Watson Law Offices Newsletter
January 2013
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Blog Series: The H-1B Cap
| |  Once again we begin to gear up for the annual insanity that is the H-1B, Temporary Professional visa process. I call it the silly season, because this is a self-inflicted wound that we intentionally impose on ourselves all in the name of "protecting" the US labor market. Restricting access to educated, hard working intelligent workers cripples the US economy, and it has the consequence of the US denying itself one of the most valuable and prized resources in the world; a resource that other countries are desperately seeking. Few aspects of our broken immigration system better illustrate how dysfunctional it has become than the H-1B Cap.
So, what is this self-inflicted injury? How did it come about and how does this system work? Many resources on the internet just explain how to apply for an H-1B and what rules you need to follow to get one, but I want to answer these questions and explain exactly how we ended up in the system we have today. Over the next few weeks, I will be sharing a series of blog posts on this topic. This post is the first of four. Check back each week for a new post on the H-1B process.
Continue reading. |
February 2013 Visa Bulletin
| |  The U.S. Department of State has published the latest Visa Availability dates for February 2013.
In February, EB-2 Worldwide, Mexico, and the Philippines remain Current. EB-2 China advances into 2008. EB-2 India has not advanced.
Watson Law Offices Summary of the February 2013 Visa Bulletin |
New Provisional Waiver Process Effective March 4, 2013
| |  USCIS Posts Final Rule on Provisional Waiver for Immediate Relatives of U.S. Citizens
On January 2, 2013, USCIS announced that the new Provisional Waiver for immediate relatives of U.S. Citizens will go into effect on March 4, 2013.
The Provisional Waiver process, which was first introduced in April 2012, allows certain immediate relatives of U.S. Citizens to apply for a Waiver of Inadmissibility ("Hardship Waiver") without leaving the United States.
The new process would only apply to immediate relatives (spouses, children, and parents) of U.S. Citizens who are subject to the three or ten year bars. Many may be eligible for Waivers of Inadmissibility, but cannot apply for the Waiver until they have already left the U.S. and their U.S. Citizen family members.
The current system separates families for months, and sometimes years. The new process would allow these relatives to file for Waivers of Inadmissibility prior to leaving the U.S., rather than waiting until they are already abroad. This would significantly shorten the period in which U.S. Citizens must be separated from their immediate relatives.
Although this new process will help many people obtain legal status in the U.S., it is important to note that obtaining a Waiver of Inadmissibility will remain a very complicated process that requires a significant amount of evidence to prove that the hardship to the U.S. Citizen relative is substantial.
Right now, it is not clear exactly how the new process will be implemented, but more information will be made available throughout the next few weeks, according to USCIS. The agency previously added this section of their website to explain their proposed changes. They will also be implementing a new form for the application, Form I-601A Application for a Provisional Unlawful Presence Waiver.
If you believe that the new process may help you or your relative, please contact our office to discuss your options.
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Question of the Month
| | At Watson Law Offices, many of our clients ask us questions that we immediately know the answer to - because we've answered them before! Immigration is complicated and everyone's case is different, but there are some questions that come up all the time. In an effort to keep our readers informed and answer any common questions that they may have, we're starting a "Question of the Month" section for our newsletter.
If you have a question you'd like answered in our newsletter, please email it to us and we'll try to answer it here.
Question: The visa stamp in my passport is expiring soon. Does this mean I need to leave the country?
Answer: Not necessarily.
The purpose of the visa stamp in your passport is to allow you to travel into the United States. Without it, you would not be able to enter the country from abroad.
When you come into the U.S., you are inspected by a CBP officer at the port of entry. He or she looks at your visa stamp to determine what classification you are entering under and how long you are allowed to remain in the U.S.
The CBP officer will stamp your passport and give you a small white card, known as an I-94 card. This card shows you how long you can stay in the U.S. For most visas, the CBP officer will write in the date you are required to leave on the I-94 card. If you are entering on an F or a J visa, the CBP officer will write "D/S," which stands for "Duration of Status" and means you need to leave when your program is over.
The date on your I-94 card isn't always the expiration date on your visa stamp either. For some visas - like a B - you may not be allowed to stay until the date on your visa stamp. You may only be issued an I-94 card for a certain amount of time. For others - like an H - you may be admitted for longer because you have already extended your stay in the U.S.
If the visa stamp in your passport is expiring soon, don't panic! You may still be able to stay in the U.S. Double check the date on your I-94 card, and if you have any questions about the specific details of your case, contact your immigration attorney. Keep in mind, however, that if you travel outside of the U.S. with an expired visa stamp, you will not be able to come back until you have obtained a new one.
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This is an effort on our part to reach out to our larger community of friends, colleagues, current and former clients and anyone interested in Immigration Law. We expect there will be a strong push to make changes to existing Immigration Laws in the coming months and years, and we will try to keep our subscribers informed not only as to what changes are taking place, but how they are likely to impact everyone.
We welcome your input on what we should include, and how we should present this information. Please let us know what you think and what you would like to see. Also, please share this email with anyone whom you think would be interested in and benefit from this information.
THANK YOU!
Sincerely,
ROY J. WATSON, JR.
Watson Law Offices
142 Great Road
Bedford, MA 01730
rjw@watson-law.com
(781)533-7700 |
The information you obtain in this newsletter is not, nor is it intended to be, legal advice, and persons receiving this information should not act on it without consulting professional legal counsel. We invite you to contact us and welcome your calls, letters and electronic mail.
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