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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12/31/2012: Senate Reached Fiscal Cliff Deal by Both Parties

• Report indicates that in the late evening today, the Republicans and Democrats reached a deal on fiscal cliff, but it is open question whether the House will pass it before midnight today. There are also no details reports are available about other bills the Senate passed today by unainimous consents. Please stay tuned.

12/29/2012: Provisional Unlawful Presence Waiver Final Rule Failed to Make it Within 2012

• This final rule that will involve about estimated 90,000 applicants once it is implemented will fail to be published within the year 2012, probably in a matter of a few days. It is no big deal, though, since it is likely to be published in the next few days after January 1, 2013. Enjoy 'auld lang syne' lyrics. Please do not drop tears. Life will go on. This reporter is constantly dropping tears and in runny nose now, not because he is sad but because of that devil named 'seasonal flu.'

12/29/2012: Extneded Lame Duck 112th Congress Through 01/02/2013 and Anticipated Massive Passage of Pending Bills by Unanimous Consent Next Three Days

• This Congress will return for a session at 02:00 pm of December 30, 2012 to tackle the fiscal cliff legislation. The stakes are high not only for the fiscal cliff legislation, but also hundreds of pending bills which will die unless they are taken care of by unanimuous consent. Just as the North Korean Children Adoption Act, it is likely that there are a large number of other bills that will be taken care of next three days in the form of unanimous consent. What these bills will be? They should be non-controversial bills. Controversial bills will have no chance at all to make it

12/29/2012: Senate Passed H.R. 1464 by Unanimous Consent Yesterday on North Korean Refugree Adoption Act of 2011

• This bill was introduced last year with 55 co-sponsors and passed the House without any amendments. Yesterday, the Senate passed this bill with one minor amendment. This bill directs the U.S. Department of State do advocate for the best interests of the North Korean children or children of one North Korean parent who are living outside of North Korea may face statelessness in neighboring countries, including, when possible, facilitating immediate protection for those living outside North Korea through family reunification or, if appropriate and eligible in individual cases, domestic or international adoption. The bill directs the Secretary of State to:
  • consider the challenges that U.S. citizens would encounter in adopting children from North Korea who are living in Hague countries and non-Hague countries regardless of their legal status;
  • propose solutions to dealing with the situation in which a North Korean refugee child does not have access to a competent authority in the foreign-sending country;
  • propose solutions to dealing with North Korean refugee children who are not considered habitual residents of the countries in which they are located;
  • evaluate alternative mechanisms for foreign-sending countries to prove that North Korean refugee children are orphans when documentation is missing or destroyed;
  • provide suggestions for working with South Korea to establish programs that identify, provide for the immediate care of, assist in the family reunification of, and assist in the international adoption of orphaned North Korean children in South Korea;
  • provide suggestions for working with international adoption agencies and aid organizations in Asia to establish programs for the identification, immediate care, family reunification, and international adoption of North Korean orphans living outside North Korea;
  • identify other nations in which large numbers of stateless, orphaned children are living who might be helped by international adoption; and
  • propose solutions for assisting orphaned children with Chinese fathers and North Korean mothers who are living in China and have no access to Chinese or North Korean resources.
• Considering the national strategic issues involved, this bill is likely to pass in the House before January 2, 2013. The 112th Congress will remain open until January 2, 2013, and the new 113th Congress will open on January 3, 2012.

12/29/2012: USCIS Memorandum 12/20/2012 on Operational Guidance for EB-5 Cases Involving Tenant-Occupancy

• In this type of Regional Center cases, the USCIS required evidence that the projected jobs attributable to prospective tenants (which would occupy the commercial space created by the EB-5 capital) would represent newly created jobs, and not jobs that the tenant had merely relocated from another location. This determination is necessary to assess whether there is a reasonable causal link between the EB-5 enterprise and the job creation that would allow for the attribution of the tenant jobs to the EB-5 enterprise. In regional center cases that rely on tenant occupancy models, as in any other regional center cases, USCIS requires evidence that the claimed jobs result, directly or indirectly, from the economic activity of the EB-5 commercial enterprise. Jobs that are merely re-located rather than created do not count. With respect to indirect job creation, the task for the applicants and petitioners is to project the number of newly created jobs that would not have been created but for the economic activity of the EB-5 commercial enterprise. In making that projection, they are to use economically and statistically valid forecasting tools. In the cases of creation of indirect tenannt jobs, USCIS will generally require an evaluation of the verifiable detail provided and the overall reasonableness of the methodology as presented. To claim credit for tenant jobs, applicants and petitioners may present evidence backed by reasonable methods that map a specific amount of direct, imputed, or subsidized investment to such new jobs. However, for applicants and petitioners that instead seek to utilize a facilitation-based approach, USCIS will not require an equity or direct financial connection between the EB-5 capital investment and the employees of prospective tenants. Rather, facilitation-based tenant job credit will depend on the extent to which applicants or petitioners can demonstrate that the economic benefits provided by a specific space project will remove a significant market-based constraint. One way applicants and petitioners can make this showing is to indicate how a specific space project will correct market imperfections and generate net new labor demand and income that will result in a specified prospective number of tenant jobs that will locate in that space. In high unemployment areas in which new projects are not likely to significantly displace other income or labor, applicants and petitioners should generally indicate how a specific project will fill an existing investment void in that area to generate new demand for the tenant business. Prospective tenant jobs demonstrated by reasonable methods and supported by verifiable evidence pursuant to the above approaches may be used as direct inputs into appropriate regional growth models to generate the number of indirect and induced jobs that result from the credited tenant jobs.
• The foregoing policies will be implemented as follows: Where applications for regional centers are approved based on their use of tenant-occupancy projections, the approval notices should contain appropriate language regarding the assumptions underlying the approval, which if not borne out may impact related adjudications at the I-526 or I-829 stages.1 For example, a Form I-924 with I-526 exemplar may be approved where no specific tenant has been identified to occupy space but where the applicant or petitioner reasonably projects that a restaurant will eventually lease the premises.2 If, after approval of the I-924, the space is leased to a different type of tenant (i.e., a type of restaurant that yields different expected employment or a non-restaurant), or fails to achieve previously projected occupancy rates, such a change alone will not generally constitute a material change that triggers the elimination of deference in an actual Form I-526 or negates any possibility of individual investors removing their conditions at the Form I-829 stage. However, while such modified tenancy arrangement(s) may be permissible under EB-5 program rules, they could nevertheless impact the project’s ultimate job creation numbers. Therefore, the approval notice should caution that the approved job creation estimates are based on a restaurant occupying that space, and that if no tenant or a different type of tenant eventually occupies the space, the economic impact analysis and ultimate job creation numbers will be revisited in future adjudications that relate to that project.

12/27/2012: Opening of Boquillas Border Crossing in Southern Border Effective 01/30/2013

• The Boquillas border crossing will service only pedestrians visiting Big Bend National Park and Mexican Protected Areas – not import business. Therefore, CBP will not process cargo, commercial entries, or vehicles at Boquillas. Persons using the Boquillas border crossing will only be permitted to bring limited merchandise into the United States; CBP will only process items exempt from duties and taxes under 19 CFR 10.151. This provision generally covers importations that do not exceed $200 in value. For the details of this final rule of the USCBP which will be published tomorrow in the federal register, please click here.

12/27/2012: Haitian TPS Re-Registration Deadline Extended to 01/29/2013 as Affected by Sandy Hurricane

• The DHS will publish tomorrow that the re-registration deadline for Haitian TPS will be extended to January 29, 2013. For the full text of notice which will be published in the federal register tomorrow, please click here.
• Please also read the USCIS announcement.

12/27/2012: Likely End of Chapter for Russian Children Adoptions by U.S. Citizen Families

• New York Times reports today that Russia is about to adopt a law banning adoption of Russian children by U.S. citizens effective immediately upon signature by the Russian President. This is a sad chapter for Russian children adoption and immigration to the U.S. who are caught in the growing political tension between the United States and Russia.

12/26/2012: In Depth Study of STEM Foreign Nationals in the U.S. and Their Immigration

• A CRS report shows that the number of full-time STEM graduate students increased from 91,150 in 1990 to 148,923 in 2009, taking approximately 32.7% of StEM graduate students. The statistics reflect, according to the report, that graduate enrollments in engineering fields have exhibited the most growth of the STEM fields in recent years. About 40,000 graduate degrees were awarded to foreign STEM students in 2009, with 10,000 of those going to Ph.D. recipients. In FY2010, almost 91,000 H-1B workers were employed in computer-related occupations, taking up 47% of all H-1B beneficiaries. The study also reports that in total, foreign nationals reporting STEM occupations made up 44% of all of the 676,642 LPRs who were employment-based principal immigrants during the decade of FY2000- FY2009 and of all of the LPRs reporting STEM occupations (297,668) over this decade, 52%
  entered as professional and skilled workers. STEM graduates seeking LPR status are likely to wait in line to obtain LPR status. Please read this in-depth report and analysis of STEM foreigners in the U.S., including their backgrounds.

12/26/2012: Weather Related USCIS Office Closing Notices

• The following offices are closed today, 12/26/2012 due to inclement weather or facilities issues. If an office is closed, USCIS will reschedule all appointments until a time when it is safe to resume operations.
• Offices Closed Today:
  • New Orleans, LA Field Office Closed due to inclement weather.
  • Ft. Smith, AR Field Office Closed due to inclement weather.
  • Arkansas - Ft. Smith Application Support Center Closed due to inclement weather.
  • All applicants will be rescheduled to the next available appointment date. However, walk-ins will be processed on a case-by-case basis.
• Indiana Scheduled Office Closings:
  • Indianapolis, IN Field Office
  • Indiana - Indianapolis Application Support Center
  • The Indianapolis Field Office and Application Support Center will be closing at 12 noon on December 26, 2012 due to inclement weather. All applicants will be rescheduled to the next available appointment date. However, walk-ins will be processed on a case-by-case basis.

