THE AMERICAN DREAM -USA-NEWSLETTER 10/2000
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1. greencard Lottery Update
2. H-1B Visa: NEW legislation!
3. Retiree Visa?
4. News Break
5. Surf the web: Interesting Sites
6. Official Visa Bulletin
Entries may still be sent to THE AMERICAN DREAM until Oct. 26th, 2000. The
form can be printed online or requested by mail. As there are only about 7 days
to go, we recommend to print the form and send it to us by express mail service.
All applications received until Oct 26th (12 noon) will still be considered
for this year´s lottery, all others will be kept for submission in 2001. To
request the form, please go to: http://www.greencard.info/en/anmeldung.html
If you have already sent a form to THE AMERICAN DREAM, you may expect an official
confirmation form stamped by the US Postal office by the end of November. This
will be your proof that your application has been submitted correctly and in
time.
2. H-1B Visa. NEW Legislation!
Great news for IT-professionals and any other person with an academic background!
The US Senate passed a new bill that will significantly increase the number
of H-1B visas to be issued each year for foreign professionals. The H-1B visa
is available for professionals who have an employer in the United States willing
to sponsor them. The visa is valid for up to 6 years. The major problem so far
has been the tremendous backlog in processing. Usually, only 65.000 visa were
allowed to be given away each year, with far more applicants waiting for a visa.
Now, the Senate decided by a 96 to 1 vorte, that the cap be raised to a total
of 195.000 per year (!) for the next three years. The text of the bill is at
http://clerkweb.house.gov/cgi-bin/lgwww_bill.pl?602045..
President Clinton is expected to sign the bill into law within the next few
days. For general information on the H-1B visa please also consider our newsletter
08-00 (news archive on http://www.greencard.info
)
Summary of the new H-1B bill:
1) In addition to the numbers of H-1Bs already authorized, the bill raises the
H-1B visa cap as follows:
FY 2000—80,000 (plus 115,000 already authorized)
FY 2001—87,500 (plus 107,500 already authorized)
FY 2002—130,000 (plus 65,000 already authorized)
2) The bill will creates new rules for universities, research institutions and
graduate degree recipients.
First, the H-1B cap will not apply to anyone employed (or who has an offer of
employment) at a college or university or a related nonprofit entity. It will
also not apply to a nonprofit research organization or a government research
organization. If someone leaves this job, then he will become re-subject to
the H-1B cap unless the next employer is also exempt.
Also, the cap will not apply to anyone for whom a petition is filed not more
than 90 days before or not more than 180 days after the person has attained
a master’s degree or higher degree.
3) The bill changes rules on per country quotas for employment-based greencard
applicants. If the total number of visas available in the five employment-based greencard
categories is more than the number of applications submitted, then
requirements that prevent countries from having more than 7% of the allotment
of employment-based greencards will not apply. That way, immigrant visas will
not go unused if there are applications pending that would otherwise be subject
to the per country limit.
This section also contains a provision that says that notwithstanding the H-1B
visa cap, if an H-1B visa holder is the beneficiary of an employment-based immigrant
visa petition and would be subject to the per country limit, the applicant may
apply for an extension of their H-1B status until the applicant’s adjustment
of status case is completed.
4) H-1B visas will be more “portable“ in the future. An H-1B visa holder will
be allowed to begin work for a new employer at the time of submitting an H-1B
petition. The INS currently holds that the change of status must be approved
before work can begin for a new employer. If the change of status is denied,
employment authorization will end.
This section of the bill becomes effective immediately and applies to cases
already filed. That means that anyone with a pending H-1B transfer case can
legally work for the new employer right away after the President signs the bill
and do not have to wait for an H-1B approval.
5) The H-1B visa six year time limit is not applicable to people with employment-based
immigration applications (greencard applications) or adjustment of status applications
if a year or more has passed since the application was filed. H-1B visas may
be extended pursuant to this section in one year increments until the final
decision comes in on the greencard petition.
6) The H-1B visa fee (for the employer) will be increased from US$ 500.–to
US$ 1,000.
