H1B Visa Lawyer Blog

November 15, 2016

H-2B Cap Count UPDATE – 11/7/16

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.

The H-2B cap limit for first half of FY 2017 (October 1 – March 31) is 33,000. As of the last count (11/7/16); 11,696 beneficiaries have been approved and 1,113 are pending for a total of 12,809.

The H-2B cap limit for second half of FY 2017 (April 1 – September 30) is 33,000. As of the last count (11/7/16); 0 beneficiaries have been approved and 0 are pending for a total of 0.

November 14, 2016

Visa Bulletin – December 2016

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click here to view the December 2016 Visa Bulletin

The monthly Visa Bulletin has changed. The bulletin now summarizes the availability of immigrant numbers during the reported month for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center using Consular Processing (outside of the US) or file on their own with USCIS Form I-485 (within the US).

November 10, 2016

MVP LAW GROUP – Immigration Q&A Forum, Thursday, Nov. 10, 2016

by Kellie N. Lego

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – H1B Nonimmigrant Work Visa

I have vacation plans to go out of the country the first week of July. Can I file my H-1B extension petition prior to leaving?

November 9, 2016

Changes to Individual Taxpayer Identification Number (ITIN)

by Kellie N. Lego

The USCIS has sent out an email alerting stakeholders that the Internal Revenue Service (IRS) recently announced changes to the Individual Taxpayer Identification Number (ITIN) program. These changes will require some individuals to renew their ITIN. If your ITIN is expiring soon the IRS will send you a letter stating that renewal is required. More information about the ITIN is available online by visiting the ITIN Expiration Frequently Asked Questions Web page on the IRS website.

The IRS is now accepting ITIN renewal applications and encouraging people to plan ahead so that their ITINs don’t expire. ITINs are used by people who have tax filing or payment obligations under U.S. law but who are not eligible for a Social Security Number.

For further details please review the IRS News Release, “IRS Works to Help Taxpayers Affected by ITIN Changes; Renewals Begin in October“.

November 8, 2016

Economic Power of New Americans (Update) – Nevada, New Hampshire & New Jersey

by Kellie N. Lego

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Nevada, New Hampshire & New Jersey.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

November 7, 2016

MVP “Immigration Q & A Forum” – This Thursday, Nov. 10, 2016

by Kellie N. Lego

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

*Moved to Thursday because of Veterans Day!

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

November 4, 2016

Temporary Protected Status (TPS) Extended for Nepal

by Kellie N. Lego

On Wednesday, October 26, 2016, Secretary of Homeland Security, Jeh Johnson announced that he has extended Temporary Protected Status (TPS) for the country of Nepal for 18 additional months, effective December 25, 2016, through June 24, 2018. Current TPS Nepal beneficiaries who would like to extend their TPS must re-register. They have a 60-day re-registration period that runs from October 26, 2016 through December 27, 2016 and are encouraged to do so as soon as the re-registration period begins.

For further details please review the USCIS News Release, “Temporary Protected Status Extended for Nepal“.

Background:

November 3, 2016

Economic Power of New Americans (Update) – Missouri, Montana & Nebraska

by Kellie N. Lego

The Immigration Policy Center (IPC) has released all fifty states, the District of Columbia and the United States (Overall), for a total of fifty-two updated fact sheets with accompanying info graphics and other details. These fact sheets highlight the demographic and economic impact of Immigrants, Asians and Latinos in each state. The Immigration Policy Center (IPC) is the research and policy division of the American Immigration Council (AIC).

With national immigration policy being discussed as part of Presidential Elections, we thought that it would be a good time to provide some statistics on the Immigrant population in the United States as provided by this IPC research. Once a week we will be posting a blog with information on three states at a time. This week we will highlight; Missouri, Montana & Nebraska.

The IPC has compiled research which shows that Immigrants, Latinos and Asians are an essential part of each of these states’ economy, labor force and tax base. Immigrants and their children are a growing economic and political force as consumers, taxpayers and entrepreneurs. With the nation working towards economic recovery, immigrants and their children will continue to play a key role in shaping the economic and political future of each of these states.

November 2, 2016

USCIS Teleconference – Fee Rule Engagement with USCIS Director León Rodríguez – 11/2/16

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will be holding a stakeholder teleconference on Wednesday, November 2, 2016 between 3:30 to 4:30pm (Eastern). The subject of the event will be the “Fee Rule Engagement” and will include Director Rodríguez introduction and a Q&A session. Director Rodríguez will discuss the final rule published in the Federal Register with USCIS’ new fee schedule which will take effect December 23, 2016.