12/26/2012: USCIS Responses of 10/26/2012 to Ombudsman's Recommendations of 2011

• The Omudsman issued a variety of recommendations to the USCIS covering employment-based, family-based issues, RFE practices, transformation program, etc. This response report gives some clues as to where the USCIS stands on the issues. For instance, this report indicates that while RFE templates for H nonimmigrants have not yet been posted, USCIS Headquarters has worked with the Service Centers on the RFEs for this classification. For example, when the January 2010 H-lB employer-employee relationship policy memorandum was issued, USCIS Headquarters personnel conducted related training at the Service Centers. SCOPS worked with the Service Centers to create RFE templates that addressed the issues covered in the memorandum and required provisional 100-percent supervisory review of RFEs. SCOPS regularly conducts roundtables with the ServiceCenters to discuss issues within these classifications to ensure consistency and to determine where USCIS may need additional training and materials. Read on.
• The RFE templates have added one benefit and one drawback to the agency practices. The plus side of such templates includes assurance of "uniformity" and "fairness" among different employers and different immigrants in different locations dealing with different offices as well as those in the same locations whose cases are handled by different adjudicators. The minus side of such templates is potential abuse of such templates by adjudicators issuing boiler-plate RFEs ignoring differences in circumstances and facts which are involved in each specific case. The drawback side of this practice has produced, from time to time, even 10-page RFEs mostly reciting parts of provisions in the regulations regardless of relevance to the specific case and requesting certain evidence across the boards. This is so-called "bureaucratic" fall-out aspect of the RFE templates. Again, assurance of "unifornity" in adjudication standards is very important to achieve fairness and justice for all the customers requesting services with the same facts regardless of different locations and different adjudicators involved. In this regards, this RFE Template initiatives of the current USCIS Director is revolutionary and admirable in that until he launched this initiative, lack of fairness and justice in immigration adjudcations for consumers in different locations had been an ailing problem with the agency. Such pains were also shared even in the same jurisdiction depending on which officer handles their cases. In order to achieve the intended goals, though, the USCIS leaderships should just have to move one step further to work out solutions to minimize the drawback aspect of the RFE Template policy such that the consumers are relieved from receiving, from time to time, requests which are neither relevant nor necessary such that the agency achieves savings of tax payers money by not wasting papers and times to produce such papers and achieving efficiency and effectiveness in management of immigration services function.

12/26/2012: USICE New Detainer Policy Memorandum of 12/21/2012 Focusing on Prosecutorial Discretion Guidelines and High Risk Offenses

• Under this new detainer policies, those aliens who have committed a very low risk misdemeanor offense will no longer be detained by law enforcement authorities, extending the prosecutorial discretion guidances to the area of detainers. For the details, please read the new detainer memorandum of ICE and news report.

12/25/2012: USCIS I-140 Processing Statistics as at 10/31/2012

12/25/2012: USCIS EB-I-485 Processing Statistics as at 10/31/2012

12/24/2012: Why Should Employment-Based Immigration Reform Remain in Shadow & Back Seat of Comprehensive Immigration Reform Talks?

• Over the years, the public has been misled by media and political leaders that comprehensive immigration reform means(?) to determine a national policy on legalization of suffering undocumented immigrants. For the reasons, such misconception has led to anti-immigration forces and ultra right wing conservatives to misrepresent the terms of comprehensive immigration reform as so called amnesty. After the national election, reportedly a number of political leaders are talking and even working behind the door on immigration reform. What should be the starting point for all of these talks and move? The foremost important point is to correct the image and meaning of comprehensive immigration reform. Without doubt, legalization of undocumented immigrants and southern border security issues are important parts of the immigration reforms. However, "comprehensive" means literally what it should mean: To "overhaul" current immigration system with a vision of the nation for centuries to come. Accordingly, the leaders must first talk and agree to the vision and kind of the nation which they want to see for the future of this nation for centuries to come. Such vision should guide them to look at all the important issues in a balanced way and beyond certain ailing issues of the time that add a political pressure.
• Whether we like it or not, the world has been growingly shaped by technologies, transforming every aspect of the lives of individuals and the societies. We are in a century of technologies and for the good or the worse, the journey of human society is likely to continue deeper and deeper in that direction. Do our leaders have a vision for the world and the nation? They may have a rough idea as to what kind of society we will be in the future, but they may remain behind in participating in the nation's policy making process with such a vision in mind. Obviously, there was a serious flaw in this nation's education system which failed to focus on technologies. Albeit belatedly, it is a welcome news that the Congress and the White House have been working on this issue to reform education system and polities. Reform of education system takes not just years but decades. Pending such education reform, the nation needs continuing march to keep up with the changing world and technologies. Realizing the problem, the political leaders started talking about legislatiions to address STEM immigration and higher skilled foreign worker immigration to add desperately needed fresh blood into the nation. Unfortunately, such talk and action have failed to educate the public with its importance for the nation's future and as a small issue for nation's policy making. How wrong and misdirected they are!! From the perspectives and vision of the nation for decades and centuries to come, this employment-based immigration policy could be more important and frontal issue and focus for comprehensive immigration reform. Conservative Republicans are narrow-minded and desist to an idea of adjustment of higher skilled foreign worker immigrants, while progressive Democrats only see the interests of the current labor forces of the nation. For the nation to address comprehensive immigration reform, the leaders must pay a proper attention to the employment-based immigration reform at least at equal level with legalization and border security issues. There was a news report that Rep. Luis Gutierrez and Sen. Marco Rubio had been talking about immigration reform behind the scene. This reporter wonders how much attention they are giving to this critical issue for the future of this nation in their talks other than legalization and border security issues. Employment-based immigration reform is not and should not be a back-seat issue of immigration reform. It should rather be a leading issue for the immigration reform to overhaul the immigration system. Political balance should be considered within this broad frame of policy making.

12/23/2012: ICE Proposes to Expand School DSO Numbers and F-2/M-2 Education Participation Opportunities

• ICE requested its a proposed rule for OMB approval which includes a proposed (1) to provide flexibility to schools in determining the number of designated school officials (DSOs) to nominate for the oversight of the school's campuses where international students are enrolled. Current regulation limits the number of DSOs to 10 per school, or 10 per campus in a multi-campus school, and a proposal (2) to permit F-2 and M-2 spouses and children accompanying academic and vocational nonimmigrant students with F-1 or M-1 nonimmigrant status to enroll in study at an SEVP-certified school so long as any study remains less than a full course of study. Please stay tuned to this website for development of this rule-making process.

12/23/2012: ICE Under Consideration of a Proposal to Expand STEM 17-Month OPT Eligibility

• ICE is considering a proposal to enable F-1 nonimmigrant students on post-completion optional practical training (OPT) to qualify for the 17-month extension based on either (1) a prior STEM (science, technology, engineering, or mathematics) degree or (2) the most recent degree granted if in a STEM field. This change can be proposed as early as early next year. Please stay tuned.

12/23/2012: Background of H-4 EAD Limiting to Permanent Residence Seeking H-1B Alien Spouses in the Proposed Rule

• Background is explained as follows: An alternative considered by DHS was to permit employer authorization for all H-4 dependent spouses. In enacting AC21, Congress was especially concerned with avoiding the disruption to U.S. businesses caused by the required departure of H-1B workers (for whom the businesses intended to file employment-based immigrant visa petitions) upon the expiration of workers' maximum six-year period of authorized stay. Although the inability of an H-4 spouse to work may cause an H-1B worker to consider departing from the United States prior to his or her eligibility for an H-1B extension. This alternative was rejected in favor of the proposed process to limit employment authorization to the smaller sub-class of H-4 nonimmigrants who intend to remain in the United States permanently and who have been granted an extension of H status under the provisions of AC21.

12/22/2012: OMB Approved Final Rule of "Provisional Unlawful Presence Waivers" of Inadmissibility for Certain Immediate Relatives

• Hooray! Immigrant community indieed got a huge Christmas gift. The OMB approved on 12/21/2012 this final rule which is a long awaited rule in the immigration community. Since the final rule has been cleared by the OMB, this rule is likely to be published in the federal register and implemented shortly.

12/22/2012: White House OMB Approved Haiti TPS Designation Rule

• This rule was approved on 12/21/2012 and it is expected that the USCIS will publish this rule in the federal register soon to implement extension of TPS and employment authorization for certain qualified nationals of Haiti. Congrats to the Haiti nationals who are present in the U.S.

12/22/2012: White House OMB approved on 12/21/2012 the Southern Border Mexico Boquillas Border Crossing Final Rule

• This final rule was approved 12/21/2012 and will be published and implemented soon. This final rule will create a new border crossing in the Big Bend National Park called Boquillas. It will be established as a Class B port of entry for immigration purposes and as a Customs station for customs purposes, under the supervision of the El Paso port of entry. CBP and the National Park service plan to partner on the construction of a joint use facility in the Big Bend National Park which will provide facility requirements to operate a border crossing. On May 19, 2010, President Obama and Mexican President Calderon issued a joint statement recognizing that the Big Bend National Park in the United States and the Protected Areas of Maderas del Carmen, Canon de Santa Elena, Ocampo, and Rio Bravo del Norte in Mexico together comprise one of the largest and most significant ecological complexes in North America. The opening of the Boquillas crossing would help establish the Big Bend-Rio Bravo region as a natural area of binational interest. The opening of the Boquillas crossing is also expected to encourage more travel and tourism in the area.

12/22/2012: USCIS Under Consideration a Plan to Enhance Opportunities for High-Skilled H-1B1 and E-3 Nonimmigrants and EB-1 Immigrants

• USCIS is under consideration to propose certain benefits affecting high-skilled workers within the nonimmigrant classifications for specialty occupation professionals from Chile and Singapore (H-1B1) and from Australia (E-3), and the immigration classification for employment-based first preference (EB-1) outstanding professors or researchers, to harmonize the regulations for E-3 and H-1B1 nonimmigrant classifications with existing regulations for other, similarly situated nonimmigrant classifications and to encourage and facilitate the employment and retention of these high-skilled workers.
• For EB-1, it is considering to address that the evidentiary requirements for the EB-1 outstanding professor and researcher employment-based immigrant classification would allow for the submission of comparable evidence (achievements not listed in the criteria such as important patents or prestigious, peer-reviewed funding grants) for that listed in 8 CFR 204.5(i)(3)(i)(A)–(F) to establish that the EB-1 professor or researcher is recognized internationally as outstanding in his or her academic field. This proposal is likely to harmonize the evidentiary requirements for EB-1 outstanding professors and researchers with other comparable employment-based immigrant classifications and ease petitioners' recruitment of these highly skilled individuals by expanding the range of evidence that may be adduced to support their petitions.

