new forms at bcis
Dec 4th 2003, 2:33 am
#1
Guest
Posts: n/a
new forms at bcis
STARTING Oct. 1, 2003, eight types of applications and petitions must be filed using the new forms issued by the Bureau of Citizenship and Immigration Services (BCIS).
Using the correct, acceptable form to file a petition or application with the Bureau of Citizenship and Immigration Services is essential. Old, outdated forms that are no longer in use could result in processing delay.
It is bad enough that the actual processing time has gotten longer in most BCIS Service Centers. Adding to the delay by using an old form should be avoided.
The following forms have been revised and only the new versions of these forms will be accepted by BCIS on and after Oct. 1, 2003:
• I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Record. The most current version, issued April 4, 2003, and other older versions will be accepted through to Sept. 30, 2003. This form is used if a nonimmigrant visa holder -- such as a tourist visa (B-1/B-2) either loses, misplaces or otherwise could not find the I-94 Arrival Departure document. The I-94 is issued on board an airline prior to the plane's arrival at a US port of entry.
• The I-94 indicates the type of admission, duration of authorized stay and any other annotations imposed by the immigration officer (with the Bureau of Customs and Border Protection or BCBP) at a port of entry. The I-94 is a multi-part document, one of which is attached to the nonimmigrant visa holder's passport. The other part (Arrival portion is kept by the BCBP. The Departure portion (attached to the passport) is presented to the airline when the nonimmigrant leaves the US.
• I-129S, Nonimmigrant Petition Based on Blanket L Petition. The current version was issued on April 23, 2003; prior versions are acceptable through to Sept. 30, 2003. This form is used by companies with offices in the US and abroad -- such as in the Philippines - to transfer managers or executives, called Intracompany Transferees, who shall develop and direct operations of the US company or be employed as a specialized skill employee. The category for this nonimmigrant is L-1. Firms with US office -- the petitioner (established for at least a year) with three or more foreign branches, subsidiaries of affiliates and with a combined annual sales of 25 million dollars, a US workforce of 1,000 or has received L-1 approvals for at least 10 managers/executives in the last 12 months prior to filing the I-129S -- are eligible to file the L-1 petition on Form I-129S.
• I-140, Immigrant Petition for Alien Worker. The current version was issued May 20, 2003; prior versions acceptable through to Sept. 30, 2003). This is one of the most popular and commonly used forms for petitions filed by US employers seeking to sponsor foreign workers as immigrants. Registered nurses, physical therapists, teachers are the occupations in short supply. Nurses and physical therapists are included in the Schedule A occupation, meaning the US Department of Labor has certified that a shortage for this occupation exists. Occupations in the Schedule A need not go through the labor certification process. Others would have to. The labor certification requires the publication of the job being offered to a foreign worker in a newspaper of general circulation. The employer must conduct recruitment efforts and obtain the labor certification prior to filing the I-140 immigrant visa petition.
• I-526, Immigrant Petition by Alien Entrepreneur. The current version was issued May 9, 2003; prior versions are acceptable through to Sept. 30, 2003). This form is used by a foreign investor who seeks or has established a commercial enterprise in the United States. If the investment is 500,000 dollars, the investor could set up the enterprise in designated areas only. If the investment is one million dollars, the investor can set up the commercial enterprise anywhere in the US. In both cases, the foreign investor gets a conditional immigrant status, valid for two years. Prior to the end of the two-year conditional residency, the immigrant entrepreneur must prove that the business was indeed set up, complied with the requirements involved in the visa issuance and remains an active commercial enterprise. The fee is 350 dollars. The BCIS has not mentioned about increasing the fees with the introduction of the new form.
• I-824, Application for Action on an Approved Application or Petition. The current version was issued April 4, 2003; prior versions will accepted through to Sept. 30, 2003. This form is normally used by a petitioner or beneficiary who wishes to transfer the petition file to another consular post. For example, a registered nurse working in Saudi Arabia would like to have the petition file sent to the consular post in Manila because by the time he or she is interviewed, he or she will be in the Philippines and no longer working in the Middle East. Also, the form is used to provide a consular post with another original or duplicate copy of an approved petition.
