Current immigration law allows for a total of 85,000 new H-1B visas to be made available each government fiscal year. This number includes 65,000 new H-1B visas issued for overseas workers in professional or specialty occupation positions, and an additional 20,000 visas available for those with an advanced degree from a US academic institution.

Employers should begin identifying current and future employees who will need H-1B visas to be legally employed in the US. You should probably apply in the next six months to ensure that you can get an H-1B visa.

For fiscal year 2012, the 65,000 H1-B cap was officially met on 22 November 2011, two months before the cap was reached for fiscal year 2011. The 20,000 H-1B visa cap for advanced degree holders was met on 19 October 2011.

The H-1B visa is a non-immigrant visa used to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as in architecture, engineering, mathematics, science, and medicine. Under the visa a US company can employ a foreign worker for up to six years.

Study Migrate offers a variety of programmes in United States. Please visit our USA page for more information: http://www.globalvisasupport.com/usa.html

The new initiatives were announced by United States Citizenship and Immigration Services (USCIS) director Alejandro Mayorkas and Secretary of Homeland Security Janet Napolitano.

“The United States has a long, rich history of welcoming innovative entrepreneurs and skilled workers into our country,” Mayorkas said on his blog.

“These men and women fuel our nation’s economy by creating jobs, and promoting new technologies and ideas,” he added.

“Today, I joined Secretary of Homeland Security Janet Napolitano and outlined a series of new policy, operational, and outreach efforts that will help fuel the nation’s economy and stimulate investment by making it easier for high-skill immigrants to start and grow companies and create jobs here in the United States.”

USCIS announced that it will:

• Clarify that immigrant entrepreneurs may obtain an employment-based EB-2 immigrant visa if they satisfy existing requirements, and that they may also qualify for a National Interested Waiver (no job offer required) under the EB-2 immigrant visa category if they can demonstrate that their business will be of interest to the United States.
• Expand the Premium Processing Service to immigrant petitions for multinational executives and managers
• Clarify that a sole owner of a business who wishes to employ himself/herself in some circumstances can establish a valid employer-employee relationship to qualify for an H-1B non-immigrant visa
• Implement enhancements to streamline the EB-5 immigrant investor process
• Launch new “engagement opportunities” to seek input and feedback from entrepreneurs and companies. USCIS will take this into account when developing new policies and procedures. It is hoped that this will result in changes that will help entrepreneurs, new businesses, and startup companies

“The United States must continue to attract the best and brightest from around the world to invest their talents, skills, and ideas to grow our economy and create American jobs,” said Napolitano in a statement.

“Today’s announcements will help our nation fully realize the potential of existing immigration laws,” she added.

New Visa Procedures

Beginning January 10, 2011, the U.S. Embassy and Consulates will process visas differently. Under the new procedures, most applicants will go to Applicant Service Centers (ASCs) prior to their consular section interview. The ASC staff will collect the applicant’s biometric information that will be reviewed by the consular section prior to the applicant’s interview. ASCs will be located in buildings separate from the U.S. Embassy and Consulates.

A K1 visa is generally applied for a fiancé visa which is non immigrant visa but it allows the person to enter into the country to marry. After marring each other, an application is made for the status for permanent residence. Obtaining the K1 visa i.e. the fiancé visa is a multi – step process. Firstly the citizen of any country files a formal written request for his permanent residency and immigration services. Once that approval is received by the local Government, the foreign fiancé will file a case and will give an additional documentation to the local embassy, take all the medical exams and the visa interviews for the same.

This service is forwarded to the National Visa centre for processing and then after approval is collected by beneficiary’s embassy. Fiancé visa is generally issued for the period of six months and is issued for the purpose of travelling in order to get married. People who wanted to apply for this type of immigration service must be 21 years of age or above, and the partner should also be permanently and well settled there. And only after the marriage the partner can go for the permanent residence there.

