go to top

Your Bay Area Immigration Law Firm

Call Today
408-916-1125

Visa Options for Trainees

Training is often an important part of advancing in a career or being skilled at a job. There are two visa options that visa applicants may utilize to receive practical training in the U.S. for a particular job or occupational field. These two visas, H-3 and J-1, have several requirements but can be very useful to obtain when to receive beneficial training in the U.S.

What is a “trainee?”

art-student-15-1537721A trainee is a person who is receiving training in the U.S. The training is usually for a job. Trainees on these visas are intended to receive training for a job that the trainee may later obtain.

H-3 Visa

To apply for the H-3 visa a detailed account of the type of training the trainee will receive must be submitted to the USCIS. The applicant must also identify a U.S. employer or organization that will provide the training. If the petition is approved the trainee may be allowed to stay in the U.S. for up to 2 years.

What kind of training does the trainee under an H-3 visa receive?

An H-3 visa is available to trainees who come to the U.S. to receive training in a particular field. The training is intended to be for a job located outside of the U.S. The USCIS states on its webpage that training in any field will qualify; some of the listed fields are agriculture, commerce, communications, finance, government and transportation. While this visa covers any field, it cannot be used for medical education or training.

H-4 Visa for Dependents

There is also an H-4 visa available for family members of the trainees. If the H-3 visa is approved, the applicant may be able to take family members to the U.S. while trainee is completed.

J-1 Visa for Exchange

Another option for trainees is the J-1 Visa. This visa is intended for those coming to the U.S. to teach, learn, receive training, research and observe. This visa could be a good option for those coming to the U.S. for an internship or to receive occupational training. Medical students seeking training in the U.S. may use this visa.

This visa is designed as an exchange program. The exchange program must be approved by the government in order for the applicant to participate in the training program. The programs will generally train the individual in a specific business field. There are three requirements that the trainee must meet in order to be able to apply for a J-1 visa.

These requirements are:

  1. The applicant must possess a degree from a foreign post-secondary academic institution.
  2. The applicant must have at least one year of work experience in the applicant’s specific academic field and training must have been received outside of the U.S.
  3. The applicant must have had five years of work experience outside of the U.S. The work experience must be in the same field that the applicant is seeking training for in the U.S.

Contact us

Contact the Law Office of Sweta Khandelwal to discuss the H-3 visa, J-1 visa or other options for trainees. Attorney Khandewal has over 10 years of experience working on immigration cases. The Law Office of Sweta Khandelwal is conveniently located in the Silicon Valley.

Cited Sources:

Exchange Visitors, July 17, 2015, USCIS

H-3 Nonimmigrant Trainee or Special Education Exchange Visitor, July 20, 2015, USCIS

 

Visa Options for Artists and Entertainers

While the U.S. offers several different types of visas for foreigners coming to the U.S., some of the less discussed visas are those for artists and entertainers. P and O visas are available to artists and entertainers coming to the US to work, teach or learn. The P visa is available to artists and entertainers who coordinate with reciprocal foreign exchange programs or are coming to the U.S. to teach a unique or cultural art form. The O-visa is available to artist and entertainers that can demonstrate an extraordinary ability and level of skill in the field. These visas also have a corresponding visa that is available for dependents.

P-2 Visa

artist-at-work-2-1529089The P-2 visa was created for artist and entertainers coming to the U.S. temporarily to perform. To obtain this visa, there must be a reciprocal exchange program between the U.S. and a foreign organization. There must be a program outside the U.S. that This reciprocal exchange agreement must be government recognized and the skill set of the entertainer must be similar to the performers or artists taking part in the exchange program outside of the U.S.

P-4 Visa for Family Members

Spouses and dependants may obtain a P-4 visa. This allows the entertainers family members to travel to the U.S. along with the P-2 visa holder.

P-3 Visa

A P-3 visa is available to artists or entertainers coming to the U.S. to teach, coach, develop or represent a unique or cultural tradition; such as a dance or musical performance. This visa can only be usedfor education purposes, such as furthering an understanding and development of the art form.