Event Information:

DATE: Wednesday, November 2, 2016

October 31, 2016

USCIS Immigration Filing Fees to Increase

by Kellie N. Lego

USCIS has raised its immigration filing fees effective December 23, 2016. Applications and petitions postmarked or filed on or after December 23, 2016, must include these new fees. Please note that USCIS will reject your submission if the fees are not correct!

New USCIS’ fees effective December 23, 2016

FORM	TITLE	New Fee($)
G–1041	Genealogy Index Search Request	65
G–1041A	Genealogy Records Request (Copy from Microfilm)	65
G–1041A	Genealogy Records Request (Copy from Textual Record)	65
I–90	Application to Replace Permanent Resident Card	455
I-102	Application for Replacement/Initial Nonimmigrant Arrival-Departure Document	455
I-129/129CW	Petition for a Nonimmigrant Worker	460
I-129F	Petition for Alien Fiancé(e)	535
I–130	Petition for Alien Relative	535
I–131/I-131A	Application for Travel Document	575
I–140	Immigrant Petition for Alien Worker	700
I–191	Application for Advance Permission to Return to Unrelinquished Domicile	930
I–192	Application for Advance Permission to Enter as Nonimmigrant	585/930*
I-193	Application for Waiver of Passport and/or Visa	585
I-212	Application for Permission to Reapply for Admission into the U.S. After Deportation or Removal	930
I-290B	Notice of Appeal or Motion	675
I-360	Petition for Amerasian Widow(er) or Special Immigrant	435
I-485	Application to Register Permanent Residence or Adjust Status	1,140
I-485	Application to Register Permanent Residence or Adjust Status (certain applicants under the age of 14 years)	750
I-526	Immigrant Petition by Alien Entrepreneur	3,675
I-539	Application to Extend/Change Nonimmigrant Status	370
I-600/600A	Petition to Classify Orphan as an Immediate Relative/Application for Advance Petition Processing of Orphan Petition	775
I-601	Application for Waiver of Ground of Excludability	930
I-601A	Application for Provisional Unlawful Presence Waiver	630
I-612	Application for Waiver of the Foreign Residence Requirement (Under Section 212(e) of the INA, as Amended)	930
I-687	Application for Status as a Temporary Resident under Section 245A of the Immigration and Nationality Act	1,130
I-690	Application for Waiver of Grounds of Inadmissibility	715
I-694	Notice of Appeal of Decision	890
I-698	Application to Adjust Status From Temporary to Permanent Resident (Under Section 245A of the INA)	1,670
I-751	Petition to Remove Conditions on Residence	595
I-765	Application for Employment Authorization	410
I-800/800A	Petition to Classify Convention Adoptee as an Immediate Relative/Application for Determination of Suitability to Adopt a Child from a Convention Country	775
I-800A Supp. 3	Request for Action on Approved Form I-800A	385
I-817	Application for Family Unity Benefits	600
I-824	Application for Action on an Approved Application or Petition	465
I-829	Petition by Entrepreneur to Remove Conditions	3,750
I-910	Application for Civil Surgeon Designation	785
I-924	Application for Regional Center Designation Under the Immigrant Investor Program	17,795
I-924A	Annual Certification of Regional Center	3,035
I-929	Petition for Qualifying Family Member of a U-1 Nonimmigrant	230
N-300	Application to File Declaration of Intention	270
N-336	Request for Hearing on a Decision in Naturalization Proceedings	700
N-400	Application for Naturalization	640
N-470	Application to Preserve Residence for Naturalization Purposes	355
N-565	Application for Replacement Naturalization/Citizenship Document	555
N-600/N-600K	Application for Certification of Citizenship/Application for Citizenship and Issuance of Certificate under Section 322	1,170
	USCIS Immigrant Fee	220
	Biometric Services Fee	85

Note:

* The fee for Form I-192 will remain $585 when filed with and processed by CBP

** Certain forms require Biometric Services Fee, add $85

For further details please review the USCIS News Release, “USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees“.

Source of Information:
USCIS.gov, 10/24/16, News Release:
USCIS Announces Final Rule Adjusting Immigration Benefit Application and Petition Fees