FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST
Upon approval of H-1B petition by the USCIS[ii], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
Upon approval of H-1B petition by the USCIS , foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
Upon approval of H-1B petition by the United States Citizenship and Immigration Services (USCIS)[1], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly, the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
Upon approval of H-1B petition by the United States Citizenship and Immigration Services (USCIS)[1], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States.
This PPT is from the INSZoom Immigration Conference 2015 - Bengaluru. The presentation was provided to the audience by Satya Prakash and Steve Rao of Sapient Corporation.
The EB-5 Visa Investment Program's entire process three stages which carry their own set of costs. Take a look at the breakdown of the estimated EB-5 investment costs.
Upon approval of H-1B petition by the USCIS , foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
Upon approval of H-1B petition by the United States Citizenship and Immigration Services (USCIS)[1], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States. Before going for the visa interview, it is very important for a visa applicant to understand the purpose of the visa interview, the discretionary powers vested in the Consular Officers, and most importantly, the kind of fraud, technical violations and/or misrepresentation that could result in visa refusal or administrative processing.
Upon approval of H-1B petition by the United States Citizenship and Immigration Services (USCIS)[1], foreign nationals residing abroad may need to go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they can travel to and enter the United States.
This PPT is from the INSZoom Immigration Conference 2015 - Bengaluru. The presentation was provided to the audience by Satya Prakash and Steve Rao of Sapient Corporation.
The EB-5 Visa Investment Program's entire process three stages which carry their own set of costs. Take a look at the breakdown of the estimated EB-5 investment costs.
The Association of Certified Fraud Examiners (ACFE) described forensic accounting as “the application of accounting skills to provide quantitative financial information about matters before the courts.”
Whether you employ one H-1B employee or 100 H-1B employees, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require you to follow very specific rules. Failure to comply with these rules can lead to heavy fines, penalties, payment of back wages, debarment, and negative publicity for your business. The DOL has ordered millions of dollars in back wages and imposed thousands of dollars in fines on companies after auditing their records and practices.
Attend this tutorial for the right information you need to avoid this outcome for your company and safely hire and retain key H-1B employees.
A powerpoint presentation giving basic insights on forensic audit,forensic auditors, how is the engagement conducted, its scope , the famous Satyam Case and the Nirav Modi case along with the RBI guidelines regarding the same. It is a presentation made for educational and awareness purpose and not to be copied or reproduced without prior consent.
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
(DHS) The Department of Homeland Security is working on a proposed rule that will allow certain beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) to obtain an Employment Authorization Document (EAD) and to engage in natural career advancements.
In a new set of regulations, the U.S. is seeking changes to what’s called the Operational Practical Training (OPT) program after a federal court ruled in August that the Government erred by not seeking public comment earlier.
We are in the midst of the H-1B season. If you have not yet begun to prepare the H-1B for the April 1st filing date, do not despair. It is not too late. It will take about a week or so to submit and receive an approval for the Labor Condition Application (LCA - Form 9035) from the U.S. Department of Labor (DOL) but there is still time. The most important thing to do now is to immediately ask your employer to submit an H-1B Petition on your behalf.
The big political question now is whether the U.S. Department of Homeland Security (DHS) will receive funding from Congress beyond February, 2015. Many of our readers continue to send queries about the future viability of DAPA, DACA and future of President Obama's other Executive Action Immigration Relief(s) that were announced in November, 2014. Even with the Court decision out of Texas (see the story below), we continue to to remain cautiously optimistic but feel comforted by the fact that, historically, no Executive Action Relief(s) has been taken off-line. DACA extensions were set to be filed on February 18th but have been delayed. We still anticipate DAPA cases will be filed in the Spring and we are working with our clients and others to prepare document for the May filing date for DAPA.
Of course, preparation of H-1B nonimmigrant visas for our clients and their professional and specialty occupation employee staff for the April 1st deadline continues. On April 1st, U.S. employers will file H-1B cap cases seeking October 1st 2015 start dates for professional and specialty occupation staff. Last year, because the demand for the H-1B nonimmigrant visa was so high, there was a "lottery". About three (3) H-1B petitions were filed for every one (1) spot available. We anticipate about the same demand (if not more) for this fiscal year.