• I-829, Petition by Entrepreneur to Remove Conditions. The current form is dated May 12, 2003; prior versions are acceptable through to Sept. 30, 2003. As mentioned above, a foreign entrepreneur who was granted conditional residency based on his investment in a commercial enterprise must file a petition to remove his/her conditional residency. This is the form to be used. The spouse and minor child could be included in the application.
• N-336, Request for a Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act. Current version was issued May 10, 2003; prior versions are acceptable through to Sept. 30, 2003. This form is used if the application for citizenship by a green card holder has been denied. A green card holder is also called a lawful permanent resident. Some of the most common reasons for denial are (1) fraud or misrepresentation in obtaining the permanent residency, such as being married and keeping the information secret or unknown to the consular officer when applying for the immigrant visa; (2) criminal case(s) after being admitted as an immigrant; (3) failure to pass the tests.
• N-470, Application to Preserve Residence for Naturalization Purposes. Current form was issued May 13, 2003; prior versions are acceptable through to Sept. 30, 2003. This form is for a permanent resident alien who must leave the United States for certain employment purposes and wishes to preserve his/her status as an immigrant in order to pursue naturalization. To be granted citizenship, a green card holder must comply with -- among other things -- residency requirement. Generally, a permanent resident must have been physically present in the US for half the period required before becoming eligible to apply for naturalization. Most green card holders must wait for five years from the date of admission as an immigrant before he/she could submit the N-400 Application for Naturalization. Spouses of US citizens need wait only for three years. The permanent resident must prove that he/she has been present in the US -- continuously or cumulatively -- for half that period to qualify.
Using the correct, acceptable form to file a petition or application with the Bureau of Citizenship and Immigration Services is essential. Old, outdated forms that are no longer in use could result in processing delay.
It is bad enough that the actual processing time has gotten longer in most BCIS Service Centers. Adding to the delay by using an old form should be avoided.
The following forms have been revised and only the new versions of these forms will be accepted by BCIS on and after Oct. 1, 2003:
• I-102, Application for Replacement/Initial Nonimmigrant Arrival/Departure Record. The most current version, issued April 4, 2003, and other older versions will be accepted through to Sept. 30, 2003. This form is used if a nonimmigrant visa holder -- such as a tourist visa (B-1/B-2) either loses, misplaces or otherwise could not find the I-94 Arrival Departure document. The I-94 is issued on board an airline prior to the plane's arrival at a US port of entry.
• The I-94 indicates the type of admission, duration of authorized stay and any other annotations imposed by the immigration officer (with the Bureau of Customs and Border Protection or BCBP) at a port of entry. The I-94 is a multi-part document, one of which is attached to the nonimmigrant visa holder's passport. The other part (Arrival portion is kept by the BCBP. The Departure portion (attached to the passport) is presented to the airline when the nonimmigrant leaves the US.
• I-129S, Nonimmigrant Petition Based on Blanket L Petition. The current version was issued on April 23, 2003; prior versions are acceptable through to Sept. 30, 2003. This form is used by companies with offices in the US and abroad -- such as in the Philippines - to transfer managers or executives, called Intracompany Transferees, who shall develop and direct operations of the US company or be employed as a specialized skill employee. The category for this nonimmigrant is L-1. Firms with US office -- the petitioner (established for at least a year) with three or more foreign branches, subsidiaries of affiliates and with a combined annual sales of 25 million dollars, a US workforce of 1,000 or has received L-1 approvals for at least 10 managers/executives in the last 12 months prior to filing the I-129S -- are eligible to file the L-1 petition on Form I-129S.
• I-140, Immigrant Petition for Alien Worker. The current version was issued May 20, 2003; prior versions acceptable through to Sept. 30, 2003). This is one of the most popular and commonly used forms for petitions filed by US employers seeking to sponsor foreign workers as immigrants. Registered nurses, physical therapists, teachers are the occupations in short supply. Nurses and physical therapists are included in the Schedule A occupation, meaning the US Department of Labor has certified that a shortage for this occupation exists. Occupations in the Schedule A need not go through the labor certification process. Others would have to. The labor certification requires the publication of the job being offered to a foreign worker in a newspaper of general circulation. The employer must conduct recruitment efforts and obtain the labor certification prior to filing the I-140 immigrant visa petition.
