September 2005

From the Editor's Desk

Hello and welcome to the September 2005 Immigration Newsletter!

What an impressive way to start a relationship. I just can’t think of enough words to say Thank You for the wonderful response.

At the time of preparing the draft version of our first newsletter, we were deliberating whether we should have an Immigration Quiz that asks users to write down a response. Some argued we won’t get a single response… but hey… we got over thirty responses, and believe me, it was quite difficult selecting the best one. Congratulations to the winner of our first Immigration Quiz – Olusola Davies. You win a FREE online consultation.

More than 160 friends cast their vote in Your Opinion and over 85% agreed that the current annual H-1B Cap should be raised.

The days to come are likely to be harder on US employers. The H-1B Cap was reached in a record time this year. The Department of State released a warning in the September Visa Bulletin that Employment Based Green Card numbers may be heading towards a crisis. EB-3 numbers are currently not available. EB-1 and EB-2 numbers may not be current for Chinese and Indians from December onwards. The talk of the town is that Comprehensive Immigration Reforms are coming soon… all we can do is wait and watch.

So what do we have this time? We recently uploaded information related to L-1 Full Service for setting up a new office in the United States and an article on Forms of Business Entities in the US. In our In Focus section we talk about spouses on dependant visas who can work in the US. This week’s Immigration Article explains Adjustment of Status and Consular Processing alternatives for obtaining a green card.

Send us your feedback on how your Immigration Monitor is coming along, and also what you would like us to cover in the next issue. Since there are no formalities between friends, do let me know what you liked and what you didn’t like in this issue.

Latest Immigration News

DOL amends PERM FAQ; Removes response on multiple filing of LCAs

The U.S. Department of Labor (DOL) removed its response related to multiple filing of LCAs from its FAQ, retracting its earlier response that under PERM an employer cannot have more than one LCA in process for the same alien at any given time.

New E-3 visa for Australians: DOS issues regulations

With the publication of the final rule, Australians are now able to apply for E-3 visas to work in the United States.

Filing an appeal or Motion to Reopen / Reconsider becomes costlier

Effective September 28, 2005 the filing fee for an appeal to Administrative Appeals Office (AAO), motion to reopen or motion to reconsider will increase from $110 to $385.

I-9 announcement for employers hiring victims of Katrina

The Department of Homeland Security (DHS) has announced that it will not sanction employers for hiring victims of Hurricane Katrina who, at this time, are unable to provide documentation normally required under Section 274A of the Immigration and Nationality Act.

September's Featured Articles

Dependant Spouses: Working in US a Distant Dream?

“I feel helpless. Back home I was working with a fashion house as their primary designer. Here I have nothing to do but sit at home. Not like my friend Suzanne, who got her employment authorization and now works for a consulting company.” says Olivia with sadness in her voice.

H-1B quota 2006: U.S. employers taken by surprise

The U.S. Citizenship and Immigration Service (USCIS) announced on August 12, 2005 that it had met the 65,000 H-1B congressionally mandated cap for the 2006 fiscal year, which means that companies that need highly educated foreign professionals with critical skills will have to wait nearly 14 months before they can obtain this needed expertise.

Adjustment of Status vs. Consular Processing

Permanent residence (Green Card) status is conferred either through issuance of an immigrant visa (IV) by an American consular post abroad or through approval of an ‘adjustment of status’ application (Form I-485) by the USCIS in the U.S. For those present in the U.S. both alternatives may be available. Foreign nationals going through the permanent residence process often find themselves trying to figure out which of the two alternatives is better for their case. This summary is for those applicants who have a choice.

Questions and Answers


On what visa can I enter the U.S. to marry a U.S. citizen?


To enter into the U.S. to marry a U.S. citizen you need a K-1 fiance visa. Your U.S. citizen fiance must file Form I-129F, Petition for Alien Fiance, with the United States Citizenship and Immigration Services (USCIS) Service Center with jurisdiction over their residence. Once the petition is approved, the USCIS will forward the approved petition, through the National Visa Center, to a U.S. embassy or consulate in your home country which will schedule an interview for a fiancé visa.


Will my K-1 status automatically change to permanent resident status after I marry my U.S. citizen fiance?


No, your K-1 status does not automatically change to legal permanent resident after your marriage with your U.S. citizen fiance. You need to file for Adjustment of Status to become a legal permanent resident after you marry your U.S. citizen fiance.


Can I apply for legal permanent resident status before marrying my U.S. citizen fiance?


On K-1 visa, you may not:

No, you may not apply for a Green Card before marrying your U.S. citizen fiance. The United States Citizenship and Immigration Services (USCIS) needs proof of your marriage when you file for a Green Card.

Note: Your permanent resident status is based on your marriage to your U.S. citizen fiance.

Got A Question?

Visa Eligibility Tool

VisaPro’s Online Visa Advisor is our proprietary tool built by immigration attorneys with 35+ years’ experience. Use this free tool to identify the most efficient visa to work in the U.S., start a business in the U.S., marry a U.S. citizen, or hire foreign nationals. It is 100% free and accurate.

Check Your U.S. Visa Eligibility For FREE Today!

Check Your Eligibility