On June 5th, 2014, it was announced that India's new Prime Minister, Narendra Modi, will have a bilateral meeting with the U.S. President Barack Obama in the last week of September this year. Among other things, it is a great opportunity for both leaders to discuss the long pending Bilateral Investment Treaty (BIT) between both the countries.

While investment treaty between India and the U.S. would provide important protections to U.S. investors in India, it will also certainly provide a great opportunity to the Indian businessmen to invest and establish businesses in the United States using E nonimmigrant visa. Both Washington and New Delhi want to embrace the idea of BIT but so far they have not been able to reach a common ground and gather political support.

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First, as many of our readers already know, a long-pending regulation has finally made it to the Federal Register. Soon, certain H-4 spouses will be able to work in the U.S. Other regulations have been published in the Federal Register to conform certain highly-technical legal nuances to "reality".  

Additionally, we are pleased about the liberalization of the rules of evidence for EB-1(2), Outstanding Researcher and Professor cases. Also, in an attempt to conform an obsolete and highly-technical rule to reality, H-1B1 and E-3 extension filings will be afforded an additional 240 days of work authorization while the extension applications are pending with the USCIS.  

Also, there was a new policy promulgated with regard to the submission of medical reports to the USCIS. Medical reports from the Civil Surgeon will be valid for one year from being signed and for one year after submission.

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"Secretary of Homeland Security Jeh Johnson today announced the process for individuals to renew enrollment in the Deferred Action for Childhood Arrivals (DACA) program. U.S. Citizenship and Immigration Services (USCIS) has submitted to the Federal Register an updated form to allow individuals previously enrolled in DACA, to renew their deferral for a period of two years.  

At the direction of the Secretary, effective immediately, USCIS will begin accepting renewal requests. USCIS will also continue to accept requests for DACA from individuals who have not previously sought to access the program. As of April 2014, more than 560,000 individuals have received DACA.

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Earlier this month, CBP released information on automated passport control at U.S borders. Automated Passport Control (APC) is a U.S. Customs and Border Protection (CBP) program that expedites the entry process for U.S., Canadian and eligible Visa Waiver Program international travelers by providing an automated process through CBP's Primary Inspection area using self-service kiosks to submit declaration forms and biographic information.

FOR DETAILED INFORMATION ON THE APC PROCESS AND LOCATIONS OF APC KIOSKS, PLEASE CLICK HERE . . . 

The Department of State has released its July 2014 Visa Bulletin. The Philippines EB-3 jumped again. It is now into 2009, which is a two year jump in the last two months.  

Good news for India EB-2. India EB-2 also moved forward. It progressed four years to September 2008. However, the wait-times are still significant and we continue to monitor CIR as an alternative here. Consider whether you or your spouse has a good EB-1 case. As we handle many EB-1 cases, please feel free to contact us for a quick evaluation.  

The Chinese EB-3 number remains at October 2006. Other EB-3s did not advance or retrogress. It remains at April 2011. It is not likely to progress until October, the beginning of the fiscal year. 

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Effective immediately, the Department is ending the Recruitment and Advertisement Exemption for employers wishing to hire international students who have graduated from recognized Canadian post-secondary institutions and whose Post-Graduate Work Permit (PGWP) is expiring. Employers submitting a labour market opinion (LMO) to hire an individual transitioning from the PGWP must now ensure that they meet all of the Program requirements for the applicable stream:

TO READ MORE ON "REQUIREMENTS OF HIGHER AND LOWER SKILLED OCCUPATION", PLEASE CLICK HERE . . . 

The North American Free Trade Agreement, otherwise known as "NAFTA," is a treaty which allows Americans, Canadians, and Mexicans to work temporarily in one of these three countries for certain jobs or occupations listed under NAFTA. Going into the U.S.A., a person applies to secure what is called a "TN visa."  The equivalent visa on the Canadian side is more commonly referred to as a "Work Permit under NAFTA."

A foreign national can easily apply for the TN Visa, under NAFTA, at any Point of Entry (i.e. Airport or Land Border). Nonetheless, sufficient time and energy is required for a successful NAFTA application. As a Canadian citizen who came to work for a law firm in the U.S.A., I have personal experience with the preparation and obtaining of a TN visa.   

Furthermore, as part of my internship at CLG, I have also assisted in the preparation of these work permit applications.  I know first-hand the importance of completing the NAFTA application package with great care and detail.