US-Bound Airlines to Screen Smartphones, Laptops Because of New Al-Qaeda Terror Threat

Airlines that fly direct to the US will be forced to step up checks on mobile phones and shoes in light of threats of an Al-Qaeda bomb attack. US officials say terrorists have found a way to conceal incendiary devices inside phones to avoid detection.

Passengers on flights from Europe, the Middle East and Africa bound for the US will be subjected to extra security checks, US officials have told Reuters. The US government warned earlier this week of an Al-Qaeda effort to create an undetectable bomb that could be smuggled through airport security.

According to US intelligence sources, the undetectable devices are most likely to be hidden in smartphones, including Apple iPhones and Samsung Galaxy phones. The bombs could also be surgically implanted into an insurgent’s body or be embedded in clothes fibers.

Officials say that bomb makers from an Al-Qaeda affiliate group in Yemen are collaborating with the Syrian al-Nusra Front to develop a device that foils security.

Airlines that do not step up their security measures could face bans on their flights entering the United States. 

Heightened security measures have already been implemented in UK airports with fears they may cause significant delays during the holiday season.

The tough new security policy subjects passengers to “vigorous” body searches and requires them to switch on their laptops, mobile phones and other electronic devices when they pass through security. Airport staff are also swabbing travelers’ shoes and clothes to check for traces of explosives.

Travelers at London’s Heathrow airport told UK media that the new measures had slowed the pace at departure gates. US student Eryk Salvaggi, who was heading to Boston, told The Daily Mail that it seemed to take “twice as long for his bags to go through.”

Members of the Transportation Security Administration (TSA) check a passenger's bags with N.J. Transit Police to secure mass transit for the Super Bowl XLVIII, in Secaucus, New Jersey January 31, 2014. (Reuters/Eduardo Munoz)Members of the Transportation Security Administration (TSA) check a passenger's bags with N.J. Transit Police to secure mass transit for the Super Bowl XLVIII, in Secaucus, New Jersey January 31, 2014. (Reuters/Eduardo Munoz)

“There were a lot of bags being taken aside too, when they came out the other side, for extra searches,” he said. “There seemed to be a lot of frisking going on too.”

However, the two largest UK airports said they were operating as normal Thursday evening. A senior official from the US Department of Homeland Security told the BBC that there would be no delays in the coming days, but he also said the security measures had not yet been fully implemented.

The UK government has said that the security measures may be permanent at UK airports in response to an evolving terrorist threat. Deputy Prime Minister Nick Clegg warned of the threat posed by the "medieval, violent, revolting ideology" behind the alleged bomb plots.

"We have to make sure the checks are there to meet the nature of the new kinds of threats. Whether it is forever – I can't make any predictions. But I don't want people to think that this is just a sort of a blip for a week. This is part of an evolving and constant review about whether the checks keep up with the nature of the threats we face,” Clegg said in an LBC radio interview Thursday.

Prime Minister David Cameron emphasized the importance of putting safety first, and said the new measures had been implemented after consultation with the US government.

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Posted in: Immigration News , travel news , US Embassy , us immigration

Same-sex couple gets fiancé visa from US embassy

The United States Embassy in Manila on Friday said it had issued its first fiancé visa to a same-sex couple, a Filipino and an American soldier serving in Afghanistan who will get married next month. In a statement, the embassy said the fiancé visas were issued to Noel “Aeinghel” Amaro and Robert Cotterman on Dec. 2.

The two met via Facebook two years ago and will be married next month in California. “He proposed to me at the airport. I was so happy, and the people were clapping their hands for us,” Amaro said in an interview on Facebook. They applied for a fiancé visa “around June 2012.”

Amaro said he would spend Christmas in the United States with Cotterman and his parents. “They are happy for us. They are excited to see me,” Amaro said of his future parents-in-law. Amaro, who is unemployed, said he was born and raised in Taguig City. He said they have had a “union” solemnized by Myke Abaya Sotero of the Holy Union Church in Baguio City.

“Although same-sex marriage is not yet recognized in the Philippines, gay Americans are now able to petition for family-based visas on behalf of their Filipino spouses, fiancés and their children,” the embassy said in a statement. Amaro, a resident of Taguig City, posted a picture of a portion of his visa on his Facebook account; he said he was interviewed at the embassy on Nov. 5. His account also showed public pictures of him and Cotterman together in a religious ceremony and visiting tourist spots in the Philippines.

On his own Facebook account, Cotterman listed his occupation as a “Chinook repairer.” He is a resident of Sumter, South Carolina, and a member of the South Caroline Air National Guard currently detailed with the US Army. The embassy said the change came months after a momentous decision by the US Supreme Court, which struck down the portion of the Defense of Marriage Act (Doma) that defined marriage as a union between a man and a woman.

“Overturning Doma signifies that the US federal government must extend all federal rights and privileges of marriage to any married couple, regardless of sexual orientation. Currently, gay couples can marry in 16 of 50 American states, and the nation’s capital,” the embassy said.

This extension of rights includes immigration benefits, it added. Another couple, Maria Cecilia Limson Gahuman and Maria Carla Antonio, were also the next to be given fiancé visas. The embassy said the two met through a mutual friend over a decade ago. They will get married on Dec. 30 in California.

The embassy said advancing gay, lesbian, bisexual and transgender equality has been one of US President Barack Obama’s top priorities. It quoted US Secretary of State John Kerry saying that the “most important export, by far, is America’s belief in the equality of all people.”

Kerry noted that “the State Department, which has always been at the forefront of equality in the federal government …, is tearing down an unjust and an unfair barrier that for too long stood in the way of same-sex families being able to travel as a family to the US.” The embassy said it wanted to educated gay Filipinos about new visa opportunities. Filipinos in same-sex relationships with Americans are encouraged to view the visa section of the embassy’s website for more information.

