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As the
New Year arrives, we
at VisaPro are striving
hard to introduce exciting
services to make your
visa processing even
more Fast, Easy and
Economical! New Year
for VisaPro will be
as exciting as ever
with new services in
the form of Immigration
Training, furthering
our commitment to educate
and equip professionals
to handle US immigration
matters single-handedly
and confidently. It
has been your continued
support and trust that
has made this journey
and every new service
introduction a memorable
moment. I wish you all
a very Happy and Prosperous
New Year!
While the New Year celebrations
haven’t yet subsided,
the political front
is heating up with the
democratic primary contenders
Obama and Clinton pulling
out all stops to beat
each other to the Oval
Office. During this
year’s presidential
campaign, immigration
has been one of the
hot-button issues catching
everybody’s imagination
on all sides of the
political spectrum.
Some analysts contemplate
that immigration policy
and immigration reform
may be the key differentiator
in determining who will
be elected.
Immigration
Workshops and Training
Seminars
VisaPro is busy preparing
for our upcoming February
workshops in India on U.S.
Immigration Strategies.
This year is going to be
as exciting as ever with
Immigration
Workshops in Hyderabad,
Mumbai, Ahmedabad, and New
Delhi. These workshops
will focus on the H-1B
visa and its alternatives
and will cover the common
issues for each relevant
nonimmigrant visa category.
The excitement does not
stop there, because the
workshops will be followed
by a first-of-its-kind Immigration
Training Program in Bangalore.
Our training program will
provide a nuts-and-bolts
overview of the H-1B and
L-1
visa application process
and is aimed at those who
want to learn how to effectively
file their own petitions
or have a more detailed
insight into the relevant
procedures. Click
here to read more details
about these upcoming events
and to view photographs
and videos from our previous
seminars.
Developments
in Immigration Law
Save
Small Business Bill
Now to the Immigration
front. The H-2B
saga continues as small
businesses are still
reeling under shock
due to U.S. Congress’
failure to pass the
2007 Save Small Business
Bill prior to adjourning
for the year. Amidst
initial speculation
and debate, the U.S.
Citizenship and Immigration
Services (USCIS) declared
that it has received
a sufficient number
of petitions to reach
the congressionally
mandated H-2B cap for
the second half of Fiscal
Year 2008 (FY2008).
USCIS notified the public
that January 2, 2008
was the “final
receipt date”
for new H-2B worker
petitions requesting
employment start dates
prior to October 1,
2008. Let us hope that
the Members of Congress
and Senators understand
the gravity of the situation
and pass the 2007 Save
Small Business Bill.
Premium Processing
for Religious Workers
Still Not Available
Applicants for R-1
Visa need to go through
the regular filing process
until July 8, 2008 as
the U.S. Citizenship
and Immigration Services
(USCIS) has extended
the suspension of premium
processing services
for religious worker
(R-1) visa petitions.
The good news is that
in the future, if USCIS
is able to properly
process these cases
within 15 calendar days
of receipt, the Petition
for a Nonimmigrant Worker
(Form
I-129) requesting
R-1 nonimmigrant visa
classification may once
again be available for
premium processing services.
Additionally, USCIS
may prescribe additional
conditions of availability
on the Premium Processing
Service for religious
worker petitions.
USCIS Seeks to Provide
Better Customer Service
This New Year, USCIS
has set a goal to provide
good quality customer
service and the first
in its series of activities
will be to expand and
improve contact services
for customers seeking
assistance with the
E-Verify program. E-Verify
will expand the available
hours for customers
to accomplish program
support by utilizing
the USCIS National Customer
Service Center (NCSC).
In the near future,
USCIS will offer additional
access methods for E-Verify
customers. In addition
to these services, USCIS
will proactively call
new E-Verify customers
within 24-48 hours of
registration to offer
additional information
and instructions.
Immigration
Articles and Other Fun
Stuff
Now for the regulars
-- this month’s
Immigration
Article will
provide an introduction
to the Labor Condition
Application. Check out
our In Focus
section which will address
the H-1B cap issues
faced by employers who
plan to file their H-1Bs
this April. 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 poll
results indicate that
60% of the respondents
do not believe that
recovering the costs
of security and other
enhancements is a valid
reason for increasing
the application fee
for U.S non-immigrant
visas. Cast your vote
to express Your
Opinion.
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Hank
Meyer deserves
Congratulations
for winning last
month's Immigration
Quiz. Answers
to the quiz indicated
that many of our
readers were unsure
as to whether
or not an L-1
transfer is possible.
However, |
Mr.
Meyer 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!
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USCIS Announces Centralized Filing Location for Certain H-1B Cap Exempt
Petitioners
U.S. Citizenship
and Immigration Services (USCIS)
announced today a new customer service
initiative to streamline the adjudication
of H-1B petitions. Effective today,
USCIS will employ a special unit
dedicated to processing these types
of H-1B cap exempt petitions at
the USCIS California Service Center
(CSC). Aliens employed by certain
types of educational, nonprofit
or governmental organizations, as
defined below (normally referred
to as “cap exempt,”
aliens employed by such entities
are not subject to the H-1B numerical
limitations). See section 214(g)(5)(a)
and (b) of the Immigration and Nationality
Act (INA); and 8 CFR 214.2 (h)(8)(A).
