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This
month started with the announcement
from the USCIS that it had
received sufficient applications
to meet the H-1B cap for
FY 2007. Though everyone
expected that H-1B numbers
would be over in record
time this year, it was surprising
that May 26th became the
“D-day”. The
update on cap numbers released
by USCIS on May 25th showed
approximately 12,000 numbers
that still remained to be
filled and everyone was
baffled with the announcement
that all those numbers were
filled in a single day.
Later the USCIS clarified
that the cap-updates were
inaccurate because of lags
in data entry and receipting
of cases. The Advanced Degree
numbers are still available
but, as we advised earlier,
it is always prudent to
plan early and act fast,
without waiting for the
last moment.
Things were pretty cold
on the comprehensive immigration
reform front. Now that the
Senate has passed its bill,
popularly known as the “Hagel-Martinez
compromise”, a Senate-House
Conference committee will
be constituted to arrive
at a compromise. We have
learnt that the House is
considering beginning a
fresh series of hearings
on immigration reform next
month. In that case it is
unlikely that any immigration
legislation will be passed
by the Congress this year.
As always, we will keep
you updated on all the happenings
through Immigration
News as well as
the Immigration
Monitor.
This month we take you on
a wonderful journey through
the world’s romance
capital – Paris, and
the lovely city of Moscow.
Our In Focus
article focuses on the E-2
Investor visa processing
at the U.S. Embassy in Paris,
France. The U.S. Embassy
in Paris has clear procedures
to update the applicants
on the status of their E-2
visa petitions. The embassy
maintains an online record
of the applications received
and updates the status regularly
so that the applicants are
able to track the status
of their petitions online.
For the benefit of U.S.
citizens wishing to bring
their fiancé(e) from
Russia, this month’s
Immigration Article
explains the fiancée
visa processing at the U.S.
Embassy in Moscow. Over
80% of the participants
of last month’s poll
voted in favor of expanding
the benefit of premium processing
to family visa petitions.
Continuing with our discussion
on immigration reform and
the likely fight between
the pro- and anti-immigration
lobbies in the Congress,
do you think a good deal
will emerge out of the Conference
Committee? Will the House
agree to the Senate’s
proposal of increasing the
H-1B cap and the Immigrant
visa numbers? Don’t
forget to share Your
Opinion in this
month’s poll.
Wallace
Kaufman deserves
congratulations for winning
last month’s Immigration
Quiz. It seems
the question was quite simple
as we received a lot of
correct responses. Wallace
wins a FREE online
consultation with
a VisaPro attorney.
Next month may see some
activity in the House regarding
the immigration reform debate.
We will keep a close watch
on the developments and
provide you with regular
updates as and when the
House begins a fresh series
of hearings.
See you with more updates
on immigration reform and
much more in the next month’s
Immigration Monitor.
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H-1B TRACKER: Advanced Degree cap count
as of June 20, 2006
As of June 20, 2006 USCIS has approved
3,311 petitions under the Advanced Degree
Exemption category and 6,950 petitions
are pending.
USCIS
to issue RFEs for over 10,000 Fiancé(e)
petitions
In order to comply with provisions of
the International Marriage Brokers Regulation
Act of 2005 (IMBRA), USCIS will need
to issue “Requests for Evidence”
for more than 10,000 Alien Fiancé(e)
Petitions (Form I-129F) currently being
held at USCIS Service Centers.
H-1B Lottery: USCIS returns 90 to 100
cases filed on May 26
USCIS has reported that it has completed
the random lottery for the H-1B cases
received on the cut-off date of May
26, 2006 and approximately 90 to 100
cases filed on that day were returned;
rest all qualifying under the H-1B cap
for FY 2007.
DOS
changes position on L-1 blankets
The reinstated twelve-month
requirement applies to an alien who
is seeking initial classification as
an L-1 nonimmigrant on the basis of
a blanket petition filed with USCIS
irrespective of when the blanket petition
was filed.
E-2
Treaty Investor visa processing in France
There are different procedures for individual
investors or small investing enterprises
and larger multinational corporations.
In this article we cover the basic steps
in applying for an E-2 Investor visa
at the U.S. Embassy in Paris.
