USCIS Notification of Increase in Filing Fee

January 26, 2008

The division of United Stated Citizenship and Immigration Services (USCIS) has recently published a final rule in the Federal Register regarding significant increases to filing fee. The new fees take effect on July 30, 2007.

For the forms most frequently used by international students and scholars, the new fees are:

1. I-129 application or renewal of H-1B temporary employment $320 (currently $190)
2. I-140 petition for immigrant worker $475 (currently $195)
3. I-539 change of non immigrant status $300.00 (currently $200.00)
4. I-765 application for employment authorization (OPT, economic hardship, J-2 employment, etc) $340 (currently $180.00)

Additional information on the fee increase can be found at:
http://www.uscis.gov/files/pressrelease/FinalFeeRulePressRelease052907.pdf

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Requirements for Adjustment of Status – I-485:

January 26, 2008

1.    Original Forms I-485 Application to Register Permanent Residence or Adjust Status of self and his derivative spouse, if any and child/ren if any.
2.    Original Forms G-325A Biographic Information.
3.    Original Forms I-765 Application for Employment Authorization of adult applicants.
4.    Original Forms I-131 Application for a Travel Document.
5.    Form I-134 Affidavit of Support from Principal Applicant in favor of his derivative spouse and minor child.
6.    Copy of all pages of Passport[s] of all of you. If either of you had entered the U.S. on another Passport that might have expired, copy of that passport also.
7.    Copy of Birth Certificates. If you do not have proper birth certificate containing your name along with the names of your parents, it would be necessary to obtain the required affidavits of birth. Format for the same will be provided, if required.
8.    Copy of Marriage Certificate
9.    Copy of drivers license – clear copy with photo properly visible.
10.    Total of 6 photos for you and your wife: 2 for I-485, 2 for I-765 and 2 for I-131.
11.    Copy of I-94 [front and back], H-1B/H-4 Approval Notices from all employers, Form[s] I-120A-B and EAD [relevant for those who were on F-1 status].
12.    Sealed cover containing the Medical and Vaccination Reports. Medical Examination Form + Vaccination Form will normally be available with the INS approved doctors of your area. A list of INS Panel Doctors is available online at http://www.immigration.com./
13.    Income Tax Returns for last two years.
14.    Job letter from your employer as per specimen attached. We will get this.
15.    Letter from your Bank showing amount at credit in your Account[s] as on date or the latest Bank statement.

INS fees will be as follows:

$325/- each for I-485 Application for Adjustment of status for you and your wife.
$70/- each for Fingerprinting for you and your wife.
$180/- each for I-765 Employment Authorization Card for you and your wife.
$170/- each for I-131 Advance Parole Travel Document for you and your spouse.
$225/ for minor child in respect of I-485, if any.

Also, check out the i485 photo requirements

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USCIS Fees for Green Card Processing

January 26, 2008

USCIS FEES FOR GREEN CARD PROCESSING:

I-485:

Husband    Wife    Child/Children

I-485                         $325    $325    $225 ( below 14)
Fingerprinting          $70      $70      $70 (14 and above)
I-765 - EAD             $180    $180    N/A
I-131 – Ad Parole   $170    $170    $170

The above checks need to be drawn individually in favor Department of Homeland Security.

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USCIS Announces Change In Photo Standard

January 26, 2008

USCIS ANNOUNCES CHANGE IN PHOTO STANDARD TO TAKE EFFECT

Washington, DC – In accordance with language specified in the Border Security Act of 2003, U.S. Citizenship and Immigration Services (USCIS)  announced a change in the photo requirements for all applicants from a three-quarter face position to a standard, full frontal face position to take effect August 2, 2004.

USCIS will accept both three-quarter and full color frontal photographs until September 1, 2004 after which only full frontal color will be accepted.

The application process of customers who have already submitted materials that include color photos with the three-quarter standard will not be affected by this change.

[Read more]

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Processing Visa Applicants with Drunk Driving Hits

January 26, 2008

To all international students & scholars—

Please take note of this new Department of State Visa Policy regarding visa applicants with a history of drunk driving hits….
——————————————————————————————————————————————————-
DOS Visa Policy Telegram to Consular Posts on Processing Visa Applicants with Drunk Driving Hits

Cite as “AILA InfoNet Doc. No. 07071670 ”
http://travel.state.gov/visa/laws/telegrams/telegrams_3267.html

SUBJECT: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS

1. Summary: This cable clarifies how consular officers should handle cases where an applicants’ criminal record shows an arrest or conviction for drunk driving or other alcohol related offence.

