Is the O Visa for Extra-Ordinary Ability For You?

Are you one of the top people in your field or have you won a major international award or have you received national or international acclaim and recognition in your field of work?

If so, you may qualify for an O visa.

O visas are issued to non-immigrants with extra-ordinary ability in the sciences, arts, education, business, or athletics.

No Numerical Cap:
Although there is no numerical cap on the annual admissions of these non-immigrants, O visas require that its visa holders must intend to work in the area of extra-ordinary ability claimed.

No Limit on Duration of Stay:
Another advantage of the O visa is that there is no explicit statutory limitation on the period of stay for O visa holders. An initial period of stay can be approved for 3 years and extensions of stay for an O-1 visa holder can be granted in increments of 1 year.

Pending GC application is OK:
An O visa holder can have a green card application pending while on an O-1 status and the O-1 beneficiary does not need to show that s/he is maintaining a residence abroad to which s/he intends to return.

Free-lancing is not allowed:
An O visa holder can only be admitted to perform services in “specific, identified events, performances, competitions, or engagements” and an O-visa holder cannot enter the United States to free lance.

Application process:
The procedure for an O visa is in three steps:
(1) An O beneficiary cannot petition for himself and an employer, manager or agent is required to sign the application form and generally, a petition can be approved only after the employer, manager, or agent consults with a peer group, management organization, or labor organization, who attests that they have no objection to the applicant being granted an O visa.
(2) An approval by the USCIS of an O petition supported by the above mentioned advisory opinion from an employer, manager, or agent.
(3) Issuance by a U.S. Consulate of an O visa based on the approved petition.
If you are not sure whether you qualify for an O visa or if you need additional guidance, feel free to contact our office.

Reproduced from E-sandesh, where our attorney, Hanishi Ali’s article was published: http://iswonline.org/iswSite2/index.php?option=com_content&view=article&id=232:is-the-o-visa-for-extra-ordinary-ability-for-you&catid=95:community-orgs&Itemid=200

AAO Processing Times as of November 1, 2009

Case	Type	Time
I – 129F	Petition for Fiancée	2 Months*
I – 129 H1B	Nonimmigrant Specialty Occupation Worker	13 Months
I – 129 H2	Temporary Nonimmigrant Worker	6 Months*
I – 129 H3	Temporary Nonimmigrant Worker	6 Months*
I – 129 L	Nonimmigrant Intracompany Transferee	8 Months
I – 129 O	Nonimmigrant Extraordinary Ability Worker	2 Months*
I – 129 P1, P2, P3	Athletes, Artists and Entertainers	6 Months*
I – 129 Q	Cultural Exchange Visitor	6 Months*
I – 129 R	N/I Religious Worker	5 Months*
I – 131	Application for Travel Document	3 Months*
I – 140 EB1	(A) ‐ Alien with Extraordinary Ability	5 Months
I – 140 EB1	(B) ‐ Outstanding Professor or Researcher	5 Months*
I – 140 EB1	(C) ‐ Multinational Manager or Executive	10 Months
I – 140 EB2	(D) – Advanced Degree Professional	27 Months
I – 140 EB2	(I) – National Interest Waiver	6 Months*
I – 140 EB3	(E) – Skilled or Professional Worker	23 Months
I – 140 EB3	(G) – Other Worker	22 Months
I – 212	Application to Reapply for Admission	2 Months*
I – 360 EB4	Petition for Religious Worker	5 Months*
I – 360 C	Special Immigrant Juvenile	2 Months*
I – 360 VAWA	Violence Against Women Act Petition	4 Months*
I – 485	Cuban Adjustment Act Application	5 Months*
I – 485	LIFE Act Adjustment Application	6 Months*
I – 485	Section 13 Adjustment Application	4 Months*
I – 526 EB5	Alien Entrepreneur	5 Months*
I – 600	Petition for Orphan	2 Months*
I – 601	Application for Waiver of Inadmissibility	26 Months
I – 612	Application for 212(e) Waiver	2 Months*
I – 687	Legalization Application for Temporary Residence	18 Months
I – 690	Legalization/SAW – Waive Grounds of Excludability	2 Months*
I – 698	Legalization Adjustment Application	2 Months*
I – 700	Special Agricultural Worker	2 Months*
I – 821	Temporary Protected Status	4 Months*
I – 905	Application to Issue Cert for Health Care Workers	2 Months*
I – 914	Application for T Nonimmigrant Status	2 Months*
I – 918	Petition for U Nonimmigrant Status	2 Months*
N – 470	Application to Preserve Residence	4 Months*
N – 565	Replacement Naturalization/Citizenship Doc	4 Months*
N – 600	Certificate of Citizenship	4 Months*
N – 643	Certificate of Citizenship for Adopted Child	2 Months*

