immigration law

USCIS Increasing Premium Processing Fee to $1,440 starting 12/02/2019




WASHINGTON — Today, U.S. Citizenship and Immigration Services announced beginning on December 2nd, it is adjusting the fee to request premium processing for certain employment-based petitions.

The premium processing fee will increase to $1,440 from the current fee of $1,410 for Form I-129, Petition for a Nonimmigrant Worker, and Form I-140, Immigrant Petition for Alien Worker. This increase, which is done in accordance with the Immigration and Nationality Act, reflects the full amount of inflation from the implementation of the premium processing fee in June 2001 through August 2019 based on the Consumer Price Index for all Urban Consumers (CPI-U). USCIS last increased the fee in 2018.

Premium processing is an optional service currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of these forms if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees. It cannot be waived.



PERM Approval – Filed on 7/7/2016




We received the PERM approval for DOL case # A-16173-23986  filed on 7/7/16.

Job Title: Software Developer III

Job Duties: Architect and develop multi-tiered web and desktop applications using T-SQL, C#, VB.NET, JavaScript, AJAX, and JS-based client frameworks.

Degree Requirement: Master Degree in Computer Science required.

Other Requirements: Must be proficient in complex SQL queries, MS development and server environments, particularly Internet Information Server and Team Foundation Server, web UIs using CSS, LESS, JavaScript, jQuery, Kendo UI, Bootstrap, and Angular.

Processing Queue:  Analyst Review

Related Links:
PERM Overview
EB-2 vs EB-3
PERM FAQ
PERM / I-140 Ability Pay Requirement
PERM and Prevailing Wage Processing Times
PERM and I-140 Complete Do it Yourself Kit
PERM Attorney

 



Deferred action for undocumented youth




To be eligible for deferred action the applicant must meet all of the following criteria:

Have arrived in the U.S. when they were under the age of sixteen.

Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012.

Currently be in school, or have graduated from high school, or have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces.

Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety.

Have been under thirty-one years old on June 15, 2012

We expect USCIS to issue the application guidelines within 60 days. Please check back for updates.

 



USCIS Launches Online Immigration System, USCIS ELIS




U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS.

The system has been created to modernize the process for filing and adjudicating immigration benefits.

“Today marks a significant milestone in our agency’s history,” said USCIS Director Alejandro Mayorkas.

“We have launched the foundation for the web-based future of our agency and our immigration benefits system.

USCIS ELIS will transform how we interact with our customers and how we manage the 6-7 million applications we receive each year.”

This initial launch brings the agency closer to realizing the future of immigration services.

Beginning today, individuals can establish a USCIS ELIS account and apply online to extend or change their nonimmigrant status for certain visa types. Eligible individuals include foreign citizens who travel to the United States temporarily to study, conduct business, receive medical treatment, or visit on vacation.

USCIS ELIS will also enable USCIS officers to review and adjudicate online filings from multiple agency locations across the country.

Historically, USCIS customers have had to apply for most benefits by mail and USCIS employees then review paper files and ship documents between offices to complete their adjudication.

Today’s launch signifies an important step forward and is the first of several releases. Future releases will add form types and functions to the system, gradually expanding to cover filing and adjudication for all USCIS immigration benefits.

This important transition for America’s immigration benefits system will take time and continued dedication to fully implement.

Following this first release, USCIS anticipates making adjustments and improvements in response to user feedback.

This process will enable USCIS to continually enhance the user experience for both customers and USCIS employees.

It will also allow the agency to smooth the transition to electronic filing over time, mindful of those individuals without computer access and the agency’s commitment to serve our diverse customer base.

Benefits of using USCIS ELIS include filing applications and paying fees online, shorter processing times, and the ability to update user profiles, receive notices, and respond to requests electronically.

The system also includes tools to combat fraud and identify national security concerns.

Mayorkas attributed today’s successful launch to the steadfast dedication of the USCIS workforce.

“USCIS employees believe in the transformation of our agency from a paper-based to an online environment.

It is through their vision, unwavering commitment, and hard work that we have reached this important milestone,” Mayorkas said.

Visit www.uscis.gov/uscis-elis to take a tour of the new system, learn about eligibility and the benefits of using USCIS ELIS, and find frequently asked questions.



FAQ’s – Tuesday May 8th, 2012




H-4 Visa:

Question: Can you please let me know if I can send my wife and son to India for a few months and return to US without stamping with new petition? Their H4 visa on passport is valid till Jan 2013 but with my previous petition.

Answer: Yes you can. The H-4 visa is valid until expiration as long as you are in H-1B status. The H-4 is not tied to your current employer in the same way as your H-1B status.



USCIS Online Case Status down from 12/2 to 12/5




USCIS released a statement that their online case status and other customer relationship information system sites will be unavailable from 12/2/11 at 7PM EST until 12/5/11 at 9AM EST.



November Visa Bulletin – Employment Based




Please click here for the November 2011 Employment based dates



Visa Bulletin dates added to home page for easy reference




We have added the Visa Bulletin dates to our site for easy reference. Please click here for the Employment based dates:



New York challenges Defense of Marriage Act




(Reuters) – Two days after same-sex marriage became legal in New York, the state’s attorney general has taken legal action challenging the constitutionality of the U.S. law which defines marriage as between a man and woman.

In court papers filed on Tuesday in U.S. federal court in Manhattan, New York Attorney General Eric Schneiderman said the Defense of Marriage Act, or DOMA, violates same-sex couples’ right to equal protection under the U.S. Constitution.

The 1996 law prohibits same-sex couples from receiving marriage-based benefits such as Social Security survivor benefits, health benefits and the right to file taxes jointly.

Schneiderman argued the law intrudes on the state’s right to regulate marriage. On Sunday, gay couples began to marry in New York after it was made legal.

New York is the sixth and largest U.S. state to allow same-sex marriage. Connecticut, Iowa, Massachusetts, New Hampshire, Vermont and the District of Columbia also do so.

“By discriminating among married couples based on sexual orientation and sex, DOMA deprives New York of the ability to extend true equality to all marriages valid in the State,” Schneiderman wrote.

Schneiderman made his arguments in support of a case brought by Edie Windsor, a woman who sued the United States last year after an inheritance from her former partner was taxed. Windsor, who was married in Canada in 2007, said she had to pay $350,000 in inheritance tax in 2009 after the federal government refused to recognize her marriage.

Windsor argued she “was forced to pay in violation of the constitutional guarantee of equal protection of the law.”

In February, the Obama administration announced it would no longer defend the Defense of Marriage Act’s section which defines marriage as between a man and woman.

http://www.reuters.com/article/2011/07/26/us-gaymarriage-newyork-doma-idUSTRE76P7BT20110726



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