Articles Posted in Updates

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The Department of State released the lasted visa bulletin for October 2011 on September 9, 2011.

For the month of September 2011, the EB-1 category was still current for nationals all over the world. In EB-2 category, the cut-off dates moves forward from April 15, 2007 to July 15, 2007 both for Chinese Mainland nationals and Indian nationals. In the EB-3 category, the cut-off dates moved forward from July 15, 2004 to August 8,2004 for Chinese Mainland nationals and moved forward from July 8, 2002 to July 15, 2002 for Indian nationals.

For the recently popular EB-5 investment immigration, although applicants are getting more and more, the visa number now is still current.

It is imperative that you consult with a highly trained legal professional, particularly since USCIS has become stricter with EB-1 applications after a memo was released on August 18, 2010. In essence, the USCIS memo breaks the EB-1 evaluation process up into two parts:
1) Evaluating whether the applicant meets the baseline criteria for the immigration category and
2) determining whether the applicant’s evidence demonstrates the required high level of expertise for the immigration category. In the second part of the review process the USCIS will evaluate the evidence to see if, as a whole, it proves by a preponderance of the evidence that the applicant is at the very top of his or her field of endeavour.

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Immigration New Zealand advises foreign nationals unable to leave New Zealand because of the Chilean ash cloud and whose visas expire in the meantime that, even though they may become unlawfully in New Zealand, no action will be taken against them while the disruption continues. However, there is a clear expectation that people will take steps to leave New Zealand as soon as flights resume.

When natural disasters occur or in similar circumstances that are beyond the control of the visa holder, we apply common sense and empathy in considering any visa issues.

We don’t disadvantage people for being stuck at an airport because of climatic conditions, just as we didn’t disadvantage foreign nationals whose immigration status was affected by the Christchurch earthquake.

To ensure we are aware of the reason a person has become unlawfully in New Zealand, anyone whose visa has expired pending resumption of flights should contact their nearest Immigration New Zealand branch or call the Immigration Contact Centre at 0508 55 88 55.

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UK Border Agency has produced a document clarifying aspects of the current review of the student immigration stsyem.

The document (http://www.ukba.homeoffice.gov.uk/sitecontent/documents/news/t4-review-clarification.pdf) answers some frequently asked questions raised by sponsors in the following areas:
– Educational oversight and accreditation
– Highly Trusted Sponsor status
– The interim limit
– Contact details for enquiries about the sponsorship management system
– Post-study work
– Immigration officers’ discretion to refuse
– Dependents
– Maintenance and low-risk countries
– Academic progression

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The Ministry of Foreign Affairs (MOFA) said Tuesday that from Aug. 11, Taiwanese tourists can stay in Israel for up to 90 days visa-free.

The visa-waiver agreement was signed by Simona Halperni, director of the Israel Economic and Cultural Office in Taipei on June 17, and countersigned on June 27 by Taiwan’s representative to Israel, Chang Liang-jen. This agreement makes Israel the 114th country to grant visa free privileges to Taiwanese citizens.

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Reflecting the importance of the United States’ diplomatic relationship with the Pacific Islands Countries, Ambassador C. Steven McGann dedicated the new United States Embassy facility in Suva, Fiji today. Fiji’s Ministry of Foreign Affairs Permanent Secretary Mr. Solo Mara and Office Director of the Department of State’s Bureau of Overseas Buildings Operations (OBO), Donald Schenck attended the ribbon cutting ceremony.

The new Embassy facility was designed to incorporate green building techniques and to meet the principles of the U.S. Green Building Council for Leadership in Energy and Environmental Design (LEED®) green building rating system. The multi-building complex provides more than 150 U.S. embassy employees, both American and Fijian, with over 7,500 square meters of working space.

The new facility features a collection of 30 original works of art by artists from the United States and the Embassy’s countries of accreditation: Fiji, Kiribati, Nauru, Tonga, and Tuvalu, all inspired by the natural beauty of the South Pacific. The collection transcends barriers of culture, time, and language through a visual representation of shared values between the United States and the Pacific Islands Countries.

