U.S. Diversity Lottery (“Green Card” Lottery) Applications for 2018 Close on November 7, 2016

Want to make a permanent move to the United States and don’t know how? Apply for the Diversity Lottery (“Green Card” Lottery) now for your chance to make your U.S. dream come true! The U.S. Government grants 50,000 permanent resident cards each fiscal year in this lottery. 

Be aware that there are numerous Diversity Lottery websites set up by third party providers.  While they may offer legitimate services in connection to a Diversity Lottery application, if you use the official government website for your application, there is no filing fee associated with your application and you will be directly contacted if you are selected for further processing in May 2017.

Go to:

https://travel.state.gov/content/visas/en/immigrate/diversity-visa/instructions.html

Reminder:  Applications will close on Monday, November 7, 2016 at 12:00 noon, Eastern Standard Time (EST) (GMT-4).

Feel free to contact us for further information or to set up a consultation to discuss your U.S. visa options with you.  Good luck!

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U.S. Visa System is Still Experiencing Technical Difficulties, Stranding Thousands of Travelers Around the World

Delays could stretch out over the next week.  Appointment scheduling is also delayed at the beginning of the busy summer travel season.  

http://rt.com/usa/267937-downed-us-visa-thousands-stranded/

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Delays Continue for U.S. Passport and Visas issued Abroad

If you are experiencing delays in getting a new US Passport or Visa this issue is worldwide, read the update below.  The State Department has not given a timeline on when the problem may be fixed.

http://travel.state.gov/content/travel/english/news/technological-systems-issue.html

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EB-5s and U.S. Visas in the Latest News

Latest EB-5 Trends:

http://www.forbes.com/sites/andyjsemotiuk/2015/05/21/whats-trending-in-the-u-s-eb-5-investor-immigration-world/

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New Tool to Look Up LCA and Salary Information– “U.S. Visa Explorer”

Interesting Statistics on the Number of LCAs and Salary Comparison for Major Companies:

http://fusion.net/story/138693/this-tool-lets-you-search-salary-data-for-thousands-of-foreign-born-tech-workers/

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The Trade Promotion Authority (TPA) and Will it Significantly Impact U.S. Immigration?

With negotiations well under way whether to grant the Trade Promotion Authority, questions about the affects on U.S. immigration linger:

http://www.forbes.com/sites/stuartanderson/2015/05/12/the-controversy-over-immigration-and-new-trade-authority/

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What do the 2016 U.S. presidential hopefuls think about immigration reform?

Looking ahead to the 2016 Presidential elections in U.S., views on immigration vary amongst the potential candidates:

http://www.usnews.com/news/politics/articles/2015/05/07/a-look-at-where-the-2016-hopefuls-stand-on-immigration

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U.S. Immigration Relief for Nepalese Citizens

In the wake of the devastating earthquakes to hit Nepal over the past 2 weeks, USCIS has instituted immigration relief measures for affected citizens of Nepal.  Included in these measures are expedited processing for several immigration benefits as well as consideration of fee waivers for some applications.  Senator Ben Cardin, Ranking Member of the Senate Foreign Relations Committee has also requested that the Administration provide Temporary Protected Status (TPS) for Nepalese nationals present in the U.S. and cannot return home due to the dire situation in their country. 

The latest updates can be found here:

http://www.uscis.gov/news/alerts/immigration-relief-measures-nepali-nationals

http://www.foreign.senate.gov/press/ranking/release/senator-cardin-writes-president-obama-requesting-temporary-protected-status-tps-for-nepalese-citizens-currently-in-us

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Good News and Bad News – New visa fees announced for E applications and Renunciations of U.S. Citizenship

The State Department announcement I received in my inbox late last week looked promising – “Fees decreased” was what caught my eye.  A quick glance through the Federal Register confirmed that the fee for E-1, E-2 and E-3 applications, were being reduced to $205, down from $270.  Fortunately, fees for H-1B applications along with L-1s were not increased (how much higher could they go at this point?).  This is great news for all those E-3 applicants out there.  The State Department made a point of saying that the new reduced fee was a reflection of the “actual cost of services”.  (Which doesn’t exactly make sense to me due to the large disparity in the time spent by a consular officer in the review of documents for an E-1 or E-2 application compared with the amount of time spent on an E-3 application.)   

The bad news came for all those would-be renouncers of their U.S. citizenship.  The new fee is a whopping 422% higher than it is now, a jump from $450 to $2,350.  This can not possibly be reflective of the “actual cost of services”.  An application for renouncement is not very document intensive.  The process consists of two short in-person interviews (and sometimes the first interview is over the phone) and a couple of forms. Unless you have an enormous portfolio and there are serious exit tax issues, very few supporting documents are required.  The State Department notes that the large increase in the filing fee is justified as the demand for the renunciation requests has ballooned and they need additional staff to process the applications. According to a February 2014 post in the International Tax Blog, a record 2,999 people renounced their US citizenship in 2013, a 221% increase over the 2012 figure.  However, a total of 3,000 applicants worldwide does not seem to justify this high fee, in my opinion.  In contrast, 3,946 E-3 visas were issued in 2013, yet the fee is around 10% of the cost of a renouncement application.   

I find it interesting to note the filing fees for renouncing citizenship in other high-income countries:

Australia - $265

United Kingdom - $240

New Zealand - $335

Canada - $90

Anyone making applications for the visa categories mentioned on or after September 6, 2014 need to remit the correct fee amounts. 

For individuals who seek to travel to the US, it is strongly recommended to contact a qualified US Immigration Lawyer to discuss your visa options.

