What's new at VISANOW

Come visit our new home! Recently, VISANOW introduced its new website.  The website contains  a variety of enhancements to the public side including expanded resources and news sections and simplified navigation as well as increased functionality on the client side including increased reporting capabilities, more comprehensive support features and an even faster application process.

Visit the new site today to gather new information and experience the benefits of the VISANOW process. And as always, we are interested to hear your thought and comments, which you can forward to us at info@visanow.com

Happy Holidays

From all of us at VISANOW, we wish you a very happy and healthy holiday season and we look forward to communicating with you in 2006!

USCIS Issues Current Cap Numbers for H-1B Advanced Degree Exemption

On December 5, 2005, the USCIS reported that only 2,933 H-1Bs remain available under the H–1B Advanced Degree Exemption. As has been reported in previous issues of the Voice, 20,000 additional H-1Bs were created under this exemption and made available to foreign nationals who have obtained a U.S. Master’s degree (or higher). Currently, 14,915 applications have been approved under this exemption and 2,152 applications are pending.

This data indicates an increase in usage under this exemption over the previous usage rates earlier this year, and the likely result is that the limit on H-1Bs available under this exemption, at the current rate, will be met in the near future. In this regard, VISANOW continues to recommend that employers and foreign nationals who wish to take advantage of this exemption and qualify under the regulations file their H-1B applications as soon as possible. Once the additional applications created by the exemption have been filled, foreign nationals who qualify under the exemption and their employers will have to wait until April 1, 2006 to file the H-1B applications, with the earliest possible employment start date being October 1, 2006.

Department of State January 2006 Visa Bulletin

The Department of State (DOS) recently released its January 2006 Visa Bulletin for Employment-Based visa categories. This bulletin summarizes the available numbers during January 2006 and allocations are made for the demand received by December 8 in the chronological order of the reported priority dates.

In addition, the DOS has available a recorded message with visa availability information which can be heard by dialing 202.663.1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

There has been significant movement for those from China and India in all three categories. Nationals from China have seen a four month advance in priority dates since the previous Visa Bulletin. Those from India have seen a six month improvement on their priority dates. This is good news for nationals of China and India considering the significant wait times for those in the EB-3 category. However, we have yet to see if this trend continues.

Holiday Travel Tips

As reported in last month’s issue of the Voice, foreign nationals should be prepared for increased inquiries and scrutiny when traveling abroad during the holiday season. Below is a list of tips for foreign nationals planning to travel abroad:

1. Ensure that your passport is valid for at least 6 months following your return travel date to the U.S.
2. If you intend to have a new visa stamped into your passport on your trip, be sure to carry with you all necessary documents: I-797 (approval notice), most recent filing (all of the documents included in your last visa approval), passport, I-94, letter of employment.
3. Expect delays at U.S. consulates abroad. Plan ahead and make your appointment before arriving if you need a visa stamp.
4. If you have an adjustment of status application pending, we recommend that you travel with a valid advance parole document, or I-131.

Take extra care if you are attempting third country consular processing and be sure to consult an attorney before leaving the U.S. if you intend to reenter regardless of your status.

The VISANOW Voice is published monthly by VISANOW. Dedicated to streamlining the U.S. visa and immigration process, VISANOW has successfully improved the immigration processing of hundreds of U.S. corporations in a variety of industries, including biotech, engineering, healthcare, hospitality, telecommunications and technology. Any legal analysis or comments contained herein have been provided by American Services Network, P.C. and do not constitute the provisions of legal services and, therefore, should not be relied upon as legal advice. If you believe that any of the information contained in this newsletter relates to your immigration status or to your company's immigration issues, you should consult your immigration legal services provider. © 2005 VISANOW.com, Inc. VISANOW, 350 North LaSalle Street, Suite 1400, Chicago, IL 60610 (888) 4-VISANW Please send comments and questions to info@visanow.com