To receive this visa the applicants must have a sponsoring employer or organization. P-4 visa status is also available to family members of P-3 visa holders.

O-Visa

The O- Visa is for applicants that possess an extraordinary skill or ability in the fields of science, art, education, business or athletics. It is also available for those who can demonstrate an extraordinary achievement in film or television and has received national or international recognition in this area.

As part of the application process, the applicant must submit an advisory opinion from someone in the applicant’s peer group or by someone with expertise in the area. This advisory opinion will be considered by the USCIS when making visa approval determinations. This requirement may be waived if the applicant can prove that the appropriate peer group does not exist. This determination will be made after the USCIS has considered appropriate evidence supporting this claim.

O-3 Visa for Dependents

Alike many other visas, the O-visa also has an option for dependents. Family members of an O-visa holder may apply for an O-3 visa and accompany the O-visa holder to the U.S.

Contact Us

Artists and entertainers planning to come over the U.S. may consider several different visa options. To discuss the P or O visas, visas for dependents or any other immigration issue, contact the Law Office of Sweta Khandelwal. Attorney Khandelwal has over 10 years of experience with immigration law and is conveniently located in the Silicon Valley.

Cited Sources:

P-2 Individual Performer or Part of a Group Entering to Perform Under a Reciprocal Exchange Program, July 15, 2015, USCIS

P-3 Artist or Entertainer Coming to Be Part of a Culturally Unique Program, July 17, 2015, USCIS

O-1 Visa: Individuals with Extraordinary Ability or Achievement, September 14, 2015, USCIS

 

How to a Renew Green Card

A green card is the documentation granted to lawful permanent residents (LPR) by the USCIS which demonstrates that the holder is authorized to legally work and live in the United States. Green cards generally expire after 10 years. If the green card expires, it must be renewed for the holder to continue to receive the benefits of lawful permanent residence.

avvo-1Things to watch out for
Expiration dates: The expiration date on the green card will determine the time tofile for renewal.

Helpful Tip
The expiration date is printed on the front of the green card and is easily found.

Timelines to keep in mind
– The type of green card dictates the timeline for renewal. Conditionalpermanent residents have different timelines for renewal than LPRs.
– Instead of 10 years, conditional permanent residents have green cards thatare only valid for 2 years. Conditional permanent residents should begin therenewal process 90 days before the green card expires.

– LPRs have green cards that are valid for 10 years. LPRs should begin therenewal process 6 months before the green card expires.

Process for Renewal
When it’s time to renew the green card, the applicant must first file an applicationfor renewal. This can be done online or by mail. The form for this process is Form I-90.

Replacing a green card
Sometimes green cards can be misplaced or stolen. In this case an application should be filed to replace the green card. The form for replacing a green card is the same form for renewing a green card, Form I-90. Replacing a green card should also be filed if it was issued to the LPR before the age of 14. Once the LPR reaches 14 years old, the LPR should file form I-90 for a new green card. However, if the LPR turns 16 years old before the green card expires, then the applicant does not need to file for a new green card upon reaching the age of 14.

Denials
Denials of green cards can occur. In this case a motion to reconsider the case or toreopen the case can be filed, which asks the USCIS to reconsider the denial. Thisprocess can be complicated but is an effective way to deal with a renewaldenial.

A green card is the LPR’s proof that the LPR is legally authorized to work and live inthe US. It’s important that the green card be renewed timely and kept current. Production of a currentvalid green card is the LPR’s proof of ability to live and work in the US on apermanent basis and receive other benefits given to permanent US residents. Todiscuss renewing a green card, filing a motion to reopen a green card case or anyother issue surrounding green cards, contact the Law Office of Sweta Khandelwal.Attorney Khandelwal has 10 years experience as an immigration attorney and canassist with any green card issues.

