Posts Tagged ‘Permanent Residence’

Recent Decision on National Interest Waiver

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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British Columbia expands Provincial Nominee program to bring in more foreign workers

Canadian province, British Columbia, has announced a new pilot project to bring more immigrant workers to its Peace River Regional District. They hope the plan will help fix the region’s severe worker shortage.
The new initiative, designed to expand British Columbia’s Provincial Nominee Program, will be called the Northeast Pilot Project. The British Columbia government hopes that it will attract foreign workers to jobs of all skill levels.

“This is all part of the jobs strategy to support the jobs plan,” said John Yap, Chair of the British Columbia’s Immigration Task Force in an announcement at Fort St.

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Increased funds required for UK Tier 2 visa applicants from 14 June 2012

The UK Border Agency (UKBA) announced that they will increase the funds required to satisfy the maintenance requirement for Tier 2 visas applicants. The changes go into effect from 14 June 2012.

This follows a written ministerial statement from 15 March 2012 that outlines a number of changes to the Immigration Rules, including the closure of the Tier 1 Post Study Work route on 6 April 2012. The following changes will be made to the maintenance requirement for Tier 2 visa applicants:

  • Tier 2 Visa Applicants: Increased from £800 to £900
  • Dependents of Tier 2 applicants who have been in the UK for less than 12 months: Increased from £1,600 to £1,800
  • Dependents of Tier 2 applicants – all other applications: Increased from £533 to £600

If you plan to make a Tier 2 visa application on or after 14 June 2012, you must ensure that you have the correct funds held in your account as soon as possible.

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Canadian immigration announces faster permanent residency for foreign caregivers

Canadian immigration has now shortened the procedures needed for foreign live-in caregivers to obtain permanent resident status and has also announced several changes which they say will protect the caregivers from abusive employers. Canadian Citizenship, Immigration and Multiculturalism Minister Jason Kenney stated the changes were the Canadian government’s response to reports of abuse to foreign caregivers by their employers.

“Too many live-in caregivers have completed their work obligations but must continue living in the home of their employer, waiting for their application for permanent residence to be reviewed,” said Kenney. “This is understandably frustrating.

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Form I-130 Filing Location Changes

“WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan. 1 on the Form I-130 Direct Filing Locations page. This effort will balance workloads between the two locations and provide more efficient and effective processing of Form I-130.

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USCIS proposes rule to process EB-5 immigrant petitions filed between 1995 and 1998

On Sept.

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Eligibe Widows Must File Self Petition by October 28, 2011

USCIS reminds certain eligible widows or widowers of deceased U.S. citizens to file their visa petitions by October 28, 2011 – the deadline imposed by the FY2010 DHS Appropriations Act.  This Act, signed into law by the President on October 28, 2009, removed the requirement that the marriage must have existed for two years before the death of the U.S. citizen spouse in order for the surviving spouse to self-petition for lawful permanent residence status.  The elimination of the so-called "widow penalty" also allows any minor children of the widow(er) to apply for status.  However, the law imposed a two-year deadline to file the petition.  Applicants whose U.S.

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Australia lowers barrier for entry for foreign students

Australia will lower the barriers for entry for many people who with to obtain student visas.
The student visa assessment level for 38 countries will be lowered across one or more visa subclasses as of 2 April 2011. The changes come after an internal review of Australia’s student immigration system by the Department of Immigration and Citizenship (DIAC).

The review was most likely prompted by calls from Australia’s education sector to make it easier for overseas students to gain entry; In recent years, Australia has seen a sharp decline in the number of international students applicants after stricter rules were put into place.

Applicants from 38 countries will benefit by not having to provide so much documentation in support of their student visa applications; It is likely that less documentation will need to be provided to show English language proficiency, financial capacity and academic qualifications.

“Prospective students and their families, agents and education providers should be aware that these changes will lower the minimum evidentiary requirements needed for the grant of a student visa for the selected countries and education sectors,” a DIAC spokesman said today.

DIAC was quick to point out that the changes only affect the requirements for initial entry as a foreign student — not the requirements to stay on in Australia as a permanent resident after studies are completed.

“While many international students apply for permanent residence when they complete their studies, this is an entirely separate process and there is no guarantee that, on the basis of having held a student visa, a person will meet the requirements to be granted permanent residence,” DIAC said.

DIAC warned potential applicants not to choose Australia solely based on their chances of obtaining a permanent skilled immigration visa in future.

“Students should not make educational choices solely on the basis of expecting to achieve a particular migration outcome, because the skilled migration program will continue to change and adapt to Australia’s economic needs,” the spokesman said.

270,499 student visas were granted during the 2009-10 Fiscal Year, with 382,710 student visa holders actually in the country as at 30 June 2010; 80,450 of these students were from India, 80,010 were from China and 21,720 were from South Korea.


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