U.S. IMMIGRATION NEWS AND UPDATES - H-1B MASTER'S CAP, H-1B FILING SEASON, I-9 FORM UPDATES, FAMILY IMMIGRANT VISA, SCALIA PASSING IMPACTS DACA & DAPA, ETC.
Most prospective H-1B employees and H-1B employers begin with either of the following two questions: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.”
This presentation describes the various ways that the immigration process can come under audit by various administrative agencies of the U.S. Government. Specifically, the H-1B process, the I-9 Form process (IRCA) and the PERM process can all be audited by administrative agencies and employers can be found to be responsible to pay penalties for violations. This presentation was developed in connection with a program to be given by David H. Nachman, Esq. in Tokyo, Japan, on April 22nd, 2010. Please see the Visaserve Website for details . . . www.visaserve.com.
EB-4:
Cap of 5,000 workers (non-minister religious worker)/No cap for ministers.
I-360 Petition (self-petition or through an employer)
Member of religious denomination having a bona fide, nonprofit, religious organization in the U.S for at least 2 years immediately preceding petition filing.
EB-5:
Immigrant’s investment of Capital
In a New Commercial Enterprise (NCE)
That creates jobs
The Association of Certified Fraud Examiners (ACFE) described forensic accounting as “the application of accounting skills to provide quantitative financial information about matters before the courts.”
Whether you employ one H-1B employee or 100 H-1B employees, the Department of Homeland Security (DHS) and the Department of Labor (DOL) require you to follow very specific rules. Failure to comply with these rules can lead to heavy fines, penalties, payment of back wages, debarment, and negative publicity for your business. The DOL has ordered millions of dollars in back wages and imposed thousands of dollars in fines on companies after auditing their records and practices.
Attend this tutorial for the right information you need to avoid this outcome for your company and safely hire and retain key H-1B employees.
A powerpoint presentation giving basic insights on forensic audit,forensic auditors, how is the engagement conducted, its scope , the famous Satyam Case and the Nirav Modi case along with the RBI guidelines regarding the same. It is a presentation made for educational and awareness purpose and not to be copied or reproduced without prior consent.
As many are aware, putting an end to the confusion that prevailed among Immigration Practitioners for almost two decades, the Administrative Appeals Office (AAO), through a Precedent decision, Matter of Simeio Solutions, LLC, 26 I&N Dec. 542 (AAO 2015), clarified that an amended H-1B Petition, with the corresponding LCA, is required to be submitted to United States Citizenship and Immigration Services (USCIS) when there is a material change in the terms and conditions of employment.
(DHS) The Department of Homeland Security is working on a proposed rule that will allow certain beneficiaries of an approved Immigrant Petition for Alien Worker (Form I-140) to obtain an Employment Authorization Document (EAD) and to engage in natural career advancements.
In a new set of regulations, the U.S. is seeking changes to what’s called the Operational Practical Training (OPT) program after a federal court ruled in August that the Government erred by not seeking public comment earlier.
We are in the midst of the H-1B season. If you have not yet begun to prepare the H-1B for the April 1st filing date, do not despair. It is not too late. It will take about a week or so to submit and receive an approval for the Labor Condition Application (LCA - Form 9035) from the U.S. Department of Labor (DOL) but there is still time. The most important thing to do now is to immediately ask your employer to submit an H-1B Petition on your behalf.
The big political question now is whether the U.S. Department of Homeland Security (DHS) will receive funding from Congress beyond February, 2015. Many of our readers continue to send queries about the future viability of DAPA, DACA and future of President Obama's other Executive Action Immigration Relief(s) that were announced in November, 2014. Even with the Court decision out of Texas (see the story below), we continue to to remain cautiously optimistic but feel comforted by the fact that, historically, no Executive Action Relief(s) has been taken off-line. DACA extensions were set to be filed on February 18th but have been delayed. We still anticipate DAPA cases will be filed in the Spring and we are working with our clients and others to prepare document for the May filing date for DAPA.