Cited Sources:

Renew A Green Card, March 30, 2015, USCIS

 

Criminal Convictions Can Result in Serious Immigration Consequences

Criminal convictions are always accompanied with consequences. However the consequence for immigrant visa-holders can be dire. Depending on the nature of the crimes committed, immigrants can face deportation, inadmissibility or other visa problems. Serious crimes that involve violence or deceitful conduct such as aggravated felonies or crimes of moral turpitude carry heavy penalties. Any visa holder that is facing criminal convictions should consult with an attorney to determine how the conviction will affect one’s stay in the United States.
to-protect-and-serve-542937-mWhile there are many different convictions carrying different degrees of seriousness and penalties, here are a few of the most serious convictions that can lead to deportation, inadmissibility or other consequences

Crimes of Moral Turpitude
A crime of moral turpitude is a phrase to describe a broad category of crimes, but generally is described as a crime that “shocks the conscience, ” is dishonest or is contrary to society’s rules of morality. These crimes include murder, manslaughter, kidnapping, fraud, and aggravated assault among others. This triggers deportation as well as inadmissibility into the United States

Aggravated Felonies
Aggravated felonies are a group of offenses added to the Immigration and Nationality Act that carry some of the harshest immigration consequences. The crimes in this category vary from murder to theft crimes and conspiracy. These harsh consequences could include deportation without a hearing, ineligibility for asylum, ineligibility for cancellation of removal and ineligibility for voluntary departure. A person convicted of an aggravated felony could also face permanent inadmissibility following departure from the United States and significant penalties for illegally re-entering the United States. This category also carries mandatory detention following release from custody.

Firearm Offenses
Any crime involving illegal purchase, sale, exchange, ownership or possession of a firearm can result in a deportation. This can be extended to the firearm accessories as well.

Crimes against the State
Crimes against the United States or United States officers can result in deportation. These crimes include espionage, sabotage, treason, or conspiracy. Threats against the President also fall in this category.

Domestic Violence
Convictions of any domestic violence crimes can result in deportation. Child abuse, neglect and abandonment also can trigger deportation.

Violating a Protective Order
Protective Orders must be strictly complied with and a violation of the order can trigger deportation.

Fleeing an Immigration Checkpoint
Any immigrant that flees from an immigration checkpoint without complying with the checkpoint regulations is in violation of federal law and can cause deportation proceedings.

Falsifying Documents
Falsifying important government documents such as visas, permits or other admission documents can result in deportation.

Controlled Substance Offenses
Drug offense are taken seriously and depending on the specific statute violated, can result in deportation or inadmissibility.

These are just some of the offenses that could result in deportation or other immigration consequences. There are many other crimes that can also affect visa status. Whenever a conviction occurs the visa holder should be aware that immigration status may be affected as well and should seek out guidance on this issue.

Whenever deportation is a risk, an attorney should be contacted. The Law Office of Sweta Khandelwal can assist with any issue affecting immigration status. Attorney Khandelwal has over 10 years experience as an immigration.

Cited Sources

Immigration Consequences of Criminal Convictions, November 2010, Office of Immigration Litigation U.S. Dept. of Justice

Foreign Students and the H-1B Cap Gap

With the school year coming to a close, it’s time for foreign students to start thinking on ways to continue to remain in the United States, following the conclusion of their academic programs. Some college students on F-1 visas who are authorized to work pursuant to the Optional Practical Training (OPT) program are able to find jobs in their field of study and may continue to remain in the US their stay on an H-1B visa. However, moving from an F-1/OPT directly to H-1B can create a gap of time between the expiration of the OPT and before the H-1B visa starts. Fortunately there is a Cap-Gap, which allows applicants with pending or approved H-1B’s to extend OPT work authorization to cover this gap.

What’s required for an F-1 extension?

students-1197349-mIf you’ve secured an employer that will apply for an H-1B on your behalf, it’s essential that the H-1B is timely filed. The H-1B should be applied while the OPT is still in effect.

If the H-1B application is selected in the lottery and approved, an automatic F1/OPT extension will take place. On October 1st when the H-1B visa can officially take effect, the applicant should request a change of status. This will allow for a smooth transition from F-1/OPT to H-1B.

