|
|
 |
The
immigration debate is underway
before the U.S. Senate Judiciary
Committee. The Committee
began its "mark-up"
earlier this month to consider
the comprehensive immigration
reform bill proposed by
Chairman Arlen Specter.
We covered the highlights
of the bill in the news
item Comprehensive
Immigration Reform debate
begins today published
on March 02, 2006.
President Bush visited India
and Pakistan earlier this
month. We were particularly
interested in the President’s
trip to Hyderabad, a city
in southern India that has
emerged as the hottest destination
for software and IT companies
to establish their presence.
Since VisaPro’s Indian
office is located in Hyderabad,
we were looking forward
to the President making
an announcement of a new
consulate in that city…
and finally we got the good
news. Our Indian office
has been serving clients
across the length and breadth
of India, irrespective of
their location, however,
a U.S. consulate in Hyderabad
will help us serve our clients
in a more personalized manner.
During the last issue of
Immigration Monitor
we discussed about the CRS
report on L-1 visa. I further
reviewed the report and
found it interesting to
note that while the 107th
Congress reduced the length
of foreign employment for
blanket visa applicants
to six months, and amended
the law to permit spouses
of L-1 nonimmigrants (i.e.
L-2 spouses) to work in
the U.S.; the 108th Congress
has made the regulations
a bit stricter. The 108th
Congress passed the Consolidated
Appropriations Act that
places restrictions on the
employment of specialized
knowledge personnel at a
worksite of an employer,
other than the petitioning
employer, under certain
circumstances. The Act further
reverted the foreign employment
period of blanket visa applicants
back to one year and also
imposed a $500 fraud prevention
and detection fee on H-1B
and L-1 petitioners. There
has been a great deal of
activity in the 109th Congress,
including proposals to establish
a cap on L-1 visas, imposition
of an additional $1,500
fee on L-1 applications,
and requiring L-1 employers
to submit LCA, however,
you are already aware that
none of these proposals
found their way in the final
version of the conference
report of the proposals
by the Senate and the House.
The Department of Health
and Human Services (HHS)
released poverty guidelines
for the year 2006 during
the last week of January.
Our In Focus
article explains the significance
of poverty guidelines in
filing an Affidavit of Support
(Form I-864). We often receive
various queries from confused
applicants, looking for
guidelines for filing an
Affidavit of Support. As
the article explains, it
is always better to obtain
professional advice if you
are confronted with too
many questions, than putting
your application at jeopardy.
The flurry of H-1B activity
is round-the-corner. Beginning
April 1, 2006, the USCIS
will start accepting H-1B
petitions for FY 2007 (October
2006 – September 2007).
I am sure employers are
waiting with their bunch
of H-1B petitions to file
them as soon as the quota
opens. We at VisaPro advise
all U.S. employers to plan
in advance and file early
to ensure that they don’t
miss the bus this time.
Don’t forget to read
our Industry Perspective
article to learn more about
the advantages of planning
and filing early.
Janet
Flores deserves
kudos this time for a well
researched and a comprehensive
response to last month’s
Immigration Quiz.
There were at least half
a dozen other answers which
missed the winner’s
podium by just a whisker.
It was a tough fight between
the final two; however,
Ms. Flores’ response
was selected as the winner
because it is more interactive
and comprehensive.
Over 31% of the participants
in Your Opinion,
our monthly immigration
poll, anticipate that guest
worker program will be the
hot topic for discussion
before the Congress during
the coming weeks. About
25% are of the view that
recapture of H-1B and immigrant
visas will be the most important
issue, whereas 24% think
that removal of illegal
immigrants will be the Congress’s
top priority. What is your
opinion on this month’s
poll question? I will wait
to see your vote.
I hope you added my name
to your address book. You
need to add Immigration-Monitor@VisaPro.com
to the list of your contacts
so that you see the Immigration
Monitor in your
email Inbox every month.
I will catch you next month
with more news from the
U.S. Senate on comprehensive
immigration reform, and
various other interesting
issues. Let me know if you
would like us to write about
an important immigration
issue in particular and
we will consider it for
inclusion in the Immigration
Monitor. |
 |
|
|
New PERM FAQs regarding posting requirements
The U.S. Department of Labor (DOL) recently
issued two new sets of PERM FAQs that
deal with posting requirements, making
corrections to a filed application,
reapplying after denial of a certification,
and a host of other issues.
U.S.
to set up another consulate in India
at Hyderabad
VisaPro has received information that
the U.S. has agreed to set up a consulate
in Hyderabad, India. When started, it
will be the fourth U.S. consulate in
India, after Chennai, Kolkata and Mumbai,
besides the embassy at New Delhi.