Of course, preparation of H-1B nonimmigrant visas for our clients and their professional and specialty occupation employee staff for the April 1st deadline continues. On April 1st, U.S. employers will file H-1B cap cases seeking October 1st 2015 start dates for professional and specialty occupation staff. Last year, because the demand for the H-1B nonimmigrant visa was so high, there was a "lottery". About three (3) H-1B petitions were filed for every one (1) spot available. We anticipate about the same demand (if not more) for this fiscal year.
U.S. IMMIGRATION NEWS AND UPDATES - H-1B MASTER'S CAP, H-1B FILING SEASON, I-9 FORM UPDATES, FAMILY IMMIGRANT VISA, SCALIA PASSING IMPACTS DACA & DAPA, ETC.
Most prospective H-1B employees and H-1B employers begin with either of the following two questions: “I would like to work in the U.S. using an H-1B visa, but am not sure if I qualify” or “I want to hire a foreign worker but not sure if the individual qualifies for an H-1B visa.”
This presentation describes the various ways that the immigration process can come under audit by various administrative agencies of the U.S. Government. Specifically, the H-1B process, the I-9 Form process (IRCA) and the PERM process can all be audited by administrative agencies and employers can be found to be responsible to pay penalties for violations. This presentation was developed in connection with a program to be given by David H. Nachman, Esq. in Tokyo, Japan, on April 22nd, 2010. Please see the Visaserve Website for details . . . www.visaserve.com.
EB-4:
Cap of 5,000 workers (non-minister religious worker)/No cap for ministers.
I-360 Petition (self-petition or through an employer)
Member of religious denomination having a bona fide, nonprofit, religious organization in the U.S for at least 2 years immediately preceding petition filing.
EB-5:
Immigrant’s investment of Capital
In a New Commercial Enterprise (NCE)
That creates jobs
On June 5, 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.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (“INA” or “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the locally prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the alien may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The purpose of Form I-129F is to allow U.S. citizens, to:
•Bring their fiancé(e) (K-1) to the U.S. for marriage, and that person's children (K-2); or
•Bring their spouse and that person's children (K-3 and K-4 visas, respectively) to the United States to complete processing for permanent resident status.
We are rapidly approaching the midterm elections and awaiting President Obama's next move on Administrative Actions about the U.S. immigration law. As DACA renewals continue to roll-out, we are still hoping that the President will grant "Deferred Action for All" - another type of DACA? In the meanwhile, the U.S. Supreme Court is scheduled to hear two cases with significant implications for U.S. immigration law.
Similar to FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST
As part of the Visa Application process, applicants are routinely interviewed by a Consular Officer. Occasionally, some applications are placed under Administrative Processing, which indicates the Consular Officer determined that additional information or a closer review is necessary before making a final determination of an approval or a denial of the application. Applicants are advised that their case is under
H1B Cap 2025 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2025 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer.asp
To receive assistance with your FY 2025 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
H1B Cap 2021 Filing Mistakes: Find out how to overcome them.
VisaPro Law Firm can help increase your chances of H-1B lottery selection and approvals.
Conact VisaPro for a FREE 2021 H1B Filing Plan Consultation at http://www.visapro.com/h1b-cap/free-consultation-immigration-lawyer
To receive assistance with your FY 2021 H-1B filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
The fifth employment-based preference Visa (EB-5) was created by Congress in 1990. It serves immigrants seeking to enter the United States by investing in a new commercial enterprise that will benet the U.S. economy and create at least 10 full-time jobs.
Presented by Jon Kutner, hyperWALLET General Counsel, at the 2014 DSA Global Regulatory Conference.
The Foreign Accounts Tax Compliance Act (FATCA) should be on the radar screen of every DSA member company. This presentation will begin with a background on the legislation and how it is being implemented globally, followed by a summary of how the FATCA rules interact with Section 1441/Non-resident alien withholding rules affecting DSOs paying distributors in foreign countries. The presentation will also cover FATCA issues affecting DSOs with business entities in foreign countries, and provide some suggestions for multinationals to prepare for FATCA due diligence requests from their foreign financial institutions.
Learn all about H1B cap 2019 filing mistakes made by employers and how to avoid them.
VisaPro Law Firm can help increase your chances of H1B visa lottery selection and approvals.