Today there is high anxiety level regarding the Fiance Visas. Many of the people find this way better and the easiest one in order to get settled in any of the foreign country. One can also contact the immigration experts for these visas. The petitions filed for these types of visas are quickly and accurately solved.    

A Green card permits an alien to reside and take employment in USA. It is an Identification card, serves as a proof that card holder is a Lawful Permanent Resident (LPR) and has been legally granted immigration benefits.

Immigration and Naturalization Service (INS) is an agency formerly responsible to issue Green cards. It mainly focused on protecting and enforcing the laws of naturalization, the process by which a foreign-born person becomes a citizen.

During a re-organization process, INS was absorbed into and replaced by the Bureau of Citizenship and Immigration Services (BCIS) which was further renamed as US Citizenship and Immigration Services (USCIS), which still retains the responsibility for issuing green cards.

To apply a Green Card one must have a Visa that can be an Immigrant for permanent stay or Non Immigrant for temporary stay. Non Immigrant visa can be a Business Visa, Student Visa, Exchange Visa or can be a Tourist Visa as well.

The duration of the stay depends entirely on the purpose of visit. A business visa also known as B1/B2 Visa is allotted to those who are visiting US for Business Purpose, to attend short term training for short span of time, to visit to his relatives or for any medical treatment

There is another category of Business visa called as EB1/EB2 Visa allotted to priority workers including outstanding professors, researchers, International managers and executives. An EB1 petition does not require a Labor Certification.

To process it forward, an individual or employer must file a Form I-140 (a Petition for Alien Worker) with the USCIS Regional Service Center that has jurisdiction over the place where the individual will work.

Once the I-140 immigrant visa petition is approved, the alien and his/her spouse and children under 21 years of age may apply for their immigrant visas either through adjustment of status in the United States or through consular processing which an applicant can take at US consulate overseas.

Other type of Visa includes Students Visa which is allotted to students going US for studies. This visa is valid only for the span of course duration or 5 years whichever less is. Apart from these Visas there are some other categories like Tourist Visa, Transit Visa that are allotted as per the duration of stay.

There is a separate category of Visa also known as Exchange Visa or F-1 visa which is much highlighted these days for the exchange programs run by colleges and schools wherein students from foreign countries visit US to interact with their students and to understand their education pattern.

Apart from the above process one can also get a Green Card through a Green card Lottery organised by state department that provides Green Card to 50,000 winners randomly selected from all the qualified entries.

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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.

For people who are already a citizen in the United States, for them there are primarily 2 ways to get their spouses to the United States to live with them.

The first one would be to file an immigrant petition filing for an alien relative. This is done using the immigration petition form I-130. The next step up on the receipt of the approval on the petition filed, you would be required to visit the United States consulate in your home country and get the physical immigrant visa. The third step would be to file for your Employment Authorization Card (EAD). The fourth step would be to file for your SSN or the social security number; this is done at the social security office. This concludes the required step for the first option.

The other option would be using the Non immigrant visa for your spouse. This visa is also known as the K3 visa. This K3 visa is sort of a temporary provision for the spouses to come over to the United States and stay together on a temporary basis. While the formalities for the formal spouse immigration is still pending. There are some specifications that needs to be taken care of for the K3 visa.

The application for the K3 visa needs to be filed in the country where the actual marriage took place. It is important that the said K3 visa has to be issued from the same country where the marriage had actually taken place. Once this visa issuance is complete then the spouse can travel to the United States and wait for the time period that would be required for the, actual immigration visa paperwork to be complete.

The filing for the said visa can be done in the nearest US consulate and in case there are children staying with the spouse, as a result of the marriage such children may apply for a K4 visa. Point to be noted here is that such children should essentially be below the age of 21.

Once the spouse has traveled to the United States on such a visa, then in the States they would have to file for the Adjustment of Status (AOS) this is done by filing the form I-485.

The next most important thing would be getting the eligibility for a job thus the next logical step would be filing for the employment authorization card or the EAD.

Once that is done then is the turn for the SSN. The spouse would be required to visit the social security office, and file for the social security number there.