Revised Residence Form -- Non-US Citizens
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Clarification of Nonimmigrant Visa Status
WGIUPD GENERAL INFORMATION SYSTEM 02/10/04 DIVISION: Office of Medicaid Management PAGE 1 GIS 04 MA/002 TO: Local District Commissioners, Medicaid Directors FROM: Kathryn Kuhmerker, Deputy Commissioner Office of Medicaid Management SUBJECT: Clarification of Nonimmigrant Visa Status EFFECTIVE DATE: Immediately CONTACT PERSON: Local District Support Unit Upstate (518) 474-8216 NYC (212) 268-6855 The purpose of this GIS message is to clarify nonimmigrant visa status. This GIS message supersedes GIS 03 MA/005 issued 02/24/03. As explained below, nonimmigrants who hold a K, S, U or V visa are to be considered as “permanently residing in the United States under color of law” (PRUCOL) and, if otherwise eligible, may receive Medicaid, Family Health Plus (FHPlus) and Child Health Plus A (CHPlus A). However, holders of other nonimmigrant visas that are issued to persons in the United States on a temporary basis only are eligible for Medicaid only for the treatment of an emergency medical condition. There have been several new visa categories issued by the United States Citizenship and Immigration Services (USCIS) [formerly the Immigration and Naturalization Services (INS) and the Bureau of Citizenship and Immigration Services (BCIS)] over the past several years. Some categories of nonimmigrant status allow the status (visa) holder to work and eventually adjust to Lawful Permanent Residence (LPR). These categories allow the individual to apply for adjustment to LPR status after he or she has had the nonimmigrant status for a period of time. Such statuses include, for example: K status: For the spouse, child, or fiancé (e) of a U.S. -
Fighting and Winning Rfes: Resources and Tips for Crafting a Winning Response by Protima Daryanani, Richard Yemm, and Dan Berger
Fighting and Winning RFEs: Resources and Tips for Crafting a Winning Response by Protima Daryanani, Richard Yemm, and Dan Berger Protima Daryanani is the Managing Partner at Daryanani Law Group, PC in New York City. A graduate of Brown University and the Emory University School of Law, she has practiced immigration law for over twenty years, representing clients working in entertainment, architecture, the arts, fashion, and design. She is admitted to the State Bar of New York and is an active member of the American Immigration Lawyers Association. As an expert in immigration for the arts and entertainment communities, she has spoken on immigration law panels for the American Bar Association, Volunteer Lawyers for the Arts, and the Rome District Chapter of AILA. Richard Yemm is a Partner in the Los Angeles office of Wolfsdorf Rosenthal LLP. He is certified by the California State Bar as an Immigration and Nationality Law Specialist. Having graduated with honors from the University of Exeter School of Law in the United Kingdom, he prepares and assists clients with a wide range of diverse cases including entertainment, investor, business and marriage/family-based nonimmigrant and immigrant visa petitions, in addition to applications for U.S. citizenship and assisting with corporate I-9 compliance audits. He previously served on the AILA CBP national committee and as the CBP Liaison for the Southern California Chapter of AILA. Dan Berger is a Partner at the immigration law firm of Curran, Berger & Kludt in Northampton, MA. He is a founding member of the US Alliance of International Entrepreneurs (usaie.org), an Honorary Fellow of the American Academy of Adoption Attorneys, on the Legal Advisory Board of the Presidents’ Alliance on Immigration & Higher Education (www. -
Form I-129, Petition for Nonimmigrant Worker
Petition for a Nonimmigrant Worker USCIS Form I-129 Department of Homeland Security OMB No. 1615-0009 U.S. Citizenship and Immigration Services Expires 09/30/2021 Receipt Partial Approval (explain) Action Block For USCIS Use Only Class: Classification Approved No. of Workers: Consulate/POE/PFI Notified Job Code: At: Validity Dates: From: Extension Granted To: COS/Extension Granted ► START HERE - Type or print in black ink. Part 1. Petitioner Information If you are an individual filing this petition, complete Item Number 1. If you are a company or an organization filing this petition, complete Item Number 2. 1. Legal Name of Individual Petitioner Family Name (Last Name) Given Name (First Name) Middle Name 2. Company or Organization Name 3. Mailing Address of Individual, Company or Organization (USPS ZIP Code Lookup) In Care Of Name Street Number and Name Apt. Ste. Flr. Number City or Town State ZIP Code Province Postal Code Country 4. Contact Information Daytime Telephone Number Mobile Telephone Number Email Address (if any) 5. Other Information Federal Employer Identification Number (FEIN) Individual IRS Tax Number U.S. Social Security Number (if any) ► ► ► Form I-129 Edition 03/10/21 Page 1 of 36 Part 2. Information About This Petition (See instructions for fee information) 1. Requested Nonimmigrant Classification (Write classification symbol): 2. Basis for Classification (select only one box): a. New employment. b. Continuation of previously approved employment without change with the same employer. c. Change in previously approved employment. d. New concurrent employment. e. Change of employer. f. Amended petition. 3. Provide the most recent petition/application receipt number for the ► beneficiary. -
