Saturday, September 29, 2007

K-1 Fiancee Visa Overview

K-1 Fiancee Visa Definition

The Immigration and Nationality Act provides a nonimmigrant visa classification "K-1" for aliens coming to the United States to marry American citizens and reside here.

K-1 Fiancee Visa APPROXIMATE PROCESSING TIME

30-120 days

K-1 Fiancee Visa PETITION

To establish K-1 visa classification for an alien fiancée, an American citizen must file a petition, Form I-129F, Petition for Relative or Fiancée, with the United State Citizenship and Immigration Service (USCIS) having jurisdiction over the place of the petitioner's residence in the United States.

Such petitions may not be adjudicated abroad.

The approved petition will be forwarded by USCIS to the American consular office where the alien fiancée will apply for his or her visa.

A petition is valid for a period of four months from the date of USCIS action, and may be revalidated by the consular officer.

K-1 Fiancee Visa VISA INELIGIBILITY/WAIVER

Applicants who have a communicable disease, or have a dangerous physical or mental disorder; are drug addicts; have committed serious criminal acts, including crimes involving moral turpitude, drug trafficking, and prostitution; are likely to become a public charge; have used fraud or other illegal means to enter the United States; or are ineligible for citizenship, must be refused a visa.

The two-year foreign residency requirement for former exchange visitors is also applicable. If found to be ineligible, the consular officer will advise the applicant if the law provides for a waiver.

K-1 Fiancee Visa APPLYING FOR A Fiancee VISA

Upon receipt of an approved petition, the American consular officer will notify the beneficiary and give him or her the necessary forms and instructions to apply for a "K" visa.

Since a fiancée visa applicant is an intending immigrant, he or she must meet most of the same documentary requirements of an immigrant visa applicant.

In addition to the prescribed application forms, the following documents are normally required:

Valid passport

Birth certificate

Divorce or death certificate of any previous spouse

Police certificate from all places lived since age 16

Medical examination

Evidence of support

Evidence of valid relationship with the petitioner

Photographs

K-1 Fiancee Visa OTHER DOCUMENTATION

Both petitioner and beneficiary must be legally able and willing to conclude a valid marriage in the United States.

The petitioner and beneficiary must have previously met in person within the past two years unless the Attorney General waives that requirement.

As soon as the processing of a case is completed and the applicant has all necessary documents, a consular officer will interview the fiancée.

If found eligible, a visa will be issued, valid for one entry during a period of six months.

A non-refundable application fee is collected at posts which issue machine-readable visas.

K-1 Fiancee Visa U.S. PORT OF ENTRY

The marriage must take place within 90 days of admission into the United States.

Following the marriage, the alien spouse must apply to the USCIS to establish a record of entry for conditional permanent residence status.

After two years, the alien may apply to the USCIS for removal of the conditional status.

K-1 Fiancee Visa ADDITIONAL INFORMATION

Family Members

The unmarried, minor (under 21) children of a K-1 beneficiary derive "K-2" nonimmigrant visa status from the parent so long as the children are named in the petition.

A separate petition is not required if the children accompany or follow the alien fiancée within one year from the date of issuance of the K-1visa.

Thereafter, a separate immigrant visa (I-130) petition is required.

A Guide to Fiancee Visa Processing

Terminology:

Fiancee - The term Fiancee will be used to include both male and female prospective spouses

USCIS - The United State Citizenship and Immigration Service

Petitioner - The U.S. citizen who files a petition with an USCIS office in the United States on behalf of a Fiancee asking that he or she be admitted to the United States for the purpose of marriage

Petition - USCIS form I-129(F) “Petition to Classify Status of Alien Fiancee or Fiancee for Issuance of Nonimmigrant Visa”

Beneficiary - The Fiancee named in the petition

K-1 Visa - The visa category for the Fiancee of a
U.S. citizen

K-2 Visa - The visa category for the minor children of a K-1 visa holder

Packet 3 - Information that the Embassy sends to your Fiancee, which specifies the documents that must be obtained and presented at the visa interview

Packet 4 - Information that the Embassy sends to your Fiancee setting an appointment date and explaining how to obtain the required medical examination

First Step -- Filing the Petition

To begin the K-1 process, you file a petition at the Immigration and Naturalization Service (USCIS) office having jurisdiction over your current or intended residence in the U.S.

There is a filing fee of $165 for the petition.

The children of your Fiancee must be listed in the petition even if they will not be traveling at this time.

USCIS sets the requirements for petition approval.

Petitions for K-1 visas cannot be filed or approved outside the United States.

You must present the following supporting documentation
with your petition:

Evidence that you are an American citizen, such as your Birth Certificate or Naturalization Certificate.

Proof of termination of any prior marriages of the petitioner and beneficiary, such as a divorce decree or death certificate.

Evidence that you have met your Fiancee and evidence of your relationship, such as airline tickets, visa stamps, hotel receipts, and dated photos.

Any documents in a foreign language should be accompanied by an English translation.

This documentation confirms your identity and that of your future spouse and proves that both of you are legally free to marry.

You must prove have met your Fiancee face to face during the two years prior to the filing of the petition.

USCIS will notify you when they have approved the petition and will send it the State Department, who perform a background check, and then forward it to the U.S. Embassy for final processing.

It often takes four to 12 weeks for a petition to reach the Embassy from the USCIS (then the State Department), sometimes longer.

Second Step -- When Your Petition is Approved

USCIS will notify you when they have approved the petition and will send it the State Department, who perform a background check, and then forward it to the U.S. Embassy for final processing.

Each American Embassy may process the K-1 Visa process differently. Click here for a List of American Embassies.

Your petition is valid for four months, but can be extended by the Embassy if a visa cannot be issued during that period and the intention to marry still exists.

Third Step -- Processing the Provisional Case

For all cases the American Consulate must send a name check cable that requires a reply from the FBI.

When the embassy receives the file from the State Department, they send a Packet 3 to the beneficiary.

The Packet 3 tells the applicant what documents he or she must collect prior to the visa interview.

Packet 3 asks your Fiancee to assemble the following documents:

Valid passports for the beneficiary and any dependent children.

