U.S. Visa News. September 2004
Welcome to the September 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 visas to the U.S. and their impact on American–Russian business relations. In the U.S Visa News you will find information and practical advice to help facilitate the issuance of U.S. visas to your Russian partners, employees, and family members.
VISA DELAYS HURT U.S. BUSINESS
This was the conclusion of several leading international trade associations, including the U.S.–Russia Business Council. Their survey estimates that U.S. exporters lost more than $30 billion in revenue and indirect costs since the implementation of new visa procedures in 2002. Visa applicants from Russia, China, and India encountered the most difficulties. In a letter to Secretary of State Powell, the associations recommended that 1) visa processing be completed within 48 hours for most cases; 2) consular posts provide greater transparency to U.S. companies; and 3) a "Gold Card" program to facilitate the processing of visa applications.
US–VISIT UPDATE
US–VISIT is part of an overall security program that begins at U.S. embassies and consulates overseas and continues through a visitor's arrival to and departure from the United States. All nonimmigrant visa applicants, aged 14–79, must have their index fingers scanned as part of the visa application process. Upon entry into the United States, their index fingers are again scanned, and a digital photograph is taken. In the near future, an exit system, tracking compliance with immigration laws, will be implemented throughout the United States.
US–VISIT entry procedures are in operation at 115 airports and 14 seaports. These procedures will be in place at all165 land ports of entry by December 31, 2005. The exit system is currently limited to 15 airports, including Chicago O'Hare, San Francisco International, Seattle/Tacoma International, and Newark International.
In practice, the entry program has been minimally disruptive, adding an average of 15 seconds to the passenger clearance process, according to the Department of Homeland Security. For those in the United States, all requests for extensions or changes of status will be monitored by DHS. In addition, once the exit system is fully implemented, DHS will be able to accurately track visa overstayers. (As a reminder,visa holders who overstay their visas by more than 6 months are subject to a 3–year bar from entry to the United States; overstays of more than 12 months lead to a 10–year bar.)
H–1B VISA NUMBERS
The annual quota for H–1B visas — the visa for specialists such as computer programmers — is 58,200. As of August 20, 2004, 40,000 H–1B filings subject to the FY–2005 quota have been received. It is anticipated that the quota will be exhausted by October 1. What this means is that once the quota has been reached, barring congressional intervention, no more H–1B visas will be issued before October 1, 2005.
VISA REVALIDATION IN WASHINGTON DISCONTINUED
The State Department has discontinued revalidation of visas. Revalidation is the process by which individuals in the U.S. with work visas and have approved extensions from USCIS (former INS) are able to send their passports through the mail to Washington and have new visas issued to them. Implementation of this new policy means that such individuals must now apply at a U.S. Embassy abroad in order to obtain a new visa in order to regain entry to the U.S.
DID YOU KNOW?
A Russian executive working for an American multi–national company may obtain a green card relatively quickly and easily. The primary prerequisites: 1) The Russian must be employed by the U.S. subsidiary/branch/rep. office in Russia for at least one of the past 1 of 3 years; and 2) the American company must offer an executive/managerial position to work in the American office. Processing times may vary, but in some cases, may be as fast as 8–12 months.
Russian spouses of American citizens working for a U.S. multinational abroad are "fast–tracked" for U.S. citizenship. Most U.S. permanent residents must spend prescribed time in the U.S. in order to qualify for citizenship: 2½ out of 5 years, or, in the cases of spouses of U.S. citizens, 1½ out of 3 years. But for spouses of U.S. citizens posted overseas, it is not necessary to spend any time in the U.S. and there is no waiting period after obtaining the green card. The process can be accomplished within one year.
PROCESSING TIMES
Current processing times for newly–submitted applications are approximately ten days. It is now possible to check the nonimmigrant visa interview appointment dates of the Embassy in Moscow at http://www.travel.state.gov/visa/tempvisitors_wait.php
HELPFUL HINTS
Even if an applicant for a visa has been rejected, he is permitted to re–apply again immediately. He must pay another fee for the new application, but it is not unusual for an applicant to receive a visa upon the re–application. Of course, the applicant should be able to address any issues that were raised at his or her first interview, and document any clarifications.
FINALLY…
If you have any comments or suggestions as to 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.