Conact VisaPro for a FREE 2019 H-1B Filing Plan Consultation at: http://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer
To receive assistance with your FY 2019 H-1B Cap filing strategies, give us a call today! Our experienced attorneys will be happy to assist you.
The EB-5 investor visa program is becoming more popular since Rule 506 (c) became law allowing issuers to advertise their offerings to foreign investors seeking U.S. residency. As with any investment proper due diligence is crucial. The Securities and Exchange Commission’s (“SEC”) Office of Investor Education and Advocacy and U.S. Citizenship and Immigration Services (“USCIS”) have issued recent warnings to foreign investors regarding the fraudulent use of the EB-5 program.
The EB-5 investor visa program is becoming more popular since Rule 506 (c) became law allowing issuers to advertise their offerings to foreign investors seeking U.S. residency. As with any investment proper due diligence is crucial. The Securities and Exchange Commission’s (“SEC”) Office of Investor Education and Advocacy and U.S. Citizenship and Immigration Services (“USCIS”) have issued recent warnings to foreign investors regarding the fraudulent use of the EB-5 program.
Common H1B Cap 2023 Filing Mistakes: Find out how to avoid them.
VisaPro Law Firm can help increase your chances of H1B lottery selection and approvals.
Contact VisaPro For a FREE 2023 H-1B Filing Plan Consultation at https://www.visapro.com/work-visas/h1b-visa/free-consultation-immigration-lawyer/
To receive assistance with your FY 2023 H1B visa filing strategies, give us a call today! Our experienced immigration lawyers will be happy to assist you.
Just when employers in the United States were unhappy and raising concerns about the steep increase in the statutory fee for certain H-1B and L-1 petitions, and about the lengthy delays in adjudicating petitions, the Department of Homeland Security (DHS) threw another curved ball. Putting into practice the “Full Cost Recovery” theory, DHS is proposing to raise USCIS filing fees by a weighted average of 21 percent and impose a new fee on the Regional Centers with regard to EB-5 processing in order to fully recover costs for its services and to maintain adequate service. The proposed rule has been published in the Federal Register and is open for public comments until July 5, 2016.
Luis presented to Brazilian law firm Peixoto e Cury Advogados on April 12, 2012, in Sao Paulo, Brazil. Luis discussed the background of the Foreign Corrupt Practices Act, along with the rules, regulations and sanctions.
EB-5 Foreign Investor Visa will allow you and your family to obtain a Green Card in the U.S.
Similar to FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST (20)
On July 24, 2019, U.S. Citizenship and Immigration Services (USCIS) published a FINAL rule that will make significant changes to the EB-5 Immigrant Investor Program; the rule will go into effect on Nov. 21, 2019. This is noted to be the first significant revision to the program’s regulations since 1993. Some of these revisions include:
Kendi ülkenize dönmekten korkuyor musunuz? Öyleyse, İltica başvurusunda bulunabilirsiniz. Çıkarma sürecinde iseniz, iltica başvurusunun farklı olduğunu unutmayın. Bu makalede, iltica talebinde bulunmayanlar için iltica başvurusunda bulunmayı açıklayacağız. Sığınma için uygunluk, ırk, din, milliyet, politik görüş ya da belirli bir sosyal gruba üyeliğiniz nedeniyle geçmişte yaşadığınız bir zulme veya gelecekte yaşayabileceğiniz zulüm korkusuna dayanmaktadır. Bu korku size özel olmalıdır. Kendi ülkenizin genellikle güvensiz olması yeterli değildir; Neden özellikle sizin için güvensiz olduğunu açıklayabilmelisiniz.
H-1B visas are granted to those who meet specific qualifications. The required qualifications include that the applicant have at least a bachelor’s degree from a U.S. institution and have a job offer from a U.S. employer that requires the H-1B Candidate to hold at least a bachelor’s degree.
Certain Israeli nationals who are lawfully present in the United States will soon be able to request a change of status to the E-2 treaty investor classification. Beginning May 1,
Last year USCIS announced earlier that it received approximately 190,098 H-1B petitions for the fiscal year 2018. Once the lottery (also referred as “random selection process”) has been completed USCIS starts to send receipt notices.
