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THE OH LAW FIRM
Immigration Law Practice for Over 30 years

The posting in the Breaking News requires visitors' some level of knowledge of immigration issues. Reading one posting without closely following previous postings will result in reading it out of context. The laws, policies, and practices of agencies are constantly changing and people should be careful in reading old postings. People should not take the news in this page as a legal advice. The purpose of Breaking News is to feed into the immigrant communities up to the minute news, especially inside information of agencies' decision making. Just like any other news reporting, the life span of the news can be very short. This is not a text book or a law book. It is a "news report." This site will welcome "only" those visitors who follow the news reports everyday just like the subscribers of daily newspapers. The sole purpose of this site is to serve the immigrant communities.

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12/31/2011: New State Laws That Require E-Verify for Employers Effective 01/01/2012

• The following states passed state legislation to require employers of different sizes to comply with the E-Verify requirement effective tomorrow, January 1, 2012:
  • South Carolina, SB 20
  • Georgia, HB 87
  • Louisiana, HB 646
  • Tennessee, HB 1378
• Employers in those states may read the new statutes to see whether they are required to comply with the E-Verify program.

12/30/2011: Naturalization (N-400) Receipts, Approvals, Denials, and Pending in FY 2010 through 2012 (October 2011) by USCIS Local District/Field Offices

• This data gives a fairly good picture of N-400 volume, approval, and denial trend in each local USCIS field office that interviews and adjudicates the naturalization applications. For the details, please click here.

12/30/2011: DHS Ombusman's 12/29/2011 Recommendations to Improve the Quality in Extraordinary Worker (EB-11) & Other EB Petition Adjudications

• This recommendation to the USCIS contains interesting statistics on USCIS adjudications of the I-140 petitions and recommendations. Read on.

12/29/2011: USCIS Reminder of Ending of TPS Re-registration Period 01/05/2012 for Honduran and Nicaraguan Nationals

• Considering the fact that January 2, 2012 will be a federal holiday, there are only a few days left for the Hondurans and Nicaraguans to re-register TPS.
  • Hondurans: See the federal register notice.
  • Nicaraguans: See the federal register notice.

12/29/2011: State Mandatory E-Verify Requirement Reportedly Takes Effect 01/01/2012 in Georgia

• Report indicates that under the Illegal Immigration Reform and Enforcement of the State of Georgia which was enacted this year, starting January 1, 2012, Georgia businesses with 500 employees or more will be required to check their employees using an online system called E-verify. The requirement takes place in phases according to the report: Starting July 1, 2012, businesses of 100 or more in Georgia must use E-verify, and by January 2013, all businesses with more than 10 employees are required to use the system. Those with 10 or fewer employees are exempt. Verification is enforced by the Georgia Department of Audits and Accounts and the state auditor will take random audits of businesses. Employers are required to test all new employees, including temporary workers, according to the report. Businesses in Georgia, Beware! Another illustration of State enacement and enforcement of federal immigration law. For details, please contact immigration lawyers in the area.

12/28/2011: Senator Brown Asked Sen. Grassley to Include his E-3 Bill as H.R. 3012 Amendment in the Senate, not Schumer Bill, as Part of his Negotiation for H.R.3012 Compromise?

• Hmm....... The development in the Senate surrounding H.R. 3012 amendment by Irish community and dueling of the two Senators involving two different text of E-3 visa for Irish for H.R. 3012 amendment are getting interesting, juicy, snoopy, and thrilling! What an interesting ally to H.R. 3012?! Without doubt, H.R. 3012 has contributed in part to the 'Rising Star' celebrity status of Rep. Chaffetz. Read on.

12/28/2011: ECFMG Announcement for IMGs on New Rules on Repeating USMLE Examinations re: Time between Examination Attempts

• Effective January 1, 2012, for exam applications submitted on or after January 1, 2012, the following rules apply to all Steps and Step Components. You may take the same examination no more than three times within a 12-month period. Your fourth and subsequent attempts must be at least 12 months after your first attempt at that exam and at least six months after your most recent attempt at that exam. Attempts at that examination (complete and incomplete) prior to January 1, 2012 will be counted in determining whether these rules apply. For other details, please read the announcement.

12/28/2011: Irish Media Report Expressing Frustration with Two Partisan E-3 Bills Instead of One Bi-Partisan Bill in the Senate

• As we reported earlier, the Irish community has been working hard for E-3 visa legislation which is similar to the E-3 visas which are allowed for the Australians. Sen. Chuck Schumer, along with other two leading senior Democratic Senators, introduced as bill as part of their version of H.R. 3012 for which the Indians and Chinese have a huge stake. Unfortuantely, the Schumer bill remains a Democrat bill without a Republican co-sponsor. Later, a Republican Senator from Massachusetts, Sen. Brown, introducted Republican bill for EB-3 visa excluding undocumented alien relief provision and H.R. 3012 provisions. From the perspectives of Irish community, the Schumer bill is preferrable because their undocumented Irish people can receive benefits. Unfortunately, the undocumented Irish provision can trigger a hostility among Republican Senators and conservative Democratic Senators in the Senate. Besides, even if it is passed in the Senate, the Republican majority House may not give a full support which they showed in H.R. 3012 because of the undocumented alien relief provision of the Schumer bill. From the Irish perspectives, they currently have a better chance to achieve the E-3 visa legislation both in the Senate and the House, but it will cripple their initial wish and dream. For the reasons, they are agonizing in predicament. Read on.
• From the perspectives of H.R. 3012 sponsors, both Sen. Brown bill and Sen. Schumer bill in a way pose a problem to achieve their dream to achieve the goal of H.R. 3012 by taggingj it to the Irish visa bill. On the other hand, H.R. 3012 still has a problem to make it through in the Senate without the support of Irish community because Sen. Grassley still stands tall to halt the bill. It is quite an unticipated development at this time for the supporters of H.R. 3012. Hmm.....................

12/28/2011: USCIS Reminder For Certain H-2A Sheepherder Temporary Workers and Their Employers

• On January 17, 2009, USCIS announced its limitation-of-stay requirements under a final rule that became effective on January 17, 2009. Under the final rule, all H-2A workers are subject to a three-month departure requiement once they have been in the U.S. in H-2A status for the maximum three-year period. At the time, the USCIS granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry's prior exemption from the three-year limitation and time spent as an H-2A sheepherder before the final rule became effective has not been counted toward the three-year maximum period of stay. Instead, USCIS started the clock on Jan. 17, 2009 for H-2A sheepherders lawfully present in the United States on that date. Thus by January 16, 2012, they would have been in the U.S. in H-2A status for the maximum three-year period and they will be required to remain outside the U.S. for at least three (3) months before being granted H-2A classification again. Important reminder for the sheepherders who were in H-2A status since December 2009!

12/28/2011: OFLC Notices of Delay of Effective Date and Guidance for H-2B Wage Methodology

• As the H-2B community is aware of, the effective date of the new wage methodology final rule has been stalled because of the recent legislation that took away fund to implement the regulation. Accordingly, the OFLC released a report that implementation of new wage methodology regulatuion will be delay until next year, which is in fact a door step away at this time. The OFLC is thus releasing the guidance for H-2B wage methodology implmentation, along with the notice on delay of effective date of the implementation. These notices are scheduled to be published tomorrow, but we are posting here advance copies of the notices. Read on.

12/28/2011: ICE Advisory for Foreign Students - What to do if Your School is no Longer SEVP Certified?

• From time to time, DHS withdraws certification of schools to sponsor foreign students. Here is the helpful information for foreign students enrolled in certain schools to learn what to do if their school's certification is withdrawn and the school is no longer authorized to educate foreign students.
• For their information, here is the latest list of SEVIS approved schools as updated on 12/16/2011.

12/27/2011: USCIS Announces New Editions Form AR-11 and AR-11 SR Dated 12/11/2011

• On December 23, 2011, the USCIS announced the new edition of these important forms for all the aliens for report of change of address. More importantly, the announcement alerts that the new editions are the only AR-11 and AR-11 SR accepted and all other prior dated editions are not accepted. For the new forms, please click here. Beware!

12/27/2011: CRS Summary of H.R. 3012 as Passed by the House

• This summary gives a good picture of this bill, as finally passed in the House and pending in the Senate, in a fashion which lay people can easily read and understand. Again, this bill was passed in the House by absolute majority. It is hoped that this bill be taken up on the Senate floor early in the Second Session of the 112th Congress in one way or another. The Senate will not return to the Congress until after January 23, 2012, though. This legislation will open a new chapter for the employment-based immigration in this country in achieving fairness in employment-based immigrationin system in that it will remove the artifically imposed cap per each country allegedly to achieve diversity in the newly arriving immigrant workers under the current law. For the text of CRS Summary, please click here and click CRS Summary.

12/26/2011: USCIS Delay in Release of Monthly Processing Times Report for Decmeber 2011

• The USCIS had released the updates of monthly processing times around 15th each month, but this month we are witnessing delays in their release of the update. The next release will show the processing time at the cut-off date of the end of October 2011. Please stay tuned.

12/26/2011: Potential Recurring Cycle of Liberal Immigration Reform Bills Ahead Early Next Year

• In American two-party politics, the two parties tend to be extremely polarized during early period of the election year because the candicates must first win in the "primary election" in each party. Accordingly, the Republican candidates focus on ultra concersative Republican constituents, while the Democratic candidates focus on progressive liberal Democratic constituents. The "Independent" forces start playing a critical role for the candidates after the Primary election in each party. Report indicates that the per centage of the independent voters are fairly large and without their support, each party cannot win in the national election. Accordingly, mild conservative Republican candidates start giving attention to the independent constituents after the Primary and conservative Democratic candidates start giving attention to the independent constituents after the Primary. The Republican party primary starts from Iowa on the 3rd of January 2012. Thus as the calendar moves to the early Spring, politcal activities to attract indenpent voters are likely boiling hot from that time and until the election day. One of the hot legislative items on the plate could be Comprehensive Immigration Reform and DREAM Act to attract the Hispanic constituents. Their support will be crucial even for the Republican party in the 2012 national election. Accordingly, piece-meal immigration legislation chances may start diminished because from perspectives of the Comrehensive Immigration Reform supporters, such piece-meal legislations will negatively affect the chances for comprehensive immigration reform legislation. For the reasons, it will be very interesting to see how the piece-meal immigration legislative bills will play out when the Congress people return to the Hill. It is this reporter's opinion that such legislative bills should be taken care of during the first two or three months. Otherwise, the chances may be dramatically diminished. This reporter invites the readers to join this reporter to watch how the drama will be played out during the next two or three months in the Hill.

12/26/2011: Enjoying One Extra Christmas Holiday Today?

• As we reported earlier, this year the Christmas Day was a Sunday and under the rule of the federal Office of Personnel Management, the following Monday should become a holiday for the federal employees. It means that today is a federal holiday and most of the government offices except a few emergency and critical related offices remain closed. Besides, the Congress is not coming back until after the 20th of January 2012. Accordingly, there will be no more "hot" news relating to the government activities for a while. In employment-based immigration areas, one hot item other than per country limit elimination legislative proposal, the EAD for certain H-4 spouses of H-1B foreign workers who are in the green card proceedings, which is found in the USCIS proposed regulation agenda (estimated March 2012), will remain an hot item and we will watch whether this regulatatory agenda will indeed be materialized. This idea is conceived as part of the Obama Administration's strategy to keep "foreign brains" in the United States by giving the incentive for the H-4 spouses to work during the protracted green card process. The idea may evaporate but we will wait and see.

12/23/2011: "Stand-Alone" I-130 Filing Locations Change Effective 01/01/2012

• Today, USCIS announces that the stand-alone I-130 must be mailed to either the Chicago Lockbox or the Phoenix Lockbox effective 01/01/2012, depending on where they reside in the United States. This change will not affect I-130 concurrently filed with I-485 application. The concurrrent filing of I-130/I-485 should be mailed to the Chicago Lockbox, no matter where they reside. For details, please read the announcement.

12/23/2011: DHS Customs and Border Protection Commissioner Failed to Receive Senate Confirmation Timely and Resigns Effective 12/30/2011

• Report indicates that the CBP Commissioner nomination had to be consented by the Senate before the end of the year but the Senate left the Hill without his confirmation.

12/22/2011: Service Centers Processing Volumes at 10/31/2011 for I-129, I-140, and EB I-485

• USCIS has just released National, Service Center, and Local Processing Volumes and Trends as at the end of October 2011. The following statistics of four Service Centers processing of I-129, I-140, and Employment-Based I-485 give glimpse of the Service Centers workloads. I-129 nonimmigrant cases involve California Service Center vs. Vermont Service Center, while I-140 and EB-485 cases involve Nebraska Service Center vs. Texas Service Center. Here we go!
• I-140 Processing Volumes

• EB-485 Processing Volumes

• I-129 Processing Volumes

12/22/2011: ECFMG Interactive Web Applications System Outage Alert for IMGs

• ECFMG has issued alert that due to required maintenance, ECFMG's Interactive Web Applications (IWA) will be unavailable from approximately 4:00 p.m. (EST) on December 31, 2011 through approximately 12:15 a.m. (EST) on January 1, 2012. During this maintenance period, IMGs will be unable to perform any IWA transactions, including working on or submitting an Application for ECFMG Certification or USMLE exam application; accessing a USMLE scheduling permit; or requesting an extension of a USMLE Step 1 or Step 2 CK eligibility period.
  

12/22/2011: The U.S. Issued One Millionth Visa This Year.

• State Department official released an information that this year the visa posts adjudicated the one millionth visa for Chineses. More Chinese visitors will create more jobs and opportunities in the U.S. travel and tourism industries. Accordingly, the United States is encouraging the Chinese government to extend visa reciprocity to allow both U.S. and Chinese travelers longer validity visas, which is in the interests of both nations. Read on.
• Another report also indicates that the growing economic powers of China and Brazil have been showing growing demand for the U.S. visas. The State Department welcomes such growing demand for the reasons that it would help to create jobs and business.

12/22/2011: Office of Foreign Labor Certifications Plan for FY 2012 as Reflected in DOL FY 2012 Budget Proposal:

• The DOL is requesting reduction of $2,788,00 from the FY 2010 level, requesting $65,666,000 for the Office of Foreign Labor Certification (OFLC) in FY 2012. The OFLC is to take the following key actions:
  
  1. Integration of system into overall comprehensive IT “vision” compatible with OMB Exhibit 300 planned outlays and products. The vision is for the OFLC integrated iCERT system to provide a seamless, transparent and integrated business solution across all visa programs, and to support all foreign labor certification programs (it currently only supports H-1B and prevailing wage functions).
  2. Fully documented professional development of IT system for the H-2B and related OFLC IT processing systems. Timely resolution of temporary program applications is critical to overall compliance as well as to the achievement of program performance goals. OFLC is working closely with ETA’s OIST and the the Department’s OCIO to develop business requirements and design documentation for a new H-2B electronic filing and application processing module designed to be added to OFLC’s integrated iCERT visa portal.
  3. Full electronic filing capability for customers and electronic storage of official documentation and correspondence, e.g., audit responses, referrals, etc. on each application for case analyst review and adjudication decision-making. OFLC intends to develop a comprehensive electronic document management system consistent with the large number of applications, case-related documents, correspondence, and other adjudicatory, administrative, and policy documents it receives and generates every year.
• The integration of PERM program to iCERT portal system was initially placed for FY 2011 but this has been put off reportedly for the technical reasons. As we move into the 2nd quarter of FY 2012, we will see how the foregoing iCERT portal system change will be materialized next year, which will open a new chapter for the PERM application filing and management system. It appears that both USCIS and OFLC have been pushing a similar transformation focusing on "account" concept and using online filing system. Online filing system helps the agencies to achieve efficiency and effectivenss in management of their programs and online account system for each employer and each employeee will allow the agencies to detect frauds and irregular patterns of filings across the nonimmigrant and immigrant applications and each nonimmigrant and immigrant application by housing all the information of all typies of proceedings relating to the same employer and same employee in once accessible online database with all the past historical record. Along with such change, the OFLC was scheduled to amend and implement the ETA 9089 online filing form to collect additional information for the purpose of their integrity work. It is uncertain whether the OFLC will also implement the change of the form within FY 2012. Please stay tuned to this website for the development of OFLC program.

12/20/2011: OFLC Alerts No UPS Delivery/Pickup for Chicago National Processing Center on 12/23/2011 Friday

• The Office of Foreign Labor Certification has released today the following alerts: 'United Parcel Service (UPS) announced that they will not be providing delivery or pick-up services on Friday, December 23, 2011. The public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for December 23 and 26, 2011 will be met by December 22, 2011.' Please see the Foreign Labor Certification Office announcement.
• As a side note, we remind the readers of our previous alert that this year 12/26/2011, Monday, and 01/02/2012, Monday, are "Federal Holidays."

12/20/2011: Congress Passed FY 2012 USCIS Budget Reflects Increase of Fee Funds of About $550 Million Over FY 2011

• The USCIS budget for FY 2012 which the Congress has passed reflects two interesting points. The Congress has granted more than $300 million fee funds which the USCIS requested. The overall increase in fee funds for the USCIS in FY 2012 budget is approximately $550 million over FY 2011. Some of the increase might have considered increase in benefits applications, but one may assume that it may also reflect anticipated fee increase for the benefit applications during FY 2012. For the details, stay tuned for the agency's release of the FY 2012 budget.

12/19/2011: OFLC Releases Updated List of Debarred Employers, Attorneys, and/or Agents for PERM Program

12/19/2011: Computer World Reports Today Rep. Lamar Smith to Support STEM Master Degree Green Card Bill in the House

• Rep. Tim Griffin of Arkansas is reportedly pushing hard to introduce STEM green card bill which is similar to Rep. Zoe Lofgren's bill, under the pressures from the U.S. Chamber of Commerce, IEEE-USA, the National Association of Manufacturers, the Semiconductor Industry Association and others. These groups have written a letter to Rep. Lamar Smith urging him to take action on the upcoming bill. Report indicates that Rep. Smith backs this move. Unlike H.R. 3012 that does not increase high-tech green card annual quota, this bill would seek increase of employment-based immigrant quota adding STEM high tech foreign brains including not only STEM Ph.D. degree holders but also STEM Master degree holders in the United States. As we reported earlier, this bill will be named "BRAIN" bill. When the Congress returns next year, the Congress will face these two bills under the high tech industry pressures and it is not clear at this point how these two bills will be accomodated by the labor union backed Democratic Senate. Please stay tuned.

12/18/2011: H.R. 3012 Placed on Senate Legislative Calendar

• Yesterday, in the Senate, H.R.3012, Fairness for High-Skilled Immigrants Act of 2011, was read the first time on the floor and placed on Senate Legislative Calendar under Read the First Time. It will be interesting to watch how and when this bill will sail through. A bill must be read second time and if motion to proceed and motion to cloture are presented, we will learn whether there will be filibuster by Sen. Grassley. [Note: This bill was placed on the legislative calendar under the Senate Rule 14. The relevant provision in the Rule 14 stipulates in part that "Every bill...of the House of Represenatatives which shall have received a first and second reading without being referred to a committee, shall, if objection be made to further proceeding thereon, be placed on the Calendar...." Accordingly, it appeares that the Rule 14 required in the H.R. 3012 case to be placed on the Calendar because an objection was made on the floor for the second reading.]
• As a side note, there was a small political development in the State of Utah. Its Senior Senator Orrin Hatch will have to rerun for his seat and there was educated rumor that the rising star House Representative Chaffetz, the sponsor of H.R. 3012, would challenge his Senate seat in the election, but yesterday there was report that Rep. Chaffetz had decided that he would not challenge Sen. Hatch's seat in the coming election and this news was taken as a huge relief for Senator Hatch's political career. One may speculate what might have gone on behind the scene between Sen. Hatch and Rep. Chaffetz relating to the H.R. 3012 which had been on hold in the Senate. Sen. Hatch is one of the longest Senior Senators in the U.S. Senate, and should he lend his hands on this bill, it would help tremendously to crack the barrier. Please stay tuned to this website for the interesting development of this legislation. This reporter is very interested in the move of Sen. Grassley and the sponsors of S. 1983 (numerical limit elimination & Irish visa bill), Sen. Chuck Schumer, Sen. Dick Durbin, and Sen. Patrick Leahy - all heavy weights in the Senate. Very exciting!
• As for the timing, the Senate has reaached unanimous-consent agreement yesterday that when the Senate completes its business on 12/17/2011, it adjourn and convene for pro forma sessions only with no business conducted on the following dates and times and that following each pro forma session, the Senate adjourn until the following pro forma session: Tuesday, December 20, 2011 at 11 a.m., Friday, December 23, 2011 at 9:30 a.m., Tuesday, December 27, 2011 at 12 p.m., Friday, December 30, 2011 at 11 a.m.; and that the 2nd session of the 112th Congress convene on Tuesday, January 3, 2012 at 12 p.m., for a pro forma session only with no business conducted D1384and that following the pro forma session, the Senate adjourn and convene for pro forma sessions only with no business conducted on the following dates and times and that following each pro forma session, the Senate adjourn until the following pro forma session: Friday, January 6, 2012 at 11 a.m., Tuesday, January 10, 2012 at 11 a.m., Friday, January 13, 2012 at 12 p.m., Tuesday, January 17, 2012 at 10:15 a.m., Friday, January 20, 2012 at 2 p.m.; and that the Senate adjourn on Friday, January 20, 2012 until 2 p.m. on Monday, January 23, 2012. The House is also adjourned for a constituent work period. During this period, members of the House return to their districts to meet with constituents. House will also have in pro forma session, but no legislative actions will take place until next year.
• It thus appears the readers may be able to hold their long breathe for a while to hear exiciting news, if any. Believe me, there will be a lot of things going on during the recess!! In this regards, H.R. 3012 is not quite dead yet.
• HAPPY HOLIDAYS TO YOU, DISTINGUISHED LADIES AND GENTLEMEN, MEMBERS OF THE HOUSE AND THE SENATE!!!

12/17/2011: The First Session of 112th Congress Close to Pulling Curtain Down

• This year marks the 1st Session of the 112th Congress. The second ssession will open next year, an election year. Both Houses have been busy to wrap up the pressing bills. One of the most pressing bills were Omnibus Appropriations bill for FY 2012. Yesterday, they passed this bill. For H.R. 3012, there were practically only two potential options to get through the Congress within year. One was to reach an agreement between the Republican Party and the Democratic Party and pass the bill in the form of unanimous consent without vote. The other practical option was to attach the bill to one of the most pressing bills before the session ends. It was Omnibus Appropriations bill. Apparently, the pro and con forces in the Congress failed to reach a workable compromise and none of the above two has taken place.
• It is so sad that many admirable immigration bills have been introduced to induce and retain foreign brains in one form or another but Congress has failed to pass any of them because of grid lock in the Congress. As this reporter brought up earlier, there are many pending bills that incorporate STEM at Master or Ph.D. level immigration as well as bills to eliminate EB numberical limits or recapture wasted EB visa numbers. None of them has been materialized. It is depressing.

12/16/2011: H.R. 3012 Nego Set-Back in the Senate

• There was an important development for this bill in the Senate yesterday. According to AILA, Senator Grassley offered an amendment that (1) eliminated the provisions for the family per country limit increase, (2) proposed to reduce the employment based per country limit to 15%, (3) proposed to eliminate diversiity visa program, and (4) proposed provisions to increase enforcement and U.S. worker protections to the H-1B and L-1 visa programs (requiring recruitment attestations and no displacement attestations which are currently in place only for H-1B dependant employers under the H-1B rules plus other additional restrictions and investigation tools added to the current H-1B and L-1 visa program, which are in no way acceptable even to the employers and businesses). Besides, even if they are acceptable, they will not take effect until October 1, 2012. As the readers can see from the foregoing proposals, such proposals are something which the Democrat Senators cannnot accept and reportly his amendment was objected. AILA thus reports that his hold on the H.R. 3012 remains in tact. Reportedly, survivality of H.R. 3012 itself is considered dubious.
• Sen. Grassley's proposed amendment was not acceptable not only from the Democrat stand points but also from the Republican standpoints. Accordingly, even if it makes through, hypothetically, the Senate, there is no chance that such amended bill will be able to make through the House. Sen. Grassley was throwing a chip of increasing EB per country limit upto 15% (without eliminating EB per country limit and without incresing FB per country limit to 15% ) to achieve his goal of practical choking of the throat of H-1B and L-1 nonimmigrant professional worker programs to the death, which will result in devastation for high tech businesses, higher learning institutions, and other industries that need foreign brains, not to mention elimination of 50,000 immigrant visa numbers each year by elimination of diversity visa program.

12/16/2011: Sen. Scott Brown of Massachusetts Introduced E-3 Visa Program for Irish

• One day after Sen. Chuck Schumer introduced Irish E-3 program as part of numerical limitation removal legislation, Sen. Scott Brown introduced E-3 visa program, S.2005 for up to 10,500 E-3 visas per year to Irish nationals as an independent and separate bill in the Senate. Probably Irish community is trying both tactics in case of the failure of Sen. Chuck Schumer's bill. Hmm...................
• The text of the bill has yet to be released but information indicates that there is some differences in these two bills. Brown bill does not include elimination of numerical limitation and exclude illegal Irish from eligibility for the proposed E-3 nonimmigrant employment-based visa. Schumer bill includes elimination of numerical limitation for employment-based immigration and includes illegal Irish for eligibility for the proposed E-3 nonimmigant employment-based visa.

12/15/2011: USCIS L-1 Petition RFE Template

• The USCIS has released this template for comment. This is the Template which immigration adjudicators are supposed to use to adjudicate L-1B petition and to issue RFE. Those who have comment may send in their comments. Others who deal with multinational corporations that need transfer of foreign workers from their affilicate or branch or subsidiary overseas or in the U.S. should review this template thoroughly to prepare and present the L-1B petition to avoid RFEs. Lately, small companies have been facing challenges and denials.

12/15/2011: Puzzle of STEM Green Card Legislative Proposals in the House and the Senate

• There are too many bills to count both in the Senate and the House that propose grant of permanent resident status to foreigners with STEM degrees in the United States, but nothing has been materialized. But report indicates that the House Republicans are about to introduce another STEM bill named "BRAIN Act" that will give permanent resident status to STEM Master degree or higher degree holders in the United States. One wonders how credible all of these legislative bills are. Readers, you be the judge of it!

12/14/2011: Irish Community - A Big Comrade to H.R. 3012

• This site reported, immediately after the passage of H.R. 3012 in the House, Irish move to amend H.R. 3012 because they saw it a fantastic opportunity to get their immigration agenda through the Congress. Why? Because it was unprecedent that a bill had passed in the House 389 to 15 majority yeas. This site thus reported the Irish move will turn out to be an asset for the H.R. 3012 sponsors to tackle the opposition in the Senate. At the end of the day, H.R. 3012 may not survive itself but the substance and goals of H.R. 3012 had a chance to survive in different forms as seen in Sen. Chuck Schumer's S. 1983. Senator Schumer, a big veteran legislator, skillfully handled the matter by bypassing H.R. 3012 or its companion bill, S. 1857 and introducing it as a separate bill, S. 1983. Look who is cosponsoring S. 1983, Senator Dick Durbin!! The pal of Senator Chuck Grassley of Iowa in piecemeal employment-based immigration opposition! Click here to see how hard the Irish community is lobbying for the bill. What an astonishing and unanticipated big ally for the H.R. 3012!

12/14/2011: Three Most Powerful Democrats Introduced in Senate Compromised Employment-Based/Family-Based Immigration Bill

• Sen Chuck Schumer of New York, co-sponsored Sen. Dick Durbin of Illinois and Sen. Leahy of Vermont, introduced yesterday S.1983 to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and for other reform. Obviously other reform includes relief of Irish which we discussed during last few days. It thus appears that this bill could be a bill to compromise H.R. 3012 and Irish relief. Read on. It thus appears that rather than introducing Irish relief bill, he added Irish E-3 visa and illegal Irish relief provision to H.R. 3012 which the House passes. Full text has yet to be made available. Stay tuned.

12/14/2011: Indiana Senator Introduced Yesterday STEM Bill

• As reported yesterday, Sen. Michael Bennet of Indiana introduced in the Senate S.1986 to promote innovation, investment, and research in the United States. For the outline of this bill, please refer to our earlier report.

12/12/2011: Alert for PERM Filers for Filing Timeframe and Validity of Prevailing Wage Determination

• On 12/01/2011, the BALCA, foreign labor certification appeal board, handed down a narrower definition of the foregoing issues in the Matter of Karl Storz Endoscopy-America which deadly affects the certain employers who initiate the recruitment process before the prevailing wage is obtained and fails to complete the required recruitment and application before expiration of the prevailing wage determination. For the details, please read the decision carefully if any employers intend to initiate recruitment activities before the prevailing wage is determined by the OFLC.

12/12/2011: OFLC Releases H-2A "Guide" for Agricultural Employers

• OFLC is stepping up its efforts and campaign apparently to promote the current H-2A program in the environment where several Congressmen in the House, including Rep. Lamar Smith of Texas, either to take away H-2A program from the jurisdiction of USDOL or drastically revamp current H-2A program. Last week, it released "FAQ" updates on H-2A program and today, it released "Guide" for agricultural employers that summarizes and explains key regulatory requirements for a U.S. employer to participate in the H-2A Program, including what documents to file, important timeframes and deadlines, helpful filing tips, and how to contact the OFLC Chicago National Processing Center for further assistance. In order to obtain the Guide, employers should click the link here.

12/12/2011: Two Immigration Bills Scheduled to be Introduced in the Senate Tomorrow

• We reported day before yesterday that Democratic leaders in the Senate will introduce E-3 Nonimmigrant Visa for Irish legal and undocumented aliens to work in the U.S. Another report indicates that Sen. Michael Bennett of Colorado (D) will also introduce a green card category for STEM graduates from the U.S. higher learning institutions in legal or illegal status. Details have to be disclosed tomorrow, but unlike other pending STEM bills (there are several including Rep. Zoe Lofgren, Rep. Issa, Rep. Jeff Flake, etc, etc), reportedly this bill proposes to open doors for undocumented people (DREAM group?). Let's see what it will look like tomorrow!
• It is unclear at this point how introduction of these bills will affect the halted H.R. 3012 in the Senate. Please stay tuned to this website for the development.

12/12/2011: U.S. Supreme Court to Rule on the Racial Profiling State Immigration Law of Arizona

• The sponsor of the State Senate was kicked out of the recall election recently. Now, this law will face its final fate before the U.S. Supreme Court. Report indicates that the U.S. Supreme Court will rule on this law. The Supreme Court decision will also indirectly affect the Alabama state immigration law that modelled after the Arizona racial profiling law. Read on.
• A latest report indicates that Justice Elena Kagan would recuse herself from the challenge to Arizona's controversial immigration law, presumably because she served as President Obama's solicitor general when the federal government filed the original lawsuit against the state. Her recusal opens up the possibility for a rare 4-4 split on the court. Since a federal court of appears blocked provisions of the state law, reportedly the tie would uphold that ruling and function as a win for the Obama administration, but the U.S. Supreme Court would not be able to settle the larger issue of whether the Arizona statute is constitutional in the event of a tie.

12/12/2011: Congressional Research Service Report on Interior Immigration Enforcement: Programs Targeting Criminal Aliens

• This report reviews immigration enforcement history and current policy and enforcement data. Read on.

12/10/2011: Irish E-3 Nonimmigrant Visa Bill Scheduled to be Introduced in the Senate Tuesday, 12/13/2011

• We reported earlier that Irish community had been lobbying to introduce this bill as an amendment to H.R. 3012. However sources of information indicate that two powerful Democrat Senators of Chuck Schumer, Chairman of Senate Judiciary Immigration Subcommittee and Dick Durbin, Senate Manority Whip, are scheduled to co-sponsor and introduce this bill in the Senate on Tuesday. Considering the fact that H.R. 3012 bill is on hold, it is likely that the bill may be introduced as a separate bill. This may be considered an interesting turn of event. For the development of this news, please stay tuned to this website.

12/09/2011: Canadian Immigration Minister Announced Ongoing Action to Revoke a Number of Naturalized Citizenship and Permanent Resident Status

• Until now, Canada has been taken as a border country that was generous and offered welcome hands to new immigrants, particularly foreign workers. However, a report indicates that its Immigration Minister Kenney said the Immigration department was looking at revoking the citizenship of more than 2,100 people who had gained it illegally, and was also looking at another 4,400 people with permanent resident status who were implicated in gaining that status fraudulently. Not knowing the background of such action, we are unable to give any more information, but those who gained naturalizations and permanent resident status in recent years may want to explore further background of this news. There are a large number of immigrants in the United States who have gained a permanent resident status or citizenship in the United States either before or after they had gained permanent resident status or citizenship in Canada.

12/09/2011: FB and EB Immigrant Visa Waiting List Registered at the National Visa Center as of November 1, 2011

• These statistics include the consular processing cases and not I-485 cases within the U.S. Considering the fact that over 80% of EB cases are applied and processed by the USCIS in the United States, these statistics are more meaningful to the consular processing family-based immigration cases.

12/09/2011: Official January 2012 Visa Bulletin

• Mumbai Embassy unofficial report was correct.
• PREDICTION: CHINA & INDIA EB-2 VISA AVAILABILITY IN THE COMING MONTHS

The China and India Employment Second preference cut-off date has been advanced at a rapid rate in recent months. As previously noted, this action was intended to generate significant levels of new filings for adjustment of status at U.S. Citizenship and Immigration Services (USCIS) offices. USCIS has reported that the rate of new filings is currently far below that which they had anticipated, prompting an even more aggressive movement of the cut-off date for January and possibly beyond. While this action greatly increases the potential for an eventual retrogression of the cut-off at some point during the year, it also provides the best opportunity to utilize all numbers available under the annual limit.

• Come January 2012, EB-2 Indian professionals will be able to file I-485 if their priority date is December 31, 2008 or earlier. Remember the definition of cut-off date? Dates prior to the cut-off date in the Visa Bulletin make EB-2 waiters eligible for I-485 filing. Those who have filed and are waiting for the visa number available will also see that their I-485 will be approved beginning January 2012 inasmuch as their priority date is December 31, 2008 or earlier. There is one catch to the visa number availability. If one is in H-1B and about to reach H-1B six-year limit, he/she is not eligible for three-year increment H-1B extension under AC 21 Section 104(c). However, if they filed labor certification or I-140 petition 365 days prior to reaching H-1B six year limit, they will be able to apply for H-1B extension in one-year increment under another provision of the AC 21 Act. This is called 7th-year extension provision. Therefore, the first group will be forced to work on EAD or use 7th year extension option when they become eligible under the latter provision of AC 21 Act.

12/09/2011: USCIS Job Opportunity - "Business Expert - Enterpreneurs in Residence"

• USCIS has posted a job announcement and begun accepting applications from business experts to serve on the USCIS Entrepreneurs in Residence tactical team. The purpose of the tactical team is to bring business experts in-house to work alongside USCIS staff to ensure that current immigration laws' potential to attract foreign entrepreneurial talent is fully realized. The tactical team will help USCIS develop policy guidance and training tools that support our decision-makers. USCIS will be hiring business experts via the Department of Homeland Security Loaned Executive Program. The application period began yesterday and ends on December 31, 2011. The Entrepreneurs in Residence initiative provides USCIS a unique opportunity to gain knowledge on how specific industries operate and to use that knowledge to inform USCIS's policies and practices.
• Without doubt, there must be plenty of people who are qualified for the position. Involvement in EB-5 Program would certainly be rewarding experience as the nation and for that matter USCIS has been putting a lot of energy as one of the primary program to help the country's economy.

12/09/2011: Senate Out of Session Until Monday - No Progress for H.R. 3012 in the Senate

12/09/2011 03:00 A.M. CST: Unofficial January 2012 Visa Bulletin

• Employment-Based:
  • India:
    • EB-1: Current
    • EB-2: 01/01/2009
    • EB-3: 08/08/2002
    • EB-3EW: 08/01/2002
    • EB-4: Current
    • EB-4 Religious: Current
  • ROW (World-Wide Category):
    • EB-1: Current
    • EB-2: Current
    • EB-3: 02/01/2006
    • EB-3EW: 02/01/2006
    • EB-4: Current
    • EB-4: Current
• Family-Based:
  • India:
    • FB-1: 10/15/2004
    • FB-2A: 04/22/2009
    • FB-2B: 09/08/2003
    • FB-3: 11/01/2001
    • FB-4: 08/15/2000
  • ROW (World-Wide Category):
    • FB-1: 10/15/2004
    • FB-2A: 04/22/2009
    • FB-2B: 09/08/2003
    • FB-3: 11/01/2001
    • FB-4: 08/15/2000

[Source: American Embassy in Mumbai, India]

12/09/2011: Racial Profiling Elimination Bill, H.R. 3618 Introduced in the House Yesterday

• Rep. John Conyers, Jr. of Michican introduced H.R.3618 to eliminate racial profiling by law enforcement. This bill is co-sponsored by 37 other Congress men and women. Hooray! Alabama and Arizona, hear, hear this voice! Alabama is currently facing a serious economic, political, and social problems after they passed and implemented a racial profiling state immigration laws

12/08/2011: FAIR (Federation for American Immigration Reform) Launches TV Advertisement War Against "Legal" Foreign Worker Immigration

• The central political arm of anti-immigration forces, FAIR, has opened a TV advertisement war on prime time against "legal" foreign worker immigration. Wow, what a surprise! They are really getting aggressive. Senator Grassley's recent action is apparently inciting anti-immigration forces into an organized war against entire legal employment immigration. Feeling oozy. Unexpected development. Where are mainstream immigration advocates?

12/08/2011: Senator Dick Durbin of Illinois Speaks on DREAM on Senate Floor Today - An Overture?

"The DREAM Act would give these students a chance to become legal in America. They came to the United States as children. They have to be long-term residents of our country. They have good moral character, graduate from high school, and complete two years of college or military service in good standing. Those are the basic standards which we apply and I think if we enacted the DREAM Act, as I've required to for many years, it would make America a stronger country, giving these talented young immigrants a chance to serve in our military and make us a stronger nation. Tens of thousands of highly qualified, well-educated young people would enlist in the armed forces if the DREAM Act becomes law Remember, these students we're talking about were brought to America as children and as infants. They grew up here believing they were Americans. They went to class every day, pledged allegiance to the only flag they knew and sang the only "national anthem" they'd ever heard. They are American in their hearts and they shouldn't be punished because their parents made a decision to bring them here What the Obama administration has done in establishing this new process for prioritizing deportations is perfectly appropriate and legal. Throughout our history, our government has had to decide who to prosecute and who not to prosecute. Based on law enforcement priorities and available resources. I strongly support the administration's new deportation policy, but more needs to be done to implement this policy and it needs to be done quickly." (Source: Republican.Senate.Gov)

12/08/2011: PERM Processing Times Update as of 12/06/2011

• Analyst Reviews (Clean Cut) Track: August 2011
• Audit Track: April 2011
• Reconsideration Requests Track: February 2010
• Government Error Reconsideration Track: Current

12/08/2011: H.R. 3012 in the Senate - Fading Hope for Passage Before End of Year as Senate Scramble with Last Minute Pressing Legislative Bills

• Senate has been struggling with some nomination bills and it will be obsessed with the Payroll Tax Cut legislation today. There are other pressing legislations in the Senate agenda that need the full attention this year. Additionally, there is unconfirmed report that as part of the November 2012 Presidential Election Democrat strategy, Sen. Durbin may push again DREAM bill when the Congress returns next year. There is still a gleam of hope for the H.R. 3012, which may be considered difficult, if, should the last minute negotiation be worked out quickly producing the bi-partisan support in the Senate, the bill can be passed on unanimous consent. Clock keeps ticking. When the Congress comes to end of a year, a number of bills are passed without votes on unaimous consent at the last minute.

12/08/2011: GAO Recommendation of DHS Action for Security Risks Involved in Visa Waiver Program and Overstays of VWP Travelers

• Again, the House Judiciary Committee had a hearing on this issue yesterday. GAO report which was released yesterday is timed to raise and alert the importance of this issue. For the full report, please click here.

12/08/2011: Senate Judiciary Full Committee Completes Hearing of EB-5 Regional Center Permanent Program

• As we reported it, yesterday the Senate Judiciary Full Committee had a hearing on this legislative proposal, S. 642 "Creating American Jobs Through Foreign Capital Investment Act" which was introduced by the Chairman on March 17, 2011 amidst the Senate scrambling with tons of bills which they want to take care of before going into the nation's biggest holiday recess.

12/07/2011: Senate Full Judiciary Committee Hearing "Video" on Reauthorizing EB-5 (Regional Center) Program at 10:00 a.m. (est) Today

• The following witnesses are testifying:
  • Chairman Patrick Leahy
  • Immigration Subcommittee Chairman Chuck Schumer
  • Bill Stenger, President & CEO, Jay Peak Resort, Jay, VT
  • David North, Fellow, Center for Immigration Studies, Washington, DC
  • Robert C. Divine (former USCIS Director), Current Shareholder, Baker, Donelson, Bearman Caldwell & Berkowitz, P.C., Chattanooga, TN
• Printed text of the testimonies, see above.

12/07/2011: Witnesses to Testify Today Before House Immigration Subcommittee for Hearing on "Visa Waiver Program Oversight: Risks and Benefits of the Program"

• The following witnesses will testify at 01:00 pm (est), today:
  • Rep. Mike Quigley (IL)
  • Davis Heyman, Assistant Secretary for Policy, DHS
  • Richard M. Stana, Director of Homeland Security and Justice Issues
  • James Jay Carafano, Director, Douglas and Sarah Allison Center for Foreign Policy Studies
    Deputy Director, The Kathryn and Shelby Cullom Davis Institute for International Studies
    The Heritage Foundation
  • Jessica Vaughan, Director of Policy Studies, Center for Immigration Studies
• For the text of their testimonies, please return to this posting later.

12/07/2011: DOL Releases 4th Round of H-2A FAQ (Frequently Asked Questions)

12/06/2011: Immigration Benefits and Naturalization Benefits Statistics as of End of October 2011

• Immigration benefits statistics
• Naturalization benefits statistics
• Statistics by total new receipts, pending, waiting for action, etc for immigration and naturalization benefits applications.

12/06/2011: Legislative Day Ended in Senate With No One Even Mentioning H.R. 3012 on the Senate Floor

• In the morning, Senate Majority Leader, Sen. Harry Reid laid out today's schedule for the Senate floor without mentioning H.R. 3012. At the end of the legislative day today, the record will reflect that again no one mentioned about the bill. Thus a day has gone by without any light at the end of turnnel for this legislation. Maybe it does not mean that this bill is dead. It probably means that there is an intense negotiation and lobbying by the parties involved. Until something is worked out and a motion is introduced either to proceed with the bill or motion to cloture to break Sen. Grassley's filibuster in excess of 60 yea votes, the days will go by on the Senate floor without fruits towards the Christmas/New Year celebrations.

12/06/2011: One Simple Option by Foreign Investors to Resolve Ailing Urban Problem and Country's Economy and High Unemployment

• The GAO (Government Accoutability Office) has just released an interesting report entitled "Vacant Properties: Growing Number Increases Communities' Costs and Challenges." The Congress and Administration have been promoting investment immigration program for wealthy foreigners making equity investment in resorts or other development areas. Such program will certainly help in economy under the ailing economic plight. The impact of such program may be limited to economy, though. What happens if the political leaders come down to small foreign investors developing the vacant properties in urban areas. Throwing of one stone can catch not only two rabbits but more than two rabbits contributing to resolution of the problems and sources of ailing urban crimes, urban core blight, employment as well as economy. Senator Chuck Schumer is looking at an option of giving a temporary visa to come and go and live fairly freely for super rich foreign millionnaires, and for that matter, billionnaires if they buy homestead property plus second or more real estates. Again, no one can argue that it will not contribute to the nation's economy. But what about small foreign guys or gals who have small money with good ideas to renovate vacant decaying property into residential or commercial or industrial properties one or a few at a time? Thousands or tens of thousands of such small foreign investors can contribute to not one but multiple problems this nation desperately needs. These small investors should be given both nonimmigrant or immigrant benefits as rewards for their contribution to this nation's multiple ails with just one stone casted. Just a thought! Something to relook at the direction and focus of nation's immigration policy. Please read the GAO report.

12/06/2011: Prsssures from Various Interest Groups Mushroom to Amend H.R. 3012 in the Senate

• Sen. Grassley's action represents interest of one segment of interest groups in the country - Either to kill or strengthen restriction to the employment-based immigration for the alleged interest of American workers. There are also other interest groups that want to see this bill fail in the Senate because of alleged negative impact of this bill on those countries. Diverse interests which play out in the political process involving H.R. 3012 do not end there. There is a third group that wants to add their countries to give advantage to their countrries in employment-based visas. Report indicates that the Irish group has just begun a campaign adding pressures on the Senators from Massachusetts to amend H.R. 3012 adding "Irish E-3 Amendment" to provide 10,500 annual visas (plus dependents) for Irish men and women to come legally to work in the U.S. Their proposed amendment would require a job here, and undocumented workers currently here could apply for waivers to use the new visa. The applicable skill level would be the same as the Diversity Lottery. Their Senator John Kerry (D) is a senior and powerful legislator in the Senate. From the perspectives of the initial H.R. 3012 sponsor, such forces can be allies in that it could help the bill pass in the Senate, albeit with amendments. Read on.

12/05/2011: What Concessions Sen. Grassley Must be Seeking in H.R. 3012 Negotiation?

• Should Sen. Grassley back off from "hold" imposed on H.R. 3012 in the Senate, Computerworld speculates that from what he stated on the Senate floor for the reasons for the hold, he must be seeking broader concessions in the use of all employer-sponsored visas. The report relies on the language 'worker protection' which he used and apparently implies that some types of broad restrictions to over all employment-based visa programs could be a bargaining chip. However, it appears that this report is a speculation and no one knows exactly what is being negotiated behind the spot lights between the Senator and the bill sponsors and supporters. Sooner or later it will come to the light, though. Please stay tuned to this web site.

12/04/2011: Increased Audits or Supervised Recruitment Decisions for PERM Applications

• This reporter reported earlier that this was what the Chief of Foreign Labor Certification had warned in the latest stakeholder meeting. Indeed, the OFLC is sticking to its alert. The numbers of audit notifications and supervised recruitment decisions have been steadily growing. As they disclosed in the meeting, there were certain factors that triggered such decisions, including low-wage/low-level position in professional occupations, unskilled or less skilled occupations (most typically ethinic cooks), jobs in the statistically higher unemployment areas regardless of occupations. Obviously, these are red flags which they take as evidence that there should be plenty of either unemployed or employed U.S. workers available for the jobs. It does not take a rocket scientist to figure out what it means - delays, delays, delays, and denials, denial, denials, denials! Beware.

12/04/2011: USCIS Resumes Serving "Original" Receipt or Approval Notices of Petitions/Applications on Repesentatives in Represented Cases

• Thank god!!! For the past few months, the USCIS' change of practice serving the "original" notices on the consumers in legally represented cases rather than lawyers created an incredible nightmare, confusions, and dysfunctions. There are too many problems to list here which the consumers as well as the legal representatives have experienced during the period. We take this opportunity to extend our appreciation to the USCIS leaders, particularly the USCIS Director, the Honorable Alejandro Mayorkas, for their taking swift action to correct the problem. Personally, this reporter himself had gone through incredible pains in law practice, not to mention clients, because of the misguided previous change. Thank you, USCIS leaders!!

12/04/2011: The Roll-Out of First Transformation System - I-539- May Not Be In Place in December 2011

• On 12/02/2011, the USCIS Director released a news that the USCIS is in the post-development testing phase of a new system, but the post-development testing phase now underway is time consuming and challenging, as is characteristic of projects of this scale, complexity, and ambition. While the USCIS sought to roll-out the first release this month, its testing is not complete. The USCIS will thus inform consumers of its recalibrated timeframe for its first release after more testing is completed in the next few weeks. Accordingly, the scheduled online filing system for I-539 is not in place for now and will not start until after a few weeks. It sounds not in December 2011.

12/04/2011: Soon-to-be-Released January 2012 Visa Bulletin and Potential Impact on Pending H.R. 3012 in the Senate

• Senator Grassley is opposing the H.R. 3012 based on his concern for its impact on future immigration flows. No matter whatever it means, potentially release of January 2012 and cut-off date movement for China and India may have some impact on this bill. There are all kinds of rumors going around on the January 2012 Visa Bulletin but we will have to wait and see. January visa allocation signifies its allocation of visas for the first month of second quarter of State Department visa allocation rules. State Department is required to first allocate the numbers quarterly for a fiscal year. Assumedly, most of the July 2007 Visa Bulletin open filing cases have been taken care of by December 2011 Visa Bulletin, it should be an interesting Visa Bulletin for EB-2 Indians and Chinese to watch. Please stay tuned to this website for the January 2012 Visa Bulletin.

12/03/2011: Definition of "Hold" H.R. 3012 by Senator Chuck Grassley

• The Senate glossary reflects that hold means "an informal practice by which a Senator informs his or her floor leader that he or she does not wish a particular bill or other measure to reach the floor for consideration. The Majority Leader need not follow the Senator's wishes, but is on notice that the opposing Senator may filibuster any motion to proceed to consider the measure." It thus appears the action involves not his decision as the Ranking Member of Judiciary Committee but as a member of the Senate on the Senate floor. According to this definition, unless Senator Harry Reid, Senate Majority Leader ignores Sen. Grassley's wish or Senator Grassley himself withdraw his wish, the bill cannot even reach the Judiciary Committee. Additionally, should the Majority Leader ignores his wish and entertain a motion to proceed, it is likely to result in "filibuster" by the Senator Grassley, and unless the filibuster can be broken by 60 or more votes out of total 100 Senators, the bill will be destined to fail. Without doubt, Senators' phone, fax, email, text messaging or other contracts by pro and con forces must be burning now.
• Here is the precise language he used on the floor in the Congress Record:
  • HOLD ON H.R. 3012 -- (Senate - November 30, 2011)
    --- Mr. GRASSLEY. "Mr. President, I rise to inform my colleagues that I am placing a hold on H.R. 3012, the Fairness for High-Skilled Immigrants Act. This bill would eliminate the per-country numerical limitations for employment-based visas and increase the numerical cap for family-based immigrants. I have concerns about the impact of this bill on future immigration flows, and am concerned that it does nothing to better protect Americans at home who seek high-skilled jobs during this time of record high unemployment."
• Please stay tuned to this website for development of the bill in the Senate.

