U.S. Visa News. December 2004
Welcome to the December edition of U.S. Visa News, a regular publication of White & Associates. Each edition of U.S. Visa News is devoted to current issues affecting U.S. visas and their impact on American-Russian business relations. U.S Visa News includes information and practical advice designed to facilitate the issuance of U.S. visas to your Russian partners, employees, and relatives.
H-1B CAP REACHED; H-2B QUOTA SOON TO BE EXHAUSTED
The H-1B cap for fiscal year 2005 (October 1, 2004-September 30, 2005) was exhausted on October 1. This means that U.S. companies will not be able to hire foreign computer programmers, financial specialists, engineers, and other professionals for one year. To address this problem, Congress has just passed a bill that permits an immediate increase in the cap by 20,000 for foreign nationals possessing U.S. master's and doctoral degrees. This bill is awaiting the president's signature. It is also anticipated that the cap for the H-2B visa - a visa for temporary, usually unskilled employment - will be reached within the next few months.
U.S. EXPORT REGULATIONS
In today's strict security environment, the U.S. government has increased its scrutiny of foreign nationals visiting or working in the United States. One example of this scrutiny concerns the release of controlled technology. U.S. regulations stipulate that any release of controlled technology to a foreign national is a "deemed export," and therefore subject to licensing. Three U.S. government agencies - the U.S. Department of Commerce, the Department of State, and the Department of Defense - license and control exports. These agencies consider even an inspection or discussion of technology as a "release", and therefore may require a license. Dual-use products and technologies may also require a license. The Commerce Department, which processes most of the license applications, typically takes 60-90 days.
Similar to other countries of the former Soviet Union and China, Russia is considered a "controlled country" for national security purposes. This means that there are restrictions on the export and re-export of items that would make a significant contribution to the military potential of any country that would prove detrimental to the national security of the U.S. In addition, the export regulations contain a "black list" of Russian entities that are prohibited from receiving any items indicated in the export regulations without a license.
DIVERSITY VISA-2006 LOTTERY BEGINS; RUSSIANS NOT ELIGIBLE
The registration period for the DV-2006 Green Card Lottery has commenced. Registration ends on January 7, 2005. Russian citizens are not eligible for participation, unless they or their spouse are "natives" of another country eligible for participation (e.g. Ukraine). An application must be submitted through the Department of State's website at www.dvlottery.state.gov The results will be announced in the spring of 2005, and up to approximately 50,000 selected winners will receive green cards through September 30, 2006. The chances of winning of course depend on the number of participants, but is usually about .5-1%.
An individual who submits his application in the Green Card Lottery must satisfy the entry requirements. For example, a participant must have a high school education or its equivalent, or have 2 years of work experience (in the past 5 years) in an occupation requiring at least two years of training or experience. If an individual is selected as a winner, he must prove that he will not become a "public charge" in the United States.
CANADIAN IMMIGRATION
Individuals with an interest in immigration may want to consider Canada. In contrast to the United States, Canada has a relatively liberal immigration system. Canada does not require family members or a job offer in Canada. Besides business immigrants, Canada seeks skilled worker immigrants meeting four primary criteria: aged - 21-49; having a higher education; proficient in English or French; and having experience in a professional occupation. Several provinces also have their own immigrant selection systems. Processing times at the Canadian Embassy in Moscow have been greatly reduced, and applicants may be scheduled for a selection interview within six months.
DID YOU KNOW?
U.S. citizenship may be transmitted to a child by birth, naturalization, or by law.
Whether a child born abroad may be eligible for U.S. citizenship depends on the U.S. citizenship and marital status of his parents.
IN THE NEWS
In the first case of its kind, a Ukrainian woman successfully sued a marriage agency in the United States for arranging her marriage to an American man who abused her. She was awarded more than $400,000.
PROCESSING TIMES
The current processing time for newly-submitted nonimmigrant visa applications is approximately 8-9 days. Nonimmigrant visa appointment dates at the Embassy in Moscow may be tracked at www.travel.state.gov/visa/tempvisitors_wait.php
FINALLY?
If you have any comments or suggestions regarding the contents of this newsletter or you would like to see a particular topic addressed, please contact White & Associates via e-mail at white@bridgewest.com or call us at 246-4842. If you would prefer to receive this newsletter via e-mail, let us know. It can also be found on our website, at www.bridgewest.com White & Associates is an American law firm with an office in Moscow since 1993.