 Immigration Law Update
May 2010 |
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| Greetings! | |
Welcome to the May edition of our Immigration Law Update. The U.S. immigration authorities have been very busy, implementing higher visa fees and re-designing the U.S. "Green Card." Globally, a number of countries have also recently enacted new immigration legislation or updated processes. And in honor of the U.S. Memorial Day holiday, we've included tax guidance for military personnel in this month's Tax Tip.
Wishing all those in military service, readers in the U.S. and U.S. citizens abroad a meaningful and reflective Memorial Day. |
| New Higher Visa Fees as of June 4, 2010 |
On May 20, 2010, the Department of State (DOS) published an interim final rule in the Federal Register to increase nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, as well as other fees. The new fees, now in a tiered fee structure, are scheduled to go into effect on June 4, 2010.
Under the new schedule of fees, applicants will have to pay the following:
For all visas that are not petition-based, the fee is $140.
These visas include:
- B1/B2 tourist and business visitor visas
- all student and exchange visitor (F, M and J) visas
For petition-based visas, the application fee is $150.
These categories include: - H visa for temporary workers and trainees - L visa for intracompany transferees - O visa for aliens with extraordinary ability - P visa for athletes, artists and entertainers - Q visa for international cultural exchange visitors - R visa for religious occupations For E visas for treaty-traders and treaty-investors, the fee is $390. For K visas for fiancé(e)s of U.S. citizens, the fee is $350. These nonimmigrant visa application processing fees are non-refundable. For more information, you can check the DOS website or contact us with any questions. |
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| Green I-94W Paper Arrival/Departure Form to be Eliminated |
On May 20, 2010 Department of Homeland Security Secretary Janet Napolitano announced the elimination of the paper arrival/departure Form I-94W for authorized travelers from nations participating in the Visa Waiver Program (VWP).
The use of the green I-94W forms will be eliminated at all airports in the United States by the end of the summer for VWP travelers arriving in the U.S. with an approved Electronic System for Travel Authorization (ESTA). Customs and Border Protection will activate automated processing for U.S. airports on a rolling basis over the next several months.
VWP Travelers should make sure to have an approved ESTA before traveling to the U.S. and to keep a copy of this approval for their records in case any problems arise in transferring to the completely automated system. |
| New Redesigned Green Card Implemented |
On May 11, 2010, the U.S. Citizenship and Immigration Service (USCIS) announced the redesign of the Permanent Resident Card (green card). Effective immediately, the new "Green Card", which will now actually be a green color, will incorporate new security features and state-of-the-art technology to prevent counterfeiting, obstruct tampering, and facilitate quick and accurate authentication.
The new security features include: secure optical media to store biometrics for rapid and reliable identification of the card holder; holographic images, laser engraved fingerprints, and high resolution micro-images to make the card nearly impossible to reproduce; and tighter integration of the card design with personalized elements to make it difficult to alter the card if stolen. In addition, Radio Frequency Identification (RFID) capability will allow Customs and Border Protection officers at ports of entry to read the card from a distance and compare it immediately to file data. The card will also include a preprinted return address to enable the easy return of a lost card to USCIS.
For previously-issued permanent residence cards in circulation, USCIS will replace these as individuals apply for renewal or replacement.
For more information and a look at the new cards, see the USCIS press release. |
| H-1B Update |
As of May 21, 2010, the USCIS had received approximately 19,600 H-1B cap-subject petitions and 8,200 H-1B petitions for aliens with advanced degrees. The annual cap on the H-1B category is 65,000. |
| Tax Tip - This Month: Tax Guidance for Military Personnel; FBAR Reminder |
Report of Foreign Bank and Financial Accounts (FBAR) due June 30
U.S. citizens, permanent residents and tax residents are reminded to complete the FBAR by June 30 if they own or assert any control over a foreign financial account, including a bank account, brokerage account, mutual fund or other type of financial account, if the aggregate value of all foreign financial accounts exceeds $10,000 at any time during the calendar year.
You must file Form TD F 90-22.1, Report of Foreign Bank and Financial Accounts (FBAR) with the Department of Treasury at: P.O. Box 32621, Detroit, MI 48232-0621. The form is not filed together with your tax return and it is considered filed on the day it is received, not on the date it is postmarked.
Tax Guidance for Military Personnel
The tax laws provide special benefits for active members of the U.S. Armed Forces, including those serving in combat zones. For example, members serving in combat zones can receive certain military pay exclusions, such as for
- Active duty pay earned in any month served in a combat zone.
- Imminent danger/hostile fire pay and military pay earned while hospitalized as a result of wounds, disease or injury incurred in the combat zone.
- A reenlistment bonus if the voluntary extension or reenlistment occurs in a month served in combat zone.
- Pay for accrued leave earned in any month served in combat zone. (The Department of Defense must determine that the unused leave was earned during that period.)