12/01/2011: All H-1B Cap Petitions Received on 11/22/2011 Counted Within Cap

• AILA has reported that the USCIS HQ had confirmed that the last minute H-1B cap cases which were received on 11/22/2011 had been accepted by the USCIS within the cap for this fiscal year, FY-2012, and there will be no computer random selection process for these cases. It should give a peace of mind for those employers whose cases were delivered to the Service Centers on the final receipt date of 11/22/2011.

12/01/2011: H.R. 3012 in the Senate: Guess What - Halted For A While!

• Report indicates that Senator Charles Grassley of Iowa, Ranking Member (leader of Republican members) of Senate Judiciary Committee and host of the upcoming caucuses, promptly placed a hold on the bill! Reportedly he gave the following reasons for the halt: "I have concerns about the impact of this bill on future immigration flows and am concerned that it does nothing to better protect Americans at home who seek high-skilled jobs during this time of record high unemployment." Report also indicates that the bill sponsor Rep. Chaffetz intends to visit Sen. Grassley to persuade him.
• Traditionally, employment-based piecemeal immigration reform has faced two hawks in the Senate. One is labor union-backer legislators and the other is anti-immigration legislators. The labor unions in this country have welcome guest workers in the farm and related industry because they help the union to expand its political power since such workers are unionized work forces but opposed the high tech professional workers that are not unionized work forces. Senator Dick Durbin, the Senate majority whip, and Senator Chuck Grassley have gained a reputation as the American Worker Protectionists. They have initated a numerous legislative bills to restrict H-1B and L-1B programs and oppose piece-meal employment based immigration reform. However, when it comes to legalization of undocumented aliens, Sen. Dick Durbin is at forefront to support Comprehensive Immigration Reform, particularly so-called DREAM Act for undocumented youngster, while Sen. Chuck Grassley opposes legalization of undocumented aliens and Comprehensive Immigration Reform. It will be interesting how Rep. Chaffetz of Utah and Sen. Mike Lee of Utah will be able to negotiate with Sen. Grassley to remove the first road block to the Senate consent to the bill, i.e. scheduling of the bill in the Judiciary Committee. Ranking member in a committee in the Congress is similar to a "co-chair" of the committee representing the minority (party) members of the committee in the House or the Senate. Since the Republican party is a minority group in the Senate, in the Senate committees, there are Republican Ranking Members and when it comes to a bill which is sponsored by the Republican party Senators, the Democrat Chairs of the Committees must work with the Ranking Members to schedule hearings and mark-ups for the bills which are sponsored by the minority party House Representatives in the House and the minority party Senators in the Senate. In the Republican House of Representatives, the Chair of Judiciary Committee is Rep. Lamar Smith (R) and Rep. Zoe Lofgren (D) is the Ranking Member. In the Democratic Senate, the Chair of Judiciary Committee is Sen. Leahy (D) and Ranking Member is Sen. Chuck Grassley (R). Accordingly when it comes to the immigration legislations, Senator Chuck Grassley has a powerful bite and unless the two legislators from Utah are successful to work with their own party Ranking Member in the Judiciary Committee in the Senate, this bill has a slim chance to see any activities before the end of the year. Please stay tuned.

12/01/2011: PERM Site Outage Notice for One Hour Monday Morning

• Due to regular system maintenance, the Permanent Online System will be unavailable from 7AM to 8AM Eastern Time on Monday, December 5, 2011.

12/01/2011: House Immigration Subcommittee Takes Up Elimination of Visa Waiver Program Issue

• On 12/07/2011, the Subcommittee will hold a hearing on "Visa Waiver Program Oversight: Risks and Benefits of the Program." As we reported earlier, the Visa Waiver Program has been under attacks by several House members, primarily Republicans. The hearing will give their agenda a momentum to move ahead with the legislative agenda. Please stay tuned.

12/01/2011: What Swayed Democrats to Vote for H.R. 3012?

• There could be several reasons why the Democrats had agreed to support and vote for H.R. 3012 in the House. One of the reasons appears to be accomodation of the pro-family immigration advocates agenda. The pro-family immigration legislators in the House are Democrats. Inclusion of the numerical limit numbers for the family-based immigration categories in the bill appears to have played a role as a hook to smooth out the Comprehensive Immigration Reform advocates who had been adamantly opposing the piecemeal immigration reform, particularly employment-based immigration. This is reflected in the House Report for this bill that recorded that a few hardline conservative Republican legislators had attempted to remove the family immigration part from the bill, which was defeated by 6:23 votes. The Republican sponsors of this bill apparently handled the matter very skillfully and tactfully to keep this bill survived by accomodating the Democrats' needs. In this regard, the sponsors of the bill deserve hats-off for the job well done.
• Question remains, assuming that either this House bill or the Senate campanion bill will make it in the Senate, whether the Senate will pass it without any amendments or with some amendments to accomodate other needs of the Senators that oppose the House version. Please wait and see how the political process will unfold in the Senate.

11/30/2011: USCIS Alert - Ending Transition Period on 12/02/2011 for Streamlining N-Form Process

• The USCIS has issued an alert as follows: "On Oct. 19, 2011, a USCIS Update was issued announcing processing improvements for certain naturalization and citizenship forms. USCIS has centralized intake of Forms N-336, N-600 and N-600K to the Phoenix Lockbox facility. The Dallas Lockbox facility will handle the Form N-300. This change streamlines the way forms are processed, accelerates the collection and deposit of fees and improves the consistency of our intake process. This is a reminder that impacted forms received at local and district offices after Dec. 2, 2011, will no longer be forwarded to the appropriate USCIS Lockbox facility. Beginning Dec. 5, impacted forms received locally will be returned to the individual with instructions on how to re-file at a designated USCIS Lockbox facility. USCIS has updated the information on our N-Form Web pages regarding filing forms at a Lockbox to clearly identify this change in procedure. Please carefully read the form instructions before filing your form to ensure that you are filing the correct form type and edition at the correct location."

11/30/2011: DOL Updates H-2B Wage Determination

• As we posted earlier, the new wage determination methodology will not go into until January 1, 2012 as affected by a new legislation which Congress passed and the President signed. The Office of Foreign Labor Certification thus released a notice what the H-1B employer schould expect relating to the change of circumstances. Yesterday, 11/29/2011, the OFLC updated the information as follows: The Department will issue H-2B prevailing wage determinations before January 1, 2012 in accordance with the methodology contained in the H-2B rule published in December 2008. Absent further legislative or judicial action, employers who receive such prevailing wages and use them to file H-2B labor certification applications will be provided additional information on their wage obligations after January 1, 2012. The prevailing wage determinations that will be provided will instruct users that any advertising conducted must include language that informs potential applicants the wage they will actually be paid may be different from the advertised wage. How confusing and how complicated! For the full text of the update, please click here.

11/30/2011: What's Chance of H.R. 3012 in the Senate?

• As the bill moves close to the final phase of legislation in the Senate, the impact of this bill has been placed under the close microscope in two angles: One is an in-depth analysis of the long-term benefit of the bill and the other is the scope of potential negative impact of the bill on other side of the spectrum. Until now, no one had the complete answers to these two questions and debate on these two issues has just begun in the political arena, which is likely to trigger intense struggle between pro and con of the bill in the Senate. As the depth of impact of this bill has thus far been under the shadow, there is already a sign and debate from the two end of the spectrum, which will lead to the intense pro and con lobbying activities ahead. Thus far, there has been no set schedule for its companion bill in the Senate. Unlike the post-passage comment of Sen. Chuck Schumer which we reported earlier today, there is an indication that this bill may have to face a lot of huddles in the Senate. Please stay tuned to this website for the development of this bill in the Senate.

11/30/2011: Two Positive Notes for H.R. 3012

• Lifting annual numerical limitation after three years is tremendous benefits for Indian and Chinese EB green card applicants. There are a couple of additional good news for these EB Indians and Chinese:
  • Effective Date: Should this bill be enacted without amendments by the Senate, the law will apply retroactively to October 1, 2011 during when they receive additional numbers.
  • Senate Judiciary Immigration Subcommittee Chairman, Chuck Schumer's reported prediction: The New York Times (paper edition) of 11/30/2011 reports that Senator Schumer stated that the bill would be handled swiftly. Accordinly, there is a gleam of hope that this bill could even be enacted before the end of the year! I think the prediction is based on the current Congress that refects a strong bi-partisan support for this legislation.
• Please stay tuned for the Senate action.

11/30/2011: Senate Judiciary Committee Hearing on Sunsetting EB-5 Regional Center Program Extension

• The Senate Committee on the Judiciary has scheduled a hearing entitled “Reauthorizing the EB-5 Regional Center Program: Promoting Job Creation and Economic Development in American Communities” for Wednesday, December 7, 2011, at 10:00 a.m. There have been several attempts in the past to turn the program to a permanent program. Please watch to which direction the Senate is heading on this legislation.

11/30/2011: Massive H-1B Cap Filings Before Reach of Annual Cap Potentially Causing Processing Delays

• Despite the official USCIS monthly processing time report for H-1B petitions in two months, lately the Service Centers have been experiencing delays in processing of H-1B petitions. One can imagine the potential impact of the latest last-minute massive H-1B cap filings on the processing times for the H-1B cap cases. One wonders how many employers filed the cap cases during the period on Premium Processing and how the Service Centers will be able to handle those cases in 15 calendar days! They may have to switch around the adjudicators from the regular cases to the Premium Processing tracks to meet the legal deadline. It will be interesting to see how the Service Centers will handle the workload problems.

11/29/2011: House Passed H.R. 3012 by Absolute Majority - 389 Yea vs. 15 Nay

• Please see who voted yes and who voted no. Click here.

11/29/2011: H.R. 3012 Progress on the House Floor

• The House completed the debate on this bill at about 04:30 p.m. today and the bill will be put for the voting beginning from 06:30 p.m. this evening. Readers may see our monitor of this proceeding at our home page.

11/29/2011: House to Vote Today on H.R. 3012 Beginning 06:30 pm (EST)

• The full House will open session today at 02:00 p.m. but will not start voting of bills until 06:30 p.m. It is anticipated that this bill may pass the House, but will have to wait and see the results of today's votes. Please stay tuned to this website for the results of voting. Once the House passes the bill, the bill will be presented to the Senate. The Senate will then refer the bill to the Senate Judiciary Immigration Subcommittee where its companion bill sponsored by Sen. Mike Lee of Utah is pending. It will be interesting to watch how quickly this bill will be taken up by Sen. Chuck Schumer of New York, the Chairman of the Immigration Subcommittee. Considering the ticking clock for the recess of the First Session of 112th Congress in December, people may not be able to see any action for this bill until early next year. Please stay tuned.

11/28/2011: USCIS Sites Unavailable 12/01/2011 - 12/05/2011 for Case Status & Other Customer Relationship Information Systems Access

• USCIS announces that the Case Status and Other Customer Relationship Information System Sites Unavailable Dec. 2nd - Dec. 5
• USCIS will conduct system maintenance from Friday, December 2nd at 7pm (EST) until Monday, December 5th at 9am (EST) and during the period, the following USCIS Case Status and Other Customer Relationship Information System Sites will not be accessible:
  • Check My Case Status
  • Sign-Up for Case Status
  • Check Processing Times
  • Change of Address Online
  • Civil Surgeon Locator
  • e-Request
  • Office Locator
    
• Those who need immediate report of change of address during the outage are advised to submit the form manually. It will also be painful for not being able to check case status during the period! For the detail, please visit USCIS website.

11/28/2011: DOL Delays Effective Date of H-2B Program New Wage Methodology Rule Until 01/01/2012

• On November 18, 2011, President Obama signed into law the Consolidated and Further Continuing Appropriations Act, 2012, which provides that “[n]one of the funds made available by this or any other Act for fiscal year 2012 may be used to implement, administer, or enforce, prior to January 1, 2012 the [Wage Rule].” Public Law No. 112-55, Div. B, Title V, § 546 (Nov. 18, 2011). As affected by this new law, the DOL is delaying implementation of new wage methodology until January 1, 2011. Therefore, H-2B employers will not be required to pay the new wage as determined under the new wage methodology method until January 1, 2012. Please review the following two notices to learn the details:
  • Delay Notice
  • Impact of Delay Notice on Prevailing Wage Determination and Guidance

11/28/2011: State Department Updates Trend of Visa Bulletin Cut-off Dates From FY 1992 to FY 2011

• The State Department the Visa Bulletin cut-off dates adding FY 2011. This material will be very handy to check monthly visa cut-off dates for the past 20 years.
  
• Family Preference:

Worldwide
China
India
Mexico
Philippines

• Employment Preference:

Worldwide
China
India
Mexico
Philippines

11/27/2011: USCIS Ombudsman's Office Hosts Teleconference on Change of Address and Procedure

• On Tuesday, November 29, 2011, 2:00 – 3:00 p.m. EDT, the Ombudsman's office will provide a teleconference to give an opportunity to immigrants and immigration stakeholders to learn how applicants and their representatives report changes of address to USCIS and the U.S. Postal Service (USPS). The Ombudsman’s Office will interview stakeholders from Catholic Charities Immigration Legal Services of DC and Pisgah Legal Services of Asheville, NC to learn about their experiences with these processes. A USPS representative will also share information about the requirements for proper mailing addresses and the processing of changes of address with USPS. There will be an opportunity for listeners to ask questions and/or share comments. Those who like to participate in the teleconference may register to cisombudsman.publicaffairs@dhs.gov and give reference "USCIS Change of Address and Mailing Issues" in the subject line of your email. They assure that participants remain anonymous. Since it is mandatory to report change of address for all the aliens, it will be important for immigrants to understand correctly and learn the correct reporting procedures through the U.S. postal services.

11/27/2011: USCIS Policy Memorandum Revising Guidance for Adjudication of Cases Involving Terrorism-Related Inadmissibility Grounds and the Hold Policy for Such Cases

• This memorandum revises previous policies on the subject. Read on.

11/24/2011: USCIS Lockbox Intake Processing Questions and Answers

• As increased number of cases are required to be filed with the Lockboxes, it will help the petitioners or applicants to understand how they process their petitions or applications. This Q&A is somehow old but informative to understand the process within the facilities. This is also good time for this reporter to reiterate importance of petitioners or applicants not, repeat not, to staple papers when they send the documents to their legal representatives and agencies. It is considered a nightmare. Quite contrary to their good intents, stapling creates a huge problem in processing papers in their legal counsel' offices as well as the government offices. DO NOT STAPLE! DO NOT STAPLE! DO NOT STAPLE!

11/24/2011: Potential Implication of USCIS H-1B Cap Reach Announcement With No Notice of Computer Random Selection Notice for Petitions Received on Final Receipt Date of 11/22/2011

• In the past, when the USCIS announced a reach of H-1B cap, the announcement also included a notice that the cases which had been received on the Final Receipt Date would be subject to electronic random selection process, resulting in survival of some cases and rejection of some cases that failed in the lottery process. This year's notice does not include such notice. It is thus a good news for those whose petitions reached the Service Centers before the end of the day of November 22, 2011. There is one question that needs clarification as to their requirement that the petitions must have been physically received by the Service Centers. The question involves case which the petitioners filed via USPS mail or USPS express mails that were delivered to the postal stations of the Service Center areas on November 22, 2011. Nebraska Service Center and Texas Service Center have two different mail pickup schedules. For Express Mails, the USPS postal stations usually keep the packages in the local postal stations, which are collected by the Service Center mail crews from the postal stations. When the packages are not picked up for the reasons the packages arrived at the postal stations after the Service Center mail crew picked up the mails of the date, the packages remained in the postal stations. Naturally, one immediate question people can have is whether these packages are still considered "physically received" by the Service Center for the purpose of the filing. This year's H-1B cap reach announcement did not clarify this point and just stated that the post mark is not enough. Hope it is clarified by the USCIS soon.
• With reference to the missing notice of random selection process, the involved regulation, 8 CFR 214.2(h)(8)(ii)(B), states that 'When necessary to ensure the fair and orderly allocation of numbers in a particular classification subject to numerical limits, USCIS may randomly select from among the petitions received on the final receipt date the remaining number of petitions deemed necessary to generate the numerical limit of approvals....Petitions not randomly selected, and petitions received after the final receipt date, will be rejected.' The final receipt date was 11/22/2011. Why then the USCIS did not decide to put the petitions which were received on 11/22/2011 through the random selection process? The catch word in the regulation is "may." All we can speculate is that they had received just enough numbers and not any large numbers beyond the enough numbers and considering their record of denials and rejection rates, they might have thought that all of those cases, except the potential denial and rejection cases, come within the legal limit of the cap numbers. Accordingly, this is a good news for the employers whose cases were delivered on 11/22.2011. Enjoy Thanksgiving dinner!

11/23/2011: President Signed into Law H.R. 398 Tolling I-751 Filing and Interview Deadlines for Soldiers in Active Overseas Duties and Their Alien Spouses

• This is indeed a Thanksgiving Day gift to those USCs serving active armed services duty overseas and their alien spouses by the President signing the bill into law today, the day before the Thanksgiving Day. Thanks to this legislation, following is now the law for I-751 Petition to Remove Conditional Resident Status for their alien spouses:
  • Toll of I-751 Filing Petition Period: The 90-day period described in subsection (d)(2)(A) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty service at any time after the commencement of such 90-day period.
  • Toll of I-751 Personal Interview: The 90-day period described in the first sentence of subsection (d)(3) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the Secretary of Homeland Security from waiving the requirement for an interview under subsection (c)(1)(B) pursuant to the Secretary's authority under the second sentence of subsection (d)(3).
• We thank Rep. Zoe Lofgren for sponsoring this bill and extend Happy Thanksgiving to the eligible members of the armed services and their conditional resident alien spouses.

11/23/2011: H.R. 3012 Full House Floor Scheduled 11/29/2011, Tuesday

• The House is scheduled to take up this bill on Tuesday, H.R. 3012. Please stay tuned for the result of the House floor vote on next Tuesday.

11/23/2011: FY 2012 H-1B Cap Reached - USCIS Announcement

• On November 22, 2011, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2012. USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption as of October 19, 2011. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that are received after November 22, 2011
• This is crazy. USCIS must have received thousands of H-1B cases between 11/18/2011 and 11/22/2011. As for the cut off date of 11/22/2011, they say post mark is not enough. They should have physically received by 11/22/2011.
• It is going to be a long year for the employers that need new H-1B cap employees, not until 10/01/2012. The only other available sources the employers will have to tap for their needed professional foreign workers will be, other than L, O, E and other employment-based nonimmigrant workers, H-1B transfers from other employers, F-1 students in OPT or cap-gap eligible F-1 students or I-485 waiters who possess EAD. It is likely that the balance of power between the employers and the professional foreign employees will tip toward other direction because of the shortage of these professional foreign workers for the employers during the cap gap period.

11/23/2011: GAO Releases on 11/22/2011 its Review, Problems, and Recommendations on Ongoing USCIS Business Transformation Program

• The first phase of implementation of the USCIS business transformation program is about to be launched in Decmeber 2011 beginning from I-539 application. However, yesterday the Government Accountability Office (GAO) released its recommendations relating to the problems which the GAO has learned. The report indicates that the USCIS has been working on the recommended steps which the GAO presented to the agency. However, the GAO report is not expected to affect seriously the USCIS' ongoing implementation plan schedules. Please read the full text of the GAO report.

11/22/2011: OFLC Alert on Overnight Delivery Issues During Thanksgiving Holidays

• The Office of Foreign Labor Certification alerts that according to the UPS announcement, UPS will not be providing delivery or pick-up services on Thursday, November 24 (Thanksgiving Day) and Friday, November 25, 2011, and the public is encouraged to submit their correspondence timely to the Chicago National Processing Center, being mindful of the holiday schedule if using UPS. The Chicago National Processing Center will endeavor to ensure all H-2A and H-2B deadlines for November 24th and 25th will be met by November 23, 2011.

11/22/2011: H-1B Cap Count as of 11/18/2011=61,800!!

• Wow, unreal! In four days, 5,500 numbers have been exhausted. The cap announcement is likely to be released 11/28/2011?!

11/22/2011: Tolling of I-751 Filing Deadline and Interview Period for Active-Overseas-Duty Soldiers

• As we reported earlier, this bill which was sponsored by Rep. Zoe Lofgren of California passed both Houses of Congress and was sent to the President for his signature on 11/16/2011. Accordingly, the President is expected to sign this bill shortly and this law will take effect. Those who are in the armed services in active duty overseas, their spouses and families, and their representatives should familiarize themselves with the new law. For the full text of the bill, please click here.

11/22/2011: Extension of TPS Designation & Automatic EAD Extension for Qualified El Salvadore Nationals Clear White House

• The three central American country nationals of Honduras, Nicaragua, and El Salvadore have gone through the cycles of extension of TPS designation and automatic EAD extension for those in the U.S. who are qualified for the TPS extension for a number of years. Extension for Honduras and Nicaragua has already been in place, but the same for El Salvadore has taken a long time to obtain clearance from the OMB of White House. Fianally OMB cleared it yesterday. Accordingly, the USCIS is likely to announce and publish it in the federal register soon. Please stay tuned.

11/21/2011: Visa Posts Resume F,M,J Visas

• The halt of J,M,J visas did not last too long. The State Department has released the update that it resumed the F, M, and J visas beginning from 11/18/2011. Good Lord! Thank-you goes to NAFSA for the quick update report.

11/21/2011: H.R. 3012 Legislation Update: Placed on the House Union Calendar No. 193 on 11/18/2011

• This bill is now placed on the full House floor calendar. The specific date has yet to be decided but it has at least been placed on calendar now. Those who are not too familiar with the background and purpose of this bill and voting records in the Committee may read the House Report 112-292. The bill was amended in the final Judiciary Committee action accomodating Rep. Zoe Lofgren's amendment. Since then, the number of sponsors of the bill increased intial 2 to 11 Representatives. The final sponsors are: Rep Flake, Jeff [AZ-6], Rep Goodlatte, Bob [VA-6], Rep Griffin, Tim [AR-2], Rep Gutierrez, Luis V. [IL-4], Rep Holt, Rush D. [NJ-12], Rep Jackson, Jesse L., Jr. [IL-2], Rep Lofgren, Zoe [CA-16], Rep. Maloney, Carolyn B. [NY-14], Rep Moran, James P. [VA-8], Rep Smith, Lamar [TX-21], and Rep Thompson, Glenn. Joining of Rep. Luis Gutierez and Rep. Zoe Lofgren imply an important bi-partisan bill, particularly Rep Gutierez who used to oppose piece-meal employment-based immigration bills as a strong advocate of Comprehensive Immibration Reform legislation. As soon as the specific floor schedule is determined, we will report the date. Please stay tuned to this website.

11/21/2011: USCIS Reminds Haitians to Follow Late Filing Instructions for TPS

11/21/2011: USCIS Trend and Volume of Applications by Service Centers and Local Offices and by Types of Cases as of the End of September 2011

• This data gives information on each Service Center and local district or field office's processing volumes and status in details by types of applications at the end of September 2011. This data also allows each applicant to check his/her own case more precisely than the USCIS monthly statistical report by providing specific individual case details. Even though they are more than six weeks behind, one can get more specific data than any other data when it comes to specific types of cases and specific locations and specific individual cases. It also gives the data either by trend (history) or by volumes (case loads). Readers should learn to check the boxes at the top and at the bottom to obtain the foregoing detailed information. Please try it and you will like it.

11/20/2011: USCIS Monthly Statistical Report of Immigration Benefits and Naturalization Application Statistics as at End of September 2011

• Immigration benefits applications: It shows a substantial drop in new applications and approvals and increase in number of pending applications.
• Naturalization applications: Number of new applications and approval stabilized, while pending cases have increased.

11/19/2011: State Department Announcement of Business Visa Facilitation

• State Department has announced that U.S. embassies and consulates have established procedures to expedite interview appointments for urgent business travel. U.S. officials work closely with American Chambers of Commerce in more than 100 countries to streamline the visa process for business travelers. The State Department's Business Visa Center facilitates visa application procedures for U.S. companies and convention organizers who invite employees or current and prospective business clients to the United States. The Center handled nearly 3,500 requests in FY 2011. U.S.-based businesses may contact businessvisa@state.gov or call 202-663-3198 for more information. See their message.

11/18/2011: State Department Halts Issuance of F, M and J Visas at "All" U.S. Embassies and Consulates Effective Immediately 11/18/2011 and Until Further Notice

• NAFSA has reported that all U.S. embassies and consulates have halted issuing F, M, and J visas effective today and until further notice. For the details, please visit the NAFSA report.

11/18/2011: DOL Inspector General Reports Foreign Labor Certification Frauds and Need for Enhanced "Integrity" in Foreign Labor Certification Processing

• This report which was issued only three days back emphasized tightening of "integrity" in foreign labor certification management. The Office of Foreign Labor Certification has already increased number of audits and supervised recruitment for PERM processing, and this report of its Inspector General is likely to further affect the labor certification adjudication process negatively in the future. Employers, beware!

11/18/2011: H.R. 3012 and S. 1857 Are Same and Companion Bills

11/17/2011: DHS Initiates Today Review of Deportation Cases as Part of Implementation of Prioritization of Immigration Enforcement Policy

• Recent release of DHS policy on prioritization of immigration enforcement under the prosecutorial discretion memorandum has witnessed snags in implementation as the field agents of the government agencies have acted all different ways. Report indicates that today, Thursday, the DHS will begin a review of all deportation cases before the immigration courts and start a nationwide training program for enforcement agents and prosecuting lawyers, with the goal of speeding deportations of convicted criminals and halting those of many illegal immigrants with no criminal record. This report gives a glimpse of hope for those who are eligible for the prosecutorial discretions which have been delayed because of lack of clear guidelines for the field officers and courts.

11/17/2011: Another H-2A Farm Guest Worker Reform Bill, H.R. 3443

• Yesterday, Rep. Jack Kingston (R) of Georgia introduced another H-2A visa program reform bill in the House. As the immigration enfocement has been reinforced and Mexican farm workers are less available from across the Southern border and within the United States, the agricultural industry has been suffering from the shortage of the farm workers, adding increased pressure on the Congress to reform migrant farm worker program. According to the announcement of the bill sponsor, the outlines of the bill are as follows:
  • Shift a portion of regulatory responsibility for the H2A program from the Department of Labor to the Department of Agriculture;
  • Expand the definition of agricultural worker to include the dairy and ranching industries;
  • Allow farmers to attach an experience requirement to job postings to allow farmers to be matched with more qualified workers;
  • Remove requirement for farmers to hire domestic workers during a contract period when there is no existing need for additional workers;
  • Establish a fair, new farm wage methodology, setting a wage minimum at 115% of whichever is higher of federal, state or local minimum wage;
  • Allow employers to apply for H-2A workers 30 days in advance of need, reducing it from the current 45 day requirement to give farmers more flexibility in managing their labor supplies and expedites the Department of Labor’s review process;
  • Make H-2A visas a one year visa which may be renewed once before the worker is required to return to their home country, between renewals an employer must re-test the domestic labor market as if the worker was a first-time applicant;
  • Shift existing housing requirements to a voucher system, allowing the option of using existing housing rather than requiring farmers build permanent worker housing;
  • Establish reasonable reforms on the Legal Services Corporation; and
    • o Prohibits legal activism unless the alien is present
      o Prohibits bringing civil action unless the counterparties have attempted mediation
      o Prohibits entering H-2A employer property without pre-arranged appointments
      o Requires respect of existing arbitration process and outcome if employer and employee have an existing arbitration arrangement
  • Place new restrictions on H-2A participants.
    • o Makes worker who overstays his or her H-2A visa ineligible to reapply for 5 years
      o Makes any applicant who commits fraudulent activity in connection with obtaining an H-2A visa permanently ineligible
      o Makes any worker found committing a deportable offense while in the U.S. permanently ineligible
      o Makes any employer who knowingly hires a worker with an expired H-2A visa or who knowingly facilitates fraudulent activity in connection with the H-2A process permanently ineligible from participation in the H-2A program and other work visa programs
• Please stay tuned.

11/17/2011: TSA's Security Procedures & Travel Tips for the Holiday Season

• As the nation's most traveled holiday season is inches away, the Transportation Security Agency has released this travel tips for the holiday travelers. This is the general tips for all the travelers rather than for immigrant travelers only.

11/17/2011: USCIS I-539 Transformation Online Filing Demonstration Video

• As the USCIS is about to launch the online filing (ELIS) of I-539 as the first benefit application under the Business Transformation Program, it has released a video that demonstrates how the I-539 applicants file the application online. It is a very short video. This example video shows how a customer will be able to set up an online account and submit a request to extend or change nonimmigrant status using the new system. The video also highlights the proposed design and key features of the new system. USCIS warns that this video is for demonstration purposes only. USCIS is continuing to receive and incorporate feedback, so the actual system may look different from this example video. For more information about USCIS Transformation efforts, please see the USCIS website at www.uscis.gov/transformation.
  

11/16/2011: H-1B Cap Final Date Determination and Impact of 6,800 Special H-1B1 Numbers for Chile and Singapore

• When the USCIS determines that it has received enough numbers to reach the cap, they will release announcement of reach of the cap and final date. Out of 65,000 annual cap, they are required to set aside 6,800 numbers for Chile and Singapore under the free trade agreements with these two countries. Out of 6,800, unused numbers for this fiscal year of 2012 will be rolled over to the next fiscal year of 2013, which the USCIS can use in the next fiscal year. In FY 2012 H-1B cap, the annual cap numbers for FY 2012 can reach shortly since it has only 1,900 numbers to reach 58,200 after taking out 6,800 special numbers, but since the USCIS can use the leftover numbers from 6,800 special numbers of FY 2011, the announcement of reach of the cap will take some time until they receive enough numbers adding the FY 2011 roll-overs from unused 6,800 special numbers. When we reported yesterday that the announcement of cap may be expected as early as Monday, 11/24/2011, we neglected to consider the roll-over numbers from FY 2011. We do not know how many roll-over numbers the USCIS has from FY 2011, but it may be substantial. Consequently, the announcement of the reach of the FY 2012 H-1B cap and final date is not expected until the total number reaches close to 65,000 after adding the unused roll-over numbers from FY 2011. We apologize for the oversight and stand corrected on the prediction of the USCIS announcement of the reach of the cap. It turns out that our initial prediction of the reach of cap around December 1 could be more accurate considering the fact that in each week, almost 3,000 numbers have been exhausted.

11/15/2011: State Department Announcement of Expedite of Student Visa Processing

• According to the State Department, all U.S. embassies and consulates currently expedite visa processing for foreign students to ensure qualified students are able to begin their academic program on time. Worldwide, the maximum wait for a student visa appointment is fewer than 15 days. For the full text, please click here.

11/15/2011: USCIS Monthly Processing Times Update 11/14/2011

• See our homepage.
• Please note the following:
  • Texas Service Center I-140 processing times have improved to 4 months after taking more than 9 months for a while.
  • Nebraska Service Center EB-485 processing time is 4 months.
  • Vermont Service Center is experiencing some delays in H-1B, processing cases which were received in the middle of July 2011.

11/15/2011: FY 2012 H-1B Cap Count as of 11/14/2011=56,300!

• Wow, the cap numbers are being exhausted fast. Considering the fact that practical cap number is 58,200 excluding Chile and Singapore numbers, the remaining available cap number is only 1,900. It is likely that the announcement of the reach of the cap is likely to take place next Monday, 11/21/2011 or a little later or earlier. Amazing.

11/14/2011: USCIS Releases a Series of Notices, e-Forms, and Rules as Related to First Phase of USCIS Electronic Immigration System (ELIS)

• As readers have been informed by this website and the USCIS in the recent past, the USCIS is scheduled to implement e-filing system beginning from I-539 proceedings in December 2011. Aside from the I-539 form, the USCIS will be releasing the following three (3) sets of notices and rules tomorrow in the federal register. Immigration practitioners, immigration beneficiaries (immigrants), and petitioners (employers, family petitioners, and other petitioners) and stakeholders should read and review to either send comments and to make themselves familialized with the upcoming electronic immigration system era down the road:
• Notice of Exemption from Privacy Act for the Following Data:
  • Account (Petitioner, Alien Beneficiary, and Representatives)
  • Case Management System of Record
  • Automated Background (Checks) Function
• Notice of Initial Revision Forms:
  • • I-90 - Application to Replace Permanent Residence Card (1615-0082), 08/31/12;
    • I-102 - Application for Replacement/Initial Nonimmigrant Departure Document (1615-0079), 08/31/12;
    • I-130 - Petition for Alien Relative (1615-0012), 01/31/12 (as evidence);
    • I-131 - Application for Travel Document (1615-0013), 03/31/12;
    • I-134 - Affidavit of Support (1615-0014), 05/31/12 (as evidence);
    • I-290B - Notice of Appeal or Motion (91615-0095), 05/31/12;
    • I-508/I-508F - Waiver of Rights, Privileges, Exemptions, and Immunities (1615- 0025), 11/30/11;
    • I-539 - Application to Extend/Change Nonimmigrant Status (1615-0003), 02/29/12;
    • I-539 - Application to Extend/Change Nonimmigrant Status (On-Line Application) (Pending);
    • I-566 - Interagency Record of Request -- A, G or NATO Dependent Employment Authorization or Change/Adjustment to/from A, G or NATO Status (1615-0027), 01/31/11(as evidence);
    • I-601 - Application for Waiver of Grounds of Inadmissibility (1615-0029), 06/30/12;
    • I-693 - Report of Medical Examination and Vaccination Record (1615-0033), 10/31/11;
    • I-765 - Application for Employment Authorization (1615-0040), 09/30/11;
    • I-821 - Application for Temporary Protected Status (1615-0043), 10/31/13;
    • I-912 - Request for Fee Waiver (1615-0116), 10/31/12;
    • AR-11 - Alien Change of Address Card System (1615-0007), 09/30/11; and
    • G-28 Notice of Entry of Appearance as Attorney or Accredited Representative (1615-0105), 04/30/12.
• Purpose of Automatic Background Function Details:
  • Detect Duplicates and Related Records
  • Background, National Security, and Criminality Checks
  • Identification of Possible Fraud
    

11/11/2011: Senate Version of the House H.R. 3012 Per Country Numberical Limitation Elimination Bill Introduced in the Senate Yesterday, 11/10/2011

• One of the hottest House bills, H.R. 3012, was introduced by a Congressman from Utah on the House side. Now, a Republican Senator from the same state of Utah, Mike Lee, introduced S.1857 to eliminate the per-country numerical limitation for employment-based immigrants and to increase the per-country numerical limitation for family-sponsored immigrants. This bill may be a companion bill of the H.R. 3012 on the Senate side, which apparently was introduced yesterday in anticipation of House passing H.R. 3012 and reaching of the bill in the Senate soon. The full text has yet to be made available. Please stay tuned to this website for the full text of the Senate version.

11/11/2011: Bill to Eliminate Diversity Immigration on the Move

• This bill, which was sponsored by Rep. Bob Goodlatte of Virginia on February 15, 2011 with 43 co-sponsors with the title of "SAFE for America Act" H.R. 704 was ordered yesterday, 11/10/2011, to place on the House floor calendar. The motive and background for this bill are related to the alleged fraud-ridden history of this immigration program. This bill may face some resistance when it reaches the Senate because of its potential impact on certain ethnic groups that form majority of applicants for this immigration program, particularly Irish that have been enjoying special numbers of this program. Since at least potential 50,000 immigration aspirants are at stake from countries other than those that have been sending in most of immigrants to this country, it may stir up some political controversity along the way.
• The other point to note relating to this bill is another pending bill in the House which was introduced by Rep. Isaa of California that also proposed to eliminate the diversity immigration program, but unlike Rep. Goodlatte's bill, his bill was proposing to give the immigration numbers (50,000) to STEM employment-based immigrants. It is thus interesting how the sponsors of these two bills can reconcile during the House floor debate. Please stay tuned to this website for development of this immigration legislation.

11/11/2011: Congress Passed Yesterday (11/10/2011) Rep. Zoe Lofgren's Bill, H.R. 398, to Toll, During the Period of Overseas Military Duties, Running of Time to File I-751 and to Appear for Interview in Order to Remove Conditional Permanent Resident Status

• This bill was introduced by the Congresswoman Zoe Lofbren of Califonia on January 24, 2011, which was passed by the House in August 2011, and yesterday, 11/10/2011, the Senate agreed to and passed this bill. This bill is expected to reach the President's desk for signature for his quick signature. Today is the Veterans Day marked also as "11-11-11." This date also received added notice in connection with 9/11, the day which turned the world and life around completely.
• For the detailed background and motivation for this legislative bill, please read the legislative report.

11/10/2011: Official December 2011 Visa Bulletin Released

• The earlier unofficial report of the American Embassy in Mumbai, India was correct. Good news for Indian and Chinese EB-2 professionals. However, it is a disappointing news for Indian EB-3 people.

11/10/2011: DHS to Exclude Providing Medical Care from Definition of Terrorist Activities Under Certain Set of Conditions

• The Secretary of Homeland Security has decided to extend her authority to exclude certain activities providing medical care by an alien from inadmissibility on security and related grounds in the immigration proceedings, provided that certain set of conditions are satisfied. This decision will be published in the federal register on 11/14/2011, next Monday. For the details, please read the advance copy of this notice.

11/10/2011: Unofficial December 2011 Visa Bulletin

• Family-Based:

  • F1	09/01/2004 (ROW)	09/01/2004 (India)
    F2A	03/22/2009	03/22/2009
    F2B	08/15/2003	08/15/2003
    F3	10/08/2001	10/08/2001
    F4	07/15/2000	07/15/2000

• Employment-Based:

  • 	ROW	India
    E1	C	C
    E2	C	03/15/2008
    E3	01/15/2006	08/01/2002
    E3EW	01/01/2006	07/22/2002

    • (Source: American Embassy in Mumbai, India)

11/09/2011: USCIS "Draft" Memorandum for Comment on EB-5 Policy 11/09/2011

• This draft lays out thresholds for EB-5 Immigrant Investor programs. It is a draft and is not in effect until the comment period is over and they release another memorandum to implement the policy.

11/09/2011: State Department Reports Growing Demand for Visas, Particularly China and Brazil

• Its preliminary numbers indicate that consular officers processed more than 9.6 million visa applications in FY 2011. Of those, they issued more than 7.5 million U.S. visas, an increase of more than 17 percent over the previous fiscal year when 6.4 million visas were issued. They have seen tremendous increases in demand for visas in some of the world’s fastest-growing economies. During the past five years, visa issuances have increased 234% in Brazil, 124% in China, 51% in India, and 24% in Mexico. In fiscal year 2011, consular officers processed more than one million visas in China, an increase of more than 35% over last year.
• Foregoing numbers represent only people coming here with a visa, which constitute only about 35%. The rest of 65% of people are coming here from Canada, Mexico, and Visa Waiver Program countries. Accordingly, readers can imagine the flow of foreign traffics into the United States with or without visa through the land, sea, and air!

11/09/2011: Congress Passes and President to Sign Soon a Bill That Will Make Asian (Asia-Pacific) and American Business People to Travel Easier

• This bill is a part of the DHS' Trusted Traveler Program with some variations, making issuance of travel visas smoother and avoiding experience of delays at the airports for the American business people in Asia and for the Asian business people in the United States. The card will be called ABT Card which the registered travelers will carry with them on international travel. Interested readers may read the following text of the bill and the detailed backgrounds of this legislation:
  • S. 1497
  • Senate Report

11/09/2011: Demand Data Used in December 2011 Visa Bulletin EB Cut-Off Dates

• The State Department Visa Bureau has just released this information indicating that release of the Decmeber 2011 Visa Bulletin will take place soon. Please stay tuned to this website.

11/09/2011: Arizona's State Senator Russell Pierce, Sponsor of Notorious Arizona's Racial Profiling Immigration Law, Voted Out of the State Senate

• Report indicates that in the Arizona state's recall election, this notorious state Republican Senator who sponsored the notorious state immigration bill in the state was defeated in the state election yesterday. Even though it does not affect the law which he sponsored, it is considered a moral victory for the immigrants.

11/08/2011: Office of Foreign Labor Certification 11/07/2011 Update on Listing of Job Requirments Not Normal in Both ETA 9141 and ETA 9089

• The Office of Foreign Labor Certification of Department of Labor has posted a revised Frequently Asked Question (FAQ) regarding the Permanent (PERM) Program and listing job requirements not normal to the occupation on both the ETA Form 9141 Prevailing Wage Request and ETA Form 9089. This FAQ, which replaces the previous notice that had references to the State Workforce Agency (SWA), is available here and on the FAQs page of the OFLC Web site under the heading PERM Program and subheading Job Requirements/Duties. For this release, please visit OFLC site.

11/08/2011: USCIS Policy Memorandum of 11/07/2011 on Revised Guidance for the Referral of Cases and Issuance of Notices to Appear (NTAs) in Cases Involving Inadmissible and Removable Aliens

• This memorandum gives the circumstances under which the USCIS will issue NTA or refer the cases to ICE for NTA in order to initiate the removal (deportation) proceedings based on the facts which they detected through the process of various applications. All the foreign persons should read and familiarize themselves with the policy memorandum.

11/07/2011: NAFSA, Association of International Educators, Unhappy with the President Sitting in the Back Seat in the Wagon

• Today, this organization released a statement chiding(?) the President sitting in the back seat of a wagon blaming everybody but himself when it comes to immigration reform in one form or another. Sometimes, people want to see a leader to stand up in principles rather than hiding behind the scene with the excuse of compromise or negotiation. It can hurt the image of a strong leader, especially in the national election season. That is the message this reporter reads from today's message from NAFSA. Read on.
• For that matter, Latinos are not happy either. Read on.

11/07/2011: House Adjourns Until 11/10/2011 (Thu)

• To the disappointment of the H.R. 3012 supporters, the House convened this morning and quickly adjourned until November 10, 2011.

11/05/2011: Immigration Applications and Naturalization Applications Processing Statistics at the End of September 2011

• Immigration applications statistics
• Naturalization applications statistics

11/04/2011: H-1B Cap Count as of 11/02/2011=50,800!

• In three working days, the number moved up 1,600. As of 11/02/2011, there were the balance of 7,400 to reach 58,200. It thus appears that if the number moves in this pace, our prediction of cap reach date could be around December 1 or December 2 and the agency may announce cap reach on December 5, Monday, and may start computer lottery for the numbers which they received on and after the final date which is the date when they received more than the cap number. Please stay tuned.

11/04/2011: FY 2012 First Half H-2B Cap Count as of 11/02/2011=8,188

• As affected by the DOL's H-2B prevailing wage determination related litigation, the progression of the cap number has been very slow. As of 11/02/2011, the cap record is as follows:
  • Total received: 8,188
  • Approved: 7,280
  • Pending: 908
• The first Half of the fiscal year cap is 33,000 but they usually take beyond 40,000 in the head counts of the beneficiaries. In 2010, the cap count was 11,301 as of 11/01/2010.

11/04/2011: Denial of L-1 Visas at the American Consulates in India Reportedly Significantly Rising

• Read on.

11/04/2011: Rising Nonimmigrant Visa Denials and Unusual Documentation Requests at American Visa Posts in India

• NAFSA which represents academic institutions and DSOs raised with the Department of State a number of nonimmigrant visa problems faced by the visa applicants in India. This report of September 2011 is very important for Indians to learn changing nonimmigrant visa application landscape in India, particularly Hyderabad. Please read the NAFSA report.

11/03/2011: Federal Register Notice of Extension of TPS Designation for Nicaragua and Automatic Extension of EAD

• Again the notice will be officially published in the federal register tomorrow, but here is the advance copy.

11/03/2011: Federal Register Notice of Extension of TPS Designation for Honduras and Automatic Extension of EAD

• We reported earlier, this rule passed the White House nod and has been awaiting publication in the federal register. Here we go. It will be published tomorrow, but here is the advance copy.

11/03/2011: Forthcoming Release of December 2011 Visa Bulletin and Groups of Indians and Chinese Professionals at Stake

• EB-2 Indians and Chinese professionals have suffered from their late visa number regression. Recent unconfirmed information that the EB-2 cut-off for Indians and Chinese may move to March 1, 2008 has driven them into excitement and anxiousness. They are the EB-2 Indians and Chinese whose priority dates fall in-between November 1, 2007 and February 28, 2008. There are two different groups under this category. One is those who have already filed I-485 but the applications have been stalled because of the visa numbers unavailability for their priority dates. The other group is those who were even not able to file I-485 applications because most likely their labor certification was approved after the July 2007 Visa Bulletin fiasco period. Between these two groups, stakes are higher with the latter group because they could not enjoy the benefits that come along with the pending I-485, including but not limited to EAD and AC 21 change of employment opportunity. While waiting for the visa numbers, the survival rate of the first group in the long immigration journey is much higher than those in the second group who are vulnerable to various risks including loss of the sponsor employer or the sponsored employment for whatever reasons. Additionally, the people in this group must painfully keep maintaining a nonimmigrant status all the way through the date when a door is open for them to file I-485 applications and obtain employment authorization documents. This reporter wishes the best for all of them.

11/03/2011: Reminder - Deadline of FY 2013 Immigration Lottery Registration Opportunity Day After Tomorrow

• Time indeed flies fast. One month registration period is about to end this Saturday. Specifically, the lottery registration closes at Saturday, November 5, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4). This is the last chance to participate in the immigration lottery for FY 2013!
• Watch out for the scammers. They are all over, trying to take advantage of foreigners who yearn for adopting this country as their home country.

11/02/2011: PERM Labor Certification Processing Times as of November 1, 2011

• Analyst Review (Clean Cut Case Track): August 2011 (meaning that it takes three months)
• Audit Track: March 2011 (meaning that it takes nine months)
• Reconsideration Track: September 2009
• Government Error Track: Current

11/01/2011: Clarification of "Cut-Off Date" in the Visa Bulletin as Related to Eligibility for I-485 Filing or I-485 Approval

• Whenever a new monthly Visa Bulletin is released, there are a number of people whose priority dates match with the cut-off dates in the Visa Bulletin and they are confused as to whether they are eligible for filing of I-485 application in the specific month or the USCIS can approve their cases in the month. The monthly Visa bulletin does not print the definition of the term "cut-off" dates in the Visa Bulletin. We want to post here the definition of the State Department as follows:
  • Cut-off Date: The date that determines whether a preference immigrant visa applicant can be scheduled for an immigrant visa interview in any given month. When “C” (meaning Current) is listed instead of a specific date, that means all priority dates are eligible for processing. The cut-off date is the priority date of the first applicant who could not be scheduled for a visa interview for a given month. Applicants with a priority date earlier than the cut-off date can be scheduled. However, if your priority date is on or later than the cut-off date, you will need to wait until your priority date is reached (becomes current).
• As seen in the foregoing definition, an individual's priority date must be predated to the posted cut-off date pinted in the Visa Bulletin for availability of the visa number for him or her in the month. This reporter has received inquiries from the out-of-luck visitors on this matter.

11/01/2011: Consumers in Darkness on State Department Visa Policy Changes Since February 2011

• It had been an age-old tradition of the U.S. Department of State to share its visa policy changes with the visa customers on its website until it suspended (?) at the end of January 2011. The Visa Policy Updates included its "unclassified" visa policy and policy change instructions to the visa posts throughout the world and provided the visa applicants with valuable sources of information for its infrequent visa policy changes. This reporter suspects that the failure of the State department to update the visa policy changes on its website would not mean that it has not been issuing policy guidance cables to the visa posts throughout the world. Understandably, we are living in a difficult world and understand that some of policy issues should not go into the cyber space. Arguably, however, not all of the visa policy updates would have any bearing on its stragetic security interest. Leaving the visa applicant community completely in the darkness with the visa policies which it sends out to the visa posts in the form of unclassified cables would not serve any public interest, not to mention the transparency of government agency. There are sporatic reports from visa applicants nowadays regarding visa practices including some inconsistencies among the visa posts, all involving interpretation of the rules and the laws. Without doubt, the leaders of the State Department must have been giving them guidances from time to time based on the interpretation of the leaders at the HQ, which the consumers are not aware of. We urge the Secretary of State to continue sharing visa policy updates with the public as soon as possible. Otherwise, the hard working consular officials may unnecesarily suffer increased workloads relating to the RFEs and denials of visas because of inability of the visa applicants to prepare the visa application evidence appropriately.

11/01/2011: The Rank of H.R. 3012 Bill Soared to Number One of the Weekly Top Five Pending Legislative Bills in the Legislative Bill Report Site

• In the Legislative Information Site of the Library of Congress, Thomas, this bill has moved up from the second most hit bills to number one most hit bill this week reflecting the attention this bill has been receiving from the employment-based immigrants, businesses, and for that matter, the opponents of the bill. Despite the popularity of this bill, this bill is not in this week's House floor schedule at this time. The schedule can change before the end of the week, though. It depends on the House Majority Leader's scheduling from the House calendar.

11/01/2011: Congressman Rush Holt (D) Joins Sponsorship of H.R. 3012

• Yesterday, the Democratic Congressman, Rush Holt from New Jersey joined the sponsorship of this bill making this bill more "bi-partisan" legislative bill. Accordingly, the number of co-sponsors for this bill have increased to four, including the powerful Democratic immigration legislation leader in the House, Zoe Lofgren from California.

10/31/2011: ICERT System Outage Alert 11/07/2011

• Office of Foreign Labor Certification releases the alert that due to regular SYSTEM maintenance, the iCERT SYSTEM will be unavailable from 8AM to 9AM ET on Monday, November 7, 2011. Please make a note of it.

