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December
2005 |
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The
highlight of the last festive
month was President Bush’s
comments on immigration
reform. During his visit
to Texas and Arizona on
November 28, the President
emphasized the need of better
and tougher border enforcement
and a “guest worker”
program. In the last edition
of the Immigration
Monitor we discussed
the various immigration
reform measures pending
before the legislators.
It is expected that the
negotiations in the Congress
during the next few weeks
will result in a compromise
between ‘enforcement
only’ measures and
a ‘guest worker program’.
We are keeping a close watch
on the developments and
the outcome is expected
to emerge during the legislative
process early next year.
With plenty of Christmas
shopping round the corner
and holiday mood setting
in, we at VisaPro wish to
thank you for your valuable
patronage. The past year
has been special, not just
because of the variety of
immigration activity it
has seen, but because we
have found new, innovative
ways to bring the latest
from the immigration front
delivered right into your
email inbox. A small effort
initiated just four months
ago, your Immigration
Monitor today has
over 75,000 subscribers,
the number still growing.
Technology and VisaPro,
the union between the two
has grown stronger this
year. We have become one
of the very few websites
in the immigration world
that offer RSS
(Really Simple Syndication)
feature. RSS is an innovative
way of capturing just the
information you want, when
you want, right on your
computer. You can use RSS
to receive news updates
from our website. You read
these feeds in a program
called an aggregator, which
automatically collects news
from various sections of
our website and provides
it to you in a simple form.
Do check out this innovative
feature.
Last time we had set-up
a special survey inviting
your comments to shape the
future issues of your Immigration
Monitor. Your valuable
suggestions have kept pouring
in until today, and you
will soon see them being
implemented in the future
issues. Did you miss sending
your feedback? Don’t
worry! Click
here to send in your
suggestions.
A lot of our friends have
enquired about a forum for
discussing immigration issues.
I take this opportunity
to refer you to VisaPro
Message Boards, one
of the most popular sections
of our website. It is a
place for the Immigration
Community to share thoughts,
suggestions, ideas and concerns
on a variety of topics related
to US Immigration.
With the holiday season
beginning soon, utilize
your free time to explore
what are the hot topics
of discussion and share
your thoughts. You can also
share
your immigration experiences
for the benefit of other
users of our website.
This month our In
Focus article discusses
the visa alternatives available
to a foreign national to
enter the U.S. for setting
up a new business entity.
As the article explains,
nationals from countries
with certain treaty with
the U.S. have the choice
of using E-1, E-2 or L-1
visas.
This month’s Immigration
Article is an extension
of last month’s article
on bringing your fiancée
or spouse to the U.S. The
present article discusses
the procedures involved
after your fiancée
or spouse enters the U.S.
Did you submit
your question for us
to answer them in Ask
Your Question section
of the newsletter? We are
trying to cover answers
to all your questions, either
by directly answering them
or by including the relevant
information in the articles
published in the Immigration
Monitor. So keep
your questions flowing.
You must have read the news
on VisaPro.com regarding
the computer firm that was
ordered to pay $2.65 million
as back wages and penalty
for various immigration
violations. Our Industry
Perspective article
discusses these violations
and how U.S. employers can
avoid the penalties by ensuring
compliance with law.
The Immigration
Quiz in last month’s
issue attracted a record
number of responses. I was
impressed by certain well-researched
responses. Our team had
a tough time selecting the
winner. Congratulations
to Hank
Meyer for
winning a FREE online
consultation with
VisaPro Attorney. Your
Opinion attracted
votes from over 300 participants.
Over 61% voted in favor
of a program allowing illegal
immigrants to legalize their
stay in the U.S. Don’t
forget to share
your opinion in this
month’s poll.
On behalf of the entire
VisaPro team, I
wish you a very happy New
Year. Enjoy your
holidays! Don’t forget
to view
a special greeting card,
just for you from all of
us at VisaPro. If you liked
this month’s newsletter
design, thank the entire
Graphics Design team at
VisaPro for making it more
colorful
for the holidays.
A lot of things are in the
pipe-line at VisaPro for
2006. We look forward to
introducing a variety of
user-friendly features to
provide you with an amazing
experience. One of them
is an exclusive feature
that will help you determine
the visa options available
to you based upon your education
and professional background,
allow you to check your
eligibility for various
visas… and much more!
Keep enjoying your journey
through VisaPro.com.
