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VisaPro wishes you Happy Holidays and a prosperous Happy New Year!!
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It
is the last month of the year
and the end of 2010 DV Lottery
program. |
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Other than final flurry of DV 2010 lottery
filings December was marked as a period
of relative tranquility in the immigration
landscape. The Diversity Visa Lottery
program for 2010 ended on December 1,
2008. Approximately 10 million online
applications were received from the
six geographic regions included in the
lottery. A maximum of seven percent
of the 55,000 DV visas are available
to persons born in any single country.
Now we wait for the results to know
the names of those fortunate ones who
win the Green Card Lottery for 2010.
Who knows you might be one. Everyone
is excited and eager but, we all have
to wait for results.
The
USCIS has released a reminder
informing prospective employers
and potential employees that the H-1B "filing season" begins on April
1, 2009. If excess H-1B petitions
are received (as has been the
case for the past several years),
USCIS will use a computerized lottery to choose
the petitions that will be awarded a
visa number. Prudent employers should
plan to file their cases so they arrive
at the USCIS on April 1 to ensure that
they are included in the selection process.
The USCIS, therefore, advises employers
to begin their employment planning as
soon as possible so that H-1B petitions
can be prepared well in advance of the
April 1 filing date. Additionally, employers
should consider obtaining certified Labor Condition Applications (LCAs)
as soon as possible, especially in light
of forthcoming processing changes at
the US Department of Labor (DOL). DOL
has announced its intent to scrutinize
LCAs more closely beginning in early
2009. In the past, labor condition applications
were processed very quickly, sometimes
in a matter of minutes. However, beginning
in 2009, DOL is expected to take up
to seven days (or more) to process LCAs.
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If
retirement is in your near future,
and spending those retirement
years in the US is part of your
plan, then there's good news for
you. Real Estate agents in the
United States hope that the |
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impending change of government will
help to generate renewed enthusiasm
for the 'Silver Card,' a retirement
visa which would allow foreigners to
spend their retirement in the U.S. Some
close neighbors, such as Mexico, Panama,
Costa Rica, and Belize, have a variety
of programs designed to encourage international
pensioners to settle and buy homes in
their countries. However the US offers
no simple path for a foreign national
to retire to destinations such as Florida
or California. A recent study found
that 7.5 percent of foreign citizens
polled expressed an interest in retiring
to the US. This, it is expected, could
translate into millions of potential
buyers, and would provide a much needed
boost for the stagnant housing markets
in states such as Florida, California
and Colorado. However, even with immigration
matters generally high on the agenda
in the US, right now the NAR seem to
be holding back on the concept. Maybe,
the Florida Association of Realtors
can use the financial crisis as a springboard
to help find a legislator willing to
carry the proposal to Congress.
| Barak
Obama, soon to be the 44th President
of the United States, with a view
to economic conditions of the
country, has initiated certain
measures to begin the recovery
process. President elect Obama
and Senator Joe Biden (the vice-president
elect) plan to restore fairness
to the US tax code and provide
95 percent of working |
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Americans the tax
relief they need. Their plan includes
creating a new "Making
Work Pay" tax credit of up to $500
per person, or $1,000 per working family.
They will also introduce policies to provide tax relief for small businesses
and startups by eliminating all capital
gains taxes on startup and small businesses.
These later policies are designed to
encourage innovation and job creation.
Obama and Biden also plan to fight for
a trade policy that opens up foreign
markets to support good American jobs.
They will use trade agreements to spread
good labor and environmental standards
around the world. We will soon be able
to see if their intended reforms come
to fruition.
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Well,
now to the not so good news. The
US Immigration and Customs Enforcement
(ICS) has released its most current
statistics. The statistics show
that the deportation of foreign
nationals has certainly hit a
new peak. The year witnessed a
tremendous increase in the number
of foreign nationals |
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deported from the
United States, which indirectly indicates
that the number of illegal immigrants
coming to the United States has continued
to increase. Nationwide, deportations
have increased as approximately 350,000
immigrants have been sent home through
the end of the fiscal year, September
2008, compared with only about 174,000
in the same period in 2004.
Other Developments in Immigration Law:
USCIS to Streamline H-2B Visa Procedures
The USCIS has recently announced that it has submitted to the Federal Register a Final Rule that will change the requirements affecting H-2B beneficiaries and their employers. The Final Rule will facilitate the process by which employers hire workers to participate in the H-2B visa program. The changes are being proposed in further fulfillment of the commitment made by President Bush’s Administration in August 2007, after the failure of comprehensive immigration reform in Congress, to address immigration challenges, including review and improvement of temporary worker visa programs using existing authorities. This final rule supplements the extensive reforms of the H-2B program that are included in the Final Rule published by the Department of Labor.