10/31/2011: Detailed Performance Data for FY 2010 of Permanent and Temporary Foreign Labor Certification Programs

• This report is not up to date but very interesting in that it gives detailed statistics for "each state" by type of programs, top three (3) cities by each program, and top five (5) occupations by each program. These statistics reveal where and what types of foreign workers are hired in what types of jobs in each state. Believe me, this data is very interesting.
• We thank the OFLC leaders for sharing the valuable information with the public.

10/31/2011: H-1B Cap Count as of 10/28/2011 - Regular Cap Jumped 3,000 in One Week Between 10/21/2011 and 10/28/2011!

• The H-1B cap numbers are quickly running out from 46,200 one week ago to 49,200 as of last Friday. Should this pace continue, the cap may even be exhausted in the middle of November 2011. As this reporter explained, the practical cap is 58,200. However, before the USCIS announce that H-1B cap reached, we suspect that it will take a little bit more numbers, approximately 10%-15% in anticipation of denials, withdrawal, etc. Even taking into account such addtional numbers, as we predicted earlier the cap may reach around December 1.
• This cap count is for Fiscal Year 2012 H-1B cap. What it means is that once the FY 2012 H-1B cap reaches, the employers who need to hire new H-1B employees will not be able to achieve the purpose until October 1, 2012. The FY 2013 H-1B Cap Season will begin on April 1, 2012, but the FY 2013 cap H-1B approvals will be effective only on or after October 1, 2012. Accordingly, there will be almost one year gap for the employers to hire a new H-1B cap employees once the FY 2012 H-1B cap reaches. It appears that the employers do not seem to understand the gravity of impact of reach of the FY 2012 on their businesses for the coming year, assuming they will have to rely on the new H-1B employees for the next one year. There will be additional foreign workers available during the period of vacuum - foreign students in F-1 graduating from the U.S. schools next Spring. Employers may be able to tap these resources using the cap gap employment authorization for the qualified F-1 through OPT or OPT status extension with or without filing of FY-2013 H-1B cap petitions, but these resources will remain very limited. Beware.

10/31/2011: Anti-Immigration Group Demands Senate Homeland Security Appropriation Subcommittee to "Defund" DHS-DOJ Joint Task Force Operation for Prioritization of Enforcement Policy

• Report indicates that the FAIR which is the primary anti-immigration group in the nation reportedly demanded the Appropriation Subcommittee to "defund" the alleged DHS-DOJ Joint Task Force on priority of immigration enforcement program of the Obama Administration. Read on.

10/31/2011: State Department Interim Final Rule on Amendment of Rules on Certain International Adoption

• The State Department will publish this rule tomorrow to amend its rules on international adoption relating to sibling adoption to include certain children who are under the age of 18 at the time the petition is filed on their behalf, and also certain children who attained the age of 18 on or after April 1, 2008 and who are the beneficiaries of a petition filed on or before November 30, 2012. This amendment is necessitated by the IASA which was signed by the President into law on November 30, 2010, modifying the Immigration and Nationality Act (INA) as regards adoptions from Convention countries. Among other changes, the IASA creates a new INA Section 101(b)(1)(G)(iii) to allow U.S. citizens to file an immediate relative petition for a child younger than 18 from a Convention country, provided that child is the natural sibling of a child concurrently or already adopted or being brought to the United States for adoption under INA Sections 101(b)(1)(E)(i), (F)(i), or (G)(i). To qualify as a child who is covered under INA Section 101(b)(1)(G)(iii), a child must be adopted abroad, or be coming to the United States for adoption, by the adoptive parent(s) or prospective adoptive parent(s) of his/her natural sibling. In addition, the child must be otherwise qualified as a Convention adoptee under INA Section 101(b)(1)(G)(i), except that the child is under 18 years of age rather than under 16 years of age, as is required for classification under INA Section 101(b)(1)(G)(i). The IASA contains an exception at Section 4(b) necessitating a modification of the Department regulation contained in 22 CFR 42.24. Under that section, an alien who is older than 18 years of age nonetheless may be classified under INA Section 101(b)(1)(G)(iii) if he/she turned 18 years of age on or after April 1, 2008 and his/her immediate relative petition is filed not later than November 30, 2012. As currently written, the Department’s regulations pertaining to INA Section 101(b)(1)(G) cover exclusively those children whose adoptions will be governed by the Convention. Although aliens qualified under IASA Section 4(b) will be emigrating from a Convention country, the Convention only governs the adoption of children under the age of 18. This rule is necessary to change Department regulations to cover aliens properly qualified under IASA Section 4(b). For advance copy of this rule, please click here.

10/31/2011: USCIS Releases Questions & Answers Discussed at its Meeting with AILA on 10/05/2011

• This summary of questions and answers at the meeting touches various "legal" issues concerning a series of issues. However, for the general consumers, the following two pointes deserve special attention. Firstly, currently employers are experiencing confusion as to whether they should file amendment petitions when they relocate their nonimmigrant workers from the locations which have been approved in the initial petition to a new location because USCIS materials and DOL policies more or less contract from the immigration enforcement (site visits) situation and some consular officials at visa posts outside of the United States. The AILA's endeavors to clarify this issues have failed to receive clear answers from the involved government agencies. As readers see in this material, the USCIS HQ takes a position that the answers to this issue is currently under review, while published USCIS materials and DOL materials indicate that when there are no material changes to the petition, amended petition is not needed and only certified labor condition application suffice. Added to this confusion is a recent meeting with one of the Service Centers wherein the agency stated to the AILA that they were following their legal counsel's interpretation of the rule that unless a new labor condition application had been certified for the new location "before" the H-1B petition was approved, the employers must file the amended H-1B petitions when the employer relocates an H-1B employer to a different location even if there are no changes in the employment other than change of location for the worksite. There have been reports from the H-1B employees who have encountered a similar challenge from consular offcials at the visa posts when they visited their home countries to renew their H-1B visas in the passport. There were also some reports that when the employers faced site visits by the immigration officials, some of them raised this issue. For the foregoing reasons, employers, particularly consulting company employers, have taken a conservative approach by filing amended H-1B petition when they relocate their employees from one worksite to another worksite. Current confusion involves different interpretations of the legal term, "material" change. Simply put, whether worksite change constitues a material change. Currently the answer to this question remains up in the air even after this AILA meeting with the USCIS. It is hoped that the USCIS HQ finds the answer to this question as soon as possible to relieve the employers and the H-1B employers from the confusion and fears for potential violation of the laws or the status. There is a letter of a former official of the USCIS HQ that more or less contradicts from the current ambigous position of the USCIS HQ, especially when the involved employers are not consulting companies. When there is involved a consulting company employer that relocates their H-1B employee from one client site to another client site, apparently the USCIS has a problem of assuring existence of so-called "employer-employee relationship or control" at the new client site unlike the initial site for which they had already reviewed and accpepted. In some of these cases, one site could be idential to the initially approved situation, while the new client site could represent a "job shop" situation. Additionally, initially approved client project could have involved a work of a "professional" and specialty occupation, while a new client project could involve work which can be performed by a worker less than a specialty occupation level. To resolve this employer-employee relationship issue at the new site, they may want to readjucate the H-1B petition in the form of an amended petition for the new worksite, but stretching this to non-consulting company employers raises a serious question as to its justification for a different interpretation of the term "material change."
• Second point which the general consumer want to pay attention to in this material is the USCIS HQ confirmation that once a consumer calls NCSC 800 number and requests inquiry, and the caller does not get the answers within 15 days and not, repeat not, 30 days, the consumer can contact the agency again to demand answers. Apparently, some callers have encountered a problem on this issue and the USCIS confirms that any contradicting answers over the phone inquiry is wrong. Consumers may remind such 800 number officials of this Q&A material.

10/31/2011: Alert to Immigration Examination Civil Surgeons - New Medical Examination Result Report Form I-693 Effective Tomorrow, 11/01/2011

• On November 1, 2011, USCIS will introduce a new, more user-friendly version of the form used to report results of medical examinations for those seeking certain immigration benefits, Report of a Medical Examination and Vaccination Record, Form I-693. Civil surgeons completing medical examinations between Nov. 1 and Dec. 31, 2011, should use the new form dated 10/11/11. However, USCIS will continue to accept the previous version, dated 7/20/10, for examinations completed between Nov. 1 and Dec. 31, 2011. Beginning Jan. 1, 2012, civil surgeons must use the new version of the form. For additional details, please click here.
• There is a two-month grace period for the civil surgeons to use the existing I-693 form through the end of the year, but they may as well start using the new form from here on. For the updates, please click here.

10/31/2011: Relief for Nationals from Central America Stranded in the U.S. Due to Extreme Flooding

• When there is a natural disaster, it can affect an individual’s ability to establish or maintain lawful immigration status while they are in the United States. Those Central Americans who are currently in the United States may want to learn what kinds of temporary relief measures are available to eligible relating their status and other immigration matters. For the information, please click here.

10/29/2011: Text of Witness Testimonies B/4 House Financial Servicess Committee on “Proposed Regulations to Require Reporting of Nonresident Alien Deposit Interest Income”

• J. Thomas Cardwell, Former Commissioner, Florida Office of Financial Regulation
• Alejandro “Alex” Sanchez, President and Chief Executive Officer, Florida Bankers Association
• Gerry Schwebel, Executive Vice President, International Bancshares Corporation
• Rebecca J. Wilkins, Senior Counsel, Federal Tax Policy, Citizens for Tax Justice

10/29/2011: USCIS FY 2012 H-2B Cap Count as of 10/21/2011

• USCIS H-2B cap processing volume has been affected by the DOL's snag in H-2B temporary labor certification application processing as affected by its involvement in court battles. After a long pause in updating its cap count, the USCIS has released its update on the cap count of H-2B petitions as of October 21, 2011 as follows. The figures represent the cap count only for the First Half of FY 2012 and the status of cap count for the Second Half of FY 2011 has yet to be updated.
  • Approvals: 6,878
  • Pending: 1,076
  • Total: 7,954
• There have been two legislative or administrative reform movements for H-2B program in the past. One was to phase out the DOL's role in H-2B program other than enforcement function and H-2B petition is filed with the USCIS without labor certification process. The other movement was to change the H-2B program for DOL from labor certification program to attestation program just as what we see in the H-1B LCA program. The reform of H-2B program was tangled in party politics with different political interests involved for each party. For the reasons, potential reform of the program cannot be completely brushed aside in the future. Hmm.........

10/28/2011: Nebraska Service Center Approvals of EB-2 I-485 Cases of October 2011 Visa Bulletin Cut-Off Dates

• As readers may recall, in the mid-September after the October Visa Bulletin was released, the State Department notified the USCIS by fax that their EB visa numbers for FY 2011 had been exhausted. Accordingly, the USCIS and Visa Posts could not adjudicate some of the September Visa Bulletin cut-off date EB-2 cases since there were no immigrant visa number in September, even though the USCIS was able to continuously receive new EB-2 I-485 applications inasmuch their priority dates became current under the September 2011 Visa Bulletin.
• Come October, the USCIS has been adjudicatiing EB-2 I-485 applications based on October 2011 Visa Bulletin cut-off dates, which included the September left-over cases which were affected by the State Department notification of exhaustion of the visa numbers in September. Obviously, in all fairness, such left-over cases within the visa number demand of USCIS in September deserved some added attention. This reporter does not have any evidence, but there was some indication that the agency were processing such cases until lately and those cases whose visa number become current only in October 2011 Visa Bulletin have been anxiously waiting for approval of their cases. Here we go! Our record shows that the NSC has started picking up these cases and sending out fantastic news to the October Visa Bulletin EB-2 waiters! YEAH! Congratulations.

10/28/2011: PERM Processing Update as Reflected in the 10/05/2011 Meeting Notes of Various Stakeholders Attending the OFLC Stakeholder Meeting

• This update presents both positive and negative information for the employers and the employment-based immigrants. The positive side of the report is that the overall backlog has been reduced 50%, adjudicating 73,000 thus far this year. The negative side of the report includes ever rising audits and supervised recruitment cases. The report indicates that currently 25% of applications are audited and this statistics will continuously rise in the future, according to the OFLC report. The problems of audit involve delayed processing times and a higher rate of denial after a long wait. Another negative report also involves rising supervised recruitment cases. At this point, only four to five per centage of cases are in this track, but the OFLC reports that this will also continuously rise in the future. Once a case is fallen into the Supervised Recruitment track, either the applications have been withdrawn by the employers or denied by the agency at a very high rate. Report indicates that denial rate was even as high as 54% and the denial rate for lower-skilled and financial industry sector reached as high as 84%!
• The bright side is its processing time for clean cut cases. As readers must have learned from our recent report, as of October 11, 2011, the processing times is about three months, which is not too bad at all considering the fact that reportedly the number of new applications have been rising and the OFLC has limited resources. We salute the OFLC leaders and staff for their hard work and the job well done.

10/28/2011: Annual Immigrant Visa Number Limit for FY 2012 by Family-Based and Employment-Based Immigration Categories

• Thus far, the EB-2 immigrant visa number movement was not too bad in the first two months of FY 2012 (October and November 2011). This overall data is posted for readers who are not too familiar with the the annual immigrant visa number limits. Lately proposed elimination of per country numerical limitation in employment-based immigration has raised a lot of issues and controversies out there as triggered by H.R. 3012 which was just passed in the House Judiciary Committee yesterday and which will be on the full House floor for the final House action sooner or later. This bill was introduced by a conservative Republican Congressman Chaffetz from Utah and co-sponsored by the Chairman of the House Judiciary Committee, Congressman Lamar Smith who has been known to be ultra conservative. In passing this bill in the House Judiciary, however, one of the most powerful Democratic House member in the immigration legislation, Congresswoman Zoe Lofgren of California joined the group as another co-sponsor, turning the bill into a bi-partisan bill. As readers are well aware of, Congresswoman Zoe Lofgren introduced in the House a similar bill in a different context quite earlier, which has been pending in the House. Accordingly, her joining of other co-sponsors of this bill will impact her own pending bill one way or another, even though her own bill will still remain alive in the House. (For the summary of her own bill, please click here.) Reportedly, she joined Represeantives Chaffetz and Smith on a condition to accept her amendment to the bill putting a cap of three years for the legislation, and the House Judiciary Committee thus passed this bill, as amended.
• This legislation is controversial in the Rest of World (All Other Countries category) community in the immigrant visa bulletin and EB-3 immigrant community as the immigrant visas available for these groups will be affected in monthly visa allocations and their I-485 waiting times by the elimination of per country numberical limitation for which Chinese and Indian EB-2 have the highest stake. This reporter has reminded the readers frequently "life is an irony" in immigration legislation.
• Soon, the State Department will release the Visa Bulletin for the month of December 2011. There is an unconfirmed information that the EB-2 cut-off dates for China and India may further move forward to March 1, 2008. At this juncture, this informaton remains a "rumor" in that it cannot be confirmed and verified. However, we will find out the truth soon. Please stay tuned to this web site for the release of December Visa Bulletin. At this time, there is a confirmed prediction of a significant cut-off date movement between now and February. Such movement will not be the norm throughout the fiscal year, and there is a possibility for retrogression of the cut-off during the summer months.Weather is getting a little bit chilly out there as we are approaching the Winter season. In this country, Holloween is one of the most exciting seasonal event a year for the kids with pumkins all around. Happy Holloweens, readers!

10/27/2011: Good News for H.R. 3012 - Full Committee Passed the Bill

• Yeah! This bill made through the Judiciary Committee. It will be reported to the House and wait for House floor action.

10/27/2011: Continued Markup of H.R. 3012 Today - House Judiciary Full Committee

• As reported earlier, they had seven bills markup but three bills were taken care of on 10/25/2011. Today, they will debate four bills: 420, the ``Veterans' Heritage Firearms Act of 2011''; H.R. 2870, the ``Adam Walsh Reauthorization Act of 2011''; H.R. 1254, the ``Synthetic Drug Control Act of 2011''; and H.R. 3012, the ``Fairness for High-Skilled Immigrants Act.'' The bill H.R. 3012 is listed last. Question remains whether the Full Committee will be able to decide this bill today. Wait and see!

10/27/2011: Reminder of Filing Address Location Changes to Lockbox Effective 11/30/2011 for the Following Forms

• As reported earlier, the USCIS is centralizing citizenship related N-form filing location to the lockbox beginning from 11/30/2011, next Tuesday. Those who file the following forms on or after 11/30/2011 may want to check out the lockbox address to file these applications.
  • N-300, Application to File Declaration of Intention
  • N-336, Request for a Hearing on a Decision in Naturalization Proceedings (Under Section 336 of the INA)
  • N-600, Application for Certificate of Citizenship
  • N-600K, Application for Citizenship and Issuance of Certificate Under Section 322
• Check the USCIS announcement.

10/27/2011: Immigration Lottery Will Close at Noon, 11/05/2011, Next Saturday, EDT

• Another important reminder for the potential eligible lottery registrants online.

10/27/2011: Last Day to Ship Out via Overnight Delivery Services I-360 Petition for Eligible Widow(er)s of Deceased U.S. Citizens

• The deadline of this program is 10/28/2011, tomorrow and the USCIS must receive, repeat receive, the I-360 petition within tomorrow. Accordingly, today is the last date when the petitioners can ship out the petition via overnight delivery services such that the agency receives it before the close of office hours. Important reminder.

10/26/2011: USCIS EB-485 Inventory Update as of 10/01/2011

10/26/2011: Out of Six Markup Bills, Two Bills Out of Way, in House Judiciary Full Committee Yesterday

• The Full Committee has been in markups of the following six bills, out of which two of the first bills were taken care of yesterday by passing the bills and ordering to report the decision to the full House floor. H.R. 3012 is listed the last and it is hoped that the Full Committee takes up this bill on Thursday's continuing markups for the remaining four bills. H.R. 420, the “Veterans' Heritage Firearms Act of 2011”; H.R. 2870, the “Adam Walsh Reauthorization Act of 2011”; H.R. 1254, the “Synthetic Drug Control Act of 2011”; and, H.R. 3012, the “Fairness for High-Skilled Immigrants Act.” Please stay tuned for the 10/27/2011 markups of the Full Committee.

10/25/2011: Full Text of Senators Schumer-Lee S. 1746 New Homeowner Nonimmigrant Visa Bill

10/25/2011: USCIS Redesigns Employment Authorization Document and Certificate of Citizenship to Enhance Security and Combat Fraud

• Please take a look.

10/25/2011: H-1B Cap Count as of 10/21/2011

• The lastest H-1B cap count shows that the master degree cap of 20,000 reached on 10/21/2011 as follows:
  • Regular cap count: 46,200
  • Master cap count: 20,000
• From hereon, the U.S. master or higher degree holders seeking H-1B cap petitions will start consuming the regular cap numbers. Accordingly, it is likely that the H-1B regular cap is likely to reach a little bit ahead of the last year's pace. Excluding Chile and Singapore free trade agreement H-1B1 numbers, the practical regular cap number is 58,200 instead of 65,000. Currently the practical cap number available is about 1,200 excluding the free trade cap numbers. In 2010, the cap count as of 10/19/2010 for regular cap was 41,800 and master cap was 15,700. The regular cap thus moved slower because the master cap number consumption was slower. The situation is different this year. Employers, beware! Once the cap number reaches, employers will not be able to hire new H-1B employees until October 1, 2012. The regular H-1B cap this year can reach as early as December 1 or sometime before or right after December 1, 2011.

10/25/2011: H.R. 3012 Bill Reaches Hottest Potato for the Employment-Based Employers and Immigrants

• Congressional legislation monitoring website indicates that at this time the H.R. 3012 bill is the second highest hit site. As the House Judiciary Full Committee starts to take up debate of this bill beginning today, it is likely getting hotter and hotter hereon. Please stay tuned.

10/25/2011: White House Cleared TPS Extensions for Honduras and Nicaragua on 10/21/2011

• DHS' proposed extension of TPS designation for these two Central American countries and automatic EAD extension for their nationals in this country in TPS has received OK from the White House. Accordingly, the DHS is likely to announce the extension of TPS for these two countries soon.

10/24/2011: OFLC Updates Prevailing Wage Determination "Current" Schedule for Different Certification Programs

• OFLC has just posted today, 10/24/2011, the update of its prevailing wage determination status. The OFLC is providing this update to the public on its plans for becoming current on issuing prevailing wage determinations:
• Target date of "current":
  • PERM: Week of October 23, 2011 (Current means PWD issued within 60 days). Accordingly beginning from this week, PWD will be issued within 60 days of submission.
  • H-1B: Week of November 6, 2011 (Current means PWD issued within 60 days)
  • H-2B: Week of December 18, 2011 (Current means PWD issued within 30 days)
• "Current" carries a different meaning in each program. A prevailing wage determination is "current" in the PERM and H-1B programs when it is issued within 60 days of submission. For H-2B prevailing wage determinations, "current" is within 30 days of submission in accordance with the program's regulations. These dates may be subject to change based on actions not anticipated by the Department at this time such as any additional judicial determinations. The PWD appeals are being processed as resources allow with priority being placed on becoming current on initial PWD requests in each of the respective program areas. Read on.

10/24/2011: OFLC Notice on Use of Old Codes and New Codes

• OFLC has just posted on 10/24/2011 that "the Department of Labor is working to incorporate new and/or revised Standard Occupational Classification (SOC) codes into the Permanent (PERM) Program online application system. Until the new codes are fully integrated, filers may experience situations where the new and/or revised, SOC codes are not available in the PERM online application system. Until such time as the new codes are incorporated, the Atlanta National Processing Center (ANPC) will accept the older SOC codes even though they may not match the code indicated on the Prevailing Wage Determination. Filers may also consider placing the new SOC job title in section H.3, and the new SOC code in section H.14 of the ETA Form 9089. Read on.

10/24/2011: House Full Judiciary Committee H.R. 3012 [‘‘Fairness for High-Skilled Immigrants Act’’] Markups 10/25/2011 and 10/27/2011

• This bill is one of the several bills that have been pushed off since last week, but it is likely that the full Judiciary Committee of the House may reach the decision to order report of the decision to the full House. Please stay tuned.

10/24/2011: USCIS Processing Volumes and Trends by Type of Application for Each Field Office, Service Center, and National Average as of End of August 2011

• This report shows the state of processing of applications and petitions at each local field office, service center, and national average by type of applications or petitions. It appears that the agency is experiencing an increased volume of cases that require processing and adjudications.

10/24/2011: Re-Design of H-2A Program Website by the OFLC

• The Office of Foreign Labor Certification announes that it has redesigned its H-2A program website to make it more user-friendly. The new design combines many useful links and features into a single portal. For the details, please click here.

10/21/2011: Misunderstood Sens. Schumer-Lee's New Home Owner Visa Bill

• This bill has been widely publicized, especially by real estate market community in the U.S. The bill which was introduced yesterday in the Senate by Senator Chuck Schumer of New York and Senator Mike Lee of Utah is named "Visa Improvements to Stimulate International Tourism to the United States of America Act" [VISIT-USA Act], S. 1746, is not to grant a permanent resident visa but a nonimmigrant visa to stay and live in the U.S. for the rich foreigners by buying at least $250,000 value home and additional $250,000 or more in other residential properties for rental or other purposes. The full text of this bill is yet to be published but report indicates that the skeleton of this bill appears to contain the following:
  • 3-year visa for such home owners which is renewable every three years
  • Not being an employment visa, the employment authorization is not attached to the visa
  • Purchase has to be in cash, with no mortgage or home equity loan allowed
  • Property must be bought for more than its most recent appraised value
  • Buyer will have to live in the home for at least 180 days each year
  • Buyer will no longer be eligible for the temporary visa if the property were sold.
  • Buyer will be able to bring a spouse and minor children to live in the U.S.
• As separate from the new home owner visa provisions, the bill will include the following provisions to attract more Chinese and Canadians:
  • Multiple 5-year visitor's visa for Chinese
  • Canadians stay in the U.S. without a visa for long than 6 months.
• It is likely that the full text of the bill become available either Monday or Tuesday. Here is one of the two bill sponsors, Senator Mike Lee's press release. Please stay tuned to this website for the full text of the bill. One just wonders, though, where this country is heading.

10/21/2011: Recent Noticeable Slow-Down of USCIS H-1B Processings Frustrates H-1B Employers

• Recently, for unknown reasons, the H-1B petition processing times have stretched out beyond the posted two months frustrating the businesses and employers that need high tech foreign workers. Growing restrictions and complication of the H-1B petitions and slow-pace of H-1B processing and higher denials reportedly has Indian authorities to have lodged a complaint with the U.S. Department of Trade. Read on.

10/21/2011: Congressional Research Services' Report of Immigration Legislation and Issues in the 112th Congress, 09/30/2011

• This report reviews various immigration legislation and issues faced by the 112th Congress across the board. Read on.

10/20/2011: Hon. USCIS Director Mayorkas' Message of Returning to Prior Practice of Serving Original Notices to Representatives

• We have received the following notice from Mr. Mayorkas. With gratitude, we like to post the entire text as follows:
  • A year ago, USCIS initiated an internal system change that altered where we send receipt notices (I-797). Last month, when the change went into effect, we heard from stakeholders that this change had an unintended negative external impact. We scheduled a stakeholder meeting, gained an understanding of the impact, and have decided to return to our previous practice of sending the original notice to the attorney or accredited representative's address listed on the Form G-28. A copy will be sent to the address provided by the applicant or petitioner in the applicable form. This change will take effect in approximately six weeks due to the need to re-program our system. We appreciate the feedback you provided.
• We are very grateful that Mr. Mayorkas has heard enough of the confusions and problems which have been created by its change of policy serving the original notices directly to the petitioners and applicants. There are too many problems and panics to cite which the changed policy has caused to the stakeholders, immigrants, petitioners, and beneficiaries. Indeed, that was one of a few unfortunate changes of policies this reporter has witnessed over the past 28 years which have stirred such a confusion and panic to the consumers with no overwhelming purposes served by the change and with a questionable process of change. Thank you, Mr. Mayorkas, for your listening ears, as always, and correcting the problem.

10/20/2011: N-Forms Naturalization Application Filing Address Change to Lockbox Effective 10/30/2011

• USCIS has announced that it is changing the N-Forms filing procedure and effective October 30, 2011, the applicants should file the applications to a Lock Box. There will be a grace period during when the applications which are received by the field offices will be forwarded to the Lock Box. For details, please read the announcement.

10/20/2011: USCIS Decision to Postpone Launch of "Pre-Registration" Requirement for Annual H-1B Cap Filing

• Honorable Mayorkas, the Director of USCIS has notified that although the USCIS intended the process to be more efficient and cost-effective for businesses, the thoughtful public comments the USCIS received indicated that this system would in fact create many challenges for businesses, and therefore the USCIS decided to postpone issuing a final rule and instead assess how the proposed rule's objectives can be achieved within the framework of our ongoing Transformation initiative. Thank you, Mr. Mayorkas. You are wonderful!

10/20/2011: Full Text of House Chaffetz-Smith ‘‘Fairness for High-Skilled Immigrants Act’’

• This is the House bill almost everyone in the employment-based immigrant community and business comminity is anxious to see enacted as soon as possible by removing per country limitation. Since the House has not been in session, it will not move at this time, but once the House returns to the session, we will see some development involving this bill. Please stay tuned.

10/20/2011: Senate Bill Granting Green Card on Buying Half a Million Dollars House(s) Reportly on its Way

• Report indicates that two bi-partisan Senators are preparing a bill that offers visas to any foreigner making a cash investment of at least $500,000 on residential real-estate—a single-family house, condo or townhouse. Applicants can spend the entire amount on one house or spend as little as $250,000 on a residence and invest the rest in other residential real estate, which can be rented out. Please stay tuned.

10/19/2011: H-1B Cap Count as of 10/14/2011

• Regular cap: 43,300
• Master cap: 19,600

10/18/2011: USCIS Releases Processing Times Update on 10/18/2011

• Please see our home page.

10/17/2011: USCIS Releases Q&A with AILA on Various Issues 10/05/2011

• Some Q&As may be too technical for lay people to understand, but there are some Q&As that are easy to understand and that affect employment-based immigrants. Read on.

10/17/2011: Official PERM Processing Times as of 10/11/2011

• Analyst Review Track (Nonaudit Cases): July 2011
• Audit Track: February 2011
• Reconsideration Request Track: June 2009
• Government Error Track: Current

10/17/2011: Proposed Address Change Forms, EOIR 33/BIA and EOIR 33/IC, EOIR, U.S. Department of Justice

• These forms will be proposed for the aliens in BIA or Immigration Court proceedings to report change of address. Please stay tuned.

10/14/2011: Sudan TPS 18-Month Extension and EAD Automatic Extension Effective 11/03/2011

• For details, please read the DHS announcement. For procedural details and requirements, read also fact sheet.

10/13/2011: House Judidiciary Full Committee Mark-ups of Immigration Bills - 10/13/2011 and 10/14/2011

• H.R. 2870, the ``Adam Walsh Reauthorization Act of 2011''
• H.R. 3012, the ``Fairness for High-Skilled Immigrants Act.'' [Chaffetz bill to eliminate the per-country numerical limitation for employment-based immigrants and to increase the per-country numerical limitation for family-sponsored immigrants]

10/12/2011: Monthly Processing Statistics of Immigrant/Nonimmigrant Applications and Naturalization Applications between 08/2009 and 08/2011

10/12/2011: USCIS Naturalization Applications Processing Statistics at the End of August 2011

10/12/2011: USCIS Immigrant and Nonimmigration Applications Processing Statistics at the End of August 2011

10/12/2011: OFLC Releases 117-Webpage Foreign Labor Certification Annual Report [October 1, 2009 - September 30, 2010]

• As stated by the OFLC in releasing this material today, this 2010 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2010. In addition, this report contains valuable information on State Employment-Based Immigration Profiles, Permanent Education Certification Statistics, H-1B Education Certification Statistics and Country Employment-Based Immigration Profiles, etc. etc. Very helpful material to review.

10/12/2011: Testimony of Witnesses at Today's Hearing before House Immigration Subcommittee on "U.S. Immigration and Customs Enforcement: Priorities and the Rule of Law"

• Judiciary Chairman Lamar Smith Statement
• John Morton , ICE Director (Execuse moi! Assistant Secretary)
• Chris Crane, President, National ICE Council
• David B. Rivkin, Jr., Partner. Baker & Hostetler, LLP
• Ray Tranchant, Director, Advanced Technology Center, Tidewater Community College
• Paul Virtue, Partner, Baker & McKenzie LLP
  

10/12/2011: Another Employment-Based Immigration Reform Bill Introduced in the House on 10/11/2011

• Rep. Raul Labrador of Idaho introduced yesterday in the House H.R.3146 to promote innovation, investment, and research in the United States. This bill is cosponsored by: Rep Robert Dold of IL, Rep Tim Griffin of Arkansas, Rep Dennis Ross of Florida, Rep James Sensenbrenner of Wisconsin, and Rep Kevin Yoder of Kansas. For the full text of the bill, please revisit this posting later.
  

10/11/2011: OFLC Revises FAQ 10/07/2011 on PWD for College/University Teachers Special Handling PERM Application

• The new FAQ indicates that a prevailing wage determination must be obtained from the NPWC even if the employer is filing an application for a college or university teacher under the optional recruitment and documentation procedures provision. Because the Department of Labor’s PERM regulations require the employer to certify that the offered wage equals or exceeds the prevailing wage determined pursuant to the prevailing wage provision at 20 Code of Federal Regulations §§ 656.40 and 656.41, the employer must obtain a prevailing determination from the NPWC in order to meet that requirement. Read on.

10/11/2011: H-1B Cap Count as of 10/07/2011 and Comparison With Last Year Trend

• Regular cap: 41,000 (Last year, the cap count on 10/08/2010 was 41,900. Therefore, regular cap for this year is following the last year's trend very closely)
• Master cap: 19,100 (Master degree cap is approaching annual cap limit of 20,000. Once cap is reached, they will take out regular cap numbers. The Master cap count on 10/08/2010 was 15,400. Thus this year's Master cap is being exhausted much faster than last year. Meaning that increased number of foreign students earning a Master degree in the U.S. are applying for the H-1B visa status in a larger number. Only U.S. Master degree earners are eligible for the 20,000 special cap numbers. Hmm..... Interesting!)

10/11/2011: USCIS to Extend TPS Designation and EAD for Hondurans, Nicaraguans, and Salvadorans

• USCIS is seeking approval from the White House/OMB for extension of this program for the qualified three Central American Country nationals in the U.S. Please stay tuned for development of this news.

10/09/2011: Reportedly USCIS Refused AILA's Request to Return to Previous Practice of Serving Original Receipt Notices and Approval Notice on Legal Representatives

• Despite the fierce demand by the AILA to cease the new practice of USCIS of serving original notices on petitioners or applicants instead of their legal counsels, reportedly the USCIS has rejected such demands. The USCIS is scheduling a teleconference on this subject as follows:
  • Time and Date: Wednesday, October 12, 2011 at 2:00pm (Eastern). The purpose of this engagement is for stakeholders to provide feedback that will assist the agency in identifying the impacts of this change on the stakeholder community.
  • How to Join: Email to public.engagement@dhs.gov: Reference "I-797" in the subject line of your email. On the day of the teleconference, dial (888) 323-2715 and provide the following passcode: 797. USCIS recommends calling in 10-15 minutes prior to the start of the teleconference.
• Considering the controversy surrounding this action of the USCIS, stakeholders and public are encouraged to participate and address their opinions and problems they are encountering.

10/09/2011: House Judiciary Immigration Subcommittee Schedules Hearing on the Issue of Prosecutorial Discretion Policy of USICE

• The Immigration Subcommittee will open a hearing on Wednesday, 10/13/2011, on the subject. ICE Prosecutorial Discretion Memorandum is likely grilled by the Republican members of the Subcommittee. Currently, the Memorandum is yet to be implemented in full and the involved agencies including ICE field offices, Immigration Court under the Department of Justice, and other involved agencies have been awaiting further instructions on implementation of this memoranum from higher-ups! Currently the agencies appear to narrowly focus on those in enforcement proceedings, frustrating the DREAMERs and those who have yet to be detected by the agencies for enforcement. Please stay tuned to this website for further development of this news.

10/08/2011: Full Text of Rep. Zoe Lofgren H.R. 3119 Bill

10/08/2011: Rep. Zoe Lofgren Summarizes Main Features of H.R. 3119 Which She Introduced in the House Yesterday

• Eliminating per country limits on the employment-based side (with a three year phase-in);
• Raising the per country limit on the family-based side from 7% to 15%;
• Expanding “AC-21” protection to include L and F visa holders, giving them the same protections H-1B visa holders currently have;
• Creating a new “W” temporary visa for the spouses and minor children of lawful permanent residents (LPRs) caught in the green card backlogs; and
• Recapturing unused employment-based and family-based green cards to shorten green card backlogs.

10/08/2011: USCIS Releases on 10/07/2011 Policy Memorandum on Model Plan for Administrative Naturalization Ceremonies

• This policy and procedure have been in effect since 09/20/2011 but released on 10/07/2011. In old days, only federal judge could administer the oath at the naturalization ceremonies but since October 1, 1991, the law has extended the authority to naturalize individuals to the DHS. Under the DHS authority, USCIS organizes and oversees administrative naturalization ceremonies designed to welcome new citizens, recognize the value of citizenship, and offer participants practical information about the rights and responsibilities associated with U.S. citizenship. This memorandum gives details on such administrative naturalization (citizenship) ceremonies and ceremony procedures and those who are scheduled to attend the ceremonies may read this policy memorandum. We will keep this memoranum posted at our home page.

10/07/2011: USCIS Appeal (AAO) Processing Times of 10/01/2011

10/07/2011: Per-Country Limitation Elimination Bill H.R. 3119 in the House

• Rep. Zoe Lofgren of California introduces yesterday H.R.3119 to remove the per-country limitation on employment-based immigrant visas and to adjust the per-country limitation on family-sponsored immigrant visas. This bill is co-sponsored by Rep. Gutierrez of Illinois.

10/06/2011: DOL Releases Latest Foreign Labor Certification Annual Report [10/01/2009-09/30/2010]

• Read the details of their foreign labor certification processing record including statistics by various different standards.

10/06/2011: Latest FY 2012 H-1B Cap Count as of 09/23/2011

• Regular cap: 36,300 (out of 65,000 cap).
• Master cap: 17,700 (out of 20,000 cap).

10/05/2011: Where is the Official October 2011 Visa Bulletin?

• See our home page.

10/05/2011: Official November 2011 Visa Bulletin

• DOS Prediction for China and India EB-2 Availability in the Coming Months: The November EB-2 cut-off date for applicants from China and India is the most favorable since August 2007. This advancement is expected to generate significant levels of demand based on new filings for adjustment of status at USCIS. While significant future cut-off date movements are anticipated, they may not be made on a monthly basis. Readers should not expect such movements to be the norm throughout the fiscal year, and an eventual retrogression of the cut-off at some point during the year is a distinct possibility. Ouch!

10/05/2011: Unconfirmed November 2011 Visa Bulletin

• This data has yet to be verified and confirmed. Although it looks legitimate, reader should not rely on this data until it is confirmed. Please stay tuned.

10/05/2011: State Department Releases Data on Annual Numerical Limits for FY-2012

• Read on.

10/05/2011: State Department Releases Demand Data Used in the Determination of the November 2011 Employment Preference Cut-Off Dates

• This is the data as of October 4, 2011.

10/05/2011: Interesting Speculation of 70-Year Wait for EB-3 Indians

• Hmm.............

10/05/2011: Alabama Loses Workers as Restrictive State Immigration Law Takes Effect

• Report indicates that undocumented foreign workers leave the state as the new state immigration takes effect. Who will be the victims?!

10/05/2011: Text of Witnesses at Today's House Judiciary Immigration Subcommittee "STEM" Hearing

• Please stay tuned to the text of the testimonies of these witnesses.
  • Chairman Lamar Smith Statement
  • Darla Whitaker, Senior Vice President, Worldwide Human Resources, Texas Instruments
  • Vivek Wadhwa, Director of Research, Center for Entrepreneurship and Research Commercialization
  • B Lindsay Lowell, PhD, Director of Policy Studies, Institute for the Study of International Migration, Georgetown Univeristy
  • Barmak Nassirian, Associate Executive Director, American Association of Collegiate Registrars and Admissions Officers, Washington, DC

10/04/2011: Senate Judiciary Immigration Subcommittee Hearing 10/04/2011: “America's Agricultural Labor Crisis: Enacting a Practical Solution”

• The Congress is currently under a tremendous pressure from the agricultural industry for the shortage of farm workers. It appears that the shortage has been created by a couple of key factors, among others. One is the chanages in inflow of undocumented aliens from the southern borders and recent exodus of undocumented workers. The other is the increased immigration enforcement at the job sites and communities and legislative flaws to institutionalize the migrant workers or legalize the undocumented workers. On the House court, bills have been introduced to reform the current system that manages legal migrant workers. It is curious whether the Democratic Senate subcommittee focused on other issues involving the farm worker sources. The following witnesses testified at the hearing today.
  • Sen. Chuck Schumber
  • Sen. Patrick Leahy
  • Gary W. Black, Commissioner, Georgia Department of Agriculture, Atlanta, GA
  • Tom Nassif , President and CEO, Western Growers Association, Salinas, CA
  • Robert A. Smith, Senior Vice President, Farm Credit East, Cobleskill, NY
  • Dr. Ronald D. Knutson, Professor Emeritus, Texas A&M University, College Station, TX
  • Arturo S. Rodriguez, President, United Farm Workers of America, Keene, CA
  • Connie Horner, President, Horner Farms, Inc, Homerville, GA
  • Eric Ruark, Director of Research Federation for American Immigration Reform (FAIR), Washington, DC

10/03/2011: H-2B Employers That Received Supplemental PWD in Anticipation of 09/30/2011 Effective Date Do Not Need to Pay Supplemental PWD Rate

• Office of Foreign Labor Certification has the following message: "In light of the Department's recent decision to postpone the effective date of the Wage Rule until November 30, 2011, we have published this subsequent Federal Register Notice to provide guidance to those employers who received supplemental prevailing wage determination that have now been delayed. The notice confirms that employers who received a supplemental H-2B prevailing wage determination in anticipation of the September 30, 2011 effective date are not required to pay, and the Department's Wage and Hour Division will not enforce, the wage provided in those supplemental prevailing wage determinations for work performed through November 29, 2011."

10/01/2011: House Judiciary Immigration Subcommittee Hearing on "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?"

• Wow, when it comes to the employment-based immigration reform, the House takes a leadership over the Senate. On Wednesday, 10/05/2011, the House Immigration Subcommittee is scheduled to have a hearing on the above entitled subject. Of course, STEM is abbreviations of Science, Technology, Engineering, and Mathematics, which are the areas where the United States are left behind of some of other countries because of its flaws with the education system and lack of long-term visions of its leaders over the nation's future. In Asia, there is an old saying that it takes "100 years" to see impact of education on the society and life and thus the rulers should have a long term vision over the future of the society 100 years ahead, and plan and implement educational reform with the vision of future of the nation and life of people 100 years in the future!
• Reality is that no matter who should be blamed for the current state of the nation, the nation needs STEM brains to hang on to its last straw of leadership in the global economy and society. Chunk of these brains are currently supplied by foreign STEM brains. Problem is these foreign STEM brains have been slowly drained by two developments: One is the incentives that have been offered by other growing economic power nations attracting them to their countries. The other is a serious flaws with the employment-based immigration system in this country. This is reportedly expressed by such a business magnet as the New York City Mayor, Mr. Bloomberg, as "National Suicide." Even though it is miles too late, we welcome the House leadership to take initiaves and open a dialogue to discuss the current state of crisis. Please stay tuned to this website for the text of witness testimonies and development of this legislative initiatives.

09/30/2011: It is Official! Originals of All the Filing & Approval Notice Mailed to Petitioner/Applicant, Not to Lawyers!

• The USCIS released to the stakeholders today, 09/30/2011, all the notices, I-797 original will be mailed to the address of the petitioner or applicant and not to the lawyers. The lawyers will receive only courtesy copies. In the case of petitions, petitioners (in case of employment-based cases - employers) should pay close attention to the incoming mails. In the case of applications, individual persons should watch incoming mails very carefully. One issue that can arise is the dymics of the relationships between the petitioners (employers) and the alien beneficiaries. The employers will have increased control and power over the process and the alien beneficiaries since it will remain in the hands of employers as to when and whether they will give the alien beneficiaries the new I-94 that comes with the original approval notices. In worst case, some abuses can take place by the employers. Watch out! Read the USCIS official notice.

09/30/2011: H-1B Cap and Restrictive EB Green Card Polies are 'National Suicide'?

• The Mayor Bloomberg of New York City thinks so. Please read this interesting news.

09/29/2011: CRS Report of 09/22/2011 on Unauthorized Aliens Residing in the United States: Estimates Since 1986

• This Congressional Research Service's report will obviously affect the nation's debate on the immigration reform.

09/29/2011: DOL Guidance on H-2B Wage Methodology Rule Postponement to 11/30/2011 and Impact on Prevailing Wage Determinations

• This guidance which will be officially published tomorrow gives the details of the background involving the postponement and how they are dealing with the H-2B wage determination. Those who are involved in the H-2B program should review this guidance.

09/28/2011: DOL Revises on 09/28/2011 the Following FAQ for College or University Teachers Special Handling National Professional Journal Recruitment

• Question: Is the employer permitted to use an electronic or web-based national professional journal instead of a print journal when conducting recruitment under the Department of Labor (Department) regulations at 20 Code of Federal Regulations (CFR) § 656.18, Optional special recruitment and documentation procedures for college and university teachers?
• Answer: Yes, an employer may use an electronic or web-based national professional journal to satisfy the regulatory provision at 20 CFR § 656.18(b)(3), which requires use of a national professional journal for advertisements for college or university teachers. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal’s website. Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement.
  Revised September 28, 2011

09/28/2011: USCIS Adjudication of Employment-Based Immigration Cases (I-140 + I-485) as Reflected in its July 2011 Trend and Volume of Processing Statistics

• The statistics reflect the following:
  • It appears that the agency's petitions and applications files must have been frozen in June 2011 since it shows that in all types of cases, it practically stopped. They could have annual internal audits of files at the time.
  • I-140:
    • National: The backlog had continuously increased from February 2010 until April 2011 and it started slow-down during May, June, and July 2011. As of July 2011, the backlog reached close to 30,000 cases.
    • NSC: Backlog continuously increased from about 3,500 cases in January 2011 to about 9,000 cases in July 2011. This backlog volume of NSC is only about half of the total backlog volume of TSC.
    • TSC: The backlog had continuously increased from about 7,500 in January 2010 to over 25,500 cases in April 2011. The backlog then started slow-down since April 2011 to about 20,000 cases reflecting the TSC efforts to reduce the I-140 backlog. Still, however, its backlog volume is more than double of the NSC I-140 backlog volumes.
  • I-485:
    • National: The backlog has continuously increased from about 170,000 cases in May 2010 to almost 240,000 cases as of July 2011. Meanwhile, preadjudicated volumes have continuously fallen down from about 200,000 cases to about 100,000 cases in July 2011. The following two Service Center record plus this national record reflect that probably the USCIS has either altogether suspended or substantially reduced preadjudication of I-485 applications.
    • NSC: As of July 2011, it had about 50,000 pending cases and about 50,000 preadjudicated cases. The number of preadjudicated cases had continuously dropped in NSC as reflected in the national total.
    • TSC: As of July 2011, it had about 55,000 pending cases and about 40,000 preadjudicated cases. Again the preadjudicated cases had continuously slided down.
• Overall, the USCIS processing and adjudication of I-140 and I-485 cases have shown continuing backlogs and reflect some probable policy changes in pre-adjudication of I-485 applications. This analysis may or may not reflect correct assessment. Readers are advised to assess the data from the USCIS National Trend and Volume Processing Statistics as at the end of July 2011.

09/28/2011: Effective 09/29/2011, CBP to Discontinue H-2A and H-2B Temporary Worker Visa Exit Program Pilot

• Since December 8, 2009, the U.S. Customers and Border Protection (CBP) required temporary workers in H-2A or H-2B who enter the United States at the port of San Luis, Arizona, or the port of Douglas, Arizona, to depart (at the time of their final departure) from these respective ports and to submit certain biographical and biometric information at one of the kiosks. Effective 09/29/2011, the CBP will discontinue this requirement, according to its notice which will be published in the federal register tomorrow. Accordingly, any alien that is admitted on an H-2A or H-2B visa into the United States at the ports of San Luis, Arizona, and Douglas, Arizona, will no longer be subject to the requirements of the program pilot. Aliens who have already been admitted on an H-2A or H-2B visa to the United States at the ports of San Luis, Arizona and Douglas, Arizona will not be required to depart the
  United States from San Luis or Douglas and will not have to submit the biographical or biometric information that was required under the pilot program.
• Regardless of their date or place of admission to the U.S., all H-2 workers are subject to the procedures governing H-2 nonimmigrants generally. H-2 workers are issued a Form I-94, Arrival/Departure Record, upon admission to the U.S. The form indicates the date of admission to the United States, the nonimmigrant classification, and the authorized period of admission. Once admitted to the United States, H-2 workers are required to comply with all terms and conditions of their admission and depart the United States on or before the expiration of the authorized period of stay unless the worker properly extends his or her status or changes his or her status and extends his or her period of authorized admission. H-2 Workers must surrender the departure portion of the Form I-94 upon final exit from the United States. For the full text of this notice, please click here.

09/28/2011: State Department Announcement of Global Undergraduate Exchange Program in Serbia and Montenegro

• The State Department announces that it will initiate an open competition for the administration of the FY 2012 Global Undergraduate Exchange Program in Serbia and Montenegro (UGRAD). The total amount of funding for this award will be up to $1,537,575, pending the transfer of Assistance for Europe, Eurasia and Central Asia (AEECA) funds for obligation in FY 2012. Public and private non-profit organizations meeting the provisions described in IRS regulation 26 CFR 1.501(c) (3) may submit proposals to administer the placement, monitoring, evaluation, followon, and alumni activities for the UGRAD program. This announcement will be officially published tomorrow. For the full text of the announcement, please click here.

09/27/2011: Fiance Petition (I-129F) Approval Issued VAlid for a Period of Four Months Less One Day

• The Vermont Service Center September Newslettre indicates that the agency is issuing approval notice of fiance petition valid not for 90 days but four months less one day. Until now, the approval notices have been issued with the valid period of 90 days. That should help.

09/27/2011: DHS Proposed Rule on Special Determinations on EB-5 Investment Immigration Applicants or Petitioners Approved by former INS After 01/01/1995 and before 08/31/1998

• This rule implements Section 11031 of Public Law 107-273, provisions of the 21st Century Department of Justice Appropriations Authorization Act of 2002 that provides a small group of aliens whose EB-5-related petitions or applications were pending at the time of the precedent decisions with an opportunity to perfect their original investments or make additional business investments in the United States and create the requisite jobs so that they can remain in the United States as lawful permanent residents. Those investment immigrats who were affected by this special legislation should read this proposed rule carefully to see whether they can get a relief. This proposed rule will be published in the federal register tomorrow.
• For the USCIS announcement of this rule, please click here.

09/27/2011: DOL Federal Register Notice of Postponment of Effective Date of Wage Methodology for the Temporary Non-Agricultural Employment H-2B Program

• This notice will be published tomorrow. The effective date of this final rule will be pushed off to November 30, 2011. Read on.

09/27/2011: Potential Shut-Down of Federal Government Averted

• As reported widely in the media, the Senate reached a compromise with the House House continuing resolution bill to keep the federal government opened until 11/18/2011. Accordingly, all the immigration businesses of the federal agencies will move on as usual at least until November 18, 2011.

