Tag Archives: uscis

H1B Visa November Update

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You may remember from our October H1B Visa update for FY2010 that the USCIS reported that were going to continue to accept H1B visa petitions until the H1B visa quota for the year has been exhausted.

The latest USCIS update for the quota was released on November 6, where the reported receiving 54,700 H1B visa petition filings on top of the already 20,000 approved advance degree cap exemption filings. The annual quota is of course 65,000 for the main group so there is still at least 10,000 visas available and probably a fair number more as many of the H1B visa petitions will be denied or revoked.

The other major update the USCIS released for the H1B visa for November is that due to the Department of Labor (DOL) having a major backlog and delays with certifying and issuing the approved Labor Condition Application (LCA) which is need prior to filing the H1B visa petition with the USCIS.

For the next 120 days from November 5 2009, through March 10, 2010 (or whenever the cap is exhausted), the USCIS will accept H1B visa petitions even without the approved LCA from the DOL if it has been filed at least 7 days prior to sending the petition to the USCIS. The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA to prove this when filing with the USCIS without the approved LCA.

Following this H1B visa applicants and the prospective sponsor employers who make use of this temporary flexibility in the normal filing procedures for H-1B visa petitions must wait until they receive a request for evidence (RFE) before they submit the DOL approved LCA to USCIS in support of the H-1B visa petition.

The USCIS will give petitioners a period of 30 calendar days within which they must send in a DOL certified LCA in response to the RFE.  Ultimately the USCIS will only approve H-1B visa petitions that include certified approved LCAs.

The most interesting thing has been since the October 1 (i.e. the start of the new US Immigration year), the rush of applicants and companies filing for the H1B visa meaning the job market is seeming picking up for college educated folks despite the 26 year record high 10.2% unemployment rate nationally.

Actually if you look at the following NY times interactive chart for unemployment you can easily see how not all groups are effected equally and the market for laid off H1B visa workers, F1 Student visa graduates and foreigners wanting to work in the US in general may be looking up finally 🙂

Good Luck,
CJ

Green Card Interview Questions & Preparation for Spouses

Green Card & Citizenship, Guest Posts, , , , , , , , , , , ,

This post is particularly helpful for the K1 Visa for Fiances and K3 Visa for Marriage.

If you or your spouse/fiance are applying for a green card in the United States, you will undoubtedly participate in the green card interview. This famously strict and regimented process is where a USCIS consular officer asks the newly-wed, or soon to be wed, couple a series of questions. This is something you will need to be prepared for in several ways, not just in the consistency of your answers but ensuring you are providing all the requested documentation. By arming yourself with knowledge and learning as much as you can about the process, you will become more comfortable with the fact that the USCIS is going to dig deep during this question and answer session.

A big part of understanding the green card interview is having a glimpse of the types of questions you will be asked. Of course there is no set number of questions or any specific questions that can be studied. Mostly it will be based off of each individual circumstance with the focus on your relationship and living situation. These will get personal so rule number one is keep an open mind. Some of the question categories may consist of the following:

1. The plans you and your spouse or fiance have for the future
2. Detailed questions regarding the veracity of undergoing the green card process
3. You interests, hobbies or pastimes that you enjoy
4. How you met your spouse or fiance
5. Your work history and current work situation
6. Just about any question pertaining to your life and your relationship

The USCIS consular officer’s main goal is understanding your relationship and working to ensure the marriage is valid. The questions they ask may not seem to have any rhyme or reason, but it is an effort to ensure there are consistent answers from both partners. These questions will get very detailed regarding your personal relationship. Remember that the green card interview questions are in place to ensure no one is abusing the system. Simple inconsistencies or dishonesty are what the consular officer is trying to uncover during your interview.

If you or your spouse answer questions posed during the green card interview in a contradictory way, the consular officer may become concerned and may ask even more pointed questions. It is critical to answer every question as honestly and openly as possible; being deceptive can backfire in a really big way. When you apply for a green card, you are making a promise that the marriage you’ve entered it to has been done in good faith. The INS works to protect its interests – and the interests of the United States government – by weeding out situations where a marriage has been entered in to strictly for the purpose of getting a green card.

Not only do you want to ensure you are answering all questions honestly and openly, you want to be prepared with all the right documentation. Part of the green card interview questions may be focused on asking for specific documents. You should have received a request for documentation when your interview was arranged. These documents are critical to bring with you on the day of the interview. Please be sure to review this list as often as you can and certainly prior to your interview that day. Failing to provide just one of these requested documents can cause major delays in your application for a green card and may even place your chances of getting a green card in question.

Of course, each individual is different from the next, but there is a general list of the types of documents you may be requested to bring with you on your interview day. It is always a good idea to be thorough and check with your local office as well. This way you can be sure one, you understand what you need to bring and two you double check your appointment date and time. The common items requested for the green card interview are:

1. Your green card appointment letter
2. Your passport that will be valid for at least the next six months
3. Alien registration form DS-230 and your application for green card
4. Birth certificates
5. A marriage certificate, if applicable
6. Divorce certificates
7. Two front view – and recent – photographs
8. Any relevant USCIS documentation
9. Death certificates

The best idea to ensure that you are completely ready for your interview is to create a checklist. On it, list all of the documents that you must bring and check them off as you compile them. Include some of the sample questions that might be asked, and practice answering them before going to your interview. Be sure to go through the checklist with your spouse or fiancee to ensure that the two of you are completely ready for the big day.


Guest Author

Sutton Hartnet