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THE AMERICAN DREAM-USA-NEWSLETTER 08/2000
Published byTHE AMERICAN DREAM – USA Services GmbH, Mehringdamm 62, 10961 Berlin, Germany
THE AMERICAN DREAM, Empire State Building, Ste. 3304, New York, NY 10118, USA
Tel.: +49 180-511 0511, Fax +49 180-511 0 512, www.americandream.de
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1. New Rules for Green Card Lottery
2. H-1B Visa
3. News Break
4. Winners of last year’s lottery by country of birth
5. Official Visa Bulletin
1. New Rules for Green Card Lottery
NEW ADRESS: On July 31st, 2000, the US government announced the new rules for the DV-2002 lottery. The entries may be sent in between October 2nd and Nov 1st, 2000. For the first time, the “National Visa Center” is not the correct American authority to process the lottery applications anymore. New entries have to be sent to the Kentucky Consular Center in Williamsburg. Of course, THE AMERICAN DREAM will send all applications to the correct address, according to your country of birth.ADMITTED COUNTRIES: All countries of the world are admitted to take part, except for: Great Britain (except Northern Ireland), China, India, Pakistan, the Philippines, Vietnam, South Corea, Canada, Mexico, Jamaica, El Salvador, Haiti, Columbia and the Dominican Republic. Only people BORN in these countries are excluded from the lottery.
PLEASE NOTE, that people born in Poland may take part again this year, whereas people born in Pakistan are excluded for the first time. Entries may be sent to THE AMERICAN DREAM until Oct. 15th, 2000. The form can be printed online or requested by mail. To request the form by mail, please go to:
www.americandream.de/en/feedback.htm or to print the form online go to
www.americandream.de/en/eng_eing.htm
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 beginning of November. This will be your proof that your application has been submitted correctly and in time. The chances to win the greencard are generally about 1 in 20, although this may vary slightly according to your country of birth. At the end of this newsletter we publish a complete list of last year’s winners per country!
2. H-1B VISA FOR SPECIALTY OCCUPATIONS
Of course, besides the Green Card, which allows you into the US indefinitely and for all purposes, there are many other visa types. We want to introduce you to the most popular one: the H-1B Visa. More than 115.000 people are admitted each year to the US on the basis of this visa. Of course, this can only be a brief description of the visa for you to see if it might fit your needs. If you are really interested in obtaining this kind of visa, please contact us at info@americandream.de for professional advice.“Specialty Occupation” is a uniquely American term essentially referring to the free professions. Most professionals with the opportunity to work in their respective fields of endeavour in the United States do so under H-1B status. Because of recent changes to this work category, which both lengthen and complicate the approval procedure, professionals are well-advised to consider other categories before applying for H-1B Specialty Occupation status.
WHO QUALIFIES FOR A H-1B Visa?
The twin bases for Specialty Occupation status are: (1) the duties of the offered position require knowledge and skill on a level reflected by a university degree; and (2) the proposed employee possesses such a level of knowledge and skill. These bases can be explained as follows:
The Job: Is It Professional?
The principal criterion of a “Specialty Occupation” is that a university degree (BA or higher) is the minimum requirement for entry into the particular occupation. The term is thus appropriate for the free professions, which include architecture, engineering, physical and social sciences, education, accounting, law, theology and the arts. An occupation, even if not included in the free professions, can be a “Specialty Occupation” if a university degree is commonly required of employees of such occupation; or if the duties thereof are so complex as to require a level of knowledge associated with the attainment of such a degree.
EXAMPLE: The Bismark Business Research Center has a position opening for a Business Researcher. A university degree in business studies is required for fulfilling the duties of the position. Given this requirement, the position at Bismark should be considered a “Specialty Occupation”, allowing a non-American to be hired in H-1B status.
NOTE: One advantage of H-1B Specialty Occupation status is that the U.S. employer (such as Bismark in the above example) does not have to first recruit local American workers before hiring a foreigner for the job.
The Worker: Is He A Professional?
Eligibility requirements applying to the individual are that he possess at least one of the following:
A United States baccalaureate or higher degree in a specialty occupation.
EXAMPLE: Candy from Canada has earned an MBA degree from the University of California. She learns that the Bismark Business Research Center has a job opening for a Business Researcher. On the basis of her U.S. degree, Candy will be deemed as meeting this requirement of H-1B status.
EXAMPLE: Dan from Denmark is the holder of a B.A. degree from the Danish School of Design. Dan has been offered a temporary position by Philadelphia Fashions, a U.S. apparel manufacturer interested in creating a Scandinavian line of mens’ suits. Dan’s Danish B.A. is evaluated by an accredited service as the equivalent of a B.A. degree from a U.S. school of design. Assuming that other eligibility requirements are met, Dan should qualify for H-1B Specialty Occupation status. You can find an accredited evaluation service at www.wes.org
If you have not completed Unversity, it is possible that you qualify by having the EQUIVALENT of a University degree, i.e. a similar education and a long experience in your job which makes up for the loss of University education.
