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President
Obama completed his first 100
days as a President of the United
States of America on April 29,
2009. The president continues
to enjoy high marks from the public–69%
of people approve of the job Obama
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doing according to the latest Wall Street
Journal. NBC News poll says, Barack
Obama received better ratings than either
former Presidents George W. Bush or
Bill Clinton had at their respective
100-day marks.
As Barack Obama completes his first
100 days as U.S. president, his performance
is being compared with that of former
President Franklin D Roosevelt. President
Obama says, “I’m confident
in the future, but I’m not content
with the present.”
The president continues to get high
personal favorability ratings across
a range of attributes. Overall, 72 percent
of Americans have a favorable impression
of Obama, down slightly from the eve
of his inaugural but far higher than
it was during the 2008 campaign. The
Washington Post reported President Obama’s
overall rating remains high, with 69
percent of Americans approving of his
job performance.
Opps! The
H-1B Cap Is Not Reached Yet:
In a dramatic change from the past few
years, it has been more than a month
since the H-1B
filing period began and the USCIS reports
that it has not yet reached the H-1B
cap for fiscal year 2010. This literally
has been one of the biggest surprises
of the year. USCIS on April 27 informed
the public that they have received approximately
45,500 H-1B petitions for fiscal year
2010 employment. And their next update
on May 5 showed there was no change
in the H-1B cap numbers.
The economic recession and TARP funding
rules have made H-1B hiring tough. With
so many difficulties for H-1Bs already
lined up, along came the Durbin-Grassley
Act. Senators Dick Durbin (D-IL) and
Chuck Grassley (R-IA) on April 24, 2009,
introduced the H-1B and L-1
Visa Reform Act. The Durbin-Grassley
Act aims to reform the H-1B and L-1
guest-worker programs to prevent abuse
and fraud and to protect American workers.
Most professionals seem to prefer to
work in their home country rather than
coming to US with the risks and uncertainties
they will face. However, the USCIS presumes
that the H-1B visa demand will increase
in the coming weeks, as students complete
their degrees and/or complete their
OPT and become eligible for H-1B visa.
Contact
VisaPro immediately to assist you
with the H-1B filing using the fast,
easy and economical online visa processing.
The Durbin-Grassley
Reform Act:
| Assistant
Senate Majority
Leader Dick Durbin
(D-IL) and Senator
Chuck Grassley
(R-IA) on April
23, 2009, introduced
the H-1B and L-1
Visa Reform |
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Act - a narrowly-tailored
bipartisan legislationthat
would reform the H-1B
and L-1 guest-worker
programs to prevent
abuse and fraud and
to protect American
workers.
It is the second time in two years
Senators Grassley (left in picture)
and Durbin proposed legislation that
aims to curb the use of H-1B and L1
visas. They introduced a bill
that prohibits employers from hiring
additional H-1B and L-1 guest workers
if over 50 per cent of their employees
in the US are H-1B and L-1 visa holders.
The H-1B program allows US companies
to bring in foreign skilled workers
when such skills are in short supply.
"Our immigration policy should
seek to complement our U.S. workforce,
not replace it," Durbin said
in introducing the bill. "Some
employers have abused the H-1B and
L-1 temporary work visa programs,
using them to bypass qualified American
job applicants. This bill will set
up safeguards for American workers,
and provide much-needed oversight
and enforcement of employers who fail
to abide by the law."
"This is about protecting the
American worker," said Senator
Grassley. "We're closing loopholes
that employers have exploited by requiring
them to be more transparent about
their hiring and we're ensuring more
oversight of these visa programs to
reduce fraud and abuse. A little sunshine
will go a long way to help the American
worker."
The Senate is not only looking into
abuses of the H-1B program, but has
also started taking a close look at
the L-1 visa. With the Senate requesting
tougher scrutinizing of worker visas,
we may soon see many companies refraining
from hiring skilled foreign workers
to avoid unnecessary hassles.
Many believe if this bill
is passed, it will make America globally
less competitive. Many skilled
workers would start looking at European
countries rather than the US. These
countries would love to have these
skilled workers to gain an edge over
their counterparts. If this were to
happen America could lose its leading
position in the world.
