Posts Tagged ‘Petitions’
H1B Visa Cap Update
May 1st, 2012
Tushar Mathur EB-5 Investor Visa: Sources of Capital
March 7th, 2012
Tushar Mathur The U.S. Immigration and Nationality Act sets aside 7.1% worldwide visa numbers to qualified immigrants seeking to enter the U.S. for the purpose of engaging in a new commercial enterprise. The applicant must either have invested or is in the process of actively investing capital not less than U.S. $1,000,000 in the enterprise. This is commonly known as the EB-5 investor visa. Other categories of immigrant visa are usually oversubscribed for countries such as China and India. For instances, many family-based petitions, including those filed by U.S. citizens, are currently backlogged. The EB-2 and EB-3 employment visa categories are similarly oversubscribed.
Only 7,400 H-1B Visa Numbers Available for FY2012
November 7th, 2011
Tushar Mathur Revocation of VAWA-Based Self-Petitions
February 21st, 2011
Tushar Mathur On December 15, 2010, the USCIS issued a policy memorandum on revocation of
VAWA-Based Self-Petitions (Forms I-360). The policy memo provides policy
guidelines which the Vermont Service Center and the field offices must follow in
revoking a VAWA self petition.
The Violence Against Women Act (VAWA) was a law passed by U.S. Congress in 1994 to allocate resources to investigate and prosecute cases of violence against women. In the immigration context, victims of violence may also file self-petitions to obtain legal status. In 1997, to ensure uniform and
expeditious treatment of all self-petitions filed by battered spouses and children, the former INS implemented a centralized filing procedure by having all VAWA self-petitions adjudicated at the VSC. The reason was that the VSC adjudications officers assigned to review VAWA petitions had received
specialized domestic violence training and have developed expertise in adjudicating these petitions.
After a self-petition is approved, the USCIS has the authority to revoke the petition based on reliable new evidence. Again to ensure that petitions were revoked in a consistent and efficient manner, the former INS issued a policy memo in 2002 to designate the VSC as the sole office that had the authority to
issue notices of intent to revoke Form I-130. This policy has not been consistently followed by the local offices. Consequently, a new memo was issued by the USCIS in December to address this issue again. In order to revoke a self-petition filed by abused spouses, children and parents of U.S.
February 2011 Visa Bulletin – Family remains retrogressed; Employment sees slight advancements
January 14th, 2011
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