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

Philippines’ AirAsia Introduces New Hotline and Cash Payment Partners

Philippines’ AirAsia, the low cost carrier with the youngest fleet, today announced significant changes in its customer call center. Starting February 25, Philippines’ AirAsia’s new customer hotline number will be 742ASIA or 742.27.42.

“To provide optimum customer care service for our guest, AirAsia is launching two new significant innovations. We have a new customer hotline that is easy to remember and we are also rolling out our cash payment partner with 7-Eleven store for our passengers who want to avail of our online promo and other privileges but would like to pay in cash instead of using their credit cards,” AirAsia Inc. Commercial head Freddy Herrera said.

AirAsia’s payment partner service provides the convenience of using cash when paying for AirAsia promo fares and other online purchases at www.airasia.com. “Filipinos will embrace this new concept of paying cash for airline tickets via our payment partners option because of its simplicity and convenience,” Herrera added.

The payment partner service covers all Philippines’ AirAsia flights from its hub in Clark International Airport to Taipei, Singapore, Hong Kong and Kuala Lumpur including domestic flights to Davao and Kalibo (Boracay). “We are expanding our payment partners service to include other outlets in the coming weeks so that more and more people will benefit from AirAsia’s awesome low fares and extensive route network covering 80 destinations in 20 countries,” Herrera said.

More than 800 7-Eleven stores nationwide will start accepting cash payments for AirAsia on February 28. AirAsia’s new Philippine hotline number, +632.742.2742, meanwhile, will start on February 25. It will be open daily, from Monday to Sunday, at 8:00AM – 9:00PM.

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Posted in: AirAsia , philippine travel , travel news

Philippine Entry Visa Not an Entry Guarantee to Philippines

The Bureau of Immigration (BI) has reminded foreigners that possession of a Philippine entry visa is not a guarantee that its holder will be automatically admitted into the country.

Immigration Commissioner Ricardo David Jr. made the statement following complaints from some members of the Filipino-Chinese community about the alleged excesses of BI officials in preventing the entry of arriving Chinese tourists with valid visas at the Ninoy Aquino International Airport (NAIA).

He explained that a visa imprinted on a foreigner's passport merely authorizes the bearer to present himself for admission to an immigration officer in a Philippine port of entry. "It denotes that the visa application of the visa holder has been properly examined by a consular officer at a Philippine post abroad," he said.

He stressed that the decision to admit a foreign national into the Philippines is the primary function of immigration officers at the port of entry, adding that it is an international practice adopted by all countries throughout the world. "Thus, no foreigner who holds a Philippine visa can invoke his right or privilege to enter the country. He still has to pass inspection or assessment by our immigration officers who will determine and decide if he should be admitted," David said.

"If upon inspection and profiling a foreigner is found to be improperly documented or is deemed as likely to become a public charge or a threat to national security, public health and safety, he will be excluded," David said. The official clarified that in most cases the immigration officers involved in preventing the entry of foreigners did not abuse their discretion but only did their job because the aliens they excluded were profiled as public charges.

Basically, an arriving foreign tourist is deemed a public charge if he cannot explain his purpose in visiting the country, does not have hotel accommodation, return ticket and does not have sufficient funds to support his stay. On allegations that some immigration officers have been extorting money from tourists, David again challenged the accusers to name names so that those responsible could be punished and dismissed from the service.

"These sweeping allegations of corruption by our airport personnel without the culprits being pinpointed have only besmirched our bureau to the detriment of those who are uprightly doing their job as gatekeepers of our country," he said.

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Posted in: Bureau of Immigration , Immigration News , Philippine Embassy , Philippine entry visa , philippine immigration , travel news

US Election Result Brings Hope of Immigration Reform

THE people of the United States have reelected Barack Obama to a second term as America’s chief executive. Over the next four years, President Obama will maintain the ability to appoint justices to the Supreme Court and to the lower federal courts and to the heads of the federal agencies. Obama has pledged during his campaign that he remains committed to immigration reform, and to policies that favor the growing immigrant base that just helped him win the election.

When Obama was first elected president, he promised to bring comprehensive immigration reform before Congress. In his first term, his efforts at reform were thwarted by a Congress that was unable or unwilling to make bipartisan compromises in order to promote effective change. Unable to pass laws without the support of Congress, President Obama used his executive authority to improve the system in place and open avenues for relief under the existing legal framework.

Starting last year, through his Secretary of Homeland Security, President Obama encouraged agents and attorneys with Immigration & Customs Enforcement (ICE) to exercise prosecutorial discretion in deciding which cases to pursue for removal or deportation from the United States. The President advised ICE to focus resources on high-priority cases involving dangerous criminals, and to make available the option to cancel removal in the case of a person with strong family ties, no criminal record, and other favorable equities. This policy has resulted in the termination of numerous deportation and removal cases, preventing the break-up of families that were facing seemingly imminent separation.