09/25/2011: House Members Gone Home Thru End of September 2011 and No Federal Stop-Gap Budget for the Federal Government

• As we reported yesterday, the House passed the stop-gap federal budget named continuing resolution and went into the recess. The House members are gone and not in Washington D.C. The Senate rejected this bill. Now what? It is obvious that the Senate will not pick up the House passed bill and pass it. Will the House members return to the Hill on emergency? Reports indicate that the chances are slim. Legally, though, the House is not completely closed in that it is in pro forma session, during when the President cannot exeercise his power of pocket veto. Additionally, even in the absence of most of the members, the House can still pass a bill on "unanimous consent." Again reports indicate that under the circumstances of the Tea Party members having their teeth in the House legislative process, such unanimous vote in absentia appears to be not too promising.
• Why do we report all of these? Because the immigration business is at stake. All the immigration and related decisions and proceedings are federal government business. Shut-down of federal government will critically affect the lives of some immigrants, their relatives, and their employers. Watch how the drama will unfold in the coming week! With the fall colors showing around, what a spoiler to our lives and opportunity to enjoy the fall colors and to feel nostalgic, emotional solitude, and "mellow!"

09/24/2011: Update of Continuing Resolution in the Congress to Keep the Federal Government Open on October 1, 2011

• The House passed its continuing resolutions accomodating disaster relief funding which has been a bottleneck between the Republicans and the Democrats. Guess what. The Senate failed to pass the House bill on a different funding issue. Accordingly, the news of potential shut-down of the federal government on October 1, 2011 remains intact unless these ladies and gentlemen in the Hill put their acts together to reach a compromise and pass the continuing resolution.

09/24/2011: DOL Postones Effective Date of H-2B Wage Determination New Methodology Rule to 11/30/2011

• The DOL published a final rule on Jan. 19, 2011 that revised the wage methodology for the H-2B program and set the effective date of the wage rule as January 1, 2012. A U.S. District Court invalidated that date and ordered the DOL in June 2011 to announce a new effective date within 45 days. In response to that court’s order, the DOL issued a notice of proposed rulemaking on June 28, 2011 proposing that the wage rule take effect 60 days from the date of publication of a final rule. After a period of public comment, the DOL published a final rule on Aug. 1, 2011 setting the new effective date for the wage rule as September 30, 2011 without altering the substance of the rule. This schedule pushed the DOL to recalculate wage rate for a large number of H-2B cases, causing the suspension and delay of PERM prevailing wage determination to focus its work forces in the H-2B cases. The event was followed by some mandamus lawsuits in federal courts by employers seeking PERM prevailing wage determination. Now DOL has decided to delay revising wage calculation for H-2B program until the end of November 2011 to avoid administering the H-2B program under potentially conflicting court orders. Read on.
• This decision appears to be forced by the temporary restraining order against the new methodology rule by a federal district court. Read on.

09/23/2011: Two House Congressmen Including Rep. Lamar Smith of Texas Introduced "Legal" Immigration Reform Bill

• Rep. Jason Chaffetz from Utah and Rep. Lamar Smith introduced H.R.3012 yesterday to eliminate the per-country numerical limitation for employment-based immigrants, to increase the per-country numerical limitation for family-sponsored immigrants, and other changes. This appears to be a good gesture for these legislators to highlight their opposition to immigration reform legalizing undocumented aliens but to welcome legal immigrants. Read Rep. Chaffetz release of the information. This bill is likely to face stiff controversy and opposition in both chambers of the nation's legislature. This Congressman has been closely following and supporting Rep. Lamar Smith's recent immigration bills, including the Legal Workforce Act and American Specialty Agriculture Act. For a news report, please click here.

09/23/2011: H.R 3024 to Reform H-2A Visa Program

• Rep. Richard Hanna from New York introduced H.R.3024 in the House yesterday proposing to create a special class of H-2A workers who may be admitted to work as sheepherders or dairy workers. This is a third House bill
  in the House proposing to reform the current H-2A temporary agricultural worker visa system to aid the farm industry with the growing problem of farm worker shortage problems.

09/22/2011: State Department to Initiate and Conduct On-Site Reviews of Summer Work Travel Program (Exchange Visitor Program) Sponsors (Initially 14 Largest Sponsors)

• State Department will publish a notice tomorrow that in order to enhance its continued oversight and monitoring of designated sponsors, the Department intends to conduct on-site reviews of sponsors in the Summer Work
  Travel Program to evaluate regulatory compliance with Program regulations. The Summer Work Travel Program provides foreign college and university students the opportunity to work and travel in the United States during their extended academic break (i.e.,summer vacation) for a period not to exceed four months. The State Deparment implement this program in three steps:
  • Step one occurred in January 2011 when the Department adopted a pilot program to enhance protections for foreign nationals from Belarus, Bulgaria, Moldova, Romania, Russia, and the Ukraine (“Pilot Program”).
  • Step two was the Interim Final Rule, which incorporated many of the concepts of the Pilot Program into the overall Summer Work Travel program regulations.
  • step three, the Department intends to conduct on-site reviews of the largest Summer Work Travel program sponsors to monitor sponsor performance, “to assess categorywide regulatory compliance and to consult with sponsors about implementation of the Interim
• Final Rule.” The Department’s close monitoring of Summer Work Travel sponsors during the summer of 2011 has resulted in a modification to its plans for on-site reviews. Specifically, the Department evaluated all Summer Work Travel sponsors’ compliance with program regulations regarding the maintenance of current and accurate records in the Student and Exchange Visitor Information System (SEVIS) for the period September 1, 2009 through August 30, 2010. It also reviewed Summer Work Travel-related complaints for the 2011 summer season and monitored the media for additional reports of program problems. As a result of these efforts, the Department has determined that it will not visit sponsors based solely on their size, but instead will conduct compliance reviews of those designated sponsors whose compliance with the relevant Exchange Visitor Program regulations deserve closer examination by the Department.
• Currently there are 51 designated exchange sponsor entities in the Summer Work Travel category. Of those, the Department has identified 14 sponsors that will be part of in the upcoming compliance review. Although the Department may later decide to evaluate additional sponsors, at this time, it intends to visit these 14 sponsors (which together sponsor approximately 65% of all Summer Work Travel participants) sometime between October and December 2011. On average, it is expected that each on-site review will take two full business days and will be preceded ten work days’ in advance by written notice and a request for certain specified documents. For the details, please read the full text of the advance copy of its notice.

09/22/2011: Congress Failure to Pass FY 2012 Appropriation Legislation and Looming Potential for Federal Government Shut-Down on 10/01/2011

• Report indicates that the House failed to pass a continuing resolution to fund the federal government until November 18, 2011 for the dispute over the disaster relief funding issue. October is the month Congress goes into the recess. However, unless the Senate and the House pass a continuing resolution before the end of next week, there will be a federal government shut-down.
• What happens if there is a federal government shut-down? The USCIS is fee-funded agency except a small portion of its budget which is funded by tax money and the USCIS is likely to remain in operation. However, its related immigration services provided by other government agencies may face shut down. For instance, immigration courts and Board of Immigration Appeals under the U.S. Department of Justice, temporary and permanent foreign labor certification programs of the U.S. Department of Labor, etc. etc. Additionally, a number of federally-funded state and local services can also be affected.
• There was a state government shut-down in Minnesota in July 2011 because of the dirty politics and two-party confrontation at the state level. Guess how immigration was affected. In foreign labor certification proceeding, employers had to place job ordere with state government workforce agency job recruitment website. It was shut down too. Those employers who started the job order with the state job site panicked since the labor certification rule requires that the job order should remain open for "continuous" 30 days! What about others? The employers who had spent thousands and thousands of dollars for recruitment advertisements could not place job order at the state agency website. On and on and on...... No wonder why people started feeling negative about elected officials for their failure to represent peoples' interests. Well, that's the way it goes, I guess.

09/21/2011: Full Committee of House Judiciary Passed "Legal Workforce Act" H.R. 2885 at Today's Meeting by 22:13 Vote

• The Full Committee voted in favor of this bill as amended today. The amendment deleted the provision that would exempt returning farm workers from the E-Verify. This was removed. This bill will be scheduled for the House floor vote. There is no information available about the House floor schedule for this bill. Again, this is the bill to make E-Verify program permanent and mandatory. This bill is co-sponsored by 40 other House representatives.

09/21/2011: DOL ICERT LCA Online Filing System Glitch Fixed

• DOL has informed that the glitch has been fixed and employers can now file new LCA for H-1B just in the way they used to file it.

09/21/2011: ICE Special Relief Program for Libyan F-1 ESL Students

• This relief program was published in the federal register on 06/10/2011 to provide full time employment authorization and a reduced course load for Libyan F–1 nonimmigrant students experiencing severe economic hardship as a direct result of civil unrest in Libya since February 2011. ICE has released it detailed guidance on 09/14/2011 for the users of these program. Qualified Libyan F-1 students read this guidance.

09/21/2011: House Judiciary Full Committee Mark-Up Debate for Two Immigration Bills Today

• H.R. 2885 "Legal Workforce Act" which is very controversial to make E-Verify program permanent and mandatory.
• H.R. 2847 "American Specialty Agriculture Act" which proposes 500,000/year new H-2C agricultural guest workers (migrant workers) under U.S. Department of Labor.
• The debate will continue through tomorrow, 09/22/2011.

09/21/2011: "Permanent" EB-5 Regional Center (Investor Immigration) Program Legislative Bill Introduced in the House

• Rep. Rick Larsen of State of Washington introduced in the House yesterday H.R.2972 to permanently reauthorize the EB-5 Regional Center Program. In the Senate, Senator Leahy of State of Vermont has been advocating such bill for years. Such proposal has been gaining popularity lately both in the Congress, States, and Administration. The USCIS has lately taking EB-5 program as its high priority program and actively promoting the program as a means to create jobs.

09/21/2011: ICE Fact Sheet on F, M, J Visa Holders Application for Driver Licenses or State ID

• This fact sheet is released to give a guidance to the school DSO and foreign students or exchange visitors in F or M or J visas as to how they should apply for such benefits and how they should be prepared in order to apply for such benefits. This fact sheet is a very handy material which the foreign students and exchange visitors should read.

09/20/2011: ICERT Online Filing of H-1B Labor Condition Applications ETA 9035E Experiences Glitch Causing Filing Confusion

• There was outage of ICERT system yesterday morning for maintenance and the system returned to normal functioning before noon yesterday. However, employers are experiencing a problem of online filing of LCA because of the apparent glitch. Currently, employers are unable to file LCAs in the way the instruction directs. There are ways to file the LCAs even now bypassing the official filing instructions but we will have to wait and see for the sources of the problem. The OFLC is currently looking into the problem and expected to release some explanation soon. Please stay tuned to this website for the development of this news.

09/19/2011: USCIS Started Mailing Out Original Approval Notices to the Employers and Courtesy Copy to the Legal Representatives

• Until this change, the original approval notices had been served upon the legal representatives and courtesy copy of the approval notices without I-94 or consular processing document at the bottom had been served on the employers (petitioners). However, without any advance notice or release of information on the change of the practice, USCIS has apparently changed their practice and procedure. We are not sure whether they are doing this in preparation of implementation of the business transformation. Accordingly, the employers (petitioners) should watch and manage incoming mails very carefully from here on such that the original approval notices are not mishandled or lost in their massive incoming mails in the mail rooms. This may create a problem for the large corporations that deal with hundreds of mails small or large in all shapes everyday by mail processing people in the companies who have no knowledge whatsoever on the importance of mails from immigration agencies. Watch out!!!!!!!!!!!!!!!!!

09/19/2011: Important Reminder for Eligible Widows/Widowers for Deadline of Filing I-360 by 10/28/2011

• USCIS has released a reminder that eligible widow(er)s of deceased U.S. citizens must file I-360 Visa petitions by October 28, 2011. On October 28, 2009, the President signed the FY2010 DHS Appropriations Act into law, allowing eligible widows or widowers of U.S. citizens to qualify for permanent resident status regardless of how long the couple was married. The new law amends the Immigration and Nationality Act (INA) by removing the two-year marriage requirement previously necessary for a widow(er) to qualify for permanent resident status as an immediate relative of his or her late U.S. citizen spouse. Additionally, when a widow(er) qualifies as an immediate relative under the law, his or her unmarried minor children will also qualify for the same status. The law applies equally to widow(er)s living abroad, who are seeking immigrant visas and widow(er)s in the United States, who want to become permanent residents based on their marriage. These provisions of the FY2010 DHS Appropriations Act relate only to the impact of the citizen’s death on a widow(er)’s eligibility for classification as an immediate relative. If your U.S. citizen spouse died on or after October 28, 2009, you will have two years from the date of the citizen spouse’s death to file a Form I-360 petition. If your U.S. citizen spouse died before October 28, 2009, and you did not have a Form I-130 pending on October 28, 2009, you have until October 28, 2011, to file a Form I-360 Petition for you and your unmarried minor children.
• Please see the USCIS reminder.

09/17/2011: House Full Judiciary Committee Mark-up on 09/21/2011 of Two Recent Immigration Subcommittee Cases

• House Judiciary Immigration Subcommittee had hearings and passed the following two immigration bills. These bills will now be taken up by the Full Committee of the House Judiciary Committee next Wednesday. It is almost certain that these bills, which are sponsored by the Chairman, will also be passed in the Full Committee and move to the House floor sooner or later. These two bills are:
  • ``Legal Workforce Act'' H.R. 2885
  • ``American Specialty Agriculture Act'' H.R. 2847
• The first bill deals with mandatory and permanent E-Verify program, which is currently very controversial. The second bill to create a new H-2C visa program for 500,000 annual agricultural guest workers based on the attestations filed with the U.S. Department of Agriculture will also face some challenges on the House floor and a huge challenge in the Democratic pro-labor union and pro-CIR U.S. Senate.

09/16/2011: USCIS Updates Processing Times of All Service Centers and Field Offices 09/16/2011

• See our home page.

09/16/2011: All FLC Systems Site Outage Alert

• OFLC has announced that on Thursday, September 29th from 4pm to 8pm EDT, all FLC Systems will be unavailable as OFLC expands the backend storage system to improve its systems. Beware!

09/16/2011: ICERT Site Outage Alert

• OFLC has announced that on Monday, September 19th from 7am to 11am EDT, the iCERT System will be unavailable as OFLC implements improvements on system management of user profiles. Those who have file LCA, ETA 9141 should keep in mind this outage schedule.

09/16/2011: USCIS Announces Use of Fiscal Year 2011 Employment-Based Visa Allocations

• The Department of State has informed U.S. Citizenship and Immigration Services (USCIS) that all employment-based immigrant visas have been distributed for fiscal year 2011. Every fiscal year (October 1st - September 30th), at least 140,000 employment-based immigrant visas are made available to qualified applicants who seek to immigrate based on an offer of employment to the principal applicant. Applicants should note that USCIS will continue accepting adjustment of status applications based on the September visa bulletin through the entire month of September.
• This announcement makes it clear that those whose are within the September 2011 EB-visa cut-off date should keep filing EB-485 because exhaustion of FY 2011 EB visa numbers does not mean they cannot file new EB-485 applications inasmuch as their priority dates are within the cut-off date of the September 2011 Visa Bulletin.

09/16/2011: USPS Financial Crisis and Deteriorating Mail Delivery Problems Including Government Agency Mails

• Readers are well aware that they are experiencing mail delivery delays nowadays already. This news will give a clue as to what kind of mail delivery problems and delivery delays they will experience in the future. It may help commercial overnight delivery services businesses, but incoming mails from the government agencies are likely to witness tremendous delays in the future. This news release will further affect the USPS business and finance negatively since increased number of customers may stay away from US Postal Services as consumers may fear less reliability of their delivery of even priority mails and express mails. It is awful. The situation will be particularly noticeable in dealing with the employment-based immigration cases since these cases deal with remotely located Service Centers or Foreign Labor Certification Processing Centers or Visa Processing Agencies. Life is indeed changing. It is depressing.

09/16/2011: ICE Updates SEVP-Approved Schools List and SEVIS Approved Schools Map as of 09/12/2011

09/16/2011: Bill Introduced in the House to Exempt Tests for Natualization for Certain Elderly Persons

• Rep. Jerrold Nadler of New York introduced H.R.2957 yesterday proposing to exempt certain elderly persons from demonstrating an understanding of the English language and the history, principles, and form of government of the United States as a requirement for naturalization, and to permit certain other elderly persons to take the history and government examination in a language of their choice.

09/15/2011: Survivor Benefits Under INA §204(l) in Immigration Proceedings

• From time to time, petitioners of immigration proceedings including employment-based, family-based, and other benefits proceedings can pass away and surviving family members must know how they can proceed with the immigraion benefits under the Section 204(I) of the Immigration and Nationality Act. The Ombusman's Office of the CIS provided a teleconference on this important subject inviting USCIS officials and published a recap of the teleconference including summary of the law and questions and answers on September 11, 2011.
• In the past, only widows and widowers of U.S. citizens could continue to seek immigration status despite the death of their petitioning spouse. INA §204(l) expands eligibility for immigration survivor benefits to other categories of relatives, as well as to T and U non-immigrants, I-730 asylum derivatives, and derivative beneficiaries in employment and family-based preferences. Individuals seeking immigration survivor benefits under section 204(l) must have resided in the U.S. at the time of the qualifying relative's death; continue to reside in the United States at the time the immigration survivor benefits application is filed; and comply with all other residence and physical presence requirements applicable to those requesting Lawful Permanent Resident status. In certain circumstances, a survivor who would otherwise qualify under section 240(l), but for residing outside of the U.S. at the time of the qualifying relative’s death, might be allowed to request “humanitarian reinstatement” under 8 C.F.R. § 205.1(a)(3)(i)(C)(2) if he/she was the beneficiary of a petition approved prior to the death of the qualifying relative. While those seeking immigration survivor benefits under section 204(l) are still required to provide an Affidavit of Support (I-864), one may be obtained from a substitute sponsor.
• We recommend all the immigrants and their U.S. and permanent resident relatives take a time to review this recap. Here is the Recap of the Ombudsman's Office Teleconference.

09/15/2011: USCIS EB-5 Engagement Sessions for Last Days Turned Out to be Very Productive

• Yesterday and today, the Director of USCIS, Mr. Mayorkas himself, participated and actively interacted with the stakeholders and the public. Today's session alone, over 700 people participated in the session by telephone listening to heated discussions on various ideas and issues. The sessions produced many interesting ideas to make the EB-5 program more productive and attractive to generate and create jobs for the Americans. As reported yesterday, this reporter participated in the sessions by telephone. Among the ideas and issues which have been brought to the floor by the participants, this reporter found very interesting in hearing a participant bringing up an issue involving certain inherent flaw in the current Regional Center EB-5 program in successfully attracting and encouraging certain foreign investors to participate in the program. Under current law, certain nationals are unable to apply for E-2 nonimmigrant investor visas because E-2 visa can be applied only by certain nationals from certain countries that have investment treaties with the U.S. Since the green card approval takes a substantial period of time for the foreign investors through the Regional Centers, they face a problem of staying and working in the U.S. while waiting for the decision, not to mention potential risks of denial. Such countries include India and China. Since it is a legislative flaw inherent in the statute, there will be a limit the USCIS can alleviate the problem through such device as premium processing services and other administrative actions.
• It is interesting that the House Judiciary Immigration Subcommittee had a hearing yesterday on the investment visa program to discuss some ideas to make investment visa program successul on the one hand and to assure integrity in the management of the program. To the knowledge of this reporter, the foregoing legislative flaw has not surfaced at the hearing. We hope that Chairman Lamar Smith gets this message such that this issue is relected in the ongoing legislative process.

09/15/2011: FY 2011 Employment-Based Visa Numbers Exhausted as of 09/15/2011 and No EB Visa Number Will be Authorized to USCIS Until 10/03/2011

• AILA has reported that the State Department notified today the USCIS that no EB visa numbers would be authorized effective today because all the FY-2011 Employment Based visa numbers have been exhausted. The visa numbers will thus start being authorized beginning from 10/03/2011, the first business day of October when the October Visa Bulletin visa cut-off takes effect. Accordingly, the USCIS office will not be able to ask the EB visa number authorization to the State Deparment from today and until October 3, 2011. They will start authorizing visa number request by the USCIS offices beginning from October 3, 2011 covering all the eligible cases which had been entered into the pending Demand from 09/15/2011 through 09/30/2011 and those within the October cut-off date.
• What does this mean? Those EB cases which could have been completed adjudicated and approved during the next 15 days (the pending Demand data for the FY 2011 between 09/15/2011 and 09/30/2011) will experience a little bit of delay in obtaining visa number allocation for them until after October 1, 2011. There is no information available about what the September 2011 EB 485 Demand Data was transmittted to the Visa Services by the USCIS.

09/15/2011: Texts of Witness Testimonies at Hearing on "The Investor Visa Program: Key to Creating American Jobs" 09/14/2011

• Chairman Lamar Smith statement
• William Stenger, President & CEO, Jay Peak Resort, Jay, Vermont
• Daniel Healy, CEO, Civitas Capital Group, Dallas, TX
• Jason Mendelson, Managing Director, Foundry Group, Boulder, CO
• Shervin Pishevar, Managing Director, Menlo Ventures, Menlo Park, CA

09/14/2011: Latest FY 2012 H-1B Cap Count as of 09/09/2011

• Regular cap: 32,200 (out of 65,000 cap). *FY 2011 Regular cap count as of 09/10/2010 was 37,400. Accordingly, FY 2012 Regular H-1B Cap is moving slightly slower than FY 2011 pace. Remember that the practical "annual" Regular cap is 58,200 after taking out special numbers for Singapore and Chile Free Trade Agreement numbers.
• Master cap: 16,700 (out of 20,000 cap). *FY 2011 Master cap count as of 09/10/2010 was 13, 700. Accordingly, in FY 2012 the Master cap is consumed faster than FY 2011 and the Master cap may reach this year earlier than FY 2011. Once the Master cap reaches, the pace of Regular cap will start moving faster since the Master degree holders will start consuming H-1B Regular cap number.

09/14/2011: H-2B Cap Count as of 09/09/2011 for FY-2011 Second Half and FY-2012 First Half

• H-2B FY-2011 2nd Half Cap Count	H-2B FY-2012 1st Half Cap Count
  Total=30,982	Total Receipt=5,125
  Approval=30,008, Pending=974	Approval=3,756, Pending=1,369

09/14/2011: Senator James Inhofe of Oklahoma Introduces S.1545 Proposing Taiwan as a Visa Waiver Program Country

• Senator Inhofe introduced this bill, S.1545 yesterday in the Senate to designate Taiwan as a visa waiver program country. Under the current laws, there are certain standards a country has to meet to be designated as a VWP country. We will keep an eye on the development of this bill.

09/13/2011: USCIS Takes its Proposed Enhancements to EB-5 Program as One of the Top Priorities and Scheduled to Engage in Stakeholder Sessions Next Two Days

• Currently, implementation of enhancements to the EB-5 program is a high priority for USCIS. Director Alejandro Mayorkas will provide more information about the status of the proposed enhancements and other action items for this program in his first Conversation with the Director this Wednesday, September 14, and in the national stakeholder engagement on Thursday, September 15. USCIS is eager to implement all of the proposed enhancements to the EB-5 program that it first announced on May 19, 2011. USCIS is currently exploring how it can accelerate the implementation of premium processing, which customarily takes months due to the need to revise the applicable forms. USCIS is currently hiring economists and other experts that will enhance and accelerate the adjudication process and also help constitute the Decision Board that was first described on May 19.
• USCIS is implementing the first phase in a series of proposed enhancements to the EB-5 program. Beginning today, Form I-924 applicants will be able to communicate directly with USCIS adjudicators via e-mail in an effort to streamline the process and quickly raise and resolve issues and questions that arise during the adjudication process. The Form I-924 is the Application for Regional Center Under the Immigrant Investor Pilot Program. Information on how direct e-mail communication will work can be found in the Question and Answer.
• This reporter will participate in both sessions on 14th and 15th of September 2011 by telephone. This reporter thanks to Public Engagement Office of the USCIS for having accomodated the last minute registration to participate in the sessions.

09/13/2011: USCIS Policy Memorandum on Eligibility of VAWA Self-Petition by a Child after Reaching Age 21 but Before Age 25 Under Certain Conditions

• This Policy Memorandum of 09/06/2011 provides guidance to USCIS officers regarding continued eligibility for certain individuals to file a VAWA self-petition as a child after attaining age 21, but before attaining age 25, if the individual can demonstrate that the abuse was at least one central reason for the filing delay. The guidance contained in this Policy Memorandum is effective immediately and in advance of regulatory amendments.

09/13/2011: USCIS Alert - Avoid Misleading Online Businesses and Fees

• USCIS alerts immigrants against the misleading online immigration form preparation services charging fees.

09/13/2011: H.R. 2885 Bill Making E-Verify "Mandatory" and "Permanent"

• Yesterday, the House Judiciary Chairman, Lamar Smith introduced H.R.2885 to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system. This bill is likely to face a lot of controversies and challenges both in and out of Washington.

09/13/2011: Another H-2A Reform Bill H.R. 2895 Introduced in the House by Rep. Daniel Lungren of California

• This is another bill of agricultural temporary worker proposal to reform the currrent H-2A visa program which was introduced in the House yesterday by Rep. Daniel Lungren of California representing different farm community interests from the Rep. Lamar Smith's southern farm community interests, which we reported two days back.

09/12/2011: DV-2013 Lottery Instruction Released

• The online registration period for the 2013 Diversity Visa Program (DV-2013) will begin on Tuesday, October 4, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 5, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4).
• Ineligible country natives list: Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Jamaica, Mexico, India, Pakistan, Peru,, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

09/12/2011: OFLC Discourages Employers from Filing H-1B LCA Prevailing Wage Determination Requests

• As we have repeatedly reported, the OFLC is currently struggling to comply with a court order and process massive H-2B prevailing wage determination requests, which has in turn caused delays in processing of PERM prevailing wage determination requests and somewhat PERM applications themselves. To our shocks, the agency is reportedly receving 7,600 per week (!?) prevailing wage determination requests from H-1B LCA employers, despite the fact that the employers can use the OFLC's online data center wage figures themselves without requesting the wage determination by the OFLC. They report that facing these H-1B prevailing wage determination requests, they indicate that the overall prevailing wage determinations, particularly these H-1B cases, could experience delays. Employers should read the OFLC notice and may want to assist the OFLC and other employers by filing LCA using the online wage data on their own for LCA rather than filing the wage determination requests to the OFLC for H-1B Labor Condition Applications.

09/12/2011: Two Front Runner Republican Presidential Candidates Advocate Employment Based Immigration System Reform

• Report indicates that the two front runner Republican candidates propose reform of the current employment based immigration systems to keep the foreign brains in STEM in the country as a way of boosting the country's sagging economic power in the global world. Hm.................... How interesting! The Democratic candidate who is the current President also agrees to such proposal. One difference between the Republican candidates' promises and the Democratic candidate's promises can be that the Republican candidates are not in power, while the Democratic candidate is. Accordingly, unless President Obama put such idea into a motion and an action fast, it may be taken as an empty promise with potential political liability in the election strategy. In a sense, Rep. Zoe Lofgren's IDEA bill can be a face savior for the Democratic Presidential candidate inasmuch as the sitting President clarifies his position on this bill clear.

09/11/2011: Matthew Oh to Reinstate Question & Answer Session for Our Readers Effective 09/15/2011

• This reporter from time to time posted questions & answers infrequently in the past to help our readers to get some information on certain issues. This reporter stopped updating the Q&A site for quite a while. Lately, however, this reporter has received inordinate amount of demands from the readers to reinstate the site. This reporter has decided to accomodate the needs of our loyal readers in the sprit of the 10th Anniversalry of 9-11 tragedy. Readers are reminded of the following four points:
  • They should not expect that all of their questions will be handled in the Q&A. The Q&A will selectively report the issues.
  • They should present the questions anonymously or in general question rather than their own individual problems for the security sake. Email should be sent to Matthewoh.Attorney@Gmail.Com.
  • The answers this reporter will post will not be tied to any specific question or questions which this reporter received. The Questions and Answers will be posted HYPOTHETICALLY answering any specific questions this reporter received. Accordingly, those who are in similar fact situation should not take the answers as a legal advice for their individual question.
  • Last but most importantly, the answer will be neither legal advice nor rule nor law and will have no legally binding opinion. The answers to the hypothetical questions can differ depending on the individual attorneys as some attorneys form a "liberal" opinion, while other attorneys can form a "conservative" opinion. Thus, under no circumstances the readers should take the posted Q&A as a legal advice. Besides, the posted answers can be not necessarily correct. Thus, this reporter and the firm will not be responsible for the consequences of actions of the readers relying on the Q&A. They should always seek legal counsel rather than relying on any online information!!
• Keeping the foregoing disclaimer in mind, readers may start sending this reporter some questions. Please do not use the term "I" or "My." Just ask "what happends if ..............."

09/11/2011: DV-2013 Immigration Lottery Announcement Expected Soon

• DV immigration lottery program has been attacked from all fronts in the political arena for the reportedly loaded frauds, leading to several bills being introduced in the House to eliminate this immigration program. However, these House bills will have to go through the legislative agenda and will take time.
• The State Department is mandated to comply with the current immigrant law and will have to annouce the DV-2013 lottery soon. Considering the nightmare the program experienced in DV-2012 invalidating initially announced winners, one just hopes that DV-2013 be sailed smoothly this time around. Please stay tuned to this website for the upcoming announcement of DV-2013 instructions.

09/11/2011: H-2C Migrant Farm Guest Worker Bill of Rep. Lamar Smith Likely to Face Hurdles

• Report indicates that this bill will face challenges in and out of the farm industry. Coming week, another H-2A reform bill is scheduled to be introduced by another House member in the House to reform the migrant farm worker visa program in the House representing different interest of different farmer groups. Besides, both of these farm guest worker visa reform bills are likely to face a strong resistance in the Democratic controlled Senate that supports comprehensive immigration reform approach. Behind these legislative movements also lies a complex election-year politics involving the agricultural industry contituents. Please stay tuned to this website for the development of this news.

09/10/2011: F-1 OPT in Automatic Extension and Employment Authorization Pending H-1B Petition and Approaching Expiration of Employment Authorization on 09/30/2011

• Currently, a student with the post completion OPT automatic extension and employment authorization pending petition for change of status from F-1 to H-1B has been given automatic extension of permission to stay in the United States and work without EAD until 09/30/2011 pending adjudication of the timely filed H-1B cap-gap petition. In the past, the USCIS had exercised discretion to expedite and adjudicate such H-1B petition before October 1 so that such OPT student worker does not face crisis of losing job effective October 1 since under the current policy, such automatic employment authorization expires on September 30. Those who face such situation should either file premium processing request or contact the Service Center with the alert of the approaching automatic cap-gap employment authorization expiration at the end of this month. There is some confusion on this issue, but the agency that is responsibile for the cap-gap OPT students, ICE, has released their guidance for this issue very clearly as follows:
• Can the cap gap extension of OPT be extended beyond September 30 if the H-1B petition filed on the student’s behalf has not been adjudicated by USCIS?
  No, pursuant to 8 CFR 214.2(f)(5)(vi)(A), the duration of status and any employment authorization granted under 8 CFR 274a.12(c)(3)(i)(B) and (C) of an F-1 student who is the beneficiary of an H-1B petition and request for change of status can only be extended until October 1. If the H-1B petition is pending beyond October 1, a student can remain in the United States based on the pending change of status petition. However, a student with OPT employment authorization extended through the cap gap period must stop working until the H-1B petition is approved. See page 32, Q&A 9.1.3 of ICE Policy Guidance for:: Student and Exchange Visitor Program and Designated School Officials of SEVP-Certified Schools with F-1 Students Eligible for or Pursuing Post-Completion Optional Practical Training, dated 04/23/2010.

09/10/2011: Notice of Extension of TPS Designation and Automatic EAD Expension for Qualified Sudanese Likely to be Announced Soon

• We recently reported that the DHS submitted this rule for publication for the approval by the OMB of the White House. To the delight of Sudanese, the OMB very quickly cleared this rule yesterday and the DHS is likely to publish this extension rule sooner or later. It is a matter of time. Please stay tuned.

09/10/2011: H-2B Cap Count as of 09/02/2011 for FY-2011 Second Half and FY-2012 First Half

• H-2B FY-2011 2nd Half Cap Count	H-2B FY-2012 1st Half Cap Count
  Total=30,841	Total Receipt=5,071
  Approval=29,993, Pending=908	Approval=3,662, Pending=1,409

09/09/2011: Office of Foreign Labor Certification Updates on 09/09/2011 the H-2A Filing Tips and FAQ

• Filing Tips: The Department has posted H-2A Employer Filing Tips to assist employers with the H-2A program. Based on 16 months of processing experience at the Chicago National Processing Center, the filing tips are reminders to employers of common mistakes that may result in processing delays.
• H-2A FAQ Update

09/09/2011: Office of Foreign Labor Certification Updates FAQ on Counting"Timelines and Time Periods"in PERM Recruitment

• The OFLC released on 09/08/2011 detailed Frequently Asked Questions on the subject. For PERM application filers, it is very important to review this update.

09/09/2011: State Department Prediction of Visa Bulletin Post October 2011

• FAMILY-SPONSORED CATEGORIES
  • Worldwide dates:
  • F1: three to six weeks
  • F2A:three to six weeks
  • F2B:one to two weeks
  • F3: one to two weeks
  • F4: up to one month
• EMPLOYMENT-BASED CATEGORIES
  • EB-1: Current
  • EB-2:
    • Worldwide: Current
    • China and India: The current cut-off date is approaching the most favorable date previously reached for applicants from China and India. The rapid forward movement is intended to generate demand based on new filings for adjustment of status at U.S. Citizenship and Immigration Services offices, which currently accounts for over 85% of all Employment-based number use. Once the level of demand increases sufficiently, it may be necessary to slow or stop the cut-off movement, and a retrogression of the cut-offs at some point during the year is a distinct possibility.
    • Mexico: Current
    • Philippines: Current
  • EB-3:
    • Worldwide: up to one month
    • China: one to three weeks
    • India: up to two weeks
    • Mexico: up to one month
    • Philippines: up to one month
  • EB-4: Current
  • EB-5: Current
• State Department advises that the above date ranges are only estimates for the next few months, and are subject to fluctuations in demand. Those categories with a “Current” projection will remain so for the foreseeable future.

09/09/2011: October 2011 Visa Bulletin

09/09/2011: American Consulate in Mumbai Resumes Interviews of H and L Visa Applicants

• The Mumbai consulate has announced that the U.S. Consulate General, Mumbai is resuming interviews in Mumbai for H and L visas. In 2010, Indians applicants received 65 percent of all H1B visas issued worldwide. The Consulate will open the appointment schedule on August 26, 2011; the first interview appointments available are on September 6, 2011. All interviews will be conducted at the Lincoln House Consulate building, located at 78, Bhulabhai Desai Road, until further notice.

09/09/2011: Demand Data Used in the Determination of the October 2011 Employment Preference Cut-Off Dates by Visa Bureau

09/09/2011: Rep. Zoe Lofgren's Bill H.R. 2161 'IDEA ACT of 2011' Moving Aheard in the House 09/08/2011

• IDEA stands for 'Immigration Driving Entrepreneurship in America.' This bill literally represents "comprehensive" employment-based immigration system reform legislation to attract and retain foreign brains and to attract small foreign enterpreneurs to boost creation of employment by removing hurdles to application for permanent residence as seen in the following titles and sections of the bill:
• TITLE I--ATTRACTING AND RETAINING INNOVATORS AND JOB CREATORS
  SEC. 101. U.S. GRADUATES IN SCIENCE, TECHNOLOGY, ENGINEERING, AND MATHEMATICS.
  SEC. 102. ENTREPRENEURS WHO ESTABLISH BUSINESSES AND CREATE JOBS IN THE UNITED STATES.
  SEC. 103. ELIMINATING GREEN CARD BACKLOGS.
  SEC. 104. IMMIGRANT ENTREPRENEURS AND INNOVATORS PRESENT IN THE UNITED STATES.
  TITLE II--INVESTING IN THE NEXT GENERATION OF INNOVATORS AND JOB CREATORS
  SEC. 201. INVESTING IN STEM EDUCATION FOR U.S. STUDENTS.
  SEC. 202. U.S. STEM EDUCATION AND TRAINING ACCOUNT.
  SEC. 203. ACCESS TO STUDENT VISAS FOR IMMIGRANT STUDENTS PRESENT IN THE UNITED STATES.
  TITLE III--REDUCING ADMINISTRATIVE HURDLES TO FOSTER INNOVATION AND JOB CREATION
  SEC. 301. STREAMLINING LABOR CERTIFICATIONS.
  SEC. 302. STREAMLINING PETITIONS FOR ESTABLISHED EMPLOYERS.
  SEC. 303. PREMIUM PROCESSING.
  TITLE IV--PROTECTING AMERICAN WORKERS
  SEC. 401. STRENGTHENING THE PREVAILING WAGE SYSTEM TO PROTECT AMERICAN WORKERS.
  SEC. 402. REFORMING THE H-1B VISA PROGRAM TO PROTECT AMERICAN WORKERS.
  SEC. 403. REFORMING THE L VISA PROGRAM TO PROTECT AMERICAN WORKERS.
  TITLE V--PROMOTING INVESTMENT IN THE AMERICAN ECONOMY
  SEC. 501. EB-5 EMPLOYMENT CREATION INVESTOR PROGRAM.
  SEC. 502. CONCURRENT FILING; ADJUSTMENT OF STATUS.
  SEC. 503. FEES; PREMIUM PROCESSING.
• This bill was initially introduced in the House on June 14, 2011, nd referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce. Yesterday, the bill was further referred to the Subcommittee on Early Childhood, Elementary, and Secondary Education and the Subcommittee on Workforce Protections. This bill contains all juicy provisions for the employment-based immigration reform.

09/08/2011: H-2C Visa Bill Introduced in the House on 09/07/2011

• Rep. Lamar Smith introduced on the House floor H.R.2847 to create a nonimmigrant H-2C work visa program for agricultural workers, as we reported earlier.

09/07/2011: Growing Focus of U.S. Immigration Policy on Investment of Foreigners as a Tool for Creating Jobs in the Environment of Ailing & Pervasive Unemployment

• Current pervasive unemployment rate with no light at the end of tunnel is considered a political liability for both parties in the November 2012 election. Under the circumstances, the Presidential candidates and both parties have started paying attention to the investment immigration as a tool to boost job creation for American workers. The number of EB-5 Regional Center programs has grown from a handful number to three digits in numbers as more and more states try to bring in foreign investment to their states.
• Under the circumstances, the Congress cannot sit idle without showing their attention to this program. On September 14. 2011, the House Judiciary Immigration Subcommittee is scheduled to open a hearing, "The Investor Visa Program: Key to Creating American Jobs."
  • Chairman Lamar Smith Written Statement for the Hearing
  • Witness Written Statements:
  • Mr. Lee Wicker: Deputy Director, North Carolina Growers Association
  • Mr. Chalmers Carr: President and CEO, Titan Farms, South Carolina
  • Mr. Dan Fazio, Director, Washington Farm Labor Association
  • Robert Williams, Director of Migrant Farmworker Justice Program, Florida Legal Services

09/04/2011: Congressman Lamar Smith to Introduce a Bill to Revamp Agricultural Nonimmigrant Worker Temporary Labor Certification Program

• When the House returns to the session after a long summer recess, Rep. Smith is scheduled to introduce on the floor "American Specilaty Agriculture Act" to revamp current H-2A program into the attestation-based H-2C visa program administered and managed by the U.S. Department of Agriculture and not by the U.S. Department of Labor. This bill will create a new H-2C visa with annual limit of 500,000 with the employer friendly process of application process in the form of attestations rather than the government supervised labor market test process of labor certification. The alleged motivation of the bill is to accomodate the needs of agricultural farm workers in the agricultural industry not by undocumented aliens but by legal temporary foreign workers (guest workers) through the lenient and employer-friendly visa application process. For the purpose, the Congressman wants to take away the farm worker nonimmigrant worker management jurisdiction from the allegedly foreign farm worker hostile U.S. Department of Labor and move it to the U.S. Department of Agriculture with a new H-2C visa program.
• Accordingly, the House Judiciary Immigration Subcommittee is scheduled to open a hearing on this legislative bill on Thursday, September 8, 2011. Here is the summary of the legislative bill.

09/04/2011: DHS Intends to Designate Republic of South Sudan for Temporary Protected Status

• Please stay tuned to this website for the office notice.

09/04/2011: Forthcoming Extension of the Designation of Sudan for TPS and Automatic Extension of EAD for Sudanese TPS Beneficiaries

• DHS has decided to extend designation of Sudan for Temporary Protected Status and automatic extension of Employment Authorization Documentation and initiated the process to obtain approval from the White House. Please stay tuned to this website for the development of this news.

09/03/2011: Correction of I-140 Approval Statistics of USCIS

• On 09/01/2011, this reporter reported that there was a mystery involving the low I-140 approval statistics. Thanks to a reader, I have learnt that I missed one note which the USCIS added to the announcement of the statistics. The note was: This quarterly report shows Immigrant Petition for Alien Worker performance data for consular-processed I-140s and does not include any associated dependents. Thanks to the gracious assistance of the reader, the mystery has been resolved and this reporter hereby stands corrected for the erroneous report. Again, this reporter wishes to express "thanks" to the gentleman.

09/02/2011: USCIS Policy Memorandum of 08/31/2011 on Eligibility to Self-Petition as a Battered or Abused "Parent" of a U.S. Citizen

• This Policy Memorandum provides guidance to USCIS officers regarding the ability to self-petition to battered or abused parents of U.S. citizens. Additionally, this memorandum will provide guidance regarding work authorization for approved VAWA self-petitioners. Read on.

09/02/2011: USCIS Policy Memorandum for Processing of Form N-400 for Applicants Whose SSI Benefits Terminated Because Their Time-limited Eligibility Ended

• USCIS releases this memorandum on 08/30/2011 to give guidance for field offices to process the naturalization applications by certain permanent residents who received the SSI benefits. This policy is to give priority processing of Form N-400, Application for Naturalization, when filed by applicants who will soon lose Supplemental Security Income (SSI) benefits because they have reached their eligibility time limit. Generally, individuals who receive SSI have low income and limited access to resources; therefore, termination of SSI benefits will likely cause hardship for those noncitizens. USCIS will prioritize the processing of Form N-400 filed by individuals (1) who are within one year or less of having their SSI benefits terminated and (2) whose Form N-400 has been pending for four months or more from the date of receipt. For the details, please read the full text of the memorandum.

09/01/2011: OFLC Releases on 08/31/2011 Updated PERM, H-1B, H-2B, H-2A Disclosure Data Through 06/30/2011

• This update makes available access to individual PERM applications, H-1B LCA applications, H-2A, and H-2B applications details and approval records filed through 06/30/2011. Read on.

09/01/2011: USCIS Employment Benefits Request Statistics for FY 2011 (Three Quarters) by All Types

• This statistics report in one eye-view the total receipts and approvals for each type. Unlike the statistics which was just reported earlier, this report shows the following statistics for I-140 receipts and approvals from October 1, 2010 to June 30, 2011 as follows: Total Receipts=62,822 and Total Approvals=55,577. Hmm.....
• This statistics also shows that in FY 2011, USCIS received total of 56,133 EB-485 applications and approved total of 82,112 EB-485 applications between October 1, 2010 through June 30, 2011. Considering the fact that total employment-based immigrant visa annual quota is 140,000, there are a lot of EB-485 approvals to produce from July 1 until the end of September 2011 to use up the annual allocation for EB visa numbers, even though some numbers could have been used up by the visa posts abroad. Hmm........... How interesting!

09/01/2011: Mysterious USCIS I-140 Approval Statistics by EB Class and Country of Origin (Calendar Year 2008-2011)

• USCIS published this statistics on August 12, 2011, which was created in July 2011. For 2011, it covered for a period from January 1 through June 30, 2011. There are two mysteries involved in the statisctics. Firstly, the approval numbers are smaller than one might have expected. Secondly and most importantly, I-140 approval numbers dropped drastically beginning from Calendar Year 2010 for the unknown reasons. For instance, the total I-140 approvals for all the categories was 11,749 in 2008 and 11,672 in 2009, but the number dropped to 2,370 in 2010 and 1,202 (January through June) in 2011. This reporter needs a help from readers of statistics specialty to read the statistics correctly. Please send this email emails on this.

08/31/2011: Virginia IT Firm Wins $291 Million IT Service Contract for USCIS

• IT firm named CSC ("Computer Sciences Corporation"), which is located in Falls Church, Virginia and hires 93,000 professionals in more than 90 countries, has announced today that it won $291 million IT support service contract for the USCIS. Read on.

08/31/2011: Electronic or Web-based National Journal Recruitment Acceptable for Optional Special Recruitment for "Special Handling" PERM Applications for College/University Teachers

• OFLC has released a new FAQ on the subject topic as follows: "An employer may use an electronic or web-based national professional journal to satisfy the provision found at 20 CFR 656.18(b)(3), which requires use of a national professional journal for advertisements for college or university teachers. The electronic or web-based journal’s job listings must be viewable to the public without payment of subscription and/or membership charges. The advertisement for the job opportunity for which certification is sought must be posted for at least 30 calendar days on the journal’s website. Documentation of the placement of an advertisement in an electronic or web-based national professional journal must include evidence of the start and end dates of the advertisement placement and the text of the advertisement."
• For the full text, please click here.

08/31/2011: H-2B Cap Count as of 08/26/2011 for FY-2011 Second Half and FY-2012 First Half

• H-2B FY-2011 2nd Half Cap Count	H-2B FY-2012 1st Half Cap Count
  Total=30,999	Total Receipt=4,326
  Approval=29,921, Pending=1,078	Approval=3,173, Pending=1,153

08/31/2011: Latest H-1B Cap Count as of 08/26/2011

• Regular cap: 29,000 (Very slow)
• Master cap: 15,800

08/30/2011: USCIS Customer Service 800 Number Three Menus and List of Subjects for Each Menu

• People may want to print out this link before they call USCIS 800 customer service number.

08/30/2011: OFLC Initiates Final Rule-Making Process Changing Current Attestation-Model H-2B Process to Bifurcated Process of Registration and Application Process

• The H-2B temporary labor certification has gone through a lot of ups and downs to deal with the need for maintaining a balance between need for efficiency and assurance of integrity of the program. For the efficiency purposes, one time the agency proposed to remove itself from the H-2B program, but facing opposition to the proposal it abandoned such proposal. As a compromise, the agency then adopted the current attestation-model that allows the employers to file H-2B temporary labor certification application simply based on their attestation that they tested the labor market voluntarily and there were no qualified U.S. worker available in the U.S. labor maket. This is post-completion enforcement model as well. However, the agency's investigation has revealed that over 50% of cases involved either frauds or problem with the attested labor market test or even existence of the jobs. In order to correct the problem and at the same time to maintain a balance between efficiency and integrity, on March 18, 2011, the agency published a proposed rule to bifurcate the process into the two phases: Registration Phase and Application Phase. Registration phase will focus on adjudication of the issue of existence of "temporary" nature of the needs, adjudication of which has been causing delays in the certification process.
• Yesterday, 08/29/2011, the agency requested the OMB to approve the final rule based on the results of the foregoing proposed rule of March 18, 2011. This final rule may enhance efficiency as well as integrity somewhat. This proposed change is similar to the USCIS H-1B cap registration model, even though when it comes to the details, the two agencies are targeting at different goals and tasks. Please stay tuned to this website for development of this final rule making process of H-2B temporary labor certification program of OFLC.

08/29/2011: H-2B Cap Count as of 08/19/2011 for FY-2011 Send Half and FY-2012 First Half

• H-2B FY-2011 2nd Half Cap Count	H-2B FY-2012 1st Half Cap Count
  Total=30,810	Total Receipt=3,836
  Approval=30,018, Pending=847	Approval=2,762, Pending=1,074

08/26/2011: USCIS Policy Memorandum on Changes to B-2 Status and Extensions of B-2 Status for Cohabitating Partners and Other Nonimmigrant Household Members

• This memorandum which was released on 08/17/2011 and published on 08/26/2011 clarifies that change of stutus to B-2 visitor or one or more extension of B-2 status are appropriate in the exercise of discretion for household members, including the cohabitating partner of a principal nonimmigrant visa holder when other eligibility requirements are met for the change of status to B-2 or extension of B-2 status. When evaluating an application for change to or extension of B-2 status based on cohabitation, the cohabitating partner’s relationship to the nonimmigrant principal alien in another status will be considered a favorable factor in allowing the household member to obtain or remain eligible for B-2 classification. When considering a change of status and/or multiple extensions for the cohabitating partner or other household member, the finite nature of the stay, rather than the duration of the stay or number of extensions sought, is controlling with respect to nonimmigrant intent. For example, the visit should be considered temporary even if the status may be extended several times over several years in order to match an extended course of study undertaken by the principal alien. However, while the I-539 (B-2) application must be adjudicated on its own merits, a finding that the principal nonimmigrant lacks nonimmigrant intent is a negative factor in the exercise of discretion.

08/26/2011: California Service Center Open House for the Public and Stakeholders

• California Service Center invites the public and stakeholders to its open house on 09/21/2011 from 1:00 pm to 3:30 pm (pst) for presentations on its immigration work and a tour of CSC facility.
  You will have a chance to: Meet and greet California Service Center leadership and staff; Attend general presentations on employment & family-based immigration; Tour the California Service Center facility; See citizenship display and the latest test preparation materials; Pick-up information on how to get a “green card”; and Receive tips on how to avoid becoming a victim of immigration fraud. For details, please click here. Until now, such tour and open house has been limited to stakeholders and lawyers.

08/26/2011: DHS 188-Page Final Rule on Immigration Benefits Business Transformation, Increment I, Opens a New World for Terms, Filing Procedures, etc, Effective 12/30/2011

• As the USCIS starts moving into implementation of electronic filing systems incrementally beginning from the end of December 2011, it publishes a final rule changing very much everything including terms, references to the offices and officials, removal of names and numbers of current immigration forms, electronic filing procedure, electronic adjudications, on and on. It is too dizzy even to read this final rule. This final rule which will be published on 08/29/2011 gives a huge home work to Immigration practitioners, employers, petitioners, aliens, and other stakeholders to read the material during the next 90 days!!! Otherwise, they will be in trouble since it opens a new world in immigration proceedings. The adjudication process also opens a new chapter under the account systems to view history of all the previous filings for integrity before adjudication of any petition or application. Please do the home work!!

