Immigration Blog

Karen Pollak Offering U.S. Immigration Consultations in South Africa

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We all hear scary war stories of attempting to emigrate to the United States. From what one hears and reads, immigration to the United States is not for the faint hearted. However, a lot of misconceptions exist about this process. The secret to success in a smooth transition to moving to the United States, whether permanently or temporarily, is often just a mixture of understanding how the immigration process works and gaining knowledge on the best type of visa for you and your family.

Karen-Lee Pollak, shareholder and immigration practice chair of the AV rated U.S. law firm: Goins, Underkofler, Crawford & Langdon, LLP; will be in Johannesburg to conduct immigration consultations from 20 September to 03 October, 2010.

She will be providing consulting services at the law offices of Cyril Ziman & Associates, Inc., located at 43 Keyes Ave, Rosebank, Johannesburg. Please feel free to contact the local office at +27 11 880 9363 or contact Karen-Lee directly via email at karenp@gucl.com in order to schedule an appointment.

Immigration Attorney Hires South African PR Agency

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Rivonia-based PR agency, Glass Slipper Communications, has been appointed to assist United States-based immigration attorney Karen-Lee Pollak in her launch publicity requirements to the South African immigration market.

Effective August 2010, Glass Slipper has been working closely with Karen-Lee Pollak, Shareholder and Immigration Section Chair of AV rated U.S. law Firm Goins, Underkofler, Crawford & Langdon, LLP in formulating an effective educational and awareness-generating immigration campaign. This, with a drive to speak directly to corporate, as well as individual clients looking to obtain immigrant and non-immigrant visas, to live and work in the U.S.

The company provides expert legal advice regarding U.S. immigration law and represents a diverse range of clients seeking overseas entry, inclusive of: 

• Investors and entrepreneurs, professional workers; foreign or domestic businesses wishing to place employees in the U.S.; family members of current U.S. residents; students and diversity lottery recipients and religious workers

For further information; please contact Louise Churches directly: louise@glass-slipper.co.za.

Visa Bulletin for September 2010 | Immigration

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A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by August 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.

Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. The fiscal year 2010 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality  Act (INA) is 226,000.  The fiscal year 2010 limit for employment-based preference immigrants calculated under INA 201 is 150,657.  Section 202 prescribes that  the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 26,366 for  FY-2010.  The dependent area limit is set at 2%, or 7,533.

3.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:   Unmarried Sons and Daughters of Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A.  Spouses and Children:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B.  Unmarried Sons and Daughters (21 years of age or older):  23% of the overall second preference limitation.

Third:   Married Sons and Daughters of Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First:  Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:   Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:   Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".  

Fourth:   Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:   Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that  spouses and children of preference immigrants are entitled to the same  status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e)  apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES.

5.  On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); "C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

*NOTE:  For September, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN09.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT the DOMINICAN REPUBLIC and MEXICO with priority dates beginning 01JAN09 and earlier than 01JAN10.  (All 2A numbers provided for the DOMINICAN REPUBLIC AND MEXICO are exempt from the per-country limit; there are no 2A numbers for the DOMINICAN REPUBLIC AND MEXICO subject to per-country limit.)

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, 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.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This reduction has resulted in the DV-2010 annual limit being reduced to 50,000.   DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For September, immigrant numbers in the DV category are available to qualified
DV-2010 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2010 program ends as of September 30, 2010.  DV visas may not be issued to DV-2010 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2010 principals are only entitled to derivative DV status until September 30, 2010.  DV visa availability through the very end of FY-2010 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN OCTOBER

For October, immigrant numbers in the DV category are available to qualified DV-2011 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Immigration questions?  We have answers.  Free phone consultation available | 800-969-5529

H-1B & L-1 Fee Hikes Arrive

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On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014.  

These additional fees apply to petitioners who employ 50 or more employees in the United States with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status.  Petitioners meeting these criteria must submit the fee with an H-1B or L-1 petition filed:

• Initially to grant an alien nonimmigrant status described in subparagraph (H)(i)(b) or (L) of section 101(a)(15), or 
• To obtain authorization for an alien having such status to change employers. 

USCIS is in the process of revising the Petition for a Nonimmigrant Worker (Form I-129), and instructions to comply with Public Law 111-230. To facilitate implementation of Public Law 111-230, USCIS recommends that all H-1B, L-1A and L-1B petitioners, as part of the filing packet, include the new fee or a statement of other evidence outlining why this new fee does not apply.  USCIS requests that petitioners include a notation of whether the fee is required in bold capital letters at the top of the cover letter. Where USCIS does not receive such explanation and/or documentation with the initial filing, it may issue a Request for Evidence (RFE) to determine whether the petition is covered by the public law. An RFE may be required even if such evidence is submitted, if questions remain.