Overview of the U.S. Immigration System for Businesses
OVERVIEW OF THE U.S. IMMIGRATION SYSTEM FOR BUSINESSES Laura Edgerton, Esq., Edgerton Law Firm, PLLC The U.S. immigration system is highly complex and is constantly changing. At the same time, companies are becoming increasingly global. Companies that employ foreign workers must have a basic understanding of the various immigration classifications that enable a foreign national to legally work in the U.S. and the procedures that must be followed to obtain the appropriate visa status for an employee. They must also know when an individual is not authorized to work in the U.S. Companies that do not have this knowledge face significant financial penalties and, possibly, criminal penalties, as well. The following materials are intended to provide an overview of the primary types of temporary and permanent visa categories that are used by businesses, as well as the government agencies that are responsible for processing visas and enforcing violations of the law with regard to the employment of foreign workers. U.S. Governmental Agencies and Departments Involved in the Immigration Process On November 25, 2002, President George W. Bush signed into law the Homeland Security Act of 2002. This law transferred the functions of the Immigration and Naturalization Service (INS) to the new Department of Homeland Security (DHS). As a result of this law, on March 1, 2003, the former INS was dismantled and its functions were separated into three components within the Department of Homeland Security: Laura Edgerton is a Raleigh immigration lawyer and the founder of Edgerton Law Firm, PLLC d/b/a Edgerton Immigration Law, a North Carolina law firm focusing exclusively on immigration and naturalization law. -
Immigration Newsletter
Immigration Newsletter February - March 2008 IN THIS ISSUE: 1) The H-1B Cap Begins April 1, 2008: Make Sure Your Company Does The H-1B Cap Begins April 1, Not Miss the Window For Filing 2008: Make Sure Your Company Does Not Miss the Now is the time to identify employees and potential new employees for whom you need Window For Filing .........1 to obtain H-1B visas. H-1B petitions can and should be submitted six months in advance Worksite Enforcement: of the start date. Since new cap slots cannot actually be used until October 1, 2008, Government Audits & In- that date is April 1, 2008. These H-1B petitions will be requesting a cap number for house Reviews .............2 what will be Fiscal Year 2009, which begins on October 1, 2008. The available cap will USCIS Reaches H-2B Cap..3 be filled quickly, most likely on the same day it opens. Cap-subject H-1B visas are limited to 65,000 per year, with an additional cap of 20,000 visas available for USCIS Application and Receipting Update ........4 beneficiaries who have earned a Masters degree from a U.S. institution. Since April 1, 2008 is a Tuesday, we will be sending cap subject petitions to the United States and New 10 Fingerprint Immigration Services (USCIS) on March 31, 2008 for next-day delivery. Collection Implemented at U.S. Airports ...............4 Last year serves as an example of how critical it has become to file the cap-subject H- Passport Requirement for 1B petition on the first date filing is available. -
Factsheet on US O-1A Visa & EB1A Green Card
Factsheet on US O-1A Visa & EB1A Green Card General overview – O1A visa The U.S. O-1 non-immigrant visa is for distinct personalities who possess extraordinary ability in the field of arts, sciences, business, education, or athletics, or who retain a demonstrated record of extraordinary achievement in the motion picture or television industry. The O visa is divided into different categories and has diverse criteria and requirements depending upon the type of extraordinary ability and work to be performed. There are majorly two O-1 visas i.e. O-1A and O-1B which concern the main applicant and two other O-1 visas that are designed for the dependents of the main applicant. The O-1A visa This visa is intended for those individuals who possess extraordinary ability in the fields of sciences, education, business, or athletics. It does not include those working in the arts, motion pictures or television industry. The beneficiary must be able to demonstrate extraordinary ability by sustained national or international acclaim and must be coming temporarily to the United States to continue work in the area of extraordinary ability. O-2 and O-3 visas are for dependents of O-1A and O-1B. O visas can be issued fairly quickly and are granted for the length of time necessary for a particular event, which can go up to a maximum of three years, with unlimited extensions in one-year increments. General overview – EB1A Green Card The EB-1A Green Card Option: The O-1A visa secures the path to EB-1A Green Card option. -
Practical Guidance at Lexis Practice Advisor®