08/26/2011: USCIS Redesigns and Launches Redesigned National Customer Service Center 800 Number Interactive Response System Effective 08/29/2011

• USCIS announces the redesign of the Interactive Voice Response (IVR) system which will be launched on Monday, August 29th. The IVR system allows customers who call the National Customer Service Center’s 1-800 phone number to navigate through immigration information, check the status of their case, and talk to customer service representatives, making the system more user- friendly. The new IVR system has shortened menus, improved ease of navigation, and reorganized menu options based on call volume. It eliminates confusing sub-menus and streamlines callers’ access to live assistance. In addition, the redesigned IVR provides the same information in less space and uses plain language.
• The IVR currently in place has ten Main Menu options for the customer to listen through in order to make a selection. The new, redesigned IVR will have only three Main Menu options. This redesign has cut the amount of time required to listen to the entire Main Menu from two minutes and fifty seconds to only thirty-eight seconds.
  The new three Main Menu options are: Immigration Services, Immigration Information, and Special Programs and Other Resources.
  
  • Callers can press “1” to hear information on Immigration Services including: case status, forms, locating a USCIS office, civil surgeons, change of address, or if the caller is an attorney, community based organization, or an employer.
    Callers can press “2” to hear information on Immigration benefits and processes including: interviews, biometrics, requests for evidence, background checks, or processing times.
    Callers can press “3” to hear information about Special Programs and other Resources including: Kaplan action law suit, Temporary Protective Services, Freedom of Information Act/Privacy Act, or to report immigration scams.
• Those who call USCIS 800 number from the next Monday will notice the foregoing changes.

08/25/2011: DHS Annual Flow Report of August 2011 Releases Detailed Information on Nonimmigration Admissions in 2010

• Read on.

08/25/2011: USCIS Clarifies Premium Processing Services Availability Schedule for EB-1C I-140 Petition for Multinational Corporate Executive and Manager

• According to the USCIS Notes of August 23, 2011 Service Center Operations Engagement Session, it is official that as of now, PPS is not available for either E13 (Multinational Executive or Manager) or E21 when requesting a National Interest Waiver. However, in light of Secretary Napolitano’s announcement on August 2, 2011, USCIS will likely begin offering PPS for E13 petitions in early calendar year 2012.

08/25/2011: Nebraska Service Center Open House 09/08/2011

• Nebraks Service Center is hosting open house inviting public and stakeholder giving a tour of its facilities, displaying about facets of NSC organization, and offering presentations on a variety of topics, including a basic immigration overview, E-Verify, and the following form types:
  
  • I-765, Application for Employment Authorization
  • I-131, Application for Travel Document
  • I-140, Petition for Alien Worker
  • I-485 (Employment Based), Application to Register Permanent Residence or Adjust Status
  • I-90, Application to Replace Permanent Residence Card
  • I-730, Refugee/Asylee Relative Petition
  • I-485 (Refugee/Asylee), Application to Register Permanent Residence or Adjust Status
  • N-400 (Military), Application for Naturalization
    
• When: Thursday, September 8, 2011, 9:00 a.m. to 1:00 p.m.
  Where: 1301 W. Highland Blvd
  Lincoln, NE 68521
• For details, please click here. Until now, such tour and open house has been limited to stakeholders and lawyers.

08/25/2011: Reported Lapse in USCIS and DHS Implementation of Enterpreneur Immigration Initiatives and Prosecutorial Prioritization/Discretion Initiatives

• Understandably, it may take time for any initiaves to go into a full operation. It appears the recent USCIS announcement of enterpreneur immigration initiatives and DHS Secretary's announcement of prosecutorial prioritization and prosecutorial discretion initiatives of the immigration enforement agencies including DHS and DOJ experience such lapse in actual implementation of these initiatives. There are reports that the USCIS inititative to accept and process EB-1C mutinational corporate executive and manager I-140 petition on premium processing basis has yet to be implemented and such premium processing request of these I-140 petitions have been rejected at this time. As for EB-2 National Interest Waiver option for enterpreneurs, the USCIS has yet to clarify how it will be implemented aside from the current NYSDOT three-prong test rules, particularly the third prong test. With reference to the prosecutorial discretion in immigration enforcement, there are conflicting reports as to how diffeence offices and different officials handle the matter differently. So-called Morton prosecutorial discretion memorandum lays out in fairly details the standards for exercise of such prosecutorial discretion, but reports indicate that ICE field officlas may have to be given clear guidance, when it comes to deails, for enhanced consistency in implementation of the policy.
• Again, we recognize that new initiatives always take time for a complete and full implementation. We just hope that these new initiatives be placed in full operation by January of 2012. In the meantime, we salute the leadership in USCIS, ICE, and DOJ for their hard work. Achievement of consistency for a large size agencies is always a challenging task.

08/25/2011: OFLC Start Issuing PERM Prevailing Wage Determination

• Reportedly, the OFLC focused on H-2B wage redetermation and determination to comply with the federal court order, and had to set aside other cases including PERM prevailing wage determination and PERM applications processing. It disclosed at the stakeholders' meeting on 08/18/2011 that catch-up with the H-2B cases would be completed before September 30, 2011 and it will refocus on other cases including the PERM prevailing wage determination and PERM applications. Considering the fact that it has just started issuing the prevailing wage determination for PERM cases, the agency may try to catch up with backlog cases of PERM prevailing wage determination and PERM applications. Without doubt, the catch-up work may take time, but in a way it is good news that the pipeline has restarted producing these cases.

08/24/2011: Filing Procedures for Employment Authorization and Automatic Extension of Existing EAD for Liberians Provided DED

• This notice is effective October 1, 2011. The 6-month automatic extension of employment authorization for Liberians who are eligible for DED, including the extension of their EADs as specified in this notice, is effective on October 1, 2011. This automatic extension will expire on March 31, 2012. The 18-month extension of DED is valid through March 31, 2013.
• Please note that application is not processed by local field offices. The procedure is centralized. Please read the detailed procedure in this notice.
• See also USCIS Q&A

08/23/2011: OFLC Releases of H-2A FAQ Update as of 08/23/2011

08/23/2011: PERM Processing Times Update as of 08/22/2011

• Analyst Reviews: May 2011
  Audits: December 2010
  Reconsideration Requests to the CO: January 2009
  Gov't Error Reconsiderations: Current
• What does this update mean? Atlanta NPC is experiencing delays in the PERM processing. About two months ago, Analyst Review was April 2011. After two months, the processing time is May 2011. The same is true with the Audit processing. In two months, only one month moved ahead. The Office of Foreign Labor Certifications had a stakeholder meeting last week, particularly relating to the current PERM prevailing wage determination delays which is caused by H-2B case processing pressures in order to comply with the federal district court order to use new prevailing wage determination methodology. Reportedly, in this meeting, the OFLC indicated that not only the PERM prevailing wage determination processing but also PERM processing itself would witness delays and backlogs for a while. Beware!

08/23/2011: Unreal!

• CNN reports a story of a lawsuit involving an illegal alien pregnant woman with the following allegation: Her "story begins on July 3, 2008, when she was nine months pregnant and driving home with her three children from a doctor's appointment in metro Nashville. A police officer pulled her over and, according to Villegas' complaint, decided to arrest her for driving without a license because the officer suspected she was in the country illegally. The decision to arrest her was influenced by a controversial agreement between the police department and the federal government that allowed local officers to help enforce immigration laws, known as section 287(g) of the Immigration and Nationality Act. She was transported to a detention center, where two days later, she went into labor. According to court documents, Villegas was taken to Nashville General Hospital where she was placed on a gurney with her hands and feet shackled. Once in her hospital room, two Davidson County sheriff's deputies refused to leave the room while she changed into her hospital gown, and unplugged her phone so she couldn't alert her husband about her labor, court documents say. Afterwards, one of the deputies shackled her left foot and right hand to the hospital bed, something that the medical staff called a "barbaric" violation of medical standards, court records state. The shackles were finally removed before she delivered the baby. "During the trial she testified about how she was afraid for the safety of her baby," her attorney, Ozment said. "She didn't know what to expect. She didn't know what was going to happen." After she had delivered the baby, and against doctor's orders, a third deputy shackled her to the bed again, according to the court documents. The sheriff's department's policies that led the deputies to shackle her throughout the ordeal were a violation of the U.S. and Tennessee constitutions, her lawyers argued. In April, U.S. District Judge William Haynes ruled in favor of Villegas, and after a three-day trial this week, the jury set the $200,000 award. Villegas' lawyers had asked for $1.2 million."

08/22/2011: The Latest National Processing Volumes and Trends of USCIS Service Centers and Field Offices by Types of Cases as at End of June 2011

08/20/2011: AILA Consumer Alert on DHS Secretary Announcement of 08/18/2011 - "No Amnesty" and Watch Out "Scam Artists"

• It is very timely that the AILA has released this alert since the Secretary's announcement has triggered rampant reactions from anti-immigration forces mislabelling and misleading it as "amnesty," and scam artists may attempt to take advantage of undocumented aliens. Readers should read this alert.

08/20/2011: Homeland Secretary Announcement of Launch of Prosecutorial Discretion Policy in Immigration Law Enforcement Opening Door for First Step of Relief for DREAMERs

• Reportedly, the Secretary sent a letter on 08/18/2011 to Senator Dick Durbin of Illinois that the DHS would implement immigration enforcement policy prioritizing enforcement of removal of undesirable aliens and exercising prosecutorial discretions on behalf of certain aliens that meet the so-called ICE Morton "Prosecutial Discretion Memorandum" of June 17, 2011. Launch of this policy will not give any legal status but will give a relief to certain undocumented aliens from immigration enforcement that meet a list of criteria in the Memorandum, which will lead to practical halt of deporation of innocent youngsters with the nick name of DREAMERs indefinitely. Their legalization and grant of permanent resident status still require passage of Sen. Durbin's DREAM Act which is pending in the Senate or Comprehensive Immigration Reform legislation. The prosecutorial discretion policy extends the benefits not only to the DREAMERs but also those undocumented aliens and immigration violators who deserve a second chance and a descretinary relief because of minor nature of violations with no national security risk, no risk to public safety, and humanritarian concerns involved, where the balance of equity scale heavily tips towards the favorable factors and against the disfavorable factors in the individual case. Read also White House release of its prioritization policy. When the House returns after the Labor Day holidays, there is expected a thunderstorm reactions to this policy decision of the Obama administration.
• The DREAMERs and those who fit the foregoing description should review the Morton Memorandum thoroughly to learn about their stakes and fate in the future. However, those who fit the description of beneficiaries of the policy should still take a precautionary measure before they come out of the closet by seeking legal counsel to learn their eligibility considering the specific facts and circumstances involving their situations.

08/19/2011: DOL Under the Threat of Mandamus Lawsuits for Continuing Delays in PERM Prevailing Wage Determination

• The PERM prevailing wage determination has been suspended and delayed for several months by now raising a number of problems for the employers and the hightech foreign workers not only in filing PERM applications but its fallouts in the immigration processings such as inability to apply for H-1B extension under AC 21 Act. Unless the ongoing delay is resolved soon, there are likely multiple lawsuits by the stakeholders and individual employers seeking mandamus by federal courts to force the agency to process the PERM applications. Please stay tuned.

08/19/2011: Report of Widespread Insider Hacking at USCIS

• Report indicates that investigation has detected that there have been insider hackings at Service Centers. This investigation results raise a special concern as the USCIS is about to launch the online filing and processing of immigration and naturalization applications under the business transformation program. Read on.

08/18/2011: Beware Termination of Previous Policy Giving Adjudicators Discretion to Determine RFE Response Timeframe Flexibly Since July 2011

• The new policy under the new Interim Policy Memorandum is as follows:
  • (1) A standard timeframe of 30 days for Form I-539; and
    (2) A standard timeframe of 84 days for all other form types, regardless of whether the request is for initial or additional evidence, or whether the evidence is available in the United States or is
    obtained from overseas sources.
• USCIS officers may reduce the response time from the standard timeframes only after obtaining supervisory concurrence. This discretion should be used on a case-by-case basis when warranted by circumstances as determined by the adjudicator and the supervisor. The maximum response time for an RFE may not exceed 12 weeks (84 days). However, when an RFE is served by mail, USCIS officers should include additional mailing time for the RFE to reach the applicant/petitioner and for the response to reach USCIS. The standard mailing time established by regulation is three days. As a matter of policy, USCIS has determined that the mailing time should be longer when the applicant or petitioner is residing outside the United States.
• This PM does not apply to asylum applications or applications for relief under Section 203 of the Nicaraguan Adjustment and Central American Relief Act (¡§NACARA 203¡¨). Pursuant to 8 CFR 208.9(e), an asylum officer may, as a matter of discretion, grant a brief extension of time following an interview during which the asylum applicant may submit additional evidence. A similar provision exists for NACARA.
• Caveat: The petitioners and applicants should keep the timeframes which are specified in the RFE, regardless of this memorandum. Failure to comply with the requested timeframe in the RFE will result in deadly consequences and denials. BEWARE! This policy memorandum is a guidance for adjudicators and not for the consumers or applicants or petitioners.

08/18/2011: USCIS Releases Interim Policy Memorandum to Grant Sole Jurisdiction to National Benefit Center (NBC) to Adjudicate I-485 Applications by Certain Foreign Diplomats or Semi-Diplomats and Their Family Members Seeking Green Cards Based on Inability to Return to Their Home Country and Grant of Green Cards Serves National Interests of United States and Not Contrary to the National Welfare, Safety, or Security

• This memorandum seeks comments but has been in effect since August 5, 2011. Under the memorandum, the Director of the National Benefits Center will have sole jurisdiction over the final adjudication of any Form I-485 filed pursuant to Section 13. After completing the interview and resolving adjudicative and compliance issues, a USCIS field office must return the entire A-file to the NBC for final adjudication. Read on.

08/17/2011: H-2B Cap Count as of 08/12/2011 for FY-2011 Send Half and FY-2012 First Half

• H-2B FY-2011 2nd Half Cap Count	H-2B FY-2012 1st Half Cap Count
  Total=30,810	Total Receipt=3,260
  Approval=29,735, Pending=1,074	Approval=3,260, Pending=744

08/17/2011: USCIS Announcement of DED Extension and Its Intention of Automatic Extension of EAD for Qualified Liberians Through 03/31/2013

• Based on the President's recent order, the USCIS today announced its intention to automatically extend employment authorization for Liberian nationals covered under Deferred Enforced Departure (DED) through March 31, 2012. USCIS’s announcement follows President Obama’s announcement today of his decision to extend DED through March 31, 2013, for qualified Liberians and those persons without nationality who last habitually resided in Liberia. The six-month automatic extension of existing Employment Authorization Documents (EADs) will permit eligible Liberians to continue working while they file their applications for new EADs. The new EADs will cover the full 18 months of the DED extension.

08/17/2011: USCIS Processing Times Update

• See our home page.

08/17/2011: DOL Releases Frequently Asked Questions on Supplemental Prevailing Wage Determination for H-2B Proceedings

• Question: If an H-2B employer received a prevailing wage from the NPWC prior to August 1, 2011 and wants to advertise now for work which will be performed after September 30th, but does not have a new wage determination, must it wait for the new H-2B wage determination before starting recruitment?
  • Answer: If an employer’s most recent PWD from the NPWC was issued before August 1, 2011, the employer may recruit at that prevailing wage. The employer must, however, include in the ad that “the wage will change for work performed on and after September 30, 2011 based on new U.S. Department of Labor prevailing wage regulations.”
• Question: What if I have already conducted my recruitment using a prevailing wage determination I received before July, but have not as yet filed my H-2B application?
  • Answer: An employer that has already conducted the required recruitment based on a PWD that was issued before July, but has not yet filed its application, may rely on that recruitment to file its application. However, the NPWC will be issuing a new PWD, which the employer must use for work performed on or after September 30, 2011, regardless of the wage set forth in the recruitment and application

08/16/2011: USCIS Stakeholder Engagement Session for I-140 Petitions 08/23/2011

• There are a number of issues that may have to be addressed at this teleconference which is opened to the public, one of which includes the USCIS plan to deal with the wide-gap of I-140 case loads between Nebraska Service Center and Texas Service Center. Because of the caseloads, currently the Texas Service Center is experiencing delays in processing of I-140 petitions. Those who want to participate in this engagement session should read the announcement.

08/16/2011: USCIS Expands Self-Check Services for Individual Employment Authorization Verification to 21 States

• The USCIS announces that USCIS is releasing the Self Check service in phases. At this point the service is offered only to users that maintain an address in Arizona, California, Colorado, the District of Colombia, Idaho, Louisiana, Maine, Maryland, Massachusetts, Minnesota, Mississippi, Missouri, Nebraska, Nevada, New Jersey, New York, Ohio, South Carolina, Texas, Utah, Virginia, or Washington. The availability of Self Check will be limited for the initial launch as the service is tested and improved upon based on the outcomes of the initial implementation.

08/16/2011: DOL Delay of Prevailing Wage Determination for PERM Program May Continue Through October

• Currently the Office of Foreign Labor Certification is trapped in the issue of compliance of federal court order mandating change of its wage determination methodology. After going through the tedious rule-making process, the new prevailing wage determination methodology rule that complies with the court order is scheduled to be implemented effective October 1, 2011. Pending the implementation of the new final rule, however, the OFLC stopped the prevailing wage determination activities and recently released an alert to the foreign labor certification stakeholder community and employers that they should file the prevailing wage determination request at least 60days in advance of their planned recruitment activities for the foreign labor certification applications. This alert is not just coincidence of its final rule under which the new prevailing wage determination methodology will take effect on October 1, 2011. Afterwards, there was a change in language from "stopped" to "delayed" in the prevailing wage determination, but there is no indication that the PERM prevailing wage determination has been produced out of the prevailing wage determination pipeline. Shortly, the OFLC is expected to report and release the status of the prevailing wage determination snag to the foreign labor certification stakeholders within this week. Accordingly, the readers will soon learn the exact picture of the OFLC on the prevailing wage determination. Please stay tuned to this website for the soon-to-be released report of the OFLC.

08/16/2011: Latest H-1B Cap Count as of 08/12/2011

• Regular cap: 25,300 (In two weeks, bachelor cap moved 2,600. The movement of H-1B bachelor cap numbers in FY 2012 is somewhat slower than or the same as FY 2011. As of 08/13/2010, the bachelor cap recorded 29,700. In FY 2011, the H-1B cap reached in January 2011. Unless there is a legislative change for the H-1B cap, the FY 2012 cap is also likely to move very slowly because of the ongoing economic turmoil. There have been some activities in the House to loosen up the H-1B numbers under the pressures of the business community, but it may not see any visible change within this calendar year because of the ongoing down-turn economy, hawks against such legislation in the Democrat-mjority Senate, and running out of time for this calendar year session for the Congress.)
• Master cap: 14,700 (In two weeks, master cap moved only 900, but the movement of H-1B master cap numbers in FY 2012, unlike the bachelor cap numbers, is faster than FY 2011. As of 08/13/2010, the master cap recorded 12,300.)

08/15/2011: USCIS Annoucement of N-400 Priority Processing for Certain Non-Citizen SSI Recipients

• USCIS will prioritize the processing of Form N-400, Application for Naturalization, for certain SSI recipients when the applicant’s:
  • SSI benefits will be terminated within 1 year from the date listed on your SSI notice; AND,
  • Form N-400 has been pending for 4 months or more from the date of receipt.
• For the full text, please click here.

08/12/2011: USCIS Policy Memorandum of 08/08/2011 on Centralization of I-130 Family-Based Immigrant Petition for Overseas Residents

• This policy memorandum has been in effect since August 8, 2011. Under this memorandum, the family-based immigrant petition by the petitioners who reside abroad are no longer allowed to file with a U.S. consulate in the jurisdiction of his or her residence unless (1) USCIS officer is present at the U.S. consulate or (2) USCIS authorizes the U.S. consulate to process I-130 petitions for the overseas residents under exceptional circumstances or USCIS give a blanket authorization to certain consulate with a large scale crisis, etc. Besides, when a consular officer is authorized by the USCIS to process and adjudicate I-130 petition, unless a case is clearly approvable, the consulate should forward such cases to the USCIS. The consular officers are also required to contact the USCIS to adjudicate some of these cases for instructions, etc. There are many other details in the memorandum and the U.S. citizen petitions residing overseas should read this memorandum carefully. Here is the memorandum.

08/09/2011: Reportedly 40 State Governments Passed Immigration Laws in 2011

• When it comes to immigration, the line between federal jurisdiction and state jurisdiction has become growingly blurred.

08/09/2011: Official September 2011 Visa Bulletin

• As we warned a few days ago, EB-2 for India and China will remain stand-still in September.

08/09/2011: DV 2012 (DV-2012) Results

• Applicants registered for the DV-2012 program were selected at random from 14,768,658 qualified entries (19,672,268 with derivatives) received during the 30-day application period that ran from noon on October 5, 2010, until noon, November 3, 2010. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested. * The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.
• The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2012 program:

AFRICA
ALGERIA 1,799
ANGOLA 42
BENIN 511
BOTSWANA 7
BURKINA FASO 226
BURUNDI 56
CAMEROON 3,374
CAPE VERDE 9
CENTRAL AFRICAN
REP. 3
CHAD 33
COMOROS 9
CONGO 105
CONGO, DEMOCRATIC
REPUBLIC OF THE 3,445
COTE D'IVOIRE 553
DJIBOUTI 38
EGYPT 4,664
EQUATORIAL GUINEA 4
ERITREA 670
ETHIOPIA 4,902
GABON 48
GAMBIA, THE 113
GHANA 5,832
GUINEA 899
GUINEA-BISSAU 3
KENYA 4,720
LESOTHO 8
LIBERIA 2,101
LIBYA 136
MADAGASCAR 17
MALAWI 16
MALI 76
MAURITANIA 29
MAURITIUS 59
MOROCCO 1,890
MOZAMBIQUE 13
NAMIBIA 10
NIGER 32
NIGERIA 6,024
RWANDA 333
SAO TOME AND
PRINCIPE 0
SENEGAL 270
SEYCHELLES 6
SIERRA LEONE 3,397
SOMALIA 175
SOUTH AFRICA 833
SUDAN 757
SWAZILAND 0
TANZANIA 175
TOGO 845
TUNISIA 113
UGANDA 418
ZAMBIA 79
ZIMBABWE 123


ASIA
AFGHANISTAN 109
BAHRAIN 29
BANGLADESH 2,373
BHUTAN 5
BRUNEI 0
BURMA 370
CAMBODIA 596
HONG KONG
SPECIAL ADMIN.
REGION 54
INDONESIA 256
IRAN 4,453
IRAQ 153
ISRAEL 175
JAPAN 435
JORDAN 152
NORTH KOREA 0
KUWAIT 108
LAOS 1
LEBANON 274
MALAYSIA 118
MALDIVES 0
MONGOLIA 209
NEPAL 3,258
OMAN 11
QATAR 19
SAUDI ARABIA 217
SINGAPORE 45
SRI LANKA 708
SYRIA 160
TAIWAN 391
THAILAND 73
TIMOR-LESTE 9
UNITED ARAB
EMIRATES 92
YEMEN 149

EUROPE

ALBANIA 1,508
ANDORRA 1
ARMENIA 998
AUSTRIA 130
AZERBAIJAN 304
BELARUS 493
BELGIUM 105
BOSNIA &
HERZEGOVINA 83
BULGARIA 883
CROATIA 107
CYPRUS 26
CZECH REPUBLIC 104
DENMARK 73
ESTONIA 49
FINLAND 91
FRANCE 574
French Polynesia 7
New Caledonia 1
GEORGIA 620
GERMANY 1,709
GREECE 105
HUNGARY 325
ICELAND 56
IRELAND 213
ITALY 529
KAZAKHSTAN 434
KOSOVO 137
KYRGYZSTAN 321
LATVIA 83
LIECHTENSTEIN 0
LITHUANIA 258
LUXEMBOURG 8
MACEDONIA 160
MALTA 20
MOLDOVA 1,238
MONACO 3
MONTENEGRO 18
NETHERLANDS 149
Aruba 4
Curacao 19
St. Maarten 2
NORTHERN
IRELAND 59
NORWAY 84
PORTUGAL 66
Macau 19
ROMANIA 1,327
RUSSIA 2,353
SAN MARINO 1
SERBIA 298
SLOVAKIA 80
SLOVENIA 16
SPAIN 232
SWEDEN 200
SWITZERLAND 229
TAJIKISTAN 270
TURKEY 3,077
TURKMENISTAN 143
UKRAINE 5,799
UZBEKISTAN 4,800
VATICAN CITY 0


NORTH AMERICA
BAHAMAS, THE 15

OCEANIA
AUSTRALIA 900
Christmas Islands 3
Cocos Islands 1
FIJI 628
KIRIBATI 14
MARSHALL ISLANDS 4
MICRONESIA,
FEDERATED
STATES OF 2 NAURU 5
NEW ZEALAND 309
Cook Islands 6
Niue 14
PALAU 5
PAPUA NEW
GUINEA 0
SAMOA 0
SOLOMON
ISLANDS 0
TONGA 93
TUVALU 0
VANUATU 8
WESTERN SAMOA 9


SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND
BARBUDA 9
ARGENTINA 101
BARBADOS 25
BELIZE 9
BOLIVIA 84
CHILE 43
COSTA RICA 43
CUBA 292
DOMINICA 18
GRENADA 24
GUYANA 26
HONDURAS 80
NICARAGUA 49
PANAMA 21
PARAGUAY 17
SAINT KITTS AND
NEVIS 7
SAINT LUCIA 4
SAINT VINCENT AND
THE GRENADINES 16
SURINAME 15
TRINIDAD AND
TOBAGO 175
URUGUAY 19
VENEZUELA 925

08/09/2011: Latest H-2B Cap Count as of 08/04/2011

• Approved: 29,207
• Pending: 1,225
• Total received: 30,432

08/08/2011: Demand Data Used in the Determination of the September 2011 EB-Visa Cut-Off Dates

• State Department has released this data relating to the soon-to-be released September 2011 Visa Bulletin.

08/08/2011: Office of Foreign Labor Certification Official Announcement of 08/08/2011 on ETA 9141 Determination Delays

• The NPWC is currently experiencing delays in processing prevailing wage determinations as it is working to reissue certain prevailing wage determinations to comply with a court order issued June 15, 2011, in the United States District Court for the Eastern District of Pennsylvania. We continue to encourage all requestors to submit their ETA Form 9141 at least 60 days in advance of the employer's initial recruitment efforts.

08/08/2011: USCIS E-Verify Schedules Conferences at Local Communities

• USCIS is schedulating meetings with E-Verify experts for the U.S. employers at various local communities. For the specific schedules, please check E-Verify Connecttion.

08/04/2011: Latest USCIS Naturaliztion Applications Processing Statistics as of End of June 2011

• Stay tuned.

08/04/2010: Latest USCIS Immigration Benefits Applications Processing Statistics as of End June 2011

• Stay tuned.

08/04/2011: History of Visa Cut-Off Dates in Visa Bulletin for the Last Month of a Fiscal Year and Advised Filing of New EB-485 Applications in August During Visa Number Available

• Historically, the movement of EB visa cut-off dates tends to be either slow or in the worst situation, even move backward. There is no information available about the exact EB-2 visa numbers available for September 2011, the last month of FY 2011. The two factors may affect this: One is the filter-down numbers from EB-1 and the other is the new demand for EB-2 numbers. Currently the first factor may remain in favor of the EB-2 for the Indians and Chinese, but the pressure for increasing new EB-2 numbers is likely to continue since more and more Indians and Chinese with EB-3 cases have been filing new EB-2 cases to recapture the EB-3 priority date, thereby they can move their EB-2 cases closer to the EB-2 visa cut-off dates. Those whose EB-2 visa number became current in the August 2011 may not want to delay their filing of EB-485 applications when their visa numbers are current in August, "out of precaution."

08/04/2011: Latest H-1B Cap Count as of 07/29/2011

• Regular cap: 22,700 (out of total cap of 65,000)
• Master cap: 13,800 (out of total cap of 20,000)

08/04/2011: Latest H-2B Cap Count as of 07/29/2011

• Approved: 29,168
• Pending: 1,329
• Total received: 30,497
• It appears the H-2B processing has been slowed down as affected by the court order on the H-2B prevailing wage determination methodology and the OFLC's effort to comply with the court order and pending enactment of the wage methodology final rule. Once they start processing H-2B prevailing wage determination under the new rule, the numbers are likely to run out fairly fast. Please beware.

08/03/2011: USCIS Director, Mr. Mayorkas' Blog "Encouranging Enterpreneurs and High Skilled Workers to Bolster the U.S. Economy and Spur Job Growth"

• He clarifies that the USCIS will implement the following:
  • Immigrant entrepreneurs may obtain an employment-based second preference (EB-2) immigrant visa if they satisfy the existing requirements, and also may qualify for a National Interested Waiver under the EB-2 immigrant visa category if they can demonstrate that their business endeavors will be in the interest of the United States;
  • Expand the Premium Processing Service to immigrant petitions for multinational executives and managers;
  • Clarify when a sole employee-entrepreneur can establish a valid employer-employee relationship for the purposes of qualifying for an H-1B non-immigrant visa;
    Implement fundamental enhancements to streamline the EB-5 process based directly on stakeholder feedback;
  • Launch new engagement opportunities to seek input and feedback on how to address the unique circumstances of entrepreneurs, new businesses and startup companies.
• USCIS Fact Sheet

08/02/2011: Secretary Napolitano Announces Initiatives to Promote Startup Enterprises and Spur Job Creation

• It appears the report was somewhat exaggerated with reference to the USCIS initiatives for EB immigrants, if he referred to this DHS Secretary's announcement.

08/02/2011: USCIS Issues on 08/02/2011 Update Q&A on EB-2 FAQ Regarding Entrepreneurs and the EB-2 Immigrant Visa Category

• Read on.

08/02/2011: USCIS Issues on 08/02/2011 Update Q&A on Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions

• Update Q&A
• Memorandum
  

08/02/2011: White House to Host Teleconference Today to Solicit Ideas on Job Creation

• The President's Council on Jobs and Competitiveness is inviting any interested parties to participate in a Jobs and Competitiveness Listening and Action Session on Tuesday, August 2, 2011 at 1:00 PM Eastern (10:00 AM Pacific). This is one in a series of engagements to solicit input from business leaders on how the public and private sectors can partner to create opportunity and job creation. During the session, Jobs Council members, administration officials, and other business leaders and entrepreneurs will discuss ways to continue to incent and catalyze high growth entrepreneurship and innovation.
• In addition, the Administration will be making an announcement today that outlines a series of efforts designed to realize the full potential of our immigration laws to attract the best and brightest from around the world and encourage them to invest their talents, skills and ideas to grow our economy and create American jobs. To join the engagement, please visit the USCIS website at www.uscis.gov and click on the banner invitation. You can also submit questions for panelists in real-time through the White House Live Facebook application. To view or participate, please click here.

08/02/2011: USCIS Reportedly to Announce Today Administrative Fix Plan for Employment-Based Immigrants

• Report indicates that the USCIS Director disclosed yesterday that he will unveil today a plan to make it easier for some foreigners to qualify for legal permanent residence, or green cards, if they can demonstrate their work will be in the U.S. national interest. The changes will also include a way for entrepreneurs to obtain work visas without a job offer from an established company. Reportedly he also plans to announce that USCIS will be training its examiners on how visa-eligibility requirements apply to entrepreneurs. As part of the new initiatives, foreign entrepreneurs will be eligible for a so-called EB-2 immigrant visa without a specific job offer, as long as they demonstrate that their business endeavors will be in the U.S. national interest. As part of the new measures, a sole entrepreneur can also qualify for an H-1B if the individual's employment is decided by a corporate board or shareholders of the start-up company. The USCIS is reportedly also seeking to speed up the approval process by hiring additional adjudicators to evaluate applications and enabling petitioners to make their case before an expert panel should their application require further evidence or be denied. The moves apparently come as demand for H-1B visas has fallen.
• Please stay tuned to this website for the scheduled release of the plan.

08/02/2011: House Passed H.R. 398 of Rep. Zoe Lofgren to Toll I-751 Filing and Interview During Active Military Duties Overseas

• The House passed yesterday Rep. Zoe Lofgren's H.R. 398 to toll, during active-duty service abroad in the Armed Forces, the periods of time to file a petition, I-751, and appear for an interview to remove the conditional basis for permanent resident status:by a \2/3\ yea-and-nay vote of 426 yeas with none voting ``nay." This bill has been reported to the Senate yesterday and referred to the Senate Judiciary Committee for its action.

08/02/2011: House Passed H.R. 1933 of Rep. Lamar Smith to Modify H-1C Visa Requirement for Foreign Nurses in Certain Nursing Shortage Area

• The House passed yesterday Rep. Lamar Smith's H.R. 1933 to modify the requirements for admission of nonimmigrant nurses in health professional shortage areas by a \2/3\ yea-and-nay vote of 407 yeas to 17 nays. This bill was reported to the Senate and referred to the Senate Judiciary Committee for its action.

08/01/2011: OFLC Announcement on New Wage Methodology Effective Date

• The announcement states that the Department has published in the Federal Register a Final Rule to amend the effective date of the Wage Methodology for Temporary Non-agricultural Employment in the H-2B Program. The Final Rule makes the change in the methodology effective for all work performed on or after September 30, 2011. It is still not clear whether the publication of final rule with the effective date of 09/30/2011 will lead to reinstatement of ETA 9141 prevailing wage determination which has temporarily suspended pending this rule. AILA has reported that the agency has been notifying the PWD request filers that there will be delays because they will have to reissue the PWD.

07/29/2011: Temporary Suspension of OFLC's Prevailing Wage Determination, ETA 9141, Causing Delays in Recruiting for and Filing of PERM Applications

• The OFLC's prevailing wage rule has been in a federal court litigation in regards to the wage determination methodology for H-2B cases, followed by the court order to change the methodology of prevailing wage determination with a timeline set by the court. The new methodology was initially published with the effective date of January 1, 2012, which failed to comply with the court order, and the OFLC initiated a new proposed rule on 06/28/2011 to change the effective date to 60 days from the date of publication of the final rule with their anticipation that the final rule will be published on 08/01/2011 so that the new rule can take effect on or about 10/01/2011. Under this schedule, the OFLC is scheduled to publish the final rule next Monday, 08/01/2011, in the federal register. (See advance copy). According to the revised Final rule which will be published on Monday, the final rule will take effect on or about 10/01/2011 instead of 01/01/2012. Pending the foregoing court battle jig jags, the agency's prevailing wage determination has been suspended. It is uncertain whether the determination of prevailing wage, ETA 9141, can be resumed soon or will have to wait until 10/01/2011. The date of reinstatement of the prevailing wage determination remains unclear and up in the air. By next Monday or Tuesday, we will have a better picture on the status of suspension of the prevailing wage determination of the DOL. Please stay tuned to this website.

07/29/2011: State of Employment-Based Immigration Reform Legistive Movement: Green Card and H-1B

• The Senate Judiciary Immgration Subcommittee hearing on immigration reform on July 26, 2011 has brought back the issue of piecemeal immigration reform of employment-based immigration system to the legislative and political attention in the Hill. For a good summary of this movement, please read the ComputerWorld article of 07/29/2011.

07/29/2011: USCIS Employment First Preference EB-1 I-140 Petition Receipts, Approvals, Denials and RFE Statistics for FY 2010 and FY 2011

• According to the report of the AILA, as of July 19, 2011, the Service Centers had the following record of EB-1 I-140 processing in FY 2010 and FY 2011. These statistics are important to understand the gap in volumes and processing times between Nebraska Service and Texas Service Center and the total number of EB-1 visa numbers that will affect the potential filter-down of unused EB-1 visa numbers to EB-2 category in the annual visa number cut-off date decision. There are tiny and tiny numbers which are processed by CSC and VSC, but these numbers are so small that people can ignore those numbers. Since it is a statistics compiled as of July 19, 2011, it is fresh enough to get the picture of the two Service Center's I-140 processing volumes and processing backlogs in EB-1 category and total annual EB-1 numbers consumed or to be consumed by the end of this fiscal year. The statistics reflect that as of July 19, 2011, the total EB-1 number that will consume is estimated to be less than 4,200, excluding denied cases. It is not too bad at all for the Indian and Chinese EB-2 waiters. This statistics also reflects the current I-140 processing backlogs in the Texas Service Center. This statistics show a large difference between NSC and TSC for the volumes which these two Service Centers had to process - almost double in TSC. Currently, TSC takes much more than four months to process I-140 petitions.

07/26/2011: Today's Senate Judiciary CIR Related Hearing: Text of Witness Testimonies

• Please revisit our posting of 07/20/2011 and read the texts of witness testimonies.

07/26/2011: Advance Copy of USCIS Secondary Inspections Tool Notice for OMB Clearance and Public Comment

• The Secondary Inspections Tool (SIT) is an internet-based tool that processes, displays, and retrieves biometric and biographic data from the Automated Biometric Identification System (IDENT) within the USVisitor
  and Immigrant Status Indicator Technology (US-VISIT) system. USCIS trained staff in USCIS District/ Field Offices will be instructed to use SIT at the time of a required interview in connection with an immigration or naturalization benefit request, or at the time of an individual’s appearance at a USCIS District/Field Office to receive a document evidencing an immigration benefit, each instance following a required appearance at an Application Support Center (ASC) for fingerprinting. This information collection is necessary for USCIS to collect and process the required biometric and biographic data from an applicant, petitioner, sponsor, beneficiary, or
  other individual residing in the United States. .
• An estimate of the annual total number of cases: 1,622,176. See the copy.

07/25/2011: OFLC ICERT Alert of ICERT System Outage Tomorrow Morning!

• The next release of the iCERT system is scheduled for 8 am to 9 am ET on Tuesday, July 26, 2011. During this time the system will be unavailable.

07/25/2011: OFLC Adds New FAQ to H-2A Program

07/25/2011: USCIS Releases Latest H-1B Cap Count as of 07/22/2011

• Regular Cap: 21,600 (out of 65,000 annual cap)
• Master Cap: 13,300 (out of 20,000 special annual cap)

07/25/2011: USCIS Releases Latest H-2B Cap Count as of 07/22/2011

• Total Received: 29,568
• Total Approved: 29,127
• Pending: 441

07/24/2011: House Judiciary Passes H.R. 704, SAFE for America Act Bill by 19:11 Majority to Eliminate Immigration Lottery Program

• There have been two bills in the House to eliminate DV program. One proposed to eliminate the immigration lottery program and use the visa numbers for certain employment-based immigration programs. The other bill proposed just to eliminate the immigration lottery program and no replacement by any other immigration programs. The latter bills was introduced by Rep. Goodlatte of Virginia with 39 sponsors. This is the bill which the House Judiciary Committee passed on July 21, 2011, Thursday. The Committee ordered to report it to the full House.
• Read also Rep. Goodlatte's new release.

07/23/2011: House Immigration Subcommittee Hearing Scheduled 07/27/2011 Proposing Suspension of TPS Designations, Current Law on Waiver of Inadmissibility or Cancellation of Removability, Discretionary Parole, Deferred Action, and Other Prosecutorial Discretionary Relief Until 01/21/2013

• The Subcommittee hearing will pose the most serious challenges to immigration practitioners in local practice and removal proceedings seeking various relief for their clients who are subject to removability or inadmissibility because of their mistakes in their lives in the past. Current law provides various reflief available for such aliens on equitable considerations and authorize the DHS to exercise a prosecutorial discretion either to defer prosecution or to give a relief, should the alien meets certain standards for relief. The House bill, H.R. 2497, "Hinder the Administration's Legalization Temptation Act" (HALT Act) is harshly attempting to suspend such relief, including:
  • Waiver of Inadmissibility
  • Admission on Parole
  • Cancellation of Removability, granting a lawful permanent resident status by the Immigration Courts
  • Extended Voluntary Departure
  • Deferred Action
  • Designation of new TPS countries.
• It rerminds this reporter of one painful experience in his law practice in 1981 involving a foreign woman with limited education serving American G.I. soldier stationing in her country nearby demilitarized zone dividing communist part of the country and so-called democratic part of the divided country. She met and lived with one GI soldier, who brought her to a small rural and isolated village in remote mountain area in the United States. The woman was the first "alien" the village had ever seen in the area. The life was miserable beyond description in the environment that ridiculed and dispised the "alien" animal. The man with no secured job and no skills worked in a farm part-time, rest of his life spent on alcohol and sexual abuse over the "alien" wife demanding all weird sexual acts and constantly subjecting the woman to the sexual act day and night. Sex produced two beautiful boys, two and four years of age. And then, the GI solder was called back to serve in the foreign country again, and four of them moved back to the demilitarized zone. One night, while guarding the zone from the communists, he was beheaded and killed by the communist intruders. The "alien" woman with two minor kids carried her dead husband to their family in the rural village. The first hurdle she had to face was to get a visa from the American consulate in the country. She did not have any visa. Her husband deceived her all along that he had filed a green card application for her, which turned out to be not true. In order for him to keep her from escaping from the rual mountain village, he seized her passport and continuously told her green card "is coming and coming" in the mail. The American Consulate gave her two-month visitor's visa to accompany her dead husband body and two U.S. citizen minor children. Raising the so-called "mixed blood" kids in the foreign country at the time (early 1980s) would have been devastating to the children because in the 1980s, the foreign country was not as opened as one might have hoped for and"yankee" mixed blood children were ridiculed by other children. Additionally, such a woman who lived with a yankee was labelled as a "Yankee Prostitute." On the other hand, she was not allowed to stay in the U.S. longer than two months because she was given only two-month visitor's visa. She was trapped and her life was trapped. The system choked her close to insanity. She applied for extension of the visitor status, which was denied by the INS. She was to be deported. A lawyer was not supposed to be emotional and should have stayed "cold anad cool" strictly on "cold" facts and reality. However, this reporter experiend unbearable pain and was enraged by the things surrounding this poor "alien" animal woman and two beautiful tender-aged Amercian boys. This reporter dropped tears more than two times over the insanity involving the government and events surroung her and her family. As a student lawyer, this reporter filed so-called "Deferred Action" seeking prosecutrial discretion of the INS indefinitely holding off execution of deportation. After some struggle, the Deferred Action relief was granted by the then local District Director of the INS. However, this reporter still feels pains in every part of his body over how far cruelty and insanity could go, completely losing "humanity." Beyond the black prints of law, there should be a justice and equity in a decent and civilized human society.

07/23/2011: Office of Foreign Labor Certification Releases Latest PERM Processing Statistics as of May 31, 2011

• It indicates that 37% of cases were "Master's Degree" jobs and another 37% were taken by "Bachelor's degree jobs. No wonder why the EB-2 visa numbers are under pressure in the visa number allocations for the State Department. The rate of PERM applications increased 63% in FY 2011 over the same for FY 2010. As of the end of May 31, 2011, there were 29% of PERM applications which are being audited. This law firm's record indicates that the rate of audits is expected to rise continuously asking copy of all the applications which the employers have received in response to their advertisements. Beware.
• The Office of Foreign Labor Certification is planning to release the PERM processing statistics regularly. We thank the OFLC leaders for making the statistics available to the public going beyond the interest groups.

07/20/2011: USCIS Releases Statistics on Processing of Naturalization Applications as at End of May 2011

• Read on.

07/20/2011: USCIS Releases Statistics on Processing of Immigration Benefits Applications as at End of May 2011

• Read on.

07/20/2011: Senate Immigration Subcommittee Schedules Immigration Reform Hearing on 07/26/2011

• As we reported yesterday, the Senate Immigration Subcommitte is scheduling a hearing on “The Economic Imperative for Enacting Immigration Reform” on Tuesday, July 26, 2011.
• The list of witnesses who will appear and testify on this hearing are as follows:
  • Robert Greifeld, CEO of NASDAQ OMX Group
  • David J. Skorton, President of Cornell University
  • Brad Smith, General Counsel and Senior Vice President, Legal and Corporate Affairs, Microsoft Corporation
  • Dr. Puneet S. Arora
  • Ronil Hira, Ph.D., Associate Professor of Public Policy, Rochester Institute of Technology
  • The Honorable Laurent F. Gilbert, Mayor of Lewiston, Maine
  • The Honorable David Roefaro, Mayor of Utica, New York
  • The Honorable Paul Bridges, Mayor of Uvalda, GA
• We will report the text of the testimonies as soon as they are made available. Please stay tuned.

07/20/2011: USCIS Releases Today Processing Times Update of 07/20/2011

• See our home page.

07/20/2011: H.R.1933 Bill for Changes to H-1C Visa for Nonimmigrant Foreign Nurses in Health Professional Shortage Area on the Move

• This bill was introduced in the House by Rep. Lamar Smith of Texas on May 23, 2011 this year and fairly quickly passed the House Judiciary Committee which he chairs. Yesterday, this bill was placed on Union Calendar for the full House floor action soon. This bill provides as follows:
  • Extension of Period of Authorized Admission:
    • The initial period of authorized admission as a nonimmigrant shall be 3 years, and may be extended once for an additional 3-year period.
    • Number of Visas shall be reduced to300 a year instead of current 500.
    • Portability:
      • The qualifed nonimmigrant alien under this law who was previously issued a visa or otherwise provided nonimmigrant status of H-1C will be authorized to accept new employment performing services as a registered nurse for a qualified facility under the law upon the filing by the prospective employer of a new petition on behalf of such nonimmigrant nurse. Employment authorization will continue for such alien until the new petition is adjudicated. If the new petition is denied, such authorization shall cease.
      • Qualification of the nonimmigrant alien under the law: A nonimmigrant alien--(i) who has been lawfully admitted into the United States;(ii) on whose behalf an employer has filed a nonfrivolous petition for new employment before the date of expiration of the period of stay authorized by the Secretary of Homeland Security, except that, if a nonimmigrant in H-1C is terminated or laid off by the nonimmigrant's employer, or otherwise ceases employment with the employer, such petition for new employment shall be filed during the 45-day period beginning on the date of such termination, lay off, or cessation; and (iii) who, subsequent to such lawful admission, has not been employed without authorization in the United States before the filing of such petition.
  • Effective Dates:
    • (1) IN GENERAL- During the 3-year period beginning on the commencement date as defined belor, the amendments made by section 2 of the Nursing Relief for Disadvantaged Areas Act of 1999 (Public Law 106-95), and the amendments made by this section, shall apply to classification petitions filed for nonimmigrant status. This period shall be in addition to the period described in section 2(e) of the Nursing Relief for Disadvantaged Areas Act of 1999.
    • (2) COMMENCEMENT DATE- Not later than 60 days after the date of the enactment of this Act, the Secretary of Homeland Security shall determine whether regulations are necessary to implement the amendments made by this section. If the Secretary determines that no such regulations are necessary, the commencement date described in this paragraph shall be the date of such determination. If the Secretary determines that regulations are necessary to implement any amendment made by this section, the commencement date described in this paragraph shall be the date on which such regulations (in final form) take effect.
• Please read the Chairman's full written report on history and purpose of this legislative bill. As we commented earlier when this bill was first introduced, this bill has a plus side and minus side for the nurses who seek the H-1C nonimmigrant status under the amended law. Please beware.

07/19/2011: OFLC Releases on 07/19/2011 Explanation for Implementation of New Standard Occupational Classification (SOC) 2010 for Prevailing Wage Determination and Foreign Labor Certification Applications

• It states that: In January 2010 the BLS Standard Occupational Classification (SOC) was updated. This year the BLS Occupational Employment Statistics (OES) began issuing prevailing wages using the new SOC occupations and a few transitional occupations. The OFLC iCERT system and FLC Data Center incorporated this data as of July 5, 2011. There are also some new occupations as well as changes to titles and definitions. As a result, employers may find the occupation code used on previous applications is no longer available. Employers are responsible for determining the appropriate SOC. For the details, please read the entire test including attached links.
• Attached links are as follows:
  • BLW 2010 SOC Related Publications
  • BLW's Technical Notes for May 2010 OES Estimates
    
• Practitioners and employers filing foreign labor certification applications and temporary nonimmigrant worker applications should read this materials. The materials are huge, but they should review and familialize themselves with the new classfication and background materials.

07/19/2011: USCIS Schedules Very Important Public Engagement Session on I-539 Online Filing System

• The USCIS Office of Transformation Coordination and the Office of Public Engagement invite any interested parties to participate in an engagement on Wednesday, July 27th at 2:00pm to review the implementation and use of the agency's new online system. USCIS is undertaking an agency-wide initiative to move immigration services from a paper-based system to a new electronic, account-based system that uses improved technologies and re-designed business processes. Over the next several years, USCIS will deploy a simplified, web-based system that will allow customers to submit and track their applications and enhance USCIS's ability to process cases with greater precision, security, and timeliness.
• The first release of the new system will be in December 2011. The stand-alone Application to Extend/Change Nonimmigrant Status (Form I-539) will be the first benefit type to be part of the new online system. The initial release will directly affect applicants who are attempting to extend, change or reinstate the following nonimmigrant visa classifications:
  • B-Visa: Temporary Visitor for Business or Pleasure
  • F-Visa: Academic Student
  • J-Visa: Exchange Visitor
  • M-Visa: Vocational or Other Nonacademic Student
• Over the last several years, USCIS has sought stakeholder feedback in local listening sessions and national engagements. This feedback has been instrumental in informing the development and deployment of the new system. USCIS has also used this feedback to identify challenges for stakeholder acceptance of the system. During this engagement, USCIS will share examples of how Transformation is addressing stakeholder issues in the initial and future deployments.
• How to Participate: Any interested parties may participate in this event in person or by telephone. All participants must respond to this invitation. Please contact the Office of Public Engagement at public.engagement@dhs.gov by Tuesday, July 26 and reference the following in the subject line of your email:
  o If you plan to attend in person, please reference "Transformation - In Person"
  o If you plan to attend by phone, please reference "Transformation - Phone"
• Please also include your full name and the organization you represent, if any, in the body of the email.
  