The additional fee, if applicable, is in addition to the base processing fee, the existing Fraud Prevention and Detection Fee, and any applicable American Competitiveness and Workforce Improvement Act of 1998 (ACWIA) fee, needed to file a petition for a Nonimmigrant Worker (Form I-129), as well as any premium processing fees, if applicable.

Immigration questions?  We have answers...Free phone consultation available | 800-969-5529

Immigration Attorney Scheduling Consultations in South Africa

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Karen will be in Johannesburg in mid-September and will be accepting immigration consultations from September 20, 2010 through October 3, 2010.  She will be providing consulting services at the law offices of Cyril Ziman & Associates, Inc., located at 43 Keyes Ave Rosebank Johannesburg 2196.  The telephone number there is 011-880-9363.  Please feel free to call the local number to schedule an appointment or you can email Karen directly at karenp@gucl.com. 

Please pass this information on to your friends and family who may be considering options to live and work in the United States. 

H-1B Visa Count (August 6, 2010)

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Here is the latest H-1B cap count released (August 6, 2010).  More information can be found at the USCIS H-1B Fiscal Year (FY) 2011 Cap Season Page.

Immigration Question of the Day | Differences Between H-1B & EB Visas

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I am a recent graduate F1 student, and I want to immigrate to the US. I have a master degree in business administration.

I wonder what type of employment immigration I should process. What are the differences between a H-1B and a EB visa (overview, processing time, procedure, requirements, advantages...)? Is there any salary base restrictions for employers to employ and sponsor me?

• Employment-Based Immigrant Visas—Working Permanently In The United States
• H-1B Specialty Occupation
• USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

Immigration question?  We have answers.  Free phone consultation available | 800-969-5529 

Immigration Question of the Day | What to Include in an I-601?

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What should I include for a I-601 letter as a brother in law who is a citizen?

You need to write a clear and detailed letter explaining each situation and circumstance that will cause “extreme hardship”. It is not enough to say that the US Citizen will feel sad or miss the fiancé/spouse – this is “normal” hardship. The details provided in the letter as well as the evidence/documentation are the key, vital issues in the waiver process. 

The best way to approach the hardship letter and evidence is to think about every aspect of how their life would change if they had to relocate permanently to their fiancé/spouses country. These arguments form the basis of the hardship letter. 
Extreme hardship can be demonstrated in many aspects of your life such as: 

HEALTH/MEDICAL - Ongoing or specialized treatment requirements for a physical or mental condition; availability and quality of such treatment in your fiancé/spouse’s country, anticipated duration of the treatment; whether a condition is chronic or acute, or long-or short-term. 

FINANCIAL CONSIDERATIONS - Future employability; loss due to sale of home or business or termination of a professional practice; decline in standard of living; ability to recoup short-term losses; cost of extraordinary needs such as special education or training for children; cost of care for family members (i.e., elderly and infirm parents). 

EDUCATION - Loss of opportunity for higher education; lower quality or limited scope of education options; disruption of current program; requirement to be educated in a foreign language or culture with ensuing loss of time for grade; availability of special requirements, such as training programs or internships in specific fields. 

PERSONAL CONSIDERATIONS - Close relatives in the United States; separation from spouse/children; ages of involved parties; length of residence and community ties in the United States. 

SPECIAL FACTORS - Cultural, language, religious, and ethnic obstacles; valid fears of persecution, physical harm, or injury; social ostracism or stigma; access to social institutions or structures. 

Any other situation that you feel may help you meet the burden of extreme hardship. 

Include as much legitimate, detailed evidence as possible. For example, personal letters from your doctor, nurses, therapists, medical records, prescription information, etc.

• Download I-601 (308KB PDF)
• Download Instructions for Completing Form I-601 (214KB PDF)
• Download Form G-1145, E-Notification of Application/Petition Acceptance USCIS - E-Notification of Application/Petition Acceptance (NaNKB PDF)

Immigration questions?  We have answers.  Free phone consultation available | 800-969-5529

Let's Talk Employment-Based Immigration Visas (EB Visas)

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As immigration lawyers, we get many questions about how to come live and work in the USA.  In order to receive an immigrant visa through employment, you must have a job offer from a U.S. employer, specific education and/or work experience and in some cases there must be no American willing or able to take that particular job.  Below are some answers to common questions we receive regarding the employment-based immigration visa topic.

