Effective September 8, 2010, foreign nationals visiting the United States under the Visa Waiver Program (VWP) will be required to pay a fee of $14 once they submit an application for travel approval through the Electronic System for Travel Authorization (ESTA). The U.S. Customs and Border Protection (CBP) declared this interim final rule in order to stimulate tourism to the United States and cover processing fees. $10 of the fee funds U.S. tourism marketing efforts and the remaining $4 covers administrative expenses. The new ESTA fee applies to all 36 countries under the VWP. Individuals that received ESTA authorization before September 8 are not required to pay the fee until their authorization expires.

ESTA is an automated web-based system used to determine the preliminary eligibility of visitors that travel to the United States under the VWP. ESTA applications may be submitted...

U.S. Citizenship and Immigration Services has proposed the Form I-912 or a request for an individual fee waiver. The standardized fee waiver form is the first of its kind and is intended to provide relief to individuals that are financially unable to seek immigration benefits. The Form I-912 was published in response to public concern and confusion over the criteria to file for a fee waiver. USCIS collaborated with stakeholders and the public while developing this form. Now they are requesting feedback and comments on the Form I-912 from the public until September 13, 2010.

Form highlights include:

The form will standardize the fee waiver request process and bring consistency to it by providing clear criteria to the applicant. The form proposes clear-cut documentation and evidentiary requirements. “For example if an applicant can show that he/she has received a means-tested benefit in the last 6 months and has evidence to document this claim, he/she does not need to submit further evidence.”...

President Obama recently approved emergency funding worth $600 million to enhance the security along the Southwest border, which will be funded by increased H-1B and L-1 visa fees. Specifically, H.R. 6080 requires employers with 50+ employees and more than 50% of their U.S.-based work force on H-1B or L-1 visas to pay approximately $2,000 more per visa application in fraud prevention and detection fees. An attorney will review the latest happenings, explain who is affected, and cover strategies on how to lower your H-1B/L-1 headcount and/or decrease the number of H-1B renewals needed in the long term during VISANOW’s webcast on August 24th at 11 a.m. CT (30 minute duration). 

Increased H-1B/L-1 Fraud Prevention and Detection Fees: What it Means and Your Options Tuesday, August 24, 2010 11:00 a.m. CT 

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The Indian government has issued new guidelines in regards to the application and eligibility for employment and business visas. The new criteria outlines the eligibility, quota, salary level and validity period for employment and business visas. 

VISANOW is closely monitoring the implementation of these new guidelines. Please contact VISANOW or your immigration services provider for any questions. 

Employment Visa

 Information Technology Services

Foreign national requirements for this sector are not affected by the new guidelines. No limit on the number of employed foreign nationals. Salary of foreign national must be more than $25,000 per year.  Non IT-Sectors

Limit on the number of highly skilled foreign nationals a company can sponsor is 1% of their total staff or a maximum of 20 foreign nationals, whichever is less....

Last week, President Obama approved emergency funding worth $600 million to increase security along the Southwest border including 1,500 additional border agents and enhanced new technology. The legislation will not impact the federal budget, but will be funded by increased H-1B and L-1 visa fees. Specifically, the legislation will require employers with 50+ employees and more than 50% of their U.S.-based work force on H-1B or L-1 visas to pay approximately $2,000 more per visa application in fraud prevention and detection fees. While the language of the bill states that it goes into effect “immediately” and expires September 30, 2014, the USCIS website has not been updated to reflect change in filing fees as of yet.

If you employ more than 50 employees in the U.S. and more than 50% of your U.S. employees hold L or H-1B status, contact your immigration...

Back in the early 80's the Supreme Court (Plyler v. Doe) ruled in favor of allowing undocumented students the right to attend school up to the 12th grade. What about after 12th grade you ask? This is where the DREAM act comes into play. The DREAM Act stands for Development, Relief and Education for Alien Minors Enforcement. The DREAM Act was first introduced to the U.S. Senate and the House of Representatives on March 26, 2009, and thereafter several forms of the bill have been reintroduced.

Recently, Senate Majority Leader Harry Reid has made it clear that when Comprehensive Immigration Reform (CIR) advocates advise him that CIR is dead for the year, he will begin to push the DREAM Act as a standalone initiative, separate from CIR. Reid told reporters that he plans to push immigration reform legislation this fall in a comprehensive way, and that if there is not support for a broader package, he would “take...

As Arizona’s SB 1070 battle continues, Florida is looking to throw its hat into the ring with a bill modeled after Arizona’s that goes one step beyond. On Wednesday, August 11 Florida Attorney General Bill McCollum, current Republican candidate for governor, unveiled a proposal he hopes “will provide new enforcement tools for protecting our citizens and will help our state fight the ongoing problems created by illegal immigration”.

Similar to Arizona’s law, the proposed bill 1) requires law officials to check the status of a suspected illegal immigrant during a lawful stop, 2) requires immigrants to carry documentation of their valid status, facing a misdemeanor if they fail to do so that could result in up to 20 days in jail for the first offense, 3) and makes it a misdemeanor for an illegal alien to seek a job. In addition, the proposed law goes beyond Arizona’s SB 1070 by allowing judges to specifically consider...

The USCIS updated and improved their current website in order to improve customer service and satisfaction. The new website contains web features designed to expand access to a user’s case information. Some of the enhancements include a new web-based inquiry tool and personalized case status information. In addition, USCIS now offers features geared toward Spanish-speaking customers on USCIS.gov/espanol.

The USCIS has also made a commitment to respond within 15 days of receiving the electronic inquiry, instead of the previous timeframe of 30 days. Over time the USCIS expects to improve the online inquiry tool to include even more form types.

 USCIS Website Enhancements include:

Online Inquiry Tool for Select Forms: Customers are now able to submit an online inquiry to request a status update if their Application to Replace Permanent Resident Card...

Tempers continue to flare across the U.S. as states look for the federal government to address the illegal immigration issue.  On Monday, August 2, 2010 Virginia Attorney General Ken Cuccinelli published a legal opinion allowing law officials to check the immigration status of any person stopped for any reason.  Before this new opinion, such a right to check status was permitted after arrest only.  As Attorney General Cuccinelli must publish opinions at the request of law makers, and this legal opinion came at the request of Republican Virginia Delegate Robert Marshall. 

This move from Virginia comes right after federal Judge Susan Bolton blocked similar sections of the Arizona immigration law (SB1070) on July 28, specifically the provision requiring police officers to "make a reasonable...

Illegal immigration and enforcement has come into the national limelight with Arizona’s controversial SB 1070 bill taking effect, the nine me-too states/cities trying to adopt similar legislation, and the multitude of lawsuits meant to halt it. We believed the spotlight on Arizona’s “ill-conceived” immigration law would help the CIR cause by amplifying the pressure on Congress, however the “next 30 days” timeframe for action that I quoted back in April has long come and gone and CIR is in the same place today as it was a few months ago. Even with a milestone speech from President Obama, actual progress towards comprehensive immigration reform (CIR) is stagnant.

 

Although the SB 1070 was severely weakened with Judge Bolton blocking the most controversial parts of the law, we fully expect Gov. Jan Brewer to counteract. Without a doubt the case will reach the...