To connect to a qualified US Immigration Lawyer contact our specialist US Immigration team

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U.S. Consulates and Continuing Delays in Visa Processing

If you are waiting for a U.S. visa to be issued, you may be experiencing ongoing delays.  For an update see:

http://travel.state.gov/content/travel/english/news/ccd-performance-issues.html

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Can You Remember the Dates of Your Previous Trips to the U.S.?

If you are a frequent traveller in and out of the U.S., you may find it difficult to remember the exact dates of your recent arrivals and departures. 

It’s not easy to remember all of these dates, and when you asked to list these dates on a visa application and your mind goes blank. 

Your temporary brain freeze is not a problem anymore and can be resolved in a few minutes.   

Under the new system, every time you enter the U.S. by air or sea your admission is now recorded electronically with Form I-94 by Customs and Border Protection (CBP) at your port of entry.  When you arrive, you are issued an I-94 number and you are given a paper with instructions on how to access the CBP website where you can retrieve an electronic copy of your I-94.  CBP maintains the arrival records in the Nonimmigrant Information System (NIIS).

Furthermore, there is a very handy tool on the website at the login page. 

There are two options:  “Get Most Recent I-94” or “Get Travel History”.  The travel history will reflect all of your arrival and departure dates for the last 5 years.

If you travelled on an older or now expired passport, you can enter those details to obtain their corresponding travel records . 

If you have any questions about this new tool or about U.S. Immigration, contact our specialist U.S. Immigration Attorneys at Nevett Ford.  

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Potential new benefits for E-3 visa holders in the US

6 May 2014

The U.S. Department of Homeland Security announced a proposed rule that will provide some added benefits for E-3 visa holders.

What is an E-3 Visa?

It is a special category available only to Australian citizens. 

There are two basic requirements;  (1) job offer from a US company to work in a professional role; and (2) must hold a bachelor’s degree in a relevant field, or the work experience equivalent.

The proposed new changes to the E-3 category include:

1. E-3 visa added to the list of visa classifications that authorise classes of aliens authorised for employment status with a specific employer. The benefit of this new change would end hassles that E-3 visa holders sometimes encounter when trying to obtain US benefits such as a Social Security Number or a driver’s license

2. Add the E-3 visa to the list of work visas that are automatically granted up to 240 days of continued work authorization beyond the expiry of status while an extension request is pending.  The benefit of this change means there would be less pressure to file the extension request months before the expiry of status.

We will continue to monitor the proposed new rule and will advise of any changes once they become available from the U.S. Department of Homeland Security.

If you have any questions about these changes or US immigration, please contact our specialist US immigration team.

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Pub brawls, street fights, and criminal mishaps; can it effect you from entering the US?

The recent brawl witnessed in Bondi between James Packer and David Gyngell most likely was an embarrassment for those involved, but also illustrates how public altercations may effect global migration, especially to the U.S.  While no charges have been filed in this particular case, it highlights that most people might not realise there are consequences for such an incident and could make them unable to enter into the U.S.

Melissa Vincenty, a US Immigration Lawyer in Sydney and senior lawyer at Nevett Ford, notes “this would certainly strain their ability to oversee their business ventures in the U.S. or visit friends and family there. “

Certain assault charges and convictions could rise to what is known as a ‘crime involving moral turpitude’ (CIMT).  It is quite a broad term that includes crimes such as assault, drug crimes, shoplifting, check fraud or even graffiti convictions.  Merely an arrest for a CIMT could make someone ineligible to use the convenient Visa Waiver Program and a conviction may have more dire consequences. 

While this may not permanently bar someone from travels to the U.S., it could certainly cramp these jetsetter’s lifestyles which could delay travel for many months. 

For individuals who seek to travel to the US, it is strongly recommended to contact a qualified US Immigration Lawyer to discuss your visa options.

To connect to a qualified US Immigration Lawyer contact our specialist US Immigration team.

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I’m Australian, but is the E-3 visa right for me?

There is a major misconception that if you are Australian, then the E-3 visa is always the best visa option.  This is not necessarily the case, however.  Here are some examples of scenarios where the E-3 visa is not likely to be the best option for you:

·         The US employer is a start-up

·         You will need to stay on the Australian payroll of the company during your US assignment

·         You do not hold a Bachelors Degree or have at least 12 years of work experience in your field

·         You hold a Bachelors, but not in the field in which you will be working in the USA

·         The US role does not require a Bachelors Degree

If any of the above factors apply, then the E-3 may not be the best option for you.  In some cases, such as where the US employer is a start-up, the E-2 Treaty Investor Visa may be a better route.  You can read more about the E-2 at my previous blog: 

http://100cupsofcoffee.org/2013/06/26/us-visa-options-for-australians-e2-investor-visa-part-2/

-Noah Klug, US immigration attorney based in Melbourne, Australia

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Can I get an E-3 visa for the United States?

You may qualify for the special E-3 visa for the USA if:

1.       You hold an Australian passport; AND

2.       You have a job offer for a professional-type role in the US; AND

3.       Either you hold a Bachelors Degree in the field in which you will be working, OR you have at least 12 years work experience in your field

If you meet these requirements, then you can get an E-3 visa that will provide you with the following benefits:

·         Quick processing – only about 4-6 weeks from start to finish in most cases;

·         Stay in the US for up to two years;

·         Renew the visa in two-year increments an unlimited number of times;

·         Get work authorisation for your spouse;

·         Obtain dependent visas for your children that will allow them to attend schools in the US;

·         Make the process much easier for your US employer because no petition is required to be filed with US Citizenship and Immigration Services.

It is important that you speak with a US immigration lawyer experienced with this unique visa category, however, and get the right advice – otherwise, you risk your application being denied.

You can read more about the E-3 visa category at my previous blog here: http://100cupsofcoffee.org/2013/04/10/us-visa-options-for-australians-part-1/

-Noah Klug, US immigration attorney based in Melbourne, Australia

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