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Posted in: travel news , US Embassy , US Visa , visa tips

Filing H-1B Visa Petitions

As of April 1, 2013, United States Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions for Fiscal Year 2014 (FY2014). Petitions for FY2014 will allow foreign nationals to work for petitioning employers as of October 1, 2013. USCIS will continue to accept new H-1B petitions after April 1, 2013, until the H-1B cap has been reached. At this time we encourage you to identify any employees who may require H-1B sponsorship so that a petition may be filed well before the H-1B visas for the next fiscal year are exhausted.

Congress has placed a numerical limit, or “cap,” on H-1B visas. For FY2014, the limit is 65,000, with an additional 20,000 visas available for foreign nationals who have earned a U.S. Master’s degree or higher. In past years, the cap has been reached in the first few days of April. Last year’s cap was reached in June 2012. With continuing signs of an economic recovery, there is a significant likelihood that the cap may be reached well before June of this year and perhaps as early as the first week of April. As there is no way to predict when this year’s H-1B quota will be exhausted, it is advisable to prepare H-1B petitions for filing on March 29, 2013, to ensure receipt on April 1, 2013, in order to improve your chances of securing visas for H-1B candidates.

Although Congress is currently considering comprehensive immigration reform as well as separate measures specifically concerning H-1B workers and the STEM occupations (Science, Technology, Engineering, and Math), no changes have yet been made and H-1B cap processing will continue as in years past.

If you have responsibility for your firm’s immigration planning and processing and you have already identified H-1B candidates, please initiate the H-1B petition process as soon as possible, keeping in mind that each H-1B petition requires certification by the Department of Labor (DOL) of a Labor Condition Application (LCA), which can take up to seven business days to be certified.

As always, we are prepared to strategize with clients regarding those potential employees who either do not qualify for H-1B status or who may have a gap in employment authorization prior to the start of the next fiscal year. Please keep in mind that certain foreign nationals may not be subject to the cap on account of having prior employment in H-1B status or working for certain cap-exempt employers. Please contact an attorney with Mintz Levin’s Immigration Practice to discuss any questions you may have about H-1B sponsorship. If you have identified a candidate who might require sponsorship, now is the time to begin the H-1B process.

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Posted in: Immigration News , travel news , US Embassy , US Visa

Alabama House Votes to Strip Language from HB 56

Last Thursday, the Alabama House of Representatives voted 64-34 to make major revisions to the State's immigration enforcement law, HB 56.  (Montgomery Advertiser, Apr. 19, 2012) The changes were adopted through the passage of HB 658, introduced by Rep. Micky Hammon, also the House author of HB 56. House passage of HB 658 comes only two weeks after the bill's introduction, during which time the bill was heard and amended by the Public Safety and Homeland Security Committee. (See Alabama House Bill Status for HB 658)

HB 658 weakens HB 56 in several ways. It limits the circumstances under which law enforcement officers check immigration status, weakens the penalties for knowingly hiring illegal aliens, eliminates the prohibition on renting apartments to an individual a landlord knows is an illegal alien, and eliminates the requirement that schools collect immigration data on their students for inclusion in state reports.  (See HB 658 as engrossed; FAIR Legislative Update, Apr. 9, 2012) With regard to the last provision, however, HB 658 still requires that the state prepare a report on the cost of educating the children of illegal aliens and expressly allows the state to contract with scholars, economists, or public research institutions to complete it.

Debate on the Alabama House floor was long and contentious.  Opponents said the bill did not go far enough, calling for an outright repeal.  (See, e.g. Letter to House Speaker Hubbard and Senate President Pro Tem Marsh)  Early on, the House Legislative Black Caucus led a filibuster, saying the law had led to discrimination and other unintended consequences. (Montgomery Advertiser, Apr. 19, 2012) Rep. Hammon, however, promoted the changes as merely clarifying HB 56, particularly for law enforcement. "We've had a year to examine our law and talk to people who work with the law every day," said Hammon. "We have put together some clarifications and simplifications and few language changes in the law." (Montgomery Advertiser, Apr. 19, 2012)

The Alabama Senate will soon be considering companion legislation to HB 658.  The companion bill, SB 541, was introduced by Senator Scott Beason on April 19, the same day the House passed HB 658. However, in contrast to HB 658, SB 541 is much smaller in scope regarding the revisions it makes to HB 56.

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Posted in: immigration tips , US Embassy , us immigration , US Visa , visa tips

US Non-Immigrant Visa Fees Increased by US Embassy Starting Friday

The US Embassy announced it is raising fees for some non-immigrant visas, including tourist, business and student visas, starting tomorrow (April 13). Those applying for tourist, business, crew member, student and journalist visas will have to pay $160, from the current $140.

Nonimmigrant Visa Processing Fees
Type of Visa	Previous Fee	New Fee
Tourist, Business, Transit, Crew Member, Student, Exchange Visitor, and Journalist visas	$140	$160
Petition-Based visas (H, L, O, P, Q, and R)	$150	$190
Treaty Investor and Trader visas (E)	$390	$270
Fiancé(e) visas (K)	$350	$240
Border Crossing Card (age 15 and older)	$140	$160
Border Crossing Card (under age 15)	$14	$15

However, there will be lower fees for all immigrant visas, as well as those for fiance/fiancee visas and trader/investor visas.

Immigrant Visa Processing Fees
Type of Visa	Previous Fee	New Fee
Immediate Relative and Family Preference Applications	$330	$230
Employment-Based Applications	$720	$405
Other Immigrant Visa Applications	$305	$220
Diversity Visa Program Fee	$440	$330
Determining Returning Resident Status	$380	$275

The U.S. embassy said the reduction in the immigrant visa fees is due to a new law that allows the U.S. Department of State to seek reimbursement from other federal agencies such as the U.S. Citizenship and Immigration Service.