Things to watch out for

  • If the H-1B application is not chosen in the CAP or the H-1B application is denied, the applicant will be granted a 60-day grace period. During this time the applicant must make plans to leave the United States.
  • Once an applicant enters the 60-day grace period, the applicant is no longer authorized to legally work inside the United States.
  • Travel abroad during the OPT period is allowed, however the applicant will not be able to re-enter the United States without a valid F-1 visa, as stamped on the passport. Students are advised to have their latest I-20’s, as well as proof that they are employed pursuant to their OPT, in the event of foreign travel. If the applicant does not have a valid F-1 Visa, the applicant must apply for an H-1B visa at consular post outside of the United States before attempting to re-enter.
  • F-1 extensions are generally granted until September 30th. However, the H-1B employer may intend for employment to start later than October 1st which can create another gap. Should this happen, the Designated School Official of the student on F-1 can fix this gap. It is important to pay close attention to the start day of H-1B visa and end date of F-1.
  • Getting laid off by an H-1B employer before H-1B visa takes effect does not mean the applicant has forfeited his visa and must exit the United States. The student may be able to recover unused Optional Practical Training and continue working in the United States, as long as several additional requirements are met.

To ensure you are eligible for F-1 extension under cap gap it is important to be cautious of timelines and required paperwork. Because there is a transition from one visa to another, accuracy is important to ensure the applicant does not find himself in the United States without a valid visa status. Consulting an attorney is a good idea to ensure all filings are done correctly.

Contact the Law Office of Sweta Khandelwal today to discuss F-1 student visas, H-1B’s the Cap-Gap or any other immigration questions you have. Ms. Khandelwal is an experienced immigration attorney located in the Silicon Valley.

 

Cited Sources:

Extension Of Post Completion Optional Practical Training (OPT) and F-1 Status forEligible Students under H-1B, USCIS, March 15, 2013

 

 

Need for H-1B Visas- The Time to Apply Is Now!

As H-1B season approaches, it’s time to begin your application process for a spot in the lottery. Currently, the USCIS allots 65,000 H-1B visas each year. Vying for a spot in the lottery are an estimated 195,000 applicants. With three times the amount of applicants than visas available, many applicants will be unable to get H-1B status due to sheer lack of numbers.

The Obama administration has attempted to combatimmigration reform but these attempts have not survived in Congress. One bill called the Immigration Innovation Act proposes to increase the amount of H-1B issued from 65,000 to 115,000. The bill also proposes a removal of the 20,000 Cap on applicants with U.S. Master’s degree.

These proposed changes to increase the amount of H-1B visas available would allow more foreign employees to work in the United States.With more H-1B visas issued each year, employers will increase their odds of getting an H-1B and can better plan and prepare for their business’ hiring needs

The technology sector is one of the biggest users of the H-1B Visa. The United States is experiencing a shortage of workers in the Science, Technology, Engineering and Math fields. By increasing the no. of H-1B Visas, we are promoting growth of business’, particularly in high-tech. This could also lead to more job creation in the United States due to foreign workers bolstering new companies with their specialized skill set.

Unfortunately the proposed increases will not be in place this year. With a significantly higher number of H-1B applicants than H-1B visas available, employers can no longer depend on the H-1B program to fill these skilled positions. Employers may have to explore other visa options if their applicants are not chosen in the lottery in order to fulfill employment needs andavoid waitinganother year to try again. Again, the need to hire H-1B workers arise from the fact that United States is experiencing a shortfall of workers in the skilled positions that are filled by H-1B workers.

With a small amount of H-1B visas available the importance of filing on time is crucial. Like last year, the Cap will likely be filled in the first week. Thus, for a chance to be considered in the H-1B lottery, timely filing is extremely important. It’s critical that your application be filled correctly and accurately in order to prevent rejection. If petitions are not selected, or rejected because they are erroneously filed, employers/foreign nationals mustwait for another year before they can apply again. This is where an immigration attorney can be extremely valuable to ensure your application is filed timely and accurately.

The Law Office of Sweta Khandelwal is prepared to help you with all your H-1B filings this year. Contact our offices now to ensure you have time to gather any documentation before the Cap opens next month. Attorney Sweta Khandelwal can also speak with you about other visa options in the event your visa applicants are not chosen for the Cap this year.