On other hand, foreign students and
workers who might prefer to stay in
the US can, and increasingly will,
also return to their home countries
to launch businesses. They can then
compete with American companies instead
of adding value to them. And when
they return home, they can honestly
say that America is not the land of
opportunity for people like them.
Other
Developments in Immigration Law
DOL Postpones Use of iCERT
System for LCAs
The Department of Labor (DOL) has postponed
obligatory use of the new iCERT online
portal for labor condition applications
(LCAs). Employers will now be able to
use the legacy online system for H-1B,
E-3
and H-1B1
LCAs through June 30. USCIS Update
on Extension of J-1 Entry Date and Qualification
for Conrad 30 Program
USCIS reminds public that the Public
Law 111-9 extends the date by which
international medical graduates are
to be granted J-1
nonimmigrant status in order to later
qualify for the “Conrad 30”
program.
USCIS Revises Form I-914 for
T Nonimmigrant Status
USCIS recently issued a revised version
of Form I-914,
Application for T Nonimmigrant Status,
with a 3/30/09 edition date. USCIS will
accept older editions of the form for
30 days until 6/6/09. The revised Form
I-914 is effective May 6, 2009.
Immigration
Articles and Other Fun Stuff
Now for the regulars – this
month's Immigration Article
entitled ‘Can One Get Married
On a Tourist Visa?’ discusses
all the pros and cons of one getting
married to a US citizen on a tourist
visa. Also check out our In
Focus section for this month,
which is designed to help you understand
the meaning and purpose of the Electronic
System for Travel Authorization (ESTA).
The article also throws a light on
the differences between the Electronic
System for Travel Authorization and
a visa.
Every month we introduce a new and
interesting question for our opinion
poll. Last month’s poll results
indicate that 55%
of the respondents believe that USCIS
will receive enough petitions to meet
the H-1B cap for the FY2010. 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 Abbas
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
Abbas gave the
correct answer and won a free
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online consultation to discuss the concerned 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 
to your address book or safe list.
See you next month with
a lot more noise from the Immigration
World!
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Do
you find yourself in a situation when you
are asking ' How
Do I' get out of this, then the new
"How do I" section on VisaPro
will help you deal with and avoid such situations. |
|
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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USCIS
Received Only 45,500 H-1B Petitions
Till Date
USCIS updated the count of H-1B petitions
received and counted towards the H-1B
cap for the fiscal year 2010. As of
May 17, 2009, USCIS has received 45,500
H-1B cap subject and 20,000 advanced
degree petitions. USCIS however will
continue to accept both cap subject
petitions and advanced degree petitions
until a sufficient number of H-1B
petitions have been received to reach
the statutory limits.
State
Department Releases June 2009 Visa
Bulletin
The State Department has recently
released the Visa Bulletin for June
2009. As per the June 2009 Visa Bulletin,
the waiting period for the second
employment-based green card (EB-2)
category will increase considerably
for India next month. The State Department
will impose a cut-off date of January
1, 2000 for EB-2 India – a retrogression
of more than four years – in
order to make sure that annual quotas
are not exceeded. The third employment-based
preference category (EB-3) will remain
unavailable for all countries and
waiting periods for all other employment-based
categories will be unchanged.
Law
Extends Non-Minister Special Immigrant
Religious Worker Program
USCIS announced the extension of non-minister
special immigrant religious worker
program through September 29, 2009.
Unless Congress extends the expiration
date of the program, USCIS will suspend
processing of affected applications
and petitions on September 30, 2009.
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What
is ESTA: Is ESTA Required For Travelers Under
the Visa Waiver Program (VWP)?
What is ESTA? Is ESTA really required for
travelers under the visa waiver program (VWP)?
People often confuse the ESTA Travel Authorization
with a visa but it is not true. The ESTA Travel
Authorization is not a visa. Then what actually
is an ESTA? This article is designed to help
you understand the meaning and purpose of
the Electronic System for Travel Authorization
(ESTA). The article also throws a light on
the differences between the Electronic System
for Travel Authorization and a visa. The Electronic
System for Travel Authorization has made visiting
the United States an easy and simple process
for the millions of visitors under the Visa
Waiver Program; read out the article to find
out how.
Can
One Get Married On a Tourist Visa?