WHAT THE AMERICAN EMPLOYER MUST DO …
Labor condition application
The Labor condition application (“LCA”) requirement arises from recent changes made to the H-1B category, and is one of the reasons why U.S. employers and foreign employees should examine other options before selecting H-1B status.
The LCA is now the initial procedural step to be taken by the U.S. employer. Submitted to the Department of Labor, the LCA is a document on which the employer attests to the following:
It will pay the H-1B employee wages at least equal to the “actual wage” or the “prevailing wage”, whichever is greater. It will provide working conditions that will not adversely affect the working conditions of similarly employed U.S. workers. It has given appropriate notice to its U.S. employees of its intent to employ the foreigner in the offered position. Such notice is made by giving a copy of the LCA to the employees’ union or, should there be no such union, by posting copies of the LCA at two conspicuous places at the place of employment. Upon receipt of the LCA, the Department of Labor reviews the document to ensure it is complete and contains no obvious inaccuracies. Barring such imperfections, the Department of Labor will certify the LCA within 7 days of filing, and send a copy to the employer. Receipt of this certified copy enables the employer to proceed to the next procedural step—the filing of the H-1B Specialty Occupation petition.
Processing times for a Specialty Occupation petition vary in different areas of the U.S., but in general a decision is made within 4-6 weeks. If the petition is approved, notice will be sent directly to the American employer. A special request can be made to the INS that it send another copy of the approval notice directly to the appropriate U.S. Consulate in the prospective employee’s home country.
A new fee of USD 500.-- was introduced this year, which US employers will also have to pay now, so consider this, before you ask a US employer to sponsor you for a job.
There is a service on the internet which lists job openings only by employers who are willing to sponsor you for a visa or even a greencard. However, this service is not free of charge. If you want to check it out, please go to www.visajobs.com
WHAT YOU AS THE FOREIGN WORKER MUST DO…
Once the Consulate receives the notice of approval, the applicant can go to the Consulate and request an H-1B visa. This visa request is made on the standard nonimmigrant visa application form (Optional Form 156). A separate application form, together with passport photos, must be submitted for the prospective employee and all members of his family (regardless of age) who will be traveling with him to the United States.
NOTE: The above does not mean that an application for Specialty Occupation status will always be approved. If the Consul suspects, for example, that the petition originally filed with the INS contains inaccuracies regarding the applicant’s work or educational background, an H-1B visa will not be issued.
DURATION: An H-1B Specialty Occupation petition can be approved for an initial period of up to three years. Extensions of the initial approved period may be granted, but the total stay under H-1B status may generally not exceed six years.
A request for an extension of stay as a Specialty Occupation worker is made by the U.S. employer (and not the worker himself). A letter explaining the reasons for the extension request should accompany the application. The employer must also submit a new approved labor condition application (see above) with the request.
NOTE: A person who has been in the United States in H-1B status worker for six years may not seek a further extension of stay or a change of status, and is barred from reentering the U.S. in either “H” or “L” status until he has resided outside the U.S. for a full year. Brief business or pleasure trips to the United States during this period are allowed, but any time spent in the U.S. during such trips is not counted towards fulfillment of the required year abroad. However, while you are in the US on a H-1B Visa, you may continue to prepare an application for a GreenCard or keep playing in the GreenCard lottery.
Visas For Family Members
The spouse and unmarried children under 21 of an H-1B Specialty Occupation worker are eligible for H-4 visas. Work is not permitted in this status, meaning that the spouse must independently qualify for one of the work visas discussed in this book in order to legally work in the United States. On the other hand, this status does permit attending school and undertaking studies in America.
IF YOU ARE INTERESTED IN 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 all other types of visa can also be found in the book “United States, entry and work permits” by Liam Schwartz. (www.amazon.com/exec/obidos/ASIN/9041104313/)
3. NEWS BREAK
SENATOR LIEBERMAN (D), Vice-President Al Gore’s choice for running mate on the Democratic presidential ticket, has a strong pro-immigration voting record during his years in the Senate.For example, he voted in favor of the Immigration Act of 1990, which significantly increased the number of immigrants authorized to enter the US each year. He also is in favour of letting more H-1B workers into the United States.