Comprehensive Immigration Reform debate
begins today
The much awaited Senate debate
on comprehensive immigration reform
begins today. The Senate Judiciary Committee
will hold executive business meetings
("mark-up") to consider the
comprehensive immigration reform bill
proposed by Chairman Arlen Specter.
DOS
begins issuance of Electronic Passports
The Department of State is
phasing-in the issuance of the new Electronic
Passport (e-passport) to better facilitate
international travel for U.S. citizens
and enhance border security. Previously
issued passports without electronic
chips will remain valid until their
expiration dates.
|
|
| DOWNLOAD |
| Download
this Newsletter in PDF Format. |
 |
| YOUR
OPINION |
| What
is the best approach
for the US government
to control illegal
immigration? |
 |
|
a. |
Build new fences along
the borders |
|
| b. |
Deny
government benefits |
|
|
c. |
Enforce illegal employment |
|
| d. |
Start guest worker
program |
|
|
Cast
Your Vote |
| View
Results |
|
|
 |
|
| 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 April 2006. |
|
| I
am a French citizen.
I entered the U.S.
two months ago under
visa waiver to visit
my US citizen friend.
I got married to him
last week. What are
my options of filing
for Green Card? Will
I have to leave the
U.S. to get green
card? |
| Submit
Your Answer |
|
| Winner
of the Immigration
Quiz - February 2006:
|
| Janet
Flores |
|
| The
Question: |
| I
entered the U.S. on
L-2 visa last month.
I read on USCIS website
that an L-2 spouse
is allowed to work
in U.S. but when I
applied for work and
submitted copy of
my L-2 visa and I-94,
the employer said
that I am not authorized
to work yet. I am
confused. Please suggest
what I should do. |
|
| The
Winning Response: |
| As
an L-2 visa holder
and the spouse of
the L-1 visa holder
you are allowed to
work but first must
obtain work authorization
from INS. For this
you must complete
an I-765 form for
application for an
employment authorization
card. Once you receive
your card you can
then go to the employer
with the EAD card
along with a SS# and
you should then be
allowed to work. |
|
| Janet
Flores
receives a FREE
Online Consultation
from an Experienced
VisaPro Immigration
Attorney during the
month of March 2006. |
|
|
|
|
|
Significance
of Poverty Guidelines in filing Affidavit
of Support
The HHS poverty guidelines, or percentage
multiples of them (such as 125 percent,
150 percent, or 185 percent), are used
as an eligibility criterion by a number
of federal programs by various Departments
such as Health and Human Services, Agriculture,
Energy, Labor etc. Some state and local
governments also use the federal poverty
guidelines in some of their own programs
and activities. This article explains
the significance of Poverty Guidelines
and their importance with respect to
Immigration law.
Plan
your H-1B filings: Don’t miss
the bus for FY 2007
Because of H-1B cap issues, you need
to plan for the next financial year
in advance. At this point you need to
devise a suitable strategy for hiring
a foreign national and plan the filing
accordingly. If you miss petitioning
for an employee before the cap is reached
this year, you will have to wait until
next year to file an H-1B petition or
look for an alternate visa category,
which may or may not match your requirements.
Apply for Third Country Visa at the
border
Foreign nationals,
or Third Country Nationals (TCN), often
prefer to travel to Canada or Mexico
to apply for nonimmigrant visas because
of the obvious convenience.
|
| QUESTIONS
AND ANSWERS |
| |
| 1. |
|
|
"I
am going back to the
U.S. embassy in my
home country to get
my H-1B visa. Currently
I'm on a work permit.
I wanted to know how
I should prepare and
what I can expect
at the US Embassy
- if there might be
any issues in my case
to obtain a H-1B visa....
I have heard that
some people have been
refused a visa at
the Embassy.
Once the H-1B petition
has been approved
there is usually no
problem in returning
to your home country
to get the H-1B visa.
In preparation you
should have and review
a copy of the petition
that was filed on
your behalf. Be sure
you understand what
is contained in the
petition. You should
be able to answer
questions about the
company that you work
for, your position
and your work. Where
we have seen problems
is where the person
is unable to talk
about the company
that they work for,
or when the Consular
Officer thinks that
the position is one
which does not require
a bachelor's degree
because the beneficiary
cannot describe the
work he does in sufficient
detail. |
|
| 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 |
|
|
|
|
When
you go to the interview
be sure you take two complete
copies of the H-1B petition,
not just the approval notice.
One copy is for you to give
to the consulate with your
application, and the second
copy is for you to reference
during the interview. Click
here to read an article
on how to face a consular
interview. If you have any
specific questions, you
may consult
a VisaPro attorney. |
| 2. |
|
|
I
applied for adjustment of
status based on marriage
to US citizen about 3 months
ago but have not got the
receipt notice till now.