* Within current USCIS processing time goal of six months or less

State Department Visa Bulletin November 2009

VISA BULLETIN NOVEMBER 2009

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during November. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by October 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that 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. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Fam-ily	All Charge- ability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPP-INES
1st	15OCT03	15OCT03	15OCT03	08JUL92	22OCT93
2A	15AUG05	15AUG05	15AUG05	15JUN03	15AUG05
2B	01OCT01	01OCT01	01OCT01	01JUN92	15MAY98
3rd	01MAR01	01MAR01	01MAR01	01MAY92	22OCT91
4th	15JUN99	15JUN99	15JUN99	08NOV95	15JAN87

*NOTE: For November, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15JUN03. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15JUN03 and earlier than 15AUG05. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIP-PINES
Employ-ment -Based
1st	C	C	C	C	C
2nd	C	01APR05	22JAN05	C	C
3rd	01JUN02	01JUN02	22APR01	01JUN02	01JUN02
Other Workers	01JUN01	01JUN01	22APR01	01JUN01	01JUN01
4th	C	C	C	C	C
Certain Religious Workers	U	U	U	U	U
5th	C	C	C	C	C
Targeted Employ-ment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Programs	U	U	U	U	U

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 will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This reduction has resulted in the DV-2010 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For November, immigrant numbers in the DV category are available to qualified DV-2010 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	14,000	Except: Egypt: 6,200 Ethiopia: 6,700 Nigeria: 8,700
ASIA	7,200
EUROPE	9,500
NORTH AMERICA (BAHAMAS)	2
OCEANIA	475
SOUTH AMERICA, and the CARIBBEAN	575

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2010 program ends as of September 30, 2010. DV visas may not be issued to DV-2010 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2010 principals are only entitled to derivative DV status until September 30, 2010. DV visa availability through the very end of FY-2010 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN DECEMBER

For December, immigrant numbers in the DV category are available to qualified DV-2010 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	17,800	Except: Egypt: 9,100 Ethiopia: 9,000 Nigeria: 10,400
ASIA	8,250
EUROPE	12,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	675
SOUTH AMERICA, and the CARIBBEAN	725

D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

Employment Fourth Preference Certain Religious Workers: Pursuant to Section 133 of Division B of Public Law 111-68, the non-minister special immigrant program expires on October 30, 2009. No SR-1, SR-2, or SR-3 visas may be issued overseas on or after October 30, 2009. Visas issued prior to this date may only be issued with a validity date of October 30, 2009, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight October 30, 2009.

Employment Fifth Preference Pilot Categories (I5, R5): Pursuant to Section 130 of Division B of Public Law 111-68, extended this immigrant investor pilot program through October 30, 2009. The I5 and R5 visas may be issued until close of business on October 30, 2009, and may be issued for the full validity period. No I5-1, I5-2, I5-3, R5-1, R5-2 or R5-3 visas may be issued after October 30, 2009.

The cut-off dates for the categories mentioned above have been listed as “Unavailable” for November. If there is legislative action extending one or both of these categories for FY-2010, those cut-off dates would become “Current” for November.

E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

H-1B September 2009 Update

In the H-1B count released by the U.S. Citizenship and Immigration Service (USCIS) the H-1B cap subject petitions count was 46,000 as of September 18, 2009 and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

USCIS has warned that it will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing was discovered.  So, if multiple petitions are discovered by the USCIS, it will retain all fees and either deny the petitions or, if the petition was approved, USCIS has the right to revoke the petition.

Mithras Law Group Attorney, Hanishi T. Ali, Featured in Indus Business Journal

Our Attorney, Hanishi T. Ali, was featured in the August 2009 Indus Business Journal.  The article is reproduced below or click here.

Diverse background drives immigration law firm

Head Ali brings foreign work, education to her law business

By Martin Desmarais

WESTBOROUGH, Mass. – Attorney Hanishi Ali grew up in one country, went to school in two others and worked in several more. With such diverse exposure to different cultures it only makes sense that her law firm the Mithras Law Group has found success in immigration law and international business law.

“I have lived in five different countries and I feel like I understand the language culture and knowledge of cross-border transactions,” said Ali. “I feel that helps me on the professional front: to be able to bring that diversity I have to my clients.”