Birth certificates for the beneficiary and any dependent children.

Proof of termination of any prior marriages.

A police certificate from the current place of residence of the beneficiary, as well as from any place or places of residence for 6 months or more since attaining the age of 16.

Police certificate(s) for any dependent children over 16

Original documents bearing the signatures and seals of the issuing authorities are required.

Any documents in a foreign language should be accompanied by an English translation.

When your Fiancee has collected all the documents specified in Packet three, he or she should notify the Embassy by returning the form in Packet 3 (Optional Form 169) certifying that all required documents have been obtained.

Fourth Step -- Scheduling an interview

The Embassy will send out Packet 4 explaining the process of obtaining medical exams and scheduling an appointment for a visa interview when we have received
the following items:

The actual approved petition from USCIS

Clearances from the required name checks

A signed OF-169 from the beneficiary

The Embassy will usually accept a faxed copy of OF-169.

The Embassy will consider requests for interview scheduling on the basis of official telegraphic notification from USCIS of petition approval on a case- by-case basis.

In cases where the request is granted, the Embassy may request additional information from you regarding your marital history and the history of your relationship with your Fiancee.

Packet 4 contains an appointment date and instructions on where to go to complete the medical examination.

The medical exams must be performed by one of the physicians identified in Packet 4.

Applicants should bring their vaccination records to the medical exam and may be asked to have additional vaccinations at that time.

In addition to mailing Packet 4, we will, upon request, notify by fax attorneys of record or interested petitioners not represented by an attorney that Packet 4 has been sent and an appointment date has been set.

This request should be included in the original fax sent to the Embassy asking us to open a provisional case.

Fifth Step -- The Visa Interview

On the date of the appointment your Fiancee should come to the Immigrant Visa section of the Embassy.

Minor children under 14 do not need to attend the interview.

Your Fiancee will need to fill out a Nonimmigrant Visa Application (OF-156) in duplicate, as well as a supplement to form DS-156 required in K visa cases.

Each dependent child will also need Nonimmigrant Visa Applications in duplicate. Original documents, not copies, should be brought to the interview.

Originals of primary documents, such as birth, marriage, and death records, will be returned to the applicant after the interview.

Your Fiancee will be asked to present:

Valid passports for the beneficiary and any dependent children

Birth certificates for the beneficiary and any dependent children

Proof of termination of any prior marriages of both petitioner and beneficiary

Police certificate(s) for the beneficiary and any dependent children over 16 years of age

Vaccination results for the beneficiary and any dependent children

Medical exam results for the beneficiary and any dependent children

Proof of adequate financial support once in the United States to ensure that your Fiancee and dependent children will not become public charges.

Supporting documentation verifying the relationship between the petitioner and beneficiary

Documentation regarding financial support can be in any form so long as it contains enough detail and information for the consular officer to conclude that the beneficiary will not become a public charge.

After a consular officer has reviewed the case, your Fiancee will be interviewed.

The consular officer will ask your Fiancee questions about your relationship, such as how you met and when you decided to marry.

The consular officer is required by law to verify that your relationship with your Fiancee is real and that you do intend to marry within 90 days of your Fiancee’s arrival in the United States.

Your Fiancee will be required to sign a statement regarding his or her legal capacity to marry and intention to marry.

Provided everything is in order at the time of the interview, your Fiancee will receive a visa the same day.

Your Fiancee and each dependent child will pay a non- refundable machine-readable-visa fee on the day of the interview.

Supporting documentation, including the K petition, birth certificate, Nonimmigrant Visa Application, and medical exam will be placed in a sealed envelope and given to the applicant for presentation to USCIS at the port of entry.

http://www.usavisanow.com/

Tuesday, September 25, 2007

British Embassy in UAE announces "important changes to UK visa process (UPDATE)

Abu dhabi, sep. 23rd, 2007 (wam)---All applicants in the uae will now need to submit their applications in person at the visa application centres in Dubai and Abu Dhabi rather than applying at the British Embassy, said the British Embassy in United Arab Emirates on its official website adding that the changes take effect from 26 september 2007.

The Embassy said these changes are part of the global roll-out of Visa Application Centres and biometrics by the UK Government. So far these changes have been implemented in over 100 countries. 'All UK visa applications will be made at the UK Government's new visa application centres in Abu Dhabi and Dubai, and not at the British Embassies.' Applicants will also need to provide their biometric data when they apply", it stated. "This data will be collected by our partner, Visa Facilitation Services (VFS), but will be treated in full confidence, processed and disclosed in accordance with UK data protection legislation." "During the transition between 21 and 25 september we will not be able to process routine applications', explained the british embassy.

Article originally published by WAM (Emirates News Agency) 23-Sep-07

Sunday, September 23, 2007

IMMIGRANT NUMBERS FOR OCTOBER 2007 (US EMBASSY)

A. NUMBER OF IMMIGRANT VISAS AVAILABLE

1. This bulletin summarizes the availability of immigrant visas during OCTOBER 2007. Only applicants who have a priority date earlier than the cut-off date may be issued an immigrant visa during this month.

2. The fiscal year limit for family-sponsored preference immigrants for a country is 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,262 for the Fiscal Year. The yearly limit for a dependent area (e.g. Bermuda) is set at 2%, or 7,320.

3. FAMILY-SPONSORED PREFERENCES1st: Unmarried Sons and Daughters of Citizens (about 23,000 per year).
2nd: Spouses and Children(who are under 21 and unmarried) are in 2A, and Unmarried Sons and Daughters (who are over 21) of Permanent Residents are in 2B.
2A: The 2 "A" preference is for Spouses and Children of LPR's.
2B: The 2 "B" Preference is for Unmarried Sons and Daughters (21 years of age or older) of LPR's.
3rd: Married Sons and Daughters of Citizens.(about 23,000 per year)
4th: Brothers and Sisters of Adult Citizens.(about 65,000 per year)

4. Family-sponsored and employment based preference visas are issued to eligible immigrants in the order in which petitions are filed. Spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. (This means that family members can be given immigrant visas also if they travel with or follow to join the person with the approved petition without filing individual petitions themselves. This rule does NOT apply to Immediate Relatives of U.S. citizens each of whom needs an individual petition.

