H1B Visa News Update & Issues

So there hasn’t been to much extra news about the upcoming H1B visa season from either official channels like the USCIS or the news media in general. The opening date for accepting H1B visa applications is Thursday April 1, 2010.

The one important thing to note that has been noted by the USCIS in March relates to the approved Labor Condition Application from the Department of Labor. This must be filed as a supporting document to your H1B visa petition to the USCIS in an approved status or the application will automatically be rejected. As a temporary measure late last year, the USCIS briefly allowed H1B visa petitions to be filed with this document still pending and then filed subsequently. That was a temporary measure and no longer applies.

There has been little indication from the general media and the hiring environment as to whether the H1B visa quota will be exhausted quickly or take longer as it did last year to fill up fully. However given that the US employment market has stabilized and may in the professional services sector (where the H1B visa is most prevalent) are seeing openings increase, this may well be the calm before the storm. It is definitely better to be prepared early.

Finally we just we would clear up a couple of common questions we are getting this H1B visa season. The H1B visa itself, work authorization period will begin on October 1, 2010. This is a fixed date and cannot be brought forward and relates to the start of the US Immigration year. So regardless of when you receive approval, if you are not legal in the US under another current status (i.e. F1 Visa OPT), then you have to exit the US, apply for the H1B visa overseas and then re-enter after October 1.

Also it is true in most cases, non-profit organizations, government organizations and higher education institutions do not count towards the 65,000 general H1B quota cap or the 20,000 US based advanced degree addition.

Good Luck,

CJ

DNA Testing May Be Required For US Immigration

History clearly tells that immigration was not as we know it today. For many, being a citizen of the United States came naturally when their forefathers walked into the country via the New York Harbor. More than twelve million migrants have been assessed and permitted to walk in to the United States in the last sixty two years since the country’s immigration department has offered its services. This is as per the Statue of Liberty – Ellis Island Foundation. These immigrants had to undergo a physical examination which was followed by identity verification. Of these, around ninety eight percent were granted permission to enter the country.

The concept of DNA testing was alien to the authorities then. The Bureau of Immigration was accountable for matching identities and ensuring that the right people have been allowed to pass through. They had to question the migrants and contrast their answers with the questionnaire that has been filled in prior.

However, with changing times and with the advent of technology, the mode of assessment has become sleeker than ever. With this, the department also emerged to be known as the United States Citizenship and Immigration Services or commonly known as the USCIS. Today, the USCIS asks for a proof that could be verified better for an individual’s identity before granting a permit to enter.

Today, there are many ways to gain a permit to enter the United States. One such method is through having family relations. Immediate blood relatives such as those of parents, siblings or children who are US citizens could be verified for. In such a case, the US citizen is known as the petitioner and the foreign relative is called as the beneficiary. Here, evidence proving the relationship between the petitioner and beneficiary has to be produced. This proof can be in the form of birth certificates, census or school records or any form of documentation which is relevant.

It is also agreed that there are instances where it is difficult to find any form of documentation. In fact, a fire led to the complete destruction of the first ever immigration records that were stored at the Ellis Island processing facility. Records that have been lost or misplaced due to natural disasters or due to negligent officials are common.

To cater to the above problem, the USCIS has come up with a more sound system of identity verification. And so came in the concept of DNA testing to state a particular blood relationship.

No other form of assessment can be better at judging the blood ties between any two individuals. Any accredited laboratory under the American Association of Blood Banks is capable of proving the relationship with an accuracy of ninety nine percent. Thus, a DNA test is best form of testing which makes the process of verification very precise. This test is required as evidence in case of sponsoring foreign nationals.

The test is a painless process where in a sample of the petitioner and the beneficiary’s DNA is taken. These samples are tested at specific laboratories that are designated by the USCIS. The results are then forwarded to the office of the Homeland Security. These reports act as proof for both the USCIS and the Department of State to verify the applicants.


Guest Post Author
Ajay Sharma