"U.S. embassies must collect higher fees for tourist and other types of non-immigrant visas because U.S. law requires the Department of State to recover the costs of processing those types of visas. The new fees more accurately reflect the costs of visa processing services as determined in a U.S. government study completed last December," it said.

Visa application fees paid before April 13 at the old rate will be honored through July 12, 2012. However, starting July 13, applicants who had paid application fees at the old rate will have to pay the difference between the prior rate and the new rate.

For visa categories that have lower fees starting April 13, there will be no refunds for those who paid the fees before the effective date. For further information, visit the U.S. Embassy Manila website at http://manila.usembassy.gov/visas.html

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Posted in: Immigration News , immigration tips , US Embassy , US Non-Immigrant Visa , US Tourist Visa , US Visa , visa tips

More Countries Added as Eligible Applicants for H-2A and H-2B Visas

US Citizenship and Immigration Services (USCIS) announced last week that there have been five more countries added to the list of eligible nationals who can participate in the H-2A and H-2B programs in 2012. This brings the lists total to 58 countries. The list of Countries will be reviewed again one year from the date of publication.

The H-2A and H-2B programs allow US employers to bring foreign workers to the US in order to fill temporary agricultural jobs and temporary non-agricultural jobs. USCIS generally may only approve H-2A and H-2B petitions for nationals of countries that are designated as eligible to participate in the programs. USCIS may also approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the US; this is taken on a case by case basis. In addition to the 53 countries currently on the list, the following five countries were added for 2012: Haiti, Iceland, Montenegro, Spain and Switzerland.

Effective 18 January 2012, nationals of the following 58 countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

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Posted in: H-2A visa , H-2b visa , US Embassy , US Visa , USCIS

Processing Waivers for Family Members Reduced from Years to Months

Last Jan. 6, 2012, U.S. Citizenship and Immigration Services (USCIS) posted a notice of intent in the Federal Register outlining its plan to reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members go through the process of becoming legal immigrants to the United States.  Currently, spouses and sons and daughters of U.S. citizens who have accrued a certain period of unlawful presence in the United States, and have to leave the country as part of the legal immigration process, are barred from returning to their families for as long as 3 or 10 years.  They can receive a waiver to allow them to return to their families by showing that their U.S. citizen family member would face extreme hardship as a result of the separation.  This proposal would streamline the processing of these individuals’ waiver applications based on unlawful presence; USCIS proposes to process their waiver applications in the United States before any American family faces separation.  The process would only apply to immigrants who are eligible for a US visa.

Under the proposed process, the spouses and children of U.S. citizens who are eligible for a visa to immigrate legally to the United States, but who need a waiver of inadmissibility for unlawful presence in order to obtain that visa expeditiously, would apply for a provisional waiver before leaving the United States to have their immigrant visa application processed at a U.S. embassy or consulate abroad (as they must pursuant to law).  The notice limits the streamlined process to those individuals who are inadmissible based solely on having accrued a period of unlawful presence and – pursuant to statutory requirements – who can demonstrate extreme hardship to their U.S. citizen relative.  All individuals affected by this streamlined process would need to meet all legal requirements for admission to the United States, including the requirement that they process their visa application at a U.S. consulate abroad.

With the change outlined in the notice, individuals who currently qualify for a waiver of inadmissibility under the existing eligibility standards, and who can demonstrate that separation from their U.S. citizen spouse or parent would cause extreme hardship to that relative, would be allowed to apply for a waiver while still in the U.S.  By allowing these individuals to apply for waivers in the U.S. and making a provisional determination of waiver eligibility before the individuals must depart the country for visa processing, USCIS would provide a more predictable and transparent process and improved processing times, minimizing the separation of U.S. citizens from their families. The change would also streamline the process for both USCIS and the Department of State (DOS) when handling requests for these waivers.  As a result, this change would encourage individuals who may be eligible for a waiver of inadmissibility to seek lawful readmission to the United States by limiting the amount of time they would need to spend away from their U.S. citizen spouse or parent.

Following publication of this notice, USCIS will undertake further analysis and collaborate with the Department of State to develop the streamlined process in greater detail.  USCIS plans to publish a notice of proposed rulemaking in the coming months that will provide additional details and allow the opportunity for public comment.  A final rule will then be published to implement the streamlined process.  The rule will not modify the underlying standard for assessing whether denial of the waiver would result in extreme hardship to the U.S. citizen spouse or parent of such individuals.  It would modify only the process by which these applications may be filed and accepted by USCIS for processing.

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Posted in: US Embassy , us immigration , US Visa , USCIS

H-1B Visas - No More Application Until Late 2012

The US Immigration is no longer accepting applications for H-1B visas for the government's current fiscal year, meaning that foreign tech workers will not be able submit applications for the temporary work permits until October of next year. US Citizenship and Immigration Services said it had received enough applications to fill the 65,000 H-1B visa cap as of Nov. 22, two months earlier than last year. The agency said applications received after that date will be rejected.

USCIS said it's also received enough applications to fill the additional 20,000 H-1B visas that are available to foreign graduates who studied in advanced degree programs at U.S. universities. Current H-1B visa holders can still file to change the terms of their employment. H-1B visas allow foreign workers, mostly in the tech industry, to work in the U.S. for three years. The US visas can be renewed for one, additional three-year term.

That the H-1B cap was reached well ahead of last year's pace indicates that the program is not allowing skilled IT workers to move to the U.S. in sufficient numbers, according to proponents of a more open immigration system. A recent study by The Partnership for a New American Economy, which is backed by a number of tech and business giants, including Microsoft, Boeing, and News Corp., found that 18% of the companies on the 2010 Fortune 500 list were founded by immigrants. "The findings are clear, immigrants drive our economy," said the group. The study noted that eBay, Yahoo, Sun, and Qualcomm were all founded by immigrants.