07/19/2011: Latest H-1B Cap Count as of 07/15/2011

• Regular cap: 20,500 (out of total cap of 65,000)
• Master cap: 12,800 (out of total cap of 20,000)

07/19/2011: November 2012 Presidential Election Politics and Devastating Vacuum in Visions and Strategies for Immigration Reform

• Lately here and there, sporadically, the national political leaders have been spilling news on their interests and understanding of importance of immigration reform for the nation's future, not to mention the immigrants' future, with suspicious substance in the information. Daily, we hear exodus of the nation's highly needed foreign talented workers from this country and practical cease of illegal immigration flows from the Southern borders, critically and negatively affecting the nation's hightech and R&D industries and farm product industries. What about losing competitive edge and momentum in this rapidly changing global world and economy? You be the judge of it.
• Still, the leaders of both parties, both Chambers of nation's legislature, and the White House continue to live in a vaccum and lack of visions for the future of this nation's immigration policies and directions. All thepeople hear in the paper and electronic media is bickering of these leaders on confrontation in the budget deficit, debt, and proposals which are fully loaded with their election strategies and interests at both National and state levels. In Minnesota, the state government has beeen shut down since July 1 and still people do not know how to live their lives, including applications for licenses and government services. There is an indication that a U.S. Senate committee may start bringing up immigration reform issues next week, but we are not only close to the summer but to the end of summer season which will be followed by their long summer recess. People feel pity that the nation's leaders lack a long-term vision and sense of direction to lead this nation in the growing competitive world. Wake up, the LEADERS!

07/19/2011: GAO 07/14/2011 Report on Commonwealth of the Northern Mariana Islands (CNMI) : Status of Transition to Federal Immigration Law

• In May 2008, the United States enacted the Consolidated Natural Resources Act (CNRA), amending the United States' covenant with the Commonwealth of the Northern Mariana Islands (CNMI) to establish federal control of CNMI immigration in 2009, with several CNMI-specific provisions affecting foreign workers and investors during a 5-year transition period that began on November 28, 2009, and ends in 2014. One of these provisions authorizes a transitional CNMI-only work permit program that may be extended for up to 5 years at a time past 2014. In addition, CNRA amends existing U.S. immigration law to establish a joint visa waiver program for the CNMI and Guam. CNRA requires that GAO report on implementation of federal immigration law in the CNMI 2 years after enactment. The report indicates that as of April 2011, CBP had processed approximately 515,000 arriving travelers in Saipan and Rota. As of May 2011, ICE had identified approximately 1,700 individuals in potential violation of U.S. immigration laws, processing about 240 for removal. As of June 2011, USCIS had processed approximately 1,000 CNMI applications for permanent residency and 100 CNMI applications for naturalization or citizenship.
• What is the current status of the DHS implementation? This report indicates that DHS has not finalized regulations for a federal CNMI-only transitional permit program for foreign workers, required by CNRA, but has completed regulations implementing other required programs for visitors and investors. In June 2011, DHS submitted a draft final rule for the CNMI-only permit program to the Office of Management and Budget (OMB); currently, the permits remain unavailable. In 2009, DHS issued an interim final rule for a Guam-CNMI visa waiver program and the program became operational. However, DHS is still considering whether to include China and Russia in the program, according to CBP officials. In 2010, DHS issued a final rule allowing a large proportion of investors holding CNMI long-term foreign investor permits to obtain U.S. CNMI-only nonimmigrant treaty investor status during the 5-year transition period that began in 2009. DHS has approved about 20 applications for this status. Several pending issues could affect the CNMI's labor market and economy. First, the content and implementation of DHS's final rule for the federal CNMI-only work permit program will affect CNRA's potential impact on the CNMI economy. CNRA requires DHS to determine the number, terms, and conditions of the permits, reducing them to zero by the end of the transition period in November 2014 or any extension of the program past that date. Because of foreign workers' prominence in key CNMI industries, any substantial, rapid decline in the permits would negatively affect the CNMI economy. Second, CNMI government-issued permits to remain in the commonwealth will expire on November 27, 2011. Thus, limited time is available for employers to submit petitions for workers to receive the federal work permits, for workers and dependents to submit biometrics such as fingerprints, and for USCIS to process these submissions. Third, with the transition to federal immigration law, it is uncertain whether Filipino and Korean workers previously admitted under a specific CNMI immigration category--about 75 percent of foreign workers in the CNMI in 2009--who obtain CNMI-only work permits will be covered by Social Security. In addition to these issues, legislation introduced in Congress proposes CNMI resident status for certain long-term residents, and DOI has recommended that Congress consider allowing certain foreign workers in the CNMI to apply for long-term resident status. Read on.
  

07/18/2011: USCIS Administrative Appeals Office (AAO) Processing Times of July 1, 2011 as Released on July 18, 2011

• Processing of appeals of popular nonimmigrant and immigrant petitions for foreign workers takes long time. From the foreign worker perspectives, the delays in processing of appeals hurt more in nonimmigrant petitions than immigrant petitions in that in the immigrant cases, particularly for Indians and Chinese, the key that counts for their immigration jouneys lies with securing priority date as opposed to processing times of their petitions because of the current immigrant visa number regression, while in nonimmigrant cases, particularly H-1B and L-1 petitions, delays in appeals result in more deadly consequences. For the reasons, in H-1B and L-1 cases, both employers and foreign workers should consult legal counsel to see whether appeal is a workable and adviceable option for their immigration journey as opposed to filing a new H-1B or L-1 petition with the same or different employers when such options are available. I will let the readers be judge of the point for themselves from the following processing times information:

Nonimmigrant Case	Type	Processing Times
	H-1B	20 months
	L-1	23 months
Immigrant Case	EB-1A Extraordinary Workers	15 months
	EB-2 Advance Deg	32 months
	EB-2 NIW	13 months
	EB-3 Skilled Wkers	34 months

07/18/2011: Valuable Data Released by USCIS to Enhance Transparency

• USCIS today announced the availability of new data reports covering agency performance in a broad range of data and operational areas to enhance transparency and improve customer service. USCIS' Office of Performance and Quality has now made ten data sets available to the public on USCIS website at the following address: www.uscis.gov/data. Four of the data sets will be updated monthly;
  • they include processing times for naturalization applications N-400 and N-400 performance data;
  • I-485 performance data;
  • Statistics on I-914(T) and I-918(U) visa statistics (victims of trafficking and victims of crime).
• Additionally, the following data sets have been published and will be updated quarterly:
  " Total number of receipts and approvals by quarter and year-to-date for all form types;
  " I-129 (petition for nonimmigrant worker) performance data by state and company;
  " I-130 (petition for alien relative) performance data;
  " I-914(T) and I-918(U) visa statistics;
  " N-600 (application for certification of citizenship) performance data; and
  " N-644 (application for posthumous citizenship).
  USCIS will continue to add more data sets to the web page in the future.
• Wow, wonderful!

07/15/2011: USCIS Director Alejandro Mayorkas Seeks Information Regarding Customer Service

• The Director is seeking opinion and comment on the current customer services by the USCIS Customer Services. For the details, please click here.

07/15/2011: Effective 07/13/2011, USCIS Changed RFE Response Timeframe Policy

• The USCIS published Interim Policy Memorandum on Change in Time Frames for RFE Response on 07/13/2011. The new policy has been in effect since that day. The USCIS currently seeks comments from the stakeholders and the public. This memorandum changes the previous policy of setting the RFE response time flexible to a fixed timeframe to achieve a consistency. The fixed timeframe for RFE response which the adjudicators who issue the RFE must follow is as follows:
  • Standard timeframe for I-539: 30 days
  • Standard timeframe for All Other Form Types, regardless of whether the request is for initial or additional evidence, or whether the evidence is available in the United States or is obtained from overseas sources: 84 days (12 weeks)
• USCIS officers may reduce the response time from the standard timeframes only after obtaining supervisory concurrence. This discretion should be used on a case-by-case basis when warranted by circumstances as determined by the adjudicator and the supervisor.
• When an RFE is served by mail, USCIS officers should include additional mailing time for the RFE to reach the applicant/petitioner and for the response to reach USCIS. The standard mailing time established by regulation is three days.
• As a matter of policy, USCIS has determined that the mailing time should be longer when the applicant or petitioner is residing outside the United States. Appendix 10-9 of the AFM is amended to include appropriate mailing times in addition to standard response times.
• This Policy Memorandum does not apply to asylum applications or applications for relief under Section 203 of the Nicaraguan Adjustment and Central American Relief Act (¡§NACARA 203¡¨). Pursuant to 8 CFR 208.9(e), an asylum officer may, as a matter of discretion, grant a brief extension of time following an interview during which the asylum applicant may submit additional evidence. A similar provision exists for NACARA 203 applicants. See 8 CFR 240.67(b)(6).
• Caveat: Regardless of the foregoing new policy, those who receive RFEs should comply with the Response Timeframe which is set forth in the RFE by the Adjudicator. Deviation of the adjudicator from the foregoing policy should be handled as a separate matter.

07/15/2011: DHS Seeks Comment on Minimum Standards for States' Driver Licenses and Identification Cards Acceptable by Federal Agencies Under REAL ID Act

• The REAL ID Act of 2005 prohibits federal agencies from accepting state-issued drivers’ licenses or identification cards for any official purpose – defined by the Act and regulations as boarding commercial aircraft, accessing federal facilities, or entering nuclear power plants – unless the license or card is issued by a state that meets the requirements set forth in the Act. The REAL ID regulations, which DHS issued in January 2008, establish the minimum standards that states must meet to comply with the Act. These include requirements for presentation and verification of documents to establish identity and lawful status, standards for document issuance and security, and physical security requirements for driver’s license production facilities. For a state to achieve full compliance, the Department of Homeland Security (DHS) must make a final determination on or before January 15, 2013, that the state has met the requirements contained in the regulations and is compliant with the Act. The regulations include new information reporting and record keeping requirements for states seeking a full compliance determination by DHS. As discussed in more detail below, states seeking DHS’s full compliance determination must certify that they are meeting certain standards in the issuance of driver’s licenses and identification cards and submit security plans covering physical security of document production and storage facilities as well as security of personally identifiable information. States also must conduct background checks and training for employees involved in the document production and issuance processes and retain and store applicant photographs and othersource documents. States must recertify compliance with REAL ID every three years on a rolling basis as determined by the Secretary of Homeland Security. DHS seeks comment for 60 days beginning from 07/18/2011 when the notice will be officially published. For the advance copy, please click here.

07/12/2011: August 2011 Visa Bulletin Link Restored

• The August Visa Bulletin was released this morning, but later the link was broken. This problem has been fixed by the State Department. It appears that while they reset up the link into a different line to give a room for future release of September Visa Bulletin, the link was temporarily removed.

07/12/2011: August 2011 Visa Bulletin

• India and China EB-2 moved to April 15, 2007. India EB-3 remains at 06/02/2002. Frustrating.
• State Department Prediction of September 2011 Visa Cut-Off Dates:
  • Heavy applicant demand for numbers in the Family First preference could require retrogression of some of the September Family First preference cut-off dates. This action may be necessary to keep visa issuances within the respective annual preference numerical limits. If this were to occur they could be expected to return to the previous cut-off date for October, the first month of the new fiscal year.

07/12/2011: Implementation of New SOC Occupational Classification Effective 07/01/2011 and Confusion Created by Use of Old and New Occupational Classifications in Wage Data

• The DOL is implementing OMB adoption of new SOC classficiations which were published as final rule on January 21, 2009. Those who want to compare these two classification as published in the final regulation may want to revisit our earlier report back in 2009. Here is another link. Our readers may read the final rule.

07/11/2011: State Department Releases Demand Data Used in the Determination of the August 2011 EB Cut-Off Dates

• Read on.

07/09/2011: EB-485 Approval and Question of New Permanent Resident's Obligation to Continue Employment With the Employer

• Those who obtain permanet resident statuses through the sponsorship of employers commonly face this question as to what is their legal obligation to continue working for the employer. There are no hard and fast fixed rules on this question. However, there are a few points which the new EB immigrants should be aware of. Two of these questions, among others, include definition of "permanent" employment and "intent" of the new EB immigrant. These EB immigrants obtain the green card with a promise to work for the employer for the permanent job, meaning that both the employer and the sponsored employee must retain their intent to keep the permanent employment once such EB green card is approved. However, permanent employment does not necessarily create a concept of a slave mandating an employee to work for the employer until the beneficiary dies. Generally, "permanent" means "indefinite" period of time. Thus if the employer or beneficiary has any intent to hire or work only for a "fixed" period of time, no matter what period it may be, it runs into trouble with compliance with the law. Then what we mean by "indefinite" period? It literally means that the employment end date is not fixed. The result can be short and long. Such employment can be terminated either by employer or employee afterwards any time for a number of reasons and causes that developed afterwards. As far as the employer's commitment is concerned, company's business can experience business slow-down or bankruptcies and it must lay off or close the business. Such event does not affect the employer's intent to hire the employee for "permanent" period of time. The employer can terminate employment for good causes including dismissal for poor performance or certain behavior or conduct. What about the beneficiary alien employee? There may be a lot of reasons for which he or she may have to leave the job because of certain factors which developed after obtaining the green card or because of certain causes which are beyond his or her control. As far as the employee is concerned, the key lies with his or her "intent" at the time of approval of the green card. The catch word is "intent." If he or she has "preconceived" intent not to work for the employer or not to work for "indefinite" period of time at the time of green card approval, such evidence can cause revocation of his/her green card by the agency. There can be some "direct" evidence to such intent such as a letter or other material evidence searching for a job, particularly in different types of occupations or to move to other areas, etc, etc. In such cases, intent which is reflected in such evidence should be clear not to work for the employer and not to work indefinitely. In old days, angry employers who possessed such evidence contacted the INS asking to revoke the green card based on such evidence. The difficult question arises when there are no such evidence directly implicating the "intent" of the employee. Since one cannot go into the head of the employee, it is going to be very difficult to prove by other parties, including the government agencies. However, there is one rule these new EB immigrants should know which are indirectly related to this intent issue. It is rule of 60/90-day presumption of intent which generally applies in the immigrant and nonimmigrant proceedings. The rule means that if certain event or change takes place within 60 days prior to or post grant of immigration or nonimmigrant benefits, there is a presumption of intent in favor of the government that what happened was indeed intented by the alien. Presumption means that it can be overcome by the alien's evidence in favor of himself or herself, but still the burden of proof lies with the him or her and the government does not have to prove it since it does not have a burden of proof of the issue. This presumptions stems from importance of "time" factor and lapse of time that can infer one's mind and intent. The shorter the time lapses, the more evident what the real intent was. The longer time lapses, the less evident what was the real intent or mind of the person was. To sum it up, the general answer to the question of this discussion suggests two rules the new EB immigrants should remember. There should be no direct evidence that can establish his intent not to work for the employer or there was no such job at the time of green card approval. The latter question often pops up in the naturalization proceedings which require to disclose the employment for past five years. If such information on employment history indicates that alien did not work for the sponsoring employer or alien worked for another employer immediately the date after the green approval date, it should be a red flag for naturalization adjudicator to see whether the green should have been granted and whether the green card should be revoked. This does not happen all the time, but some old timer veteran adjudicators can look into this issue. The second rule would be that assuming they did not leave such direct evidence out there, people may still not change the job at least two or three months to avoid the presumption rule. This presumption rule is officially adopted not in the green card procceding but in nonimmigrant proceedings, but the agency can still use in immigrant proceeding as well. These immigrants should also look into carefully their employment contracts. Even if they do not run into immigration program, such departure from the employment can run into a poblem of breach of contract and may be liable for hefty amount of payment for the breach in court. Lastly, the EB immigrants cannot ignore importance of moral and ethical issues other than legal issues in dealing with the subject of present discussion.
• The soon-to-be released August Visa Bulletin may or may not produce massive new permanent residents soon. This reporter wishes that foregoing information gives not necessarily information on the law and rules but some tips of information as to how they should conduct themselves after they receive the plastic cards in their hands. Welcome to America!

07/09/2011: USCIS Releases Q&A of its HQ Service Center Operations Directorate's Teleconference with AILA on 06/22/2011

• The Service Center Operations Directorate is the USCIS Headquarters division is the boss for the Service Centers for their policies and operations. The AILA regularly schedules a teleconfierence with it to ask some questions and to obtain up-to-date information and resolution of some issues on operation of the Service Centers and their policies and practices. The following points are particularly noteable:
• Question on people from those countries who were subject to NSEERS: Not too long ago, these countries were removed from NSEERS list. However, when it comes to the details of implementation of the policy change, a guidance is still is still in the process of making. However, this teleconference clarifies that when their addresses are changed, they can report change of address using regular AR-11 instead of AR-11SR for NSEERS nationals.
• Question on location of concurrent I-140/I-485 applications: All concurrent I-140/I-485 applications must be filed with the Lock Boxes and not with the Service Centers unless the concurrently filed I-140 petition requests Premium Processing Services, in which case the concurrent filing of I-140/I-485 must be filed with the Service Center of jurisdiction.
• Question on avalability of recapture of time spent overseas for R-1 religious workers: Unlike H-1B or L-1 nonimmigrants, such recapture is not available.

07/09/2011: House Bill to Toll Period of Time to File I-751 Petition & Have Interview for Removal of Condition During Military Services Moving Ahead

• This bill, H.R. 398, was introduced by Rep. Zoe Lofgren of California on January 24, 2011, is now making a progress and put on the House Union Calendar yesterday for the House passage. This bill provides two tolling provisions for the spouse in military services for filing of I-751 or interview for I-751 adjudication:
  • (1) Tolling of Filing of Petition: The legal requirement for the conditional permanent resident to file I-751 to remove the conditional permanent resident status within 90 days of second anniversay of approval of conditional permanent resident status can be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that, at the option of the petitioners, the petition may be filed during such active-duty service at any time after the commencement of such 90-day period.
  • (2) Tolling of Personal Interview for I-751: The 90-day period described in the first sentence of subsection (d)(3) shall be tolled during any period of time in which the alien spouse or petitioning spouse is a member of the Armed Forces of the United States and serving abroad in an active-duty status in the Armed Forces, except that nothing in this paragraph shall be construed to prohibit the DHS from waiving the requirement for an interview under subsection (c)(1)(B) pursuant to the Secretary's authority under the second sentence of subsection (d)(3).

07/08/2011: Congress and Administration Launch Action to Crack Down Immigration Scammers and Unauthorized Immigration Businesses

• This problem has been growing and deterorating lately immigration scammers preying on vulnerable immigrants with fradulent schemes, misrepresentations, and even threats to reach their pockets. The DHS and USCIS have just lanuched a campaign and action to deal with this problem. However, reportedly there is no federal law to control these scammers. For the reasons, the Senior Senator from California, Diane Feinstein, introduced a bill, S. 1336, to control such immigration scammers. Read the Senator's news release. Way to go, Senator! Hats Off to You.
• Full text of the bill:
  • SECTION 1. SHORT TITLE.
    • This Act may be cited as the ``Immigration Fraud Prevention Act of 2011''.
  • SEC. 2. MISREPRESENTATION.
    • (a) In General.--Chapter 47 of title 18, United States Code, is amended by inserting at the end the following:``§1041. Misrepresentation
    • ``Any person who knowingly and falsely represents that such person is, or holds himself or herself out as, an attorney, an accredited representative, or any person authorized to represent any other person before any court or agency of the United States in any removal proceeding or any other case or matter arising under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) shall be fined under this title, imprisoned not more than 5 years, or both.''.
    • (b) Table of Sections Amendment.--The table of sections for chapter 47 of title 18, United States Code, is amended by adding after the item relating to section 1040 the following:``Sec..1041..Misrepresentation.''.
  • SEC. 3. IMMIGRATION SCHEMES TO DEFRAUD ALIENS.
    • (a) In General.--Chapter 63 of title 18, United States Code, is amended by inserting at the end the following:``§1352. Immigration schemes to defraud aliens
    • ``Any person who, in connection with any matter arising under the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17)) or any matter the offender claims or represents to arise under such immigration laws, knowingly executes a scheme or artifice to--
      • `` (1) defraud any person; or
      • `(2) obtain or receive money or anything else of value from any person by means of false or fraudulent pretenses, representations, or promises, shall be fined under this title, imprisoned not more than 5 years, or both.''.
    • (b) Table of Sections Amendment.--The table of sections for chapter 63 of title 18, United States Code, is amended by adding at the end the following: ``Sec..1352..Immigration schemes to defraud aliens.''.
  • SEC. 4. LISTS OF COUNSEL FOR ALIENS.
    • Section 239(b)(2) of the Immigration and Nationality Act (8 U.S.C. 1229(b)(2)) is amended to read as follows:
    • ``(2) CURRENT LISTS OF COUNSEL.--The Attorney General shall compile and update, not less frequently than quarterly, lists of persons who, during the most recent 12 months, have provided pro bono representation of aliens in proceedings under section 240 that--
      • ``(A) include a description of who may represent the alien in the proceedings, including a notice that immigration consultants, visa consultants, and other unauthorized individuals may not provide such representation; and
      • ``(B) shall be provided in accordance with subsection (a)(1)(E) and otherwise made generally available.''.
  • SEC. 5. LIMITATION ON REPRESENTATION.
    • Section 239(b) of the Immigration and Nationality Act (8 U.S.C. 1229(b)) is amended--
      • (1) by redesignating paragraph (3) as paragraph (4); and
      • (2) by inserting after paragraph (2) the following:
      • ``(3) LIST OF PROHIBITIONS.--The Attorney General shall--
        • ``(A) compile a list of specific individuals, organizations, and practices that the Attorney General has determined are prohibited in the provision of representation in immigration proceedings, including individuals who have been convicted for a violation of section 1041 or 1352 of title 18, United States Code;
        • ``(B) update the list compiled pursuant to subparagraph (A) not less frequently than quarterly; and
        • ``(C) make such list available to the general public.''.
• Senator Feinstein floor statement: The Immigration Fraud Prevention Act would punish fraud and misrepresentation in the context of immigration proceedings. The act would create a new Federal crime to penalize those who engage in schemes to defraud immigrants. Specifically, the act would make it a Federal crime to knowingly and falsely represent that an individual is an attorney or accredited representative authorized to represent aliens in immigration proceedings; and to knowingly defraud or receive money or anything of value from any person by false or fraudulent pretences, representations, or promises. Violations of these crimes would result in a fine, imprisonment of not more than 5 years, or both. The bill would also work to combat immigration fraud by increasing the awareness of notario fraud to immigrants. The bill would require immigration courts to provide immigrants in removal proceedings with information about notario fraud. The bill would require the Justice Department to compile and make available to the public a list of individuals and organizations that have been convicted of immigration fraud; and permit only people who have, within a 12-month period, represented immigrants pro bono appear on the Justice Department's list of pro bono legal services. By enacting this bill, Congress would help prevent more victims like Mr. Ibarra, a Mexican national and father of four, who has resided in Los Angeles since 1988. Mr. Ibarra hired a so-called ``immigration specialist'' and paid him over $7,500. In his apartment, Mr. Ibarra keeps reams of documents that the immigration consultant claimed to have filed on his behalf but never did--as Mr. Ibarra subsequently learned from immigration authorities when he was placed into removal proceedings. I wish I could tell you that this kind of egregious behavior is uncommon, but sadly, that is not the case. Last November, the San Francisco City Attorney filed a lawsuit against a former lawyer who ran an illicit immigration law practice. In the three decades in which the lawyer was licensed to practice law, he was reported on numerous occasions to the California bar for his unethical behavior that included collecting exorbitant fees; representing clients in a negligent manner; and misleading immigrants with assurances of favorable outcomes. Eventually, the lawyer resigned from the legal profession and was prohibited from representing clients before the Board of Immigration Appeals. The terms of his resignation prevented him from practicing law or portraying himself as eligible to practice law. Instead of abiding by these terms, the lawyer proceeded to set up another law practice through which he defrauded over two hundred immigrants, depleting many of these victims of their entire life savings. I am pleased that last month the Federal Government partnered with State prosecutors and immigration advocacy organizations to launch a nationwide campaign to combat these harmful schemes. The enactment of this bill would enhance the government's ability to achieve the goals of this national campaign by providing prosecutors with a tough new Federal criminal law that could be used to convict fraudulent-lawyers and consultants who prey on immigrants.

07/07/2011: FY 2011-FY 2012 DOL Online Wage Data and Conflict of Code Numbers Between New SOC/OES Code Numbers and Old O*Net Occupational Codes

• As we reported earlier, the U.S. Department of Labor released and implements the new prevailing wage data with some changes occupational codes and wages between FY 2010-FY 2011 data and FY 2011-FY 2012 data. However, in transition, it appears that there are some problems in updating the O*Net codes pursuant to the new occupational codes. The employers must have noticed that when they access the OFLC Online Data Center, they see the new codes for the new occupational classifications but when they open the data, the system still shows old code system and old occupational classifications with four levels of prevailing wages. We urge the Office of Foreign Labor Certifications to fix this problem to relieve the employers and customers from confusion on the right codes and occupational classifications which they are required to use.

07/07/2011: Interesting USCIS Idea Looming up on the Horizon to Make a Rule to Allow EAD to H-4 Spouses of H-1B Professionals Working Under AC 21 Sections 104(c) or 106(a)

• The USCIS is considering to initiate a proposed rule next March 2012 to extend the availability of EAD to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident (LPR) status through employment and have extended their authorized period of admission or "stay" in the U.S. under section 104(c) or 106(a) of AC 21 (Public Law 106-313). Apparently this concept is conceived to allow the eligible class of H-4 dependent spouses to work and thereby encourage professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies, and thus allow the United States to remain a world leader in high technology. Very stimulating idea! This may be perceived as an administrative fix of the broken employment-based immigration system. It will certainly help to stop ongoing reverse exodus of these talented foreign professionals, particularly from California, to their home countries. We will watch how far and how fast this concept will move ahead. Please stay tuned to this website for development of this news.

07/07/2011: USCIS Considers an Action to Regulate Qualifications, Designation, and Duties of Civil Surgeons, and Revocation of Civil Surgeon Designations

• Civil surgeons are physicians authorized to conduct legally required medical examinations of aliens applying for certain immigration benefits. However, currently the DHS regulations do not define uniform standards for civil surgeon designation or procedures for granting and revoking civil surgeon designations. There have been growing reports of problems involving with certain civil surgeons throughout the country. There is no information as to whether the DHS is motivated by such reports, but the agency is considering changing regulations to clearly define the roles and responsibilities of the civil surgeon, as well as the role of USCIS which is responsible for administering the civil surgeon program, apparently to regulate one way or another the USCIS designated civil surgeons. Please stay tuned.

07/07/2011: USCIS Considers Implementation of 120-Day Cap for Permanent Residents Without Expiration Date to Apply for Replacement Card Not to Lose the Status

• The USCIS issues Alien Registration Receipt Cards I-551 to lawful permanent residents to serve as evidence of immigration status, registration, identity and employment authorization, and as an entry document upon return from a trip outside the United States. Currently there is a population of lawful permanent residents who possess cards that do not have expiration dates. USCIS considers a rule to terminate the validity of Forms I-551 that do not have expiration dates. This rule will establish a 120-day period for aliens with Forms I-551 that do not bear expiration dates to apply for replacement cards. The USCIS is considering this action for the agency to issue more secure Forms I-551 to affected aliens, update cardholder information, conduct background checks, and electronically store applicants' biometric information that can be used for biometric comparison and authentication purposes consistent with the goals of the Enhanced Border Security and Visa Entry Reform Act of 2002. Additionally, The USCIS also considers to add two documents to the list of forms that constitute evidence of registration: Receipt for the Form I-90, Application to Replace Permanent Resident Card, and Receipt for pending Form N-400, Application for Naturalization. This initiatives may be published before the end of the year. Those holding such green cards should keep eye on the agency's announcement for this action.

07/05/2011: Naturalization Application Processing Statistics as at End of May 2011

07/05/2011: Immigration Benefits Application Processing Statistics as at End of May 2011

07/05/2011: Latest H-1B Cap Count as of 07/01/2011

• Regular cap: 18,400 (out of total cap of 65,000)
• Master cap: 11,900 (out of total cap of 20,000)

07/05/2011: H-2B Cap Count as of 07/01/2011

• Approved: 28,328
• Pending: 608
• Total received: 28,936 (Very slow)

07/05/2011: New FY 2011-FY 2012 Prevailing Wage Data Available and Effective at OFLC Online Data Center

07/03/2011: How to Get to the FY 2011-FY 2012 Prevailing Wage Data to Determine Prevailing Wage Before July 5th?

• Go to the ICERT page and search the prevailing wages on the wage site which is located on the right hand side of the page. Fill out the search information, it will get you to the new wages. Wages have gone up slightly. There are some changes to the wage code and occupation titles. For instance, former Computer Software Engineer, Applications, 15-1031 is changed to Software Developers, Applications 15-1132, and former Computer Software Engineer, Systems Software, 15-1032 is changed to Software Developers, Systems Software, 15-1133. Since the new data took effect on July 1, the old data should not be used.

07/02/2011: Eyes of East Indians and Chinese Professionals Focused on Upcoming August Visa Bulletin Since It Can Go Both Ways

• Under the U.S. Department of State policy, the visa numbers are allocated quaterly in compliance with certain standards such that the visa numbers are managed and distributed in a regulated and orderly matter considering the trend of demands for the visa numbers by the USCIS and Visa Posts outside of the United States. The last quarter allocation has historally shown unpredictable fluctuation depending on the pace of demand by the USCIS and Visa Posts since the annual visa quota numbers will have to be used before September 30, 2011 not to waste the annual visa quota numbers. One famous record with devastating and embarassing consequences was so-called FY 2007 Visa Bulletin fiasco. The State Department determined that there had been a large number of EB visa numbers yet to be consumed during the 4th quarter of FY 2007 that starts on July 2007 and in order not to waste any visa numbers, it released July 2007 Visa Bulletin with all the EB-2 and EB-3 visa numbers "current." As usual, the July 2007 Visa Bulletin was released in June 2007. It led to the complete exhaustion of the FY 2007 EB visa numbers in a matter of days in July 2007, overpowering the capacity of the USCIS to manage the avalanche of I-485 applications and ancillary applications of EAD and Advance Parole. Worse yet, the State Department apparently belatedly miscalculated the USCIS demand, which was detected by the USCIS fax to the Visa Bureau, the State Department released amended July 2007 Visa Bulletin with cut-off dates on July 1, 2007. Facing legality of such action, followed by class action lawsuits, apparently the USCIS and the State Department reached an unusual agreement that the earlier release of Visa Bulletin will not allow the USCIS and visa posts to approve immigrant visas or approve I-485 unless the priority date was earlier than July 2007, but the USCIS will accept new I-485 applications regardless of the priority date, no matter whether there were any remaining visa numbers for FY 2007 or not. This literally opened a flood gate! This decision took time with very complicated legal and administration process within the government. This created another problem. The USCIS released final regulation changing immigration filing fees effective end of July 2007. Consequently, the action of the Visa Bureau tremendously disrupted the USCIS financial plan involving the fee structure changes and fee increases for its funding. Literally there was a mess. That is why it was called a "FIASCO."
• The agencies have learned a good lesson on importance of close coordination between the State Deparment and the USCIS and this reproter guarantees that "It Ain't Going to Repeat" in August Visa Bulletin. The eyes of the Indians and Chinese are focused on the upcoming Visa Bulletin because they know that depending on the demand data and the total of the reserve for the rest of the fiscal year 2011, it can go either way - continuing EB visa number progression for Indians and Chinese or halt or even backward movement of the cut-off dates for Indians and Chinese in the worst case. No one knows the answer at this time, even though there is a speculation that it may remain stand-still in August. But we will find it out soon. Until that time, please enjoy the nation's important Independence Day, the Fourth of July. There will be lots of fireworks and concerts around. Lots of Red/Blue/White color decorations, not to mention American flags all over. Let's celebrate!

07/02/2011: Senator John Cornyn of Texas Challenges Neufeld Employer-Employee Relationship Memorandum on H-1B Visa Petitions

• Senator Cornyn is a powerful Senior Republican member of the Senate Judiciary Immigration Subcommittee and has been an ally to the employment-based immigration community and a strong advocate and supporter of the reform of employment-based immigration system. Report indicates that in a letter to the USCIS Director, the Senator challenged the so-called Neufeld memorandum that has presented a serious obstacle for the IT consulting industry and staffing industry to hire foreign workers in H-1B visas. This memorandum was challenged in a federal court but failed on procedural matter. The key to the dispute is how the agency should interprete the H-1B section of the immigration statute in defining "employer" and "employee" and its definition in the Neufeld memorandum has been challenged from various angles, one of which was its conflict with other federal agencies regulating employment such as equal employment opportunty regulation. The Neufeld interprets the terms very narrowly requiring not only compliance with the employment terms and contracts under the corporate and employment laws but also day-to-day supervision and control of the employees. Such interpretation has posed a serious challenge to the businesses in IT consulting and medical and other staff placement agencies since they tend to place their employees at the client sites working with the client management with a limited amount of actual onsite day-to-day control of the employees by their "legal" employers. The current slow pace of H-1B annual cap count is indirectly related to the legal and administrative bottlenecks to these employers to hire foreign professional workers. These employers historically constitute the primary consumers of the H-1B visas. The most serious legal challenge other than some other laws comes from so-called Public.Law 111-230 which was passed by the Congress last year imposing a huge amount of fees for large consulting or staffing agency employers that rely on H-1B or L-1 foreign workers. The administrative challenge comes from the so-called Neufeld Employer-Employee Relationship Memorandum. We will see how this Senator's challenge will affect the USCIS H-1B policy and practice in the future. Please stay tuned to this website for the development of this news.

07/01/2011: USCIS Schedules "AC 21" Discussion Public Engagement Session on July 13, 2011 at 2:00pm (EDT)

• USCIS wants to provide an opportunity for stakeholders to present ideas and suggestions, consistent with the statute, on how the AC21 regulations should be framed. Specifically, USCIS seeks input on the following topics:
  
  " H-1B Extensions Beyond the Statutory Six Year Limitation
  " Calculating the H-1B Admission Period
  " Portability of H-1B Status
  " Job Flexibility or I-140 Portability
  " H-1B Whistleblower Provision
  " Employer Debarment for Non-Compliance with Labor Condition Application (LCA) Attestations
• To participate in this engagement, please contact the Office of Public Engagement at public.engagement@dhs.gov by July 12, 2011, and reference "AC21" in the subject line of your email. Please also include your full name and the organization you represent, if any, in the body of the email. People can participate in person or by telephone.

06/30/2011: OFLC Announcement of New Wage Data in Effect for FY 2011-FY 2012

• Online Wage Library - FLC Wage Search Wizard
• Data for 7/2011 - 6/2012 has been added to the download page and is effective 7/1/2011. Becuase of changes to the occupational struture there will be a delay before the new data is available for the online search. We expect to have the online search updated on July 5, 2011.

06/30/2011: June 22, 2011 Service Center Operations of USCIS Teleconfeence Q&A with American Immigration Lawyers Association

• This teleconference covered a limited number of questions and answers but gives answers to some unrsolved issues. Read on.

06/30/2011: Probable Last Date for Use of 2010-2011 Prevailing Wage Data of DOL in Permanent and Temporary Foreign Labor Certification Applications

• As we reported a few days ago, the U.S. Department of Labor was scheduled to release FY 2011-FY 2012 SOC/OES data for determination of the prevailing wage for the permanent labor certification application and termporary labor certification applications, including labor condition application for H-1B nonimmigrants, on or shortly after July 1, 2011. Once the new data is released, the employers are required to use the new data for wage determination for filing various labor certification application and labor condition application for H-1B. The Office of Foreign Labor Certification officials disclosed that the new wage data would show some changes in occupational classifications and other changes. Obviously the wages may move upward. Thus employers using labor condition application and permanent and temporary labor certification applications are alerted to the new wage data which would be released either tomorrow or shortly after tomorrow. Please stay tuned to this website for the release of the new wage data.

06/29/2011: USCIS 06/29/2011 Quarterly National Stakeholder Engagement Questions & Answers

• This is the Q&A addressed in the today's engagement session.

06/29/2011: EB-485 Approvability After Underlying AC-21 Ported but Pending I-140 Petition Withdrawn by Employer

• The issue involved so called "Yates Review" requirement under the Yates AC-21 portability memorandum on approvability of I-485 applications which was concurrently and appropriately filed with yet-to-be approved I-140 petition under AC 21 but alien ported after 180 days but employer withdrew the underlying yet-to-be approved I-140 petition. Yates memorandum requires in such situation to review the "approvability" of the I-140 petition, regardless of the employer's withdrawal, and approve I-485 application if the agency finds such I-140 petition approvable under the Yates review rather than deny such I-485 application. Against this policy, in one case, the Texas Service Center denied such I-485 application based on the claim that once I-140 petition is denied at the time of their I-485 application, such I-485 had to be denied under the law.
• In one federal district court in District of Columbia (Washington, D.C.), the court agreed to the TSC argument that the statute did not require such approval, but still ordered the agency to proceed with the I-485 adjudication with the Yates Review per its own memorandum since a decision without such Yates Review constituted "arbitrary and capricious" decision in violation of the APA by not following its own policy memorandum arbitrarily and capriciously in the specific case. The Court found that the Portability Provision did not require Defendants (Texas Service Center) to review the I-140 petition filed by the employer once it was withdrawn after Plaintiffs’ I-485 applications had been pending for 180 days, but the Court also found that once it had a policy memorandum requiring 'Yates Review" before denial, it cannot deny such I-485 application arbitraily and capriciously on its departure from its own policy guidelines without violation of the APA. Very important decision for those who face similar situation. Read Ajay Naidu Ravulapalli, et al.v. Janet Napolitano, Secretary, U.S. Department of Homeland Security, et al. case

06/29/2011: SMS Alert for North East Region by VFS in India

• Due to security reason, Government has blocked SMS Alert in North East region in India till 1st of July.

06/29/2011: Full Text of "The DREAM Act" of Yesterday's Senate Judiciary Immigration Subcommittee

06/28/2011: Latest H-1B Cap Count as of 06/24/2011

• Regular cap: 17,400 (out of total cap of 65,000)
• Master cap: 11,300 (out of total cap of 20,000)

06/28/2011: Senate "DREAM Act" Hearing Witness Testimonies of 06/28/2011

• The following are the list of witnesses and text of their testimonies:
  • DHS Secretary Janet Napolitano
  • Education Department Secretary Arne Duncan
  • DOD Under Secretary of Defense for Personnel and Readiness, Dr. Clifford Stanley
  • Ola Kaso, Warren, MI
  • Lieutenant Colonel Margaret Stock, U.S. Army Reserves Retired, Anchorage, AK
  • Steven A. Camarota, Director of Research, Center for Immigration Studies
  • The Honorable Senator Dick Durbin
  • The Honorable Senator Patrick Leahy
  • The Honorable Senator Chuck Grassley

06/28/2011: PERM Processing Times Update as of 06/27/2011

• How to read this update? Between June 20 and June 27/ 2011 (one week), clean-cut case processing time remains April 2011 and no May 2011 cases are being adjudicated. During the one week, however, the cases in Audit track have moved one month from October 2010 to November 2010. As Dr. Carlson promised, the cases in Audit tracks keep moving on! Congrats to those in Audit track. The processing times of reconsideration remains at November 2008.
• Analyst Reviews: April 2011
  Audits: November 2010
  Reconsideration Requests to the CO: November 2008
  Gov't Error Reconsiderations: Current

06/27/2011: H-2B Cap Count as of 06/24/2011

• Approved: 27,706
• Pending: 681
• Total received: 28,387 (Very slow)

06/27/2011: OFLC Proposed Amendment of Effective Date of Final Rule on Wage Methodology for the Temporary Non-agricultural Employment H-2B Program

• OFLC intends and proposes that the Wage Rule take effect 60 days from the date of publication of a final rule resulting from this rulemaking. The Department anticipates the date of publication of the final rule to be on or about August 1, 2011; thus, the effective date of the Wage Rule would be on or about October 1, 2011. This proposed rule to amend the already published rule will be published tomorrow. See the advance copy.

06/25/2011: Total Number of DV Lottery Applicants by Country and Year (FY 2007-FY 2012)

• For the latest DV lottery of FY 2012, 4,903,609 entered the lottery registration and including their family members, the total was WHOPPY 19,672.268!! Amazing.
• Read on.

06/24/2011: Upcoming USCIS Public Engagement Sessions

• These public engagement meetings are part of the current USCIS Director's innovative actions to induce public participation in the immigration policy making process, whereby to achieve "responsive government" goal of a democratic government. Some of these meetings can be participated without making a trip and only by telephone. The public and stakeholders are encouraged to make a maxium use of these opportunity to participate in the immigration policy making process. The following are list of the upcoming public engagement sessions at the national level:
  • August 10, 2011: California Service Center External Stakeholder Meeting. This meeting will provide an opportunity for our stakeholders to raise relevant topics of interest as well as receive updates from California Service Center leadership.
  • July 19, 2011: Asylum Division Quarterly Stakeholder Meeting. The USCIS Asylum Division will host their quarterly stakeholder meeting on July 19, 2011 at 2:00 pm (EDT) in Washington, DC.
  • July 13, 2011: Business Representatives Conference. The Texas Service Center (TSC) invites all immigration legal representatives to attend the Business Representatives Conference on Wednesday, July 13. 2011.
  • June 30, 2011: EB-5 Quarterly Stakeholder Meeting. The USCIS Office of Public Engagement and Service Center Operations Directorate invite you to participate in our upcoming stakeholder engagement to discuss the EB-5 Immigrant Investor program. The next engagement will take place on June 30, 2011, at 1:00PM (Eastern Time).
  • June 29, 2011: Quarterly National Stakeholder Meeting. The USCIS Office of Public Engagement invites any interested parties to participate in a quarterly national stakeholder meeting on Wednesday, June 29, 2011 at 2:00pm (EST). The purpose of this engagement is for individual participants to raise issues regarding agency operations and to aid the agency in identifying systemic issues.
  • June 28, 2011: Service Center Operations Monthly Stakeholder Teleconference: Employment Based Form I-485. The USCIS Service Center Operations Directorate invites interested stakeholders to participate in the next Monthly Stakeholder Teleconference scheduled for June 28, 2011 at 1:00pm Central Time (2:00pm Eastern Time). The engagement topic is Employment Based Form I-485.
  • June 28, 2011: Intergovernmental Affairs Stakeholder Teleconference. The Office of Public Engagement invites interested state and local government stakeholders to participate in the Intergovernmental Affairs teleconference to be held Tuesday, June 28, 2011 from 2:00 pm to 4:00 pm EDT.
• To learn how to participate, please click the links.

06/24/2011: House Full Judiciary Committee Passed Yesterday H.R. 1741 and H.R. 1933, as Amended

• As we reported yesterday, the House Judiciary Full Committee was expected to pass these two bills which were introduced by Rep. Lamar Smith, Chairman of the House Judiciary Committee. Indeed, that is what happened yesterday and these two bills are ordered to be reported to the Full House floor for passage. These bills as amended are as follows:
  • H.R. 1741, as amended, Secure Visas Act
  • H.R. 1933, as amended, H-1C Visa Annual Quota and Extension of Period. This bill reduces H-1C nurse visa annual cap from current 500 to 300, but allow extension of H-1C visa period for additional three (3) years. Readers should not be confused with another Nursing Relief Act bill introduced by Rep. Sensenbrenner of Wisconsin which provide tremendous relief to foreign nurses by providing removal of numerical limitation for Schedule A Nurse immigration to certain cap annually. This real nursing relief bill has yet to be taken up by the Judiciary Committee and the full House and the Senate in the future.

06/24/2011: Senate Judiciary Immigration Subcommittee Schedules Hearing on 'The DREAM Act' on 06/28/2011, Next Tuesday

• The hearing will start at 10:00 a.m. EST. Several witnesses are expected to appear for testimonies on this legislative bill. This is the bill which was introduced by Senator Dick Durbin of Illinois. Please stay tuned to this website for the testimonies of the witnesses. DREAMers should take this hearning as a momentum for energizing this issue.

06/23/2011: Eligibility of Adjustment of Status of K-2 Child After Reaching 21 Years of Age

• Today, the Board of Immigration Appeals handed down a ground-breaking decision on the age cut-off date for a child accompanying K-1 fiancee parent and their eligibility for I-485 applications without "step-child" age requirement and after reaching 21 years of age. This decision handed down a rule (1) that minor child age (under 21) is determined by the date of admission of the child to the United States and not by the date of the fiancee alien parent's date of marriage to a U.S. citizen spouse nor the date of adjudication of I-485 application of the child, and (2) that for such K-2 visa child's eligibility for I-485 adjustment of status, the step-child relationship with the U.S. citizen fiancee of his/her alien fiancee parent is not relevant and even if the child entered the U.S. after reaching 18 years of age, the child is eligible for I-485 adjustment of status. The facts involved in this case reflect that a child accompanied his mother on a fiancee visa (K-1) when he was 19 years of age. The fiancee mother married to the U.S. citizen parent and she and her child submitted I-485 applications for adjustment of status to a lawful permanent residents. The child's I-485 was denied on two different issues. One reason for denial was that the child failed to establish a "step child" to the U.S. citizen parent since the definition of the step child requires that the child must be under 18 years of age. The second reason for denial was that at the time USCIS adjudicated the child's I-485 application, the child passed 21 years of child and child was no longer considered a child under the definition of the immigration law in that a child must be younger than 21 years of age. This decision ruled that (1) the child does not have to establish "step child" relationship when applying for a green card based on his relationship with alien fiancee mother and that (2) the controlling date for determination of 21 years of age for the K-2 child of K-1 fiancee parent is not controlled by the date of USCIS adjudication but by the date of the child's admission to the United States. For the reasons, the Board ruled that the child should be eligible for a green card and the USCIS denial of his I-485 application was wrong! Wow! See Matter of Le, 25 I&N Dec 541 (BIA 2011), ID #3719 (BIA June 23, 2011).

06/23/2011: House Judiciary Full Committee Mark-Up Hearing of Two Rep. Lamar Smith's Bills Today

• We reported earlier these two bills of Rep. Smith at the stage of Judiciary Immigration Subcommittee hearing. These controversial bills are expected to be adopted by the full House Judiciary Committee and recommended to the House floor for passage:
  • H.R. 1741 Secure Visas Act
  • H.R. 1933 to modify the requirements for admission of H-1C nonimmigrant nurses in health professional shortage areas

06/22/2011: Democrat Senators Reintroduces CIR (Comprehensive Immigration Reform) Bill in the Senate

• Senator Menendez, cosponsored by seven other Democratic leaders of Sen Durbin, Richard [IL], Sen Gillibrand, Kirsten E. [NY], Sen Kerry, John F. [MA], Sen Leahy, Patrick J. [VT], Sen Murray, Patty [WA], Sen Reid, Harry [NV], Sen Schumer, Charles E. reintroduced the Comprehensive Immigration Reform bill, S. 1258 today in the Senate. As soon as the full text of the bill is made available, we will report it. The report indicates that the bill intends to balance between border security/immigration enforcement and legalization of undocumented aliens and othere legal immigration system reform.
• Time-wise, it may be too late and untimely considering the struggling unemployment rate and economy and approaching 2012 Presidential election campaign season, but we will wait and see.

06/21/2011: Upcoming Changes in Some Occupational Codes for Foreign Labor Certifications Effective July 1, 2011

• The Office of Foreign Labor Certification released information in San Diego that when new SOC/OES wage data for 2011-2012 is released on July 1, 2011, the employers filing labor condition applications for H-1B and other temporary and permanent labor certification applications will see some changes with certain occupations. One illustration they released was one of the most popular occupations, Computer Software Engineer, Application, 15-1031 which will be reclassified and the occupational title will be changed from Computer Software Engineer Applications to Software Developer. The employers who files ETA 9141 using the current occupational codes may receive prevailing wage determination of somewhat different occupational codes and those who will file PERM application after July 1, 2011 will have to deal with the forcoming changes in the changed occupational classifications and wage data in some occupations. As we come close to the end of June 2011, it appears that the OFLC may hold ETA 9141 determination until after July 1 and issue determination using the new occupational classification and new wage data. Please stay tuned.

06/21/2011: Move of PERM into iCERT Portal System Will Not Happen Until Next Year

• The Chief of OFLC announced last week in San Diego that integration of PERM filing system into the current iCERT Portal System has received approval from the OMB but because of the delays in technical process, it will not happen until next year. It is in a way good news for employers for the two reasons. Firstly, change of the PERM application form will not take effect at least for a while. The new form will add additional features that collect additional information from the filers to achieve enhaced integrity of the foreign labor certification applications. Such process is anticipated to increase audit cases. Secondly, merge of PERM to iCERT portal system is intended to achieve a purpose which is similar to the purpose of USCIS transformation account system allowing detection of inconsistencies between the nonimmigrant EB proceedings and the immigrant proceedings for the same employer and the same employee or different employers and different employees. Such change is expected to give an added tool to the OFLC to detect manipulation of facts in PERM filing. Again, such mechanism will require increased scrutiny and added process to achieve the integrity of the filing system.

06/21/2011: OFLC Updates PERM Application Processing Times as of June 20, 2011

• How nice the Office of Foreign Labor Certifications is to update frequently the PERM processing times. It used to update once a month, but now, it updates several times a month! This June 20, 2011 is a very good news for those employers who are in "Audit" Track or "Reconsideration/Appeal" track since the processing times moved up between June 6 and June 20, 2011. Here we go.
• Analyst Reviews: April 2011
  Audits: October 2010
  Reconsideration Requests to the CO: November 2008
  Gov't Error Reconsiderations: Current
• This update reflects the announcement of Dr. William Carlson, Chief of OFLC in San Diego conference last week that the audit and reconsideration cases would move somewhat faster during the next several months. Hats Off to Dr. Carlson!