See you in 2006 with the
latest activity on the immigration
front. |
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Gear
up to file H-2B petitions for second
half of FY 2006
With the H-2B numbers for
the first half of FY 2006 going very
fast, it is time for employers planning
to employ foreign workers in the second
half of the fiscal year to start preparing
for the H-2B petition process.
The United States welcomes highest number
of travelers in history
U.S. Customs and Border Protection
(CBP) Commissioner Robert C. Bonner
recently announced that the CBP cleared
86 million arriving air passengers from
abroad in the U.S. for FY 2005, which
is the largest number of air passengers
traveling to the U.S. in history, and
also marks the first year that the number
of air passengers surpassed pre-9/11
levels. |
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| DOWNLOAD |
| Download
this Newsletter in PDF Format |
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| YOUR
OPINION |
| The
US welcomed 86 million
air passengers in
2005, which is the
highest in the US
history. Does this
mean increased security
threats? |
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a. |
Yes |
| b. |
No |
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Cast
Your Vote |
| View
Results |
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| IMMIGRATION
QUIZ |
Win
a FREE Online Consultation!
Submit
your answer to the
query below. The best
response will be published
in the next Immigration
Monitor and
the winner will receive
a FREE
Online Consultation
from an Experienced
VisaPro Immigration
Attorney during the
month of January 2006. |
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| I
hold a 10-year multiple
entry B-1/B-2 visa
valid till 2008. I
entered the U.S. on
B-1 status and changed
status to H-1B. I
intend to quit the
job and start my own
company in China.
Can I continue to
use my existing B-1
visa for short visits
to the U.S.? |
| Submit
Your Answer |
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| Winner
of the Immigration
Quiz - November 2005:
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| Hank
Meyer |
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| The
Question: |
| I
entered US on a six
month H-2B visa to
work for a hotel in
Florida four months
back. But I got a
better job offer from
another employer and
started working for
them without informing
the immigration authorities.
Someone told me that
my stay is not valid.
Is it so? |
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| The
Winning Response: |
| In
the H2B category,
there is not the same
"portability"
privilege as is accorded
the H1B - if an H2B
beneficiary is going
to work for more than
one employer, EACH
employer must submit
a petition on behalf
of the beneficiary.
The individual in
question is violating
status as his/her
petition only allowed
temporary, seasonal
employment for the
first hotel. The alien
would need a new,
approved petition,
made by the new employer
and an authorized
change of status or
depart from the US
and reapply for the
H2B with the new petition. |
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| Hank
Meyer
receives a FREE
Online Consultation
from an Experienced
VisaPro Immigration
Attorney during the
month of December
2006. |
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House passes its version of Budget Reconciliation
Bill
The U.S. House of Representatives
on Friday passed its version of the
Budget Reconciliation Bill. This version
does not include the provisions related
to the recapture of unused H-1B and
Immigrant visa numbers from the previous
years passed by the Senate, but imposes
a $1500 fee increase on L visas.
Revised
procedures for Battered Spouse or Child
self-petitions
USCIS memorandum provides guidance on
change in the self-petitioning eligibility
requirements regarding the effect of
an abuser’s loss of immigration
status prior to the filing of and following
the approval of a self petition.
Setting up a new business: Choosing
between L-1 or E visa
Generally L-1 visas are used to set-up
a new entity in the U.S. when it is
a subsidiary, parent, branch, or affiliate
of an overseas company. However, foreign
nationals from countries with certain
treaty with the U.S. have the choice
of using E-1, E-2 or L-1 visa for establishing
a new entity in the U.S.
DOL
penalizes computer firm for H-1B violations:
How to develop an effective Compliance
Strategy
In a settlement reached with the Department
of Labor recently, a Southfield, Mich.
Firm has agreed to pay $2,250,000 in
back wages to 232 computer professionals
and a $400,000 fine to settle immigration
law violations. The company is also
prohibited from participation in the
H-1B visa program for 18 months.
Green
Card through Marriage to U.S. Citizen:
The Procedures
Securing permanent residence through
Marriage to a U.S. Citizen is a multi-step
process. Some of these steps are required
to be completed before your fiancé
or spouse enters the US and some after
entering the US. In the article U.S.
citizen marrying a foreign national:
Issues involved which was published
in last month’s Immigration Monitor,
our monthly newsletter, we covered the
requirements, benefits, and application
process of the K-1, fiancé visa,
and K-3, spouse visa. In this article
we shall cover the steps involved in
getting permanent residency after entering
the U.S.
