August 2005

From the Editor's Desk

Hello and welcome to the August 2005 Immigration Newsletter!

Yes! We are here. Today we initiate another association with you… another way to keep in touch… Immigration Monitor. It is not just another newsletter. It is a relationship; the commencement of a new journey to provide you with the latest happenings of the month and a plethora of information related to global immigration.

This year is half-way through, and the last six months have seen a lot of activity on the immigration front. For U.S. employers, the new year brought some relief from H-1B Cap issues, in the form of 20,000 additional visas, exempted from the annual cap. Though this was a welcome step, it came at a cost. The Appropriations Act, 2004 made H-1B and L-1 filings more expensive.

Another major activity was the signing of the Emergency Supplemental Appropriations Act, including the controversial REAL ID Act. We cover the major highlights of the Appropriations Act in our In Focus section.

We at the Immigration Monitor look forward to your comments, suggestions, and most of all your encouragement. Please send us your feedback on this first issue of Immigration Monitor, including your valuable suggestions.

I look forward to a wonderful journey in your company.


It is official now; USCIS reaches H-1B Cap for FY 2006

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the congressionally mandated cap for fiscal year 2006. USCIS has determined that the “final receipt date” is August 10, 2005.

Senators Cornyn and Kyl introduce Immigration Reform bill

The bill contains provisions for border enforcement and security, worksite enforcement, temporary worker program and visa backlog reduction, among other things.

E-3 visa update: DOL issues guidance for filing of LCA

The U.S. Department of Labor published a notice in the Federal Register earlier this month providing initial guidance governing the filing of applications for labor certification under the E-3 work visa program.

DOS Cable on nonimmigrant interviews

The new section 222(h) added to the Immigration and Nationality Act by the Intelligence Reform and Terrorism Prevention Act (IRTPA) sets out requirements for the non-immigrant interview and the circumstances in which it can be waived.

August's Featured Articles

New provisions under Emergency Appropriations Act

The Appropriations Bill containing supplemental appropriations for Defense, the Global War on Terror and Tsunami relief became a public law when the President George W. Bush signed the Bill on May 11, 2005. With the signing of this bill the controversial Real ID Act provisions also become effective.

Tight H-1B & L-1 visa rules hurt U.S. business, say companies

Tight visa rules and their impact on the U.S. economy and business is a subject that never fails to spark controversy. The recent changes to the H-1B and L-1 visas rules have been a flashpoint of debate in the Tech Industry.

Questions and Answers


What is H-4 dependent visa?


The H-4 dependent visa is a nonimmigrant visa which allows the dependent spouse and children of principal H visa holders to enter into the U.S.


What privileges do I enjoy on H4 visa?


On H-4 visa, you may:

Enter into the U.S. along with your spouse or join him/her later

Not have to maintain a foreign residence

Travel in and out of the U.S. or remain in the U.S. continuously as long as you are in the status

Study in any U.S. university


How long can I stay in the U.S. on H4 visa?


Your H-4 status depends on the status of the principal H visa status. You lose your status once the H loses status.

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