06/21/2011: Telework of Service Centers and Related Higher Risk of Loss of Files

• Report indicates that the Vermont service center's telework participation rate was 23% and the VSC was responsible for 39 % of the lost files, the Texas service center used telework at the rate of 24% and was accounted for 32% of the lost files, while the Nebraska center participated in telework at the rate of 17% and was accounted for 17% of the lost files and the California center had a 7% telework rate and was responsible for 12% of the lost files. The report indicates that the higher rate of telework participation is related to higher rate of missing files among service centers of the USCIS. For the full text of DHS IG report of May 2011, please click here.

06/21/2011: State Department Sued for DV-2012 Immigration Lottery Results Revocation

• CNN reports that there were approximately 22,000 who won in the lottery but later revoked by the State Department for computer problem. A class action sued is filed in a federal court against such action of the U.S. Department of State. Hmm.............................. What a mess!

06/21/2011: H-2B Cap Latest Count as of 06/17/2011

• Approved: 27,524
• Pending: 1,773
• Total received: 28,297

06/21/2011: Latest H-1B Cap Count as of 06/17/2011

• Regular cap count: 16,300 (out of 65,000 cap)
• Master degree cap count: 10,800 (out of 20,000 cap)

06/20/2011: Privilege of Immigrants and Stakeholders Having "People's" USCIS Director

• This reporter returned from the AILA Annual National Conference in San Diego yesterday evening. I could not continue the web site reporting because I had a problem with the lap top.
• At this point, I would like to bring up one point - how lucky we, the immigrants and stakeholders, are to have a People's USCIS Director. I have been attending the AILA annual conferences for about 25 years, witnessing most of the INS or USCIS directors appearing at the conferences as a premier speaker. If my memory serves correct, there were either few or only two or three who had stayed through the three or four-day conferences, mingling with lawyers and stake-holders in the halls and sitting with AILA members to discuss where the agency standed and where they were heading in terms of policies and practices. I have not had a chance to mingle with him in the crowd but had a privige to sit in the same room hearing the panels' discussions with hiim in at least two sessions. It was first time that I felt so proud and privileged of being in sessions with an INS or USCIS Director. Literally, he was and is a "people's" Director and not just a bureacratic agency head. Ever since he took the office, I have noticed him different from other directors, initiating and launching sessions of dialogues, reporting to the stakeholders and people extensively, seeking feed backs from the stakeholders and people to make policy decisions. The agency has never been opened this level for the stakeholders and people to hear what they were doing and given opportunities to express their views for feed-back into the policy making process. I want to share with the readers my admiration and respect for this Director being a "People's Director," serving well and opening doors for not only "big guys" but also "small guys and gals."

06/16/2011: Executive Summary of Recent Pulic Engagement Discussion of L-1B Adjudication Problems & USCIS Likely to Issue RFE Template for L-1B RFE

• Lately, the USCIS has tighten substantially adjudication of L-1B "specialized knowledge" adjudication very narrowly producing massive RFEs. This problem was addressed in the recent USCIS public engagement session of L-1B. For the details, please read the USCIS Executive Summary.
• At the AILA Annual National Conference in San Diego, USCIS Director Mayorkas hinted that the L-1B RFE template would be released soon to resolve the current crisis in the L-1B adjudications.

06/16/2011: ICE Reportedly Issuing Over 1000 I-9 Inspection Notices Beginning 06/15/2011 Busiesss in Food, Energy & Infrastructure

• Report indicates that it includes small businesses as well as name brands in 17 sectors of the economy, including agriculture and food, financial services, commercial nuclear reactors, drinking water and water treatment, postal and shipping, healthcare and transportation. It will touch on employers of all sizes and in every state in the nation, with an emphasis on businesses related to critical infrastructure and key resources. A similar audit on such industries was done in November 2009. Reportedly the new audit notices from ICE coincided with a move in Congress to require all U.S. employers to adopt a government screening program designed out to ferret out illegal workers.

06/15/2011: Rep. Lamar Smith of Texas Introduced H.R. 2164 to Make E-Verify Program "Mandatory" and "Permanent"

• Current E-Verify program law has an expiration date and unless this law is extended, the program can expire. Additionally, this program is current not mandatory. It has been a voluntary program. The Chairman of House Judiciary Committee proposes to make this program permanent and mandatory. Please read the full text of the bill. The Chairman is holding a hearing on this bill today in the House Judiciary Immigration Subcommittee.
• On the Senate side, Senator Chuck Grassley of Iowa introduced yesterday S. 1196 proposing to expand the use of E-Verify to hold employers accountable. We are certainly in an era of pro-enforcement environment.

06/15/2011: Rep. Zoe Lofgren of California Introduced H.R. 2161, The IDEA Act 2011, to Promote Innovation, Investment, and Research in the U.S.

• She introduced this bill in the House yesterday. In the current environment of anti-immigration, particularly employment-based reform, this is indeed one of very rare moves in the Hill to bring up piece-meal immigration reform. We admire her courage.
• Reportedly, her bill promotes "permanent resident" solution and discourages "temporary worker" solution. Lofgren's bill reportedly includes provisions that may make it harder for some firms to use the H-1B visa. Reportedly this bill eliminates the H-1B three-year extension for "exclusively temporary workers," a move that may hit offshore IT services providers that rely heavily on the H-1B visa.

06/14/2011: Office of Foreign Labor Certification Releases a Series of Advisory (TEGL) on H-2A Labor Certification Process Changes for Various H-2A Occupations

• Employers hiring H-2A farm temporary workers and immigration practitioners specializing H-2A program should read these Training & Employment Guidance Letters.
  • Occupations Involved in the Open Range Production of Livestock
  • Itinerant Commercial Beekeeping Employers
  • Sheepherding and Goatherding Occupations
  • Itinerant Animal Shearing Industry
  • Multi-State Custom Combine Owners/Operators
• USCIS has also released H-2A Q&A for the employers.

06/14/2011: H-2B Cap Latest Count as of 06/13/2011

• Approved: 28,308
• Pending: 1,017
• Total received: 27,291

06/14/2011: Latest H-1B Cap Count as of 06/13/2011

• Regular cap count: 15,200 (out of 65,000 cap)
• Master degree cap count: 10,200 (out of 20,000 cap)

06/13/2011: AILA Annual National Conference in San Diego 06/15/2011-06/18/2011

• The AILA national conference is scheduled through Saturday this week in San Diego, California and most of legal counsels and paralegals in immigration practice and law professors will sit with the immigration stakeholder government agency representatives from DHS(USCIS including Service Centers and Field Offices, USICE, USCBP), DOJ(BIA, Immigration Judges), DOS(Visa Bureau, J Visa Waiver Program, Consular Officials, etc), DOL(Office of Foreign Labor Certifications, Employment Enforcement, State Workforce Agency) and other agencies. This is the most important forum that draws the immigration stakeholders nationwide and internationally discussing issues in and out of the conference rooms. Every year about three to four thousand attorneys and paralegals have been attending this conference to update their knowledge on immigration practice and to hear updates from the stakeholder government agencies. This reporter will also attend this conference and will not be available for contact other than emails until next Monday. However, this reporter will continue reporting Breaking News and other important developments in immigration, particularly updates from the government agencies. Even though this reporter does not expect any bombshell news coming out of this conference, our readers are encouraged to keep visiting the Breaking News site to read the latest development in immigration and immigration laws.

06/13/2011: USCIS Updated Monthly Processing Times 06/13/2011

• See our home page.

06/09/2011: Official July 2011 Visa Bulletin Released

• India and China EB-2 cut-off date will progress to March 8, 2007. What a good news!

06/09/2011: State Department Temporary Suspension of Certain J-1 Exchange Visitor Program Requirement For Libyan J-1 Along the Line of the DHS Action for Libyan Students

• The Department is temporarily suspending the application of certain requirements governing program status and on-campus and off-campus employment for J-1 Libyan students. This action is necessary to mitigate the adverse impact upon these students due to political turmoil in their home country. For all other details of this notice which will take effect and remain effect until December 31, 2011, please click here.

06/09/2011: Employment Authorization for Libyan F-1 Students Experiencing Severe Economic Hardship as a Direct Result of Civil Unrest in Libya Since February 2011

• We reported earlier the USICE efforts to enact a regulation to authorize employment authorization for certain qualified Libyan F-1 students in the U.S. The Department of Homeland Security (DHS) is taking action to
  provide relief to these F-1 students so they may obtain employment authorization, work an increased number of hours while school is in session, and reduce their course load while continuing to maintain their F-1 student status. F-1 students who are granted employment authorization by means of this notice will be deemed to be engaged in a “full course of study” for the duration of their employment authorization, provided that they satisfy the minimum course load requirement described in this notice. This suspension of certain regulatory requirements will automatically terminate on December 31, 2011, without further notice. This notice will take effect on June 2011 and expire on December 31, 2011.
• Who is eligible? This notice applies exclusively to F-1 students whose country of citizenship is Libya and who were lawfully present in the United States in F-1 nonimmigrant status on February 1, 2011 under F-1 regualtion who (1) are enrolled in an institution that is Student and Exchange Visitor Program (SEVP) certified for enrollment for F-1 students; (2) are currently maintaining F-1 status; and (3) are experiencing severe economic hardship as a direct result of the civil unrest in Libya since February 2011. This notice applies to both undergraduate and graduate students, as well as elementary school, middle school, and high school students. The notice, however, applies differently to elementary school, middle school, and high school students, as discussed in the question “Does this notice apply to elementary school, middle school, and high school students in F-1 status?” F-1 students covered by this notice who transfer to other academic institutions that are SEVP-certified for enrollment of F-1 students remain eligible for the relief provided by means of this notice.
• What is the minimum course load requirement set forth in this notice? Undergraduate students who are granted on-campus or off-campus employment authorization under this notice must remain registered for a minimum of six semester/quarter hours of instruction per academic term. Graduate-level F-1 students who are granted on-campus or off-campus employment authorization under this notice must remain registered for a minimum of three semester/quarter hours of instruction per academic term. See 8 CFR 214.2(f)(5)(v). In addition, F-1 students (both undergraduate and graduate) granted on-campus or off-campus employment authorization under this notice may count up to the equivalent of one class or three credits per session, term, semester, trimester, or quarter of online or distance education toward satisfying this minimum course load requirement, unless the student’s course of study is in a language study program. See 8 CFR 214.2(f)(6)(i)(G). Elementary school, middle school, and high school students must maintain “class attendance for not less than the minimum number of hours a week prescribed by the school for normal progress toward graduation.”
• For answers to all other questions and other details, please read the notice which will be officially published and take effect tomorrow.

06/07/2011: OFLC Revises PERM Processing Times Cut-Off Date

• OFLC latest report of PERM processing times was released with a cut-off date of 05/31/2011. The cut-off date has just been revised to 06/06/2011, indicating that for the clean-cut cases, they take close to three months to adjudicate the PERM applications.

06/07/2011: H-1B Cap Latest Count as of 06/01/2011

• Regular cap count: 13,600 (out of 65,000 cap)
• Master degree cap count: 9,300 (out of 20,000 cap)

06/03/2011: USCIS-AILA Meeting Q&A of 04/07/2011 Raises Some Issues Involving Inaccuracy of Processing Reports and Culture of Restrictive Adjudication of Employment-Based Petitions and Applications

• In this meeting, the AILA candidly raised issues which the USCIS has lately been facing. Read on.

06/03/2011: Annual Report of Immigrant Visa Applicants by Country in the FB and EB Categories Registered at the National Visa Center as of November 1, 2010

• Procedurally immigrants immigrate to the United States through one of two procedures: One is the consular immigrant visa applications and the other is the I-485 green card applications through the USCIS. For the employment-based immigration categories, USCIS has been releasing the EB-485 inventory approximately every three or four months. State Department is releasing the immigrant visa application inventory registered at the NVC. Combination of these two inventories show the entire inventory waiting for the visa numbers affecting the monthly visa number cut-off dates.
• As we reminded readers from time to time, employment-based visa numbers are mostly consumed by I-485 proceedings rather than immigrant visa application proceedings outside of the country. This State Department report vividly tells such distinction. Interestingly, there are a very limited number of EB immigrant visa applicants in EB-1 and EB-2 categories, while there are a huge number of EB immigrant visa applicants waiting in EB-3 category.

06/03/2011: USCIS Citizenship Interview and Test Video on YouTube

• Citizenship applicants, check it out!

06/03/2011: PERM Processing Times as of May 31, 2011

• Analyst Reviews: April 2011
  Audits: July-August 2010
  Reconsideration Requests to the CO: October 2008
  Gov't Error Reconsiderations: Current

06/03/2011: USCIS National, Service Centers & Local Processing Volumes and Trends as of End of March 2011

• This statistics show status of pending or completed cases by types of cases and by USCIS offices at national, Service Centers, and local field offices as of March 2011.

06/03/2011: Reported USCIS Transformation Program Susceptibility to Insider Threats & Fraud

• There is a report of indictment of a former employee of a contractor that handles USCIS computer data program for committing fraud by manipulating the USCIS data. This incident raises the question of potential susceptibility of the forthcoming transformation program of filing applications online allegedly without sufficient protection against insider threats and fraud. Read on.

06/03/2011: H-2B Cap Latest Count as of 06/01/2011

• Approved: 26,655
• Pending: 1,546
• Total received: 28,201

05/28/2011: H-1B Cap Latest Count as of 05/20/2011

• Regular cap count: 12,300 (out of 65,000 cap)
• Master degree cap count: 8,500 (out of 20,000 cap)

05/27/2011: USCIS Pending EB-485 Inventory Statistics as of June 2011

• USCIS updates on May 26, 2011 the Pending EB-485 Inventory data as of June 2011. This data is very important for the EB-485 waiters to figure out total pending EB-485 cases by priority date and by country and potential impact on the State Department EB visa number cut-off dates.

05/27/2011: House Bill Exempting Certain Schedule A Foreign Nurses From Numerical Limitation for Employment-Based Immigration Visas Upto 20,000 Per Year

• We reported earlier that there was a bill introduced in the House a few days back entitled "Emergency Nursing Supply Relief Act" to relieve this country from nursing shortage. This bill provides that if Schedule A I-140 petition is "filed" before 09/30/2014, such professional nurses are exempted from employment-based immigrant visa numerical limitation upto 20,000 per year if such petition is approved. Additionally such nurses' "accompanying or following-to-join" family members (spouse and children) are also exempted from the numerical limit, no matter how many the numbers would be. Accordingly, the annual limit of this special 20,000 per year will count only principal beneficiary of Schedule A petition, nurses. It means that such qualified Scheduled A immigrant petition will produce a much larger than 20,000 who receive the benefits of exemption from the annual numerical limits regardless of immigrant visa cut-off dates in the Visa Bulletin. This bill also provides recapture of unused 20,000 numerical limit exempted numbers in the following year.
• Juicy part of this bill does not end with exemption from numerical limit. It also mandates the USCIS to expedite processing for reviewing and acting upon such qualified Schedule A petitions not later than 30 days after the date on which a completed petition has been filed!! Huh? La, la, la!
• Good deal for the foreign nurses!

05/27/2011: House Bill Extending H-1C Nurse Nonimmigrant Visa Period Upto 6-Year Maximum

• This bill proposes to give the H-1C qualified nurses initially upto 3 years and extend another 3 years, altother maximum 6 years for serving certain designated nursing shortage areas. Downside of this bill is to reduce annual quota from current 500 to 300. Hmm.........................

05/27/2011: House Bill Exempting Certain Permanent Resident Physicians and Healthcare Workers from Continuing Residence and Physical Presence Requirement in Naturalization Application for the Period of Temporary Absence to Serve in Certain Designated Countries Abroad

• Such candidate countries will be designated by the Secretary of State based on the following factos:
  • (A) eligible for assistance from the International Development Association, in which the per capita income of the country is equal to or less than the historical ceiling of the International Development Association for the applicable fiscal year, as defined by the International Bank for Reconstruction and Development;
  • (B) classified as a lower middle income country in the then most recent edition of the World Development Report for Reconstruction and Development published by the International Bank for Reconstruction and Development and having an income greater than the historical ceiling for International Development Association eligibility for the applicable fiscal year; or
  • (C) qualified to be a candidate country due to special circumstances, including natural disasters or public health emergencies.
• How interesting!

05/27/2011: U.S. Supreme Court Upholding of Arizona State Employment Verification Law and AILA Statement

05/24/2011: USCIS Executive Summaries of March and April 2011 of Mandatory E-Filing of Immigration Benefits Applications Transitions

• March session summary
• April session summary

05/24/2011: Another Nursing Legislative Bill Introduced in the House 05/23/2011

• Rep. Lamar Smith of Texas (Chair of House Judiciary Committee) introduced yesterday in the House H.R.1933 to modify the requirements for admission of nonimmigrant nurses in health professional shortage areas.
  Details have yet to be made available. A few days ago, another congressman introduced a nursing shortage relief legislative bill in the House.

05/23/2011: USCIS Releases Today Updated RFE Templates for "P" Visa Nonimmigrant Petitions Implemented by Service Centers Effectively Immediately

• The following RFE templates have been released:
  • I-129 P-1A: Athletes and Teams (Final date for stakeholder viewing: June 6, 2011)
  • I-129 P-1B: Entertainment Groups and Performers (Final date for stakeholder viewing: June 6, 2011)
  • I-129 P-2: Reciprocal Exchange Artists or Entertainers (Final date for stakeholder viewing: June 6, 2011)
  • I-129 P-3: Culturally Unique Artists and Entertainers (Final date for stakeholder viewing: June 6, 2011)
  • I-129 P: Essential Support Workers (Final date for stakeholder viewing: June 6, 2011)
• Revisions Include: An RFE will be issued when the petitioner has not met the minimum three regulatory eligibility criteria. The revised RFE Template will not require an articulation of the issues under the final merits determination as the petitioner has not established the minimum evidentiary requirements. The RFE template informs the petitioner that this is their opportunity to respond to all issues articulated in the eligibility criteria as well as provide any additional evidence for the final merits determination as USCIS will make a final decision based on the entire record after the response. Please note if the petitioner has established they meet at least the minimum of three regulatory criteria, but the petitioner hasn’t established eligibility for other statutory or regulatory criteria, a Notice of Intent to Deny (NOID) will be issued instead of an RFE.
• Please note that RFE templates are tools to assist USCIS officers in drafting RFEs for specific cases. As such, RFEs may vary depending on the facts of a case. USCIS will update RFE templates on an as-needed basis and will not solicit feedback from stakeholders with each update.

05/23/2011: State Department Announcement for Iranian F, J, and M Visa Holders

• The State Department has announced that as of May 20, 2011, qualified Iranian applicants for visas in the F, J, and M categories for non-sensitive, non-technical fields of study and research and their dependents will be eligible to receive two-year, multiple-entry visas. This is an increase in the current visa validity of three months, single entry. Iranians currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas, should they leave the country. Caveat: Validity of a visa refers to the time period the visa holder has to enter the U.S. It has no bearing on the length of stay permitted by U.S. Customs and Border Protection officials at the port of entry. Iranian students and exchange visitors in good standing in the United States do not need to apply for a new visa until after they depart the United States. Read on.

05/20/2011: Now Both House and Senate DREAM Bills Are Available

• House Bill: H.R.1842
• Senate Bill: S. 952.

05/20/2011: USCIS Filing Instructions of 05/19/2011 for Haitian Nationals Requesting TPS

• The Haitians who intend to file TPS should read and follow these detailed instructions.
• As for the details of re-registration procedures, the notice will be published in the federal register tomorrow. However, people can read advance copy of this notice now.

05/19/2011: USCIS Announces Proposals for Significant Enhancements to EB-5 Visa Processing and Seeks Comment on the Proposals by 06/17/2011

• USCIS is proposing three fundamental changes to the way it processes EB-5 Regional Center filings.
  • I: Firstly, USCIS proposes to accelerate its processing of applications for job-creating projects that are fully developed and ready to be implemented. USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.
  • II: Secondly , USCIS proposes the creation of new specialized intake teams with expertise in economic analysis and the EB-5 Program requirements. EB-5 Regional Center applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and quickly address questions or needs related to their applications.
  • III: Thirdly, USCIS proposes to convene an expert Decision Board to render decisions regarding EB-5 Regional Center applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.
• This proposal will be online until June 17, 2011, for public comment—providing stakeholders an opportunity to offer feedback on the proposed changes to the administration of the EB-5 Program. For the full text of the Operational Proposals for Comment, please click here. Read also USCIS Director's statement.

05/19/2011: Government Accountability Office (GAO) Review of Visa Waiver Program (VWP) May 2011 Relating to Security Risks

• This report reviews in depth the DHS VWP and its efforts to assure security from the risks including ESTA program and recommendations for improvement of its management of this program. Read on.

05/18/2011: H-1B Cap Count as of 05/13/2011

• Regular cap: 11,300 (out of 65,000)
• Master cap: 7,900 (out of 20,000)

05/18/2011: USCIS Hosts a Public Engagement Session 05/20/2011 at 2:00 - 3:30 EDT on Haitian TPS Extension and Reregistration Subject

• Stakeholders are invited to participate in person or by telephone. Stakeholders should contact the Office of Public Engagement at public.engagement@dhs.gov and reference the following in the subject line of your email: “May 20, 2011.”

05/18/2011: USCIS Q&A on Extension of Post-Completion OPT and F-1 Status Under the H-1B Cap-Gap Regulations for FY 2012 H-1B Cap

• We are in graduate season and foreign students may update the information on OPT extension pending H-1B petition for the current H-1B cap season and STEM OPT extension rules. Please read the following:
  • Questions & Answers
  • Full Text of Regulation governing the Subject.

05/18/2011: DHS Notice of Extension of Employment Authorization for Haitian F-1 Nonimmigrant Students Experiencing Severe Economic Hardship as a Direct Result of the January 12, 2010 Earthquake in Haiti

• This notice is effective July 22, 2011 and will remain in effect until January 22, 2013. F-1 students granted employment authorization through that notice were deemed to be engaged in a “full course of study” for the duration of their employment authorization, provided they satisfied the minimum course load requirement. This notice applies both to undergraduate and graduate students, as well as elementary school, middle school, and high school students. The notice, however, applies differently to elementary school, middle school, and high school students. F-1 students covered by this notice who transfer to other academic institutions that are SEVP-certified for enrollment of F-1 students remain eligible for the relief provided by means of this notice.
• How do I apply for an employment authorization under the circumstances of this notice? F-1 Haitian students who were lawfully present in the U.S. on January 12, 2010 and are experiencing severe economic hardship as a result of the earthquake may apply for employment authorization under the guidelines described in 75 FR 56120. This notice extends the time period during which F-1 Haitian students may seek employment authorization due to the earthquake. It does not impose any new or additional policies or procedures beyond those listed in the original notice. All interested F-1 students should follow the instructions listed in the original notice.
• Please read all other details of this notice which will be officially published in the federal register tomorrow. Read on.

05/18/2011: Haiti TPS 18-Month Extension Through 01/22/2013

• For the DHS announcement, Read on.
• There are two parts of extension: One is extension of TPS designation and the other is extension of TPS registration and status.
  • Extension of TPS: The 18-month extension of the existing designation for Haiti is effective July 23, 2011, and will remain in effect through January 22, 2013. The 90-day re-registration period for current Haiti TPS beneficiaries will run from May 23, 2011 through August 22, 2011. Re-registration procedures will be announced prior to the start of the re-registration period.
  • Redesignation of TPS: The redesignation of Haiti for TPS is effective July 23, 2011, and will remain in effect through January 22, 2013, a period of 18 months. The initial registration period for new applicants under the Haiti TPS re-designation will run from May 19, 2011 through 180 days from May 19, 2011.
• For the details of the official notice to be published in the federal register tomorrow, please click here.

05/17/2011: USCIS Updates Volumes & Trends of All Types of Cases by Service Centers and Field Offices and by Types of Cases as of March 2011

• This report also shows the same information for nation-wide. Please check it out.

05/17/2011: USCIS Updates Processing Times for Service Centers and Field Offices 05/17/2011

• Please visit our home page.

05/16/2011: Location of Filing of I-130 or I-360 by Relatives or Widow/Widower Who Live Ouside of the U.S. Will Change Effective 90 Days from 05/17/2011

• DHS regulations currently provide that certain petitioners residing in countries where USCIS does not have an international office may file a relative petition or petition by a widow or widower at a U.S. consulate abroad and that these petitions may be accepted and approved by a consular officer. It will change effective 90 days from May 17, 2011 that all petitioners who reside outside the United States file a relative petition or petition by a widow or widower according to the form instructions. The amended rule will provide the option of either mailing the petition to the USCIS Chicago Lockbox, or filing at the USCIS international office if the petitioner resides in a country where USCIS has an office.
• The USCIS is taking this step to transition toward an electronic environment and away from the filing in a paper-based environment as provided the rule on Filing Locations and Obsolete References to Legacy Immigration and Naturalization Service; Adding a Provision To Facilitate the Expansion of the Use of Approved Electronic Equivalents of Paper Forms, 74 FR 26933 (June 5, 2009). Further, USCIS is modernizing its processes and systems to accommodate and encourage greater use of electronic data submission, including e-filing and electronic interaction.
• This amended rule will be published in the federal register tomorrow, but readers may read the advance copy for all other details.

05/16/2011: Elian Gonzalez and DREAMers: Two Different Senses of Justice in American Immigration Laws and Politics

• Memory has faded away on one minor Cuban child landed in this country through the sea by his mother illegaly when he was a minor child that turned this country into the political and legal turmoil. The custody and immigration status of a young Cuban boy, Elián González (born December 7, 1993), was at the center of a heated 2000 controversy involving the governments of Cuba and the United States, González's father, Juan Miguel González Quintana, González's other relatives in Miami, Florida, and in Cuba, and Miami's Cuban American community. González's mother had drowned in late 1999 while attempting to leave Cuba with her son and her boyfriend to the United States. At the time, the legal issue on the child's asylum focused on the paternal right on the child rather than the issue of imputing parent's guilt to a child in American justice in the immigration laws.
• Americans never demanded deportation of the child for his guilt imputed from his mother's illegal landing on this country. Why should America have two different senses of justice when it comes to this issue twisting it around on its political interest rather than national conscience - imputing parent's guilt to a child in one and refuting it in other with practically identical underlying facts? Something to think about, America!

05/15/2011: USCIS Website Monthly Hits - Over 34 Million!

• Are you curious how many times people view the USCIS website each month and for what type of information? According to the USCIS, there were 34,692,919 in total in March 2011. You will be surprised to learn which sites of the websites are most popular in terms of hits. Read on.

05/14/2011: Georgia Controversial Anti-illegal Immigration Law, Protege of Notorious Arizona Anti-illegal Immigration Law, Signed Into Law Yesterday

• In the absence and vacuum created by inaction of the federal government to deal with the ailing immigration system, growing number of state governments are taking over federal jurisdictions in immigration. This new law in Georgia is more or less a copy cat of the notorious Arizona law which has recently been struck down, in essential parts of the legistive sponsors, by federal court of appeals and currently on appeal to the U.S. Supreme Court. Immigrants in Georgia, please beware of this new law. Read on.

05/14/2011: DV-2012 Lottery Update on Entry Status Check Beginning 07/15/2011

• The Department of State advises that starting on or about July 15, 2011, through June 30, 2012, all entrants may check the status of their entries through the Entry Status Check on the E-DV website.
• The entrants are reminded that they are no longer notified by email or letter.

05/14/2011: House Bill H.R. 1929 Introduced Yesterday to Relieve Shortage of Nurses

• Immigration powerful Republican Congressman, James Sensenbrenner of Wisconsin, introduced a bill H.R.1929 yesterday in the House to provide relief for the shortage of nurses in the United States. Rep. Sensenbrenner, a Republican, and former Rep. Waxler of Florida, a Democrat, have been advocates for legislation to relieve short of nurses. Please stay tuned to this website for the development of this bill.

05/13/2011: Now Every Entrant Goes Back to Square One for the Electronic Selection Process Again in Equal Footing for DV-2012 Immigration Lottery Winning Opportunity

• What an irony! There must be millions of smiling faces who one time failed to win but now in sort of jubilance and approximately 90,000 faces who one time smiled big but are now weeping in anger. To this reporter, it was just a shock and a thunderbolt hitting the head! For over 28 years of immigration law practice, this reporter has never heard nor experienced such a huge shock! Life is indeed an irony.

05/13/2011: State Department Voided All DV-2012 Lottery Selections Due to Computer Problems

• Here is the announcement: **IMPORTANT NOTICE REGARDING THE 2012 DIVERSITY LOTTERY PROGRAM**
  • We regret to inform you that, due to a computer programming problem, the results of the 2012 Diversity Lottery that were previously posted on this website have been voided. They were not valid and were posted in error. The results were not valid because they did not represent a fair, random selection of entrants, as required by U.S. law. If you checked this website during the first week in May and found a notice that you had been selected for further processing or a notice that you had not been selected, that notice has been rescinded and is no longer valid. A new selection process will be conducted based on the original entries for the 2012 program. If you submitted a qualified entry from October 5, 2010 to November 3, 2010, your entry remains with us. It will be included in the new selection lottery. Your confirmation number to check results on this website is still valid.We expect the results of the new selection process to be available on this website on or about July 15, 2011. We regret any inconvenience this might have caused. Click here to view a message from David T. Donahue, Deputy Assistant Secretary of State for Visa Services.

05/13/2011: ICE Expands STEM Degrees for 29-Month STEM OPT Program

• ICE has released expanded list of STEM degrees for 17-month addtional OPT program seekers. The expanded STEM degrees to include such fields as Neuroscience, Medical Informatics, Pharmaceutics and Drug Design, Mathematics and Computer Science. For the ICE announcement, please click here. For the expanded list, please click here.
•  

05/13/2011: USCIS I-9 Central Home for Employers

• USCIS has just posted on 05/13/2011 I-9 Central Home to help employer to properly complete I-9 employment authorization verification process and documentation. Employers hiring foreign workers may want to visit this new site.
• Please visit our home page for collection of employment verification access links for the employers.

05/13/2011: State Department Employment-Based Visa Demand Statistics Used to Determine June 2011 Visa Bulletin for EB Categories

• Readers must have noticed that we highlighted in the yesterday's reporting of the State Department predictions for the coming months. As noted in the prediction, the EB-2 visa cut-off date for India will depend on the volume of EB-2 visa numbers by Chinese and Indians, mostly Indians, between January and March or later statistics of USCIS in its EB-485 inventory for EB-2 category for all countries, India, and China. The USCIS has yet to release the updated EB-485 inventory, which will give a valuable information to figure out the EB-2 visa cut-off date patterns post June 2011, especially July and August 2011 visa cut-off dates. The USCIS EB-485 inventory data is crucial in determination of the volume of EB visa number demands because, unlike family-based immigration visa numbers which are heavily demanded by the overseas visa posts (consulates) rather than USCIS, in the employment-based immigration cases, majority (over 80%) of visa numbers are demanded by I-485 applications within the United States as most of the EB-immigrants apply for the green cards through the USCIS in the United States rather than American consulates abroad. We will post the USCIS updated EB-485 inventory statistics as soon as they are made available. Please stay tuned.
• For now, the posted State Department statistics on EB visa number demand that was used for June 2011 Visa Bulletin will give some help for readers to understand how it works.

05/13/2011: DREAMers, You Must Work Harder to Seize the Moment!

• You worked hard last year, leading to the passage of the DREAM bill in the Democratic House, but failed in the Democratic Senate. Since then the House has turned into a Republican House and you will have to deal with the ultra-conservative right-wing Tea-Party legislators. It ain't going to be that easy. The bills are introduced in the both Houses, but it does not mean that you will get what you want unless you work harder. The areas you will have to focus are the political mechanisms to initiate compromise and negotiation process in place among key players in both parties. There are no such political mechanisms or process in place at this point. You also have to deal with additional hurdles which have existed ahead of you all along, even last year, which are the Comprehensive Immigration Reform supporters and the Employment-Based Immigration supporters. Again, you need a very forceful political mechanism and compromise process in place to deal with these groups. It ain't going to be easy. But you guys are dreamers with hopes and dreams added by zeals and potential sacrifice. No more tears in the bed!

05/13/2011: USCBP (Customs and Border Protection) Plans to Revise I-94, I-94W, and ESTA to add "Place of Birth" Information to Fill Out By Foreigners

• Reportedly, these forms are used by estimated 14 million foreigners to enter the U.S. annually. In order to help the agency to do their jobs of national security as well as admissibility of the foreign travelers, it wants to add the Place of Bith to these forms which are required filled out by the travelers. This notice will be published in the federal register Monday, May 16, 2011. For advance copy of this notice, please click here.

05/12/2011: Summary of House DREAM Bill by the Sponsor, Rep. Berman

• Read on.

05/12/2011: Official June 2011 Visa Bulletin

• EB-2 Visa Availability in June and Prediction of State Department for the Rest of FY 2011 (09/30/2011):
  As mentioned in the May Visa Bulletin, Section 202(a)(5) of the Immigration and Nationality Act (INA) prescribes rules for the use of potentially “otherwise unused” EB numbers. During May the India EB-2 cut-off date is governing the use of such numbers, because India had reached its EB-2 annual limit. Since October there has been heavy demand by applicants "upgrading" their status from EB-3 to EB-2. The rapid forward movement of the India EB-2 cut-off date in May had the potential to greatly increase such demand. Therefore, the determination of the June cut-off dates was delayed in order to monitor this demand. At this time the amount of new "upgrade" demand has been minimal; this has allowed the EB-2 cut-off date governing the use of the Section 202(a)(5) numbers to advance significantly for June. The same cut-off date will apply to both China and India EB-2. Note that under INA Section 203(e) all of the “otherwise unused” numbers must be provided strictly in priority date order regardless of the applicant’s chargeability. Cut-off date movement for upcoming months cannot be guaranteed, and because of the variables involved, no assumptions should be made until the dates are formally announced. Should there be a sudden or significant increase in India and China EB-2 demand it may be necessary to slow, stop, or retrogress that cut-off date as we approach the end of fiscal year 2011.

05/12/2011: Unofficial June 2011 Visa Bulletin for Worldwide and India

• India: Employment-Based
  • EB-1: C
  • EB-2: 10/15/2006
  • EB-3: 04/22/2002
  • EB-EW: 04/22/2002
  • EB-4: C
• Worldwide Category (ROW): Employment-Based
  • EB-1: C
  • EB-2: C
  • EB-3: 09/15/2005
  • EB-EW: 11/08/2003
  • EB-4: C
• India: Family-Based
  • F-1: 05/01/2004
  • F-2A: 08/22/2007
  • F-2B: 04/15/2003
  • F-3: 06/01/2007
  • F-4: 03/08/2000
• Worldwide Category (ROW): Family-Based
  • F-1: 05/01/2004
  • F-2A: 08/22/2007
  • F-2B: 04/15/2003
  • F-3: 06/01/2001
  • F-4: 03/08/2000

[Source: American Embassy in Mumbai, India]

05/11/2011: House Version of DREAM Bill

• House version DREAM Bill, H.R.1842 to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children, introduced on 05/11/2011 by Rep. Howard L. Berman of California.

05/11/2011: Senate Version of DREAM Bill

• Senate version DREAM Bill, S.952 to authorize the cancellation of removal and adjustment of status of certain alien students who are long-term United States residents and who entered the United States as children and for other purposes, introduced by Sen. Richard Durbin of Illinois on 05/11/2011, cosponsored by the following 32 Senators:
  • Sen Akaka, Daniel K. [HI]
    Sen Begich, Mark [AK]
    Sen Bennet, Michael F. [CO]
    Sen Bingaman, Jeff [NM]
    Sen Blumenthal, Richard [CT]
    Sen Boxer, Barbara [CA]
    Sen Cantwell, Maria [WA]
    Sen Cardin, Benjamin L. [MD]
    Sen Carper, Thomas R. [DE]
    Sen Coons, Christopher A. [DE]
    Sen Feinstein, Dianne [CA]
    Sen Franken, Al [MN]
    Sen Gillibrand, Kirsten E. [NY]
    Sen Harkin, Tom [IA]
    Sen Kerry, John F. [MA]
    Sen Klobuchar, Amy [MN]
    Sen Kohl, Herb [WI]
    Sen Lautenberg, Frank R. [NJ]
    Sen Leahy, Patrick J. [VT]
    Sen Levin, Carl [MI]
    Sen Lieberman, Joseph I. [CT]
    Sen Menendez, Robert [NJ]
    Sen Merkley, Jeff [OR]
    Sen Mikulski, Barbara A. [MD]
    Sen Murray, Patty [WA]
    Sen Nelson, Bill [FL]
    Sen Reed, Jack [RI]
    Sen Reid, Harry [NV]
    Sen Sanders, Bernard [VT]
    Sen Schumer, Charles E. [NY]
    Sen Udall, Mark [CO]
    Sen Whitehouse, Sheldon [RI]
• Read the full text of the bill.

05/11/2011: Senator Durbin, Sponsor of Senate DREAM Bill, Senate Floor Statement on Introducing the DREAM Bill

We had a historic vote in the Senate last December on the DREAM Act. Senator Harry Reid, the majority leader, promised that we would bring this measure for consideration on the floor of the Senate. Some people on both sides of the aisle said, it is a bad idea, do not do it. But he kept his word, and I am glad he did. We called it. We had three Republican votes, and we fell short. Oh, we had a majority. It seems as if we always have a majority when we call this bill. But because of the threat of a Republican filibuster, we needed 60 votes, and we did not reach the 60 votes necessary. So 55 Senators, a bipartisan majority, voted for the DREAM Act. I have reintroduced it today. By way of background, this is a simple piece of legislation, but it is one that affects thousands of people across America. It came to my attention 10 years ago when a Korean-American woman called me in my Chicago office and told me she had a problem. She had come to the United States about 18 years before and brought her little girl with her. She had raised a family. She was now a naturalized citizen. The children who were born in the United States were citizens. But her older daughter was in a different status. Her older daughter was a special person. Her older daughter was a concert pianist who had been accepted at the Julliard School of Music in New York, the best. As she filled out the application form, and they asked for her citizenship, she turned to her mom and said: USA, right? And her mom said: You know, we never filed any papers for you. So the little girl said: What should we do? And her mom said: We ought to call DURBIN. So they called my office, thinking I could solve this. I found out the awful truth. Our laws currently say the only recourse for that little girl--who came here at the age of 2, who grew up in the United States, going to school here, saying the Pledge of Allegiance to our flag every morning, singing the only national anthem she knew, speaking the only language she knew--under our law could never be a U.S. citizen and had to leave our country. What is wrong with this? Well, it is unfair. That is what is wrong. At 2 years of age, she had no voice in the decision of her family to come here. She had done everything right. All she was asking for, all she continues to ask for, is a chance to be part of the only country she has ever known, a country she dearly loves.

The DREAM Act gives young people that chance. It says: You can have a chance if you graduate high school, have no criminal record involving anything of a serious nature, if you are prepared go through and prove that you have been in the United States, came before the age of 16, been here at least 5 years, then you will have a chance to apply. If you apply, you have two ways that you can reach legal status in our country: Serve in our military, or complete at least 2 years of college. For thousands of young people across America, this is the only way to get them out of their current situation. We just had a press conference with Senator Harry Reid and Senator BOB MENENDEZ, as well as Senator Blumenthal of Connecticut to reintroduce this DREAM Act. At that press conference was a young woman who told her story. Like thousands of others it is a compelling personal story. Her name is Tolu Olubunmi. She was born in Nigeria and brought to the United States as a child. She graduated her high school with honors. She was awarded a full scholarship to one of the Nation's top universities. In college, she was a leader: a peer counselor, a resident assistant, a volunteer in an abused women's shelter, and a research analyst in the department of engineering. Tolu received a bachelor's degree in chemical engineering in 2002. But she has never been able to work 1 day as a chemical engineer in America because she is undocumented. She cannot leave this country, because she could not return. She cannot get a job in this country because she is undocumented. Her whole life is focused on America. She is asking for a chance to be an engineer, to be a productive part of America, to move us forward as a nation. The DREAM Act would give her that chance.

When we introduced the bill today, we have 32 original cosponsors. We are hoping for more. We have the Democratic leadership, the Chairs of the Judiciary, Armed Services, and Homeland Security Committees, and all 10 Democratic members of the Judiciary Committee. I want to thank the lead sponsors over in the House: Howard Berman of California, Luis Gutierrez, from my State of Illinois, and Ileana Ros-Lehtinen of Florida. Thanks to their leadership last year, the House passed the DREAM Act. I want to especially thank the President. As a Senator and my colleague from Illinois, he was a cosponsor of this bill. He has been a strong supporter ever since. He never fails to mention the DREAM Act in his conversations with America about immigration. Yesterday, he said: These are kids who grew up in this country, love this country, and know no other place as home. The idea that we should punish them is cruel and it makes no sense. We are a better nation than that. The President is right. This is a matter of simple justice. Thousands of immigrant students in America were brought here as children. It was not their decision to come here. But they grew up here and they called it home. The fundamental premise of the DREAM Act is an American premise. We do not hold children responsible for the wrongdoings of their parents. These young people do not want a free pass. They do not want amnesty. All they want is a chance to earn their place in America. That is what the DREAM Act would give them. The DREAM Act would strengthen our national security, making thousands of young people eligible to serve. That is why the Department of Defense and Secretary Gates support it. In fact, the Secretary said: There is a rich precedence supporting the service of non-citizens in the U.S. military. ..... The DREAM Act represents an opportunity to expand this pool to the advantage of military recruiting and readiness. The first casualty in the war in Iraq was a Hispanic who was not a citizen of the United States, was not even a permanent resident of the United States. But he had volunteered to serve his country and gave his life. I think that shows the level of commitment these young people have to this great Nation. A recent study at UCLA found that allowing the DREAM Act to pass would put so many productive young people into our economy, they will generate jobs, they will build businesses, they will help our economy grow. I want to salute in your home State of New York, Madam President, Mayor Michael Bloomberg who has spoken out in support of the DREAM Act, and said: They are just the kind of immigrants we need to help solve our unemployment problem. Some of them will go on to create new small businesses and hire people. It is senseless for us to chase out the home-grown talent that has the potential to contribute so significantly to our society.

When you take a look at the supporters of the DREAM Act, they have such diverse backgrounds. They include business leaders such as Rupert Murdoch, and the CEOs of companies such as Microsoft and Pfizer. There are some who oppose the DREAM Act and argue that we need to enhance border security first. I can certainly make the argument, as the President did yesterday, that we have done extraordinary things, more than doubling the number of people at the border, adding technical devices there to detect people who are trying to cross, using drones, building fences. We have gone, I think, as far as I can imagine, but I am open--I told a Republican Senator this morning: I am open to any reasonable suggestion to make the border safer. But I say to my friends on the other side of the aisle, if we show good faith in border enforcement, can you join us by showing good faith in helping to pass the DREAM Act? I do not think that is an unreasonable exchange. I am open to their ideas. I hope they are open to the idea of the DREAM Act. I also have to say that many of the young people who are affected by this have been dramatically positive in their contribution to America. There are restrictions in the DREAM Act that prevent abuse. The DREAM Act students would not be eligible for Pell grants or other Federal grants, which means they are going to pay more to go to school. DREAM Act students will be subject to tough criminal penalties for fraud, including a prison sentence of up to 5 years. No one is eligible for the DREAM Act unless they arrived in the United States at least 5 years before the bill becomes law, and there is no exception and no waiver. Also the DREAM Act specifically includes a 1-year application deadline. An individual would be required to apply for conditional nonimmigrant status within 1 year of obtaining a high school degree or GED, or within 1 year of when the bill becomes law. This is not an amnesty. On many occasions I have come to the floor to tell the personal stories of people who are involved. Their lives speak more eloquently than anything I can say on the floor. Let me tell you about Nelson and Jhon Magdaleno. They are brothers who came to the United States from Venezuela when Nelson was 11 and Jhon was 9. They were both honor students at Lakeside High School in Atlanta, GA. This is a picture of Nelson Magdaleno at graduation. Jhon, his brother, served with distinction in the Air Force Junior Officer Reserve Corps. He was the fourth highest ranking officer in a 175-officer cadet unit and commander of the Air Honor Society. Here is a picture of Jhon in his ROTC uniform in high school. Both Jhon and Nelson are honor students at Georgia Tech University, a great school. It is one of the most selective engineering schools in America. Nelson, who is now 21, is a junior. He is a computer engineering major with a 3.6 GPA. Jhon, 18, is a freshman. He is a biomedical engineering major with a 4.0 GPA. Let me ask my colleagues, can we afford to lose these two young people? Well, I guess we could but at great expense because their talent, their energy, their determination to make a contribution to America can make us a better nation. I don't think returning them to Venezuela, a country they have never called home, is going to be good for the United States. John David Bunting, Nelson and Jhon's uncle, wrote me a letter about his nephews. Here is what he said: They will be able to give back so much to our country if they are allowed to stay. I am overwhelmed by my pride in them and how they have managed to persevere and even flourish under these circumstances. ..... I also have two young sons and I teach them about the incredible history of the United States and the way that our country can address wrongs committed in its name and come out of the process even stronger. Please help us. Nelson and Jhon asked the Department of Homeland Security to stop their deportation proceedings. After I received their uncle's letter, I contacted the Department and asked them to consider this case. The Department has decided to grant a stay to Nelson and Jhon to give them a chance to continue their education. That was clearly the right thing to do.

Some have criticized the Obama administration for granting this kind of deferral action to a small number of DREAM Act students, but this is exactly what the Bush administration did. I wish to commend President George Bush, who was steadfast and consistent in his support of immigration reform. It is a waste of limited resources to deport two fine engineering students from the United States, and it is entirely consistent with the law to grant them deferred action. Let me tell my colleagues about another student, Pedro Pedroza. Here is his photograph. Pedro was brought to Chicago from Mexico when he was 5 years old. He graduated from St. Agnes Catholic School in Little Village, a great part of our city of Chicago. He was an honor student at St. Ignatius College Prep, one of the best schools in Chicago. He is now a student in New York at Cornell University in Ithaca. His goal is to become a teacher. Do we need teachers with his qualities? You bet we do, not just in New York but in Illinois and across America. But, unfortunately, Pedro is in deportation proceedings. He was riding a bus from Chicago back to school in New York when immigration agents arrested him. He has asked the Department of Homeland Security to grant him a stay, and I hope they will. It makes no sense to send someone like Pedro, who has so much to contribute, to a country he barely remembers. Here is what he wrote to me in a letter: Mexico is not only unfamiliar to me, but leaving the U.S. means leaving everything and everyone I know. I only hope I can have a future in the U.S. for as long as I am here. Even if I am left no choice but to leave for Mexico, I would still strive to adjust my status and return to a place I consider home--The United States of America. The last photograph I wish to show is Steve Li. This is his photograph. His parents brought him to the United States when he was 11 years old. He is a student at the City College of San Francisco where he has majored in nursing and is a leader in student government. He wrote a letter: My dream is to become a registered nurse at San Francisco General Hospital and be a public health advocate. I want to give back to my community by raising awareness about preventive care and other health care issues. I am well on my way to achieving that dream. By passing the DREAM Act, I will be able to achieve these goals and contribute to the growing health care industry. So can we use more health care professionals? You bet we could. Nurses, we need a lot of them. In fact, the United States imports thousands of foreign nurses each year in this country because we just don't have enough. Unfortunately, Steve Li is also in deportation proceedings. His case is especially complicated because while his parents are Chinese, he was born in Peru. So he could be deported back to Peru where he knows no one and has no family members. Senator Feinstein asked the Department of Homeland Security to consider his case. They have given him a temporary stay, for now.

I first introduced the DREAM Act 10 years ago. Since then, I have met so many immigrant students who would qualify for it. When I first brought up this bill I used to have meetings in Chicago. After the meetings, without fail there would be someone waiting for me outside. Sometimes in the dark of night they would be standing by my car. They were always young and most of them had tears in their eyes, and they would say to me: Senator Durbin, please pass the DREAM Act. It is my life. Times have changed. Ten years of effort, even passing it with a majority, hasn't resulted in this becoming a law because of the Republican filibuster. Times have changed to the point where the DREAM Act students are now stepping up and saying: Here we are. This is who we are. We are not going to hide in the shadows anymore. When we debated that bill on the floor of the Senate last December, the galleries were filled with students wearing graduation gowns and caps, waiting, praying for the vote, and it failed. They left, many of them crying. They went downstairs, and I met with them. They couldn't have felt worse. They just don't know where to turn. They are being rejected by the only country they have ever known, the only place they have ever called home. I said to them: I am not giving up on you. Don't give up on me. We are going to keep working on this. We reintroduced the bill today. I thank my colleagues who have already cosponsored it. I urge and plead with others who have not for simple justice and fairness. Give these young people a chance. That is all they are asking for.

05/12/2011: Text of Witness Testimonies, House Immigration Subcommittee Hearing: Secure Visa Act, 05/11/2011

• Chairman Lamar Smith
• Gary Cote, Acting Deputy Assistant Director, Office of International Affairs, USICE
• David Donahue, Deputy Assistant Secretary for Visa Services, Bureau of Consular Affairs, U.S. Department of State
• Janice Kephart, Director of National Security Policy, Center for Immigration Studies
• Edward Alden, Bernard L. Schwartz Senior Fellow, Council on Foreign Relations
  

05/11/2011: DREAM Act Bill Introduced Today in Both Senate and House

• Rep. Berman introduced the bill in the House and Sen. Durbin introduced in the Senate. Read on.
• Full text of these bills be posted here as soon as they are made available. Please stay tuned.

05/11/2011: Invitation to White House Conference Call "Today" on Immigration Reform

• Today, Wednesday, May 11th, the White House will host a conference call with a broad group of stakeholders with Melody Barnes, Director of the White House Domestic Policy Council, Cecilia Munoz, Director of the White House Office of Intergovernmental Affairs and Jon Carson, Director of the White House Office of Public Engagement to discuss the President's speech and next steps.
  