Not everyone is in favor of looser immigration rules for tech workers. Groups that represent American IT workers, such as WashTec and Alliance At IBM, have noted that a number of tech companies, including Microsoft and IBM, have laid off thousands of U.S.-born employees in the past several years even as they have brought in H-1B workers from India, China, and other offshore locations. Critics also point to a recent study by the General Accountability Office, which found that 54% of H-1B visa recipients were entry-level caliber workers, even though the program was designed for highly skilled professionals. On Thursday, The Partnership for A New Economy and The American Enterprise Institute will hold a briefing in Washington, D.C., where they plan to argue for loosening the caps on the H-1B and other visa programs. U.S. Rep Tim Griffin (R-Ariz.) plans to speak at the event.

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Posted in: H-1B visa cap , H-1B visas , US Embassy , us immigration , US Visa

US Work and Family Visas Changes in Limits

The bill that ends employment-based visas caps and changes family-based visas caps per country has been passed by the House on November 29, 2011. The legislation, which passed 389-15, would eliminate the limit for worker-based immigration visas per country set by the current law. The number of worker-based visas is no longer required to be no more than 7 percent of the total number of such visas given out. Instead, permanent residence visas or green cards would be handled on a first-come, first-served basis.

As Rep. Jason Chaffetz, R-Utah indicated, the bill would encourage high-skilled immigrants who were educated in the U.S. to stay and contribute to the U.S. economy rather than work in other countries using skills they learned from the U.S. There are currently about 140,000 green cards issued a year to immigrants working in the U.S. with degrees from U.S. universities.

It is said that skilled workers seeking to stay in the U.S. from India and China, two large countries that account for more than 40 percent of the world's population, and high-tech companies would benefit from the change. Also under the approved legislation, the family-based visa limits would increase from 7 percent to 15 percent per country. The change could slightly ease the backlog for naturalized citizens, particularly from Mexico and the Philippines, trying to bring relatives into the U.S.

"This will significantly shorten the wait for the people in the family queues," stated Tamar Jacoby, president of ImmigrationWorks USA, a national federation of small business owners working for changes in immigration laws.

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Posted in: US Embassy , us family visa , US Visa , US work Visa

Gail Kerr: US Immigration Needs to Open Doors to Foreign Tech Workers

A pro-business group that landed in Nashville this week is spreading a unique message: “Immigrant” is not a dirty word. At a time when there are 1,000 technology jobs open and waiting for good candidates in Nashville-area businesses, this group is realizing America has thrown up barriers that stop some of the brightest minds in foreign companies from even attempting to relocate here.

The Partnership for a New American Economy, led by New York Mayor Michael Bloomberg and backed by Nashville Mayor Karl Dean and the Nashville Area Chamber of Commerce, came to town this week to persuade other Nashville leaders to get on board. It’s not a new message at all: It used to be that coming to America was a dream come true, particularly for the world’s smartest high-tech workers. But then the trend of hating all immigrants spread rapidly through the country, and the message became that we didn't want any foreigners touching our soil.

Thank goodness this group is singing a different tune. It is pushing Congress to steer clear of hot-button fights over amnesty and border patrols and, instead, focus on real, practical immigration law reform. It favors laws making it easier for high-tech workers to get visas to move here and to keep international students here once they graduate. It comes just a few weeks after news broke that Nashville job recruiters are taking extraordinary steps to find people to fill high-tech jobs. Technology talent needs to be home-grown, but it isn’t right now. Chamber officials are working with 18 universities to entice students to enter tech programs. Local companies also are trying to train the existing pool of unemployed workers who are already here. And, recruiters are turning to places like Silicon Valley to hire and attract technology companies.

Still, 1,000 empty tech jobs is a slew of opportunity. The trend to look at immigrants as a source for filling these jobs is a natural next step. The Partnership for a New American Economy is a year-old group that focuses on loosening federal law to attract more scientists and engineers from foreign countries. For example, it wants to create an entrepreneur visa to draw high-tech talent from countries including China, India and Canada who want to start their own businesses.

Right now, America to those people “is more foreboding than it should be,” Alejandro Mayorkas, director of U.S. Citizenship and Immigration Services, said at a Nashville panel discussion. One of the business people backing the effort is Colin Reed, chairman and chief executive of Gaylord Entertainment Co. He would like to see it become easier to get a tourism visa to visit American cities. The waits for those now are lengthy, and the process requires an interview with the State Department. Why bother, when it’s easier to vacation in other countries?

“We’ve got to have stronger leadership in both branches of government to tackle these issues and not dance around the outside,” Reed said. He’s right on the money. People have become so paranoid about “illegal immigrants” that America has shot itself in the foot when it comes to attracting smart workers, new business owners and tourists.

How refreshing to see a group like this step up and confront those who want to make legal immigration a prickly, emotional issue.

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Posted in: Foreign Tech Workers , Immigration News , immigration tips , travel news , Travel Tips , US Embassy , us immigration

US Immigration Enforces New US Visa Rule

 The US immigration agency is enforcing a new set of rules that can make life harder for Americans and their non-citizen spouses living overseas. The new process of obtaining an immigrant visa increased from three months to a minimum of five. Sometimes it may take as long as three years, The New York Times reported on Aug. 14.    

Ukraine is no exception. Americans married to Ukrainians residing in their home country will have to go through a long and complicated visa process if they decide to leave. The US Embassy in Ukraine estimates that the rule will affect approximately 5,000 Americans internationally. In an effort to centralize the process, the U.S. Department of Homeland Security now requires applicants abroad to mail the visa document called I-130 to a central immigration office in Chicago, whereas before it was enough to contact a local consulate.

