Articles in Category: Immigration

Immigration News Update

on Friday, 07 September 2012. Posted in News, Immigration

Immigration News Update

Georgia to issue Driver's License to young immigrants who are granted Deferred Action.
Federal Court issued decisions on Georgia's Anti-Immigration Law, HB 87
The State of Arizona declines to issue temporary Driver's License and other state benefits to young immigrants granted Deferred Action.
The State of Nebraska declines to issue temporary Driver's License and other state benefits to young immigrants granted Deferred Action.
US Embassy in India released checklist to help determine whether nonimmigrant visa in-person interview can be waived.
USCIS reaches 10,000 U visa approved in the fiscal year 2012

Details for Filing Deferred Action for Childhood Arrivals on August 15, 2012!

on Friday, 03 August 2012. Posted in Family Based Immigration, News, Immigration

Details for Filing Deferred Action for Childhood Arrivals on August 15, 2012!

Published by Lucy Lu & Associates LLC, 3475 Lenox Road, Suite 730, Atlanta, GA 30326. Phone: 1.404.343.7166 or This email address is being protected from spambots. You need JavaScript enabled to view it. .

Today, August 3, 2012, the U.S. Citizenships and Immigration Services (USCIS) announced that it would accept filing of deferred actions for childhood arrivals starting on August 15, 2012. The USCIS finally implemented the details for deferred action after President Obama issued the executive order on June 15, 2012!

Contact us today to determine whether or not you qualify for this program, and to begin the process to have your applications ready for submission on August 15, 2012.

Instruction Letter

on Wednesday, 02 May 2012. Posted in Employment Based Immigration, Immigration

Instructions for Preparing the Information Needed by Our Office in Support of Your Petition

Type of Evidence

The types of evidence submitted in support of your application fall into three categories: testimonial (reference letters that explain your achievements and their significance in your field), corroborating (copies of documentation that established your achievements, such as publication or awards), and petition letter explaining your eligibility for the petition seeking.

Schedule A Occupation

on Wednesday, 02 May 2012. Posted in Employment Based Immigration, Immigration

Schedule A is a list of occupations, set forth at 20 CFR 656.15, for which the Department has determined there are not sufficient U.S. workers who are able, willing, qualified and available. In addition, Schedule A establishes that the employment of aliens in such occupations will not adversely affect the wages and working conditions of U.S. workers similarly employed.

The occupations listed under Schedule A include:

Memo for PERM Process

on Wednesday, 02 May 2012. Posted in Employment Based Immigration, Immigration

Labor Certification Application Processing Under PERM

This memorandum summarizes the labor certification process and identifies the steps we need to take in order to prepare the Labor Certification Application, and ultimately obtain the "green card" (lawful permanent residence).

In order for an employer to obtain an immigrant visa for an employee (as a sponsor), United States law requires that the employer apply for a certification from the Department of Labor ("DOL") that there are no U.S. workers qualified to fill the foreign national's position and that the employment will not adversely affect the wages and working conditions of U.S. workers in similar positions. This "labor certification" process is accomplished by recruiting to fill the open position and filing an Application for Alien Employment Certification (ETA‑9089) with DOL.

EB-5 Regional Centers List

on Wednesday, 02 May 2012. Posted in Employment Based Immigration, Immigration

List of EB-5 Regional Centers

The following is a list of current EB-5 (immigrant investor) regional centers by state updated on February 24, 2010. The list will be periodically updated. We caution that new regional centers are approved and amendments and contact information change for approved regional centers all the time and without warning. The following list is as current as the information provided by the U.S. Citizenship and Immigration Services and other public information. It is better to check with our firm or the regional center directly for the latest information.

Memo for L-1 Work Visa

on Wednesday, 02 May 2012. Posted in Employment Based Immigration, Immigration

L-1 Visa for Intracompany Transferees

This memorandum summarizes and outlines the L-1A nonimmigrant visa process.
L‑1 VISA PROCESS AND PROCEDURE

The L‑1 visa status is issued to an executive or manager of a company which has employed the foreign national abroad for at least one year prior to entry into the United States, and who is coming to the U.S. to accept a management/executive position with an affiliated company based in the United States.

The L‑1 visa category may also be available to employees of the foreign company who possess "specialized knowledge" essential to the business.One of the main advantages of the L‑1 visa is that it usually facilitates international travel and it can be obtained in a relatively short time (currently 3 to 6 weeks from the date the petition is submitted to the Immigration Service for processing).