Lieberman himself is the son of Jewish immigrants from Eastern Europe. His wife was born in a refugee camp in Czechoslovakia in 1948 and immigrated to the US with her parents in 1951. Her mother was imprisoned in the Dachau and Auschwitz concentration camps, and her father was held in a Nazi slave labor camp. Her own experiences as an immigrant, and as the child of Holocaust survivors were reflected in a speech given on the day Gore’s selection of Lieberman was made official. “Here I am, the daughter of survivors of the Holocaust. Whether you and your family immigrated from Europe, Africa, Mexico, Latin America or Asia, I am standing here for you,” she said.
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ELIAN GONZALEZ: Almost four months after the raid that reunited him with his father, and nearly two months after his return to Cuba, the little Cuban boy is again in the news. This week the INS announced that it would hold an awards ceremony to honor the agents who participated in the raid. The news was greeted with anger by the Cuban-American community in Miami which plans to hold protests against the ceremony.
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VISA WAIVER PILOT PROGRAM: At the end of May 2000 the Visa Waiver Pilot, which allowed people from many countries, including almost all countries of the European Union, to come to the US without a visa and only with a passport, as long as they stay no longer than 90 days, officially expired. A new law would have to be established for the program to continue. However, in order not to cause anger with tourists, the program was extended unofficially and people who would usually be entitled to the visa waiver are still admitted at the border. An interesting fact about the expiration of the Visa Waiver Pilot Program was now revealed. Ordinarily people who enter on the VWPP are not eligible to change to any other status in the US, that is they can not enter the US as a tourist and then apply for a student or work visa. However, since the program expired a few months ago, visitors are now being paroled into the US without a real law backing this decision. As such these tourists are eligible to change status, including applications for adjustment of status. The INS and the State Department have agreed to continue granting parole to VWPP eligible travelers until September 30. After that date, a new law should have been passed so things can go back to normal.
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WATER IN THE DESERT: Volunteers have begun a program to supply water to undocumented migrants crossing the desert southwest. They have stored two one gallon jugs (about 8 litres) of water at 100 locations in the southern California deserts, marking each site with a 30 foot tall flagpole.
During the past months, several dozens of illegal immigrants have died while trying to cross the desert to avoid the strict border patrols in busier areas.
4. WINNERS OF LAST YEAR’S LOTTERY
The following list was announced on June 24th, 2000 by the speaker of the State Department. Names are never published, so please do not inquire about your individual result. If you take part through THE AMERICAN DREAM, you will always be informed by mail and e-mail about your individual result! The winners are divided in six geographic regions, which are listed in alphabetical order. If you were not among the winners, we wish you good luck for next year!
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5. 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 Green Card. 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 SEPTEMBER 2000
A. STATUTORY NUMBERS
1. This bulletin summarizes the availability of immigrant numbers during September. 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 August 8th 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. The fiscal year 2000 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality Act (INA) is 294,601. The fiscal year 2000 limit for employment-based preference immigrants calculated under INA 201 is 142,299. 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., 30,583 for FY-2000. The dependent area limit is set at 2 %, or 8,738.
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 Family
| 1st | 15JAN99 |
| 2A* | 15APR96 |
| 2B | 01APR93 |
| 3rd | 08FEB96 |
| 4th | 01JUN89 |
*NOTE: For September, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08SEP94. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08SEP94 and earlier than 15APR96.
All Chargeability Areas Employment-Based
| 1st | C |
| 2nd | C |
| 3rd | C |
| Other Workers | 01AUG95 |
| 4th | C |
| Certain ReligiousWorkers | C |
| 5th | C |
| Targeted Employment Areas/Regional Centers | C |
The Department of State has available a recorded message with visa availability information which can be heard at (202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NCARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NCARA program. This reduction has resulted in the DV-2000 annual limit being reduced to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.
For September, immigrant numbers in the DV category are available to qualified DV-2000 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:
All DV Chargeability Areas Except Those Listed Separately
| AFRICA | CURRENT Except: Nigeria AF 13,676 |
| ASIA | CURRENT |
| EUROPE | EU 21,030 Except: Albania EU 14,669 |
| NORTH AMERICA (BAHAMAS) | CURRENT |
| OCEANIA | OC 850 |
| SOUTH AMERICA, CENTRAL AMERICA and the CARIBBEAN | SA 2,011 |
Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2000 program ends as of September 30, 2000. DV visas may not be issued to DV-2000 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2000 principals are only entitled to derivative DV status until September 30, 2000. DV visa availability through the very end of FY-2000 cannot be taken for granted. Numbers could be exhausted prior to September 30. Once all numbers provided by law for the DV-2000 program have been used, no further issuances will be possible.
In the next newsletter you will read about creating your own business in America and how to get the necessary E-visa for this type of business.
Any suggestions? Please e-mail: info@americandream.de
US States
From Alabama to Wyoming – learn more about the 50 states of the USA. Each month we will present 2 states, beginning with Alabama, followed by the states in alphabetical order. This will give you a good overview of all US-states. More
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