“This is making a simple process complex,” said Reno Domenico, head of the Ukrainian branch of Democrats Abroad. “The new process is very impersonal, even though they say it will be a simplified process. From our experience, we don’t believe that it will be the case.” Following the submission of I-130, the families will have to wait approximately five months for the processing results, which is nearly twice as long as it was before.

After I-130 is processed, the applicant will have to submit an application to the U.S. State Department for the actual US visa. So, the entire process of bringing the family to the U.S. might take from one to three years. The options for temporary visits to the U.S. by non-citizen spouses, while the application is pending, may be limited, said Dominico.

“We suspect there will be problems with getting visitor’s visas,” he said. The US Citizenship and Immigration Services, however, assure that new rules will improve the overall system. In the interview with The New York Times on Aug. 14, spokeswoman Edna Z. Ruano said that the mail-based approach would save many Americans trips to consulates or embassies abroad and will be a step towards full transition to the electronic process. The background to this rule, according to Ruano, is financial strain on the immigration services. Last year the State Department billed the agency $3 million for its I-130 work. As a result, the agency has decided that “it is more cost effective for U.S.C.I.S. to adjudicate all I-130s, with certain limited exceptions.”

But it is an unpopular decision. “From the administrative point of view, this decision might be reasonable. However, from a human standpoint it is a terrible idea. Even though Ukraine is our home now, the new rule is taking away the choice to return to the U.S. whenever we want,” commented Scott Lewis, executive vice president for Willard. In rare situations, such as medical emergencies, threats to personal safety or some adoptions, the State Department will process applications, speeding the process.

Daniel Cisek, deputy press attache of the U.S. Embassy in Kyiv, said that any exceptions will be approved by the local Citizenship and Immigration Services office, which for Ukraine is in Moscow. “We estimate this will affect less than 20 applicants per year in Ukraine,” Cisek said.  

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Posted in: US Embassy , us immigration , US Visa

How Hard to Get a US Visa?

Did you know that for every 10 tourist or business visa applications filed with the United States embassy in Manila, about seven get approved? “It’s a 70 percent approval rate, which is pretty good,” according to Consul General Michael R. Schimmel. He says “it’s a reasonable rate” though he would like it to go higher.

“We very much want to see Filipinos visit the US. It’s in everybody’s interest for Filipinos to travel to the US,” Schimmel, who assumed his post in October, tells the Inquirer. He says international travel is the best way to promote a solid bilateral relationship. He adds, “We want to promote American businesses. Travel is a huge American business. We want to see Philippine nationals come to the US for a wide range of reasons.”

Last year, the embassy received some 210,000 nonimmigrant visa applications, about 700-1,000 applications a day. Close to 30 percent were disapproved for various reasons.

Arbitrary?

Many applicants who get turned down complain that the disapproval is arbitrary. Retired Army Col. Justino A. Padiernos’ application was denied four successive times between 2008 and 2009. In April, the 77-year-old Padiernos of Gapan, Nueva Ecija filed a formal protest with the Department of Foreign Affairs’ Office of American Affairs (OAA). DFA Assistant Secretary Patricia Ann Paez referred the  protest to Schimmel.

Former Southern Command chief Lt. Gen. Romeo Padiernos had criticized former Foreign Secretary Alberto Romulo for not acting on his older brother’s request for assistance in securing a visa. The older Padiernos studied and worked in the US and was a  permanent resident (green card holder) in 1982-1992. He gave up his green card and returned home, becoming the  chair and chief executive officer of the cooperative Agricultural Productivity Development Corp.

He returned several times to the US as a tourist between 1993 and 2008. Padiernos, who said he wanted to go to the US again to visit his family and attend to a civil court case involving a family property, said the denial of his visa application was arbitrary. The US Embassy said applications were decided based on “individual merits,” consistent with immigration laws.

In a letter to Padiernos, embassy official Richard Swart explained that consular officers were trained   “to presume that visa applicants intend to immigrate unless they can demonstrate that their familial, social, professional, and economic ties to the Philippines are compelling enough for them to return after a temporary stay in the US.”

Swart said applicants should not only show a good and legitimate reason to go to the US, but an even better reason to return home. Padiernos’ wife and daughter live in the US but he cites “strong economic ties” in the Philippines as head of a coop, including a coop for Philippine Military Academy alumni.

Interview is crucial

Schimmel says “there’s nothing mysterious about obtaining a US visa.” But he says everything depends on the interview. He says somebody who is truthful and honest and needs a visa only for a visit will get it. He stresses, “Avoid fixers. There’s no need for an intermediary.”

Schimmel says the US embassy web site explains the procedure. He says because there are about 11 million undocumented foreign nationals in the US, many of them arriving legitimately with visas, they have to scrutinize carefully applications.

No visa waiver for PH

The Philippines is not among 36 countries covered by the Visa Waiver Program (VWP). Nationals of countries covered by VWP can travel to the US for tourism or business purposes without a visa and stay for not more than  90 days. Only four Asian countries are in the VWP: Brunei Darussalam, Japan, Singapore and South Korea.

To be admitted to the program, a country “must meet various security and other requirements, such as enhanced law enforcement and security-related data sharing with the US.” The US State Department says VWP members must also “maintain high counter-terrorism, border control and document security standards.” For a country to qualify, the rate of visa application refusal must be less than two percent. The Philippines’ is around 30 percent.

In the top three

As for immigrant visas, Schimmel says they get 50,000-70,000 applications each year. He says the number places the Philippines in the top three, with Mexico in the number one spot, followed by China.

Last year, the embassy got 52,000 applications. Schimmel says most immigrant visas get approved. Although some applications may get deferred for one reason or another,  “most people in the category eventually—if they’re transparent individuals—will be approved.”