In the first week of April during the last several years the U.S. Citizenship and Immigration Services (“USCIS”) announced that it has received a sufficient number of H-1B petitions to reach the statutory cap, both regular and master’s.
Many F-1 visa holders, particularly those who are engaged in OPT change their immigration status to become professional and specialty workers (H-1B workers). The H-1B cap is the Congressionally-mandated limit on the number of individuals who may be granted H-1B status during each fiscal year.
The first day a new H-1B case can be filed is Monday, April 1, 2019. The law requires that the government keep the filing window open until Friday, April 5, 2019. As such, it is imperative that all new H-1B cases are filed no earlier than April 1, 2019 and no later than April 5, 2019.
The H-1B visa program permits a United States employer (“employer”) to temporarily employ nonimmigrants to fill specialized jobs in the United States. The Immigration and Nationality Act (the “INA” or the “Act”) requires that an employer pay an H-1B worker the higher of the actual wage or the local prevailing wage, in order to protect U.S. workers and their wages. Under the Act, an employer seeking to hire a foreign national in a specialty occupation on an H-1B visa must receive permission from the Department of Labor (“DOL”) before the foreign national may obtain an H-1B visa. The Act defines a “specialty occupation” as an occupation requiring the application of highly-specialized knowledge and the attainment of a bachelor’s degree or higher. The Act requires an employer seeking permission to employ an H-1B worker to submit and receive an approved Labor Condition Application (“LCA”) from the DOL.
The Canadian Parliament recently announced that it was going to add more than one million new permanent residents in next three years (2019-2021). It is foreseeable that more than half of the new permanent residents will arrive on one of the three economic programs in the Express Entry program – the Federal Skilled Worker (“FSW”) Class, the Federal Skilled Trades (“FST”) Class, and the Canadian Experience (“CE”) Class. The Provincial Nomination Program (“PNP”) is also expected receive a great deal of additional applicants in the coming years.
Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first make a filing with the Department of Labor (DOL) and obtain a Labor Condition Application (LCA). The LCA, among other things, must specify the number of workers sought, the occupational classification in which the H-1B will be employed, and the wage rate and conditions under which the proposed H-1B nonimmigrant will be employed.
As a reminder to all U.S. employers, H-1B season is almost here! United States Citizenship & Immigration Services (“USCIS”) will start accepting new H-1B petitions for the next Fiscal Year on Monday, April 1st, 2019. As such, employers should start immediately identifying current and future employees who will require sponsorship for new Cap-subject H-1B nonimmigrant work visa petitions.
David Nachman, Esq., Managing Attorney at NPZ Law Group, says “for the new year there are some really big changes “on the cusp” for the H-1B Visa Lottery program”. The US and Canada Immigration and Nationality Lawyers at the Nachman Phulwani Zimovcak (NPZ) Law Group continue to closely monitor the changes.
Government attorneys across the country are submitting requests to re-calendar previously administratively closed immigration cases. What does this mean for the immigration court system, and what does this mean for you?
First of all, what is administrative closure? Immigration Judges for decades have administratively closed, or indefinitely postponed cases in Immigration Court. Another form of administrative closure is also called
Let one of America’s premier Immigration and Naturalization Law Firms guide you through the EB-5 Investor VISA process. NPZ Law Group continues to maintain a solid reputation for being able to tackle difficult cases and has a very successful track record in the US for dealing with the EB-5 process. We continue to service EB-5 clients from start to finish.
Many H-1B visa holders could you find themselves facing deportation proceedings if their application for a visa extension or change of status have been rejected...
The Trump administration has empowered officials to outright reject visa applications under certain circumstances. This step
can be taken if the required ‘initial evidence’ wasn’t submitted or it failed to establish eligibility for the visa sought. The revised
policy will apply to all applications and requests received by the authorities from September 11 onwards.
U.S. AND CANADA IMMIGRATION LAW NEWS AND UPDATES US Immigration and Family Separation, DENIALS OF RFEs and NOIDS - NEW SEPTEMBER 11TH RULE, LIFTING CONDITIONS ON RESIDENCE - I-751, DHS Enforcement Priorities, End of Credible Fear Interviews etc. httpsconta.cc2NWfxPo
What to do about getting 2 years conditional permanent resident status when there is divorce or divorce case is still pending?