Cited Sources:

AILA: Immigration Innovation Act Would Help Economy, January 14, 2015, AILA

 

 

 

Immigration Consequences for Minor Crimes

Although sometimes the hardest part may be trying to get a visa, it can also be difficult just trying to keep it. Regular, everyday people can sometimes get charged for minor crimes such as DUIs, minor domestic disputes, car accidents, or even minor drug possession charges. This article will discuss what consequences such minor criminal actions can have for someone who is not a U.S. citizen.

The first thing to note is that the U.S. immigration laws has its own rules and definitions when it comes to crimes. Thus, it is not a simple matter of looking at the charges one is arrested for or convicted of and comparing it to the federal immigration law. Two of the major types of criminal categories the U.S. immigration system has is “aggravated felonies” and “crimes involving moral turpitude.” Thus, even a relatively minor crime could be considered a crime involving moral turpitude or aggravated felony. For example, if a non-U.S. citizen were to steal something and the maximum punishment was 1 year in prison, but the non-U.S. citizen was able to negotiate a plea bargain down to 6 months of imprisonment, it still may be possible that he has committed an “aggravated felony” under federal immigration laws. The receipt of stolen property could also be a “crime involving moral turpitude.” However, in general, aggravated felonies and crimes involving moral turpitude include crimes that are serious in nature and fall outside the scope of what most minor crimes people would commit.

Also, many of the crimes involving moral turpitude fall under a legal exception known as the “petty offense” exception. If the conviction is only for one crime, the maximum sentence doesn’t exceed 1 year, and the non U.S. citizen is only sentenced to 6 months of prison or less, then the petty offense exception applies and the non-U.S. citizen will not make him or her inadmissible. Interestingly, there is also a specific exception for those who have a single offense of simple possession of 30 grams or less of marijuana.

The cross-section of immigration and criminal can be complex and sometimes requires the expertise of attorneys in both practices of law. If you have immigration questions or how a crime can affect your immigration status, contact us today.

Domestic Worker Visa Options

It is not uncommon for many families and business people to bring personal assistants with them while traveling to the United States. These people can be nannies, butlers, maids, cooks, chauffeurs, and others. These domestic workers may come to the United States under a B-1 visa if they and their employer meet certain qualifications.

The B-1 visa requirements for a domestic worker are tied to the immigration status of the employer. Unfortunately for legal permanent residents (green card holders), they may not bring a domestic worker under a B-1 visa under any circumstances. For U.S. citizen and nonimmigrant visa employers, however, the option is available to bring domestic workers under a B-1 visa if both they and their domestic worker satisfy certain requirements.

FOR U.S. CITIZEN EMPLOYERS

U.S. citizens themselves must meet a certain requirement before even considering bringing a domestic worker under a B-1 visa, which can be satisfied in one of two ways. One way to satisfy this requirement is to show that the U.S. citizen employer ordinarily resides in the U.S. and is traveling to the U.S. temporarily. Or, in the alternative, the U.S. citizen employer can satisfy this requirement by showing that he or she is subject to frequent international transfers lasting two years or more and who, as a condition of employment, is going to reside in the United States for a stay no longer than four years.

There is also a relationship requirement that must be satisfied between the U.S. citizen employer and the B-1 visa domestic employee. This requirement can be satisfied in one of two ways. One way this requirement is satisfied is by showing that the employer-employee relationship existed for at least 6 months prior to the employer’s admission to the United States. Or, in the alternative, the U.S. citizen employer has regularly employed a domestic servant in the same capacity while abroad;

The employee must also satisfy two requirements. First, the employee has had at least one year experience as a personal or domestic servant, which can be proven by producing statements from previous employers attesting to such experience. Second, the employee must have no other work, and will receive from the employer free room and board and round trip airfare as indicated under the terms of the employment contract.