  WHAT: Conference Call with Stakeholders on President Obama's Immigration Speech and Next Steps
  
  WHO: Melody Barnes, Director, White House Domestic Policy Council
  Cecilia Munoz, Director, White House Intergovernmental Affairs
  Jon Carson, Director White House Office of Public Engagement
  
  WHEN: Wednesday, May 11, 2011
  1:00 pm EST/12:00 pm CT/11:00 am MT/10:00 am PT
  
  HOW: (800) 398-9367 Code: "White House Immigration Call"

05/11/2011: FY 2012 H-1B Cap Count as of 05/06/2011

• Regular Cap: 10,200 (out of 65,000 cap)
• Master Cap: 7,300 (out of 20,000 cap)

05/10/2011: Democrats' Campaign To Woo Faltering Hispanic Political Base

• President Obama was all over the cyber space and physically in El Paso today to bring back his faltering Hispanic political base by talking immigration reform. Report indicates that Democratic leaders in the Senate including Majority Leader Harry Reid, Sen. Dick Durbin, and Sen Menendez of New Jersey will have a press conference tomorrow morning to blame Republicans and to reintroduce DREAM Act in the Senate. Well, we are already in May and there is not much time before the Congress goes into the summer recess in August. When they come back after the summer recess, the Congress will be obsessed with the 2012 national election strategies and legislative campaign to solidify their bases. It will be interesting to watch how much the Democratic leaders will be able to manage their motivation and credibility issues among the public.

05/10/2011: USCIS Field Guidance on Deportability and Inadmissibility on Public Charge Grounds

• On May 4, 2011, we posted the USCIS Public Charge Fact Sheet on this site. The fact sheet is derived from its earlier rule which was published in 1999. Those who want to learn the specific consequences of receiving certain public charge may want to read this regulation.

05/09/2011: H-2B Cap Count as of 05/06/2011

• Total received: 27,173 (Total cap: 33,000)
• Approved: 24,420
• Pending: 2,753

05/07/2011: Tri-Valley University (TVU) President Reportedly Indicted in California for Student Visa Fraud Scheme

• Former and current foreign students of TVU had gone through a difficult time for a few months even before there was an indictment because of the investigation and the ICE action. The report noted that as an individual, the president should remain innocent until proven guilty, but those who are affected by the news may want to check the status of the SEVIS Approved School list of April 26, 2011.

05/07/2011: Child Status Protection Act (CSPA) Q&A in Family-Based or Employment-Based Immigration Proceedings

• People who go through either family-based immigration proceedings or employment-based proceedings tend to face the puzzling CSPA question when they are beneficiary or derivative beneficiary of the immigration proceedings. The Ombudsman hosted a teleconference in January 2011 on this issue inviting the officials who are in charge of these issues. The summary of the teleconference is extremely helpful in understanding and finding answers to their questions on this issue. This reporter strongly recommend the people who have growing-up children when they are in such immigration proceedings to read this material.

05/07/2011: Ombudsman Teleconference Q&A on I-129 Export Control/Deemed Export Control Question

• Ombudsman hosted a teleconference inviting an official from the U.S. Department of Commerce to ask some questions on the topic. Even though it did not give complete answers, this conference summary may give some help to the small employers filing H-1B and L-1 petitions using I-129 form that asks this question. Read on.

05/06/2011: Reminder of Winner Notification Procedure Change to DV-2012 Immigration Lottery Winners

• From May 1, 2011, through June 30, 2012, all entrants may check the status of their entries through the Entry Status Check on the E-DV website www.dvlottery.state.gov. Entry Status Check will be the ONLY means by which DV lottery winners/selectees will be notified of their selection for DV-2012. Additionally, Entry Status Check will provide you, the successful selectee, instructions on how to proceed with your application and notify you of the date and time of your immigrant visa appointment. The Kentucky Consular Center no longer mails notification letters to DV selectees. Those selected in the random drawing are NOT notified of their selection by email.

05/06/2011: H-2B Cap Count as of 04/29/2011

• Total received: 26,262 (Total cap: 33,000)
• Approved: 23,926
• Pending: 2,336

05/06/2011: Secure Visa Act Bill Reintroduced Yesterday in the House, H.R. 1741

• Judiciary Chairman, Rep. Lamar Smith, reintroduced this bill yesterday, H.R. 1741, cosponsored by Rep Akin, W. Todd of MO, Rep Bilirakis, Gus M. of FL, Rep Calvert, Ken of CA, Rep Gallegly, Elton of CA, Rep King, Steve of IA, Rep McCaul, Michael T. of TX, Rep Poe, Ted of TX, and Rep Ross, Dennis of FL.
• House Judiciary Immigration Subcommittee is scheduled to have a hearing on this bill on May 11, 2011, as we reported yesterday.

05/05/2011: OFLC Releases Latest (01/01/2011-03/31/2011) Disclosure Data for Permanent and Temporary Labor Certification Applications

• OFLC has just released the data that discloses PERM, H-1B, H-2A, and H-2B applications filed by employers and OFLC decisions for the second quarter of 2011.
• OFLC has also released the historical data for the same covering 2008 through 2010.

05/05/2011: USCIS Immigration Benefits Applications and Naturalization Applications Monthly Statistics as of End of March 2011

• Immigration benefits applications
• Naturalization applications
• Both immigration and naturlization applications trends

05/05/2011: Move to Reintroduce "Secure Visa Act" in the House

• The Secure Visa Act, H.R. 4758, is a bill which was introduced by Rep. Lamar Smith in the 111th Congress and at the sunset of the 111th Congress, this bill automatically died. This bill authorizes DHS and DOS to revoke visas in the security or foreign policy interests of the United States, more of less in broad brush, with limited remedy or relief in that the bill would deprive the aliens of the right to administrative or judicial review of such decisions. The House Judiciary Immigration Subcommittee is scheduled to have a hearing on Secure Visa Act on May 11, 2011. The civil rights and immigrant rights advocates should be alerted with this move.

05/04/2011: USCIS Updates Public Charge Fact Sheet 04/29/2011 - Find Out Receiving What Government Benefits Will Put One Into a Big Trouble!

• An individual who is likely at any time to become a public charge is inadmissible to the United States and ineligible to become a legal permanent resident. However, receiving public benefits does not automatically make an individual a public charge. This fact sheet provides information about public charge determinations to help noncitizens make informed choices about whether to apply for certain public benefits. Under the agency guidance, non-cash benefits and special-purpose cash benefits that are not intended for income maintenance are not subject to public charge consideration. To find out what benefits are considered such benefits by reading the full text of this fact sheet.

05/04/2011: USCIS Releases Today, 05/04/2011, Template for RFE for EB-11, Extraordinary Worker Petitions

• This template reflects the feedbacks from the recent stakeholder sessions. This feed-back has taken effect as of today, binding the adjudicators in issuing I-140 for EB-11 petitions. The employers or foreign workers filing self-petition should review this template to see what the adjudicators at the Service Centers would look for in adjudicating their labor-certification waiver I-140 petition for extraordinary workers.

05/02/2011: FY 2012 H-1B Cap Count as of 04/29/2011

• Regular Cap: 9,200 (out of 65,000 cap)
• Master Cap: 6,600 (out of 20,000 cap)

05/02/2011: USCIS Publishes Interim Guidance for Additional Guidance to the Field on Giving Deference to Prior Determinations of H-1B Cap Exemption Based on Affiliation

05/02/2011: USCIS Secure Mail Initiative for Delivery of EAD, AP, and Green Cards by Priority Mail with Delivery Confirmation

• USCIS has just released information that under a partnership with the U.S. Postal Services, USCIS has fully implemented the Secure Mail Initiative (SMI), which uses U.S. Postal Service (USPS) Priority Mail with Delivery Confirmation to deliver certain immigration documents in a safe, secure and timely manner. The SMI reportedly enables USCIS to confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. With USPS tracking information, USCIS customers can easily stay up-to-date on the delivery status of their documents and USCIS can confirm that these essential documents were delivered to the proper address. SMI provides USCIS customers many benefits of ability to track the status of their documents through USPS tracking system, quicker delivery documents through USPS Priority two to four business days sooner than with first-class mail, average three days, and customer's ability to contact USCIS’s Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status "two weeks" (but not earlier) after getting their approval notice in the mail. For the details, please read the USCIS release.
• It is, however, not clear the meaning of "Delivery Confirmation." Currently, the USPS uses two delivery confirmation options, one option requiring signature of the receiver and other option not requiring signature upon delivery. If it is the former, the customer should make it sure that the receiver is present to sign the delivery confirmation. As soon as this is clarified, we will post the information.
  

04/30/2011: First North Dakota EB-5 Regional Center-Pilot Investment Immigration Program Targetting at Equity Investments by Foreign Immigrant Investors for Green Cards

• Report indicates that this program received a final approval from the USCIS this week. This program will cover the entire State of North Dakota and 20 counties in Northwestern Minnesota, which include Kittson, Roseau, Marshall, Pennington, Beltrami, Red Lake, Polk, Norman, Clay, Otter Tail, Douglas, Pope, Traverse, Stevens, Wilkin, Becker, Mahnomen, Clearwater, Grant and Lake of the Woods. Industries in these ares include Agriculture, Forestry, Fishing & Hunting; Manufacturing; Construction Machinery Manufacturing; Mining Machinery Manufacturing; Aerospace Product & Parts Manufacturing; Information; Research and Development in Biotechnology; Electric Power Transmission, Control and Distribution; Real Estate. This Regional Center is targeting at investors from China, South Korea, India, Brazil, Canada, Norway and other countries.
• For the list of EB-5 Regional Centers throughout the country, please click here.

04/30/2011: Employment-Based Visa Demand Data Used by Visa Bureau for May 2011 EB Visa Cut-Off Dates

• This information gives the information as to how the State Department determined the May Visa Bulletin cut-off dates. Those who have not had the opportunity to review this data will be interested in reading this material during the weekend. Read on.

04/30/2011: Line-Up of USCIS Teleconferences of Important Subjects in Coming Month of May 2011

• USCIS Public Engagement Office will host the following teleconferences for the stakeholders and public. This reporter encourages the stakeholders and public to actively participate in these conferences to provide public in-put and feed-back to the USCIS operation and policy-making as well as to learn the state of operation of the subject topics of the USCIS. Remember that unless the public participate in the government operation and policy making process, the public cannot expect responsive operation of a government agency, the fundamental principle of democratic government. It is considered a duty of customers of the government services to participate. Otherwise, such consumers do not deserve complaining against the government process behind the scene. Only crying babies are fed with the milk as well.
  • 05/02/2011: National Benefits Center (NBC) Overview Webinar, Monday, May 2, 2011 at 2:30 pm (CST).
  • 05/12/2011: L-1B "Specialized Knowledge" Interpretation, Standard & Requirement, Thursday, 2:00 pm (EDT)
  • 05/31/2011: HQ Service Center Operations Directorate re: Customer Serivice, Tuesday, May 31, 2011 at 2:00 pm (EDT)
• For registration, please visit the USCIS Outreach site.

04/29/2011: Changes in PERM Processing Times and Other Factors Surrounding PERM Filing

• Employers and foreign workers one time learned earlier this year that the PERM applications had been certified in a short period of time this year, in one week or mostly in one month for the "clean" cases. However, the April 2011 report of processing times reflects somewhat slow-down of the processing times, albeit minor. Careful readers must have noticed the difference in report cut dates between March and April 2011. The cut off date in March report was March 9, while the cut off date in April 2011 was April 25. The clean cut case processing time in March report was February 2011 and the same for April was March 2011. However, because of the cut-off date difference, it appears that there is practically about two weeks or so delays as of April 2011 as opposed to March 2011. Information indicates that employers start receiving clearn-cut case certifications which were filed early March or February 2011. We have no information as to any potential further delays in processing times, but the employers should be aware of the foregoing record in planning for filing of PERM applications. AILA reports that approximately 50% of cases are in Supervised Recruitment & Audit track, approximately 20% of cases are Appeals track, and only approximately 30% of cases in Analyst Review track, clearly reflecting changing environment of PERM processing. The report also indicates that denial rate has been substantially increased. This changed environment is caused by the OFLC reenforcement of integrity (fraud) investigations and this is likely to continue. Well, heydays are more or less gone.
• The DOL SOC/OES wage data is expected to change as of July 2011. Considering the recent trend of inflation rate, the wage date for 2011 which will be released and controlling for the prevailing wage determination is likely to reflect upward changes in the wage rates. Currently, OFLC's ETA 9141 prevailing wage determination takes "three weeks," with a valid period of 90 days. It means that unless ETA 9141 is filed at least three weeks or earlier of July 1, 2011, the employers will be subject to potentially higher prevailing wage determination for the labor certification. Prudent employers may thus take care of the prevailing wage determination request by May at the latest. Just a reminder.
• There is another change forthcoming in July 2011. Current PERM form, ETA 9089, expires at the end of June 2011, and OFLC is reportedly planning to change the ETA 9089 form, which will obviously start beginning from July 2011.

04/29/2011: Reminder of Importance of Reading USCIS 04/07/2011 Q&A for Change of Employment Pending EB-485 Applications

• Considering the long lapse of time relating to the visa regression and the agency nonimmigrant record of EB-485 applicant changing employers, the EB-485 applicants may receive RFE on issues of "Same or Similar Occupational Classification Before and After Change of Employment" and "Continuing Existence of the Petitioned Job." The guidance for response to such RFE has been provided by various previous Yates, Aytes, and Neufeld AC 21 memorandum. However, the recent release of Q&A by the USCIS reflects that the adjudicators will focus on "totality of circumstances" rather than one of the three standards of OES code, wage, and description of duties. The foregoing memorandum also stated that the agency would consider the totality of circumstances, but the USCIS 04/07/2011 Q&A emphasizes, more than ever, the importance of "totality of circumstances." Accordingly, those who need reporting of AC 21 change of employment either proactively or in response to the RFE should pay attention to all of the three factors carefully and provide evidence, as best as one can, to establish all of the three factors. We posted this Q&A earlier but the readers are reminded to review the Q&A again carefully.

04/28/2011: NSEERS Special Registration Required Countries List Elimination Officially Took Effect Today

• DHS has published this notice in the federal register today with the effective date of 04/28/2011. It is now official. It is indeed a relief for a huge number of foreigners from the listed countries who had to go through a process, sometimes very difficult and complicated, until now to travel in this country in either nonimmigrant or immigrant status. DHS appears to be doing this under the President's initiatives to remove unnecessary or ineffective or inefficient regulations in his Administration. Here is the official notice which is published today.

04/27/2011: H-2B Cap Count as of 04/25/2011

• Total received: 25,607 (Total cap: 33,000)
• Approved: 22,941
• Pending: 2,666

04/27/2011: DHS Removes Designated Countries from the National Security Entry-Exit Registration System (NSEERS) Registration Requirement

• The DHS is eliminating redundant programs by removing the following countries from, and relieving nonimmigrant nationals or citizens of the following countries from compliance with, the special registration procedures under the NSEERS: Afghanistan, Algeria, Bahrain, Bangladesh, Egypt, Eritrea, Indonesia, Iran, Iraq, Jordan, Kuwait, Lebanon, Libya, Morocco, North Korea, Oman, Pakistan, Qatar, Saudi Arabia, Somalia, Sudan, Syria, Tunisia, United Arab Emirates, and Yemen. Over the past six years, the Department of Homeland Security (DHS) has implemented several new automated systems that capture arrival and exit information on nonimmigrant travelers to the United States, and DHS has determined that recapturing this data manually when a nonimmigrant is seeking admission to the United States is redundant and no longer provides any increase in security. DHS, therefore, has determined that it is no longer necessary to subject nationals from these countries to special registration procedures, and this notice deletes all currently designated countries from NSEERS compliance.
• Accordingly, effective 04/28/2011 when the notice will be published, nonimmigrant nationals and citizens of these countries are no longer required to comply with the requirements of 8 CFR 264.1(f), including the requirement that they exit through designated ports of entry. Nationals and citizens from these countries are no longer subject to the NSEERS registration requirement. Accordingly, DHS will no longer register aliens under NSEERS effective 04/28/2011. This notice does not relieve any alien of any other requirement under the law.
• This notice will take effect tomorrow, 04/27/2011. Please read the full text of the advance copy which will be published in the federal register tomorrow.

04/27/2011: FY 2012 H-1B Cap Count as of 04/22/2011

• Regular Cap: 8,000 (out of 65,000 cap).......Hmm............................ snail. Who would complain, though!
• Master Cap: 5,900 (out of 20,000 cap)

04/26/2011: Vermont Service Center (VSC) Spring 2011 Semi-Annual Stakeholder Conference on Friday, May 6, 2011 in New York City

• The VSC will offer several breakout sessions which will address program specific issues. The tentative agenda items include an I-129 panel, a TPS update, and a panel on family based applications and petitions. There will be a USCIS Directors and managers panel in the afternoon that will include the VSC Director Dan Renaud, New York City District Director Andrea Quarantillo, VSC Deputy Director Karen Fitzgerald and VSC Assistant Center Directors.
• This conference is open for participation in person only. Those who want to participated in the conference should click here for the details including registration.

04/26/2011: PERM Processing Times as of 04/25/2011

• Analyst Reviews: March 2011
• Audits: December 2009
• Reconsideration Request to the CO: September 2008
• Government Error Reconsiderations: Current

04/26/2011: State Department Expands Consular Officer's Authority to Revoke Nonimmigrant Visas Effective 04/27/2011

• The State Department will release a final rule tomorrow which will take effect as of tomorrow that broadens the authority of a consular officer to revoke a visa at any time subsequent to issuance of the visa, in his or her discretion. These changes to the Department’s revocation regulations expand consular officer visa revocation authority to the full extent allowed by statute. Additionally, this rule change allows consular officers and designated officials within the Department to revoke a visa provisionally while considering a final visa revocation. For the details, please read the full text of the final rule.

04/25/2011: Exchange Visitor Program for Summer Work Traval Scheduled to Change Effective 07/15/2011

• The State Department is revising the regulation for this program to tighten the procedure in order to enhance security and integrity. The State Department has examined the potential risks and harms related to the Summer Work Travel program and believe that the current regulations do not sufficiently protect national security interests; the Department’s reputation; and thehealth, safety, and welfare of Summer Work Travel program participants. Accordingly, and for reasons discussed more fully below, this rule modifies the Summer Work Travel regulations by establishing different employment placement requirements based on the aliens’ countries of citizenship and by requiring sponsors to fully vet the job placements of all program participants. It also clarifies that only vetted U.S. host employers and vetted third party overseas agents or partners (i.e., foreign entities) with whom sponsors have contractual agreements may assist sponsors in the administration of the core functions of their exchange programs. Sponsor monitoring, reporting, and information dissemination requirements are also strengthened. For advance copy of this regulation, please click here. This revised rule will not take effect until July 15, 2011.

04/22/2011: Congressional Research Services' In-Depth Review of Diversity Immigration Visa Lottery Program

• This material reviews in depth the history and ethnic changes in immigrants through this program. For instance, in 1994, close to 100% of the immigrants through this program were Europeans. However, as of 2009, European immigrants through this program is a little over 20% and close to 50% are taken by Africans. Is perception of this program affected by this change?

04/20/2011: White House Press Release of the President's Meeting with Over 70 Political and Community Leaders at White House Yesterday

• Report indicates that over 70 leaders of community and political groups were invited to the White House yesterday addressing the issues of broken immigration system and immigration reform. The reaction of media to the results of the meeting, however, appears to be skeptical and disappointment for lack of specifics of the President's agenda and initiatives for the comprehensive immigration reform. It has triggered backfires from the anti-immigration forces lebelling the meeting political and 2012 election campaign strategy. Fox News complained that no governors from border states had been invited to the meeting. Please stay tuned.

04/19/2011: I-485 Inventory Statistics as of February 2011 Update by Preadjudicated Cases (Waiting for Visa Numbers) and Customer Action Waiting Cases by Service Centers and Field Offices

• The February 2011 shows a continuous reduction of "preadjudicated" cases waiting for visa numbers in "local" field offices. Read again the USCIS Interim Memo on USCIS 485 processing office changes.

  • USCIS Offices	Preadjudicated: Visa Number Waiting (November in blue) (December in brown) (Januaary in green) (February in Pink)	Awaiting Customers Action such as RFE, NOID, Refingerprinting, etc, etc.(November in blue)(December in brown)(January in green) (February in Pink)
    NSC	74,997 (74,548) (73,968) (73,012)(72,016)	3,890 (4,025)(4,508)) (4,539)(4,438)
    TSC	67,271 (66,605) (65,980) (76,156)(72,516)	558 (686)(409) (428)(327)
    CSC	0 (0)(0) (0)(0)	554 (477)(348)(453)(581)
    VSC	0 (0)(0) (0)(0)	266 (330)(268)(396)(427)
    Los Angeles	2,926 (2,349)(2,229)(430)(319)	1,001 (1001)(1,333)(1,205)(992)
    Chicago	1,244 (1,198)(1,199)(5)(2)	690 (678)(822)(824)(723)
    Houston	1,238 (1,204)(1,199)(1)(1)	606 (605)(727)(742)(664)
    Washington, D.C.	1,101 (937)(622)(338)(334)	767 (756)(769)(832)(727)
    Newark, NJ	900 (794)(774)(18)(10)	686 (793) (1,035) (1,002)(828)
    Dallas	887 (729)(714)(389)(108)	450 (488)(685)(665)(573)
    Atlanta	785 (754)(395)(10)(6)	631 (672)(751)(768)(631)
    San Francisco	784 (764)(761)(0)(0)	373 (378)(413)(484)(401)
    San Jose	696 (581)(509)(107)(8)	192 (194)(256)(256)(241)
    New York	612 (508)(479)(182)(7)	1,218 (1,257) (1,506) (2,995) (2,774)

• As of February 2011, overall national I-485 case inventory are as follows:
  • All Other Pending: 226,069
  • Pre-adjudicated & awaiting visa number: 145,967
  • Awaiting customer action: 27,388
  • Completed: 45,474
  • New Receipts: 36,231

04/19/2011: President's Today's Immigration Meeting with Former California Governor and New York Mayor

• Reportedly, the President is scheduled today to meet with these political leaders to discuss the immigration reform initiatives. Details have yet to be released. Please stay tuned.

04/18/2011: H-2B Cap Count Update as of 04/15/2011

• Total=24,394
• Approved=21,706
• Pending=2,688

04/18/2011: FY 2012 H-1B Cap Count as of 04/15/2011

• Regular cap=7,100 (out of 65,000)
• Master cap=5,100 (out of 20,000)

04/18/2011: USCIS Updated Processing Times 04/18/2011

• See our home page.

04/16/2011: OFLC Reminds Employers of Proper Way to Complete the ETA 9141 Prevailing Wage Determination Request Form to Avoid Delays or Wrong Determinations

• The first step of permanent and temporary labor certification application process to file ETA 9141 to obtain the Prevailing Wage Determination from the OFLC. For instance, in PERM application, the employers have to file this application online using iCert Portal System. Currently the decision takes about three weeks.
• The form is only a four-page form that misleadingly looks very simple. However, a careful completion of the form is extemely important in that ETA 9089 PERM application cannot contradict with the job and wages in the ETA 9141 decision. The DOL reminds the employers of the following points which the employers should be aware of. They state that there are items on the ETA 9141 that employers are routinely leaving incomplete or incorrect. Such items include:
  • Item D.a.6, job duties. In item D.a.6., the employer must provide a description that details the duties with enough specificity to issue a prevailing wage determination under a relevant Standard Occupational Code (SOC). To do this, the employer must specify the field(s) and/or product(s)/industry(ies) involved, any equipment the employee will use, and pertinent working conditions.
  • Items D.b.1-1b, education. In item D.b.1, mark only one U.S. diploma or degree as the employer's minimum requirement. If you choose "Other degree", indicate in item D.b.1a the specific U.S. diploma or degree (e.g., JD, MD, DDS, etc.). If the position requires a degree, in item D.b.1b indicate the major(s) and/or field(s) of study for the required degree.
  • Items D.b.4-4b, employment experience. If the employer checks 'No' to the experience question or leaves it blank, but indicates the number of months of experience required, we will consider that as a 'Yes'. In addition, if the job duties (item D.a.6) or the special requirements (item D.b.5) indicate that the position requires employment experience, the requestor must ensure it corresponds with the answers to items D.b.4-4b.
  • Items D.c.1-6, place of employment. "N/A" is not an acceptable answer for place of employment, and the ETA 9141 will be voided and returned to the requestor. The employer must provide the complete street address, city, county, and state for the location where the work will be performed.
  • Item D.c.3, the city of the place of employment. Enter the appropriate city for the worksite address. For Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont, enter the city or town, as appropriate.
  • Item D.c.4, the county of the place of employment. Enter the appropriate county, not country (USA), for the worksite address. For Alaska, enter the appropriate borough or census area. For Louisiana, enter the appropriate parish. If the city is not part of any county, enter the city as the county.
  • Item D.c.7 and D.c.7a, multiple worksites. If there are multiple worksites, identify the geographic place(s) of employment indicating each Metropolitan Statistical Areas (MSAs) or the county (or independent city(ies)/township(s)/borough(s)/parish(es) as appropriate) and the corresponding state(s) where the employee will work. The employer must provide enough geographic detail to cover all the known worksite locations of intended employment. The NPWC does not require employers to input every physical address worksite for the prevailing wage determination. The NPWC deems it sufficient to provide the appropriate MSA or the county (or independent city(ies)/township(s)/borough(s)/parish(es) as appropriate) and the corresponding state(s) where the employee will work.
• Details, details, details!

04/16/2011: GAO Report of 04/14/2011, "Employment Verification: Agencies Have Improved E-Verify, but Significant Challenges Remain"

• According to the GAO report which was released on 04/14/2011, USCIS has reduced TNCs (Tentative NonConfomance) from about 8 % for the period June 2004 through March 2007 to about 2.6 % in fiscal year 2009. In fiscal year 2009, about 2.6 % or over 211,000 of newly hired employees received either a SSA or USCIS TNC, including about 0.3 % who were determined to be work eligible after they contested a TNC and resolved errors or inaccuracies in their records, and about 2.3 %, or about 189,000, who received a final nonconfirmation because their employment eligibility status remained unresolved. For the approximately 2.3 % who received a final nonconfirmation, USCIS was unable to determine how many of these employees (1) were authorized employees who did not take action to resolve a TNC because they were not informed by their employers of their right to contest the TNC, (2) independently decided not to contest the TNC, or (3) were not eligible to work. USCIS has taken actions to institute safeguards for the privacy of personal information for employees who are processed through E-Verify, but has not established mechanisms for employees to identify and access personal information maintained by DHS that may lead to an erroneous TNC, or for E-Verify staff to correct such information.
• On March 21, 2011, the USCIS announced that it launched the E-Verify Self-Checks by the employees in certain states. It is unclear how much the newly launched E-Verify Self-Check will help to resolve the erroneous TNCs and minimize the victims of the erroneous TNCs and their employers. The employers and the employees should be aware of their right to contest such TNCs to resolve such decisions.

04/15/2011: Now Budget Battle is Over. What is the Next Priority Political and Legislative Agenda?

• It is time now for the political leaders to direct their attention to the immigration issues that have been seriously ailing and more or less abandoned for years for the political reasons.

04/14/2011: CBP FAQ on Closed Loop Voyages for Cruise Travelers Returning on the Same Cruise Ship from Travel to Canada and Mexico and Adjacent Islands

• We will soon approach summer cruise travel season and this FAQ of CBP gives some helpful information for reentering process and requirement from these trips. Caveat: This information of CBP does not necessarily give answers to those who are in I-485 proceedings and need a separate answer to the consequences of such trip on the issue of potential abandonment of pending I-485 unless he/she carries an advance parole. They should seek legal counsel. Additionally, the "Closed Loop Voyages" are defined very narrowly and the voyages of nonimmigrants to the areas not meeting this definition may still be limited to F visa nonimmigrants without going through the admission process. The nonimmigrants who wish to make caribbean islands, Mexico and Canada on cruise ships, "should" seek legal counsel rather than relying on this FAQ.

04/14/2011: USCIS Issues Final Policy Memorandum on Delegation of Appellate Jurisdiction with Respect to Certain Forms I-360 Filed by Afghan or Iraqi Nationals

• This memorandum revises Adjudicator's Field Manual (AFM) Chapter 22.3 (AFM Update AD 10-40). Read on.

04/14/2011: USCIS Issues Final Policy Memorandum on Nepal Initiative – Filing Form I-600, Petition to Classify Orphan as an Immediate Relative, to Adopt a Child in Nepal

• This memorandum revises Chapter 21.5(d) of the Adjudicator’s Field Manual (AFM), AFM Update AD10-47. Read on.

04/14/2011: USCIS to Release Final Rule on Documents Acceptable for Employment Eligibility Verification Tomorrow, But Employers Do Not Need Alerts

• This rule finalizes without change a 2008 interim final rule governing the types of acceptable identity and employment authorization documents (EADs) and receipts that employees may present to employers for completion of Form I-9, Employment Eligibility Verification. This final rule which will be published in the federal register will not change the 2008 interim final rule which the employers are currently using for employment authorization verification compliance. However, it would not be a bad idea for the employers to keep a copy of this final rule with their human resources and legal department components. Here is the advance copy.
• See also USCIS Q&A on this final rule.

04/14/2011: Confusion over Federal Immigration Agency Names or Abbreviations

• USCIS has released a report that there are still a large number of consumers who use "INS" to search information from the government sites. By now, everyone should have known that the legacy "INS" has been long gone! The legacy INS is not the same agency with the USCIS. When the DHS was created in 2003, former INS was split into many different parts of different federal departments, not to mention different directorates within the DHS. Current ICE and CBP were part of the INS, but not any more. Government attorneys representing in immigration court proceedings were INS officials, but not any more. They are the employees of U.S. Department of Justice. What about the Board of Immigration Appeals? Ditto. It was part of INS, but now part of U.S. Department of Justice. One can go on and on to learn changes after INS was eliminated. Indeed, the current USCIS represents a part of the former INS, specializing in fee-based immigration and naturalization benefits management and services only. Search using INS may not lead to the right information. This reporter also reminded the readers of the difference between USCIS and CIS a number of times. Still a large number of people, even some knowlegeable lawyers still use CIS to refer to the USCIS. People should have noticed that Ombudsman of the DHS uses the CIS and not USCIS because these two offices are not the same division within the DHS organization structure. Indeed, there are the CIS ombudsman officials in the Service Centers, but they are not USCIS officials. Using right terms can be very important in some cases. Just a reminder!

04/14/2011: Text of Testimonies of Witnesses at House Immigration Subcommittee Hearing to Eliminate Immigration Lottery Program (DV)

• This hearing was held on 04/05/2011. The sponsor of this bill attempted to attach this bill to the hot button bill of Continuing Resolution to fund federal government but later withdrawn. However, this bill itself is still alive as a stand-alone legislative bill. The hearing was held to hear testinomonies of witnesses. There is another bill in the House to eliminate Immigration Lottery Program which is sponsored by Rep. Isaa of Califonia. The big difference between these two bills is that Rep. Isaa's bill proposes to use immigration lottery visa quota for the top-notch U.S. educated Ph.Ds in the STEM, while this bill proposes just to reduce the immigration visa numbers by eliminating the immigration lottery program. Let see what the witnesses had to say at the hearing:

Rep. Bob Goodlatte, sponsor of the bill
Janice L. Kephart, Director, National Security Policy, Center for Immigration Studies
Stephen A. Edson, Principal, SAEdson, LLC
Johnny Young, Ambassador, U.S. Conference of Catholic Bishops

04/14/2011: Text of Testimonies of Witnesses at Yesterday's House Immigration Subcommittee H-2A Program Hearing

Judiciary Chairman Lamar Smith
Jane Oates, Assistant Secretary for ETA, USDOL
Leon R. Sequeira, Of Counsel, Seyfarth Shaw LLP
Lee Wicker, Deputy Director, North Carolina Growers Association
Bruce Goldstein, President, Farmworker Justice

04/13/2011: U.S. Court of Appeals for the Ninth Circuit Upheld a Preliminary Injunction Against the Key Provisions of Arizona’s Recently Enacted Anti Immigration Law, SB 1070.

• By the federal court of appeal's injunction, this core provisions of the anti-immigration have been crippled. Read AIC report.

04/13/2011: OFLC Notice of Application of New Prevailing Wage Methodology in H-2B Program

• OFLC will publish a notice tomorrow that effective notice, the OFLC will require all employers who apply for an H-2B labor certification (or on whose behalf an H-2B labor certification is filed) to agree, as a condition of receiving the H-2B labor certification, to pay the prevailing wage rate in effect for the period of work encompassed by their application. Since the wages resulting from the Wage Final Rule’s methodology will be different from the wages under the current methodology, this may result in two wage rates being applicable to a single application. Because many employers will apply for H-2B workers for periods of up to 10 months, applications covering work to be performed both before and after January 1, 2012, could now begin to be filed. Therefore, to ensure that an employer agrees to pay the prevailing wage rate in effect for the period of work encompassed by their application, the Department has received approval of a revised ETA 9142 (Appendix B.1), the Application for Temporary Employment Certification, which the employer must sign and submit with its filed Application signifying its agreement to the condition above. The revised form follows this Notice. As of the effective date of this Notice, the Department will require this amended ETA 9142, Appendix B.1, to be submitted with an Application for Temporary Employment Certification in order to ensure the employer attests to these wage obligations. Where the employer fails to submit the signed correct Appendix B.1 and/or where necessary, the National Processing Center will send the employer a Request for Information requesting the submission of the revised Appendix. Please read the advance copy of the notice.

04/13/2011: OFLC Requirement for Notification by Employers for Worker Abandonment, or Termination for Cause for H-2A Temporary Agricultural Labor Certifications

• OFLC will publish a notice tomorrow that an employer will not be responsible for transportation and subsistence expenses and/or the three-fourths guarantee related to such an H-2A worker or worker in corresponding employment, where the H-2A worker or worker in corresponding employment abandons employment or is terminated for cause before the end date of the contract period, as specified in the Application for Temporary Employment Certification, if the employer notifies OFLC’s National Processing Center (NPC) (and the Department of Homeland Security (DHS) in the case of an H-2A worker) of such abandonment or termination. For details of notification process, please read the full text.

04/12/2011: USCIS Record of Approvals and Denials of EB-11 (Extraordinary Worker) and EB-12 (Outstanding Researcher/Professor) I-140 Petitions

• This statistics reflect that EB-11 and EB-12 approval rates had been higher than 50% in general from FY 2005 through FY 2010. The approval numbers have steadily increased more or less. Read on.

04/12/2011: Importance of Forthcoming Release of EB-485 Inventory Statistics in April 2011 Relating to Use of 12,000 EB-2 Spill-Over Numbers

• There was an informal analysis of the EB-2 inventory by an immigration attorney, Jay Solomon. According to his analysis, there are approximately 17,400 EB-2 cases that have either been filed and expected to be filed and most of these cases are assumedly filed during the July 2007 Visa Bulletin fiasco period, out of the which about 13,200 numbers were filed by Indian nationals according to his report. If this analysis is correct, those who will use the spill-over EB-2 visa numbers within this fiscal year are those with priority dates of 2006 and not beyond. Additionally, the analysis also shows that approximately 75% of the spill-over numbers may be used by the Indian EB-2s. Should the foregoing information is correct, the EB-2 visa numbers for India and China may not move beyond 2006 within this fiscal year which ends on September 30, 2011, four months from May 2011 Visa Bulletin. Very discouraging data, indeed.
• The soon-to-be released April 2011 EB-485 inventory statistics are important in that the data will show a clear picture of the future for these agonizing Indian EB-2 professionals. Please stay tuned.

04/12/2011: House Immigration Subcommittee Hearing on "The H-2A Visa Program: Meeting the Growing Needs of American Agriculture?" Scheduled on 04/13/2011

• The hearing is scheduled at 10:00 a.m. EST. Agricultural industry appears to face the certain types of workforce shortage. Farm industry has been rapidly growing lately affecting food prices. Interesting and ironic topic under the political landscape strongly opposing Comprehensive Immigration Reform. Those who are interested in watching the hearing may visit the subcommittee site.

04/11/2011: H-2B Cap Count Update

• First Half Period: (as of 04/01/2011)
  • Approval: 40,262
  • Pending: 0.0
  • Total: 40,262
• Second Half Period: (as of 04/08/2011)
  • Approval: 20,921
  • Pending: 3,003
  • Total: 23,366

04/11/2011: USCIS Releases Questions and Answers at USCIS-American Immigration Lawyers Association (AILA) Meeting, April 7, 2011

• This Q&A updates and answers a lot of issues that need the attention for the employment-based foreign workers and their employers. Additionally, the meeting also touched other important issues including eligibility of a Visa Waiver Program who failed to file the family-based green card within 90 days from the date of entry. Readers are advised to read this Q&A! We thank the USCIS for making this important material to the general public, which would otherwise have been not accessible.

04/11/2011: Any Guess as to How Much USCIS Can Generate Revenue from Premium Processing Services Fees?

• According to the USCIS notice to revise the form I-907, the estimate number of use of this application is approximately 100,000. Multiflying by $1,225 fee may come to $122,500,000. Wow! Isn't that something? See the form revision notice for comment.

04/08/2011 [12:00 p.m.]: Federal Government Shut-Down Aberted by Congress Passing One-Week Contiuing Resolution to Fund Federal Government Literally at the Last Minute Midnight

• The Congress passed the CR midnight today and the President timely signed this bill to abert the shut-down of the federal government at least for a week.
• Had the Congress failed to pass the CR, the employers for foreign workers could not have filed any foreign labor certification applications, both temporary and permanent applications, including LCA for H-1B petitions! In fact, the OFLC PERM and iCERT were shut down at midnight with the following message: "The Perm system is currently unavailable:This website is currently not being updated due to the suspension of Federal government services. The last update to the site was April 9th, 2011. Updates to the site will start again when the Federal government resumes operations." Since the shut-down has been aberted, the OFLC online filing sites are expected to be restored sooner or later.
  

04/08/2011: FY-2012 H-1B Cap Count as of 04/07/2011

• Regular cap: 5,900 (out of total cap of 65,000)
• Master cap: 4,500 (out of total cap of 20,000)
• Hmm--------------------------- Another snail pace!

04/08/2011: May 2011 Visa Bulletin

• This month, it did not move forward as fast as one expected for India. However, the following is the State Department predictions:
  • Family-sponsored: The extremely high level of demand during the first few months of FY-2011 resulted in the retrogression of most worldwide cut-off dates in January or February. While most of these cut-offs have begun to advance slowly, heavy demand in the Family First preference has caused a further retrogression for May. At this time it is not possible to predict the rate of forward movement, but some movement is anticipated in most categories for the remainder of the fiscal year.
  • Employment-based: At this time the amount of demand being received in the Employment First preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category will remain “Current” for all countries. It also appears unlikely that a Second preference cut-off date will be imposed for any countries other than China and India, where demand is extremely high. Based on current indications of demand, the best case scenarios for cut-off date movement each month during the coming months are as follows:
  • Employment Second: Demand by applicants who are “upgrading” their status from Employment Third to Employment Second preference is very high, but the exact amount is not known. Such “upgrades” are in addition to the known demand already reported, and make it very difficult to predict ultimate demand based on forward movement of the China and India cut-off dates. While thousands of “otherwise unused” numbers will be available for potential use without regard to the China and India Employment Second preference per-country annual limits, it is not known how the “upgrades” will ultimately impact the cut-offs for those two countries. (The allocation of “otherwise unused” numbers is discussed below.)
    • China: none to three weeks expected through July. No August or September estimate is possible at this time.
    • India: One or more weeks, possibly followed by additional movement if demand remains stable. No August or September estimate is possible at this time.
  • Employment Third:
    • Worldwide: three to six weeks
    • China: one to three weeks
    • India: none to two weeks
    • Mexico: although continued forward movement is expected, no specific projections are possible at this time.
    • Philippines: three to six weeks
  • Please be advised that the above ranges are estimates based upon the current demand patterns, and are subject to fluctuations during the coming months. The cut-off dates for upcoming months cannot be guaranteed, and no assumptions should be made until the formal dates are announced.
  • Allocation of “otherwise unused” numbers in accordance with Immigration and Nationality Act (INA) Section 202(a)(5)
    • INA Section 202(a)(5) provides that if total demand in a calendar quarter will be insufficient to use all available numbers in an Employment preference, then the unused numbers may be made available without regard to the annual per-country limits. Based on current levels of demand, there will be otherwise unused numbers in the Employment First and Second preferences. Such numbers may be allocated without regard to per-country limits, once a country has reached its preference annual limit. Since under INA Section 203(e) such numbers must be provided strictly in priority date order regardless of chargeability, greater number use by one country would indicate greater demand by applicants from that country with earlier priority dates. Based on amount and priority dates of pending demand and year-to-date number use, a different cut-off date could be applied to each oversubscribed country, for the purpose of assuring that the maximum amount of available numbers will be used. Note that a cut-off date imposed to control the use of “otherwise unused” numbers could be earlier than the cut-off date established to control number use under a quarterly or per-country annual limit. For example, at present the India Employment Second preference cut-off date governs the use of numbers under Section 202(a)(5), India having reached its Employment Second annual limit; the China Employment Second preference cut-off date governs number use under the quarterly limit, since China has not yet reached its Employment Second annual limit.
    • The rate of number use under Section 202(a)(5) is continually monitored to determine whether subsequent adjustments are needed in visa availability for the oversubscribed countries. This helps assure that all available Employment preference numbers will be used, while insuring that numbers also remain available for applicants from all other countries that have not yet reached their per-country limit.
    • As mentioned earlier, the number of applicants who may be “upgrading” their status from Employment Third to Employment Second preference is unknown. As a result, the cut-off date which governs use of Section 202(a)(5) numbers has been advanced more rapidly than normal, in an attempt to ascertain the amount of “upgrade” demand in the pipeline while at the same time administering use of the available numbers. This action risks a surge in demand that could adversely impact the cut-off date later in the fiscal year. However, it also limits the possibility that potential demand would not materialize and the annual limit would not be reached due to lack of cut-off date movement.
• We thank Mr. Oppenheim for releasing the May 2011 Visa Bulletin today facing potential shut-down of federal government tonight.

04/07/2011: USCIS Q&A Dated 04/07/2011 on Determination of "Same or Similar" Occupational Classification for Change of Employment Pending I-485

• This Q&A says currently USCIS considering "totality circumstances" including (1) the job duties of both positions, ( 2) the SOC code from the Immigrant Petition for Alien Worker (Form I-140) and the appropriate SOC code for the new position, and (3) the wages associated with each position. This Q&A suggests that one factor alone of the foregoing factos does not dictate the adjudicator to determine "same or similar" occupational classification. This standard on the surface gives the impression of "inclusive" approach of the agency, but its drawback is ambiguity, potentially more confusing than Yates or Aytes AC-21 memorandum. Read on.

04/07/2011: Loud Noise of "No Deal, No Deal" in the Hill, Potential Federal Government Shut-Down, and Potential Incalceration of May 2011 Visa Bulletin Release

• As time goes by with the dead-lock budget negotion, the federal government shut-down is becoming more real rather than a fiction. In the immigration arena, there are a huge Indian high-level professionals who are awaiting desperately the release of May 2011 Visa Bulletin because of the news that 12,000 spill-down number will be availabe and be used to change the available visa numbers for EB-2, particularly Indians. Imagine the pains to these professionals if the federal government fails to reach agreement before the end of the day tomorrow and visa number release will be locked in the store. Dear Sir, Mr. Oppenheim, please release the May Visa Bulletin as soon as possible, certainly before the sun goes down tomorrow.

04/06/2011: USCIS Issues Final Policy Memorandum on Single Advance Parole EAD Document Issuance

• This memorandum revises the agency's Adjudicators' Field Manual as to how they should adjudicate in all different circumstances. The EB-485 may want to read and familiarize themselves with details of the new procedure.

04/06/2011: OFLC Releases FAQ for H-2B Temporary Labor Certification as Affected by a Federal Court Decision

• April 5, 2011. H-2B FAQs: Job Contractors Filing Requirements.
  The Department has posted new "Frequently Asked Questions" (FAQs) to assist job contractor employers and their clients with applying for H-2B labor certifications following the U.S. District Court for the Eastern District of Pennsylvania decision in CATA v. Solis, et al., Civil No. 2:09-cv-240-LP, 2010 WL 3431761 (2010). The new H-2B FAQs are available here on the FAQs page of the OFLC website under the H-2B heading. The FAQs are dated and posted under the Job Contractors subheading.

04/05/2011: USCIS Q&A on F-1 OPT Extension Under H-1B Cap Gap Regulation

• For the cap-gap automatic extension, the H-1B cap petition must request a change of status to H-1B on October 1 to qualify for a cap-gap extension. Notes: (1) Although the first business day of October 2011 is Monday, October 3, eligible F-1 students must make sure to request Saturday, October 1, as their start date of H-1B in order to qualify for cap-gap extension. (2) H-1B petition must request for change of status from F-1 to H-1B within the United States rather than for consular processing. (3) If change of status is denied due to the discovery of a status violation, such F-1 is not eligible for the automatic cap-gap extension of status or the 60-day grace period. Similarly, the 60-day grace period and automatic cap-gap extension of status would not apply to the case of a student whose petition was revoked based on a finding of fraud or misrepresentation discovered following approval. In both of these instances, the student would be required to leave the United States immediately. (4) If F-1 in cap-gap extension travels outside the United States during the cap-gap extension period, he/she will not be able to return in F-1 status. The student will need to apply for an H-1B visa at a consular post abroad prior to returning. As the H-1B petition is for an October 1 start date, the student should be prepared to adjust his or her travel plans accordingly.
• Read the entire text of the Q&A for additional questions. For the STEM OPT extension, please read the STEP OPT extension rule.

04/05/2011: USCIS Updates Immigration and Naturalization Applications Processing Monthly Statistics at the End of February 2011

• Immigrant and nonimmigrant applications
• Naturalization applications
• Trends of immigration & naturalization application processing statistics since February 2009

04/05/2011: USCIS Memorandum Implementing the Help Haiti Act of 2010

04/05/2011: Senator Chuck Grassley of Iowa Reportedly Launches Attacks Against H-1B and L-1 Visa Programs Again

• H-1B program
• L-1 program

03/31/2011: USCIS Releases H-1B FY 2012 Cap Season

• This release gives the detailed guidance for FY 2012 H-1B cap filing.

03/31/2011: TARP Funded Employers Free from Restrictions for FY 2012 H-1B Cap Filing

• As we reported quite earlier in February 2011, the law just expired in February 16, 2011 and since then the TARP-funded employers have been free to file H-1B cap petitions for the new H-1B employees without the nasty no displacement of U.S. workers attestation and recruitment attestation, which had been applied only to certain H-1B Dependent Employers. It is interesting to watch how this will affect the FY 2012 H-1B cap number exhaustion by these large employers, particularly financial institutions. During the period of the restrictions for two years, these employers had to rely heavily on consulting companies to fill the void created by the law.
• Now, USCIS has officially announced that employers who received funds through the Troubled Asset Relief Program or under section 13 of the Federal Reserve Act (“covered funding”) are no longer required to answer Question 1d in Part A of the H-1B Data Collection and Filing Fee Exemption Supplement.The Employ American Workers Act (EAWA) had mandated additional requirements on H-1B petitioners who received covered funding. These requirements ended on February 16, 2011. The additional requirements under EAWA no longer apply to any H-1B petition requesting an employment start date of February 17, 2011, or later. Read on.

03/31/2011: Start of FY 2012 H-1B Cap Filing Season on 04/01/2011 and One Rule H-1B Employers Should Keep in Mind on Cap Count for Their Peace of Mind

• There is a lot of wild speculation on potential reach of the cap number on the first date of April 1, 2011. Without doubt, many employers may ship out the new cap petitions today via overnight delivery services so that they have a peace of mind that their petitions are considered filed.
• Not so fast! One time, when the agency received more than cap numbers on the first date, they run the computer lottery for the petitions which were received on the next date, April 2. However, this rule was changed in 2008. The current rule provides that "If the final receipt date is any of the first five business days on which petitions subject to the applicable numerical limit may be received (i.e., if the numerical limit is reached on any one of the first five business days that filings can be made), USCIS will randomly apply all of the numbers among the petitions received on any of those five business days, conducting the random selection among the petitions subject to the exemption under section 214(g)(5)(C) of the Act first." Section 214(g)(5)(C) means so-called U.S. Master Cap cases of 20,000. The plain language of this rule is that if agency receives more than 85,000 (65,000 regular cap + 20,000 U.S. master cap) on April 1 or any of the day within April 7, all the cases which are received within the seven (7) days will have to go through computer random selection process, starting from the U.S. Master Degree holder cases. There is no preference for those cases which are received on April 1 under the current rule. The regulation sets the "first 5 business days," which mean first seven days including Saturday and Sunday. This season, April 1 falls on Friday and the first 5 business days will not reach until April 7, 2011. See 8 CFR 214.2(h)(8)(ii)(B). Hew........................................!

03/29/2011: USCIS Naturalization Engagement Sessions for Spanish-Speaking Immigrants 04/30/2011

• People can participate in the sessions in different cities by telephone. Check it out!

03/29/2011: House Immigration Subcommitte H-1B Program Hearing on 03/31/2011, Thursday

• House Immigration Subcommittee is scheduling a hearing on 03/31/2011 at 10:00 a.m. on ``H-1B Visas: Designing a Program to Meet the Needs of the U.S. Economy and U.S. Workers.'' No details are available at this time. We will post the list of witnesses and text of testimonies as soon as they become available. The list of witnesses who will testify before the Subcommittee are as follows:
  • Chairman Lamar Smith
  • Donald Neufeld, Associate Director of Service Center Operations< USCIS
  • Bo Cooper, Partner, Berry Appleman & Leiden LLP
  • Ron Hira, Ph.D, Associate Professor of Public Policy, Rochester Institute of Technology
  • Bruce A. Morrison, Chairman, Morrison Public Affairs Group
• Interesting hearing on the employment-based immigration. Read on.