Posts Tagged ‘Beneficiary’

Recent Decision on National Interest Waiver

May 10th, 2012 Tushar Mathur

Foreign professionals and researchers applying for employment-based permanent residence status may consider obtaining an
national interest waiver (NIW). 
Normally, a foreign worker who wishes to apply for a green card by
filling a U.S.
job opening must obtain a Certified Permanent Labor Application (“Labor Certification”). 
The Labor Certification is to show that the employer cannot find a U.S. worker who
is qualified, willing and ready to do the job. 
Applicants who apply for a national interest waiver are requesting that
the Labor Certification be waived because it is in the interest of the United States.  
Unfortunately, the jobs that qualify for a national
interest waiver are not defined by statute.

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H-1B Cap-Gap Relief for FY2013

March 30th, 2012 Tushar Mathur

(The USCIS released the following Q&As on H-1B Cap-Gap Relief for FY2013 on 03/29/2012.)


Extension of Post-Completion Optional Practical Training (OPT) and F-1 Status for Eligible Students under the H-1B Cap-Gap Regulations – Questions and Answers

Introduction

These Questions & Answers address the automatic extension of F-1 student status in the United States for certain students with pending or approved H-1B petitions (indicating a request for change of status from F-1 to H-1B) for an employment start date of October 1, 2012 under the Fiscal Year (FY) 2013 H-1B cap.

Questions & Answers

Q1. What is “Cap-Gap”?
A1.

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Poverty Guidelines for 2012 for Affidavit of Support of Immigrants

March 10th, 2012 Tushar Mathur
There are many legal requirements for a foreigner who wants to become a Lawful Permanent Resident of the United States.  One of which is proof that the intending immigrant will not become a financial burden of the United States.   In all family-based petitions, the petitioner must promise under oath that the beneficiary immigrant will not become a financial burden of the U.S. by completing a Form I-864, Affidavit of Support.  The only exception is if the beneficiary has already completed 40 quarters of work in the U.S.  The petitioner (also the financial sponsor) must demonstrate in Form I-864 an income of at least 125 percent of the current poverty level for the his household size, including the immigrants and their dependents. 

If the petitioner cannot meet the I-864 requirements, another person may act as a joint sponsor and complete his or her own Affidavit of Support.  Both petitioner and the beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements. 

Every year, the U.S.

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BIA held F2A visa beneficiaries may not "opt out" of automatic conversion to F1

October 6th, 2011 Tushar Mathur

The Board of Immigration Appeal (BIA) has just held that a visa beneficiary is not allowed to retain his F2A preference status by opting out of automatic conversion to the F1 category as a son of a United States citizen upon his parent’s naturalization. Matter of ZAMORA-MOLINA, ID 3729, 25 I&N Dec. 606 (BIA 2011)

The mother of the beneficiary son filed a visa petition on his behalf when he was under the age of 21.  However, while the case was waiting for a visa number, the son turned 21 and, subsequently, the mother became a naturalized citizen.

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Poverty Guidelines for 2011 for I-864

January 28th, 2011 Tushar Mathur

 

An intending immigrant must prove to the U.S. government that he or she will not become a “public charge” after immigration.  In other words, proof that there is sufficient financial support is one of the many requirements for a person to obtain a U.S. green card.  In all family petitions, the petitioner must promise under oath that the beneficiary immigrant will not become a financial burden of the U.S. by completing a Form I-864, Affidavit of Support.  The only exception is if the beneficiary has already completed 40 quarters of work in the U.S.  The petitioner (also the financial sponsor) must demonstrate in I-864 an income of at least 125 percent of the current poverty level for the his or her household size, plus the beneficiary immigrant(s). 
 

What if the petitioner cannot meet the I-864 requirements?  Another person may act as a joint sponsor if the petitioner does not have the required financial resources.  Both petitioner and the beneficiary may also use their assets such as real estate, stocks, bonds, cash, etc., to meet the I-864 requirements.  
How do we know what the poverty guidelines are?  It is the job of the U.S.

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New Rule in Force from 6th October

October 10th, 2009 Tushar Mathur

There is a rule from the Department of Homeland Security that requires the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. To comply with the same now the consular officers are required to ensure that, the said applicants have obtained an I-129 petition form from the Department of Home land security, prior to the issuance of the visa. The said rule has been in force from the 6th of October 2009.

In case there is a further requirement of a clarification about this rule you might feel free to get in touch with the Legislation & Regulations division of the Visa Service’s.

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