IF YOU ARE INTERESTED IN APLLYING FOR THIS TYPE OF VISA OR ANY OTHER TYPE OF
VISA, PLEASE CONTACT US AT info@americandream.de
TO SEE IF WE CAN HELP YOU! More details about this and all other types of visa
can also be found in the extremely comprehensive book “United States, entry
and work permits“ by immigration lawyer Liam Schwartz. (http://www.amazon.com/exec/obidos/ASIN/9041104313/)
P.S. The Institute for the Study of International Migration of Georgetown University
has recently published a very comprehensive study on the effects this change
of H-1B visa policy would have, if passed. The study also provides various tables,
showing for example the number of foreign H-1B workers from selected countries,
number of total foreign workers in the US etc. It is downloadable in .pdf-format
(Acrobat Reader) at the following address: http://www.ieeeusa.org/grassroots/immreform/h1breport.pdf
As early as in 1999, Senator Bill McCollum proposed a new bill called the “Retiree
Visa Act“. Until to date, the United States have no visa option at all for wealthy
retirees who would like to spend their last years in the US. The Retiree Visa
Act is expected to be a topic again soon as it would provide major benefits
for local communities. The proposed prerequisites for this type of visa are:
1) The retiree has to be at least 55 years of age
2) The person has to be a citizen of Canada or one of the participating countries
in the visa waiver permanent program.
3) The person or the spouse of the person has to possess real estate (as a permanent
address) in the US and
4) needs to prove health insurance for the entire duration of stay.
The visa would be valid for 4 years, but would not include a work permit. Furthermore,
the person needs to earn more than twice the amount of the poverty level in
the US ( currently at 8.350 US$ per year) from foreign sources. It is obvious
that this bill would benefit the communities, since real estate would need to
be purchased in order to meet the prerequisites for this visa, wealthy retirees
would spend their dollars in America rather than abroad and there would be no
public burden as health insurance is mandatory.
It is expected that the new debate over this visa will be raised again after
the new president is sworn in. We will keep you informed. So far, there is unfortunately
no way for retirees to spend more than 6 months per year in the United States
of America, unless they want to work again or are lucky enough to win the greencard
lottery.
VISA WAIVER PERMANENT: Last week the House also passed a bill called the Visa
Waiver Permanent Program. As the name implies, this bill will make the “Visa
Waiver Pilot Program“ permanent. About 18 million people per year used to travel
to the United States with only their passport but without a visa under this
program. However, the Pilot program terminated at the end of May 2000 and created
a lot of confusion in the meantime. From June until recently, everyone normally
subject to this program was being paroled into the country, which meant that
the normal rules of the visa waiver program would not apply anymore. The House
passed the bill earlier this year, but when the Senate approved it they made
some changes, which the House has now approved, so the bill will be presented
to the President for his signature.
+++
IT-PROFFESIONALS NEEDED: : According to official information, software giant
Cisco Systems is hiring 1000 new workers every month! There has been a continuous
opening of more than 2500 jobs for the past year. The total of 34,000 current
employees includes 300 foreign H-1B workers, but is expected to rise.
+++
CUBAN-USA-TALKS: :Last month saw the first migration conference between the
US and Cuba since December 1999. The conferences have been held twice a year
since 1994, but one had not been held this spring because of the furor over
the Elian Gonzalez custody dispute. Two days of talks were scheduled, but the
conference was cancelled after one day because the talks “were not productive.“
Havana officials spoke in stronger terms, calling the talks “useless.“ One issue
that was discussed before the talks broke up was the fact that the Cuban government
charges $600 for an exit visa to Cubans who have obtained an immigrant visa
to the US. This is equivalent to three to four years’ wages for many Cubans,
meaning that those who are lucky enough to get a US visa may in reality never
be able to leave legally. The US side also urged Cuban to stand by the principles
of family reunification it considered so important during the Elian Gonzalez
situation.
+++
MEXICAN DEATH TOLL: :According to statistics from the Mexican government, 388
Mexican citizens have died attempting to enter the US this year. During her
annual report to the Mexican Senate, Foreign Relations Minister Rosario Green
attributed the deaths to increased US border enforcement that pushes migrants
into dangerous rural areas.
5. SURF THE WEB: INTERESTING SITES
All Newspapers:
You can research the online editions of local and national newspapers in the
US and throughout the world on this site. Ever wanted to get news from your
last vacation site? Now you can. You can search by country, town, name of newspaper
etc.
http://www.allnewspapers.com
Employment Agency:
For many types of visas in the US it is mandatory to have a job offer first.
