|
|
 |
Everyone at VisaPro wishes you Happy Holidays and a Happy New Year!!
2007 has been a prolific year for VisaPro. We added immigration services to Canada and five more European countries: Germany, Belgium, Netherlands, Denmark and Spain. VisaPro’s global immigration is further expanded to Asian countries such as Singapore, Malaysia, Thailand and into our first South American country, Brazil. VisaPro is also proud to inform our readers that its presentation about Online Marketing Strategies at the Online Marketing Summit '07 was a huge hit. Learn more about "How to become successful online - Tips from VisaPro.com".
Getting back to the news for this month, the not-so-good news for non-immigrants this New Year is that all U.S. non-immigrant visas are going to cost them dearly considering the most recent Department of State fee increase. Effective January 1, 2008, the application fee for a U.S. non-immigrant visa will increase from $100 to $131. The reported purpose of this increase is to reduce the burden on the Department and help recover the costs of security and other enhancements to the non-immigrant visa application process. The increase applies both to non-immigrant visas issued on machine-readable foils in passports and to border crossing cards issued to certain applicants in Mexico.
Moving on to some of the interesting events that took place this month, the U.S. Department of Homeland Security (DHS) and the U.S. Department of State (DOS) have both issued reminders to the traveling public that as of January 31, 2008, all adult travelers will be required to present proof of citizenship, such as a birth certificate, and proof of identity, such as a valid driver’s license, when entering the United States through land and sea ports of entry. The DHS and DOS believe that this change is a required step to prepare travelers and relieve the transition to the future requirements of the Western Hemisphere Travel Initiative (WHTI). What is the WHTI you ask? It’s not a new peace initiative or exchange program. WHTI establishes new documentation requirements for travelers entering the United States who were previously exempt, including citizens of the U.S., Canada, and Bermuda. As recommended by the 9/11 Commission, Congress enacted WHTI as part of the Intelligence Reform and Terrorism Prevention Act of 2004. Critics have noted that effect of WHTI on the scores of illegal people coming through the Southern borders will be about ‘as fine as frog's hair.'
Talking about borders, the DHS is moving forward with several advancements in the construction of pedestrian and virtual fencing along the southwest border. They state that these advancements will add to more than 284 miles of fencing already in existence and will enable construction of roughly 670 miles of fencing by the end of December 2008.
The January 2008 Visa
Bulletin has been
released and most categories
showed some forward
movement. However, Indian
nationals in the EB-2
category are having
a tough time as the
cutoff date retrogressed
by two years, to January
1, 2000. Additionally,
the EB-2 category for
India could become “unavailable”
for the rest of the
2008 fiscal year if
the yearly limit is
reached in the next
few months as expected
by the State Department.
Those traveling to the US through the Washington Dulles International Airport will need to keep their fingers open and not crossed as the DHS is now collecting additional fingerprints from international visitors arriving at Dulles. This step is being taken in order to enhance security and fingerprint matching accuracy. The change is part of DHS’s upgrade from two- to 10-fingerprint collection. DOS consular officers and DHS Customs and Border Protection (CBP) officers collect biometrics—digital fingerprints and a photograph—from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at U.S. ports of entry.
On the legislative front there is still a strong movement for changes to the H-2B program, Even as efforts are pouring in from all quarters to push for an increase the H-2B cap and make the H-2B Returning Worker Exemption permanent, the USCIS has provided the latest H-2B visa cap count. While the H-2B cap has not yet been reached for the second half of fiscal year 2008 the count is adding up rapidly. The number of beneficiaries approved plus beneficiaries pending stand at 34,432, as of December 17, 2007 (the date of last count).
The USCIS is revising the filing instructions for the Petition for Alien Relative (Form I-130). As part of the continuing effort to streamline procedures and consolidate processing, effective Dec. 3, 2007, all applicants filing stand-alone Form I-130s are encouraged to file their petitions with the Chicago Lockbox instead of a USCIS Service Center. Petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. As with previous filing this routing will be based on the petitioner’s place of residence in the United States.
USCIS gave some respite to I-551 holders when Press Secretary Mr. Christopher Bentley released a statement saying that ‘Green Cards’ (I-551) with no expiration dates are still valid.
The tragic California fires have left an indelible mark on all those who have lost their homes, employment and important documents. The USCIS is putting forth an incredible effort to assist and has directed its officials to give special consideration to fee waiver requests from applicants who have lost their residence and/or employment as a direct result of the October wildfires in Southern California and are now seeking to replace certain documents.
Now for the regulars -- this month’s Immigration Article will focus on what needs to be done to extend your nonimmigrant status while in the U.S. Check out our In Focus section which will educate employers in the US about the changes to the Form I-9. We have again brought an interesting question for our opinion poll. We ask all our readers to cast their vote and we appreciate that people are taking interest in giving their opinion. Keep it up! Last month’s opinion was pretty equally divided. About half of the participants believed that giving legal status to illegal immigrants can help the government keep a closer track on them, whilst the remaining thought otherwise. Cast your vote to express Your Opinion.
|
Mario Roberto Ganjei deserves Congratulations for winning last month's Immigration Quiz. Answers to the quiz indicated that many of our readers were slightly confused as to whether or not |
a foreign national can return to the U.S. after his or her Advance Parole expires. However, Mr. Ganjei gave the right answer and won a free online consultation to discuss his Immigration issues. So get ready for this month's quiz. Your name might be featured in next month's newsletter. All the Best!!!
To ensure you receive your Immigration Newsletter, please add Immigration-Monitor@VisaPro.com to your address book or safe list.
