Categories
L-1 Visa (Intracompany Transfer) Temporary Visas

Administrative Appeals Office Ignores USCIS Policy on L-1B Specialized Knowledge

In a July 2008 decision, the U.S. Citizenship and Immigration Services (USCIS) Administrative Appeals Office (AAO) made a fundamental mistake by concluding that it is not required to follow USCIS headquarters’ policy memos. [1] What ever happened to chain of command?

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Uncategorized

Got a Tip?

Got a tip?  Some aspects of U.S and China visa policy and practice are local and/or not made public by government agencies. If you have a tip, share it here. [contact-form][contact-field label=’Name’ type=’name’ required=’1’/][contact-field label=’Email–will not be published’ type=’email’ required=’1’/][contact-field label=’Title for Your Tip’ type=’text’/][contact-field label=’Details of Your Tip’ type=’textarea’ required=’1’/][/contact-form]

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EB-5 News: Philadelphia Convention Center Investment Plan Falls Through

According to the below news story, CanAm has signed up 150 Chinese seeking EB-5 visas to invest in a company that would loan money to the Philadelphia Convention Center. The investors already deposited their money–$500,000 each–in escrow, apparently as long as a year ago. The only problem is that the Convention Center doesn’t want to […]

Categories
Waivers / Visa Denials

Security Advisory Opinions Taking Longer

According to the U.S. Embassy in Beijing, “[t]he average processing time for [security advisory opinion] clearances has increased to 6-7 weeks.” The increased processing time will apparently affect U.S. Consulates worldwide because it is due to a shortage of personnel in Washington, DC.

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Do Chinese Want to Live the Australian Dream?

Australia is the best destination for emigrants, according to a recent poll by the Pew Research Center of 3,200 adults in China. The question posed was, “Suppose a young person who wanted to leave this country asked you to recommend where to go to lead a good life–what country would you recommend”? While there is […]

Categories
Employment-Based Immigration Family Immigration Form I-130, Petition for Alien Relative H-1B Visa (Specialty Occupation) L-1 Visa (Intracompany Transfer) Temporary Visas

Update: Consular Recommendations to Revoke Visa Petitions

Our law firm is often retained to represent clients where a U.S. Consulate has returned the visa petition to USCIS to consider revocation. This process is slower and less transparent than it should be. Still, this update explains that recently there have been some minor improvements in the process. These improvements were mentioned by Jonathan […]

Categories
Family Immigration Form I-130, Petition for Alien Relative

USCIS Beijing Office Refuses to Accept Fathers’ Visa Petitions

Today was the fourth time in four years that U.S. citizen fathers have told me that the Beijing office of U.S. Citizenship and Immigration Services (USCIS) has refused to accept immigrant visa petitions (Forms I-130) on behalf of their children. On all four occassions, USCIS stated reason for the refusal was that the fathers failed […]

Categories
Temporary Visas

Map of Schools Approved to Sponsor Students with F-1 Visas

A map of schools approved for admission of students with F-1 visas has been posted on U.S. Immigration and Customs Enforcement’s webpage. If you know where you want to live but need help choosing a school, this map will tell you what schools in that location have been authorized by the government to sponsor students […]

Categories
Temporary Visas

U.S. Visa Information Call Center Unable to Book Appointments

To book an appointment at the U.S. Consulates in China to apply for a visa, normally the applicant must purchase a card with a PIN number at CITIC Bank and then call the Visa Information Call Center. PIN cards cost 54 RMB for 12 minutes of phone time or 36 RMB for 8 minutes. From […]

Categories
Family Immigration Form I-130, Petition for Alien Relative

Don’t Be Misled by the USCIS Instructions for Form I-130, Petition for Alien Relative

From: Gary Chodorow Sent: Tuesday, April 01, 2008 8:06 PM To: uscis.webmaster@dhs.gov Subject: Message from a Nitpicky Lawyer Dear USCIS Communications Office: I’ve read your recent announcement that “[e]ffective immediately, all petitioners filing stand-alone Form I-130s [Petitions for Alien Relatives] must file their petitions with the Chicago Lockbox (emphasis added). USCIS Press Room, USCIS Revising […]

Categories
B1/B2 Visa (Visitor for Business or Pleasure) Temporary Visas

Tourism Agreement Should Be Applauded, But Does It Create an Unfair Monopoly?

On Dec. 11, 2007, the U.S. and China signed a memorandum of understanding on group leisure travel from China to the United States. This MOU should be applauded because it lifts prior Chinese rules restricting the travel industry. Still, a question remains whether travel agencies designated by the China National Tourism Agency (CNTA) will receive […]

Categories
Temporary Visas

Visa Statistics from the U.S. Embassy in Beijing

U.S. visa-issuing posts in China include the U.S. Embassy in Beijing and the Consulates in Shanghai, Guanghzou, Shenyang, and Chengdu. In calendar year 2007, the U.S. Embassy and Consulates in china issued 417,146 nonimmigrant visas, a 17% increase over 2006. The vast majority, 417,146 or 69%, were B1/B2 visas (visitors for business and pleasure). Student […]

Categories
H-1B Visa (Specialty Occupation) L-1 Visa (Intracompany Transfer) Temporary Visas

U.S. Visa Application Fee Increase

NONIMMIGRANT VISA APPLICATION FEE WILL INCREASE TO $131 Effective January 1, 2008, the application fee for a U.S. nonimmigrant visa will increase from $100 to $131. Those applicants who paid the prior $100 application fee before January 1, 2008 will be processed without further payment only if they appear for a visa interview before January […]

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Uncategorized

How to Improve America’s Image in the World

In a recent article in Slate, Fred Kaplan summarizes readers’ ideas of how to improve America’s image in the world: Many readers [point out] the rudeness and paranoia on display at U.S. embassies and customs desks. Americans living in Europe say that some of their friends, even those who studied in American universities, refuse to […]

Categories
Waivers / Visa Denials

Illegal Weapons Exports Highlight Need for Security Checks

The importance of effective Mantis security advisory opinions (SAOs) is highlighted by a recent story by the Associated Press concluding that illegal weapons export continues to be a serious problem for the United States:

Categories
Temporary Visas Uncategorized

GAO Report: Growing Visa Demand a Challenge for State Department

A new report from the U.S. Government Accountability Office highlights several challenges the State Department faces in keeping up with growing visa demand at consular posts in China. GAO, Border Security: Long-Term Strategy Needed to Keep Pace with Increasing Demand for Visas, GAO-07-847 (July 2007). INACCURATE ESTIMATES OF VISA APPOINTMENT WAIT TIMES One challenge is […]