5. On the charts below, the listing of a date for any class indicates that there is a wait for visas; "C" means current, i.e., visas are available for all qualified applicants; and "U" means Unavailable, i.e., no visas are available at this time. (NOTE: Visas are available only for applicants whose priority date is earlier than the cut-off date listed here.)

FAMILY BASED

ALL AREAS EXCEPTTHOSE LISTED

(PLEASE SEE THE COLOR THAT CORRESPOND)

CHINA, Mainland Born
INDIA------
MEXICO
PHILIPPINES
PREF

1st
08 NOV 01
08 NOV 01
08 NOV 01
01 MAY 92
15 JUN 92

2A
15 NOV 02
15 NOV 02
15 NOV 02
01 MAY 02
15 NOV 02

2B
15 AUG 98
15 AUG 98
15 AUG 98
15 MAR 92
08 DEC 96

3rd
15 FEB 00
15 FEB 00
15 FEB 00
01 MAY 92
22 FEB 91

4th
15 APR 97
15 AUG 96
08 MAY 96
22 JUL 94
08 JUN 85

6. EMPLOYMENT-SPONSORED PREFERENCES
1st: Priority Workers.
2nd: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability.
3rd: Skilled Workers, Professionals, and Other Workers (Other Workers include those in sponsored jobs which require less than two years of training or experience.)
4th: "Special Immigrants"
5th: Employment Creation (Investors)

Editors Note (not part of the original Visa Bulletin): As cases with earlier Priority Dates use up available visas, the Prority Date may move back or become "U" Unavailable.
An increase in applications for visas from older cases can cause the date to move back or become Unavailable. A reduced demand by older causes the Priority Date to move forward or become "C" Current. If the demand stays high and all available visas are used up, a Priority Date may become "U" Unavailable until the next fiscal year begins (October). In the new Fiscal Year some of the Unavailable entries may move forward to last date used in the previous fiscal year (the date used before it became Unavailable.)

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides 50,000 immigrant visas each fiscal year for persons from countries other than the principal sources of current immigration to the United States. DV visas are divided among six geographic regions. Not more than 3,850 visas (7% of the 50,000 visa limit) may be provided to immigrants from any one country.
The allotment of DV visa numbers for each region is approximately as follows: Africa, 20,426; Asia, 7,087; Europe, 24,257; North America (Bahamas): 8, South America, Central America, and the Caribbean: 2,407; and Oceania, 815.

In OCTOBER 2007, DV 2008 visas are available to qualified applicants with cut-off dates BELOW the numbers shown below.

AFRICA below 6,700 Except EQYPT below 3,400; ETHIOPIA below 2,900; AND NIGERIA below 4,700; ASIA below 2,100; EUROPE below 5,800; NORTH AMERICA (Bahamas) below 2; OCEANIA OC below 300; SOUTH AMERICA, CENTRAL AMERICA, and the CARIBBEAN below 400.

IMPORTANT NOTE FOR DV CASES: Entitlement to immigrant status in the DV category lasts only through the end of the fiscal year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for Fiscal Year DV 2007 ended on September 30, 2007. A DV2007 lottery registration CAN give no benefit after that date.

(Editor's Note, not part of the official Visa Bulletin.) ADVANCE DV AVAILABILITY: if an advance cut-off date published in the VISA BULLETIN is below the rank number of a selected DV applicant, the applicant can file a DV visa application with a consul or can submit an Adjustment of Status application (if in the US and if qualified to adjust) before the date on which the rank number will be reached if the date is shown in advance in the Visa Bulletin. Recent Bulletins have been publishing dates one month in advance.

As an example, if a selected DV applicant has a DV rank number of Europe 14,499 and the January Visa Bulletin shows that the rank Cut-Off number for Europe will be 14,500 in March, then the applicant can apply on or after 01 February. This allows more time for processing the DV application.

Caution: Since it can take several months to process an application for a DV visa, if a qualified applicant has not submitted the application papers several months before September 30, there is a possiblity that processing will not be completed by the last day of the Fiscal Year and the DV case will expire. The time needed for processing depends on where the visa application is submitted.

The following DV Advance Dates are taken from the official Visa Bulletin.
ADVANCE NOTICE OF DV VISA AVAILABILITY
In NOVEMBER 2007, DV 2008 Visas will be available to qualified applicants with cut-off dates BELOW the numbers shown below.

AFRICA below 10,000 Except EQYPT below 6,000; ETHIOPIA below 5,000; AND NIGERIA below 6,300; ASIA below 3,500; EUROPE below 9,200; NORTH AMERICA (Bahamas) below 3; OCEANIA OC below 500; SOUTH AMERICA, CENTRAL AMERICA, and the CARIBBEAN below 700.

[Editors Note not part of the official Visa Bulletin: For DV 2008 totals selected by country, see DV "Totals By Country" on this web site.]
Do you have a general question about preferences or dates? Send e-mail to rmadison@lawcom.com

The Department of State has available a recorded message with visa availability information which can be heard at: area code (202) 663-1541. This recording is changed in the middle of each month with information on cut-off dates for the following month.

OBTAINING THE MONTHLY VISA BULLETIN: The Department of State's Bureau of Consular Affairs offers the monthly "Visa Bulletin" on the INTERNET. The INTERNET address of the Bulletin is http://travel.state.gov/frvi_bulletin.html

[Editor's note: For your convenience, we've put a JUMP to the official Visa Bulletin below]
To be placed on the Department of State's E-mail subscription list, send your e-mail address to: listserv@calist.state.gov. In the body of the message type: "Subscribe Visa-Bulletin First Name/Last Name

Example: Subscribe Visa-Bulletin Robert Smith
The above dates and numbers are from the Department of State Publication 9514 CA/VO released 06 September 2007

Edited and annotated by Richard Madison who maintains The Immigration Home Page(sm).
The original unedited Visa Bulletin and archive of past Bulletins is available at Official Visa Bulletin Use your browser "Back" button to return here.

