAD$7.00. Applicants who are unable to submit the application electronically because of a physical or mental disability may do so by other means, including a paper form of application. The eTA itself is an electronic document. There is no paper evidence or counterfoil provided to the applicant upon approval. Air carriers have access to the Canada Border Security Agency’s database to confirm the presence of an eTA prior to boarding the aircraft. Before a boarding pass is issued, the air carrier must receive an “ok to board” message from the CBSA database. How long will it take to process and eTA? Most eTA applications are approved within minutes of applying. However, some requests may need more time to process. If this is the case for an application, one can expect an email from Citizenship and Immigration Canada within 72 hours that tells you what the next steps are. How long is the eTA valid? The eTA is linked to the applicant’s passport. It is valid for five years or until the passport expires, whichever occurs first. The same passport used to obtain the eTA must be used for travel with the eTA. Gomberg Dalfen S.E.N.C. provides this newsletter as a service to its clients and colleagues, to provide updates on changes in Canadian immigration law. The information contained in this newsletter is not intended as legal advice, and persons receiving this information should not act on it without consulting professional legal counsel. Are You a Foreign Entrepreneur Seeking U.S. Immigration Options? Attend Our Upcoming FREE Seminar!10/21/2016
The right business can be a pathway to living and working in the United States. The Obama administration has proposed new rules to create more opportunities for foreign entrepreneurs to launch and grow businesses in the U.S. Steel, Doebley & Glassman, together with the law firm Spadea Lignana, is hosting a FREE business immigration seminar at the International House Philadelphia in the heart of University City on Wednesday, November 2, 2016, from 7:00 to 9:00 p.m. Attendees will learn about the newly proposed international entrepreneur parole rule and other immigration opportunities for entrepreneurs and investors, as well as options for opening your own business and determining the best business model for you.
The State Department has released the November 2016 Visa Bulletin listing the priority dates eligible for “Application Final Action,” i.e. when an I-485 adjustment of status (AOS) application may be approved or an immigrant visa (IV) issued, and the priority dates eligible for “Filing Applications,” i.e. when an AOS or IV application may be filed. November 2016 will see across the board advances in the “Application Final Action Dates” in both the family-based categories and the employment-based categories. Each of the family-based categories will advance at least a few weeks. Likewise, each of the employment-based categories will advance, with the largest movement in the EB-2 categories for nationals of India, which will advance nearly 11 months to November 1, 2007. The “Dates for Filing” for all family- and employment-based categories and all countries will remain the same as the October 2016 visa bulletin. USCIS has not yet determined which chart may be used for adjustment of status filings in November 2016. The agency will post that information on its website. The November Visa Bulletin also establishes cut-off dates for two categories that had expired on September 30, 2016: the non-minister special immigrant program and the Employment Fifth Preference Categories (I5 and R5). Congress passed and President Obama signed a continuing budget resolution that extends those categories through December 9, 2016, at which time visas in those categories will again become unavailable unless Congress acts to extend them further. You can view the visa bulletin in its entirety below. Please contact us with any questions. The U.S. State Department (DOS) has announced that it will begin accepting applications under the FY 2018 Diversity Immigrant Visa Program – also known as the “Diversity Visa Lottery” or “DV Lottery” – from individuals seeking U.S. permanent residence (i.e. green card). DOS will accept applications for green cards under this program beginning Tuesday, October 4, 2016, through Monday, November 7, 2016.