USCIS Streamlines the H-2A Visa Program
The USCIS has announced changes to the H-2A visa regulations that will streamline the hiring process of temporary and seasonal agricultural workers. The proposed changes in the H-2A visa program will facilitate the H-2A visa process for employers by removing certain limitations and will further encourage lawful employment in the United States. This rule will also establish a land-border exit system pilot program requiring H-2A workers admitted through a port of entry participating in the pilot program to also depart through a participating port and to present designated biographic and/or biometric information upon departure.
USCIS Revises Employment Eligibility Verification (Form I-9) Process
The USCIS has submitted an interim final rule that will streamline the Employment Eligibility Verification (Form I-9) process. The employers must now use the revised Form I-9 for all new hires and to re-verify any employee with expiring employment authorization beginning 45 days after publication in the Federal Register. The current version of the Employment Eligibility Verification (Form I-9) (dated 06/05/2007) will no longer be valid as of 45 days after publication in the Federal Register.
EADs Extended for Eligible Salvadoran TPS beneficiaries
The USCIS on December 12, 2008, announced an automatic extension of the validity of Employment Authorization Documents (EADs) for eligible Salvadoran TPS beneficiaries for six months through Sept. 9, 2009. This will allow sufficient time for eligible TPS beneficiaries to re-register and receive an Employment Authorization Document (EAD) without any lapse in employment authorization.
Immigration Articles and Other Fun Stuff:
'Are you planning to apply for an H-1B Visa?' If yes, then do you know not all the H-1B Employees are counted towards the CAP? Hold on your breath to read this month's Immigration Article which tells you the H-1B Cap limits, the H-1B Cap Exemption, who are subject to it and who exempts from it. Also check out our In Focus section for this month which gives you detailed insight of the L-1B Intra-Company Transferee visa for the 'Professionals with Specialized Knowledge'. If your company is seeking to apply an L-1B for you then this article is worth reading.
Every month we introduce a new and interesting question for our opinion poll. Last month's poll results indicate that approximately 82.14% of the respondents believe that the Trade-NAFTA workers from Canada or Mexico can seek admission to the United States for a period of three years. We appreciate that people take interest in the opinion question and cast their vote to give us their feedback. Keep it up! And continue to cast your vote to express Your Opinion.
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We
congratulate Monika Sharma for winning last month's Immigration Quiz. Again, we received a significant number of responses from our readers, who talked about various solutions to support their position, but Monika Sharma gave the correct answer |
and won a free online consultation to discuss her Immigration issues. So it’s time to get ready for this month's quiz. If you know the correct answer 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!
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Are you planning to enter, live, work, study, invest or retire in the U.S.? If your answer is YES, then you will want to read VisaPro’s exclusive Immigration Reports. Click here to download and read VisaPro’s exclusive Immigration Reports.
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Wanted
to take part in our immigration
events, but missed your chance?
Check out the informative
library of immigration law
videos from past conferences.
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Latest Update: H-2B Count for the Second Half of Fiscal Year 2009
The USCIS, on December 15, 2008, updated the count of H-2B petitions received and counted towards the H-2B cap for the second half of the Fiscal Year 2009. As of December 15, 2008, 18,367 H-2B petitions have been counted towards the H-2B cap of 33,000 for the second half of FY 2009.
USCIS’ New Rule for Nonimmigrant Victims of Human Trafficking and Specified Criminal Activity
The USCIS, on December 08, 2008 announced an interim final rule that will allow "T" and "U" nonimmigrants to adjust their status and become lawful permanent residents. The interim final rule implements the provisions of the Victims of Trafficking and Violence Protection Act of 2000, and will take effect 30 days after publication in the Federal Register. However, both "T" and "U" nonimmigrants should be in valid nonimmigrant status at the time of application. USCIS can adjust the status of up to 5,000 "T" visa holders annually. This cap does not apply to family members of the principal "T" nonimmigrant status holder. There is no numerical cap on adjustment of status for "U" nonimmigrants.
Fact Sheet: USCIS Publishes New Rule for Nonimmigrant Victims of Human Trafficking and Specified Criminal Activity
The USCIS has released a set of Q & As immediately after its announcement of an interim final rule that will allow "T" and "U" nonimmigrants to adjust their status and become lawful permanent residents. The interim final rule implements the provisions of the Victims of Trafficking and Violence Protection Act of 2000, and will take effect 30 days after publication in the Federal Register.