Practical guidance at Lexis Practice Advisor® Lexis Practice Advisor® offers beginning-to-end practical guidance to support attorneys’ work in specific transactional practice areas. Grounded in the real-world experience of expert practitioner-authors, our guidance ranges from practice notes and legal analysis to checklists and annotated forms. In addition, Lexis Practice Advisor provides everything you need to advise clients and draft your work product in 12 different practice areas. Liz Stern Key Considerations Before Engaging in Business Immigration Sponsorship By Liz Stern, Mayer Brown LLP This practice note identifies key topics and best practices for an employer to consider when developing and assessing its immigration sponsorship policy. This includes the practice of sponsoring foreign national employees for temporary and permanent immigration status. Specifically, this practice note provides guidance on the following issues concerning business immigration sponsorship: • Overview of employment-based sponsorship and employment verification • Government agencies overseeing visa issuance • Visa classifications • Common categories of employment-based nonimmigrant (temporary) and immigrant (permanent) visas • Choosing between nonimmigrant (temporary) and immigrant (permanent) sponsorship • Considering financial costs of sponsorship • Determining compliance obligations for sponsors and visa holders For a checklist concerning business immigration sponsorship, see Checklist – Best Practices for Employers Undertaking Business Immigration Sponsorship (Nonimmigrant and Immigrant). For more information on business immigration visas, see Lexis Practice Advisor’s Business Immigration / Visas practice notes and Lexis Practice Advisor’s Business Immigration / Visas forms. Overview of Employment-Based Sponsorship and Employment Verification Below we outline some key issues concerning employment-based sponsorship and employment verification. • Employment-based sponsorship for nonimmigrant and immigrant (permanent residency) status. -
Immigration Relief for Victims of Trafficking
Immigration Relief for Victims of Trafficking October 28, 2020 Congressional Research Service https://crsreports.congress.gov R46584 SUMMARY R46584 Immigration Relief for Victims of Trafficking October 28, 2020 Human trafficking occurs throughout the United States, and traffickers exploit vulnerable individuals for commercial sex and forced labor in a variety of legal and Abigail F. Kolker illegal industries. Trafficking victims include both U.S. citizens and noncitizens Analyst in Immigration (referred to as aliens in immigration law), and some of the noncitizen victims are Policy unauthorized immigrants. However, under federal law there are certain protections from removal (deportation) that are available to eligible noncitizen victims of trafficking. Kristin Finklea Specialist in Domestic T Nonimmigrant Status. The Victims of Trafficking and Violence Protection Security Act of 2000 (TVPA; P.L. 106-386, as amended) created a new nonimmigrant category, known as T status or T-visa, for aliens who are victims of severe forms of trafficking in persons. The T status protects eligible aliens from removal and provides a path to permanent residency. The number of T status recipients is limited to 5,000 principal aliens each fiscal year. U Nonimmigrant Status. The Violence Against Women Act of 2000, Division B of the TVPA, created the U nonimmigrant status or U-visa for noncitizen victims who have suffered physical or mental abuse as a result of a qualifying crime, include human trafficking. The U status also protects eligible aliens from removal and provides a path to permanent residency. The number of U status recipients is limited to 10,000 principal aliens per fiscal year. -
This Chapter Includes: § 1.1 Overview of the Family Immigration Process: a Two-Step Process
Families & Immigration March 2021 CHAPTER 1 QUALIFYING FAMILY RELATIONSHIPS AND ELIGIBILITY FOR FAMILY PETITIONS This chapter includes: § 1.1 Overview of the Family Immigration Process: A Two-Step Process ..................... 2 § 1.2 The Immediate Relative Category & Definition of “Child” and “Spouse” .......................................................................................................... 6 § 1.3 “K” Visas for Fiancé(e)s, Spouses, and Children of U.S. Citizens ...................... 13 § 1.4 Petitions Under the Preference System: Definition of Siblings and Sons and Daughters .............................................................................................. 16 § 1.5 The Preference Categories .................................................................................... 18 § 1.6 Derivative Beneficiaries ....................................................................................... 24 § 1.7 How the Preference System Works ...................................................................... 27 § 1.8 Using the State Department Visa Bulletin to Estimate When Your Client Can Immigrate ........................................................................................... 28 § 1.9 Advising Your Client About When a Visa May Become Available .................... 34 § 1.10 The Child Status Protection Act (CSPA) ............................................................. 34 § 1.11 “V” Visas for the Spouses and Children of Lawful Permanent Residents ........................................................................................... -
1.1 Overview of the Family Immigration Process: a Two-Step Process
