There is a rule from the Department of Homeland Security that requires the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. To comply with the same now the consular officers are required to ensure that, the said applicants have obtained an I-129 petition form from the Department of Home land security, prior to the issuance of the visa. The said rule has been in force from the 6^th of October 2009.

In case there is a further requirement of a clarification about this rule you might feel free to get in touch with the Legislation & Regulations division of the Visa Service’s. The contact person would be Lauren Prosnik. Phone # (202) 663-2951.

Now the question is what is this rule been promulgated for? The answer to that is, on the 26^th of Nov 08, the department of homeland security announced the requirement for the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. Also as per the same law the period of the validity of the visa is not supposed to exceed the period as mentioned in the petition. As a result of that, an R-1 non-immigrant visa would now require the applicant to be established as a beneficiary of an approved petition. The implementation of this petition requirement by the United States Citizenship and Immigration Services has been, for the purpose of authenticating and determining the petitions from the religious organizations for the religious workers. This would also help to ensure that such religious workers are admitted into the United States on the request of a religious organization and that is exactly where the workers work.

Miscellaneous regulatory findings:

As per the Administrative procedure act there is a regulation that involves the foreign affairs function of the US therefore according to the 5 USC 553(a)(1) is not subjected to the procedures of rule making as set by 5 USC 553.

As per the Executive orders 12866, the new rule has been reviewed by the department of State to ensure its consistency with the regulatory philosophy and the principals set by the Executive orders 12866. They have also determined that the cost of maintaining this rule is justified according to the benefits that are to be derived out of it.

As per the paper work reduction act does not impose the requirements of information collection, as per the provisions of the paper work reduction act 44 USC chapter 35.

The limits for the fiscal year 09, has been fixed as per the provisions of the INA Act (Sec 201). As per the said Immigration and Nationality Act (Sec 201), the annual minimum family sponsored preference limit is 226,000. However as per the same act the Upper limit for the preferred immigrants has been set to a maximum of 7% of the total applications received from the country for the employment based preference and the annual family sponsored preference. However, only 2% has been allotted for the dependent area limit.

The Sec 203 of the Immigration and Nationality Act, defines the preference of the family sponsored preferences as per the under mentioned.

First – The preference would be given to the unmarried children for the citizens and the number stands at 23,400 plus what ever is the surplus from the numbers allotted to the 4^th preference.

Second – The send in the line would be the spouses and children along with the unmarried children of the permanent residents of the United States.

Third – Third in the line comes the children of citizens who are married in different countries and are have been staying there. The upper limit for this category has been fixed at 23400 plus the surplus of the first two preferences.

Fourth – Siblings of adult United State citizens, and the upper limit of this preference e has been capped at 65,000. This category would also include the surplus of the previous 3 preferences.

There has been mentioned some preferences for the employment based immigrations as well.

1. 28.6% of the world wide employment based preference level would be allowed as the first preference.

2. People in profession who holds advanced degree. This category has been capped at the maximum of 28.6% of the world wide employment based preference level.

3. The third category is for the skilled workers and the professionals. Again capped at 28.6% of the world wide employment based preference level.

4. This category is for the special immigrants being capped at 7.1% of the total world wide level.