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November
2005 |
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There
has been a lot of activity
on the immigration front
during the past few weeks.
With President Bush reiterating
the need for a comprehensive
immigration reform and the
lawmakers proposing a variety
of different measures to
implement it, everyone is
keeping a close watch to
learn what would finally
be in store for them.
While employers are waiting
for the final package providing
relief from H-1B blackout
and employment-based (EB)
immigrant visa retrogression,
job-seekers are looking
for a Temporary Worker program
as proposed in various bills
introduced in the Senate.
Immigrants currently staying
illegally in the U.S. are
hoping for an Adjustment
or a Guest Worker program
that would allow them to
legalize their stay in the
U.S.
Our In
Focus article
this month traces the various
pro immigration measures
that are under consideration
at various levels before
the lawmakers and the likely
activity in the next few
months.
I was informed by our technical
team that Immigration
Monitor is received
by over 75,000
subscribers every month.
I feel elated to know that
I have thousands of friends
across the world. All this
happened in just 3 months
since we launched. Thank
you all for your support
and encouragement.
I have a special favor to
ask. You see, in order to
ensure that we're meeting
the needs of our subscribers,
it's helpful to get feedback
from people like you.
So we're offering you this
unique opportunity to influence
the way we do business!
We've set up a special
survey where you can
tell us exactly what you
think. We'll use the information
you share to shape future
issues of your Immigration
Monitor and to
find more tips and resources
that meet your needs!
As part of our effort to
make your newsletter more
interactive, we have introduced
a new section - Questions
and Answers.
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.
This month we focus on H-2B
visas for seasonal or one-time
employment. Our Industry
Perspective
article outlines the benefits,
requirements and the application
process of H-2B visas and
the need of such a visa
program in the present day
scenario for the U.S. economy.
The article also explains
how H-2B workers could help
rebuild communities damaged
by the hurricane Katrina.
A lot of our friends have
asked us to write about
the issues involved in marrying
a US citizen. This month’s
Immigration
Article explains
the options available for
U.S. citizens to bring their
fiancée or spouse
into the U.S.
Do you know that you can
share your experiences and
timelines at various stages
of your K-1,
K-3
and H-1B
visa process with others
who have completed or are
waiting to pass that stage?
Visit Immigration
Trackers today, and
post the timeline related
to your petition so that
you can compare your timeline
with others, and help
others plan their petition
process.
Congratulations to Anuja
Paranjape for winning
the Immigration
Quiz for October.
This time too the competition
was tough, but her answer
was concise and comprehensive.
Over 81% of the participants
in Your Opinion,
our monthly opinion poll,
said that work visas do
not take jobs away from
Americans. Don’t forget
to participate in this month’s
poll.
We have just introduced
audio messages in many of
our web site layouts to
enhance the user experience
of the visitors to the VisaPro
web site. I encourage you
to turn on your speakers
now and visit various layouts
on the VisaPro web site
to enjoy the lovely audio
messages. This is only a
beginning!
Click on Email
to a Friend and we will
send the Immigration Monitor
to them on your behalf.
See you after Thanksgiving
with more from the immigration
front. |
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Advanced degree H-1Bs still available,
H-2Bs going fast
As per the latest update 6,607
H-1B numbers are available under the
Advanced Degree Exemption category for
FY 2006 and fewer than 5,000 H-2B visas
are available out of the 33,000 visas
set aside for the first half of FY 2006.
Four new Immigration Reform bills introduced
These bills deal with a wide
range of immigration issues, including
enforcement and national security; employment
authorization verification; guest worker
program; and earned legalization plus
backlog reduction.
Senate rejects proposal to prevent H-1B
and EB recapture
The Senate, on Thursday, defeated
by an overwhelming vote of 85-14 an
amendment offered by Senator Robert
Byrd to eliminate the annual recapture
of the unused H-1B and immigrant visas
from the previous years.
DOS
cable provides guidance on Student visa
issues
The cable advises the consular officers
adjudicating student visa applications
to evaluate the applicant's requirement
to maintain a residence abroad in the
context of the student's present circumstances.
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| DOWNLOAD |
| Download
this Newsletter in PDF Format |
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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 December 2005. |
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| I
entered US on a six month
H-2B visa to work for a
hotel in Florida four months
back. But I got a better
job offer from another employer
and started working for
them without informing the
immigration authorities.
Someone told me that my
stay is not valid. Is it
so? |
| Submit
Your Answer |
|
| Winner
of the Immigration Quiz
- October 2005: |
| Anuja
Paranjape |
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| The
Question: |
| I
am a green card holder planning
to go to France for 2 years
to work for my company.