You can file Form I-751 at "any time" if you have a final order of divorce or annulment. That's true even if your conditional green card is not close to its expiration date. But what happens if you haven't yet filed for divorce or your divorce is not yet final?
Employment-Based Preference Categories
EB-1 China and EB-1 India remain steady at January 1, 2012, and DOS anticipates this date will hold for the remainder of the fiscal year. It is hoped that these categories will become current again on October 1, 2018, but demand trends will be monitored over the summer. If USCIS District Offices are not interviewing EB-1 China and EB-1 India applicants with priority dates beyond the established final action date, DOS may not have clear visibility into total demand. If there is a surge in demand for these categories beginning in October, it could cause a final action date to be imposed more quickly in the fiscal year than otherwise anticipated.
DOS expects that a final action date for EB-1 Worldwide will be imposed either in August or September, but notes that the category will return to current in October.
More from Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. (20)
How to Obtain Permanent Residency in the NetherlandsBridgeWest.eu
You can rely on our assistance if you are ready to apply for permanent residency. Find out more at: https://immigration-netherlands.com/obtain-a-permanent-residence-permit-in-the-netherlands/.
In 2020, the Ministry of Home Affairs established a committee led by Prof. (Dr.) Ranbir Singh, former Vice Chancellor of National Law University (NLU), Delhi. This committee was tasked with reviewing the three codes of criminal law. The primary objective of the committee was to propose comprehensive reforms to the country’s criminal laws in a manner that is both principled and effective.
The committee’s focus was on ensuring the safety and security of individuals, communities, and the nation as a whole. Throughout its deliberations, the committee aimed to uphold constitutional values such as justice, dignity, and the intrinsic value of each individual. Their goal was to recommend amendments to the criminal laws that align with these values and priorities.
Subsequently, in February, the committee successfully submitted its recommendations regarding amendments to the criminal law. These recommendations are intended to serve as a foundation for enhancing the current legal framework, promoting safety and security, and upholding the constitutional principles of justice, dignity, and the inherent worth of every individual.
WINDING UP of COMPANY, Modes of DissolutionKHURRAMWALI
Winding up, also known as liquidation, refers to the legal and financial process of dissolving a company. It involves ceasing operations, selling assets, settling debts, and ultimately removing the company from the official business registry.
Here's a breakdown of the key aspects of winding up:
Reasons for Winding Up:
Insolvency: This is the most common reason, where the company cannot pay its debts. Creditors may initiate a compulsory winding up to recover their dues.
Voluntary Closure: The owners may decide to close the company due to reasons like reaching business goals, facing losses, or merging with another company.
Deadlock: If shareholders or directors cannot agree on how to run the company, a court may order a winding up.
Types of Winding Up:
Voluntary Winding Up: This is initiated by the company's shareholders through a resolution passed by a majority vote. There are two main types:
Members' Voluntary Winding Up: The company is solvent (has enough assets to pay off its debts) and shareholders will receive any remaining assets after debts are settled.
Creditors' Voluntary Winding Up: The company is insolvent and creditors will be prioritized in receiving payment from the sale of assets.
Compulsory Winding Up: This is initiated by a court order, typically at the request of creditors, government agencies, or even by the company itself if it's insolvent.
Process of Winding Up:
Appointment of Liquidator: A qualified professional is appointed to oversee the winding-up process. They are responsible for selling assets, paying off debts, and distributing any remaining funds.
Cease Trading: The company stops its regular business operations.
Notification of Creditors: Creditors are informed about the winding up and invited to submit their claims.
Sale of Assets: The company's assets are sold to generate cash to pay off creditors.
Payment of Debts: Creditors are paid according to a set order of priority, with secured creditors receiving payment before unsecured creditors.
Distribution to Shareholders: If there are any remaining funds after all debts are settled, they are distributed to shareholders according to their ownership stake.
Dissolution: Once all claims are settled and distributions made, the company is officially dissolved and removed from the business register.
Impact of Winding Up:
Employees: Employees will likely lose their jobs during the winding-up process.
Creditors: Creditors may not recover their debts in full, especially if the company is insolvent.
Shareholders: Shareholders may not receive any payout if the company's debts exceed its assets.