See you next month with a lot more noise from the Immigration World!
|
 |
|
|
 |
|
 |
| Explore the best visa options for your situation and check whether you satisfy the requirements for your visa options for FREE. |
|
|
Form I-9 Compliance - Follow Now or Pay Later
If you are a U.S. employer hiring new employees, it is essential you complete Form I-9, Employment Eligibility Verification Form, for each new employee. Employers who don’t adhere to the I-9 requirements can anticipate civil and or criminal penalties. On November 7, 2007, the U.S. Citizenship and Immigration Services (USCIS) announced that a revised Form I-9 is now available. Subsequently, the USCIS announced on November 26, 2007, that all employers must transition to the revised Form I-9 no later than December 26, 2007 and employers who fail to use the revised form will be penalized.
My Nonimmigrant Status is Expiring - Help!
We understand that you may wish to remain in the U.S. for a period longer than originally planned. Nonimmigrant visas are issued to foreign nationals who intend to remain in the U.S. for, depending on the particular nonimmigrant classification, a temporary or otherwise less than permanent period of time. You may be able to continue doing the same types of activities for which you were initially admitted by applying for an extension of your period of nonimmigrant stay in the U.S. Let us analyze the U.S. Citizenship and Immigration Service (USCIS) extension requirements and see how they may apply to your situation.
|
|
|
| QUESTIONS AND ANSWERS |
| |
| 1. |
 |
|
I am an Australian citizen and currently I am working with an organization in US on L-1 visa which is about to expire in one year. Now I would like to change my status from L-1 to an E-3 visa. What efforts are required to do so if it is possible?
The E-3 visa is available for nationals of the Commonwealth of Australia who wish to enter the US to work in a “specialty occupation.” The visa is issued for an initial validity period of 3-5 years but can be renewed indefinitely and the spouse of an E-3 visa holder can be authorized to work.
Since, you now hold L-1 status; you can apply to change to E-3 status. To do so, you’ll need an offer of employment and the employer must file a petition with USCIS. This petition must be accompanied with a certified Labor Condition Application (LCA) from the Secretary of Labor. The employer must also show ability to pay and attest to certain conditions found in the LCA. As for you, you’ll need documentation to prove your nationality, as well as credentials to show you are in possession of at least a US bachelor’s degree or its equivalent.
|
|
| 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 |
|
|
|
| 2. |
|
|
My current
status is L-1B.
How can I apply for
a green card in such
a scenario? If I want
to change my status
to H-1B,
what would be the
procedure? Is it possible
for my spouse to work
on dependent visa?
There are limited
numbers of Green
Cards available
for people falling
under three categories:
First are world famous
people. Second are
people with Master’s
degree or higher and
Third are people who
are skilled workers
and have Bachelor’s
degree. It generally
takes about five years
to get the Green Card
in the Third category.
If you can get into
the EB-2
category which requires
a Master’s degree,
then you may get the
Green Card in about
a-year-and-a-half
to two years. There
are three steps to
get a Green Card. They
are 1) The Labor Certification
process 2) I-140
petition by the company
and 3) The Green Card
application by you
and your family.
Labor Certification
requires the company
to find a qualified
American worker for
your job. The company
needs to prove that
there is a shortage
of qualified American
workers. When the
Green Card application
is filed, you can
get an EAD
and the Travel
Document.
You need to find another
employer and change
your status from L-1
to H-1B. Your wife
will also have to
change status from
L-2
to H-4.
You need to find a
job which requires
a master’s degree.
There is an annual
quota of 65,000 H-1B
visas available every
fiscal year. Filing
against this quota
starts on April 1st
every year for the
employment date starting
from October 1st of
that year.
Your spouse can get
the EAD if she passes
through the labor
certification process
and may even get the
H-1B visa. She can
work on the L-2 visa
as long as you are
on the L-1 visa. The
moment you change
to H-1B, she needs
to change her status
to H-4 visa. She can
not get the EAD on
H-4 status and will
have to get an H-1B
for herself. If you
do find an employer
who is ready to file
H-1B petition on your
behalf, in order to
stay in the US you
need to maintain your
L-1B status and work
for the L-1B employer
till September 30th.
|
|
"I would like to thank all of you for working with us to get P-3 visas for 2 of my dancers. It was really wonderful to work with [VisaPro legal team] and I am very happy with the way you guided us through the entire process.
The dancers have arrived in the US and we have been having successful performances. Thanks to your hard work and persistence. If I need to apply for any visa ever again I will definitely use your excellent service. I have been recommending your company to my friends as well."
Aparna Sindhoor, Artistic Director
Navarasa Dance Theater
|
|
|
| Send Your Feedback |
| Send in your suggestions on topics that you want us to cover and Tell us what you think about us. |
| |
| Email to a Friend |
| Share this Newsletter with your Friends. |
| |
| Report Immigration News |
| Do you have any interesting immigration-related news to report? We will give a FREE Online Consultation to whoever provides us with the best news story of the month. Send your story. |
To SUBSCRIBE to this FREE Newsletter, visit:
http://www.visapro.com/Immigration-News/Select-Immigration-Alerts.asp
To UNSUBSCRIBE from this list, visit:
http://www.visapro.com/Immigration-News/Modify-Immigration-Alerts.asp
If you have any difficulties unsubscribing, please send an email.
VisaPro respects your privacy. To learn more, read our Privacy Policy.
|
| "Immigration 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. |
| Copyright © 2007 VisaPro.com - All rights reserved. |
|
|
|
|