For nonimmigrant visa applications, the fees are: $140 for visitor or business, $150 for temporary worker, $350 for fiance/fiancee, and $390 for investor or trader. For immigrant visas, immediate relative and family preference applicants are charged $330 each. Employment-based application fee is $720.

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Posted in: US Embassy , us immigration , US Visa

US Startup Visa: Visa for Foreign Entrepreneurs

The dream of U.S. to become the world's best startup hub is currently a dream as their current immigration policies have prevented many foreign-born startup founders from remaining in the U.S. The policy is forcing foreign-born startup founders with venture capital and employees out of the country, effectively sending thousands of high paying knowledge jobs overseas for no reason. 

However, the U.S. government is trying new ways to attract these foreign-born startups. They have come up with a new "Startup Visa" - a process through which establishing businesses in the U.S. will become more easier for foreign entrepreneurs. The visa will allow the entrepreneurs to keep their companies and their jobs in the U.S.

The New US Visa will be provided under certain conditions:

1. Entrepreneurs living outside the U.S. qualify for the visa if an American investor agrees to fund their entrepreneur ventures with a minimum investment of $100,000. Two years later, the startup must have created five new American jobs and either have raised more than $500,000 in financing or be generating more than $500,000 in yearly revenue.
2. Workers on H- 1B visas or graduates from the U.S. universities in science, technology, engineering, mathematics or computer science are eligible if they have an annual income of at least $30,000 or assets of at least $60,000 and have had an American investor commit investment of at least $20,000 in their ventures. After two years, the startup must have created three new American jobs and either have raised more than $100,000 in financing or be generating more than $100,000 in yearly revenue.
3. Foreign entrepreneurs whose business has generated at least $100,000 in sales from the U.S. After two years, the startup must have created three new American Jobs and either have raised more than $100,000 in financing or be generating more than $100,000 in yearly revenue.

Every job being created by such startups will contribute towards fulfilling the global competition for talent and investment in the U.S. This visa act will enable the foreign students and workers who are already in the U.S. to qualify for a US visa with a reasonable requirement, where they should have the potential with enough savings so as not to burden the American taxpayers and get a qualified investor or a government entity.

Yet, there is a huge risk involved with this visa. If their entrepreneurial venture fails or does not take a fly, they must start again or leave the U.S. These factors do not suit entrepreneurship, as entrepreneurship means risk taker with no guarantee of success or failure. However, the fact remains that the skilled immigrants create jobs and they have to do so if they want to remain in the U.S. This is future, what about the present? Presently, these entrepreneurs have no other option than taking their ideas home and give a competition to the U.S.

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Posted in: new us visa , US Embassy , us immigration , US Startup Visa , US Visa

Basic Requirements Needed for US Visa Application

It’s been a long time since I last updated this blog. I had a very busy schedule, sorry to keep you waiting guys. So, after giving you some basic tips in UK Immigration and US Immigration as well as the Canada Immigration now I am sharing you’re the Basic Requirements needed for US Visa Application:

1. DS-160 ONLINE NONIMMIGRANT VISA ELECTRONIC APPLICATION – All applicants must complete the DS-160 Online Nonimmigrant Visa Electronic Application. Applicants can access the DS-160 from the Consular Electronic Application Center website.

 

In order to avoid delays in processing visa applications, visa applicants or their representatives must ensure that the following information is correctly provided: Applicant’s Complete Name (required format is Surname, First Name(s), Middle Name), Applicant’s Passport Information (the passport used in filling out the form must be the same passport presented on the day of the interview), Other Names (for married female applicants, type your complete maiden name), Purpose of Trip (if the answer falls under “Other,” specify the purpose of travel in the blank provided), Primary Occupation (if the answer falls under “Other,” specify the occupation in the blank provided), Contact Person and Contact Address in the United States, Father’s Complete Name, and Mother’s Complete Maiden Name.

2.  PASSPORT – Signed passports must be valid for at least six months from the date of intended departure from the United States. The passport must be in good condition, i.e., photo lamination is undamaged, and all passport pages are intact.

Applicants must also present all previously issued passports or notarized affidavits of loss, if applicable.

Taiwanese passport holders who do not have Taiwan personal identification numbers listed above the date of birth on the biographic data page in their passports must present their original Philippine residency permit.

3.  PHOTO - One 2" x 2" standard photo.  The photo must be:

• In color
• Sized such that the head is between 1 inch and 1 3/8 inches (22 mm and 35 mm) or 50% and 69% of the image's total height from the bottom of the chin to the top of the head. View the Photo Composition Template for more size requirement details.
• Taken within the last 6 months to reflect your current appearance
• Taken in front of a plain white or off-white background
• Taken in full-face view directly facing the camera
• With a neutral facial expression and both eyes open
• Taken in clothing that you normally wear on a daily basis
• Uniforms should not be worn in your photo, except religious clothing that is worn daily.
• Do not wear a hat or head covering that obscures the hair or hairline, unless worn daily for a religious purpose. Your full face must be visible, and the head covering must not cast any shadows on your face.
• Headphones, wireless hands-free devices, or similar items are not acceptable in your photo.
• If you normally wear glasses (without tinted lenses), a hearing device, or similar articles, they may be worn in your photo.
• Dark glasses or glasses with tinted lenses are not acceptable.
• Glare on glasses is not acceptable in your photo. Glare can be avoided with a slight downward tilt of the glasses or by removing the glasses or by turning off the camera flash.

4. EXTENSION OF STAY/CHANGE OF STATUS – Please bring copies of U.S. Citizenship and Immigration Services (USCIS) approvals of extension of stay or change of status, if applicable.

