June 2007

From the Editor's Desk

Hello and welcome to the June 2007 Immigration Newsletter!

The big news for the month – Comprehensive immigration reform appears to be dead! The plan to overhaul current immigration law collapsed again in the U.S. Senate on June 28, 2007, crushing the hopes of millions of foreign nationals seeking legal status. Bi-partisan efforts in the US congress has been working for quite a long time on a comprehensive immigration bill. Its passage was held up by opponents of the bill who were crying foul, that it was just an amnesty bill that would give illegal immigrants lifetime passes to settle down in the United States. The failure marks the second time the bill was pulled from the Senate floor, and lawmakers in both parties said further action was unlikely this year.

The USCIS is concerned about the growing number of persons, organizations or businesses that are fraudulently claiming to be able to assist individuals in applying for benefits under the immigration reform legislation. It issued a notice to inform the public that although the U.S. Senate is debating and considering immigration legislation, the bill has not been passed into law. It has also underscored the fact that the Legislation must be passed by both the House of Representatives and the U.S. Senate, and signed by the President, before it becomes law.

It is good to see that the U.S. Government is taking substantial initiatives to help immigrants embrace core U.S. values such as freedom, equality before the law and tolerance, to learn English and to become integrated into American life. On 12th June, the Task Force on New Americans (an inter-agency effort) introduced four new initiatives to help immigrants assimilate. The Task Force announced three major projects to help legal immigrants embrace the common core of American civic culture, learn English, and fully become American. In addition to launching WelcometoUSA.gov, the federal government’s official website for new immigrants, it has also launched the New Americans Project which seeks to encourage volunteerism among both U.S. citizens and new immigrants. Another initiative is a zip-code based search engine listing volunteer opportunities to work with. The Task Force is also providing public libraries, adult educators, volunteers, and others who work with immigrants with better training and increased resources.

To get more information on a topic that is always of interest we invite you to have a look at our Immigration Article, which this month focuses on the procedures for obtaining a Green Card through Marriage to a U.S. Citizen.

As we reported last month, over the past few years the Government Accountability Office (GAO), US Consulates overseas, and the USCIS have determined that the R visa category is susceptible to fraud. It is well known that on November 28, 2006, USCIS temporarily suspended Premium Processing Service for Aliens in a Religious Occupation, which is filed on Form I-129, along with the Q-1 and R-1 Classifications Supplement. On June 18 2007, USCIS announced that it would continue the Temporary Suspension of Premium Processing Service for Religious Workers (R-1) Nonimmigrant Visa Classification. This action was taken because USCIS needs additional time to assess whether it is possible to provide premium processing services for Religious Worker petitions. USCIS is therefore extending the suspension for another 6 months, with an expiration date of December 18, 2007.

VisaPro announces the launch of its First Asian Immigration Service. Our readers can now take advantage of VisaPro’s fast, easy, and convenient immigration services for Singapore. For more information and queries related to Singapore immigration, including Work Permits, Employment Pass, EntrePass and Social Visit Pass, you may now visit the new Singapore Immigration section of VisaPro.

Since our VisaPro.com website was launched, we have received various requests seeking guidance on site development, online marketing, web success strategies, etc. Our incredible marketing team has taken the initiative to share and educate other entrepreneurs looking for successful strategies in developing their business models. As part of one such initiative, VisaPro is presenting at an upcoming seminar along with other panelists from Yahoo, Cisco and National Public Radio. Attend the event and learn “How to become successful online – Tips from VisaPro.com”.

Foreign national members and certain veterans of the U.S. Armed Forces certainly deserve U.S. citizenship, and the USCIS has continued to work in that direction: to make them eligible to apply for United States citizenship under special provisions of the Immigration and Nationality Act (INA). In addition, USCIS has streamlined the application and Naturalization process for military personnel serving on active-duty status or were recently discharged. Generally, qualifying service is in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, certain reserve components of the National Guard and the Selected Reserve of the Ready Reserve.

In keeping with tradition, we again include an IN FOCUS section. This month we will discuss the Department of Labor’s final rule to improve integrity in the permanent labor certification (PERM) program. You will also find out about the Premium Process Services for Form-140. There were repercussions to the DOL’s final rule as the USCIS immediately announced that beginning on May 18, 2007, it would terminate Premium Processing Service for Form I-140 petitions that request labor certification substitution; and between July 2, 2007 and August 1, 2007 it would suspend Premium Processing Service for all Form I-140 petitions.

In last month’s poll question, we asked our readers if they think that the U.S. companies are using the H-1B and L-1 visas to displace qualified American workers. As always, the question evoked mixed responses from our readers with more than half of the participants opining that the US companies are indeed displacing qualified American professional. Others were of the view that it was just a figment of imagination, while the remainder felt there was no effect at all. This month we have another interesting question for you to express Your Opinion. So don’t miss casting your vote!

Herbert Noel deserves congratulations for winning last month’s Immigration Quiz. A significant number of participants were confused on whether an H-1B petition would be cancelled on account of having a valid H-4 entry. Gear up and research well for this month’s question. Give it a try; your name might be featured in the next newsletter. All the Best!

See you next month with a lot more noise from the Immigration World!