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Q: How many types of employment-based immigration visas are available?

A: The Immigration and Nationality Act provides a yearly minimum of 140,000 employment-based immigrant visas, divided into five preference categories. They may require a labor certification from the U.S. Department of Labor ("DOL"), and the filing of a petition with the Bureau of Citizenship and Immigration Services (previously INS).

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Q: Who is considered Employment First Preference (E1)?

A: Priority workers receive 28.6 percent of the yearly worldwide limit. All priority workers must be the beneficiaries of an approved Form I- 140, Immigrant Petition for Foreign Worker, filed with the Bureau of Citizenship and Immigration Services (previously INS). Within this preference, there are three sub-groups:

1. Persons of extraordinary ability in the sciences, arts, education, business, or athletics. Applicants in this category must have extensive documentation showing sustained national or international acclaim and recognition in the field of expertise. Such applicants do not have to have a specific job offer, so long as they are entering the U.S. to continue work in the field in which they have extraordinary ability. Such applicants can file their own petition with the Bureau of Citizenship and Immigration Services (previously INS), rather than through an employer.
2. Outstanding professors and researchers with at least three years experience in teaching or research, who are recognized internationally. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the Bureau of Citizenship and Immigration Services (previously INS).
3. Certain executives and managers who have been employed at least one of the three preceding years by the overseas affiliate, parent, subsidiary, or branch of the U.S. employer. The applicant must be coming to work in a managerial or executive capacity. No labor certification is required for this classification, but the prospective employer must provide a job offer and file a petition with the Bureau of Citizenship and Immigration Services (previously INS).

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Q: Who is considered Employment Second Preference (E2)?

A: Professionals Holding Advanced Degrees, or Persons of Exceptional Ability in the Arts, Sciences, or Business receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First Preference visas. All Second Preference applicants must have a labor certification approved by the DOL, or Schedule A designation, or establish that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. A job offer is required, and the U.S. employer must file a petition on behalf of the applicant. Aliens may apply for exemption from the job offer and labor certification if the exemption would be in the national interest, in which case the alien may file the petition, Form I-140, along with evidence of the national interest. There are two subgroups within this category:

1. Professionals holding an advanced degree (beyond a baccalaureate degree), or a baccalaureate degree and at least five years progressive experience in the profession; and
2. Persons with exceptional ability in the arts, sciences, or business. Exceptional ability means having a degree of expertise significantly above that ordinarily encountered within the field.

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Q: Who is considered Employment Third Preference (E3)?

A: Skilled Workers, Professionals Holding Baccalaureate Degrees and Other Workers receive 28.6 percent of the yearly worldwide limit, plus any unused Employment First and Second Preference visas. All Third Preference applicants require an approved I-140 petition filed by the prospective employer. All such workers require a labor certification, or Schedule A designation, or evidence that they qualify for one of the shortage occupations in the Labor Market Information Pilot Program. There are three subgroups within this category:

1. Skilled workers are persons capable of performing a job requiring at least two years' training or experience
2. Professionals with a baccalaureate degree are members of a profession with at least a university bachelor's degree; and
3. Other workers are those persons capable of filling positions requiring less than two years' training or experience

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Q: Who is considered Employment Fourth Preference (E4)?

A: Special Immigrants receive 7.1 percent of the yearly worldwide limit. All such applicants must be the beneficiary of an approved I-360, Petition for Special Immigrant, except overseas employees of the U.S. Government (who must use Form DS-1884). There are six subgroups:

1. Religious workers coming to carry on the vocation of a minister of religion, or to work in a professional capacity in a religious vocation, or to work for a tax-exempt organization affiliated with a religious denomination
2. Certain overseas employees of the U.S. Government
3. Former employees of the Panama Canal Company
4. Retired employees of international organizations
5. Certain dependents of international organization employees
6. Certain members of the U.S. Armed Forces

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Q: Who is considered Employment Fifth Preference (E5)?

A: Employment Creation Investors receive 7.1 percent of the yearly worldwide limit. All applicants must file a Form I-526, Immigrant Petition by Alien Entrepreneur, with the Bureau of Citizenship and Immigration Services (previously INS). To qualify, an alien must invest between U.S. $500,000 and $1,000,000 (depending on the employment rate in the geographical area) in a commercial enterprise in the United States which creates at least 10 new full-time jobs for U.S. citizens, permanent resident aliens, or other lawful immigrants, not including the investor and his or her family.

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Immigration question?  We have answers.  Free phone consultation available 800-969-5529

Immigration GUCL Featured as Inbound Marketing University Case Study

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