5.  PROOF OF RELATIONSHIP (if applying with/for dependent/s)

• Original marriage certificate printed on Philippine National Statistics Office security paper, if applicable (if applying with a spouse and/or child)
• Original birth certificate printed on Philippine National Statistics Office security paper (for dependent/s)

(Source: http://manila.usembassy.gov/)

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Posted in: immigration and travel , immigration tips , US Embassy , us immigration , US Visa

Top Ten US Immigration Tips for Avoiding Trouble

Most of us really want to visit US, But sadt to say it is not that easy for your US Visa to be approved . Here's the thing, keep your status secure and your visa and green card applications moving along smoothly by following these immigration tips.

1. Plan for delays. If you are in the United States and your work permit or status needs to be renewed, realize that U.S. Citizenship and Immigration Services (USCIS, formerly called the INS) is extremely backed up. Cope by turning in your application far in advance. This is particularly important if your legal status has an expiration date on it. If you fall out of status, the immigration authorities could arrest you.

2. Consider U.S. citizenship. If you have a green card, file for U.S. citizenship as soon as legally possible. This will not only protect you from removal (deportation), but will also help you get a more secure status for your close family members. Most people have to wait five years after their green card approval before applying, but a few people can apply sooner. 

3. Avoid summary removal. When arriving in the U.S. from overseas, be ready to convince the border official that you deserve your entry visa. These officials have a lot of power, and they can send you back if they think you are a security risk or that you lied in order to get the visa. Tourists should be careful not to pack anything that looks like they're planning a permanent stay, such as a résumé or a wedding dress.

4. Notify USCIS of address changes. If you're spending more than 30 days in the United States, you must notify USCIS of your changes of address, within ten days of moving. You and every member of your family must send separate notifications. You can do so either by mailing in Form AR-11 (available on the USCIS website) or, better yet, by using USCIS's online change of address service. Also, be sure to send written word of your new address to every USCIS office that's handling an application of yours -- otherwise, the office might not hear of the change.

5. File multiple visa petitions. If you plan to get a green card through a family member, see if more than one member of your family is eligible to submit the visa petition for you. For example, a brother and a sister who are U.S. citizens could both file for you, as could a U.S. citizen spouse or parent. That way, if the waiting list in one category gets especially long or if one person dies, you'll have another option in the works already.
   
   
   

6. Don't be late. Be extremely careful to arrive on time for any scheduled appointment with the USCIS, a U.S. embassy or consulate, or the U.S. immigration court. Arriving late -- or not at all -- can result in months of delays at best and removal from the United States (deportation) at worst.

7. Avoid visa violations. Make sure you understand the fine print surrounding your visa, work permit, or green card, and follow the rules carefully. Violating even minor terms of your visa or green card -- for example, working while you're here as a tourist or helping to smuggle a family member over the border -- can result in your visa being canceled or you being deported. 

8. Copy and track paperwork. USCIS is famous for losing paperwork. Send all applications and other material by certified mail, with a return receipt, and keep a copy. They're not only your proof of filing, but may become the main copies used by USCIS if the original file is never found.

9. Do your research. Be careful who you accept advice from. Rumors and friends can't be relied on -- everyone's legal situation is different. Even USCIS employees sometimes give out wrong advice, for which you pay the consequences. Do your own research where possible and, if necessary, take your unanswered questions to an immigration attorney or accredited representative whose reputation you've checked out.

10. Get help from above. If nothing else is working, contact your U.S. congressperson. They can usually make an inquiry for you, which often encourages the USCIS or consulate into taking appropriate action.

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Posted in: green card , immigration tips , US Embassy , us immigration

Learn how to get a United StatesStudent Visa

All of us wanted to study abroad especially in the US. So have you ever asked yourself how you can obtain a US Student Visa? read the following article so you can understand the things you need to know for you to obtain a US Student Visa.

Q: What are the basic requirements for a visa that would allow me to study at a university in the United States?

A: U.S. Citizenship and Immigration Services (USCIS) applies a number of criteria in determining whether a prospective international student is eligible for an F-1 student visa. The most basic requirement is acceptance for enrollment in an “academic” education program, not a vocational-type program. Enrollment in an accredited college, university, seminary, conservatory, or language training program qualifies as academic study. An academic student can be seeking a Bachelor’s, Master’s, Ph.D., or other graduate-level degree, or can be engaged in post-doctoral studies. Programs not considered to be “academic”, such as those offered by technical and vocational schools, would require the issuance of an M-1 visa instead of an F-1 visa. The M-1 visa requirements are similar but not identical to those for the F-1 visa.

Once you have been accepted by an accredited school, the institution will issue appropriate documentation for you to include in your visa application at the U.S. Embassy.

In addition:

• The applicant must intend to enroll in a school approved by the U.S. Attorney General for attendance by foreign students.

• The Student and Exchange Visitor Information System (SEVIS) put into place after the September 11, 2001 attacks introduced a number of changes in the process by which the Department of Homeland Security ensures that a school is eligible to participate in the F-1 process. Schools must demonstrate that they are legitimate educational institutions and appoint a designated school official (DSO) who will sign all necessary forms.

• The international student must be intending to enroll in a “full course of study” at the school, which generally means at least 12 credit hours each semester.

• The international student must provide proof of proficiency in English or be enrolled in English language courses leading to proficiency.

• The international student must have sufficient funds available for full support during the entire proposed course of study.

• The international student must maintain a residence abroad that he or she has no intention of abandoning and must intend to leave the U.S. upon completion of the course of study.

One of the most important issues in obtaining a student visa involves “non-immigrant intent.” This is probably the most closely scrutinized element of the application process. USCIS and the U.S. Embassy in your home country will need to be satisfied that you do not have the intention of immigrating to the U.S., of failing to maintain full-time student status, or of overstaying your student visa. To prove non-immigrant intent, you will need to show ongoing ties to your home country. These could include having immediate relatives, home ownership, apartment leases, ongoing affiliation with community/church groups, or an offer of employment or plans for further academic study or training upon your return home.

