September 2006

From the Editor's Desk

Hello and welcome to the September 2006 Immigration Newsletter!

Thank you for your overwhelming response to the anniversary issue of Immigration Monitor, and your wonderful emails congratulating us and letting us know how much you appreciate our efforts to update you on the latest from the immigration world. I really feel so special striking a personal chord with so many friends month after month.

Our entire team is busy preparing for our upcoming seminars on U.S. Immigration Strategies in India during the month of October. These would be followed by another Seminar in London later during the year. Our seminars in India started in 2003 when we hosted two events in Hyderabad, the Hitech city of India. In 2004, we planned them on a larger scale and conducted seminars in Mumbai, Bangalore and Chennai, and a workshop in Hyderabad. This year we are hosting seminars in New Delhi and Pune, followed by workshops in Bangalore and Chennai. Click here to read more details about these upcoming events and to view photographs and videos from our previous seminars.

This month we travel to the beautiful European country – Poland through our In Focus article that explains the fiancée visa processing at the U.S. Embassy in Warsaw. During the past few months, we have received a lot of enquiries from Japanese nationals regarding investor visa processing in their country. So in this issue of Immigration Monitor, we travel thousands of miles across Asia to the Far East for the benefit of our readers in Japan, to explain E-2 visa processing at the U.S. Embassy in Tokyo in our Immigration Article.

The winner of last month’s Immigration Quiz is Sandy Ryan. I thought the question was quite simple but I was in for a surprise to find that almost half of the answers were incorrect. Congratulations to Sandy for winning a FREE online consultation with a VisaPro attorney, plus… a special customized coffee mug with a photograph of Sandy with her family! Don’t forget to send in your responses for this month’s question to win a FREE online consultation.

Continue sharing your feedback on how to improve your Immigration Monitor. I will catch you next month with some more excitement from our preparations for our seminars… and more news from the immigration front.

Latest Immigration News

12-month extension of TPS for nationals of Burundi

Those who have already been granted TPS are eligible to live and work in the United States for an additional 12 months and continue to maintain their status. DHS also automatically extended the validity of EADs held by eligible Burundians for an additional six months until May 2, 2007.

USCIS FAQ on new process for EAD to Asylees

USCIS issued a Q&A discussing the new process, effective October 1, 2006, for issuing secure Employment Authorization Documents (EADs) to applicants who are granted asylum by a USCIS Asylum Office.

H-2B Update: Cap Count as of August 25, 2006

U.S. Citizenship and Immigration Services (USCIS) has reported that it has received 9,002 H-2B petitions counting towards the H-2B Cap for the first half of FY 2007.

September's Featured Articles

Fiancée visa processing in Poland

The K-1 Visa, also known as the Fiancé(e) Visa, is used by United States citizens who wish to bring their fiancé(e)s to the United States for the purpose of getting married. The visa application processes and policies followed by Consular Offices vary according to the local requirement. In this article we discuss the K-1 consular processing in Warsaw, Poland.

E-2 Treaty Visa Processing in Japan

E-2 Treaty Investor visas are authorized to aliens entitled to enter the United States on the basis of treaties of commerce, navigation or bilateral agreements between the United States and the foreign state of which he/she is a national. In this article we cover the basic steps involved in applying for an E-2 Treaty Investor visa at the U.S. embassy in Japan, which is a treaty country.

Questions and Answers


Will my K-1 status automatically change to permanent resident status after I marry my U.S. citizen fiancé? Will I have to give up my British passport after I get my Green Card?


No, your K-1 status does not automatically change to legal permanent resident after your marriage with your U.S. citizen fiancé. You need to file for Adjustment of Status to become a legal permanent resident after you marry your U.S. citizen fiancé. No, you do not have to give up your passport on becoming a legal permanent resident. Your nationality doesn’t change on getting a Green Card. You may apply to become a U.S. citizen after having a Green Card and being married to a U.S. citizen for three years.


What do you mean by ‘H-1B dependent employer‘? What happens when an employer becomes H-1B dependent?


An employer runs the risk of becoming an ‘H-1B dependent employer’ if he hires too many H-1B employees. Employers are considered to be H-1B dependent if they fall into any one of the following three categories:

  • An employer has 25 or fewer full time employees of which more than seven are H-1B employees
  • An employer has between 26 to 50 full time employees of which more than 12 are H-1B employees
  • An employer has more than 50 full time employees of which 15% or more are H-1B employees

While filing a Labor Condition Application (LCA), an H-1B dependent employer must attest to the following three additional elements addressing non-displacement and recruitment of U.S. workers:

  • The employer will not displace any similarly employed U.S. worker within 90 days before or after applying for H-1B status, or an extension of status for any H-1B worker;
  • The employer will not place any H-1B worker employed pursuant to the LCA at the worksite of another employer unless the employer first makes a bona fide inquiry as to whether the other employer has displaced or intends to displace a similarly employed U.S. worker within 90 days before or after the placement of the H-1B worker; and
  • The employer, before applying for H-1B status for any alien worker pursuant to an H-1B LCA, took good faith steps to recruit U.S. workers for the job for which the alien worker is sought, at wages at least equal to those offered to the H-1B worker. Also, the employer will offer the job to any U.S. worker who applies and is equally or better qualified than the H-1B worker.

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