While data bases on the internet currently post thousands of job openings, it
is sometimes hard to find the job that fits a person, especially for foreigners.
This website offers a general “employability report“, a customized job search,
and relocation information.
http://www.CanadaUSemployment.com
Translations
A good site to translate websites in foreign languages or write letters to pen
pals that are not familiar with your language. It is not always 100 percent
reliable, but good enough to understand.
http://www.systransoft.com
H-1B Job Site
Finally, talking so much about H-1B visas in this newsletter, this is a good
research site for someone seriously looking for a job. They call themselves
“The world´s favorite H-1B job site for IT professionals“
http://www.y-axis.com
6. STATE DEPARTMENT VISA BULLETIN (official Version)
In this bulletin you can see the actual waiting periods for all kinds of categories
in which you can apply for a greencard. The three main categories are “Family
based“, “Employment based“, and “Diversity Immigrant Category“ (greencard Lottery).
Especially in Family based categories the waiting period may exceed 10 years.
greencard winners may read in this list, when, according to their case number,
they may expect to be invited to the final interview at the consulate. We will
publish the newest visa bulletin every month in this newsletter.
IMMIGRANT NUMBERS FOR NOVEMBER 2000
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during NOVEMBER.
Consular officers are required to report to the Department of State documentarily
qualified applicants for numerically limited visas; the Immigration and Naturalization
Service reports applicants for adjustment of status. Allocations were made,
to the extent possible under the numerical limitations, for the demand received
by October 9th in the chronological order of the reported priority dates. If
the demand could not be satisfied within the statutory or regulatory limits,
the category or foreign state in which demand was excessive was deemed oversubscribed.
The cut-off date for an oversubscribed category is the priority date of the
first applicant who could not be reached within the numerical limits. Only applicants
who have a priority date earlier than the cut-off date may be allotted a number.
Immediately that it becomes necessary during the monthly allocation process
to retrogress a cut-off date, supplemental requests for numbers will be honored
only if the priority date falls within the new cut-off date.
2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum
family-sponsored preference limit of 226,000. The worldwide level for annual
employment-based preference immigrants is at least 140,000. Section 202 prescribes
that the per-country limit for preference immigrants is set at 7% of the total
annual family-sponsored and employment-based preference limits, i.e., 25,620.
The dependent area limit is set at 2%, or 7,320.
3. Section 203 of the INA prescribes preference classes for allotment of immigrant
visas as follows:
FAMILY-SPONSORED PREFERENCES
First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not
required for fourth preference.
Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents: 114,200, plus the number (if any) by which the worldwide family preference
level exceeds 226,000, and any unused first preference numbers:
A. Spouses and Children: 77 % of the overall second preference limitation, of
which 75 % are exempt from the per-country limit;
B. Unmarried Sons and Daughters (21 years of age or older): 23 % of the overall
second preference limitation.
Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not
required by first and second preferences.
Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not
required by first three preferences.
EMPLOYMENT-BASED PREFERENCES
First: Priority Workers: 28.6 % of the worldwide employment-based preference
level, plus any numbers not required for fourth and fifth preferences.
Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional
Ability: 28.6 % of the worldwide employment-based preference level, plus any
numbers not required by first preference.
Third: Skilled Workers, Professionals, and Other Workers: 28.6 % of the worldwide
level, plus any numbers not required by first and second preferences, not more
than 10,000 of which to “Other Workers“.
Fourth: Certain Special Immigrants: 7.1 % of the worldwide level.
Fifth: Employment Creation: 7.1 % of the worldwide level, not less than 3,000
of which reserved for investors in a targeted rural or high-unemployment area,
and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.
4. INA Section 203(e) provides that family-sponsored and employment-based preference
visas be issued to eligible immigrants in the order in which a petition in behalf
of each has been filed. Section 203(d) provides that spouses and children of
preference immigrants are entitled to the same status, and the same order of
consideration, if accompanying or following to join the principal. The visa
prorating provisions of Section 202(e) apply to allocations for a foreign state
or dependent area when visa demand exceeds the per-country limit. These provisions
apply at present to the following oversubscribed chargeability areas: CHINA-mainland
born, INDIA, MEXICO, and PHILIPPINES.
