U.S. Citizenship and Immigration
Your Complete Guide


~ Updates and Errata ~


April 1999


Urgent Notice - H-1B Numbers Going Fast

   The USCIS is running out of numbers for H-1B petitions. The H-1B category allows professionals to work in the United States for up to six continuous years. The USCIS may reach the 115,000 cap on new petitions as early as May 1999. People shut out this year must wait until October 1, 1999, when the new USCIS fiscal year begins. To beat the cutoff for H-1B status, you'll need to start your case soon.

An employer can sponsor a worker for H-1B status for any position which routinely requires a particular four-year college degree. The worker must have that particular degree, or the equivalent in education and experience. Examples of H-1B jobs are teacher, architect, engineer, accountant, and computer scientist. Many managerial positions also qualify. Unlike for most permanent employment-based visas, the employer may sponsor any qualified applicant, even if a better qualified U.S. worker is seeking the position. The H-1B worker need not be especially talented or unique.

Last year Congress increased the number of new H-1B petitions available for the 1999 fiscal year to 115,000. As of February 28, 1999, the USCIS had approved 80,983 petitions credited to the 1999 fiscal year. In the past three months, the USCIS has approved more than 30,000 new petitions.

For more on H-1B cases, see Chapter 14 of the 2nd Revised Edition of U.S. Immigration and Citizenship-Your Complete Guide. You can order the book by clicking the book cover on the home page of this site.

Note: All pages numbers below refer to the 2nd Revised Edition.

Page 52 The Families of Lottery Winners
   The USCIS has ruled that they will deny lottery green card applications where the applicant failed to list their spouse and/or children on their lottery entry. However, you can still get your lottery green card if you left out U.S. citizen children, children over 21 and in some cases children over 18. If you left out children over 18 but less than 21, the government will excuse your omission only if you can argue that you thought children over 18 were excluded from getting a lottery green card as your dependent.

It's better if include the names of all children in your lottery entry.

Page 74 Rules Change Regarding Expungement
   The Board of Immigration Appeals (BIA)has ruled that expungements of criminal convictions no longer eliminate the conviction for immigration purposes. Prior to the ruling, if your conviction was expunged and could no longer be used against you for any purpose under state or federal, the USCIS couldn't use the conviction to deny you permanent residence or citizenship. The recent ruling reverses that long standing position.

I expect that the BIA's position will be challenged in the federal courts.

Page 155 B-1 Visitor's
   The USCIS has been granting B-1 visitors ninety days stay and B-1 visitor's 180 days stay. B-1 visitors who plan to spend more than ninety days in the United States should bring proof as to why they can't complete their business in the ninety day period.

Page 70 Houses as "liquid assets"
   The USCIS an consular officers will consider property as an asset for determining whether a sponsor has sufficient income, but only if the property is not the sponsors primary residence.

Page 67 When You Can Use the Old I-134 Affidavit of Support
   While the new I-864 Affidavit of Support is required in most family-based immigration cases, the old affidavit of support without the new requirements may be used in the following cases:

   K-1 fianc? visa applicants, since they are technically NIV applicants, should use Form I-134. After fiances marry, however, they will be required to submit Form I-864 to USCIS at the time of adjustment of status.

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