“Can one get married on a tourist visa?”
is a million-dollar question as it disturbs
many people especially those who have marriage
plans in the US but have no time to file for
K-1 Fiancé visa and are certainly left
with the only option of coming to the US on
a tourist visa and getting married. Though,
there is nowhere written in the US immigration
laws that one cannot get married on a tourist
visa however, the USCIS has very strict rules
for those who come to the US on tourist visa
with the sole intention of getting married.
In this article, we will discuss all the pros
and cons of getting married to a US citizen
on a tourist visa.
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QUESTIONS
AND ANSWERS
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My
wife got a job offer from an American
University which she has accepted.
She intends to take our two children
of 5 and 11 years with her. For
the kids would it be difficult.
At the same time we are in a divorce
process. Do the immigration regulations
require my approval for the transfer
of the children to the US and
does the visa application form
for the children require my signature
or can my wife act without my
consent.
Under US law, a child under the
age of 18 is considered a minor,
therefore in order for that child
to be considered for visa application,
at least one parent must sign
the application for them.
There is no requirement that
both parents have to sign a
child's visa application or
consent to the child being given
a visa, therefore one parent
can legally obtain a visa for
a minor child without the consent
of another.
If it is your wish, not to
have the children accompany
your wife, assuming the respective
visas are issued, it would be
best to contact the embassy
ahead of time to express your
view and perhaps they may make
a decision based on the best
interest of the children. |
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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. |
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What form of
corporation (Inc. or LLC or Professional
LLC) should I form? Is there any waiting
period after forming corporation? Does
USCIS look closely at L-1s? My main
contract is with firm of Accountants
that submitted H1B app. In June '06
(not on time therefore rejected) –
will this affect the L1 app.? Will a
letter from ACCA stating that Irish
firm has been authorized to provide
Audit/Accountancy services for past
11 years suffice for USCIS? |
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It appears that
an L-1
Visa or an E-2
Visa are the options available for
you to enter in US. For an L-1 Visa
you must have worked with a company
outside US as a person with specialized
knowledge, or as an executive or manager
for at least 1 year. The L-1 visa
is an intra-company transferee visa
which allows you to be transferred
to a US branch in the same position.
For setting up a new office in US,
we suggest you have a detailed business
plan with required qualifications
to support an L-1 visa. The USCIS
will mainly be looking at your business
plan for your new office, the kind
of operations you will be performing,
how many employees you have hired
or will hire, for your new entity,
and the generation of profits and
significant growth in your US business.
One of the common reasons of not getting
an extension on your L-1 visa after
the first year is a lack of significant
growth in your US business, hiring
of employees and the L-1 employee
performing the day to day operations
and not actually holding a managerial
position (giving directions, supervision
and control of the US business).
Since you are a citizen of a country
that the US has a treaty with we would
suggest that an E-2 treaty investor
visa as another available option.
The E-2 visa is available for the
residents of a country with whom the
US has a have an investor’s
treaty. To qualify for E-2 visa you
have to prove that you have made a
substantial capital investment in
your US business and showed your business
projections and plans. You should
also own at least 50% of your business.
(the rest of the 50% capital investment
can come from your business partners).
As you have plans of investing $150,000
in your US business, the E-2 visa
looks promising in your case. With
an E-2 visa you need not maintain
your foreign business running simultaneously
once you open up the US business,
which is not the case with an L-1.
The initial E-2 visa is generally
issued for 2 years and can be extended
further. The E-2 visa is a multiple
entry visa that gives privilege to
travel outside US. The E-2 visa package
needs to be filed with your home country
US consulate. |
"We could never
of realized how complex
and complicated obtaining
proper immigration status
could be! Everybody at VisaPro
treated our case as if it
was their own, and we felt
like we got professional
and personal treatment,
without the ridiculous price
tag of the "other Visa
companies."
Two happily married
years later we still are
thankful that we hired VisaPro
for our [Green
Card] case.
Some of our friends who
attempted the Visa process
on their own have been hurt
deeply because they filled
out forms incorrectly and
have had one spouse or the
other forced out of their
home country for over a
year. Money is tight in
today's world, but what
better way to invest your
money than your families
future and happiness with
proper documentation in
the USA.
Don't take risk
your families happiness
or well being, hire Visa
Pro!
CHRIS
AND SARA MCCAMY
United States
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