Two months back I left US
without asking for advance
parole due to some family
problems. Right now I am
in Australia. Which is the
fastest way I can reenter
USA? |
|
Unfortunately
there is no easy solution
to your situation. Since
you left the US without
obtaining advance parole,
the USCIS will consider
your application for adjustment
of status to have been abandoned
and you will have to start
the process over. They will
still process the Form I-130,
Petition for Alien Relative,
but the other will be closed.
Since you are married to
a US citizen, and you have
filed the I-130, you would
qualify for a K-3 visa.
That visa will allow you
to return to the US to await
the approval of the I-130
and then you can refile
the I-485. Your wife will
have to get a receipt notice
(or other proof of filing
the I-130) and submit that
together with a Form I-129F
to the National Benefits
Center in Missouri. After
the I-129F is approved they
will notify the consulate
in Australia and you will
be processed for the K-3
visa. This process will
probably take 4-6 months.
Please contact
us to so that we can
discuss your situation and
assist you further. |
|
 |
We’d like to
introduce you to Mr.
Smart, a young professional
who at the time we
first met him had
just finished his
MBA degree in the
US. He looked to have
a promising career
ahead of him. After
completing his MBA
he took a position
as a Financial Analyst
with a small accounting
firm Company A in
California. He began
this position using
his Optional Practical
Training.
Because the H-1B cap
was fast approaching,
after using only a
few months of his
OPT he came to us
for assistance in
getting an H-1B. We
prepared and filed
the H-1B petition
under the Company
A. This was the first
H-1B for the small
accounting firm which
barely had an employee
or two. We received
an approval a short
time later.
He has become another
satisfied client …
but not the end of
our story.
A little over a year
later Mr. Smart was
offered a position
as the Chief Financial
Officer and Controller
for Company B, a start-up
company that provides
management and accounting
services to a group
of controlled companies.
They are also the
sole distributor of
the group’s
products under their
own brand name, in
the US. The President
of the company decided
to use a local immigration
attorney to assist
with the filing of
an H1B transfer petition
for Mr. Smart.
After filing the petition,
the local immigration
attorney received
an extensive Request
For Evidence asking
for proof that the
position of CFO/Controller
was a “specialty
occupation”
qualifying for H-1B
treatment, proof that
the employer was a
legitimate business,
proof that the position
offered was a qualifying
position and that
Company B was not
just acting as an
agent for Mr. Smart,
and that Mr. Smart
had maintained his
status while in the
US.
After reviewing the
RFE, the attorney
advised Company B
and Mr. Smart that
the H-1B could not
be approved and advised
Mr. Smart that he
would have to leave
the country immediately.
He also told Mr. Smart
that he would continue
to work on the RFE
(even though he did
not believe it could
be approved) if the
company would pay
him an additional
fee over the 5K retainer
they have already
paid.
Not believing that
this could be the
case Mr. Smart contacted
VisaPro and forwarded
a copy of the RFE
for our opinion. After
reviewing the offered
position and analyzing
the corporate and
group structure we
felt that the position
offered did qualify
for H-1B status. While
it would take some
work we felt that
the company should
pursue the H-1B for
Mr. Smart and respond
to the RFE.
We worked closely
with the company to
pull together the
information the USCIS
was asking for and
organize it in a way
that the USCIS examining
officer could understand
it. While it took
extra efforts we were
able to prepare and
submit a package that
we thought addressed
all the concerns of
the examiner. As it
turns out, we were
right. A short time
after we submitted
the response to the
RFE we received the
following message
from Mr. Smart:
| My
case has been
approved. Thank
you for the
good work and
getting an approval
on a near impossible
case. |
Unfortunately, this
is still not the end
of the story ......
The USCIS sent the
approval notice to
the former attorney
in California. The
attorney refused to
release the approval
notice or any of Company
B’s documents.
Finally, when Mr.
Smart went to the
office to try and
pick them up (he was
told they would not
give him the documents
and rudely told to
leave). The attorney
would not even respond
to an inquiry from
the congressman for
the district. We again
stepped in and assisted
Mr. Smart. The attorney
finally agreed to
forward the approval
notice to us and drop
all claims that he
was still owed money
for the preparation
of the initial H-1B
package.
While the case took
a lot of work, we
were able to get an
approval on a case
that the local immigration
attorney who originally
filed the petition
thought was impossible.
With our flat fee
structure, the client
knew exactly what
he was going to pay
well ahead of giving
us the case. Our attorneys
and immigration advisors
have the experience
to review and analyze
difficult cases and
formulate strategies
for success.
We would be happy
to review your case
and discuss your options.
|
|
|
| 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. |
|
|
|
|