- Pay received for duties as a member of the Armed Forces in clubs, messes, post and station theaters and other non-appropriated fund activities earned in a month served in a combat zone.
- Awards received for suggestions, inventions or scientific achievements because of a submission made in a month in a combat zone.
Active members also receive extensions of deadlines for filing tax returns. For example, the IRS automatically extends the deadline for filing tax returns, paying taxes, filing claims for refund and taking other actions related to federal income tax for U.S. Armed Forces personnel serving in a combat zone. The deadline for filing returns, making payments or taking any other action with the IRS is extended for at least 180 days after:
- The last day of qualifying combat zone service, or
- The last day of any continuous qualified hospitalization for injury from service in the combat zone.
A combat zone is any area the President of the United States designates by Executive Order as an area in which the U.S. Armed Forces are engaging or have engaged in combat. Check here for a list of combat zones.
For federal tax purposes, the U.S. Armed Forces includes officers and enlisted personnel in all regular and reserve units controlled by the Secretaries of Defense, the Army, Navy and Air Force. The Coast Guard is also included, but not the U.S. Merchant Marine or the American Red Cross. However, these and other support personnel may qualify for certain tax deadline extensions because of their service in a combat zone.
The IRS' Publication 3, Armed Forces' Tax Guide provides more in-depth information on issues that may affect members of the military. The IRS also has a helpful audio podcast on its website discussing tax assistance for armed services.
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| Global Update |
 New Birth Certificate Law in Puerto Rico
The government of Puerto Rico has enacted a new law (Law 191 of 2009) aimed at strengthening the issuance and usage of birth certificates to combat fraud and protect the identity and credit of all people born in Puerto Rico.
The new law was based on collaboration with the U.S. Department of State and the U.S. Department of Homeland Security to address the fraudulent use of Puerto Rico-issued birth certificates to unlawfully obtain U.S. passports, Social Security benefits, and other federal services. Under the new law, all Puerto Rico birth certificates issued before July 1, 2010, will be invalidated so that new, more secure certificates can be issued. Until that date, all birth certificates will remain valid.
Applications to receive the new birth certificate are now being accepted on-line at www.pr.gov. However, the government suggests that only people who have a pressing need for their birth certificate for official purposes should request a new birth certificate right away. Puerto Rican-born individuals living in the U.S. will be able to request and receive their new birth certificates by mail. The fee is $5 (waived for people over 60 and for veterans). For more information on the new law, visit http://www.prfaa.com/birthcertificates/
Australian Government Temporarily Suspends Certain Visa Applications
The Australian Government has decided to temporarily suspend the acceptance of certain General Skilled Migration (GSM) visa applications. The amount of pending applications has steadily increased, and the demand for these spots has exceeded the supply. This temporary measure began on May 8, 2010 and is expected to remain in effect until June 30, 2010.
The temporary suspension applies only to primary (main) applicants for the following visa subclasses:
Subclass 175 - Skilled Independent (Migrant) visa
Subclass 176 - Skilled Sponsored (Migrant) visa
Subclass 475 - Skilled Regional Sponsored (Provisional) visa
During the suspension, visa applications for these classes will not be accepted, and if filed, will be returned as invalid. The Australian government has put out a fact sheet with more information.
New Immigration System in Mexico
In April, the Mexican government issued new visa rules in a "Manual of Immigration Criteria and Proceedings." The manual introduces new national immigration criteria and policies which apply as of April 30, 2010 to applications and proceedings before the National Immigration Institute ("Instituto Nacional de Migración"). These new processes and applications include new migratory forms for non-immigrants and immigrants and a new Multiple Migratory Form for tourists, transmigrants and business travelers. In addition, immigration services will be computerized into a new Electronic Migration System ("Sistema Electrónico de Trámites Migratorios"). More information can be found on the National Immigration Institute website at http://www.inm.gob.mx/EN/index.php
Switzerland Releases More Permit Quotas
The Swiss government has announced the release of new federal quotas for the period July through December 2010 for foreign nationals employed or on assignment in Switzerland. An additional 4500 spaces have been released for "L" short-term permits (issued for a period up to one year) and an additional 1000 spaces have been approved for "B" long term permits. Accordingly, the total quota made available for 2010 is 8000 for L permits and 3000 for B permits. The quotas are applicable only to first-time applicants, not extensions, and applicable to non-EU nationals.
For more information, feel free to contact us with any questions. |
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Please feel free to forward this newsletter to others who may have an interest in these topics. You can also browse past newsletters. If you have any questions, comments or suggestions, please e-mail me at mlh@consular-consulting.com.
Sincerely,
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Magdale Labbe Henke
Attorney-at-Law (U.S.) and
Solicitor of England and Wales (non-practising)
Principal, MLH Consular Consulting
This newsletter is provided for informational purposes only and should not be construed in any way as legal advice. |
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