12/21/2012: National Visa Center FB and EB Immigrant Visa Waiting List as of 11/01/2012

12/21/2012: Presdient Executive Order-- Closing of Federal Executive Departments and Agencies on Monday, December 24, 2012

• Monday, 12/24/2012, Christmas Eve, will be a federal holiday this year by this executive order. Enjoy the extra holiday!

12/21/2012: Where is the Beef?

• The country and political leaders are completely occupied with the fiscal cliff and gun control issues. Under the circumstances, the hot rod of immigration reform shows a sign of cooling down. Should this process continue, the country may lose a momentum to hit the hot rod of immigration reform timely. Just as seen in the fiscal cliff negotiation that reveals the resurfacing and creeping force of ultra conservice forces within the Republican party leading to the collapse of so called 'Plan B' yesterday, there is also a sign that the Republicans are somewhat moving backward from the hot issue of post-election political pressure to a position of 'don't rush and take a relook and reassess' of their post election rush in discussion of immigration reform. The House members already returned to their home yesterday and the House is only in pro forma session until 12/27/2012! Immigration reform may lose the momentum when it is brought back in February or later. Should the Hill repeat their past cycle, some legitimate piecemeal immigration reform legislations such as STEM and employment-based immigration reform will remain a hostage to the hopeless political games and turn into victims.

12/21/2012: Visa Classifications Exempt from USCIS New Immigrant Visa Fees That Takes Effect on 02/01/2013

• According to the U.S. Department of State, the new fees are exempt for the following:
  • IR-3
  • IH-3
  • IR-4
  • IH-4
  • K-1
  • K-2
  • K-3
  • K-4
• Please review the USCIS new release and DOS news.

12/20/2012: USCIS Field Offices Closed Today

• Offices Closed Today:
  • New York, Queens Field Office and Application Support Center
  • Des Moines, IA Field Office Closed due to inclement weather.
  • Nebraska - Omaha Application Support Center Closed due to inclement weather.
  • Omaha, NE Field Office Closed due to inclement weather.

12/20/2012: ECFMG Certificate Holders Office (ECHO) December News for IMGs

12/20/2012: ECFMG IWA Outage Alert for International Medical Graduates (IMGs)

• ECFMG has just issued an alert that due to required maintenance, ECFMG's Interactive Web Applications (IWA) will be unavailable from approximately 11:00 p.m. (EST) on December 31, 2012 through approximately 12:15 a.m. (EST) on January 1, 2013. 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. Beware.
  

12/20/2012: Important Notice - USCIS Panama City Office to Close Permanently Effective 02/01/2013

• The Panama City Field Office had jurisdiction over Panama, Ecuador, Colombia, Venezuela, Guyana, French Guiana, and Suriname. After Feb. 1, 2013, these countries will be in the jurisdiction of existing USCIS field offices, as follows:
  • Ecuador, Colombia, Venezuela, Guyana, French Guiana, and Suriname will be in the jurisdiction of the USCIS Field Office in Lima, Peru.
  • Panama will be in the jurisdiction of the USCIS Field Office in San Salvador, El Salvador.
• For other important procedural changes for different types of cases, read the full text of the announcement.

12/20/2012: Office of Foreign Labor Certifications Releases on 12/20/2012 Well-Organized & User-Friendly New Foreign Labor Certification Program Site

• The OFLC has released a revised Foreign Labor Certificaiton Program site which is literally impressive, convenient, and user-friendly, making all the information on foreign labor certifications easily accessible. It is remarkably well organized. Hats up to the leadership of the OFLC for the job well done!

12/20/2012: USCIS 2012 Asylum Office Customer Satisfaction Survey

• See how the Asylum Office in your jurisdction fared in this survey.

12/20/2012: Happy Holidays to Hard-Working Women & Men of Stakeholder Government Agencies - USCIS, OFLC, Visa Posts.....

• The public and consumers have often misunderstood their relationship with these stakeholder agencies as "adversary" relationship. The functions of these offices are primarily "service" rather than law enforcement. There are thousands and thousands of women and men working in many and many different office buildings located every corner of the nation day-in and day-out. Majority of consumers of their services are not familiar with the environment of these officials in the buildings, particularly, Service Centers, because they did not have opportunties to visit their working spaces. Fortunately, we, the immigration practitioners, are privileged to have a tour of their work spaces once a year to meet the women and men working in the small cells in the buildings. They are like any one of us in that they are mothers, fathers, husbands, wives, grandmas, grandpas, sons, daughters, brothers, sisters, etc. Their work environment is far from the mistaken image of government officals with authority. Each of these women and men usually is confined in one of hundreds of small cubicles buried in papers after papers and usually without outgoing telephone equipments. They come to work everyday to feed and support their families as wage earners. Just like any one of us, they are hard working workers doing their jobs under the rules of their office operations. These women and men do not know you and me other than what they see on the piles of papers. Thus there is no room for "personal" feeling or bias or prejudice or favor in performing their job. We, consumers, should also take them "impersonally" and do not judge them and take them at "personal" level.
• In this holiday season, they deserve special "thank you" and "Happy Holidays" greetings from all of us for their hard work.

12/20/2012: Expired or Expiring USCIS Forms and USCIS Notices

• There are a number of USCIS petition/application forms which either have expired or about to expire or will expire in the near future and some of the USCIS benefits filers are confused or concerned in filing petitions and applications. To assist these filers, the USCIS posts various forms by different types with an advisory note as to what the consumers should do. Filers may check these notices before filing the petitions or applications to make it sure that their filings are not rejected:
  • Employment-Based Forms
  • Family-Based Forms
  • Green-Card Forms
  • Naturalization/Citizenship Forms
  • Humanitarian Relief Forms (including DACA)
  • Adoption-Related Forms
• Filers should not also fail to check changing instruction for forms for these petitions and applications.

12/19/2012: Q&A of USCIS International Operations & AILA Meeting of September 2012

• This Q&A gives good information on operation of USCIS overseas offices, particularly relating to handling of waiver issues. Read on.

12/19/2012: CRS Report on Estimates of Unauthorized Aliens Residing in the United States (1986 - Present)

12/19/2012: CRS Report on Current Policy & Related Issues on Immigration of Temporary Lower-Skilled Workers

12/19/2012: Congress Extended Lame Duck Session Stuck with Fiscal Cliff Negotiation

• These poor esteemed ladies and gentlemen are stuck in the Hill anxiously waiting for the Fiscal Cliff compromise. They have only two business days ahead before the Christmas Eve and Christmas holidays and must be anxious to join their families in their neighborhoods. Let's see whether the Lame Duck curtain can come down before or during this weekend. Otherwise, these poor ladies and gentlement will have to come back missing family times before the New Years Eve.

12/19/2012: Will There be X-Mas/New Year Gift of OMB Approval of USCIS Provisional Unlawful Presence Waiver Stateside Processing Final Rule?

• The USCIS intended to implement this rule by the end of December 2012. For this schedule to be materialized, the OMB must approve the final rule which was presented to them for clearance on 11/07/2012. The 30-day review period has passed and it has yet to be cleared by the OMB. The Christmas/New Year holidays will end in about two weeks. We hope that the OMB clears this final rule before the holidays are over as a gift to the U.S. citizen relatives who have been experiencing or will experience a separation for a prolonged period of time because of the procedural matter during the period of processing of unlawful presence waiver for the alien relatives to obtain immigrant status and join the U.S. citizen family. We still have a few days left to see whether they will get this holiday gifts before the holidays are over. Amen!

12/19/2012: USCIS Proposes to Revise N-400 Form Adding Additional Questions

• USCIS proposes to revise the current N-400 adding more questions to consider the information that occurred before an eligibility determination for naturalization is made. Even if the applicant for naturalization has received a previous immigration benefit from USCIS, the length of time that may have transpired between the initial interaction that the respondent had with USCIS on another immigration benefit request and the filing of the N-400 requires USCIS to verify that actions taken by the respondent during the intervening years do not affect his or her eligibility for naturalization. The form is also updated to examine the inadmissibility grounds that were
  added by the Intelligence Reform and Terrorism Prevention Act of 2004. USCIS added these questions as required by the agreement reached through a working group comprised of representatives of affected agencies, including the Departments of Justice and State, and U.S. Immigration and Customs Enforcement of DHS. These additional questions are necessary for USCIS to meet the statutory requirements and the President’s directive to make a determination that a person is ineligible to naturalize because of his or her past involvement with terrorism, persecution, torture, or genocide. This proposal will be published in the federal register tomorrow seeking comments within 60 days.

12/19/2012: USCIS Administrative Appeals (AAO) Processing Times Show a Remarkable Improvement in December 2012

• The AAO had been witnessting a substantial delay in processing of appeals of the USCIS denials of immigration benefits petitions, leading to a culture in immigration community to keep a distance from filing appeals for denials becuase of the delays in resolution of appeals in the AAO. However, for the first time in the recent records of the AAO, processing times for most of different types of appeals show "current," meaning that there is no delay in processing of appeals. H-1B appeals and I-140 appeals for multinational corporate executive or manager petition appeals still show a delay but there has been improvement even in these two types of appeals in the amount of the delays. Hats up to the AAO. Please keep it up to reach no delays even in H-1B and certain I-140 appeals. We also encourage the AAO not to delay posting of processing times to the public. The consumers, other than stakeholders entities, are also decision makers in consideration of appeals of USCIS denials and should be informed of up-to-date status of processing times such that they make a right decision for appeals.
• Obviously, this improvement of the AAO processing times may potentially induce increased consideration of appeals in certain types of cases for which the employers and immigrants have been hesistant to consider an appeal, but from the perspectives of the health and justice of legal process, it is the right thing for the AAO to keep it up with improvement of processing times of appeals. Increased appeals will eventually lead to improvement of adjudications of immigration benefits applications within the Service Centers and Field Offices.