Families & Immigration October 2013 CHAPTER 11 QUALIFYING FAMILY RELATIONSHIPS AND ELIGIBILITY FOR VISAS This chapter includes: § 1.1 Overview of the Family Immigration Process: A Two-Step Process ................. 1-2 § 1.2 The Immediate Relative Category & Definition of “Child” and “Spouse” ...................................................................................................... 1-5 § 1.3 K Visas for Fiancé(e)s, Spouses and Children of U.S. Citizens ....................... 1-12 § 1.4 Petitions under the Preference System: Definition of Siblings and Sons and Daughters .......................................................................................... 1-19 § 1.5 The Preference Categories ................................................................................ 1-21 § 1.6 Derivative Beneficiaries ................................................................................... 1-27 § 1.7 How the Preference System Works .................................................................. 1-30 § 1.8 Using the State Department Visa Bulletin to Make an Estimate of When Your Client Can Immigrate ............................................................... 1-31 § 1.9 Advising Your Client about When a Visa May Become Available ................. 1-38 § 1.10 Child Status Protection Act (CSPA) ................................................................ 1-38 § 1.11 Protection for the Beneficiaries of a Family Petition when a Qualifying Relative Dies ................................................................................. -
Immigration Legislation and Issues in the 112Th Congress
Immigration Legislation and Issues in the 112th Congress (name redacted), Coordinator Specialist in Immigration Policy December 20, 2012 Congressional Research Service 7-.... www.crs.gov R42036 CRS Report for Congress Prepared for Members and Committees of Congress Immigration Legislation and Issues in the 112th Congress Summary Immigration has not been a front-burner issue for the 112th Congress. During the past two years, however, Congress has taken legislative action on some measures containing provisions on a range of immigration-related topics. The Consolidated Appropriations Act, 2012 (P.L. 112-74) contains provisions on border security, visa security, tourist visas, and refugees. It also includes limited language on other issues, such as employment eligibility verification and the H-2B temporary worker visa. P.L. 112-176 extends the authorization for four immigration programs (EB-5 visa program, E-Verify, Conrad State program, and special immigrant religious worker program) for three years, until September 30, 2015. P.L. 112-205 provides statutory authority for the Border Enforcement Security Task Force (BEST) initiative. P.L. 112-58 concerns military service-based immigration benefits; P.L. 112-127 concerns border tunnels. P.L. 112-130 makes Israeli nationals eligible for E-2 treaty investor visas. Both the House and the Senate have passed different bills (H.R. 4970, S. 1925) to reauthorize the Violence Against Women Act (VAWA). In addition, the House has passed bills that would make changes to permanent employment-based and family-based admissions (H.R. 3012); create new visa categories for prospective LPRs with graduate degrees in science, technology, engineering, or mathematics (STEM) fields (H.R. -
GAO-18-608, NONIMMIGRANT VISAS: Outcomes of Applications And
United States Government Accountability Office Report to Congressional Requesters August 2018 NONIMMIGRANT VISAS Outcomes of Applications and Changes in Response to 2017 Executive Actions GAO-18-608 August 2018 NONIMMIGRANT VISAS Outcomes of Applications and Changes in Response to 2017 Executive Actions Highlights of GAO-18-608, a report to congressional requesters Why GAO Did This Study What GAO Found Previous attempted and successful The total number of nonimmigrant visa (NIV) applications that Department of terrorist attacks against the United State (State) consular officers adjudicated annually peaked at about 13.4 million States have raised questions about the in fiscal year 2016, and decreased by about 880,000 adjudications in fiscal year security of the U.S. government’s 2017. NIV adjudications varied by visa group, country of nationality, and refusal process for adjudicating NIVs, which reason: are issued to foreign nationals, such as • tourists, business visitors, and Visa group. From fiscal years 2012 through 2017, about 80 percent of NIV students, seeking temporary admission adjudications were for tourists and business visitors. During this time, into the United States. For example, adjudications for temporary workers increased by about 50 percent and the December 2015 shootings in San decreased for students and exchange visitors by about 2 percent. Bernardino, California, led to concerns • Country of nationality. In fiscal year 2017, more than half of all NIV about NIV screening and vetting adjudications were for applicants of six countries of nationality: China (2.02 processes because one of the million, or 16 percent), Mexico (1.75 million, or 14 percent), India (1.28 attackers was admitted into the United million, or 10 percent), Brazil (670,000, or 5 percent), Colombia (460,000, or States under a NIV.