FOR NONIMMIGRANT VISA EMPLOYERS

The above requirements apply only to U.S. citizens seeking to obtain a B-1 visa for their domestic workers. For nonimmigrant visa employers seeking to do the same, they have slightly different but still similar requirements to satisfy. As an initial matter, only nonimmigrant visa holding employers with the following visas are allowed to bring domestic workers under a B-1 visa in the first place: B, E, F, H, I, J, L, M, O, P, Q, or R visas.

The domestic worker must satisfy slightly different requirements than what would be required if the employer was a U.S. citizen. The first requirement is a relationship requirement and can be satisfied in one of two ways. One way to satisfy this relationship requirement is by showing that the domestic worker has been employed outside the United States by your employer for at least one year prior to the date of your employer’s admission to the United States. Or, in the alternative, the employer-employee relationship existed immediately prior to the time of your employer’s application, and the nonimmigrant visa employer can demonstrate that he/she regularly employed (either year-round or seasonally) domestic help over a period of years preceding the time their application

In addition, the domestic worker must satisfy two additional requirements. First, the domestic worker has at least one year’s experience as a personal or domestic employee as attested to by statements from previous employers. Second, the domestic worker will have no other work, and will receive free room and board and round trip airfare from your employer as indicated under the terms of the employment contract. This is very much similar to the requirements for domestic workers working for U.S. citizens.

ALL B-1 DOMESTIC WORKERS

Regardless of whether the B-1 domestic worker is employed by a U.S. citizen or a nonimmigrant visa holder, the domestic worker must show the following:

  1. The purpose of their trip is to enter the United States for work as a domestic employee;
  2. They plan to remain for a specific, limited period;
  3. Their employer meets certain qualifications as stated above;
  4. They have evidence of compelling social and economic ties abroad; and
  5. They have a residence outside the United States as well as other binding ties that will ensure their return abroad at the end of the contract.
  6. They are at least 16 years old.
  7. They are not related to the employer by family relationship.

The B-1 visa domestic worker cannot bring their family members as dependents. The family members must seek their own visa categories, such as a B-2 visa, and meet those requirements independently.

In addition to these requirements, the contract defining the relationship between the employer and the domestic worker must be carefully drafted to not only protect the rights of both the employer and employee, but also to meet USCIS requirements. In addition, the domestic worker must still obtain employment authorization.

If you have questions about visa options for your domestic worker or if you have general immigration questions, please contact our office today.

Special Visa Categories for Canadians

Despite the media attention surrounding immigration from Mexico, it’s important to remember that the United States shares a border to the north with Canada as well. Given Canada’s proximity to the United States, it is no surprise that there are some special requirements and restrictions for Canadians seeking entry into the United States, even though Canadians can receive status to all of the more common visa categories.

It is important to note that there is a difference between a visa and a status. A visa is merely a placeholder in the line to obtain status. A visa is much like a plane ticket –you have a seat reserved on the plane, but a person can be stopped or prevented from boarding the plane for a number of reasons. Similarly, applying for a visa means a person is applying for a spot in line into the US, and receiving a visa that means the spot in line is secure. However, that same person may not be granted status despite having a visa and can still be turned away.

Thus, for Canadian citizens, they do not need a visa unless they are seeking E, K, S, or V nonimmigrant status. However, they must still obtain the status necessary. For example, although a Canadian citizen need not seek an F-1 visa to study in the United States, they must still satisfy all of the F-1 status requirements in order to study in the United States.

Also, under the Visa Waiver Program, Canadians can seek entry into the United States without a visa if they meet certain conditions. The travelling Canadian must be a Canadian citizen, not a permanent residence or other status under Canadian laws. If travelling by air or sea, the Canadian citizen must also show proof of a return ticket. The Canadian citizen must also be traveling to the United States for transit, tourism, or a short term business visit. They cannot seek extensions of their stay past the approved stay period, but can adjust status if based on marriage to a US citizen or an application based on asylum.

There is also a special TN status available to Canadians and Mexicans as well.

The TN status is similar to the H-1B status, but there are some advantages and disadvantages. The advantage is that receiving TN status can be much faster as it can be dealt with at the border and not through USCIS. Also, it is not subject to any visa limitations, while the H-1B visa is subject to its visa cap. However, one disadvantage is that the TN status does not allow for the Canadian citizen to adjust status to a green card, while an H-1B visa does.