12/18/2012: USCIS Announcement of 12/18/2012 on Further Expansion of Case Status Services via e-Request

• USCIS has just announced that it has further expanded the services offered by its Case Status Online and e-Request systems as part of an ongoing effort to enhance these services for its customers. Case Status Online allows the customers to view the most current status of their applications for all USCIS Forms. e-Request allows the customers to inquire electronically about applications and petitions submitted to USCIS. Effective 12/19/2012, customers can see the following enhancements:
  • Within Case Status Online, customers will be able to track the mailing and/or delivery of a card or document produced by USCIS through its Secure Mail Initiative.
  • Within e-Request, customers will be able to create a Service Request if they do not receive documents related to Forms I-485, Application to Adjust Permanent Residence or Adjust Status; I-765, Application for Employment Authorization; and I-130, Petition for Alien Relative.
• Enjoy it! See whether you like it.

12/18/2012: The U.S. Department of Labor Releases Foreign Labor Certification Annual Report for FY 2011

• The 2011 Annual Report presents information on the Prevailing Wage Determination Process, Permanent Labor Certification and Temporary Nonimmigrant Labor Certification for FY 2011. The report also contains State Employment-Based Labor Certification Profiles, information on STEM-related occupations in the labor certification programs, H-2A Agricultural Certification Statistics, and Country Employment-Based Immigration Profiles.
• Wow, it states that in FY 2011, Office of Foreign Labor Certification processed 437,191 employer applications requesting 992,276 positions for permanent and temporary foreign labor certifications. While this signifies continued interest across these programs, with employers continuing to seek to fill needs both temporary and long-term with foreign workers, it is an overall increase in filing in the H-1B and Permanent programs from the previous year, and a decrease in the H-2A and H-2B programs from the previous year.

12/18/2012: Stay Tuned for USCIS Memorandum Extending for One-Year Expiring Immigration Medical Examination Reports (I-693) on File on 12/31/2012

• One of the key documents for I-485 green card applications before the USCIS and the immigrant visa applications at the visa posts outside of the U.S. is a civil surgeon's sealed report of the medical examination results (I-693) on behalf of the immigration applicants. The civil surgeon's medical examination report is valid only for 12 months from the date of the civil surgeon's certification under the rule. Accordingly, legally, those whose I-485 have been pending for over one year waiting for the visa numbers may experience invalidation of their medical examination result report of the civil surgeons after 12/31/2012 unless the USCIS issues another memorandum extending the validity of such I-693 on file for another one year beginning from January 1, 2013. Considering the visa number regression and the required long waits for the I-485 applicants, the USCIS has been annually extending for last several years the validity of their I-693 report on file at the USCIS offices for one year at a time. For the calendar year 2012, the USCIS issued such memorandum on 12/29/2011 extending such medical reports for one year from 01/01/2012 to 12/31/2012. It is anticipated that the USCIS is expected to release such memorandum before the end of 2012. Stay tuned for the upcoming USCIS memorandum extending another one year.

12/17/2012: USCIS Hosts Teleconference on New Immigrant Visa Fee Implementation, 12/19/2012

• Those who are interested in the discussion on this immigrant visa application fees may participate in the teleconference. For the details, please click here.

12/17/2012: U.S. and Canada Information Sharing on Third Country National (TCN) Visa Applicants in Canada

• The agreement dated 12/14/2012 indicates that for appaent security protection for both countries, the two countries signed an agreement to share information on the TCN applicants. Read on.

12/17/2012: Republicans Struggling with Choice of Piecemeal vs. Comprehensive Immigration Reform Approaches

• Report indicates that because of their need for accomodating their ultra right wing conservatives within the party and the reality of their post-election mandate to resolve the immigration reform which has been created by the November 2012 election, the party could not even determine the basic "starting" point and direction of immigration reform for being stuck with choice of peacemeal vs. comprehensive approaches. One then wonders whether the Republican leaders in the so-called 'gang of 8 Senators group' for immigration reform are outcasts of the Republican party politics. When the new 113th Congress opens, the situation will corner them to a very difficult "defensive" position which they witnessed during the election, as the Democrats are anticipated to come forward with a comprehensive immigration reform proposal "very aggressively!" At this point, some of the Republicans' piecemeal immigration reform proposals have been perceived and taken negatively for being unrealistic under the given political reality and rather a road block to the workable immigration reform within the year 2013.

12/14/2012: USCIS Update of DACA Processing Statistics as of 12/14/2012

• The following show total receipts and approvals as of 12/14/2012. This update also shows the applicants by country.
  • Total Received: 367,903
  • Approvals: 102,915
• The following is the trend.

As Of	Receipts Total	Bio Scheduled	Review Ready	Approvals
12/14/2012	367,903	336,464	157,151	102,965
11/15/2012	308,935	273,203	124,572	53,273
10/10/2012	179,794	158,408	6,416	4,591
09/13/2012	82,361	63,717	1,660	29

12/14/2012: USCIS Updated Processing Times Again 12/13/2012

• One day after the update was posted, it updated again. We do not know what changes have been made. Readers may revisit the site.

12/13/2012: USCIS Notice of Implementation of Immigrant Visa DHS Domestic Processing Fee Effective 02/01/2013

• USCIS will release an announcement tomorrow that as of February 1, 2013, USCIS will begin to collect a $165 Immigrant Visa DHS Domestic Processing Fee (USCIS Immigrant Fee) from individuals who have been issued immigrant visas by the U.S. Department of State (DOS) and are applying for admission to the United States. Prospective adoptive parents whose child(ren) is/are seeking admission to the United States under the Orphan or Hague Process will be exempt from the USCIS Immigrant Fee. The USCIS Immigrant Fee covers the cost of processing that is performed in the United States after immigrant visa holders receive their visa packages from DOS and are admitted to the United States. This notice provides instructions on how individuals who have been issued immigrant visas from DOS can pay the fee. See also USCIS press release.

12/13/2012: USCIS to Seek Comments & Information Relating to I-821D DACA Applications

• Tomorrow, USCIS will release data collection information of I-821D DACA applications, inviting to send comment on the following:
  • The time burden incurred by preparers (persons who assist the respondent with the preparation of the form) who are not paid.
  • For preparers who are paid, the time and expense to the respondent to find and secure such preparers for assistance.
  • The amount that paid preparers charge for their services.
  • The time required to obtain supporting documents for Form I-821D.
  • The monetary costs incurred to obtain supporting documents from sources such as a landlord, church, utility, public agency (housing, social services, law enforcement), school, medical care provider, advocacy group, law firm, or military service.
  • The average time required and money expended to secure secondary evidence such as an affidavit.
  • The percentage of total applicants who require English translations of their supporting documents.
  • The percentage of supporting documents for each individual applicant that require translation into English.
  • The time required to find, hire, or otherwise obtain translations of supporting documents for immigration benefit requests
  • The average out of pocket monetary cost if any to obtain translations of supporting documents when required.
• The notice will indicate that the estimate number of users of the form I-821D are 700,000. Read the advance copy of this notice.

12/13/2012: H-4 EAD Rule-Making Time Lines

• There are two things which the H-1B professional families should understand about this new initiatives of the USCIS to allow the spouses of certain H-1B professionals to apply for employment authorization when this rule making process is completed.
• Purpose of the Initiatives: Firstly, the purpose of this new initiave is to induce and retain foreign professionals that are needed in this country to sustain the country's competitive edge in the global society. For readers who missed this reporter's posting on this issue, we would like to repost our earlier posting on this issue again:

11/18/2012: Time to Implement H-4 Spouse Employment Authorization Plan in the USCIS Rule-Making Agenda

As an incentive to retain skilled foreign professionals that the country needed to sustain the economic edge in the international competition, the USCIS planned an administrative fix to authorize the employment for the spouses of H-1B professionals. This plan is supposed to give benefits to the H-1B families as well as the country. From the perspectives of H-1B temporary foreign workers, this issue involves a number of issues for the family as well as the spouses. Typical H-1B foreign professionals are mostly in the twenties and some in thirties in ages. Most importantly, most of their spouses are college graduates who have their own professional careers. The forced full-time house wife statuses have created a serious problems, including the boredom of the forced unemployed spouses, not to mention a forced compromise of their own careers for not being able to continue their careers through employment. Unemployment leads them to face failure in updating their skills and knowledge and in the long run, they will have to lose their opportunity to continue their careers. This adds the mental and emotional stress for the professional spouses, not to mention a forced isolation in a foreign land without close relatives, friends, and neighbors. In the worst cases, this has been creating a marital problem. Because of such problems, some of the H-1B high-tech professional foreign workers had to return to their home countries to salvage their families as well as the spouses's careers. The issue is commonly misunderstood as family income issues. The real issues involve much more serious ones for the family and professional careers of the spouses. Implementation of employment authorization policy will help resolve these issues for the H-1B professionals and the H-4 spouses. As for the benefit to the country, obviously as the USCIS appropriately recognized in the plan, H-4 employment will help to retain the needed highly skilled foreign workers in this country. Since the spouses are mostly young and professional in their own rights, their employment authorization will be able to contribute to this country in many different ways which do not need elaboration here. In other business and skilled foreign worker nonimmigrant visa legislations such as L-1 multi-national corporate executies, managers, and specialized knowledge workers, J-1 foreign exchange visitors, etc, the law has accomodate this issue to relieve the primary foreign workers from such family issues and spouses' career issues. Somehow, however, the law has failed to extend the idential consideration in the case of H-1B highly skilled foreign workers visa for unknown reasons.

For the foregoing reasons, this reporter strongly urges the Obama Administration to implement this program as soon as possible, the program which has been on its rule-making agenda for over a year!

