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Last
month I had informed you
about the intention of the
House Republicans to hold
a two-month series of hearings
on immigration reform, rather
than directly constituting
a Conference Committee to
reconcile the differences
on the immigration reform
bills passed by the House
and the Senate. The latest
news is that, in response,
the Senate Judiciary Committee
is also likely to hold similar
hearings to promote the
temporary worker program
and other provisions of
its bill on comprehensive
immigration reform. We are
keeping a close watch on
the response to these hearings
and their likely consequences
and will keep updating you
with the latest in the coming
issues of your Immigration
Monitor.
On the H-1B front, there
was some bad news for a
few H-1B applicants earlier
this month when USCIS informed
that three cap-subject H-1B
cases that were not selected
in the ‘H-1B Lottery’
conducted on May 26, 2006,
were erroneously approved.
The USCIS informed that
they would reopen the cases
on service motion to revoke
them and notify the parties
accordingly. The numbers
for Advanced Degree exemption
category are dwindling fast
and less than 10% of the
numbers remain as of July
23, 2006. With H-1B numbers
dwindling, employers are
looking for alternative
visa categories, such as,
B-1, L-1, E-1 and E-2 etc.
to transfer eligible employees
to the U.S. For those who
advocate immigration reform
and the expansion of H-1B
cap, it is time to contact
your Senators and insist
on them to push for immigration
reform, when the Senate-House
Conference Committee is
constituted.
Continuing with our series
of articles on visa processing
at embassies and consulates
across the world, this time
we move to the far-east
and visit South Korea. This
month’s Immigration
Article covers
E-2 visa processing at U.S.
Embassy in Seoul. This issue
of your Immigration
Monitor also covers
family visa processing in
the U.K., with the In
Focus article explaining
eligibility and procedure
of direct filing of I-130
petitions at the U.S. Embassy
in London.
Natalie
Bykova is the winner
of the Immigration
Quiz published
in last month’s newsletter.
It seems everyone is doing
a lot of research before
sending in their responses.
I was impressed by the number
of correct responses we
received this time and would
like to make a special mention
of Rommel Ravanera, Sabrina,
and Jenny, who gave well-researched
responses. Natalie was finally
selected as the winner by
our team of immigration
experts.
Over 30% of the participants
of last month’s Opinion
Poll are of the view that
the Senate-House Conference
committee may agree to increase
the H-1B cap, when they
meet for discussion on immigration
reform. About 25% of the
participants believe that
increasing immigrant visa
numbers would be top priority,
while the rest of the votes
were equally divided between
Guest Worker program and
legalization of undocumented
individuals. This time we
have reversed the question
and would like to have your
opinion on the provision
that is most likely to be
dropped by the Conference
Committee. Don’t forget
to share Your Opinion.
The House is expected to
begin their series of hearings
on immigration reform shortly,
and the Senate Judiciary
Committee will also follow
suit. I will wait to see
you next month with more
updates on the hearings,
and other news from the
immigration world.
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H-1B
TRACKER: Advanced Degree cap count as
of July 23, 2006
As of July 23, 2006 USCIS
has approved 6,604 petitions under the
Advanced Degree Exemption category and
12,254 petitions are pending.
DV-2007 lottery winners notified by
DOS
The Kentucky Consular Center has registered
and notified the winners of the DV-2007
diversity lottery. Since DOS has notified
over 82,000 applicants and the law allows
issuance of only 50,000 annually through
DV lottery, it is better to consult
an immigration attorney and move forward
with your application quickly.
August
Visa Bulletin: EB-2 category unavailable
for Indians
The U.S. Department of State (DOS) released
the Visa Bulletin for August, 2006 that
makes Second Preference category of
Employment Based Green Cards (EB-2)
unavailable for Indians.
USCIS Service Centers celebrate 25 years
USCIS Service Centers celebrate 25 years
of fundamentally transforming and improving
the delivery of immigration and citizenship
services.
Direct
consular processing of I-130 petitions
in the U.K.
The spouse, widow(er) and unmarried
children under 21 of a U.S. citizen,
and the parent of a U.S. citizen who
is 21 or older are eligible to receive
a Green Card under the “Immediate
Relative” category. In this article
we outline the procedure of filing I-130
petition for alien relative with the
DHS in London (direct consular processing)
and its further processing by the U.S.
Embassy, London.
E-2 Treaty Investor visa processing
in the Republic of Korea
In this article
we cover the basic steps involved in
applying for an E-2 Treaty Investor
visa at the U.S. embassy at Seoul in
The Republic of Korea, which is a treaty
country.
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this Newsletter in PDF Format. |
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| YOUR
OPINION |
| Which
of the following do
you think are most
likely to be discarded
when the Senate-House
Conference Committee
meets for discussion
on immigration reform? |
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a. |
Increase the H-1B
cap to 115,000 |
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| b. |
Increase the annual
immigrant visa numbers |
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| c. |
Guest Worker Program |
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| d. |
Legalize undocumented
individuals |
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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 August 2006. |
|
| I
have an H-1B visa
and my wife has an
H-4 dependent visa.