[Read more]

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Margaret McNamara Scholarship Fund Application for 2007/2008

January 26, 2008

Please see below information regarding a scholarship opportunity for woman from developing countries.

The Margaret McNamara Memorial Fund, is an outreach program of the World Bank Family Network.

The fund provides financial assistance to women from developing countries during Their studies in the United States or Canada. The MMMF annually awards about six to ten grants of approximately $11,000 each.

The application must be filled out online on our website at www.wbfn.org and click on OUTREACH.

For further information regarding the MMMF grant program, visit their website or contact them by email at mmmf@worldbank.org or at (202) 473-8751.

All questions should be directed to the World Bank Group at the contact info listed below.

The World Bank Group
Family Network
1818 H Street, NW
Washington DC 20433

Tel: (202) 473-8751
Fax: (202) 522 3142
Email: MMMF@worldbank.org

[Read more]

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FY 2009 H-1B Petitions Can Be Filed On April 1, 2008

January 26, 2008

Reminder: FY 2009 H-1B Petitions Can Be Filed On April 1, 2008

Clients Are Advised To Plan Ahead and Gather Necessary Supporting Documentation
_________________________________________________________

EXECUTIVE SUMMARY

Employers hoping to hire new employees in H-1B status for the 2009 fiscal year (FY 2009) that starts on October 1, 2008 are reminded that U.S. Citizenship and Immigration Services (USCIS) will start accepting such petitions on April 1, 2008. Given that last year, USCIS received so many petitions on the first day of the filing season that the agency utilized a lottery to determine which petitions would be processed, it is critical that all H-1B petitions for cap-subject foreign workers be submitted no later than April 1. Employers are therefore urged to plan ahead, gather the necessary supporting documentation, and consult with their immigration counsel as soon as possible about any FY 2009 H-1B filings.

_________________________________________________________

As of April 1, 2008, U.S. Citizenship and Immigration Services (USCIS) will begin to accept advance filings of H-1B cases for employment in Fiscal Year (FY) 2009, including cases falling under the 20,000 H-1B cap exemption for foreign nationals holding advanced degrees from U.S. universities. Both standard and advanced degree H-1B cases with employment start dates in FY 2009, which begins on October 1, 2008, may be filed up to six months before the date that the prospective employee is to begin work. For example, where employment is to begin on October 1, 2008, an H-1B petition may be filed as early as April 1, 2008.

Standard H-1B cases filed beginning on April 1 will count against the overall FY 2009 H-1B cap of 65,000. However, the standard H-1B cap is reduced by the U.S.-Chile and U.S.-Singapore Free Trade Agreements (FTAs), which set aside 6800 H-1B numbers for professionals from those two countries each fiscal year. In practical terms, therefore, just 58,200 H-1B numbers will be available in the standard H-1B pool for FY 2009, though some unused FTA visas from FY 2008 may be recaptured and later made available for FY 2009 employment. Advanced-degree cases will count against the 20,000 additional H-1B numbers made available pursuant to the provisions of the H-1B Visa Reform Act.

Rapid Cap Exhaustion Expected

The last several fiscal years have seen exhaustion of H-1B numbers at an increasingly fast pace.

•    In FY 2006, standard H-1B numbers were reached in just over four months, by August 10, 2005. Advanced degree numbers for FY 2006 were exhausted in approximately eight months.

•    In FY 2007, the standard H-1B cap was reached on May 26, 2006 – just eight weeks after the opening filing date of the fiscal year; advanced degree numbers were exhausted by July 26, 2006.

•    In FY 2008, USCIS received considerably more than 65,000 cap-subject H-1B petitions on April 2, 2007 (which was the first day petitions could be filed, since April 1 was a Sunday) and used a lottery to select which petitions would be processed. Advanced degree numbers were also used up rapidly and were exhausted by April 30, 2007.

Employers should begin their employment planning as soon as possible so that H-1B petitions for cap-subject employees can be prepared well in advance of April 1 and can be submitted to USCIS for receipt on that date.  Relevant documentation should be gathered and prepared as soon as practicable, including certified Labor Condition Applications (LCAs), copies of college or university degrees or transcripts, evaluations of foreign educational credentials, and certified translations of any foreign language documents. Note that prospective H-1B workers must already have been granted at least a U.S. Bachelor’s degree or equivalent at the time of filing.

However, even with timely filing on April 1 there is no guarantee that H-1B petitions filed with USCIS on April 1 will be processed if, like this past year, the agency receives more than enough petitions on that day to satisfy the annual H-1B cap.

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