General Skilled Migration Programme Changes - effective 1 September 2007 (IMPORTANT UPDATE)

Australia's new Immigration Minister has announced changes to the General Skilled Migration (GSM) programme which are scheduled to come into effect from 1 September 2007.
The English language threshold requirement for all GSM visas will increase.
The points test will be adjusted to benefit applicants with advanced Australian tertiary qualifications, Australian skilled work experience and strong English language skills.
The changes also include major structural reforms 15 skilled migration visa subclasses will collapse into nine.
Subclasses
English Language
Work Experience
Skilled Graduate Visa
Recognised Graduate Visa
Points Test - New Pass Marks
New Visa Subclass Options

Subclasses:
Scheduled to come into action on 1 September 2007 the 15 subclasses will collapse in to nine.

Changes to Visa Subclasses
Old Sub-class structure
New Sub-class structure
Skilled - State/Territory Nominated Independent (subclass 137) – as permanent visa pathway from SIR
Skilled – Regional (subclass 887)
Graduate - Skilled (subclass 497)
Skilled – Graduate (subclass 485)
Skilled – Independent Overseas Student (subclass 880)
Skilled – Independent (subclass 885)
Skilled – Australian-sponsored Overseas Student (subclass 881)
Skilled – Sponsored (subclass 886)

Skilled – Designated Area-sponsored Overseas Student (subclass 882)
Skilled – Regional Sponsored (subclass 487)
Skilled – Independent Regional (subclass 495) ONSHORE
Skilled – Regional Sponsored (subclass 487)

Skilled - Independent (subclass 136)
Skilled – Independent (subclass 175)
Skilled – Onshore Independent New Zealand Citizen (subclass 861)
Skilled – Independent (subclass 175)

Skilled - State/Territory Nominated Independent (subclass 137)
Skilled – Sponsored (subclass 176)
Skilled - Australian-sponsored (subclass 138)
Skilled – Sponsored (subclass 176)
Skilled – Onshore Australian sponsored New Zealand Citizen (subclass 862)
Skilled – Sponsored (subclass 176)

Skilled – Independent Regional (subclass 495) OFFSHORE
Skilled – Regional Sponsored (subclass 475)
Skilled – Designated Area-sponsored (subclass 496)
Skilled – Regional Sponsored (subclass 475)
Skilled – Onshore Designated Area sponsored New Zealand citizen (subclass 863)
Skilled – Regional Sponsored (subclass 475)

English Language
The points test will be adjusted to award more points to applicants with very strong English language skills
An applicant with proficient English will score 25 points from 1 September.
An applicant with competent or vocational English (if applicant has trade occupation) or competent English (if the applicant applied for a Skilled Regional Sponsored visa) will score 15 points.
To gain the maximum of 25 points the applicant will have to score a minimum of 7.0 on the IELTS (International English Language Testing System) in each of the four components or an equivalent level in an OET exam (where sat as part of the skills assessment).
15 points will be awarded if the applicant:
holds a passport from the UK, US, Canada, New Zealand or the Republic of Ireland
have a minimum score of 6.0 in each of the four IELTS components
have an equivalent level in an OET exam (where OET exam was sat as part of skills assessment).
Work Experience
From 1 September 2007 GSM applicants who have completed at least 12 months skilled work experience in Australia in their nominated occupation or closely related occupation will be awarded 10 points. Work undertaken before the completion of your degree, diploma or trade qualification will not be considered.
Recent work experience for offshore GSM visas will be the same for all applicants. The two year study requirement in the past six months must be met and the applicant will have to demonstrate that he/she has been employed in a skilled occupation for at least 12 out of the past 24 months.
GSM applicants will only be able to claim MODL points if they have been employed in that occupation or closely related occupation for at least 12 months in the past four years.
Skilled – Graduate Visa
This temporary visa will be introduced to give overseas students who have completed two years of studying Australia and do not qualify for a permanent GSM visa the opportunity to remain in Australia for a further 18 months to gain additional skills that they need.
This visa is not subjected to any restrictions on work and study.
In order to be eligible for Skilled – Graduate Visa (Subclass 485) a person must fulfill the following criteria:
hold, or have held within the previous 6 months, an eligible student visa
be under 45
have booked a medical
have applied for an AFP check if 16 or older
have met the 2 year study requirements within the previous 6 months
have applied to have their skills tested in their nominated skilled occupation
have competent English, OR vocational English where applicant who has applied to have their skills tested in a trade occupation
After you have been granted the Skilled – Graduate Visa (Subclass 485) you may apply for a:
provisional Skilled – Regional Sponsored (Subclass 487) visa
permanent Skilled – Independent (subclass 885) visa
permanent Skilled – Sponsored (subclass 886) visa
employer sponsored visa.
These may be applied for during the period when the Skilled – Graduate Visa is valid.
Skilled – Recognised Graduate Visa
This temporary visa will be introduced to address 'niche' shortages in the labour market.
This visa is not subjected to any restrictions on work and study.
In order to be eligible for Skilled – RecognisedGraduate Visa (Subclass 476) a person must fulfill the following criteria:
be 30 or under
have completed a degree in a specified discipline from a specified educational institution in the last 24 months
have competent English
After you have been granted the Skilled – Graduate Visa (Subclass 485) you may apply for a:
provisional Skilled – Regional Sponsored (Subclass 487) visa
permanent Skilled – Independent (subclass 885) visa
permanent Skilled – Sponsored (subclass 886) visa
employer sponsored visa.
These may be applied for during the period when the Skilled – Recognised Graduate Visa is valid.

Points Test - New Pass Marks

Visa Subclasses and Pass marks
Visa Subclass

Points

Skilled - Independent Visa (subclass 175)
120
Skilled - Sponsored (subclass 176)
100*
Skilled - Regional Sponsored (subclass 475)
100*
Skilled - Independent (subclass 885)
120
Skilled - Sponsored (subclass 886)
100*
Skilled - Regional Sponsored (subclass 487)
100*

*The amendments see a point concession for candidates seeking certain types of Sponsored Visas and an introduction of the points test for those seeking temporary family member Regional Sponsored Visas.
The previous process for gaining the Sponsored Visas affected required applicants obtaining a minimum of 110 points, while the temporary family member Regional Sponsored Visa was not included as part of the point-based system.
However, sources indicate that the changes to the scheme will result in applicants to both visas requiring 100 points to qualify from September 1st. Additionally, the pool mark for the affected Sponsored Visa will be adjusted accordingly, being reduced to 80 points.