The Pernix Group of Lombard, Illinois constructed the facility, which was designed by the architectural firm of Hellmuth Obata and Kassabaum. The $81 million project generated jobs in both the United States and Fiji. The new facility was completed in June 2011 and at times involved more than 300 workers in its construction.

Since the 1999 enactment of the Secure Embassy Construction and Counterterrorism Act, OBO has moved more than 24,000 people into safer facilities. Including the dedication of the new Embassy in Suva, OBO has completed 81 diplomatic facilities and has an additional 35 projects in design or construction.

OBO’s mission is to provide safe, secure, and functional facilities for the conduct of U.S. diplomacy and the promotion of U.S. interests worldwide. These facilities should represent American values and the best in American architecture, engineering, technology, sustainability, art, culture, and construction execution.

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The Embassy of the United States of America would like to announce that the Consular Office will be closed for non-emergency services between Friday, July 1, 2011 and Friday, July 8, 2011 while the Embassy moves to its new location in Ta Qali. During this time, only emergency American Citizen Services will be available.

Since the U.S. Embassy will be closed on Wednesday, June 29 in observation of a Maltese holiday, the Feast of St. Peter and St. Paul, the last date available for visa interview appointments and non-emergency Consular services, will be Wednesday, June 22. Please remember that all Consular services are by appointment only and can be scheduled on the Appointment Calendar of the Embassy website at: http://malta.usembassy.gov. Inquiries can be directed via email to consularmalta@state.gov.

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The Department of State has released the new visa bulletin for July 2011 on June 9, 2011 which continues to bring cheers to Chinese and Indian nationals whose Priority Dates get benefited.

For the month of July 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward nearly five months for Chinese nationals (from October 15, 2006 to March 8, 2007), and also moved forward nearly five months for Indian nationals (from October 15, 2006 to March 8, 2007). In the EB-3 category, the cut-off dates moved forward from May 15, 2004 to July 1, 2004 for Chinese nationals and moved forward from April 22, 2002 to May 1, 2002 for Indian nationals.

For the month of June 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward more than two months for Chinese nationals (from August 1, 2006 to October 15, 2006), and moved forward more than three months for Indian nationals (from July 1, 2006 to October 15, 2006). In the EB-3 category, the cut-off dates moved forward from April 15, 2004 to May 15, 2004 for Chinese nationals and moved forward from April 15, 2002 to April 22, 2002 for Indian nationals.

We will keep you updated on the recent developments on the Employment base Visa Bulletin.

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It’s an age where almost every country is tightening its borders and increasing security in order to keep out unwanted elements and terrorist activities – after the recent spate of destruction on a mass scale, many more visa restrictions are in place. So if you’ve secured a visa to the USA as a tourist, a student, a non-immigrant worker, or in any other non-immigrant category, you must be careful not to abuse the privileges you’ve been given. There are consequences to overstaying your visa, and they’re harsh and could have a severe effect on the rest of your life; so before you’re trapped by visa regulations because of your lack of awareness or your overconfidence, here’s how you can set out to minimize your US visa troubles.

• Know the visa rules of the country you’re traveling to – the rules are different for each country and each type of visa. If you’re not sure, ask a few people who are knowledgeable about these issues, like visa lawyers or others who are professionally linked to immigration offices.

• Do not overstay your visa by even a few hours – you may assume that it’s ok, but it’s actually not. You will have to face severe consequences by overstaying your visa, for whatever reason.

• If you need to overstay your visa or desire a change in the status of your application, file for an extension well in advance. Even if your application is pending, you could have to leave the US for your home country and return when your visa has been approved. Check with an experienced visa lawyer about the rules regarding extension of stay and change in status of visa.

• If you have overstayed your visa for any period of time, you could not be allowed back into the country for as many as 10 years. Check with your visa lawyer to see what consequences you could be facing and how to negate them if you’ve overstayed your visa.

• If you overstay your visa, your application may not be considered favorably even if you apply for a visa after serving your three or ten year ban.

• Don’t violate the terms of your visa – if you are not permitted to work, then don’t do so; if you are not permitted to study, then don’t do so – violating the terms of your visa too could get you deported and bring about a ban on future visa applications.