She recently gave
birth to a son, who
now becomes a U.S.
citizen by birth.
Does that mean that
we are eligible to
apply for a Green
Card as the Immediate
Relative of a U.S.
Citizen and can we
file for Adjustment
of Status? |
| Submit
Your Answer |
|
| Winner
of the Immigration
Quiz - June 2006:
|
| Natalie
Bykova |
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| The
Question: |
| I
am a green card holder
working in the U.S.
since the past 4 years,
earning over $80,000
annually. My fiancée
is in England and
we plan to get married
later this year. Can
she apply for K-1
fiancée visa
to enter the U.S.
so that we can marry
here? |
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| The
Winning Response: |
| No,
a foreign wife of
a Green Card holder
cannot come to USA
on a fiancée
visa (K-visa). The
petition for a fiancée
can be submitted only
by a USA citizen.
But get married and
file I-130 as a green
card holder (I-130
Petition, category
Family 2) and Time
passes quickly. By
the time you become
a USA citizen, category
will change to Immediate
relative, and you
wife will come with
a regular Green card
(no conditional one). |
|
| Natalie
Bykova
receives a FREE
Online Consultation
from an Experienced
VisaPro Immigration
Attorney during the
month of July 2006. |
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| QUESTIONS
AND ANSWERS |
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| 1. |
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I
need advice on visas
for a start-up venture.
It is a new US venture
for a UK Company.
Will this have an
adverse effect on
the application? Do
we have to create
a U.S. Company or
can it be a branch
of a UK company? Can
our employees’
spouses accompany
them to the U.S.?
When starting operations
in the U.S. you can
open the office either
as a branch office
of the UK Company
or as subsidiary using
a corporate or LLC
structure for the
US affiliate. For
immigration purposes
it is generally easier
for the USCIS to understand
the parent-subsidiary
model.
When transferring
personnel to the U.S.
to open a new office,
you have two choices.
You can bring them
over in L-1
status as multinational
executives, managers,
or persons with specialized
knowledge. If you
use the L-1 route
you can only get a
visa valid initially
for one year. At the
end of the first year
of operation you can
get an extension by
showing that the company
is up and running
and needs a full time
manager or executive. |
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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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The
second option is an E-2
visa for nonimmigrant
investors. To qualify for
the E-2 visa you have to
show that you have invested,
or are in the process of
investing, a ""substantial""
amount of capital in a ""non-marginal"
company. What is a substantial
investment depends on the
type of business being started
in the U.S. To be considered
non-marginal you must show
that the business will provide
a living for more than just
the investor, i.e., the
company will have U.S. employees.
One of the advantages of
the E-2 visa is that you
generally get 2 years to
get a company up and running
instead of the 1 year you
get with the L-1.
One other option would be
an H-1B
visa for ""specialty
occupations,""
generally a position that
requires a bachelor’s
degree as the minimum requirement
for entry into the position.
The drawback to the H-1B
(with a new company) would
be showing that the company
has the ability to pay the
offered wage.
Once the company is up and
running, you can use a combination
of visas, bringing one person
in B-1
status and one in L-1 status.
There would be no problem
in the dependant spouses
and children getting visas
to accompany their husbands
to the US. Each of the above
described work visa categories
(not B-1) have provisions
for dependants. Additionally,
if the spouses enter in
E or L status they can obtain
work authorization and work
while in the US.
We at VisaPro have helped
various clients in establishing
their companies in the U.S.
and transferring employees
to manage the business or
work with the U.S. entity.
Click
here to read an article
for more information on
using L and E visas for
starting up a company. We
advise you to consult
a VisaPro attorney to discuss
your specific issues and
determine the best strategy.
|
| 2. |
|
|
I
recently got married to
a Green Card holder and
wish to apply for a derivative
Green Card. I don’t
have my birth certificate.
Is there any other document
that I can submit along
with the petition? |
|
The
USCIS usually requires a
birth certificate if one
is available. If the birth
was not registered (as is
the case with many Indians)
you can submit secondary
evidence. The FAM lists
school matriculation records
(because they have the family
information on them) and
affidavits (they require
2) from persons who were
present or around at the
time of the birth. Best
to have someone other than
the parents (grandparents,
aunts, uncles, cousins,
close family friends, etc.)
submit the affidavit. They
need to state their names,
relationship to the child
and parents, and the circumstances
of how they know of the
birth. |
|
It’s a pleasure
to provide our full
recommendation of
VisaPro. From day
one we realized that
we were being represented
by a capable, caring,
and extremely professional
and experienced team.
VisaPro realized that
this was our first
attempt to obtain
H-2B working visas
and they were always
extremely prompt in
answering our many
questions. We are
thrilled with the
addition of our two
Canadian summer employees
and we will definitely
return to VisaPro
for our immigration
needs in the future.
Thank you again for
all of your diligent
work!
Daniel Dorr,
General Manager
Blue
Sky Pest Control
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