5. On the chart below, the listing of a date for any class indicates that the
class is oversubscribed (see paragraph 1); “C“ means current, i.e., numbers
are available for all qualified applicants; and “U“ means unavailable, i.e.,
no numbers are available. (NOTE: Numbers are available only for applicants whose
priority date is earlier than the cut-off date listed below.)
| All Chargeability Areas Exceptet Those Listed | CHINA mainland born | INDIA | MEXICO | PHILIPPINES | |
| Family | |||||
| 1st | 01MAR99 | 01MAR99 | 01MAR99 | 22APR94 | 01MAY88 |
| 2A* | 22JUN96 | 22JUN96 | 22JUN96 | 01OCT94 | 22JUN96 |
| 2B | 01JUN93 | 01JUN93 | 01JUN93 | 08OCT91 | 01JUN93 |
| 3rd | 08APR96 | 08APR96 | 08APR96 | 01FEB95 | 15NOV87 |
| 4th | 15JUL89 | 15JUL89 | 15JAN88 | 15JUL89 | 01AUG79 |
| All Chargeability Areas Exceptet Those Listed | CHINA mainland born | INDIA | MEXICO | PHILIPPINES | |
| Employment-Base | |||||
| 1st | C | C | C | C | C |
| 2nd | C | 08MAR99 | 01NOV99 | C | C |
| 3rd | C | 15MAR98 | 15FEB97 | C | C |
| Other-Workers | 01FEB96 | 01FEB96 | 01FEB96 | 01FEB96 | 01FEB96 |
| 4th | C | C | C | C | C |
| 5th | C | C | C | C | C |
| Targeted Employment Areas/Regional Centers | C | C | C | C | C |
| Region | All DV Chargeability Areas Except Those Listed Seperately |
| AFRICA | AF 12,903 |
| ASIA | AS 5,150 Except: Bangladesh AS 5,100 |
| EUROPE | EU 14,100 Except: Albania EU 4,016 |
| NORTH AMERICA (BAHAMAS) | NA 15 |
| OCEANIA | OC 700 |
| SOUTH AMERICA, CENTRAL AMERICA and the CARIBBEAN | SA 1,500 |
| Region | All DV Chargeability Areas Except Those Listed Seperately |
| AFRICA | AF 13,800 |
| ASIA | AS 5,200 Except: Bangladesh AS 5,150 |
| EUROPE | 14,200 Except: Except: Albania EU 4,510 |
| NORTH AMERICA (BAHAMAS) | NA 15 |
| OCEANIA | OC 710 |
| SOUTH AMERICA, CENTRAL AMERICA and the CARIBBEAN | SA 1,525 |
| Region | All DV Chargeability Areas Except Those Listed Seperately |
| AFRICA | AF 14,000 |
| ASIA | AS 5,400 Except: Bangladesh AS 5,200 |
| EUROPE | EU 14,300 Except: Except: Albania EU 4,600 |
| NORTH AMERICA (BAHAMAS) | NA 15 |
| OCEANIA | OC 710 |
| SOUTH AMERICA, CENTRAL AMERICA and the CARIBBEAN | SA 1,525 |
For January, immigrant numbers in the DV category are available to qualified
DV-2001 applicants chargeable to all regions/eligible countries as follows.
When an allocation cut-off number is shown, visas are available only for applicants
with DV regional lottery rank numbers BELOW the specified allocation cut-off
number:
| Region | All DV Chargeability Areas Except Those Listed Seperately |
| AFRICA | AF 14,000 |
| ASIA | AS 5,400 Except: Bangladesh AS 5,200 |
| EUROPE | EU 14,300 Except: Except: Albania EU 4,600 |
| NORTH AMERICA (BAHAMAS) | NA 15 |
| OCEANIA | OC 710 |
| SOUTH AMERICA, CENTRAL AMERICA and the CARIBBEAN | SA 1,525 |
Im naechsten Newsletter unter anderem: Infos zum Immobilienmarkt USA, Studentenvisa
etc.
Anregungen und Fragen nehmen wir gern entgegen.
www.greencard.info
info@americandream.de