• Eligible H-4 Spouses: Not every H-4 spouse will be covered considering the core intent of the proposed rule. The H-4 spouses who will be covered by this initiative will be those (1) whose H-1B husband or wife has already commenced permanent residence process after prolonged period of stay in the U.S. in a H-1B status and eligible for 7th year H-1B extension beyond the H-1B six-year limit under section 106 of the AC 21 or (2) whose H-1B husband or wife has filed and obtained I-140 petition either through or without labor certification process but unable to file I-485 applications because of the immigrant visa number backlog for the category in the Visa Bulletin and eligible for H-1B extension in three-year increments indefinitely pending their priority current in the Visa Bulletin or (3) who is a following-to-join spouse of the H-1B spouse who has already filed EB-485 but because of the visa number retrogression, he or she is unable to file I-485 application, and for the reasons, they are eligible for H-1B and H-4 visa status extensions in three-year increments indefinitely pending the visa number availability in the Visa Bulletin pursuant to section 104[c] of AC 21 Act. Accordingly, there are two things they should keep in mind. If the H-4 spouse wants to prove his or her eligibility for the EAD, they will have to prove that the H-1B husband is working in a H-1B nonimmigrant status and no other nonimmigrant visa nor EAD. Thus this H-4 EAD rule is likely to encourage H-1B spouse waiting for I-485 applications to keep H-1B status rather than working on EAD. Secondly, the H-1B principal spouse must prove that he or she is suffering from the visa number regression or delays in labor certification or I-140 or EB-485 application by the agencies.
• Rule-Making Time lines: For this initiative to be implemented, the USCIS must complete the two steps of ruling making process. The first step is completion of "Proposed Rule" process, and the second step is completion of "Interim Final or Final Rule" process after completion of the Proposed Rule making process. Proposed Rule is not binding and only interim or final rule is binding. Both Proposed Rule and Final Rule must be submitted to the OMB of the White House for clearance before they can be published in the federal register. Proposed Rule must incorporate a period from 30 days to 60 days for comments from the public once the OMB approves publishing of the Proposed Rule in the federal register. Both Proposed Rule and Interim or Final Rule requires from 30 days to 90 days for the OMB to complete their review and approval, unless an emergency or economic issues are involved. The H-4 spouse EAD proposed rule is presented not as an emergency or economic issue rule and will be subject to the regular time of 30-90 days review period. Additionally, after the approval of the Propose Rule or Interim or Final Rule, the USCIS can take time to schedule publishing it in the federal register, which causes a problem to estimate the exact time line for completion of the rule making process. All we can do is to give best and worst scenario to 'g'estimate rough time lines. The H-4 Proposed Rule was submitted to the OMB of the White House on 12/10/2012. If it is approved in 30 days with the 60-day comment period, and the USCIS submits the Interim or Final Rule after considering all the comments received in about 90 days after the approval of the Proposed Rule, it adds upto 120 days. Adding another 30 days for OMB review of the Interim or Final Rule, it will add upto 150 days. Assuming that the Interim or Final Rule is published in 30 days after the approval, it adds upto 180 days. The foregoing is the "best" possible scenario. Even under the best scenario, the total rule-making process will take "at least" six months or longer. No one knows the target time line of the USCIS, but considering all the factors involved, the Interim or Final Rule may not be enacted and implemented until after the summer of the year 2013 or even farther later. Gotcha?

12/13/2012: Library of Congress Global Legal Monitor

• The Library of Congress has added this Global Legal Monitor that can provide up-to-date and valuable information to those who are outside of their native countries as well as for the policy makers in this country to learn what is happening other parts of the world. Very good initiate!

12/13/2012: USCIS Updates I-130 Family-Based Immigrant Petition Processing Records of Each Local Field Office for FY-2010 to FY 2012, thru 09/30/2012

• Those who have filed the petitions for their relatives can learn the workloads and processing times or delays of the family-based immigrant petitions at their local jurisdictions. Family-based immigrant beneficiaries go through the local filed office interviews, except and unless the interviews are waived, to obtain permanent resident status. This report will help to understand how their local offices are doing as compared with the local offices of other jurisdictions. Read on.

12/13/2012: Ombudsman Office Teleconference Scheduled on 12/19/2012 on USCIS Administrative Appeals Office (AAO)

• Appeals to the AAO are usually handled by representatives of the immigration sponsors or immigrants and not individual immigrants or sponsors themselves. However, the immigrants and immigration sponsors may as well learn the key issues and problems with the AAO and the appeals of decisions of the USCIS before the Office. The Office of Ombudsman is thus scheduling a teleconference on 12/19/2012, next Wednesday, 2:00 pm - 3:00 pm (EST). The Ombudsman is particularly interested in learning more about how the AAO is working for immigration customers, areas in need of improvement, and potential solutions.
• Those who are interested in participating in this teleconference should RSVP via the following email: cisombudsman.publicaffairs@dhs.gov., including in the subject line "AAO Teleconference." Call-in information will be provided upon confirmation of the reservation. Lately, a new Ombudsman was appointed and immigration customers see some changes and improvements with the Ombudsman's service. Please visit Ombudman's office site to lean the role of the Ombudsman and potential areas of issues that readers may be interested in addressing to the Ombudsman's Office.

12/12/2012: USCIS Posted on 12/12/2012 the Interim Memorandum on Age-Out Protection for Derivative "U" Nonimmigrant Status Holders

• This memorandum is dated at 10/24/2012, but posted on 12/12/2012. This Interim Memorandum is currently in effect.

12/12/2012: USCIS Posted 12/12/2012 Draft Memorandum for Eligibility for Employment Authorization upon Approval of a "VAWA" Self-Petition

• This 12/12/2012 Memorandum is just a draft for comment only and not in effect at this time.

12/12/2012: USCIS Updates on 12/12/2012 the Processing Times as of 10/30/2012 with Some Additional Information

• Please click for the updated report.
• Special notes:
  • Please note that the processing times for the I-129 R Religious category is based on those that require a site visit. The processing time for I-129 R that has had a site visit within the last 5 years will be 2 months.
  • The 90-day period for reviewing Form I-765 (EAD) filed together with Form I-821D for DACA applicants begins if and when USCIS decides whether to defer action in your case rather than the date of Receipt of the applications.

12/12/2012: Death of FB Immigrant Petition Sponsor or Beneficiary of Other Immigrant Petitions and its Consequences on Surviving Derivative Beneficiary Family Members

• It is a course of life that a person dies and passes away for many different reasons. The person can be a sponsor of family-based immigrant petitions or a direct beneficiary of other immigrant petitions, leaving behind the family members while immigrant petition was pending on behalf of them or their I-485 was pending and yet to be adjudicated. These family members who survive the death of their deceased love ones are legally called "surviving relatives." These surviving relatives tend to experience indescribable pains and nightmares including their pending immigrant proceedings. Accordingly, it is time for every immigrant and their relatives should learn about the special provision under the immigration law that requires the USCIS to continue to adjudicate the pending immigration proceedings on behalf of such family members despite the death of the immigrant petition sponsoring relative or death of a direct beneficiary of other immigrant petitions. This is called Section 204(l) relief under the immigration statute. This law has been in effect since 2009. The pending immigrant proceedings include (1) Pending or approved Immediate Relative Family-Based Immigrant Petition; (2) Derivative beneficiary of a pending or approved Employment-Based Immigrant Petition as an accompanying or following-to-join family member; (3) Derivative beneficiary of a pending or approved other Family-Based Immigrant Petition as an accompanying or following-to-join family member; (4) Beneficiary of a pending or approved refugee/asylee relative petition; (5) Alien admitted in `T' or 'U' nonimmigrant status ; or (5) an asylee.
• The foregoing information is something everyone has to know to deal with a potential crisis when a family member dies. This information is however posted for more important reasons. According to the report of the Ombudsman, such surviving family members have gone through somewhat an uphill battle to claim the benefits under this legal provision because reportedly there have been incidents where the USCIS adjudicators incorrectly revoked the underlying petitions based on the death of the petitioner or direct beneficiary of the proceedings and the surviving family members had to go through a difficult and nightmarish process to reinstate the immigration benefits pursuant to the law under Section 204(l). For the foregoing reasons, the Ombudsman submitted a recommendation on November 26, 2012 to the USCIS to correct the irregularity of practices at the level of adjudicators, erroneously taking the law as a "discretionary" provision rather than a "mandatory" obligation. This reporter urges everyone to read this Ombudsman's Recommendations to USCIS such that when they face a loss of their loved ones, they could manage their crisis somewhat less painfully, at least for the immigration issues.
• Caveat: Readers should seek legal counsel for the above-described matters rather than relying on this internet information. The Oh Law Firm and its lawyers will not be responsible for the consequences of relying on the information without legal counsel as the posted information is neither a legal advice nor a law itself. Please seek legal counsel.

12/11/2012: USCIS Updates 11/30/2012 DACA Q&A

• This site was initially updated on 09/14/2012, but without notice, the site was updated on 11/30/2012 providing additional information and answers. Those who are involved in DACA processing may want to go through the site again to the end.

12/11/2012: USCIS Updates Local Field Offices I-485 Receipts, Completions, and Pending for FY-2010 Thru FY-2012, Including and Upto September 2012

• This statistics cover mostly non-employment based I-485 applications by each local district office of the USCIS, covering all different kinds of I-485 applications. Since employment-based I-485 applications are handled by the Service Centers (Texas and Nebraska), the employment-based I-485 applications for each field office in this report represent those cases which have been transferred to the field offices by the Service Centers for interviews and investigations. Accordingly, EB-485 cases in this statastics are very small in number.

12/11/2012: January 2013 Visa Bulletin Released

12/11/2012: BRAVO! USCIS Has Just Commenced a Process Seeking White House Approval for H-4 Employment Authorization Proposed Rule!

• What a wonderful news for the H-1B professional families! USCIS has just initiated the rule making process for proposed H-4 employment authorization rule. Hats off to the USCIS leaders!!
• As we published last year, this rule proposes extending the availability of employment authorization to H-4 dependent spouses of principal H-1B nonimmigrants who have begun the process of seeking lawful permanent resident 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 Public Law 106-313, also known as the American Competitiveness in the Twenty-First Century Act of 2000 (AC21). Allowing the eligible class of H-4 dependent spouses to work encourages professionals with high demand skills to remain in the country and help spur the innovation and growth of U.S. companies.
• It is going to take a little bit of time for this proposed rule to complete the rule-making process, but it is a fantastic news that after over a year since the plan was published in the Fall 2011 Semi-Annual Rule Making Agenda, the agency is finally starting to implement it from a stage of a plan to actual rule-making process. We have the best leadership in the INS/USCIS history!