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| Lost
in the world of immigration
law jargon? Visit the most
comprehensive immigration
law dictionary on the
internet and discover the
meaning behind the technical
terminology... |
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Important Change in
International Land and
Sea Travel Document
Procedures
Effective January 31,
2008, U.S. and Canadian
citizens ages 19 and
older should no longer
expect that they will
be able to prove identity
and citizenship by relying
on an oral declaration
alone. Instead, travelers
will be asked to present
documents from one of
the options below when
entering the United
States at land or sea
ports of entry. Travelers
who do not present one
of the documents listed
below may be delayed
as U.S. Customs and
Border Protection officers
attempt to verify their
identity and citizenship.
H-2B TRACKER: H-2B Cap Reached For Second Half of FY 2008
The U.S. Citizenship and Immigration Services (USCIS) declared that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008 (FY2008). USCIS is hereby notifying the public that January 2, 2008 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2008.
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Don’t
Lose Your Opportunity to File
an H-1B Visa - Start Now!
The clock
is ticking and every day that
important date in immigration
- April 1, 2008 comes closer.
As many of you already know,
April 1 marks the first day
that USCIS accepts H-1B petitions
for the federal government’s
fiscal year beginning on October
1. Per regulations, employers
can file H-1B petitions no
earlier than six months in
advance of the anticipated
start date, which makes April
1 beginning of the race for
obtaining an H-1B visa before
the cap is reached.
Labor Condition Application:
An Overview
The Labor
Condition Application, or
LCA, is a prerequisite to
H-1B approval. The LCA, Form-9035,
contains basic information
about the proposed H-1B employment
such as rate of pay, period
of employment, and work location.
It also contains four standard
attestations or promises that
the employer must make. The
employer must document compliance
with the LCA requirements
in a public access file.
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| QUESTIONS
AND ANSWERS |
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My
US citizen fiancée
and I are planning
to marry in the
US in August or
September. My
US fiancée
is currently residing
in the US. After
marriage, we plan
to settle in the
US and I will
require a work
authorization
subsequent to
our marriage.
1) Which visa
is appropriate
for my situation?
2) When should
I begin the application
process to ensure
that I obtain
the necessary
visa in time?
3) How long do
I have between
the approval of
my application
and entering the
US?
4) I want to visit
my fiancée in
the US soon --
will I have to
delay my application
until after that
trip? Or will
it be possible
to enter and leave
the US while my
visa application
is pending?
1) The appropriate
visa is the K-1
fiancé
visa. Your US
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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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citizen
fiancé will petition
to the appropriate USCIS
service
center. Upon approval, the
petition will be forwarded
to the US consul in Canada
where you will apply for
your K-1 visa. The K-1 visa
will be valid for a single
entry into the US. That
single entry can be made
at any time during the 6
month validity of the K-1
visa. Upon entry into the
US on the K-1 visa, you
must marry your US citizen
fiancé within 90
days of your entry into
the US and file your application
for permanent resident status.
Included in that application
package will be an application
for a work permit and a
travel document to allow
you to work and travel while
your application for permanent
resident status is pending.
2) If you want to enter
the US on the K-1 visa
for the purpose of marrying
your fiancé in
August/September, it
is strongly advised
that you start the process
now. There are significant
processing time delays
at the USCIS service
center and the US consulate.
Processing times fluctuate
and can not be predicted.
3) As stated above,
the K-1 visa will be
issued for a single
entry which you may
use any time during
the 6 month validity
of the K-1 visa. With
the built-in flexibility,
you should be able to
time your entry to meet
your marriage target
date.
4) The filing and processing
of a K-1 fiancé
visa indicates your
immigrant intent. However,
if the issue arises
at your entry for a
visit, then your response
should be that you are
not immigrating on this
trip but will be on
a later trip with your
K-1 visa. Driving across
the border may reduce
the risk of the issue
arising. Having your
fiancé visit
you in Canada rather
than you visiting her
in the US will remove
the risk entirely. |
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| 2. |
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My wife is
an H-4
visa holder and she
plans to give a performance
at a concert hall.
The concert hall will
collect admission
fee from the audience,
but she will not get
paid. I know that
the H-4 visa holder
is not allowed to
work. Would it be
possible for her to
perform if she will
not receive any payments?
Yes, if it is strictly
a volunteer activity.
No, if it is unauthorized
employment. Employment
is defined as rendering
services in exchange
for compensation.
Since she will not
be paid, it would
appear that this is
strictly a volunteer
activity. As such,
she may perform as
long as she is not
paid.
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"I
hope that you
guys had a great
New Year !
I wanted to inform
you that I am
in US now and
doing great. I
wanted to thank
everybody involved
in this case,
specially [VisaPro
legal team] and
rest of the Visapro
team. You did
a wonderful job,
all the documents
were very well
planned and we
got the visa without
any hassle."
I appreciate your
professional and responsive
manner. Your service
is excellent. I am
sure we will be in
contact again in the
near future. However,
I would like to recommend
your outstanding services
to my friends in other
company too.
Thanks
again.
Warm regards,
Kavit
Tyagi,
Associate Director
Matrix
Laboratories Inc
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the best news story of the
month. Send
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| "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. |
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