New Export Control Certification Requirement on Work Visa Applications

on Wednesday, 02 May 2012. Posted in Employment Based Immigration, Immigration

Beginning on February 20, 2011, the U.S. Citizenship and Immigration Services ("USCIS") will require that all employers who wish to submit a Petition for Non-immigrant Worker use an updated version of Form I-129. The new Form I-129 requires U.S. employers to certify their compliance with U.S. export licensing requirements when petitioning for H1B, H1B1, L-1, and O1A visa classifications on behalf of employees. Among other things, the new form requires employers to certify under penalty of perjury their compliance with the U.S. export control laws and regulations. Specifically, employers will have to certify that they have (1) reviewed the Export Administration Regulations ("EAR") and the International Traffic in Arms Regulations ("ITAR") and (2) determined whether a license is or is not required before the foreign employee can have access to controlled products or technology.

The two primary sets of U.S. Export Control Laws – EAR, which control all commercial items such as software, medical devices, semiconductors, and computers; and ITAR, which control items specifically designed, developed, configured, adapted, or modified for a defense or intelligence applications – have jurisdiction includes the release of technology or technical data for the development, product, or use of U.S.-origin items to foreign persons in the United States. The term "release" is broadly defined and can occur through visual inspection (such as computer networks), verbal exchanges, or the application abroad of personal knowledge of technical experiences acquired in the United States. A "foreign national" is anyone who is not a U.S. citizen or permanent resident. Anyone holding a temporary visa is treated as a foreign national for these purposes. This includes foreign students seeking advanced degrees from U.S. universities, and any foreign person conducting research at U.S. universities or their affiliates.

Applying for a U.K. visa in the United States

on Wednesday, 02 May 2012. Posted in Employment Based Immigration, Immigration

This page explains how you can apply for a visa to come to the UK if you are currently in the USA.

When to apply

You can apply for a visa up to 3 months before your date of travel to the UK. We strongly advise you not to confirm your travel arrangements until you have received your visa. To find out how long we usually take to process your type of visa, go to the Visa processing times at the UK Border Agency page.

Before you apply

Before you apply, you must:

  • prepare the supporting documents that you will need;
  • be ready to enrol your fingerprints and photograph (known as biometric information) at one of the Application Support Centers run by the US Citizenship and Immigration Services (unless you are exempt from this requirement);
  • be ready to send your valid original passport or travel document and supporting documents to the UK Border Agency in the USA.

The Strict Rules Regarding Marriage Fraud

on Wednesday, 02 May 2012. Posted in Family Based Immigration, Immigration

US immigration law contains very strict provisions regarding fraudulent marriages. If an individual is found to have entered into a fraudulent marriage, all subsequent visa petitions on behalf of that person must be denied. There is no room for discretion in this draconian aspect of the law. This issue may arise for individuals who have filed a green card application in the past based on marriage to a US citizen, subsequently are divorced and later wish to file a green card application based on marriage to another US citizen on based on an employment petition. If the first petition was denied because of suspected marriage fraud, the subsequent petition will often be summarily denied.

The strict language of the marriage fraud laws may lead one to believe that there is no relief from such a summary denial. However, case law and regulations provide some protection for those facing a prior finding of marriage fraud. Perhaps in recognition of the serious consequences of a finding of marriage fraud, the Board of Immigration Appeals has held that the prior finding must be examined and not merely accepted as the final word. Where the USCIS fails to follow to the Board's guidance on this issue, it is possible to challenge what may appear to be a decision set in stone.

Process for Fiancé Visa (K-1)

on Wednesday, 02 May 2012. Posted in Family Based Immigration, Immigration

A fiancé(e) is a person who is engaged or contracted to be married. The marriage must be legally possible according to laws of the state in the United States where the marriage will take place.

In general, the two people must have met in person within the past two years. The Department of Homeland Security's U.S. Citizenship and Immigration Services (USCIS) grants some exceptions to this requirement. For example, it may be contrary in some traditions for a man and woman to meet before marriage.

Sometimes the USCIS considers a person a 'fiancé(e)' even though a marriage contract has been concluded. In such cases, the American citizen petitioner and his/her spouse have not met, and they have not consummated the marriage.

If you are an American citizen and you want your foreign fiancé(e) to travel to the United States to marry you and live in the U.S., you must file Petition for Alien Fiancé(e) in the United States.

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