12/11/2012: STEM Professionals Still Day Dreaming in H.R. 6429 STEM Jobs Act of 2012

• Despite the news reports all over, including this site, that this bill is de facto dead, the Congressional website now shows that this bill is one of the hottest hit bills. Zzz.................................
• STEM immigration reform currently faces two hurdles, among others: One hunrdle is Republicans' refusal to add any new immigrant quota numbers to the existing employment-based immigration system. If they drop other provisions in the bills, which will de facto mean that they acceept EB visa number increase, then the first hurdle will disappear. The second hurdle is Comprehensive Immigration Reform advocates. Since year 2013 represents a golden opportunity to work and pass comprehensive immigration reform, they want to keep STEM or other pieceemeal immigration proposals as hostage for the CIR for the obvious reasons that such piecemeal immigration reforms are likely slice off the parts of the immigration reforms which receive the most support from the public. Such piecemeal immigration reforms will thus reduce the chance for success of CIR "substantially." Currently, this issue of piecemeal vs. comprehensve approvaches are taken advantage by both parties. Republicans advocate piecemeal approach to kill the chance for CIR in 2013 and farther future. For the reasons, Republicans and their think-tanks are aggressively advocating piecemeal immigration ideas in the media now. On the other hand, for the obvious reasons, should the Democrats agree to pass STEM with no string attached, the second hurdle will disappear and the STEM bill will pass in the Congress. Practically, however, no one can anticipate that the Democrats will do that. Readers must understand that there are much more complicated issues and tangles behind the STEM bills which have been pending in the 112th Congress. Readers should not be fooled by political spins in the media by both Democrats and Republicans on STEM immigration reform.

12/10/2012: USCIS N-400 Naturalization Receipts, Completions, and Pending Cycle Times by Field Offices for FY 2010 Thru FY 2012

• This report reflects the processing times at the end of September 2012. Read on.

12/09/2012: USCIS Initial Estimate of DACA Applications by DREAMers

• DACA started from 08/15/2012 and within three months (11/15/2012), the USCIS received 308,935 applications. This record is a little less than one thirds of total DACA application estimates when the USCIS launched the program. According to the I-765WS estimate, the work sheet for employment authorization application by Deterred Action applicants were estimated as follows. This form is required for all the deferred action applicants including non-DACA deferred action applicants:
  • Total Deferred Action Applicants (Judging from I-765WS estimate): 1,047,357
    • DACA applicants: 1,041,300
    • Non-DACA applicants: 6,057
  • Total DACA applications actually received within the first three months (08/15/2012 - 11/15/2012)
    • 308,935
• It appears that the USCIS has been releasing the monthly statistics to satisfy the demand from Reps. Lamar Smith and Chuck Grassley, and it is likely that the updated statistics may be released probably within the next two weeks or so. Obviously the new number may be substantially higher than the latest figures and the DHS, including USCIS and USICE may continuously remain busy to process these DACA applications for a while, presumedly affecting directly or indirectly processing times for other immigration benefit applications. It will be interesting to see what type of structural changes the USCIS will propose in the forthcoming budget to accomodate estimated avalanche of new workloads, assuming that the Congress will indeed pass a Comprehensive Immigration Reform legislation within 2013. We will find it out soon.

12/08/2012: See How Growingly Impatient the CIR Advocates Are With President Obama

• Read Rep. Gutierrez's frustration and some Congress Democrats with the President's inaction. Pressures are mounting.

12/08/2012: Republicans and Democrats Need a Give & Take in Both Fiscal Cliff and Immigration Reform

• Unlike a majority totalitarin "democracy(?)" model in countries in the world including former East European countries and other continents, the foundation of American democracy stands on due respect for the views and opinions of minority political forces, and "compromise" constitutes an essential component of political and legislative process in this country. This principle is embedded in the Constitution of the United States in various formats. This principle is also supported by the process of political decision including election process that rises from the grass-roots of the population in the neighborhoods rather than "institutions" that dictates "from up to down" process of political and decision makings. Most of the totalitarin nations are footed on the latter model.
• Currently, there is a compromise process going on between the two party leaders in the fiscal cliff issue to reach a compromise through a give-and-take bargain process. An idential process must be initiated between the two party leaders in the immigration reform issues putting everything on the table "honestly" without hanky panky hidden agenda. Bush comprehensive immigration reform which was pushed and backed by right wing conservatives which eventually failed because the Bush Administration underestimated intelligence of the people on the other side of the spectrum and the population in general. The model it presented was so-called "point system" reform of entire immigration system that was intended to reduce the number of immigrants in the long run through cut in the family immigration system and manipulation of the employment-based immigration system. The apparent hidden agenda was to control the overall flow of immigrants in the long run, particularly the immigrants that are favorable to the Democratic power base. Initially, general populace did not detect such apparent agenda but eventually were able to detect this critical issue underlying the proposed comprehensive immigration reform. The bill failed. The hearing record of the failed STEM Jobs Act of 2012 reflects that the problem involved more than the issue of elimination of diversity immigration program. Apparently, there was a flaw in suggested model of STEM immigration program which will lead to reduction of employment-based immigration itself in the long run. Interested readers may go back to the hearing record of this bill. Currently, most of the immigration proposals, including piecemeal reform, have drawn a upper limit of immigration numbers at the current level or a lower level. Because of this bottomline agenda of the Republican immigration reform, no immigration reform will be available unless the Republicans bend their bottomline limit in immigration flow. That should be the starting point for compromise from the end of the Republicans. On the other hand, the agenda of the Democrats' immigration reform is based on proposals to expand their power base through legalization of undocumented immigrants. As this reporter wrote earlier, should the Democrats retain their bottomline for immigration at immediate grant of over 11 million new immigrants in a short period of time that add to their power base, such immigration reform bill will obviously go nowhere. The art of negotation should start from the point that the Republicans must accept legalization of the undocumented immigrants and adjustment of the current immigration quota system to accomodate the needs of new immigrants under the changed economic and political environment, meanwhile the Democrats must accept that the legalized undocumented immigrants are given opportunity for permanent resident status and eventually U.S. citizenship under the current immigration system of first-in and first-out-basis immigrant visas to any immigrants. Once the two parties agree to these two bottomlines for compromise, negotiation for rest of the reform in other details and other items should not take too long to reach a compromise. It is hoped that the two party leaders intiate an honest negotiation process as soon as possible based on the foregoing two basic premises, and stop spinning of rhetorics in the media.

12/08/2012: Reported New 'Gang of Eight (8)' on Comprehensive Immigration Reform in the Senate

• A report indicates that the fledgling group’s members for FY 2013 CIR include: Democratic Sens. Chuck Schumer of New York, Dick Durbin of Illinois, Michael Bennet of Colorado, Bob Menendez of New Jersey, and Republican Sens. John McCain of Arizona, Lindsey Graham of South Carolina, Mike Lee of Utah and Sen.-elect Jeff Flake of Arizona. Where is Sen. Marco Rubio? Probably he is not a member of the group because his stance on immigration reform has been ambivalent between piecemeal and comprehensive reforms. Read on.

12/08/2012: PERM Online Filing System Outage Schedules: 12/13/2012 - 12/14/2012

• DOL announces that due to routine maintenace, the Permanent Online system will be unavailable during the following period:
  • 12/13/2012, 8:00 pm (EST) - 12/14/2012, 6:00 am (EST)
• Beware of the late disruption and outage problems with the PERM filing system. PERM filers may want to make it sure that the applications are filed sufficiently ahead of time considering the frequent outages and disruptions with the DOL online filing systems.

12/08/2012: iCERT Portal System Outage Schedules: Outage on 12/10/2012 and 12/13/2012 - 12/14/2012!

• DOL announces that due to regular system maintenance, the iCERT System will be unavailable on the following dates and times:
  • 12/10/2012, 8:00 am - 11:00 am (EST)
  • 12/13/2012, 8:00 pm (EST) - 12/14/2012, 6:00 am (EST)
• Beware of these problems, filers of H-1B LCA, ETA 9141 Prevailing Wage Determination Request, H-2B, H-2A, E-3, H-1BA, etc. Make it sure that the applications are filed sufficiently ahead of time considering the frequent outages and disruptions with the DOL online filing systems.

12/07/2012: Get to Know With Rep. Bob Goodlatte, New House Judiciary Committee Chairman (VA)

• In the 113th Congress, Rep. Lamar Smith will be replaced by Rep. Goodlatte for the leadership of the House Judiciary Committee which represents a gateway to all the immigration legislations in the House, including scheduling of the immigration related bills in the House. Rep. Goodlatte has been vigorously advocating elimination of diversity immigration lottery program. Unlike Rep. Lamar Smith or Rep. Isaa, who introduced bills to eliminate diversity immigration replaced by the employment-based STEM immigration programs, Rep. Goodlatte has been advocating removal of 55,000 immigrant visa numbers which have been taken by diversity immigration lottery program without being replaced by any other immigration programs. In the coming year, the nation is likely to witness a tough road for the Comprehensive Immigration Reform legislation when it comes to the House of Representatives, to deal with Rep. Bob Goodlatte at the gateway. Read Latino Fox News.

12/07/2012: Another USCIS ELIS Maintenance Outage Alert on 12/09/2012, Sunday

• USCIS has announced that it would perform routine maintenance to conduct updates for the Electronic Immigration System (USCIS ELIS) on Dec. 9, Sunday, from 4 a.m. – 6 p.m. (EST). USCIS ELIS will thus not be available during this time.

12/07/2012: Approaching Curtain-Down of Lame Duck Congress and Reported Exiting Legislators Last Minute Introduction of Bills

12/07/2012: Computerworld 2012 IT Salary Survey

• The IT salary has been continuously rising. Check it out.

12/06/2012: Updated Version of Immigration Forms as of December 2012

• I-690, Application for Waiver of Grounds of Inadmissibility Under Sections 245A or 210 of the Immigration and Nationality Act, New edition dated 11/01/12; (11/23/10 and 01/06/10 editions also accepted)
• I-290B, Notice of Appeal or Motion, New edition dated 11/01/12. (Previous editions, not older than 03/04/08, also accepted)
• I-589, Application for Asylum and Withholding of Removal, New edition dated 11/01/12. Previous editions accepted.
• I-140, Immigrant Petition for Alien Worker, New edition dated 10/01/2012. Editions dated 1/06/2010 and later accepted ONLY UNTIL 12/30/2012.

12/06/2012: USCIS Immigration Benefits Applications Statistics as at 10/31/2012

• It shows that immigration application receipts increased by 59 % compared to the number received in October 2011. October 2012 approvals increased by 23 %t, denials increased by 13 %, and pending increased by 22% compared to October 2011.

