Cap Gap: F-1 Status to H-1B Status – Frequently Asked Questions

Foreign nationals who come to the United States to study are often given a year of OPT – optional practical training- following graduation from university. During OPT, a foreign national is able to work in the United States. However, once a foreign national’s OPT expires, he or she must stop working and leave the United …

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H-1B Cap: 2013 Fiscal Year Update

As anyone following the H-1B cap knows, the 2013 season kicked off on April 2, 2012. The cap is required because each year the United States only allows 65,000 cap subject H-1B visa holders into the United States. Additionally, each year the United States only allows 20,000 advance degree, cap subject H-1B visa holders into …

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Employment-Based Immigrant Statistics 2002-2011

The Department of Homeland Security recently announced how many employment-based immigrants became lawful permanent residents in 2011. The chart below breaks down the immigrants into their priority classification (e.g. first through five priority). Additionally, the chart provides historical statistics for each of the five priority classifications for the last ten years.

Of note is the …

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More People Naturalized This Year Than Last

According to the Department of Homeland Security, a total of 694,193 individuals became U.S. citizens by choice (Naturalized) last year. This is a significantly higher number than the 619,913 individuals who naturalized in 2010, but less than the 743,715 individuals who naturalized in 2009. Of interest, is the sharp increase in the number of people …

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Consulate Visa Fees Change

Effective April 13, 2012, the visa fees required by the State Department will change. The new fees represent both an increase and decrease in certain fees. Of note, marriage visa fees will decrease from $330 to $230. Additionally, the K-1 fiancee visa fee will decrease from $350 to $240. Most nonimmigrant visa …

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Why Naturalize? Protecting Your Kids From Their Stupidity

A great deal of buzz has occurred following the conviction of the defendant in the “bullying” case out of New Jersey that led to the “It Gets Better” campaign. Whether or not the punishment fits the crime, it appears that the defendant now faces the possibility of deportation.

It also appears that the defendant’s parents …

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Do You Have a Syrian Friend? Tell Them About Temporary Protected Status (TPS)

On Friday, March 23, 2012, the U.S. Government announced its intentions to grant Temporary Protected Status (TPS) to Syrians. TPS provides citizens from designated countries to remain in the United States while conditions in their country improve. TPS is often given to citizens after some sort of national calamity has befallen a country – such …

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2013 H-1B Season Opens April 2nd

Its that time of year again. On April 2, 2012 , the USCIS will begin adjudicating H-1B visa petitions for the 2013 Fiscal Year – which begins October 1, 2012. This means, that if you need or want an H-1b visa, you most likely will need to apply on or after April 2, 2012- and …

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Start Up Visa Remains Stalled In Senate

The “start up” visa – a visa that would provide immigration status to individuals creating American jobs – remains stalled in the Senate. The delay is reported to be due to Senator Grassley’s continued concerns with the immigration agency and its adjudication of immigration petitions.

According to sources, if the legislation does not come up …

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India and China EB-2 Priority Date Expected to Regress to August 2007

In the last few months, the priority date for EB-2 Indian and Chinese nationals has advanced greatly. In fact, the current priority date for those two groups is May 2010.

However, according to the Chief of the Visa Control and Reporting Division at the Department of State, the advancement is not likely to last. In …

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New, Revised Naturalization Guide Issued by Immigration Agency

The USCIS recently updated its guide to naturalization for individuals who seek to become citizens of the United States. The guide offers great guidance to those who think they are eligible and want to know what to expect. However, no guide can offer the same analysis as a naturalization lawyer.

Here is what is included …

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My I-751 Receipt Number Is Not On The USCIS Online Status Update – Solution

Marriage Visa applicants who obtain a green card within two years of their marriage are given conditional permanent residency for a period of two years. At the end of those two years, the conditional permanent resident must apply for the removal of the conditions through an I-751 petition. The process can be completed through an …

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Lisbon Embassy To No Longer Process Immigrant Visas

Effective March 1, 2012, the U.S. Embassy in Lisbon, Portugal will no longer be processing immigrant visa applications to the United States. Instead, individuals will be directed to apply for immigrant processing through the U.S. Embassy in Paris. This change is due to the “relatively low demand” for immigrant visas in Portugal.

Not to be …

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March Visa Bulletin Released

The U.S. State Department has released the March 2012 Visa Bulletin. This month’s bulletin is highlighted by significant forward movement in EB-2 India and China.

Employment-Based (EB) Summary of the March 2012 Visa Bulletin

EB-1 remains current. EB-2 India and EB-2 China both move forward to May 1, 2010. EB-3 Mexico and Philippines move …

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Transsexual Immigration Case Decided

Recently the Board of Immigration Appeals (BIA) issued an unpublished report that examined the marriage visa’s availability for a postoperative transsexual individual who had married her husband after the operation. At issue before the court was the applicant’s inability to get her native country to change her birth certificate and passport to reflect her change …

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