Winding up is a complex legal and financial process that can have significant consequences for all parties involved. It's important to seek professional legal and financial advice when considering winding up a company.
NATURE, ORIGIN AND DEVELOPMENT OF INTERNATIONAL LAW.pptxanvithaav
These slides helps the student of international law to understand what is the nature of international law? and how international law was originated and developed?.
The slides was well structured along with the highlighted points for better understanding .
ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE PROCESSING UNDER 221(g) AT A CONSULAR POST
1. FRAUD, TECHNICAL VIOLATIONS, AND/OR MISREPRESENTATION
THAT COULD TRIGGER H-1B VISA REFUSAL OR ADMINISTRATIVE
PROCESSING UNDER 221(g) AT A CONSULAR POST
By: Michael Phulwani, Esq., David H. Nachman, Esq. and Rabindra K. Singh, Esq.
Upon approval of H-1B petition by the USCIS[ii], foreign nationals residing abroad may need to
go to the U.S. Consulate/Embassy to get an H-1B visa stamped into their passport before they
can travel to and enter the United States. Before going for the visa interview, it is very important
for a visa applicant to understand the purpose of the visa interview, the discretionary powers
vested in the Consular Officers, and most importantly the kind of fraud, technical violations
and/or misrepresentation that could result in visa refusal or administrative processing.
First and foremost, it is very important to understand that although Consular Officers cannot re-
adjudicate petitions approved by the USCIS, Consular Officers can certainly review the petitions
to determine the eligibility of visa applicants. Consular Officers, thus, are vested with wide and
discretionary powers. Till date, there is no set mechanism in-place by which a foreign national,
applying for a visa abroad, can challenge a Consular Officer's unfavorable exercise of discretion.
To be specific, Consular Officers derive such broad discretionary powers through section 221(g)
of the Immigration and Nationality Act (INA). A quick glimpse at Section 221(g) provides the
factors that may form the basis of visa refusals or administrative processing. In simple layman
terms, the statements in the application or in the papers submitted therewith may trigger visa
denial[iii]. Further, a Consular Officer may determine that the application does not comply with
the INA or regulations[iv]. If that happens then Consular Officers is bound to explain clearly "...
what documents or other evidence is needed, or what procedural step needs to be completed
(e.g., case being submitted to the Department for advisory opinion ...)."[v].
Additionally, a Consular Officer may refuse to issue visas if s/he "knows or has reason to
believe" that the foreign national is ineligible to receive a visa. Interestingly, although "Reason to
believe" is an objective determination based upon facts or circumstances which would lead a
reasonable person to conclude ineligibility[vi], it can be formed through hearsay evidence.
In certain cases the final determination about visa can put on-hold pending "administrative
processing" The Foreign Affairs Manual (FAM) defines "administrative processing" as clearance
procedures or the submission of a case to the Department of State (DOS)[vii]. The same FAM
guidance counsels Consular Officers not to reveal to visa applicants the specific reason for
administrative processing in a given case[viii].
Further, there is no strict timeline specified for administrative processing resolution. Even though
the DOS Administrative Processing webpage informs us that most administrative processing is
resolved within 60 days of the visa interview[ix], it is very difficult to confirm this claim. In
other words, clients whose visa applications are subjected to administrative processing could end
up waiting significant amount of time (often in excess of 60 days) until the administrative
2. processing is completed and visa is finally issued. In some cases, the administrative processing
of the case can take up to two (2) years.
Types of Fraud, Technical Violations, and/or Misrepresentation That May Trigger
Administrative Processing/Visa Refusal at Consular Posts
Understanding the kind of fraud, technical violations, and/or misrepresentation may help avoid
the visa refusals or administrative processing at the Consular Posts abroad. Listed below are
some typical violations, fraud or misrepresentations that could trigger administrative
processing/visa refusal:
• H-1B employer required the beneficiary to pay the ACWIA fee[x] or deducted certain fees
associated with filing the I-129 petition, effectively lowering the beneficiary's wages to less than
the required prevailing wage;
• Employer failed to pay the beneficiary at least the prevailing wage for the particular occupation
in the specific geographical location, as noted and attested to on the LCA filed with DOL;
• Beneficiary was working in a geographical location not covered by a valid Labor Condition
Application (LCA) filed with Department of Labor (DOL);
• The employer placed the beneficiary in a non-productive status, commonly referred to as
"benching"[xi] (where the beneficiaries are not paid or paid less than the full hours specified on
the petition), when work was not immediately or continuously available;
• Business did not exist, no evidence of daily business activity, the business location was unable
to support the number of employees claimed, or there was no evidence that the employer ever
intended for the beneficiary to fill the actual job offered;
• Educational degrees or experience letters submitted were confirmed to be fraudulent;
• Signatures had been forged on supporting documentation; and
• Beneficiary performing duties that were significantly different from those described on the
LCA and I-129 petition.