12/06/2012: USCIS Naturalization Applications Statistics as at 10/31/2012

• Naturalization receipts in October 2012 increased 20 % when compared to October 2011, while approvals/oath increased by 13 % and denials increased 25 %.

12/06/2012: USCIS Ciudad Juarez Field Office No Longer Accepting Form I-601 Effective 12/05/2012

• USCIS has announced that effective Dec. 5, 2012, applicants in Mexico may no longer file Form I-601, Application for Waiver of Grounds of Inadmissibility at the USCIS Ciudad Juarez Field Office or any associated Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal. Applicants in Mexico must now file Form I-601 and associated Form I-212 with the USCIS Phoenix Lockbox.

12/05/2012: STEM Legislation Confrontations Between Two Powerful Republican and Democrat Senators on the Senate Floor Today

• Guess what. There was an interesting see-saw game on the Senate floor today. Republican Senator Cornyn asked Unanimous Consent that the House passed H.R. 6429 (STEM Jobs Act of 2012) be agreed to. It was objected to by Democratic Senator Chuck Schumer. Later, Senator Schumer asked Unanimous Consent that his version of pending STEM bill, S. 3553 (Benefits to Research and American Innovation through Nationality Statutes Act of 2012), also known as BRAINS Act of 2012, be agreed to. It was this time objected to by Senator Cornyn. Thus two STEM bills will continuously remain in the filibuster bin!
• BRAINS Act proposes to make up to 55,000 visas available to qualified immigrants who: (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education; (2) earned a graduate degree by taking no greater than 25% of classes by correspondence (including courses offered by telecommunications) and by taking all classes while physically present in the United States; (3) have an employment offer from a U.S. employer in a field related to such degree; (4) are the subject of an approved labor certification; and (5) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question. The bill also proposes to make unused STEM visas available for other employment-based visa categories. It also proposes to increases the number of immigrant visas available to the spouses of aliens lawfully admitted for permanent residence in each fiscal year by the number of aliens who were lawfully admitted for permanent residence who were removed from the United States in the preceding fiscal year.
• Agash!

12/05/2012: USCIS Updates Processing Times Report on 12/05/2012

• See our home page.

12/05/2012: Stephen Legomsky, New Chief Counsel of the USCIS

• There had been a long period of vacuum for this position in the USCIS leadership before the new counsel was appointed and assumed the position, without much publicity, on 10/24/2012. Information indicates that Mr. Legomsky has a doctorate in philosophy from the University of Oxford and a law degree from the University of San Diego, where he graduated first in his class and was Notes and Comments Editor of the San Diego Law Review. He also has a Bachelors of Science in mathematics from the Worcester Polytechnic Institute. He reportedly has over 30 years of experience in U.S., comparative, and international immigration, as well as in refugee and citizenship law and policy. Before serving in his current role, he was the Jogn S. Lehmann University Professor at the Washington University School of Law. During his career, Mr. Legomsky has held various academic positions at Washington University School of Law.
• Since the current Director is a highly achieved lawyer himself, particularly in litigation, the vacuum of Chief Counsel position in the USCIS has not presented any serious problem. We look forward to Mr. Legomsky's active role ahead for fair and accurate interpretation of laws and rules. Welcome Mr. Legomsky!

12/05/2012: DOL iCERT Online Filing System Outage Alert 12/10/2012

• Office of Foreign Labor Certifications posted an alert that due to regular system maintenance, the iCERT System will be unavailable from 8:00AM to 11:00AM Eastern Time on Monday, December 10, 2012.

12/05/2012: Bombshell New Ally of Comprehensive Immigration Reform: Former President George W. Bush

• This is a very important news in that it is likely to impact the late dwindling Republican positions on the immigration reform defying the lesson which they should have learned from the last November 6, 2012 national election. Read on.
• Read also mounting pressure for Comprehensive Immigration Reform from Bibles, Badges, Businesses. See how GOP Immigration Push Grows .

12/05/2012: House Passed Yesterday Following Private Bills Granting Permanent Resident Status

• Congratulations are due to the following immigrants:
  • Esther Karinge, H.R.316, sponsored by Rep Edward J. Markey, [MA-7] and was introduced 1/18/2011.
  • Corina de Chalup Turcinovic, H.R.357, sponsored by Daniedl Lipinski, [IL-3] and was introduced 1/19/2011
  • Allan Bolor Kelley, H.R.794 , sponsored by Henry A. Waxman, [CA-30] and was introduced 2/17/2011
  • Maria Camen Castro Ramirez and J. Refugio Carreno Rojas, H.R.823, sponsored by Rep. Nancy Pelosi ,[CA-8] and was introduced 2/18/2011
  • Daniel Wachira, H.R.824, sponsored by Rep. Charles B. Rangel, [NY-15] and was introduced 2/18/2011
  • Bartosz Kumor, H.R.1857, sponsored by Rep. John Conyers, Jr., [MI-14] and was introduced 5/11/2011
  • Sopuruchi Chukwueke, S.285, sponsored by Sen Levin, Carl [MI] and was introduced 2/3/2011

12/05/2012: Effective 11/01/2012, Service Centers Transferred Certain Cases to Local Offices or National Benefits Center to Share Workloads

• The chart below summarizes these changes, which take effect on November 1, 2012:

• The USCIS is using a “date-forward” approach. Any work which the USCIS received before November 1 will be handled by the old location. Work we receive on or after November 1 will be completed by the new location. Customers should be aware that they may receive transfer notices, requests for evidence (RFE), notices of decision, and other correspondence from a different USCIS office than where they filed. The filing location for these forms will not change. For other details, please click here.

12/05/2012: Temporary Immigration Relief for Victims of Hurricane Sandy

• Whenever there were disasters, there were always some immigrants who had suffered from the disaster. One most typical illustration was the 9/11 World Trade Center Twin Tower terrist attack. It produced a fairly number of immigrants who survived and lost everything. The Hurrican Sandy was not as big as the 9/11 incident nor the natural disaster in Luisiana, which are more or less forgotten by now. However, the number of victims from Sandy are known fairly large because of the disaster which hit the most populated parts of the nation. The USCIS released a news at the time potential relief available for the immigrant victims of the disaster. This posting is to remind of such relief which are potentially available whenever a disaster takes place, including the following:
  • A change or extension of nonimmigrant status, even if the request is filed after the authorized period of admission has ended;
  • Extension or re-parole of people who were granted parole before;
  • Expedited adjudication of off-campus employment authorization applications for F-1 students experiencing severe economic hardship;
  • Expedited adjudication of employment authorization applications; and
  • Assistance to Lawful Permanent Residents stranded overseas without immigration documents.
  • Where appropriate, the USCIS may exercise discretion for:
    *people who could not come to their interview; and
    *people who have not been able to respond to Requests For Evidence (RFEs) or Notices of Intent to Deny (NOID). For all RFEs and NOIDs that have a deadline of October 26 through November 26, 2012, the USCIS is giving an extra 30 days. During this time, the USCIS will not issue denials based on a customer¡¦s not appearing for an interview or failing to submit requested paperwork.
• If you are or know someone who is such victim, you or someone should contact the USCIS to seek such relief.

12/04/2012: USCIS Releases H-1B "Cap" Petition Processsing Data for FY 2009 thru FY 2012

• Remember that this data does not include 20,000 Master degree cap cases, but any Master degree cases that exceeded the 20,000 and merged into regular cap track are included in this data. Since this data includes only cap cases, the cap exempt cases are not included here.

12/04/2012: Office of Foreign Labor Certifications Releases Round 1 FAQ on Implementation of H-2A & H-2B iCERT Online Filing

• The Labor Department has posted the first round of Frequently Asked Questions (FAQs) addressing the implementation of electronic filing in the H-2B and H-2A labor certification programs through the Department's iCERT Visa Portal System. The FAQs are largely based on questions received from participants in the four webinar training sessions conducted by the Office of Foreign Labor Certification, and are published to assist program users in navigating electronic filing in the H-2B and H-2A programs. To read the FAQs please click here. To learn more about the implementation of electronic filing, please click here.

12/04/2012: PERM Applicants Who Suffered from 11/21/2012 PERM Site Disruptions Are Encouraged to Contact by Email PERM.Issues@Dol.Gov

• As we reported earlier, the PERM online filing and processing system was disrupted on November 21, 2012. Reportedly this disruption was caused in the performance of necessary maintenance, which temporarily disabled certain parts of the system but not the entire system. This occurrence made diagnosing and fixing the problem more difficult. While the system was fully back online late Tuesday, PERM Officer is assessing the extent of the damage to cases that may have been filed during the period from Thursday to Tuesday afternoon. Accordingly, the office encourages those who have any questions or concerns about cases which they filed during the period to send an e-mail to PERM.Issues@dol.gov.

12/04/2012: Explosive Growth of EB-5 Investor Immigrant Visa Applicants & Potential Cut-Off Date for EB-5 Visa Numbers in the Second Half of FY-2013

• Report indicates that the number of EB-5 immigrant visa approvals have exploded, and from 2010 to 2011 the number of EB-5 visas almost doubled, 1,885 to 3,463 respectively, and the same growth seems to be occurring in 2012. Through June 20th there have already been 4,302 EB-5 visas issued, with 86% of them having been issued to Chinese nationals. The State Department predicts that the total number of EB-5 visas to be issued in 2012 will likely be approximately 6,200. (See also USCIS EB-5 statistics). The Department of State, aware of the high Chinese for EB-5 visas, has issued a statement claiming that a cut-off date may need to be implemented in the second half of 2013 in order to prevent Chinese investors from exceeding the “per country” EB-5 visa cap each country has. While the total number of visas issued in a year has never reached the 10,000 visa cap, experts predict that, given the growth over the past 2 years, 2013 may be the first time it happens.
• It appears that nowadays, the USCIS is more or less occupied with the EB-5 investor immigration program in the employment-based immigration and DACA program for undocumented DREAMers in non-employment immigrant program. The National Customer Service's 800 phone lines are so crowded that reportedly the waiting time to talk to a live customer service agent on USCIS 800 number is an hour in the worst incidents. It is not certain whether the current delays in processing times for other programs are directly or indirectly related to the situation, but it is hoped that the situation improves sooner or later.