Can I retain my permanent
resident status and reenter
US after 2 years? |
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| The
Winning Response: |
| You
can do so by filing for
a document called Re-entry
permit. Re-entry permit
is generally valid for two
years Its a simple form
which you can download from
INS website and fill it
yourselves. Do remember
to file it before you leave
for france and remember
these two years will constitute
a break in your count towards
citizenship years. |
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| Anuja
Paranjape
receives a FREE
Online Consultation
from an Experienced VisaPro
Immigration Attorney during
the month of November 2005. |
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The talk of the town: Comprehensive
Immigration Reform
The long debate on how to handle immigration
seems to be finally culminating into
a compromise. Senators John McCain and
John Cornyn, who have already introduced
two separate bills on immigration reform,
recently announced that the Senate will
take up immigration reform early next
year.
Hurricane
Katrina: An Opportunity for H-2B Workers
to Help Rebuild
The immense damage caused by Hurricane
Katrina to the Gulf Coast is projected
to require an ‘unprecedented’
clean-up costing up to $100 billion.
However, navigating through the various
rules and regulations that are rapidly
changing to accommodate Katrina reconstruction
comes with its own set of difficulties.
One such difficulty being experienced
by small and medium sized Oil companies
is the shortage of skilled workers such
as divers to perform under water salvage,
inspection and reconstruction related
work.
US
citizen marrying a foreign national:
Issues involved
Each year, thousands of U.S. citizens
marry foreign-born persons and file
for their permanent residence process
in the United States. The immigration
process for green card through marriage
depends upon whether you intend to marry
the foreign national in the U.S. or
outside the U.S. Each situation has
its own distinct requirements and procedures
and thus, requires different planning.
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| IMMIGRATION
GLOSSARY |
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Nonimmigrant
An alien who seeks temporary entry
to the United States for a specific
purpose. The alien must have a
permanent residence abroad (for
most classes of admission) and
qualify for the nonimmigrant classification
sought. Most non-immigrants can
be accompanied or joined by spouses
and unmarried minor (or dependent)
children.
Petition
A petition, for immigration purposes,
is a formal request made to the
INS to legally recognize a foreign
national as qualified for a Green
Card or a nonimmigrant
visa category.
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| QUESTIONS
AND ANSWERS |
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| 1. |
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What
is H-2B visa?
The H-2B working visa
is a nonimmigrant
visa which allows
foreign nationals
to enter into the
U.S. temporarily and
engage in nonagricultural
employment which is
seasonal, intermittent,
a peak load need,
or a one-time occurrence.
Note:
This visa is also
used for entertainers
going on a tour, for
film workers or professional
minor league players. |
| 2. |
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Is
an H-2B visa issued
only for temporary
jobs?
The nature of the
job itself is irrelevant.
What is relevant is
whether the employer's
need is truly temporary.
In some situations,
the employer's need
may create a temporary
job opportunity in
an employment situation
which may otherwise
have been permanent
in nature.
|
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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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Note:
A temporary job opportunity
could be created because
the incumbent (who holds
the position of permanent
factory foreman) was injured
or is otherwise unavailable
for a period of less than
one year, or additional
workers are needed during
a busy period. The temporary
period must have a clear
beginning and end. |
| 3. |
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Can
I stay longer than a year
on H-2B visa?
The employer's need may
generally be only for one
year. However, the need,
under the 'extraordinary
circumstances' provision,
may ultimately be longer
than one year if the extended
need could not be anticipated
at the time of application.
Note:
An example might be the
case of a hurricane that
destroyed a large bridge.
It will take 11 months to
replace the bridge. After
the application is approved
for this 'one time' occurrence,
the employer demonstrates
that the work cannot be
completed in 11 months based
on circumstances which did
not exist at the time the
employer first petitioned
for the foreign national.
The work will now take 14
months. The employer would
file another application
for the three additional
months. |
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"This is Leroy
Bennett, in Russelville,
Arkansas. Our K-1
visa for Chona and
me has been approved,
the visa center in
New Hampshire has
sent all necessary
papers to us embassay
in Manilia. Chona
is waiting for interview
date and papers. I
really want to thank
you for giving me
and Chona a chance
to spend rest of our
lives together. I
highly recommend VisaPro
to anyone. The waiting
is hard, but very
short. Chona and I
are so ever thankful.
Once again thank you
so very much. I'm
hoping she will be
here this month. Once
again, thank you so
very much."
Leroy Bennett
United States
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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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