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| IMMIGRATION
GLOSSARY |
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Fiscal
Year
Currently, the twelve-month period
beginning October 1 and ending
September 30. Historically, until
1831 and from 1843-49, the twelve-month
period ending September 30 of
the respective year; from 1832-42
and 1850-67, ending December 31
of the respective year; from 1868-1976,
ending June 30 of the respective
year. The transition quarter (TQ)
for 1976 covers the three-month
period, July-September 1976.
Removal
The expulsion of an alien from
the United States. This expulsion
may be based on grounds of inadmissibility
or deportability.
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| QUESTIONS
AND ANSWERS |
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| 1. |
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Can
an expired H-4 (30
days) be renewed without
leaving the country?
Generally, a person
has to be in legal
status in order to
be able to file and
obtain an extension
of status from the
USCIS. But the regulations
allow the USCIS to
approve a request
for an extension if
the person was out
of status through
no fault of their
own and they have
not otherwise violated
their status. If the
USCIS does not extend
the I-94, the H-4
dependant has to return
to their home country
and reapply for a
valid visa. We at
VisaPro have successfully
helped numerous clients
in a similar situation
and have received
extension approvals
from the USCIS. |
| 2. |
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If
an F-1 nonimmigrant
marries a US permanent
resident, what happens
to his/her status? |
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| GOT
A QUESTION? |
If
you have
a short,
simple
query
on immigration
to the
U.S.,
send your
questions
to us.
We will
select
and answer
a few
of the
queries
in every
issue.
Note:
Responses
posted
in this
section
provide
only general
information.
Since
immigration
law is
a complex
matter,
please
consult
an immigration
attorney
before
acting
upon any
responses
provided. |
| Ask
Your Question |
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Marriage
to a US permanent resident
does not
automatically terminate
your student status and
your OPT. It only affects
your ability to travel outside
the US and return. Once
your permanent resident
fiance becomes a citizen,
and you marry, you will
be an immediate relative
and will be able to file
for adjustment of status.
This also allows you to
get work authorization and
travel authorization (Advance
Parole).
If you marry before your
fiance becomes a citizen
you would be a family-based
second preference (spouse
of a permanent resident)
which has a 4-5 year backlog.
Your fiance can file the
relative petition (Form
I-130) for you but can't
file for the green card
until your priority date
is current. Meanwhile, you
need to maintain valid student
or other nonimmigrant status
while the green card petition
is pending. |
| 3. |
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What
do I need to do to marry
in the Philippines to a
non-US citizen?
There are basically 2 options
available to bring your
foreign national spouse
into the US after you get
married in the Philippines.
Once you are married your
spouse qualifies as an immediate
relative. This means that
there is a visa "immediately"
available. However, that
does not mean that your
spouse will be able to travel
back with you as soon as
you get married. You will
have to file an immediate
relative petition and wait
for the processing.
Option 1
is to file the I-130 at
the US Consulate in Philippines
and have them complete the
processing.
Option 2
is to file for a K-3
visa for your spouse after
you have filed the I-130.
The K-3 visa will allow
your spouse to come to the
US and stay and work while
the USCIS is working on
the I-130. K-3 processing
is generally quicker than
waiting for the I-130 to
be approved and completing
the immigrant visa processing
at the consulate (again
this will depend on whether
the consulate with jurisdiction
over your spouse’s
residence in Philippines
will process the I-130 there).
You may also want to consider
the K-1
fiance visa option where
your fiance enters the US
and you get married within
90 days. This is often the
quickest option for foreign
nationals wanting to get
married to US citizens.
Also, read the article U.S.
citizen marrying a foreign
national: Issues involved
to learn more about the
various options. |
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"VisaPro recently
processed L-1 visas
for me and my family.
I'm quite impressed
with the knowledge,
efficiency, speed,
and professionalism
of your service. VisaPro
provides a more open
and transparent service.
At each step I was
directed in such a
manner that the entire
process became easier
for me. Each member
who handled my case
knew precisely the
background. Even when
I enquired any information
over the telephone,
I was provided with
the required information
very quickly. It was
a cakewalk, to have
processed L-1 visa
through VisaPro.
Our company has expanding
businesses in USA
and we shall need
your courteous and
economical services
in the future too.
I will be sure to
recommend your services
to my colleagues when
they need future visa
services for USA.
Please convey my hearty
thanks to all the
team at VisaPro."
Many Thanks and Best
Wishes,
Prashant Deshpande,
President & CEO
Expert
NetCAD Inc.
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Monitor" is published
monthly for users and clients of VisaPro.com.
Our goal is to help keep you informed
of the trends and events related to
US Immigration. |
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