February 2011


As our world becomes more and more intertwined, the romantic metaphor of crossig the seven seas for your beloved becomes a reality.  Cross-cultural marriages are becoming part of the norm.  But which is better? Filing as a fiance or spouse?  Let us explore both options.


Transferring your Foreign Business to the U.S.

The L-1 Visa is one of the most common non-immigrant work-related visas. The L-1 Visa is available for foreign national executives, managers and other persons with specialized knowledge who have been working for a non-U.S. company and that may be transferred to a U.S. company. The U.S. company must be a subsidiary, branch, affiliate or joint venture partners of the non-U.S. company but do not have to engage in the same line of business than the foreign company. The L-1 Visa is typically approved for an initial period of three years with the possibility of two-year extensions later on.


The H-1B Cap Reached for FY 2011

In January, the U.S. Citizenship and Immigration Services (USCIS) received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. 

Background:  Anyone with an offer of employment for a "specialty occupation," requiring a bachelor's degree or higher, may be eligible for this valuable H-1B employment visa. There is a cap of 65,000 petitions per fiscal year. Some aliens of advanced degree are provided an exemption from the cap, i.e. for the first 20,000 petitions filed for beneficiaries who have obtained a U.S. master's degree or higher.

If you are looking for an employment-based visa in order to remain in the U.S., immediately contact an experienced immigration attorney from our Law Firm.

In This Issue

Newsletter Issues

USCIS Reminder: Petitioners should Complete Part 6 of Form I-129

Effective December 23, 2010, USCIS requires a revised version of the Form I-129, Petition for a Nonimmigrant Worker. However, since there were many inquiries about the part of the form relating to "Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States", USCIS is not requiring this part to be completed until Feb. 20, 2011. Hence, petitions postmarked on or after Feb. 20, 2011, must have Part 6 of the Form I-129 completed.


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