New Visa Subclass Options

For those people in Australia who wish to migrate and who have an eligible visa, the following visas may be applied for from 1 September 2007:

Skilled - Independent (subclass 885) - Permanent visa
instead of: Skilled Independent Overseas Student (subclass 880) visa
Skilled - Sponsored (subclass 886) - Permanent visa
instead of:Skilled Australian Sponsored Overseas Student (subclass 881) visa
Skilled - Graduate (subclass 485) - 18 month temporary visa
instead of:Graduate – Skilled (subclass 497) visa
Skilled - Regional Sponsored (subclass 487) - 3 year provisional visa. (Holders of Skilled - Regional Sponsored may apply for a permanent Skilled – Regional visa when they have lived for 2 years and worked full-time for 1 year in regional Australia.)
instead of:Skilled – Independent Regional (subclass 495) visa andSkilled – Designated Area Sponsored (subclass 496) visa
Skilled - Regional (subclass 887) - Permanent visa (The permanent visa for holders of Skilled – Regional Sponsored (subclass 487 and 475), Skilled – Independent Regional and Skilled – Designated Area-Sponsored visas
instead of:Second stage Skilled – Designated Area Sponsored (subclass 883) visaandState Territory Nominated Independent (subclass 137) visa

For those people outside Australia who wish to migrate, the following visas may be applied for from 1 September 2007:

Skilled - Independent (subclass 175) - Permanent visa (New Zealand citizens who apply for GSM can use this visa class regardless of whether they are inside or outside Australia)
instead of:Skilled Independent (subclass 136) visa andSkilled Independent New Zealand Citizen (subclass 861) visa
Skilled - Sponsored (subclass 176) - Permanent visa (New Zealand citizens who apply for GSM can use this visa class regardless of whether they are inside or outside Australia)
instead of:State Territory Nominated Independent (subclass 137) visaandSkilled – Australian Sponsored (subclass 138) visa andSkilled – Australian Sponsored New Zealand Citizen (subclass 862) visa
Skilled - Regional Sponsored (subclass 475) - 3 year provisional visa
Holders of Skilled - Regional Sponsored may apply for a permanent Skilled – Regional visa when they have lived for 2 years and worked full-time for 1 year in regional Australia.
instead of:Skilled – Independent Regional (subclass 495) visaandSkilled – Designated Area Sponsored (subclass 496) visa andSkilled – Designated Area New Zealand Citizen (subclass 863) visa.
Skilled - Recognised Graduate (subclass 476) - 18 month temporary visa
Recognised Graduate visa holder can apply for a permanent GSM or employer sponsored visa any time during the visa’s eligibility
for: Graduates of recognised overseas universities with skills in demand in Australia Allows unrestricted work and study rights.

Next Week Topic (Sept. 26,2007): The biggest Mall in Asia has made it's shine all over the world, together with the opening of new Mall which is the hot spot of all time. A little overview of what it looks like.

Saturday, September 22, 2007

Visas For Foreign Nurses

The nursing shortage in the United States has reached a level where hiring foreign nurses is no longer merely an option but an economic necessity. With this development comes many immigration and naturalization choices for nurses and the institutions employing them. Only with a strong understanding of the immigration system can those in the nursing market hope to identify the appropriate visa option for their situation. In fact, foreign nursing students in this country have more choices and more negotiating power with employers than they may realize. This article outlines specific visa options, both temporary and permanent and considers a number of hypothetical situations to highlight the opportunities available to foreign nurses and their employers.

Consider the case of Midori, a Japanese sophomore at a U.S. college who is trying to decide on her major:

Midori would like to stay in the United States after graduation, and has considered speech pathology and nursing as options. Her foreign student advisor explained that after she obtains her bachelor's degree, Citizenship and Immigration Services (CIS, formerly INS) will allow her one year of work authorization. After that, she must change to another type of visa or leave the country. She is concerned because she has heard that the process of becoming a permanent resident can be long and difficult.

Although Midori may not realize it, her choice of major makes a tremendous difference in the immigration options available to her, because registered professional nurses (RNs) are heavily favored under immigration laws. As an RN with a bachelor's degree from a U.S. nursing school, she can actually avoid temporary visa categories and move straight to permanent residence (also called a "green card"). Midori can also avoid the cumbersome labor certification process (the usual path to a green card through employment) because the Department of Labor has "precertified" professional nurses as a shortage occupation.

In fact, government regulations allow concurrent filing of the two stages of a green card application. With concurrent filing, an RN like Midori can actually gain unrestricted work authorization within a few months of beginning the green card process.

The immigration advantages for nurses also apply to foreign-trained RNs whether they reside in the United States or abroad. Vanya is an example of just such a nurse. He is currently visiting the United States, has a license in Latvia, and has passed the National Council Licensure Examination (NCLEX exam):

Vanya is nervous about the immigration system, especially after 9/11, and is afraid to ask about his options. He fears that if he does not take any job offered, he will not find an employer sponsor for a work visa and will have to return home.

Vanya may be able to take advantage of the same "fast track" to work authorization and permanent residence that was available to Midori. Work authorization and green card would also be available for his wife and children if he is married. Like some foreign nationals, Vanya does not fully understand the scope of the U.S. nursing shortage. As a result, he may not negotiate effectively with potential employers who may be willing to sponsor him for permanent residence.

Does Hiring Foreign Nurses Hurt U.S. Citizens Working in the Field?

The hiring of foreign nurses in the United States has been controversial, particularly among U.S. citizen RNs who are already concerned about their pay and working conditions. However, foreign nurses who are armed with knowledge of the huge nursing shortage in this country and their opportunities to find work here are joining U.S. nurses to demand reasonable salaries and hours. This will only happen if foreign nurses overcome any fear they have of the U.S. immigration system.