Latest Immigration News

Update on July Visa Bulletin - USCIS is Rejecting I-485 Applications

Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under the FY-2007 annual numerical limitation have been made available.

Senators Scrutinize the Usage of L-1 Visa Program

Closely following on the heels of asking top foreign based companies to disclose details about their workforce and their use of the H-1B visa program, Senators Chuck Grassley and Richard Durbin have now expressed fresh concerns over the use of L-1 visa by companies who also use large numbers of H-1B visas.

Temporary Suspension of Premium Processing Service for Form I-140, Immigrant Petition for Alien Worker

From July 2nd, 2007, the USCIS is temporarily suspending Premium Processing Service for Form I-140 (Immigrant Petition for Alien Worker) in accordance with 8 CFR103.2 (f) (2). USCIS anticipates a substantial increase in the number of petitioning employers that will file Form I-140 petitions requesting Premium Processing Service as of July 2, 2007. This is due to pent up demand for preference visa categories for which visas will become available according to the Department of State July 2007 Visa Bulletin. The volume of Form I-140 petitions filed that request Premium Process Service is projected to exceed USCIS’ capacity to provide the Premium Process Service according to the Premium Process Service program guidelines.

USCIS continues Temporary Suspension of Premium Processing Service for Religious Workers (R-1) Nonimmigrant Visa Classification

It is a well known fact that on November 28, 2006, USCIS temporarily suspended Premium Processing Service for Aliens in a Religious Occupation which is filed on Form I-129, along with the Q-1 and R-1 Classifications Supplement. The USCIS announced that additional time is needed to assess whether it is possible to provide premium processing services for Religious Worker petitions. USCIS is therefore extending the suspension for another 6 months, with an expiration date of December 18, 2007. This is being done because USCIS’ first and foremost mission is to ensure integrity in the adjudications process.

USCIS advises Public regarding Immigration Fraud and Proposed Immigration Reform Legislation

The USCIS has issued a notice to inform the public that although the U.S. Senate is debating and considering immigration legislation (S.1348), that bill has not passed into law. Legislation must be passed by both the House of Representatives and the U.S. Senate, and signed by the President, before it becomes law.

June's Featured Articles

PERM Labor Certification: How the DOL's new rule will affect the process

Speculations are rife about the current employment certification procedure for non-U.S. citizens seeking permanent residence in the United States being susceptible to fraud and abuse. The U.S. Department of Labor (DOL) and others have alleged that a lot of employers take advantage of the gaps in the existing system, thus proving detrimental to the very purpose of the process. DOL has assessed the program and identified all the grey areas which are vulnerable and, based on that assessment has published a final rule that will improve the program’s integrity and close those opportunities for fraud.

Green Card through Marriage to U.S. Citizen: The Procedures

Securing permanent residence through Marriage to a U.S. Citizen is a multi-step process. Some of these steps are required to be completed before your fiancé or spouse enters the US and some after entering the US. In the article U.S. citizen marrying a foreign national: Issues involved which was published in November 2005 issue of Immigration Monitor, our monthly newsletter, we covered the requirements, benefits, and application process of the K-1, fiancé visa, and K-3, spouse visa. In this article we shall cover the steps involved in getting permanent residency after entering the U.S.

Questions and Answers

Q1.

I will graduate in June 2007 and simultaneously going to get married. So I’ll be on my OPT. Can my fiancé come on her B-2 visa and then change her status to F2 while she’s here? What’s the risk involved? And what’s the chance of her application getting approved? And how long can she stay on her B2?

A.

She can enter the US as a B-2 tourist visa only if her intention at the time of entry is to engage in tourist activities, e.g., visit, travel, etc. If her situation and intention change after she enters as a tourist, then she can apply for a change of nonimmigrant status, e.g., marriage to an F-1 as the basis for an application for change of status to F-2. The risk is that the USCIS may contend that she had a preconceived intent to be an F-2 when she entered the US claiming to be a B-2 tourist and use that as the basis for denying the change of status.

However, if all of the events that could possibly show a preconceived intent occur more than 60 days after her entry as a B-2, then the issue of preconceived intent generally is removed. Generally, a person entering the US on a B-2 visa is given 6 months permission to stay in the US. Unfortunately, due to many different factors over which we have no control, it is impossible to predict the chances of approval. Alternatively, after the marriage she can return to Home Country and apply for an F-2 visa and then return to the US. This approach would remove the issues discussed above.

Q2.

I had a B1 Visa when I was working in my previous company and have traveled to the USA on it. After that I got an H1B visa from a company, but I did not join that company nor did I travel to US on that H1B. I want to know if the original B1 Visa is still valid. Can I travel to the US on B1 visa (now that I have changed employment)? I have to travel to the USA to visit my new employer. What are the additional documents required.

A.

The B-2 visa is still valid; it is not canceled just because you were approved for H-1B status. The B-1, unlike the H-1B, is not specific to the employer and can be used as long as it is valid. You are allowed to have more than one type of visa in your passport (B-1 and H-1B) and can enter the US using the visa that is most appropriate for that trip.

When you come to the US on business using your existing B-1 visa you should carry a letter from your current employer explaining the nature of your employment, the reason for your trip, and explaining how long you will be in the US and who is paying your expenses.

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