Started by Ali in 2007, the Westborough-based Mithras Law Group counts its bread-and-butter as helping companies hire foreign nationals to the United States. The firm also helps foreign companies doing business in the United States with strategic planning for establishing a U.S. office and securing the appropriate immigration papers for its key personnel. The firm offers similar services for business looking to enter into India or the United Kingdom. Overall, its legal services span business immigration, family-based immigration, naturalization and international business transactions. According to Ali, approximately 65 percent of the firm’s work is corporate with the remainder being family or individual immigration.

“A lot of our work comes from word of mouth and referrals,” Ali said. “A lot of our clients are happy with our service and they will refer clients to us.”

In addition to its U.S. office, Mithras Law Group has partners in both India and the United States. The company has an office in Mumbai, led by attorneys Nipun Thanawalla and Bharti Desai, and a U.K.-based partner, Mariangela Suyal who handles European business.

“I felt like, as my practice was growing fast, I needed partners in other countries,” Ali said. “As we grow to other markets, we will add partners there.”

Ali has over 10 years of legal experience and is a qualified attorney in the United States, England and Scotland. She grew up in Mumbai before moving to the United States in the 1980s. She graduated from Ohio Wesleyan University in the late 1980s with a dual bachelor’s degree in economics management and journalism. She then studied law in Scotland, graduating with a bachelor’s degree in law from the University of Edinburgh in 1995. She followed that up with a post-graduate law degree from the school in 1996.

Her first work in the legal industry came at top United Kingdom law firms Steedman Ramage WS and Brodies LLP. She also worked in house at Lexis-Nexis in Boston after moving back to the United States in 2000. In addition, Ali has taught taxation and social security law to law students at the University of Edinburgh and represented the International Commission of Jurists at the United Nations in Geneva.

She is a member of the American Immigration Lawyers Association, the American Bar Association, the New York State Bar Association, the Boston Bar Association, the Law Society of Scotland, the Law Society of England and Wales, and the International Bar Association.

When it came time to start her own firm, Ali said that immigration and international business law drew her. “I have always sort of been involved in those two areas,” she said. “My interest was always in the international business aspect.”

With the continued globalization of business, Ali sees no better time to be a law firm that helps companies operate with many foreign workers and locations. “As we get more globally competitive we see the migration of employees from one country to another becoming very common,” she said.

Still, the initial revelation that the United States is under the 65,000 H-1B Visa cap for the first time in many years concerns Ali. “At least based on the last several years it is really unheard of,” she said. “In the past years, the applications have been double what was available.”

“It is definitely signs of an economic downfall,” she added. “It is not good in terms of being globally competitive.”

According to Ali, her firm still did about the same amount of H-1B work and she does expect the H-1B cap to be hit, but believes it will take several months.

“There are so many angry people out there who do feel their jobs are being taken by these H-1B workers,” she said. “But there are so many studies out there that show that is just not the case.”

Ali is also encouraged by the early days of President Barack Obama’s administration and its immigration efforts. “The immigration policy has shifted to the better compared to the Bush administration,” she said and expressed hope that President Obama would tackle immigration reform this year, as promised.

Just two years into her time at the helm of her own firm, Ali is satisfied with how things have played out so far. “While many lawyers may live out long, successful careers with large firms or with someone else’s practice, heading her own practice felt like a natural evolution, according to Ali. “I felt like I had got enough experience working in house at law firms,” she said. “I felt I was ready to start my own practice.”

She pointed out that she comes from a family of professionals, many of whom have their own businesses, so the move was easy to make and have support in doing so. Ali also stresses that she enjoys being her own boss, as well as being able to give “more individualized attention to my clients.” She also relishes the ability to control her working hours to some extent and leave time for volunteer effort with groups such as RESPOND, a domestic violence support organization, and the Initiative for Diversity in Civic Leadership.

“Overall I am happy with my decision to start my own firm and I think my clients like the firm and like to work with us,” Ali said.

Newly Released AAO Processing Times as of July 1, 2009

These figures indicate the time that it takes from the date the case is received at The Administrative Appeals Office (AAO). The below list indicates AAO processing times as of July 1, 2009.