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Specialized Knowledge: How the L-1B Can Work For You
The L-1B visa classification has been a useful method for multinational companies to transfer their key employees to the United States to manage the key activities of the business. The L-1 visa certainly has many advantages over other types of nonimmigrant visas however it has its own hurdles also; especially the L-1B visa classification. In the last few years, it has been observed that the government perceives the L-1B visa classification as "vulnerable and susceptible to fraud." Thus, proving the specialized knowledge is often the most difficult hurdle in L-1B visa petitions. This article is designed to explain you the factors that constitute as specialized knowledge and list the requirements that help the employers to establish a strong case for the L-1B visa for their employees.
The H-1B Cap - Who is not subject to it?
We all are well aware of the H-1B cap restriction but most of us aren't aware of the fact that not every H-1B petition is subject to the cap. The H-1B cap is the biggest concern both for prospective employers and proficient employees. While the H-1B cap is currently set by statute at 65,000, there are several exemptions that raise the actual number of new H-1Bs each year. It is highly important that you carefully analyze which H-1B cap exempt category you or your employer call into. This article has been designed to assist the employers and the employees from becoming the victim of the H-1B cap restriction. Go ahead…read the article and enjoy your H-1B filing without falling prey to the H-1B Cap.
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QUESTIONS
AND ANSWERS
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I currently live and work in the USA on L1 processed by my employer; I was transferred from Australia to the US. My home country by birth is India, but I hold an Australian citizenship and passport now. I would like to know - if I find a position with another employer who is US based, can that employer process the E3 visa that is meant for Australian citizens? I have a Post Graduate Diploma in Management (1 yr), a Bachelor's Degree in Science (3 yrs) and close to 20 years relevant work experience in the area of my work which is project and engagement management in the IT industry. What will be the impact on my EB-1 green card process which is under process? Of course I realize that if I leave my current employer I can lose that priority but what is the prognosis for a green card under the E3 visa? Does the E3 visa come under a quota system like the H1?
As an Australian citizen you would qualify for the E-3 visa. The visa is available for "specialty occupations," |
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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. |
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Your Question |
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which include most positions that have a minimum education requirement of a bachelor's degree. With your education and experience you should easily qualify for the visa. The E-3 is limited to 10,500 individuals each year. The 10,500 limit does not include spouses and children. There are currently plenty of the E-3 visas available, and the cap is not fully utilized every year. If you leave you current employer the EB-1 petition for you as a multinational manager will no longer be valid. Any new employer will have to start the process for you from the beginning. This will most likely include going through the Labor Certification process. If the position that the labor certification is based only requires a bachelor's degree there is a backlog of several years. If the position requires a master's degree (which it appears that you would have the equivalent of) it would fall into the EB-2 (Employment-based 2nd preference) category, which is current - i.e., no waiting to file for permanent residence. The chances for success will be dependant on the type of job you take. If your I-140 through your current employer gets approved before you leave your current company, and your Adjustment of Status application has been pending for longer than 6 months, you can keep the underlying I-140 valid as long as you move a job that is in the "same or similar job classification." |
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I am currently working in the US, in the state of California, on a H1-B Visa which has just been granted a 7th year extension, as I also have a Green Card application in progress through my employer. I am traveling to the UK next month and understand that in order to return to the States I need to ensure that I have the H1-B Extension Visa placed in my passport. As such, I have made an appointment with the US Consulate and understand that there are certain forms that I need to ensure I take with me. I want to know what would be my position if the consulate refuses the visa for any reason; and if this is the case will I be able to appeal the decision? And/or return to the US to work? |
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You are correct. You must have a new visa stamp in your passport to be able to return to the US. The documentation that you need to take to the US consulate for the 7th year extension is the same as for any new H-1B extension, except that you also need to take the proof that you have had a labor certification pending for longer than one year. This should have been included in the last H-1B petition filed on your behalf, so providing a copy of the complete petition, as we always recommend, should be sufficient. Should the consular officer deny the visa (which is not likely) you have a couple of options. At this stage, the only reason the visa should be denied is if you have been convicted of a crime since your last visa application. The first step is to request a review by the Chief Consul. Depending on the reason for denial, the Chief Consul can overturn the officer that made the decision or 'suggest' that the officer review the decision again. If the Chief Consul will not review the decision, you can request review by the Visa Advisory Office in Washington DC. The VAO can overturn the officer and direct them to issue the visa. Unfortunately, if the visa is refused, you cannot reenter the US to work until the situation has been cleared. |
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