Earlier this year, President Obama proposed regulatory changes that would permit a person who entered the United States without authorization to file for a “provisional waiver” before departing the United States to apply for readmission abroad. This waiver would significantly shorten the time that families are separated while family-based applications are pending. The provisional waiver is ready to be implemented, and the momentum from this election inspires confidence that final regulations will be forthcoming soon.

Recently, President Obama exercised his authority to put in place an application process known as Deferred Action for Childhood Arrivals (DACA) in order to provide some relief through administrative channels for young persons who have lived in the United States for several years and attended schools in the United States. Many believed that if Mitt Romney had been elected, he would terminate the program, or decline to renew individual applications when they expire after two years. With Obama back safely in the White House, we can proceed with DACA applications with the confidence that the program will remain in place, and that DACA grants will be extended in two years’ time. We remain confident, as President Obama pledged during this campaign, that once the Dream Act is finally passed, the work authorizations issued under DACA will lead to permanent residency and citizenship.

The Obama administration may also provide support for changes necessary to exercise the full benefit of the Child Status Protection Act for aged-out beneficiaries of immigrant petitions. As benefits are expanded and more immigrants are eligible to apply for admission to the United States, the visa quota system will need to be expanded. The Obama administration would likely favor a push for increased visa availability to accommodate the influx in applicants who are now eligible to apply.

The reelection, and changing dynamics in Congress, also provides good cause for optimism that comprehensive immigration reform is possible. This election demonstrates that the Republican Party must update its message to address substantial numbers of Latino and Asian voters. In order to adapt to the changing American demographic, Republicans will need to soften their stance on immigration policy. The parties should be encouraged to work together to promote business immigration policies that will maintain American competiveness in a global economy. As President Obama said during the second debate, “there are folks all around the world who still see America as the land of promise. And they provide us energy and they provide us innovation and they start companies like Intel and Google. And we want to encourage that.”

Barack Obama’s second and final term in office is his opportunity to preserve a progressive, immigrant-friendly legacy, and to expand on the base support of immigrant communities for the future of the Democratic Party. President Obama does not need to tow a centrist line anymore, and can forcefully advocate for the positive immigration reform he has promoted throughout his presidency and his campaigns. We are optimistic that the next four years will open new pathways to immigration relief and reform for the betterment of this great melting pot.

President Obama has already put several programs in place that provide relief that was not previously available, and there is good cause to believe additional relief is on the way. Any person seeking status in the United States is encouraged to consult with an experienced immigration attorney to determine what options might already be available.

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Posted in: Immigration News , travel news , Travel Tips , us election result , us immigration

Travel Entrepreneur to Complete Seven Continents with Young Daughter

Travel entrepreneur RJ Samson and his 12-year-old daughter Lizzie’s travel story is a unique one. The US-based Lizzie, who lives with her mom, began traveling alone at the tender age of eight to the Philippines, and has already been to six continents by the age of 12. 

Before Lizzie turns 13, the father and daughter tandem will make a trip to Australia to complete the seven continents, followed by a cruise to the Antarctic. “Lizzie and I are definitely excited about this trip. We’ve had such a wonderful time traveling around the world, just the two of us, and we can’t wait for our next adventure,” says RJ, who runs a travel company called iTraveler Asia. While RJ and Lizzie’s father-daughter bonding is far from ordinary, they have a routine for each trip. “Since Lizzie is based in the United States, we’d meet up at the airport of our destination and take it from there,” explains RJ. The pair doesn’t believe in setting itineraries without getting a feel of the place first, so they do the planning when they get to their destination. 

RJ shares that Lizzie likes to explore new places and if it’s the first time they’re visiting, they first check out the landmarks and find new experiences along the way.“Most of the time, we try to find kid-friendly spots,” he says.  Having been to Asia, Europe, the Middle East, North America, South America and Africa, Lizzie has her favorites. “I like Singapore because there are a lot of places to go and do there while South Africa is another favorite because of the wildlife.” RJ adds, “Lizzie has also taken a liking to Michelin star restaurants which we make sure that we visit on each trip.” 

To travel the world is but a fantasy for many, but RJ and his daughter are living the dream. Yet for RJ, while traveling to exotic destinations is certainly a thrill, it’s the moments spent with Lizzie that make the trips worthwhile. “I always tell her that she’s lucky because I wasn’t able to travel as a child,” says RJ, who is proud that his daughter’s first travel experience was to the Philippines. “Traveling alone has made her independent and it has built a special relationship for us even if we don’t see each other on a regular basis. Traveling brings us together, and that is priceless.”

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Posted in: iTraveler , travel entrepreneur , travel news , travel story