AAO Processing Times as of July 1, 2009

Case Type	Time
I-129F Petition for Fiancee	1 Month*
I-129 H1B Nonimmigrant Specialty Occupation Worker	16 Months*
I-129 H2 Temporary Nonimmigrant Worker	6 Months*
I-129 H3 Temporary Nonimmigrant Worker	7 Months*
I-129l Nonimmigrant Intracompany Transferee	7 Months*
I-1290 Nonimmigrant Extraordinary Ability Worker	5 Months*
I-129 P1, P2, P3 Athletes, Artists and Entertainers	7 Months*
I-129 Q Cultural Exchange Visitor	7 Months*
I-129 R N/I Religious Worker	3 Months*
I-131 Application for Travel Document	1 Month*
I-140 EB1 (A) – Alien with Extraordinary Ability	10 Months*
I-140 EB1 (B)- Outstanding Professor or Researcher	1 Month*
I-140EB1 (C) – Multinational Manager or Executive	10 Months*
I-140 EB2 (D) – Advanced Degree Professional	26 Months*
I-140EB2 (I) – National Interest Waiver	5 Months*
I-140E83 (E)- Skilled or Professional Worker	22 Months*
I-140 EB3 (G) – Other Worker	18 Months*
I-212 Application to Reapply for Admission	2 Months*
I-360 EM Petition for Religious Worker	5 Months*
I-360C Special Immigrant Juvenile	1 Month*
I-360VAWA Violence Against Women Act Petition	1 Month*
I-485 Cuban Adjustment Act Application	1 Month*
I-485 liFE Act Adjustment Application	3 Months*
I-48S Section 13 Adjustment Application	1 Month*
I-526 EB5 Alien Entrepreneur	2 Months*
I-600 Petition for Orphan	1 Month*
I-601 Application for Waiver of Inadmissibility	25 Months*
I-612 Application for 212(e) Waiver	1 Months*
I-687 legalization Application for Temporary Residence	21 Months*
I-690 legalization/SAW – Waive Grounds of Excludability	1 Month*
I-698 legalization ~ustment Application	1 Month*
I-700 Special Agricultural Worker	1 Month*
I-821 Temporary Protected Status	5 Months*
I-905 Application to Issue Cert for Health Care Workers	1 Month*
I-914 Application for T Nonimmigrant Status	1 Month*
I-918 Petition for U Nonimmigrant Status	1 Month*
N-470 Application to Preserve Residence	1 Months*
N-565 Replacement Naturalization/Citizenship Doc	3 Months*
N-600 Certificate of Citizenship	3 Months*
N-643 Certificate of Citizenship for Adopted Child	1 Month*

* Within current USCIS processing time goal of six months or less

FAR E-Verify Regulation Further Delayed

E-Verify is the Department of Homeland Security’s (DHS) Internet-based system that allows employers to verify employment eligibility by comparing employee information taken from the I-9 form against records kept in Social Security Administration (SSA) and DHS databases. The rule mandates on most federal contractors and subcontractors a modified version of the EVerify/Basic Pilot program—requiring re verification of the workforce and creating vicarious liability for subcontractors.

The last agreed suspension extended the applicability date of the rule to June 30, 2009. Today, the litigants (including SHRM, the U.S. Chamber of Commerce, and the HR Policy Association agreed to extend the applicability date to September 8, 2009, and asked the court to stay the proceedings further to allow President Barrack Obama’s Administration more time to complete its review of this rule.

Under the new applicability date, which is expected to appear sometime this week in the Federal Register, any solicitations that occur prior to September 8, 2009, would not contain the contract clauses that the rule would impose.

US-VISIT rule Expands Categories of Non-U.S. Citizens Required to Provide Biometrics

The Department of Homeland Security (DHS) began the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in 2004 to verify the identities and travel documents of aliens. Aliens subject to US-VISIT may be required to provide finger scans, photographs, or other biometric identification upon arrival at the United States, at sea or air ports of entry, while on a nonimmigrant visa.

The new US-VISIT rule, which became effective only this week on January 18th 2009, expands the categories of non-U.S. citizens required to provide biometrics who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents (LPRs). Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and those especially exempt.

The following additional non-U.S. citizens will now be required to provide biometrics when entering or re-entering the United States:

• Lawful permanent residents of the United States (LPRs);
• Persons entering the United States who seek admission on immigrant visas;
• Persons entering the United States who seek admission as refugees and asylees;
• Canadian citizens who are currently required to obtain a Form I-94 (Arrival-Departure Record) upon entry or who require a waiver of inadmissibility to enter the United States (this excludes most Canadian citizens entering the United States for purposes of shopping, visiting friends and family, vacation or short business trips);
• Persons paroled into the United States; and
• Persons applying for admission under the Guam VWP.

