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The Karim Law Immigration Blog

Here you will find all your United States immigration-related opinions by the Karim Law team, articles/news from other sources, and information relevant to the most pressing topics in the field of immigration law.

Karim Law Immigration Blog

Today's Q and A: Fiancé(e) Visas (K-1).

3/23/2015

 

Today's Q and A: Fiancé(e) Visas (K-1). 

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1) 
Q: What is a K-1 fiancé(e) visa?

A: K-1 Visa is for foreign nationals coming to the United States to marry American citizens and reside in the U.S. 

2)
Q: What are the steps required to apply for a K-1 fiancé(e) visa?

A: 1) File a petition. 2) Upon approval of your petition, apply for a visa. 

 Important points:
  • It is important to show that you are a U.S. Citizen sponsoring your fiancé(e) - the individual you will be married to within 90 days of your fiancé(e)'s arrival in the United States once the visa is issued.
  • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver: 1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice. 2. If you prove that the requirement to meet would result in extreme hardship to you.
  • If either the U.S. Citizen (the petitioner) or the fiancé(e) has a criminal history, it is important to seek the advice of an immigration attorney. USCIS takes criminal history into account, hence it is important to speak with a licensed immigration attorney. 
3)
Q: What are some of the required documents to be accompanied with your petition?

A: It is very important that you seek the help of an immigration attorney in preparing the necessary documents to accompany your petition. 

Some of the required documents include: a valid passport, birth certificate, divorce(s) or death certificate of any previous spouse(s), police certificates from your present country of residence and all countries where you have lived for six months or more since the age 16, medical examination, evidence of financial support, evidence of relationship, required payment fees and two (2x2) 
photographs. 

4)
Q: Who should file the petition?

A: The U.S. Citizen who is sponsoring the fiancé(e) must file the I-129F, Petition for Alien Fiancé(e). It is advisable to work with a licensed immigration attorney when beginning in this process. 

5)
Q: Can my fiancé(e) work after admission?

A: Yes, he/she can do this by filing a I-765, application for employment authorization. Seek the help of an immigration attorney who can answer all your questions and help charter the appropriate course to adjust status (to become a legal permanent resident) once your visa has been issued and you have, indeed, married within the 90 days. 

Congratulations!

If you have questions either, as the petitioner or as a fiancé(e), make sure to contact us here or call +1 (480) 626 0641. It is critical that when you apply for this visa that you have a team with the right experience and the acumen necessary to plan accordingly. We also urge you to avoid scams and hire a licensed immigration attorney.

H1-B Visa Lottery and Cap Q and A for FY April 1st 2015 season.

3/22/2015

 

H1-B Visa Lottery and Cap Q and A for FY April 1st 2015 season. 

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1) 
Q: How many cap-subject H1-B visas are available for those using bachelor's degree?

A: 65,000 are available. 

2) 
Q: Are all of the nonimmigrant visa subject to the 65,000 allotted every year?

A: No, 6,800 are set aside from the 65,000 each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore free trade agreements.

3)
Q: What about those with master's degree (foreign national)?

A: 20,000 are available.

4)
Q: How many H1-B visas are filed each year?

A: This year, we expect close to 150,00 to be filed. This is why it is important to hire a licensed immigration attorney to prudently plan as soon as possible as April 1st arrives. 

5) 
Q: What are the critical components of a H1-B petition you should have filed with your immigration attorney?

A: It is critical that you sit with your immigration attorney and go through each of the required documents step by step. There is a procedure and strict requirements by USCIS on how to submit these documents. An immigration attorney who knows how to submit your H1-B package properly is important to ensure that your chances are higher.

You can find the list here. 

If you have questions either, as an employer or an employee, make sure to contact us here or call +1 (480) 626 0641. It is critical that when you file your H1-B package that you have a team with the right experience and the acumen necessary to plan accordingly. We also urge you to avoid scams and hire a licensed immigration attorney.

USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

3/12/2015

 

USCIS Will Accept H-1B Petitions for Fiscal Year 2016 Beginning April 1, 2015

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WASHINGTON – On April 1, 2015, U.S. Citizenship and Immigration Services (USCIS) will begin accepting H-1B petitions subject to the fiscal year (FY) 2016 cap. U.S. businesses use the H-1B program to employ foreign workers in occupations that require highly specialized knowledge in fields such as science, engineering and computer programming.

The congressionally mandated cap on H-1B visas for FY 2016 is 65,000. The first 20,000 H-1B petitions filed for individuals with a U.S. master’s degree or higher are exempt from the 65,000 cap.


USCIS expects to receive more petitions than the H-1B cap during the first five business days of this year’s program. The agency will monitor the number of petitions received and notify the public when the H-1B cap has been met. If USCIS receives an excess of petitions during the first five business days, the agency will use a lottery system to randomly select the number of petitions required to meet the cap. USCIS will reject all unselected petitions that are subject to the cap as well as any petitions received after the cap has closed. USCIS used the lottery for the FY 2015 program last April.

For more information visit the USCIS website here.

Visit our H1-B Visa blog post on H1B visa requirements.

Visit our H1B application process blog post here.

Please contact us, (+1) 480-626-0641, if you are planning on coming to the United States on H1B Visa or need assistance in the process. It's important that a licensed attorney handle your H1-B matters. Our friendly and personable team has many years of experience and will be happy to assist you through this process.

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

3/3/2015

 

DHS Extends Eligibility for Employment Authorization to Certain H-4 Dependent Spouses of H-1B Nonimmigrants Seeking Employment-Based Lawful Permanent Residence

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Finalizing the H-4 employment eligibility was an important element of the immigration executive actions President Obama announced in November 2014. Extending eligibility for employment authorization to certain H-4 dependent spouses of H-1B nonimmigrants is one of several initiatives underway to modernize, improve and clarify visa programs to grow the U.S. economy and create jobs. 

Eligible individuals include certain H-4 dependent spouses of H-1B nonimmigrants who: 

  • Are the principal beneficiaries of an approved Form I-140, Immigrant Petition for Alien Worker; or 
  • Have been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act. The Act permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

Under the rule, eligible H-4 dependent spouses must file Form I-765, Application for Employment Authorization, with supporting evidence and the required $380 fee in order to obtain employment authorization and receive a Form I-766, Employment Authorization Document (EAD). USCIS will begin accepting applications on May 26, 2015. Once USCIS approves the Form I-765 and the H-4 dependent spouse receives an EAD, he or she may begin working in the United States.

For more information, visit:
http://www.uscis.gov/news/dhs-extends-eligibility-employment-authorization-certain-h-4-dependent-spouses-h-1b-nonimmigrants-seeking-employment-based-lawful-permanent-residence

Hire an experienced immigration lawyer, a licensed attorney, to prepare and file any of your immigration needs. Our friendly and personable team has many years of experience and will be happy to assist you with your case. We are here to help you! Call +1 (480)-626-0641 or fill out our online Contact Us form here. 

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