Hospitals and nursing homes will continue to seek foreign nurses. The demand for these workers far exceeds the supply. Therefore, it is crucial to educate foreign nurses and nursing students so they understand their rights and have the opportunity to join unions and advocate for the working conditions that all nurses deserve.

How Should Hospitals and Other Institutions Identify Appropriate Foreign Nurses and Visa Options?

Better understanding of the immigration system helps institutions (e.g., hospitals and nursing homes) as much as it helps nurses. In some cases, hospitals are so desperate for RNs that they turn to unscrupulous recruiting firms that may use improper or even fraudulent visas to get nurses into the United States. Consider the example of a hospital that has no understanding of the visa categories for RNs:

General Hospital is a large facility in an urban area with over 100 vacancies for RNs. The nurse recruiter in the HR department has had some limited success in traveling to nursing schools and "wining and dining" nursing students. However, she is intrigued by a proposal from a professional recruiting company to provide RNs in groups of 20 from abroad. They all have strong credentials on paper, and the company promises they will all arrive with work authorization in the form of H-1B and Q visas. The hospital signs on and agrees to pay $6000 per nurse.

Until it reviews the proposal with an immigration professional, this hospital is playing with fire. Although it sounds tempting, the proposal from the professional recruiting company has a number of problems. For starters, an H-1B visa is only for specialized RN positions that require a bachelor's degree or the equivalent. Since many nursing programs abroad offer four-year degrees, some recruiters try to use the H-1B category for all nursing positions. We have seen recruiters classify every position in the hospital as a "charge nurse" and bring dozens of charge nurses at a time to fill regular staff nurse positions (that are generally filled by RNs with an associate's degree). In one even more egregious abuse of immigration policy, we have seen a recruiter like the one above use the Q cultural exchange visa category for nurses, arguing that their main purpose in the US was to share knowledge of their home country with the patients. That is a flagrant violation of the Q visa category.

In the world of immigration, patterns of fraud lead to greater scrutiny. Moreover, filing a fraudulent petition, such as calling a staff nurse a charge nurse or a cultural exchange visitor, can lead to revocation of the visas and the hospital being fined and/or suspended from filing future visa applications. Again, proper understand of the immigration options benefits both nurses and their employers.

SPECIFIC VISA OPTIONS:

Under U.S. immigration law nurses may seek a variety of different types of visas. The right visa option will often depend on both the U.S. employer's interests and the nurse's education, experience, country of origin and interest in returning to his or her country. The following briefly explains the main visa options for professional nurses in three areas: nonimmigrant visas, immigrant visas, and teaching positions.

Nonimmigrant Visas (Temporary Options)

The immigration laws require most people coming to the United States on a temporary visa to have temporary "intent." In other words, they must have a home abroad and plan to return there after their visa expires. Temporary intent is highly subjective, but extremely important. Probably the most common reason for denial of a temporary visa is that the consular officer believes that the person is planning to stay in the United States permanently.

Considering that Vanya is here on a tourist visa, he may have trouble applying for permanent residence in the United States. The tourist visa requires temporary intent, and he would have had to provide a clear temporary purpose for his trip to the U.S. consulate in Latvia that issued his visa. Vanya will have to make a decision about whether to seek permanent residence in the United States or to return to Latvia for the final processing.

At this time, the temporary visa options for nurses are severely restricted by the temporary intent requirement. Efforts to improve the situation by creating temporary visa subcategories just for nurses, such as the old H-1A, or the current H-1C categories, have not made much of an impact. The H-1A no longer exists, and the H-1C (as discussed below) is so restricted that only a few hospitals in the country have been able to take advantage of it.

Although applying for permanent residence directly (and skipping the temporary visa categories) is often the best option for a professional nurse, it is useful to be aware of specialized visas that may help RNs in certain situations. Specifically, a TN visa is available to Canadian or Mexican citizens. An H-1B visa is available for a nursing position that requires a bachelor's (as opposed to an associate's) degree. And an H-3 visa is useful for providing extended practical training.

F-1 Practical Training (OPT or CPT): Most foreign students in the United States are eligible for 12 months of work authorization before or after they graduate to receive training in their chosen field of study. This is called Optional Practical Training or OPT. This is an easy way for foreign students to start working quickly while preparing an application for an H-1B visa or permanent residence. They can also work at a certified nurse or other related position if they have not yet received their RN license.

With OPT, the nurse can obtain work authorization without a job offer and can change employers easily. Note that OPT must be approved by CIS, and can take 90 days or more to obtain.

Nursing students may also be able to work full-time or part-time in their field of study before graduation, as long as the work is a part of the required curriculum or if course credit is offered. This is called Curricular Practical Training (CPT). There is no limit on use of CPT while in school. However, use of more than 12 months full-time of CPT results in the loss of OPT. If eligible, CPT can be a useful option because it only requires approval by the school, not the CIS.

TN Visa: The TN visa is a product of the North American Free Trade Agreement (NAFTA) designed for citizens of Canada and Mexico. Persons engaging in professional activities in the United States, including registered nurses who hold a license from a U.S. state or province, may obtain a TN visa valid for work in the United States. The TN visa is valid for one year at a time and may be renewed indefinitely. To obtain a TN visa, an applicant must show, among other things, proof of citizenship, a letter from a prospective employer, and evidence of licensing and educational credentials. Spouses and dependent children may obtain a TD visa as the dependents of the primary applicant for a TN visa.

H-1B Visa: The H-1B visa is available for registered nurses working in a position that requires the education or work experience equivalent to a bachelor's degree. Citizenship and Immigration Services takes the position that the job of a registered nurse does not require the equivalent of a bachelor's degree. However, CIS may approve an H-1B visa application for a registered nurse if the nurse has added responsibilities (such as charge registered nurses or unit manager supervisors) or occupies a position requiring specialized training (such as rehab professionals).

CIS has recently given detailed guidance on the kinds of nurse positions that qualify for an H-1B, and has identified certified advanced practice RNs (APRNs), nurse managers, and specialists (such as rehab nurses, school care nurses, and critical care nurses) as H-1B eligible. The H-1B visa is valid for three years and can be renewed for an additional three years. Spouses and dependent children can get an H-4 visa, which allows them to study but not work.