The DV lottery allows eligible people born in countries with historically low immigration levels to apply for one of 50,000 green cards that are made available through the program each year and awarded via a randomized computer drawing. Persons born in the following countries are not eligible to apply for DV visas in FY 2018: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, El Salvador, Haiti, India, Jamaica, Mexico, Nigeria, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. Even if a person was not born in an eligible country, they might still qualify if their spouse was born in an eligible country or if they were born in country in which neither of their parents was born or legally resident. In such cases, the applicant may claim the spouse or a parent’s country of birth for purposes of DV lottery eligibility. In addition, each applicant must meet the educational/work experience requirements. An eligible applicant must have at least a high school diploma or the equivalent (i.e. 12 combined years of elementary and secondary education), or two years of experience within the past five years in an occupation that requires at least two years of training or experience. DOS will use the U.S. Department of Labor’s O*NET database to determine whether a particular applicant’s work experience qualifies. Applications for the DV lottery must be completed and submitted through the DOS website and will only be accepted during the registration period. Late entries and paper entries will not be accepted. In addition, there is a limit of one entry per person, and DOS uses sophisticated data mining technology to detect multiple entries. Individuals who submit multiple applications will have all of their entries disqualified. Once an entry has been submitted, applicants can begin checking the status of their application on May 2, 2017. If you or someone you know is interested in pursuing a green card through the DV lottery program, please contact us. The State Department has released the October 2016 Visa Bulletin listing the priority dates eligible for “Application Final Action,” i.e. when an I-485 adjustment of status (AOS) application may be approved or an immigrant visa (IV) issued, and the priority dates eligible for “Filing Applications,” i.e. when an AOS or IV application may be filed. Despite high hopes that the new fiscal year would bring more significant advancements in priority dates, the advancements in the October Visa Bulletin are mostly moderate to small. The “Application Final Action Dates” in the family-based categories will advance at least a few weeks with the largest jump being in the F4 category (Brothers and Sisters of Adult U.S. Citizens), which will move forward nearly two years to December 1, 2002. There will be some larger advances in the “Dates for Filing” in the family-based categories, highlighted by a full year advance to January 1, 2011, in the F1 category (Unmarried Sons and Daughters of U.S. Citizens) for all countries except Mexico and the Philippines. The F1 date for Mexico will move ahead two months, while the date for the Philippines will move ahead five months. In addition, the F-4 date for filing for nationals of the Philippines will advance nearly nine months to April 1, 1994. The advances are counterbalanced, however, by stagnant dates in most of the other categories. In the employment-based categories, there is mostly positive movement in the “Application Final Action Dates.” The EB-1 category will again become current for nationals of India and China, after having retrogressed in August. There will also be significant forward movement in the EB-2 category, as the final action date will advance to February 15, 2012, for nationals of China and January 15, 2007, for nationals of India, and will become current for all other countries. In the EB-3 category, the final action date for nationals of China will advance over three years to January 22, 2013, and five months for nationals of the Philippines. The EB-3 “Application Final Action Dates” will advance a few weeks for all other countries. The employment-based “Dates for Filing” are especially disappointing for Chinese and Indian nationals, as the EB-2 and EB-3 dates will retrogress between three months and one year. There is good news for nationals of the Philippines as the EB-3 date for filing will advance nine months to September 1, 2013. The October Visa Bulletin also provides guidance regarding the expiration of two categories: the non-minister special immigrant program and the Employment Fifth Preference Categories (I5 and R5), which will expire on September 30, 2016. Those categories are “unavailable” for final action as of those dates and continuing into October 2016, unless Congress acts to extend those programs. Finally, a reminder that the “Dates for Filing Applications” are valid only for consular processing immigrant visa applications unless USCIS has stated that it will allow AOS filings consistent with that chart. USCIS will post the current acceptable charts on its website shortly after the release of the monthly visa bulletin. At the time of publication of this post, USCIS has not made any determination yet concerning the October 2016 Visa Bulletin. You can view the visa bulletin in its entirety below. Please contact us with any questions. Are you a student interested in obtaining U.S. citizenship? USCIS has made it easier for you.8/16/2016
If you are a student attending school away from home, USCIS’s policy concerning “residence” might make it easier for you pursue U.S. citizenship.
Among other requirements, a person applying for U.S. citizenship must pursue the application in the “State or [USCIS] District” that has jurisdiction over his or her place of residence, and the person must have resided in that location for at least three months before filing the application. “Residence” means the place where the applicant actually physically lives, without regard to whether they intend to be at that place permanently. This requirement can make it difficult for people who move frequently, such as students and members of the military, to establish the necessary three months of residence. However, USCIS policy provides some flexibility in determining “residence” for naturalization purposes, in some cases providing applicants with a choice. For example, students who attend school in a State or USCIS District other than their usual home residence may apply for U.S. citizenship where their school is located or where their usual home residence is located, if the student is financially dependent on his or her parents at the time of filing and during the entire naturalization process. The Obama administration has been encouraging those eligible to apply for U.S. citizenship in advance of the presidential election in November. Policies such as this make it easier for people who otherwise might have been unable to establish residence necessary to pursue their application. If you or someone you know is interested in pursuing U.S. citizenship, please contact us. |
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