 

If you are a Canadian citizen and have questions about seeking entry in the United States or have general immigration questions, contact our office to consult with attorney Sweta Khandelwal.

DECEMBER VISA BULLETIN

The visa bulletin for December of this year has been released. This month’s visa bulletin has seen both modest and significant movement forward, as well as some unfortunate retrogression for certain visa seekers from India.

In the family categories, the biggest advancements were only by a measure of approximately two months. The FB-4 category for people from the Philippines, the FB-2B category for people from India, and the FB-2B from the “All Chargeability Areas” category (excluding mainland China, India, Mexico, and the Philippines) all moved forward by approximately two months. However, the other family based categories only experienced movement by a few days or a month, and in some instances there was no movement at all.

There was much more movement in the employment based categories, with some categories jumping ahead by a year. All of the categories that were Current (“C”) last month remained Current. The categories that experienced the most movement were the EB-3 and “Other Workers” categories for people from Mexico, China, and the “All Chargeability Areas” (excluding Mainland China, India, Mexico, and the Philippines). Each of these categories experienced a jump by a year. Unfortunately for people from India, the EB-2 category retrogressed by almost 4 years backwards. This is in part due to the high demand from the rapid advancements in this category in recent months, thus creating a backlog. The EB-2 category for people from India may not experience further advancements until May 2014.

FAMILY BASED CATEGORIES – DECEMBER 2013

Family-SponsoredAll Charge-ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F115NOV0615NOV0615NOV0622SEP9301JUL01
F2A08SEP1308SEP1308SEP1301SEP1308SEP13
F2B01MAY0601MAY0601MAY0601APR9422MAR03
F308MAR0308MAR0308MAR0301JUN9322JAN93
F408SEP0108SEP0108SEP0122OCT9601JUN90

*NOTE: For December, F2A numbersEXEMPTfromper-countrylimitare available to applicants from all countries with priority datesearlierthan 01SEP13. F2A numbersSUBJECTtoper-countrylimitare available to applicants chargeable to all countriesEXCEPTMEXICOwith priority dates beginning 01SEP13 and earlier than 08SEP13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

FAMILY BASED CATEGORIES – NOVEMBER 2013

Family-SponsoredAll Charge-ability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
F122OCT0622OCT0622OCT0622SEP9301JUL01
F2A08SEP1308SEP1308SEP1301SEP1308SEP13
F2B22MAR0622MAR0622MAR0601APR9401MAR03
F308FEB0308FEB0308FEB0301JUN9308JAN93
F422AUG0122AUG0122AUG0122OCT9622APR90

*NOTE: For November, F2A numbersEXEMPTfromper-countrylimitare available to applicants from all countries with priority datesearlierthan 01SEP13. F2A numbersSUBJECTtoper-countrylimitare available to applicants chargeable to all countriesEXCEPTMEXICOwith priority dates beginning 01SEP13 and earlier than 08SEP13. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

EMPLOYMENT BASED CATEGORIES – DECEMBER 2013

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1st

C

C

C

C

C

2nd

C

08NOV0815NOV04

C

C

3rd

01OCT11

01OCT11

01SEP03

01OCT11

08JAN07

Other Workers

01OCT11

01OCT11

01SEP03

01OCT11

08JAN07

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs

C

C

C

C

C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

EMPLOYMENT BASED CATEGORIES – NOVEMBER 2013

Employment- BasedAll Chargeability Areas Except Those ListedCHINA- mainland bornINDIAMEXICOPHILIPPINES
1st

C

C

C

C

C

2nd

C

08OCT0815JUN08

C

C

3rd

01OCT10

01OCT10

22SEP03

01OCT10

15DEC06

Other Workers

01OCT10

01OCT10

22SEP03

01OCT10

15DEC06

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th
Targeted
EmploymentAreas/
Regional Centers and Pilot Programs

C

C

C

C

C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

If you have questions about the December visa bulletin or if you have general immigration questions, contact our office today.





captcha

Web Analytics