Another major issue in obtaining a student visa involves finances. You need to be prepared to prove that you have the means to support yourself and pay tuition and fees while studying in the U.S. Some U.S. colleges are very expensive (including even public colleges with respect to the tuition charged to “out-of-state” residents), and you would need to be able to demonstrate access to considerable funds to apply for a visa to attend them.

Once you enter the USA on the F-1 visa: Be aware that at the end of your course of study it may be possible to apply for a period of Optional Practical Training (OPT) in the U.S. employing the skills that you have acquired, and allowing you to be paid during the training. This maximum time allowed usually is one year, with some exceptions, but if you work full-time during school vacations, that time will be subtracted from the one year available to you at the end of your course of study.

Study on a J-1 Visa: A J-1 exchange visa for academic study (administered by the U.S. State Department rather than USCIS) may be appropriate in some situations instead of an F-1 visa. Many of the requirements are comparable, but there are differences depending on the circumstances of each individual case.

International Student Advisors may assist you: U.S. colleges and universities that admit international students typically have advisers and files of information to assist you in your application, including determining whether the F-1 or J-1 visa is a better fit for you. All colleges have web sites, and typically they contain a section with very detailed information for prospective international students.

For a free, confidential consultation on this or any other immigration issue, visit one of our weekly legal clinics advertised in The Irish Emigrant.

Disclaimer: These articles are published to inform generally, not to advise in individual cases. Areas of law are rapidly changing. U.S. Citizenship and Immigration Services and the U.S. Department of State regularly amend regulations and alter processing and filing procedures. For legal advice seek the assistance of an IIC immigration specialist or an immigration lawyer.

Source: The Irish Emigrant

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Posted in: US Embassy , us student visa , US Visa

America in 3D: US Embassy Philippines Job Fair

MANILA, Philippines - From March 18 through 20 at SM City North EDSA in Quezon City, the US Embassy will hold a job fair featuring with over 6,000 vacant positions in American companies as part of a three-day program called “America in 3D.”

In addition, the U.S. Embassy will provide FREE musical performances, food tastings, sports clinics, film screenings, cooking demonstrations, a digital video dialogue with Fil-Am White House Executive Chef Cristeta Comerford, information sessions about applying for visas and studying in the United States, and so much more!

Members of the public will have the opportunity to meet representatives of various Embassy sections and agencies, including the Department of Veterans Affairs, the Visa Section, and the United States Agency for International Development, the Peace Corps, the U.S. Commercial Service, the Foreign Agricultural Service, and the Philippine-American Educational Foundation (Fulbright Commission). They will provide you with valuable information to help you connect with the Embassy.

Source: Manila Bulletin

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Posted in: America in 3D , Cristeta Comerford , Job Fair to US , UK work Visa , US Embassy

US visa Services fees to increase on June 4

MANILA, Philippines – The fees for the processing of US visas will increase on June 4, 2010, the US Department of State announced.

“The US embassy in Manila will immediately begin collecting the new fees for appointments made for June 4 or later,” the US Department of State said.

The department said the increase for the Machine Readable Visa (MRV) will ensure sufficient resources to meet the increasing cost of processing non-immigrant visas.

It added that the new fee for US Tourist Visa (B1/B2 category), seafarer/crew visas (C1/D), student visas (F), and exchange visitor visas (J) will be $140 or the equivalent in pesos. The new MRV fee for work visas (H, L, O, P, Q, and R categories) will be $150. Trader/investor visas (E) will rise to $390. US K1 visa and US K3 Visa will be $350. All other non-immigrant categories will be $140.

Applicants with appointment interview dates on or after June 4 will be required to pay the new fees. Those who are scheduled before June 4 will pay visa fees at the current rate of $131.

All applicants with an interview date of June 4 or later must pay the full MRV fee, even if they have already made an appointment and paid at the old rate of $131.

“The embassy requests that visa applicants who have already paid the MRV fee of $131 for an appointment scheduled after June 4 pay for the difference in fees at the same bank branch where they made the initial $131 payment,” it stated.

It further stated that applicants will not be allowed to enter the embassy for their scheduled interview unless the full MRV fee has been paid.

Source: ABS-CBN News

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Posted in: US Embassy , US K1Visa , US K3 Visa , US Tourist Visa , US Visa Services

US increase US Visa Validity for Serbs to 10 years

The United States has increased the length of US Visa validity for Serbia's citizens to ten years in a sign of improving ties with the Balkan country.

Ambassador Mary Warlick says the increase applies to business and tourism visas. Visas in other categories will still be issued to a maximum three years.

Warlick described the move Thursday as "an important milestone in relations between the United States and Serbia, and a symbol of our deepening friendship."

Relations between Washington and Belgrade were tense in the past because of U.S.-led NATO bombing of Serbia in 1999, and America's support for the independence of Kosovo.

Warlick cited "significant progress" in relations in the past year.

Source: Bloomberg Business Week

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Posted in: US Embassy , US Visa Services

US Visa Services Closed This Week

The United States embassy in Bangkok has suspended US Visa Services at its Wireless Road consulate until at least Friday for security reason.

The embassy said it is not safe for officials of the consular section to travel to work at their office on Witthayu Road and it has only a limited number of officials to work for emergency cases.

Visa applicants who have appointments for an interview will be informed of the service suspension by telephone or e-mail.

The Bangkok office of the United Nations has also announced to close on Monday and Tuesday during which its officials are allowed to work at home.

Source: Bangkok Post

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Posted in: Thailand Immigration , US Embassy , US Visa Services