• Remember, even if you hold a valid visa, the country you are trying to visit could still refuse you right of entry at the immigration point if they find that your answers are not satisfactory. So know what you must do and say in order to honor your visa and be a respected guest in the USA.

By-line:
This guest post is contributed by Chris Jacobson who writes on the topic of Criminal Justice Degrees . Chris can be reached at his email id: chris.jacobson7-AT-gmail-Dot-com

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U.S. Citizenship and Immigration Services (USCIS) reminds Haitian nationals that the registration deadline for Temporary Protected Status (TPS) is Jan. 18, 2011.

Haitian nationals who have continuously resided in the United States since Jan. 12, 2010, and who meet other TPS eligibility requirements, must file their applications for TPS no later than Jan. 18, 2011. The TPS designation for Haiti will remain in effect through July 22, 2011.

USCIS advises Haitian nationals to review their TPS application packages carefully. Details and procedures for applying for TPS are provided on the USCIS website and in the Federal Register notice announcing TPS for Haiti.

TPS forms are available on the USCIS website or by calling toll-free 1-800-870-3676. For additional information, applicants may also contact the USCIS National Customer Service Center at 1-800-375-5283.

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In view of Mr. President Barack Obama visit to South Asian giant ‘India’, here are some updates on Indo-US bilateral relationship. The basic purpose of Mr. Obama’s visit is to strengthen the bilateral relationship.U.S. President Barack Obama began his maiden visit to India on last Saturday by promising to remove restrictions on sensitive high-tech exports, a nagging irritant in the evolution of bilateral ties, even as he declared deals worth $15 billion that would support some 54,000 American jobs and seek to answer critics back home. This step will considered to be greatest achievement of Mr. Obama after the recent debacle in US Polls.

The United States is the world’s largest recipient of Foreign Direct Investment (FDI). India is among the fastest growing investors in the United States. As the U.S.-India economic relationship deepens, investment from India contributes to the growth and vibrancy of the American economy and in the creation of jobs in the United States. Over the last decade, investment capital from India grew at an annualized rate of 53% reaching an estimated $4.4 billion in 2009. This growing flow of capital from India reflects the increased integration of the two economies and has brought many benefits to the United States, increasing U.S. exports and supporting tens of thousands of jobs in the last six years alone.

An increasing number of Indian-owned firms contribute to U.S. jobs, exports, and growth:
• Goods exports to India reached approximately $17 billion in 2009, in part due to increased FDI from India.

• Indian companies have aided the turnaround of struggling U.S. firms, saving jobs and improving company performance. They have also made important new investments, stimulating innovation and production in the American economy.

Just a few examples include:
* The Essar Group invested over $1.6 billion in the declining Minnesota Steel Industries and now employs over 7,200 people in almost a dozen states.

* The Tata Group has invested more than $3 billion in the U.S. and now employs nearly 19,000 throughout the country.

* Jubliant Organsys Total Capital invested $246 million in the U.S. and now employs nearly 900 employees throughout the country.

* Wockhardt, a pharmaceutical company, acquired Morton Grove for $37 million. The deal preserved the jobs of all 200 original Morton Grove employees.

* Crompton Greaves, an entity of the Indian conglomerate Avantha Group, has invested and partnered on a $20 million project to launch a Center for Intelligent Power with the University of Albany. The deal will create 100 high-tech jobs in upstate New York.

Indian FDI in the U.S. is on the rise:
• Indian investment capital is spread throughout the United States; it has reached states on both coasts and in the American Midwest. Geographically diversified investment by Indian firms has helped to support employment, particularly in towns reliant on industry and manufacturing that faced difficulties during the recent economic downturn.

• According to a report by Ernst & Young and the Federation of Indian Chambers of Commerce and Industry (FICCI), the largest share of investment capital from India has been allocated to industries associated with the knowledge economy. This capital is helping the U.S. increase employment in high value-added industries, such as IT and pharmaceuticals.

• FDI from India is expected to continue to grow in the future. There is strong interest from Indian investors in the power, steel, and extractive industries. The pharmaceuticals and health care industries are also expected to receive major investments. This inflow of capital will expand the U.S. economy across a wide variety of fields, creating jobs and keeping the U.S. competitive in global markets.