November 2006

From the Editor's Desk

Hello and welcome to the November 2006 Immigration Newsletter!

The mid-term elections earlier this month saw the Democrats taking control of the Congress. The Senators are meeting for their lame duck session; however, nothing substantive is expected to be taken up on comprehensive immigration reform during this session. Over 900 American companies, schools, trade organizations and hospitals submitted a letter to the Congress requesting the law makers to address the crisis facing American businesses as a result of “H-1B blackout” and employment-based Green Cards. The letter states that every day passing without access to “high-skilled workers” is a lost opportunity for growth, productivity and innovation. Keep watching the Immigration News of our website for the latest updates on the Congress action, as and when it happens.

Did you notice changes to VisaPro website? Let’s visit the homepage at www.visapro.com and review the top right hand corner of the webpage. Do you see a small pull-down that says “Immigration To”?

VisaPro launches Global Immigration Services. U.K. has become the first in the list of 120 countries for which we are developing immigration services. For information and queries related to U.K. immigration including Work Permits, Business and Investor visas, Highly Skilled Migrant Programme(HSMP), and Settlement Permits you may now visit U.K. Immigration section of VisaPro site.

VisaPro Immigrations Seminars And Workshops In Various Cities of India.Starting the series of articles on our recent seminars and workshops in various cities of India, this month we bring you excerpts from our Attorney’s diaries regarding his visit to New Delhi, the capital of India. I am sure the In Focus section of this month’s newsletter, with our attorney’s travel experiences, will make an interesting reading. Click here to view a few videos from our events in India.

We often receive queries from our corporate clients as well as individuals who enter the U.S. on a work visa regarding the procedure of applying for a Social Security Number (SSN) and whether the employees can start working for the company without waiting for the actual allotment of SSN. This month’s Immigration Article discusses the procedure of obtaining SSN and how it affects the hiring or employment of a foreign worker.

Rudolf Inamarga deserves congratulations for winning last month’s Immigration Quiz. Those who missed giving correct responses to the question last time can view this month’s article on SSN for more details.Now that the mid-term elections in the U.S. are over, we would like to have our readers’opinion on how important they think immigration issues influenced the voters’ decision. Don’t forget to share your opinion in this month’s immigration poll.

See you next month with all the updates from the world of immigration.

Latest Immigration News

Premium Processing available for EB-1 Extraordinary Ability petitions

U.S. Citizenship and Immigration Services (USCIS) announced that Premium Processing Service is now available for EB-1 Aliens with Extraordinary Ability petitions.

89 “leftover” H-1Bs available

USCIS has informed that 89 H-1B numbers out of the 6,800 reserved for Chile and Singapore nationals are available for distribution among those who missed out on the H-1B Cap for FY 2007.

Form I-129F (K-3-spouse of U.S. Citizens only) transferred by USCIS

Effective October 23, 2006, USCIS National Benefits Center has begun transferring K-3 petitions to the California Service Center (CSC) and the Vermont Service Center (VSC), depending on the location of the related Form I-130, Petition for Alien Relative.

November's Featured Articles

A Rendezvous with India: Immigration Seminar in New Delhi

This is the first of the series of articles on our recent seminars and workshops in various cities of India. This article contains excerpts from our Attorney’s diaries regarding his travel experiences during his visit to New Delhi, the capital of India.

Obtaining a Social Security Number

A Social Security Number (SSN) issued by Social Security Administration, is a number issued to citizens, permanent residents, temporary (working) residents and foreign citizens in the United States. It is generally needed for employment purposes.

Questions and Answers

Q1.

I am a musician and heard about O-1 visa from a friend. What is O-1 visa and what kind of advisory opinion is required to file for O-1 visa?

A.

The O-1 visa is a nonimmigrant visa which allows foreign nationals with extraordinary ability in one of the following three categories to enter into the U.S. and engage in official activity:

  • Sciences, education, business, and athletics
  • Arts
  • Motion picture or TV industries

Prior to filing the O-1 petition with the USCIS, you should obtain an advisory opinion from an appropriate consulting entity, such as a peer group, labor organization, or management organization. The advisory opinion is to state whether you qualify as an alien of extraordinary ability and whether such extraordinary abilities are required for the activities to be undertaken by you.

Q2.

Who is eligible to apply for EB-1 visa as an ‘outstanding professor or researcher’?

A.

To qualify for an EB-1 visa as an ‘outstanding professor or researcher’ you must be a foreign national who:

  • Is recognized internationally as ‘outstanding’ in a specific academic area
  • Possesses at least three years of experience in teaching or research in the academic area, and
  • Seeks to enter the U.S. for a:
    • Tenured position (or tenure-track position) within a university or institution of higher education to teach in the academic area; or
    • Comparable position with a university or institution of higher education to conduct research in the area; or
    • Comparable position to conduct research in the area with a department, division, or institute of a private employer, if the department, division, or institute employs at least three persons full time in research activities and has achieved documented accomplishments in an academic field

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