Primary Fraud or Technical Violation Indicators
In addition to the typical violations such as fraud or misrepresentations that could trigger
administrative processing/visa refusal, there are certain primary fraud or technical violation
indicators (factors) that Consular Officers always remains on lookout. Results of a study
conducted by the Office of Fraud Detection and National Security (FDNS)[xii] in collaboration
with USCIS indicated that H-1B petitions filed for accounting, human resources, business
analysts, sales and advertising occupations are more likely to contain fraud or technical
violation(s) than other occupational categories. The following is a list of primary fraud or
3. technical violation(s) indicators that potentially could contribute to administrative
processing/visa refusal at a U.S. Consulate office abroad.
• Firms with 25 or fewer employees have higher rates of fraud or technical violation(s) than
larger-sized companies.
• Firms with an annual gross income of less than $10 million have higher rates of fraud or
technical violation(s) than firms with an annual gross income greater than $10 million.
• Firms in existence less than 10 years have higher incidences of fraud or technical violation(s)
than those in existence for more than 10 years.
• Beneficiaries with only bachelor's degrees had higher fraud or technical violation(s) rates than
did those with graduate degrees.
In conclusion, having an approved petition by the USCIS is not a guarantee that a foreign
national will get an H-1B visa at the Consular Post abroad. As previously stated, Consular
Officers have wide discretionary powers pertaining to visa issuance. Not only that, there is no set
mechanism to challenge the Consular Officer's unfavorable exercise of discretion. While
"Consular Nonreviewability" is presently being challenged in Federal Courts, the issue is still far
from being resolved.
To avoid visa refusal or elongated administrative processing, H-1B visa applicants and
prospective H-1B employers should take into consideration the type of fraud, technical
violations, and/or misrepresentation that could result in such decisions and prepare accordingly.
More so, because small organizations, new organizations or organizations reporting a certain
level of annual gross income are always on the radar of Consular Officers as to fraud/technical
violations, visa applicants should prepare well in advance and carry as many supporting financial
or corporate documents as they can to prove that the petitioning company is not a shell business.
[i] This is part VIII of an VIII part series - ABCs of H-1Bs
[ii] Department of Homeland Security agency responsible for adjudication of visa
petitions/applications.
[iii] INA §221(g)(1), 8 U.S.C. §1201(g)(1), 22 C.F.R. §41.121; 9 FAM 41.121.
[iv] INA §221(g)(2), 8 U.S.C. §1201(g)(2).
[v] Cable, DOS, 97-State-12958 (June 18, 1997)
[vi] 22 C.F.R. 40.6.
4. [vii] 9 FAM Appendix E, 404
[viii] Posts should not inform interested persons, including attorneys, that a case has been
referred to the Department for a name-check or an advisory opinion..."
[ix] Administrative Processing Information,
http://travel.state.gov/visa/a_zindex/a_zindex_4353.html
[x] Pursuant to the American Competitiveness and Workforce Improvement Act (ACWIA),
employers are required to pay an additional fee (commonly referred as ACWIA fee) of $750 or
$1,500 unless exempt under Part B of the H-1B Data Collection and Filing Fee Exemption
Supplement.
[xi] "Benching" occurs when an employer temporarily decides to place a beneficiary in
nonproductive status without pay, or with reduced pay, during periods of no work. It should be
noted that even H-1B workers without a current work assignment (i.e., benched) must be paid the
prevailing wage.
[xii] a Division of the National Security and Records Verification (NSRV)