Posts Tagged ‘Visa Category’

L-1 visa petitions for applicants starting a new U.S. office

Immigration Act Section 101(a)(15)(L) allows a multinational company to temporarily transfer foreign nationals with management, executive, and specialized knowledge skills to the United States to continue employment with an office of the same employer.   Petitioners seeking to classify foreigners as intracompany transferees must file an I-129 petition with a USCIS service center for a determination.  There are many complicated issues involved in the adjudication of an L-1 visa petition.  For examples, the petitioner must establish that there is a qualifying relationship between the U.S.

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UK economy at risk from immigration cap

The UK Government’s own advisory committee, the Migration Advisory Committee, has stated that the British economy could suffer permanent damage if the Government continues to restrict non-EU skilled immigration.

In April of 2011, the current Government implemented a permanent cap on Tier 1 and Tier 2 skilled immigration. This followed on from the temporary immigration cap of the previous year. The popular Tier 1 (General) category no longer exists. There is a new Tier 1 (Exceptional Talent) category; However, hardly anyone meets the requirements for this visa category.

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United States encourages entrepreneur immigration

The US government has outlined a series of “policy, operational, and outreach efforts” which it hopes will drive economic growth and stimulate investment by encouraging foreign entrepreneurs to immigrate to the United States.

The new initiatives were announced by United States Citizenship and Immigration Services (USCIS) director Alejandro Mayorkas and Secretary of Homeland Security Janet Napolitano.

“The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country,” Mayorkas said on his blog.

“These men and women fuel our nation’s economy by creating jobs, and promoting new technologies and ideas,” he added.

“Today, I joined Secretary of Homeland Security Janet Napolitano and outlined a series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States.”

USCIS announced that it will:

  • Clarify that immigrant entrepreneurs may obtain an employment-based EB-2 immigrant visa if they satisfy existing requirements, and that they may also qualify for a National Interested Waiver (no job offer required) under the EB-2 immigrant visa category if they can demonstrate that their business will be of interest to the United States.
  • Expand the Premium Processing Service to immigrant petitions for multinational executives and managers
  • Clarify that a sole owner of a business who wishes to employ himself/herself in some circumstances can establish a valid employer-employee relationship to qualify for an H-1B non-immigrant visa
  • Implement enhancements to streamline the EB-5 immigrant investor process
  • Launch new “engagement opportunities” to seek input and feedback from entrepreneurs and companies.

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USCIS Initiatives for Entrepreneurs and High Skilled Workers – EB2 Workers, NIW Petitions, H1B Self-Petitions, etc.

USCIS Director Alejandro Mayorkas announced recently in a blog post several new initiatives to encourage entrepreneurs and high-skilled workers to bolster the U.S. economy and stimulate job growth.   Director Mayorkas noted that the U.S. has a long history of welcoming innovative entrepreneurs and skilled workers into our country, and in turn they would fuel the nation’s economy by creating jobs, and promoting new technologies and ideas.

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June Visa Bulletin: Advancements in Family 1st and 2nd, Employment 2nd

In June’s Visa Bulletin, the headline news is advancements in Family 1st and 2nd, as well as Employment 2nd visa categories.  On the employment side, EB1 remains current across the board for all countries.  Besides India and China, EB2 remains current for Mexico, Philippines, and other countries.  EB2 advances to October 15, 2006 for both China and India.  The State Department has been concerned about EB2 visa usage due to upgrading of cases from the EB3 visa category.  So far, the effect due to upgrade has been minimal, allowing the State Department to significantly advance the EB2 cutoff days for China and India by using the unused visa numbers from the EB1 category.  For EB3, Philippines and other countries advance three weeks to September 15, 2005; other countries also enjoy some nice forward movements.  The “Other Worker” category moves forward by two months to November 8, 2003 for Mexico, Philippines, and other countries.

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UK immigration announces changes to Tier 4 student visas

UK immigration has announced a number of changes to the Tier 4 student visa category. There will be new accreditation criteria for sponsors and tougher English language requirements. An outline of the changes is included below:

21 April 2011 Changes:

New sponsors will need to meet new educational accreditation criteria in order to be issued a Tier 4 licence.

There will be interim limit on the number of students that can be sponsored unless the sponsor meets the following requirements:

  • hold Highly Trusted Sponsor status; and
  • meet the new accreditation criteria.

B rated sponsors will only be able to assign CAS to complete a course.

There will be tougher English language requirements for Tier 4 (General) students:

  • a B1 Secure English Language Test (SELT) requirement for all courses at NQF 3-5/QCF 3-5 / SCQF 6-8 (ending the current SELT exemptions on pre-sessionals pathway /foundation degree courses);
  • a B2 SELT requirement for courses at NQF 6 /QCF 6 / SQCF 9 and above

Higher educational institutions will be allowed to make their own assessment.

Normally a CAS may only be issued in respect of a single course, except in a situation where you are attending a pre-sessional course of not more than three months’ duration and you have an unconditional offer of a place at a higher education institution or at an independent school starting not more than one month after the end of the pre-sessional course.

July 2011 Changes:

  • If you are a Sponsor you will have to vouch for academic progression for students changing course, where the new course is not a step up the NQF/ QCF / SCQF scale.
  • If you are a student applying for a visa you will need to declare at the visa application stage that you hold and will continue to hold the required maintenance funds to support yourself and pay the course fees.
  • If you are a Student from a designated low-risk nationalities attending courses at Highly Trusted Sponsors you will you will not necessarily have to show documents normally asked for other students relating to maintenance and educational qualifications.
  • You will only be allowed to work during your studies if you are at an higher education institutions or publicly funded further education colleges.
  • You will only be allowed to sponsor dependents if you are a new student studying at a higher education institution on a course on NQF 7 / QCF 7 / SQCF 11 or above lasting 12 months or more.

Your dependants will be able to work.

April 2012 Changes:

  • All sponsors must have reached Highly Trusted Sponsor Status.
  • The interim limit will be extended if you are an existing sponsor and have acquired HTS status but not met the new educational accreditation requirements.
  • Courses offering work placements will have to have a study:work ratio of 66:33 except at higher education institutions.
  • You will normally only be allowed a maximum time of five years in Tier 4 studying at degree level and above; There will be exceptions for some courses and for PhD students.
  • The Tier 1 Post Study Work visa will end.
  • There will be new provisions for Student entrepreneurs.

End of 2012 Changes:

If you are a sponsors you will need to meet the new educational accreditation criteria to be able to sponsor new students.

April 2011 Visa Bulletin: Retregression for USC’s Sons and Daughters

For April’s Visa Bulletin, “continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April,” according to the State Department.  Yes, indeed.

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UK Government clarifies upcoming immigration changes

The UK Border Agency (UKBA) has provided further details of the changes that will take place in April 2011 which include a permanent immigration cap on skilled immigration, a new exceptional talent visa, and new criteria for skilled workers with a job offer and intra-company transfers. There will in effect be significant changes in the rules for sponsoring non-EU workers. In addition the Tier 1 General skilled immigration visa will in effect end on 6 April 2011.

From 6 April 2011, there will an annual limit of 20,700 Tier 2 visas and 1,000 visas for the new ‘exceptional talent’ visa category.

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