Archivo Mensual: August 2016

27
August 2016

How to Submit I-94 Correction Requests by Email

U.S. Customs and Border Protection (CBP) Deferred Inspection sites will correct errors recorded by CBP officers on arrival documents issued at the time of entry to the U.S., such as an improper nonimmigrant classification, inaccurate biographical information, or an incorrect period of admission. See https://www.cbp.gov/document/guidance/deferred-inspection-sites#)

Generally, corrections must be requested by the individual appearing in-person at a local Deferred Inspection office. However, if you entered the U.S. through certain designated ports of entry/Deferred Inspection sites, or are currently located within the area served by a designated site, it may be possible to bypass the in-person appearance and obtain corrected documents via email.

The following is a sample list of documents and information that may be requested:

 Details regarding your most recent entry: date of admission, class of admission, and port of entry;

 I-94 record showing most recent admission;

 Copy of the applicant’s passport biographical page;

 Copy of the applicant’s visa stamp AND admission/entry stamp for last admission into the U.S.;

 Form I-797 / Notice of Approval or Receipt from USCIS; and/or

 Form G-28 signed by the applicant/beneficiary.

Contact Us

 

26
August 2016

International Entrepreneur Rule-Employment Authorization

DHS further proposes that if parole is granted, the entrepreneur would be authorized for employment incident to the grant of parole, but only with respect to the entrepreneur’s start-up entity. The entrepreneur’s spouse and children, if any, would not be authorized for employment incident to the grant of parole, but the entrepreneur’s spouse, if paroled into the United States pursuant to 8 CFR 212.19, would be permitted to apply for employment authorization consistent with proposed 8 CFR 274a.12(c)(34).

As noted, the purpose of the proposed parole process is to provide qualified entrepreneurs of high-potential start-up entities in the United States with the improved ability to conduct research and development and expand the entities’ operations in the United States so that our nation’s economy may benefit from such development and expansion, including through increased capital expenditures, innovation and job creation.

Contact Us

Finally, DHS is proposing conforming changes to the employment authorization regulations at 8 CFR 274a.12(b) and (c), the employment eligibility verification regulations at 8 CFR 274a.2(b), and fee regulations at 8 CFR 103.7(b)(i). The proposed rule would amend 8 CFR 274a.12(b) by: (1) adding entrepreneur parolees to the classes of aliens authorized for employment incident to their immigration status or parole, and (2) providing for temporary employment authorization for those applying for re-parole.

The proposed rule would amend 8 CFR 274a.12(c) by extending eligibility for employment authorization to the spouse of an entrepreneur paroled into the United States under 8 CFR 212.19. The proposed rule would amend 8 CFR 274a.2(b) by designating the entrepreneur’s foreign passport and Arrival/Departure Record (Form I-94) indicating entrepreneur parole as acceptable evidence for employment eligibility verification (Form I-9) purposes. Finally, the proposed rule would amend 8 CFR 103.7(b)(i) by including the fee for the new proposed application form.

 

18
August 2016

Visa Bulletin Progress and Projections from the Department of State-August 2016-Family Based

Family-Based Projections.

There are some favorable modifications to last month’s predictions for September in the family-based categories. The final action dates for F-2A and F-4 might require retrogression in September, an increase in returned unused visa numbers in July, and weak demand for these categories has allowed DOS to hold these dates for the remainder of the fiscal year.

Visa Bulletin Progress and Projections from the Department of State is a series of monthly reports from the AILA DOS Liaison Committee designed to keep members informed of Visa Bulletin progress and projections. Immediately following publication of each month’s Visa Bulletin, AILA will “check-in” with Charles (“Charlie”) Oppenheim, Chief of the Visa Control and Reporting Division, U.S. Department of State, to obtain his analysis of current trends and future projections for the various immigrant preference categories. Through these discussions, it is hoped that Charlie will provide us with additional insight, beyond the basic visa availability updates that are provided in the monthly Visa Bulletin.

Consistent with previous predictions last month, F-4 Worldwide advanced slightly. There were also minor advances in all of the family Worldwide categories, and all of the F-2B categories with the exception of F-2B Mexico. F-3 and F-4 Mexico and F-3 and F-4 Philippines also crept slightly ahead to close out the fiscal year.

Contact Us

As noted in prior columns, the family-based categories tend to advance more consistently as the majority of demand in these categories materializes at consular posts. While we expect movements into the next fiscal year to also remain relatively steady, DOS will continue to comply with the Administration’s Visa Modernization Proposal by advancing the dates as aggressively as possible in the first three quarters of the fiscal year. While doing so helps to ensure that number use is maximized, it also results in few numbers being available for use in the final quarter, which can cause retrogressions, such as those experienced in the F-4 China and India preference categories.

Filing Dates.

As we approach the one year anniversary of the new Visa Bulletin format, There are no predictions in terms of “filing dates” as DOS had not yet met with the CIS Ombudsman’s Office at the time of this discussion. Stay tuned for the October Visa Bulletin!