• I-526, Immigrant Petition by Alien Entrepreneur. The current version was issued May 9, 2003; prior versions are acceptable through to Sept. 30, 2003). This form is used by a foreign investor who seeks or has established a commercial enterprise in the United States. If the investment is 500,000 dollars, the investor could set up the enterprise in designated areas only. If the investment is one million dollars, the investor can set up the commercial enterprise anywhere in the US. In both cases, the foreign investor gets a conditional immigrant status, valid for two years. Prior to the end of the two-year conditional residency, the immigrant entrepreneur must prove that the business was indeed set up, complied with the requirements involved in the visa issuance and remains an active commercial enterprise. The fee is 350 dollars. The BCIS has not mentioned about increasing the fees with the introduction of the new form.
• I-824, Application for Action on an Approved Application or Petition. The current version was issued April 4, 2003; prior versions will accepted through to Sept. 30, 2003. This form is normally used by a petitioner or beneficiary who wishes to transfer the petition file to another consular post. For example, a registered nurse working in Saudi Arabia would like to have the petition file sent to the consular post in Manila because by the time he or she is interviewed, he or she will be in the Philippines and no longer working in the Middle East. Also, the form is used to provide a consular post with another original or duplicate copy of an approved petition.
• I-829, Petition by Entrepreneur to Remove Conditions. The current form is dated May 12, 2003; prior versions are acceptable through to Sept. 30, 2003. As mentioned above, a foreign entrepreneur who was granted conditional residency based on his investment in a commercial enterprise must file a petition to remove his/her conditional residency. This is the form to be used. The spouse and minor child could be included in the application.
• N-336, Request for a Hearing on a Decision in Naturalization Proceedings under Section 336 of the Act. Current version was issued May 10, 2003; prior versions are acceptable through to Sept. 30, 2003. This form is used if the application for citizenship by a green card holder has been denied. A green card holder is also called a lawful permanent resident. Some of the most common reasons for denial are (1) fraud or misrepresentation in obtaining the permanent residency, such as being married and keeping the information secret or unknown to the consular officer when applying for the immigrant visa; (2) criminal case(s) after being admitted as an immigrant; (3) failure to pass the tests.
• N-470, Application to Preserve Residence for Naturalization Purposes. Current form was issued May 13, 2003; prior versions are acceptable through to Sept. 30, 2003. This form is for a permanent resident alien who must leave the United States for certain employment purposes and wishes to preserve his/her status as an immigrant in order to pursue naturalization. To be granted citizenship, a green card holder must comply with -- among other things -- residency requirement. Generally, a permanent resident must have been physically present in the US for half the period required before becoming eligible to apply for naturalization. Most green card holders must wait for five years from the date of admission as an immigrant before he/she could submit the N-400 Application for Naturalization. Spouses of US citizens need wait only for three years. The permanent resident must prove that he/she has been present in the US -- continuously or cumulatively -- for half that period to qualify.
Dec 4th 2003, 4:28 am
#2
Concierge
Joined: Apr 2001
Posts: 46,473
Re: new forms at bcis
Don't anyone get into a tizzy on this post. There is only document here that anyone with a marriage based application might have use of and that is form I-824.
Rete
Rete
Dec 4th 2003, 4:29 am
#3
Concierge
Joined: Apr 2001
Posts: 46,473
Re: new forms at bcis
Originally posted by elviswasmydad
STARTING Oct. 1, 2003, eight types of applications and petitions must be filed using the new forms issued by the Bureau of Citizenship and Immigration Services (BCIS).
STARTING Oct. 1, 2003, eight types of applications and petitions must be filed using the new forms issued by the Bureau of Citizenship and Immigration Services (BCIS).
Rete