K-1 Fiancée visa processing in
Russia
The visa application
procedures and policies followed by
Consular Posts vary depending on the
local conditions and requirements. In
this article we aim to cover K-1 visa
processing procedures in Moscow, Russia.
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this Newsletter in PDF Format. |
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| YOUR
OPINION |
| Which
of the following do
you think the House
may agree to 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 July 2006. |
|
| 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? |
| Submit
Your Answer |
|
| Winner
of the Immigration
Quiz - May 2006: |
| Wallace
Kaufman |
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| The
Question: |
| I
am getting married
to a French citizen
next month. He is
currently in the U.S.
on E-2 Investor visa.
I am a citizen of
India, which is not
a treaty country.
Does that mean I cannot
accompany my husband
to the U.S. on E-2
dependant visa? |
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| The
Winning Response: |
| Your
spouse will be able
to accompany you to
the US since the requirement
re a treaty country
applies to the E2
visa recipient, not
to the spouse. |
|
| Wallace
Kaufman
receives a FREE
Online Consultation
from an Experienced
VisaPro Immigration
Attorney during the
month of June 2006. |
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| QUESTIONS
AND ANSWERS |
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| 1. |
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I
filed I-130
for my wife when I
was a permanent resident.
Now I am a U.S. citizen.
Do I have to file
another I-130 or should
I wait for a decision
on the one I filed
earlier?
If you become a U.S.
citizen while your
relative is waiting
for a visa, you can
upgrade your relative’s
visa classification
by upgrading your
petition. Husbands/wives
and unmarried children
under age 21 of U.S.
citizens have visas
immediately available
to them.
If you become a U.S.
citizen after your
relative’s petition
is already approved
and sent to the U.S.
Department of State,
you should notify
the National Visa
Center (NVC) by sending
a copy of your naturalization
certificate to them.
Please include a letter
with information regarding
your relative and
his/her copy of petition
approval.
If you become a U.S.
citizen and your relative’s
petition has not yet
been approved by USCIS,
you will need to contact
the Service Center
where your relative’s
petition is pending
and send them a signed
copy of your Naturalization
Certificate, along
with the I-130 receipt
number, petitioner
and beneficiary's
names and current
address of record.
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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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| 2. |
|
|
Can
you apply for a re-entry
permit for a second
time after entering the
US with the first re-entry
permit? |
|
Lawful
Permanent Residents (green
card holders) use re-entry
permits to re-enter the
U.S. after travel of one
year or more. A re-entry
permit is generally valid
for two years from the date
of issuance and the law
requires that you should
be in the U.S. to apply
for a re-entry permit.
It is difficult, though
not impossible, to obtain
a re-entry permit for a
second time, however, you
need to show very strong
reasons for doing so. You
should not abandon your
intention to permanently
reside in the U.S. Generally
a Green Card holder has
to return to the U.S. at
least once every year to
maintain permanent resident
status. We often advise
clients to do a lot of other
things to give additional
proof of their intent; such
as filing your tax returns
as a resident - even if
you are taking advantage
of the foreign tax credits
available and you have no
taxable income; maintaining
a bank account and/or credit
cards in the US; maintaining
your US driver's license;
maintaining an address of
some sort in the US, even
if it is through family,
etc.
Please note that a re-entry
permit does not guarantee
admission into the U.S.
Aliens with re-entry permits
are still subject to the
inspection process at the
port of entry. It is also
important to note that travel
outside of the U.S for more
than one year will under
most circumstances break
the continuous residence
requirement for later naturalization
purposes.
We at VisaPro have helped
numerous clients in similar
situations. Please consult
a VisaPro attorney to discuss
your case and start the
process. |
|
I am extremely happy
with the services
provided by VisaPro.
I realize our request
for service was unusual
in that we asked for
your help after an
E-2 application was
already made. Nevertheless,
the help was right
on target and provided
increased confidence
as well as sound legal
reasoning. The Attorney
was super in his ability
to listen to our history,
extract the essential
information, construct
a strong response,
and act with great
promptness.
We will be happy to
recommend your service
to our friends or
your prospective clients.
Yvette F
France
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news to report? We will give a
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best news story of the month.
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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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