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Volcanic Ash and I-94: How USCIS will Handle Stranded Tourists
Written by Jordana Hart   
Tuesday, 20 April 2010

The South Florida chapter of the American Immigration Lawyers Association (AILA) has inquired as to how the Miami District Office of the U.S. Citizenship and Immigration Services (USCIS) will handle airline passengers on Visa Waiver with expiring I-94 Arrival/Departure Records who cannot leave the U.S. on time because they are stranded  due to flights grounded by the volcanic ash over Europe.  

The local USCIS offices intend to grant Satisfactory Departure or "SD" for 30 days to stranded travelers on Visa Waiver, who normally have 90 days to remain in the U.S. Individuals in this situation should make an InfoPass appointment at https://infopass.uscis.gov/info_en.php. If no appointments are available, the local USCIS offices will take walk-ins on an emergency basis.  The individuals should bring their passport and green I-94 card and ask to speak with a supervisor so that they can be assisted.  The person’s I-94 will be annotated with “Satisfactory Departure granted until (dd/mm/yy)".  

When the individual turns in the I-94 upon departure from the U.S., the annotation will be inputted into the computer system and the person is not considered to have overstayed so long as they depart within the extended time authorized.  It is advised that travelers make a copy of the front and back of their I-94 for their records prior to them departing the U.S.

Note that all other visitors in the U.S. with tourist (B-1/B-2) visas whose I-94 period of stay is expiring and who can't leave due to the volcanic ash must file Form I-539 with USCIS to extend their stay in order to legally remain past their I-94 date. The form must be received by USCIS prior to or on the I-94 expiration date and extensions can be granted for up to 6 months. The act of filing timely - and not the approval itself - keeps the applicant in valid status while the application is pending.

 

Last Updated ( Tuesday, 20 April 2010 )
 
First USCIS Report on H-1B Filings
Written by Jordana Hart   
Friday, 09 April 2010

The U.S. Citizenship and Immigration Service (USCIS) is reporting that, as of April 9, it had received a total of 13,500 H-1B petitions counted toward the cap, or limit, of 65,000 H-1B visa numbers. USCIS also received 5,600 petitions for workers with advanced degrees that are counted against a separate Masters degree cap of 20,000.

The end date for filing H-1B petitions depends on the volume of cap cases received by the USCIS. The experience in FY10 was far different from that of FY08 and FY09 when the cap was not only reached by end of business on April 1, but exceeded the cap by a huge margin. The USCIS had to institute a lottery to randomly select the requisite number of H-1B cases for processing - and reject the rest. It is expected that FY11 - characterized by continuing high unemployment among U.S. workers - will be similar to FY10, when H-1B filings continued until the cap was reached on December 21, 2009.

All cases received before April 7, 2010 have an April 7, 2010 receipt date, says USCIS. Those received on or after April 7, 2010 will bear the actual receipt date. For petitions submitted under fast-track Premium Processing, the 15-day processing period will start on April 7, according to USCIS.

There are a total of 65,000 H-1B cap visas available, minus 6,400 available to citizens of Singapore and Chile under treaties with the United States. There is a separate cap of 20,000 visas for workers with Masters or more advanced degrees. The popular H-1B visa is available to foreign professionals who hold at least a Bachelor degree and are offered a professional position by a U.S. employer.

Last Updated ( Friday, 09 April 2010 )
 
FL workforce agency publishes latest TEAs for EB-5 investor visa program
Written by Jordana Hart   
Wednesday, 17 March 2010
The Florida Agency for Workforce Innovation published the latest unemployment statistics designating Florida counties, cities, and census tracts as either rural or high unemployment for EB5 (investor visa) purposes.

A TEA designation (Targeted Employment Area) is based on an unemployment rate that is 150% above the national average, or is a rural area outside of a metropolitan statistical area. This designation allows an investor to invest $500,000 under the EB5 program as opposed to $1 million.

Of note, the entire city of Hialeah is a TEA. In Miami-Dade County, the census tract with the highest rate of unemployment went from 20.2% to 33.1%.

Go to http://www.floridajobs.org/ for more information.
 
Last Updated ( Wednesday, 17 March 2010 )
 
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