The US-VISIT program’s aim is to further secure the borders of the United States, prevent aliens from assuming other’s identities, and/or illegally enter the United States. Under the US-VISIT program, the arrival and departure of aliens is documented by fingerprint scans, photo identification, or other biometric identification in order to compare identities of the aliens as well as verify their travel documents so that with this information, ports of entry can cross reference government information to determine suspected terrorists, known criminals, or individuals who have violated immigration laws.

Other practical information with respect to procedures and processing:

• Canadians applying for admission to the United States under a B-1 or B-2 nonimmigrant classification for business or pleasure, which represents most Canadian travelers to the United States, are exempt and not required to enroll in US-VISIT at this time.
• Canadian citizens who must now enroll in US-VISIT are those issued a Form I-94 (Arrival Departure Record), including: Canadians applying for admission in the following nonimmigrant classifications: C, D, F, H, I, J, L, M, O, P, Q 1, Q 3, R, S, T, TN; and Canadians who are granted a waiver of inadmissibility to enter the United States.
• Canadians requiring issuance of Form I-94 are already referred to secondary inspection. Therefore, no additional wait time will be added.
• H-1B visa holders will follow existing protocols and will be screened through US-VISIT when applying for a new multiple entry Form I-94 or when referred to secondary inspection for other reasons.
• At seaports, LPRs returning from a closed loop cruise (cruises that begin and end at the same port in the United States) will be exempt from US-VISIT processing. LPRs returning to the United States from an “open” cruise will be subject to US-VISIT processing.
• Non-U.S. citizens entering or re-entering the United States at a land border port of entry will be processed differently, at the inspecting officer’s discretion:
  1. LPRs will provide biometrics only if they are referred to secondary inspection.
  2. All other non-U.S. citizens included in this final rule—unless specifically exempt—will experience USVISIT procedures during secondary inspection, just as most non-U.S. citizens already subject to USVISIT procedures currently do (e.g., those who require a Form I-94).
• Non-U.S. citizens who seek admission with Border Crossing Cards and who do not have a Form I-94 will still go through US-VISIT procedures, at the discretion of the inspecting officers.

If you have been subject to the expanded US-VISIT rule (after January 18th 2009) and would like to share your experience with others please feel free to comment.

Mithras Law Group Condemns the Terrorist Attacks in Mumbai, India

Mithras Law Group strongly condemns the terrorist attacks in Mumbai, India.

Mithras Law Group expresses our heartfelt condolences and prayers to all the victims and their families who have suffered in this tragedy.

We are thankful that our attorneys, clients, and friends in Mumbai are safe and we pray for peace and unity.

Legal/Financial Assistance Scheme of up to USD $1000 for Women Deserted by their Overseas Indian Spouses

The Ministry of Overseas Indian Affairs is running a scheme to provide legal assistance to Indian women divorced/deserted by their overseas Indian spouses.

The domicile of the woman seeking relief under the scheme is not relevant for allowing the benefit and the woman may be domiciled in the country of her overseas Indian spouse or in India at the time of making the application.

Under the scheme, Indian Missions in the USA, United Kingdom, Canada, Australia, New Zealand and the Gulf would empanel credible Indian women’s organizations, Indian community associations, and/or NGOs to provide legal aid to women in distress who have been deserted by their overseas Indian spouses.

The term “Overseas Indian” includes NRIs (Non-resident Indians) and foreign citizens of Indian origin.

The following requirements must be met in order for a woman to be eligible for assistance under this program:

·         The woman must be an Indian passport holder

·         The marriage must have been  solemnized in India

·         The woman’s spouse has deserted her in India or after being abroad within 5 years of the marriage

·         The divorce proceedings are initiated by her spouse within five years of the marriage

·         The spouse has obtained an ex parte divorce within ten years of the marriage, including alimony and maintenance being filed.

·         A woman who has criminal records or pending criminal charges is ineligible to participate in this program.

 The Indian women’s organizations/NGOs will assist with meeting the cost of filing and documentation of each case.  The limit to monetary assistance is $1,000 US dollars, which will be given to the Indian women’s organizations/NGOs, who are responsible for assisting with filing and documenting the case.  It is hoped that community advocates, especially women’s rights advocates, will aide with further legal assistance, court appearances, etc. on a pro bono basis.

Additional information on this program can be found at: http://www.indiacgny.org/php/showAddtnlArticle.php?art_id=2