H-1B visa holders are not required to show temporary intent (a major advantage of this visa category), and can change employers easily.

H-1C Visa: H-1C visas are available to registered nurses working in designated "health professional shortage areas." The individual must be authorized or be able to prove that they will be authorized by the state board of nursing to obtain the H-1C visa. The H-1C is limited to three years and cannot be extended. Only 500 H-1C visas may be issued per year. H-1C visas are particularly difficult to obtain due to the burden of evidence placed on the employers. In fact, only a few hospitals in the country have succeeded in being certified to accept H-1C nurses.

To secure an H-1C visa, the employer must be a hospital located in a designated health professional shortage area and must have at least 190 acute care beds. Additionally, the hospital must show that certain percentages of patients are entitled to Medicare and Medicaid and that the hospital has taken steps to recruit registered nurses who are U.S. citizens or permanent residents. The law authorizing the issuance of H-1C visas expires in 2003. After that, H-1C visas will only be issued if Congress renews or extends the law.

H-3 Visa: Registered nurses may also obtain H-3 visas. The H-3 visa is designed for temporary workers to secure training or instruction in the United States that is unavailable in the nurse's home country. To qualify, the registered nurse must have an unrestricted license in the country where the nurse received his or her education and the nurse must state that he or she is qualified under state law to receive the training. The training program must have a set schedule and emphasize training over productive employment. Moreover, the program cannot be used to recruit nurses for staffing domestic facilities. Nurses already possessing substantial training and experience are generally not eligible for H-3 visas. H-3 visas are valid for three years and cannot be renewed.

Immigrant Visas for Registered Nurses (Permanent visa Options)

An employer may also file an immigrant visa petition for a nurse requesting that the nurse enter the United States as a permanent resident, a so-called "green card." For most jobs, the process (known as "labor certification") is divided into three parts. First, the employer asks the Department of Labor (DOL) to certify that there are no qualified U.S. citizens or permanent residents for the position. Second, the employer files an immigrant visa petition with evidence that it has the ability to pay the alien and that the alien qualifies for the position. Third, the employee (and any dependent family members) demonstrate that he or she is admissible to the United States (including a security check, medical exam, and review of visa history).

Because of the shortage of registered nurses in the United States, the Department of Labor has pre-certified this position. Thus, employers wishing to hire qualified foreign nurses may can skip labor certification and immediately file an immigrant visa petition. As mentioned above, this can save months or years of processing depending on which state the employer is in. (Note: the Department of Labor is in the process of overhauling the labor certification program to create a streamlined system called PERM. The proposed version of PERM would not exempt nurses from labor certification. However, the PERM program is still evolving, and will not be implemented until next year at the earliest. We will have to wait and see how nurses are treated in the final version.)

Nurses seeking to qualify for an immigrant visa must possess a valid nursing license in the country of nationality, a diploma from a nursing school, a full and unrestricted nursing license in the U.S. state of intended employment OR evidence of passing the National Council Licensure Examination for Registered Nurses (NCLEX-RN) OR a Certificate by the Commission on Graduates of Foreign Nursing Schools (CGFNS Certificate), and a VisaScreen Certificate issued by the International Commission for Healthcare Professionals (ICHP).

If the nurse is present in the United States in valid immigration status, he or she may also take advantage of recent changes in the immigration laws permitting concurrent filing. In essence, if the registered nurse qualifies for an immigrant visa, he or she may simultaneously file applications for permanent residence and interim work authorization. Thus, a nurse may become authorized to work in a matter of weeks. Nurses outside the United States must spend at least several more months to process their green card at a U.S. consulate there.

When applying through a job offer, professional nurses have the fastest track to permanent residence. That is the way most foreign RNs obtain green cards. However, all nurses should consider other categories of permanent residence if they qualify, such as having a family member sponsor them, playing the green card "diversity lottery," or applying for political asylum. Every year in the fall, several million people enter the visa lottery. From this group, roughly 50,000 winners are chosen to apply for permanent residence in the United States. Note that applying for the lottery may have an affect on your ability to get a temporary visa in the future. More information on the lottery is available at http://travel.state.gov/DV2005.html.

Teaching Positions

The huge shortage in the nursing industry applies both to nurses and to nursing faculty. Nursing faculty who are chosen after a national search that carefully considers any U.S. citizen applicants are eligible for an expedited kind of labor certification called "special handling." While they cannot skip certification through the Department of Labor entirely, they can complete this process within a matter of months and then file concurrently for work authorization and permanent residence. Most, if not all, nursing faculty jobs are bachelor's level, so the H-1B visa is an appropriate and useful temporary option as well.

Conclusion

U.S. hospitals need RNs, and many foreign nurses want to work in the United States. By better understanding the U.S. visa categories available to nurses, both hospitals and international RNs can benefit. You should consult with an immigration professional as you proceed, particularly because the laws often change and are complex.

Useful References for Foreign Nurses

The following are several websites that may serve as useful references for foreign nurses:

www.cgfns.org. – Commission on Graduates of Foreign Nursing Schools (CGFNS) (providing information on CGFNS Certificates)

CGFNS has an automated voice response system to get current information on a pending application. The number is 215-599-6200.

www.ncsbn.org– National Council Licensure Examination for Registered Nurses (NCLEX-RN) (providing information on the NCLEX Exam)

The NCSBN offers NCLEX in all 50 states, Guam, Puerto Rico, DC, American Samoa, the US Virgin Islands, and the Northern Marianas Islands. They intend to start offering it at locations abroad next year. Results from the exam are usually available quickly after taking it.

www.ichp.org– International Commission for Health Care Professionals (ICHP) (providing information on obtaining VisaScreens)

www.jcvisa.com– TN (NAFTA) visas for Mexican or Canadian nurses – click on the temporary visa icon, and then select TN category. The web site also has general information about temporary and permanent categories of U.S. visas.

www.millermayer.com– This web site has useful general information about temporary and permanent categories of U.S. visas. It also has a whole section devoted to immigration options for foreign medical graduates.

Wednesday, September 19, 2007

Visa Options for Nurses (Australia) NEW UPDATE

Nurses sponsored by an employer

Temporary Business (Long Stay) visa (subclass 457)

For registered nurses to work in Australia for an approved business sponsor, for up to four years. Your accompanying family members can work and study in Australia.

Employer Nomination Scheme

Overseas nurses under 45 years of age with qualifications and work experience as a registered nurse, may be eligible for a permanent visa under this scheme.

Regional Sponsored Migration Scheme

Overseas nurses with qualifications equivalent to an Australian diploma level qualification (two years full-time study) or higher may be eligible for a permanent visa. Under this scheme, nurses will be sponsored by an Australian employer to work and live in regional Australia.

General Skilled Migration

Nurses may be able to migrate to Australia as an independent skilled migrant or one of the sponsored visas under the General Skilled Migration Program.

Working Holidays

If you are between 18 and 30, you may be able to come to Australia temporarily for a working holiday. This visa allows you to stay for 12 months and work as a nurse with any one employer for a maximum of six months, provided your work remains incidental to your holidays.

Improving your skills

Nurses who do not have the qualifications to work as a nurse in Australia can do a bridging program to improve their skills. There are some temporary visa options available for you to do this.

Occupational Trainee visa

For nurses to undertake a supervised, workplace-based training program in Australia. This option is good for training programs of three months or longer.

Business (Short Stay) visa (subclass 456)

Ideal for nurses to undertake an approved bridging or pre-registration program for less than three months. Nurses who successfully complete the course may be able to apply in Australia for a Business Long Stay visa.

Student visa

To obtain a student visa, your nursing course must be registered.
See: Australian Course and Education Institution Search

Next Week Topic: The biggest Mall in Asia has made it's shine all over the world, together with the opening of new Mall which is the hot spot of all time. A little overview of what it looks like.

TWO STOP SHOP TOURIST VISIT IN PHILIPPINE MALLS

SM Mall of Asia and Trinoma

The SM Mall of Asia is the largest shopping mall in the Philippines and the 7th largest shopping mall in the world in terms of gross floor size, after the South Dongguan Mall (China), Golden Resources Mall (China), Central World Plaza (Thailand), Seacon Square (Thailand),and Runwal Arcade (India). It opened on May 21, 2006.

The Mall of Asia was constructed within the reclamation area, west of Roxas Boulevard in Pasay City, aptly nicknamed "Bay City". It is built on 19.5 hectares of reclaimed land and has a gross floor area of 386,224 square meters. The mall is located at the southmost tip of Epifanio de los Santos Avenue. A roundabout was constructed in the front of the mall with a huge bronze globe similar to Universal Studios.

The SM Mall of Asia mall grounds consists of four buildings interconnected by walkways; the Main Mall, the Entertainment Mall, and the North and South Carpark Buildings.

The Main Mall includes shopping and dining establishments and the food court. The Entertainment Mall is a two-story complex, a majority of which is open-air, facing Manila Bay.

The mall's 5,000 parking spaces are divided across two, six-story parking buildings conveniently designated the North and South parking buildings. The South Parking building houses the mall's official SM Department Store, while the mall's supermarket, the SM Hypermarket is located within the North Parking building. A major portion of the North Parking building also contains the offices of Dell International Services Philippines (Dell, Inc.).

One of the mall's somewhat-unique features is a 20-seater tram traveling around the mall grounds to ferry shoppers around.

Concierge desks are located in the Main Mall and the Entertainment Mall

The mall includes branches of all of the standard anchor stores found in most of the SM Supermalls. The first-ever branch of Taste Asia, one of the SM Supermalls' food court brands, is located right outside the mall's supermarket, the sprawling SM Hypermarket. (Another Taste Asia branch has since opened in SM Supercenter Pasig)

One of the mall’s main attractions is the first ever IMAX theater in the country, along with a Director's Club Theater for intimate screenings (30 La-Z-Boy seats), a Premiere Cinema, and the CenterStage Cinema which can used for live musical concerts and theatrical performances.

In addition to the mall's special theaters, it also has six regular two-tiered movie theaters similar to the ones found in almost every SM Supermall.

The mall features the Philippines's first Olympic-sized ice skating rink. At 61 by 30 meters, the rink is described as the biggest of its kind in Southeast Asia. It can accommodate both recreational and competitive figure skating, as well as ice hockey. Along with plain access and skate rentals, the rink's operators also offer training progams in both figure skating and ice hockey. Several ice skating competitions have been held at the mall's ice skating rink.

The mall also provides office space. Dell International Services, a subsidiary of Dell, Inc. occupies a 13,470.5-square meter area at the second floor of the north parking building of the mall.

TRINOMA

TriNoMa, Triangle North of Manila, one of Ayala Corporation's largest mall development in the Philippines, is an upscale shopping center located on the corner of North Avenue and Epifanio de los Santos Avenue in Quezon City, Philippines.

The mall grounds are situated at the "north triangle" formed by the intersection of North Avenue, Epifanio de los Santos Avenue and Mindanao Avenue in Quezon City. It is right across the street from another major Philippine mall, SM City North EDSA. Located on a 20 hectare parcel of land, the mall has a gross leasable area of 195,000 square meters, including the adjacent Landmark QC.^{[citation needed]}

It is directly connected to Manila MRT's North Avenue MRT Station. It will be almost connected to the Yellow Line's proposed North Avenue LRT Station. Its next door buildings are the Manila MRT North Avenue Depot and EDSA Mass Transit Project. It will have an overpass connecting TriNoma to SM City North EDSA and it will be called TriNoMa-SM City North EDSA Overpass.

Retail Establishments

The shopping center, dubbed as a super regional mall, will play host to more than 550 high-end shopping and retail establishments. It will boast of flagship stores which are not only the largest, but also the best out of a brand's chain of establishments. The establishment has already enlisted about 600 tenants and is 90% leased out. It also has two department stores: Crossings Department Store and The Landmark Department Store, the latter serving as the anchor store of the mall and also having a supermarket and a hypermarket.