12/03/2012: Reminder of USCIS Guidance for Employers of Newly Hired DACA Employees

• The employers hiring DACA employees should pay attention to this guidance to not to violate USCIS employment authorization verification requirement rule and U.S. Department of Justice's rule of prohibition of discrimination of newly hiring people.

12/03/2012: Today, House STEM Jobs Act, as Anticipated, Was Objected to for Further Consideration in the Senate

• The House passed H.R. 6429 (STEM Jobs Act of 2012) was read for the first time on the Senate, but further consideration of the bill was objected to and practically fell into the Senate bin of filibuster, which will require 60 votes to break the filibuster. It means the bill is practically in the death valley in the Senate.

12/02/2012: Straight Talk - Real Bottlenecks to Employment-Based Immigration Reform

• Everyone agrees that the country needs talented skilled workers in this country and questions why the political leaders cannot solve this problem. Obviously all the blames should be directed to the political leaders of both parties. As this reporter wrote a few days ago, the real political agenda for these political leaders are to tip the scale of power towards their parties and constituents, no matter whether a short term or long terms scale. Obviously they do not want to reveal their hidden agenda and always sugar coats their spinning press releases to the media in blaming each other. Let's take a look at the historical track record of employment-based immigration reform bills. Why have they been adding or attaching some controversial programs in their bills with their knowledge that those programs will not be accepted by the other party leaders? One does not have to be a rocket scientist to understand their hidden agenda - power game and playing of politics. Has anyone proposed any high skilled foreign worker immigration reform bill without such strings? Nope! There is another political games they apparently play, so called piecemeal vs. comprehensive immigration reform approaches. The comprehensive immigration reform advocates have been opposing piecemal immigration reform with an excuse that it should be a part of comprehensive immigration reform bill to achieve a balanced reform. The underlying reason for this opposition is the reality that piecemeal reform will weaken the chance for achievement of comprehensive immigration reform that includes legalization of undocument immigrants and consequently, such forces would not be able to achieve their long-term political agenda and goal to keep the scale of power in their favor. Obviously, the goal of the opposition party and political forces is to opposite in order to change the scale of power in their favor by introducing sugar-coated piecemeal immigration reform bills to block comprehensive immigration reform.
• What this fact should tell the nation and public? The country needs statesmen and stateswomen who would not play politics for political interests and would rather always reveal their real political agenda and goal and try to make a law through an honest negotiation, give-and-take bargain, and compromise with the full disclosure of the purposes of the bills. We, the people, have a right to know their true purposes of the legislative bills. Republicans should attach strings to employment-based immigration bills in favor of the Democrats, and the Democrats should attach strings to comprehensive immigration bills in favor of the Republicans. Let's be real. No reasonable person will believe that turning 11 million undocumented immigrants into permanent residents in the next one or two years and after five years from that time, turning them into U.S. citizens with voting power! Most likely pro-Democrat voters! Let's start from a reality check! For the reasons, the Democrats should also present a workable proposal which the Republicans will be able to accept. If the Republicans and the Democrats do not have real agenda to achieve such legislation, as statesmen and stateswomen, they should stop talking or introducing immigration bills with a motive of suspect. That should be the course which real statesmen or stateswomen should take. Mr. President should not delay in disclosing his real agenda including proposals which the Republicans will be able to consider as serious and negotiable proposals so that the wheel of immigrationr reform legislation can start rolling NOW!

12/01/2012: Miraculous Improvement in PERM Certifying Officer's Reconsideration Review Processing Time

• When the Office of Foreign Labor Certification released November 2012 update for the PERM processing time, there were a number of people including this reporter who suspected that 10/15/2012 could have been a typo because in the October report, it was 12/012011. Thus this reporter sent an inquiry with the OFLC to check whether it was a typo. Attorneys, however, report that it is indeed a reality! A few attorneys have even confirmed a few days of turn around time in their cases. It is like a dream. We salute the leaders of the OFLC for the miraculous improvement and achievement in this part of PERM applications management.

12/01/2012: None of Important Immigration Amendments to Department of Defense Authorization Bill, S.3254

• A quick review of the entire amendments which have been introduced, some of which have already been agreed to by either unanimous consent or voice vote, show no important immigration related bills have been introduced as amendment to this important bill, which the Senate should pass early next week. Good to know for pro and con immigration forces.

11/30/2012: House Passed STEM Jobs Act as Anticipated, 245:139 Majority

• Rejecting Rep. Zoe Lofgren's motion to refer the bill to the House Judiciary, the House floor passed this bill. Surprisigly, some Democrats joined the Republicans in passing this bill. However, the chance for this bill in the Democratic Senate is grim. Besides, should this bill pass both Houses, the President may veto this bill.
• It could have been interesting if the Senate would have passed it with amendment deleting the part eliminating diversity immigration lottery program and toss it back to the House. However, even this hypothetical scenario will not work since the Lame Duck Congress will shut down after December 14, 2012 and this Congress will sunset at the end of the year with the death of tons of unresolved pending bills.

11/30/2012: OFLC Special Announcement on PERM System Disruption on 11/21/2012 and Under Assessment and Review of Issues for Employers Who Suffered

• Office of Foreign Labor Certification Special Announcement for PERM Filers: "ALERT: The PERM online filing and processing system was disrupted late Wednesday, November 21, 2012. This disruption was caused in the performance of necessary maintenance, which temporarily disabled certain parts of the system but not the entire system. This occurrence made diagnosing and fixing the problem more difficult. While the system was fully back online late Tuesday, we are assessing the extent of the damage to cases that may have been filed during the period from Thursday to Tuesday afternoon."
• Employers who suffered from this distruption of the PERM online filing site should watch for their follow-up announcement.

11/30/2012: "Draft" of Form I-601A (Application for Provisional Waiver of Unlawful Presence) and Form Instructions (Not in Effect Until Final Rule is Published)

• As we reported earlier, the final rule of Provisional Waiver of Unlawful Presence has been under review since November 7, 2012 by the OMB of the White House and until it is approved, the final rule cannot be published and implemented. Pending the completition of final rule, the information on the "draft" of the application form I-601A and its Instructions (drafted in October 2012) may help some of our visitors. Again, this is just a draft and not a form in effect. Following copy of the justification for this form will also help why I-601A form will have to use instead of I-601 form.
  • Drafte of I-601A Form and Instructions
  • I-601A Supporting Statements and Comments Received from Stakeholders
• None of the foregoing information is in effect. Readers may have to wait until the final rule is published in the federal register.

11/29/2012: Senate Busy in Handling Massive Amendments, Over 172 Amendments, to Department of Defense Authorization Bill, S.3254

• The Senate has been very busy to accept and resolve these massive amendment bills for the last two days. Some of these bills are attachments to pass as part of the DOD Authorization bill before the 112th Congress sunsets. Today a large number of these amendment bills were passed by voice votes and it is likely to continue this process. In light of sheer number of attachments, it is very difficult to learn which non-Defense related bills are passed in the form of amendment bills. It will take time to sip through the piles of these amendments to see whether any important immigration bills are included. Please stay tuned.
• Sometimes, some legislative bills are sneeked into an important legislation process when the Congress faces its sunset. For instance, yesterday, in the meeting of Rules Committee of the House that handled procedural rules for Smith STEM Jobs Act, one of the Democratic legislator tried to propose amendment to the STEM Jobs Act to attach "permanent" EB-5 investor immigration program, which just like any other decisions in the meeting, three Democrats agreed and seven Republicans opposed.

11/29/2012: USCIS ELIS Maintenance Outage Alert

• USCIS has just announced that it would perform routine maintenance to conduct updates for the Electronic Immigration System (USCIS ELIS) on Dec. 2, Sunday, from 4 a.m. – 6 p.m. (EST). USCIS ELIS will thus not be available during this time.

11/29/2012: CNMI-Only Transitional Worker CW-1 Nonimmigrant Visa Numerical Limination Trimmed Down to 15,000 in FY-2013

• DHS trims down the FY-2013 CNMI-Only Transitional Worker CW-1 visas at5,000. DHS calculated this figure by first taking the number of CW-1 nonimmigrant workers needed based on fiscal year 2012 filings to date of 12,247 (or 11,927, taking into account 320 denials to date), which rounded to the nearest thousand is 12,000. DHS then added an additional 25 percent to the 12,000 to accommodate possible economic growth that might lead to a need for additional CW workers, for a total of 15,000. Accordingly, DHS reduces the number of transitional workers from the current fiscal year numerical limitation of 22,416, and establishes the maximum number of CW-1 visas available for fiscal year 2013 at 15,000.numerical limitation at 15,000. DHS calculated this figure by first taking the number of CW-1 nonimmigrant workers needed based on fiscal year 2012 filings to date of 12,247 (or 11,927, taking into account 320 denials to date), which rounded to the nearest thousand is 12,000. DHS then added an additional 25 percent to the 12,000 to accommodate possible economic growth that might lead to a need for additional CW workers, for a total of 15,000. Accordingly, DHS thus reduces the number of transitional workers from the current fiscal year numerical limitation of 22,416, and establishes the maximum number of CW-1 visas available for fiscal year 2013 at 15,000. This notice will be published in the federal register tomorrow.

11/29/2012: STEM Jobs Act of 2012, H.R. 6429, as Amended, Officially Reintroduced in the House Yesterday

• STEM Jobs Act of 2012, H.R. 6429, as amended, was officially reintroduced in the House yesterday by Rep. Lamar Smith, co-sponsored by 68 other Representatives. This bill will be put to the vote tomorrow. Since only majority yeas are required this time around, it is a done-deal bill at the level of this lower Chamber. It is also obvious that this bill will not make it in the Senate considering the fact that the President has clarified his position against this bill for the two reasons: One is opposition to elimination of diversity immigration lottery program and the other, comprehensive reform is preferred as opposed to piece-meal approach. Silicon Valley and other high-tech businesses and academic institutions would have hoped that this bill would have been amended to remove diversity immigration lottery program elimination proposal. Had this happened, the chance could have been close to 90% that a STEM bill could have passed in the both Houses because this version of STEM bill as amended was otherwise beautiful. Fact of the matter is Republicans could not agree to increase of immigrant visa numbers in any shapes or any forms. Even potentially pro-Republican future constituents adding power to the party! Politics all around! Something to think about for the Republicans from the point of this reporter's earlier report of the workable resolution for immigration resolution based on balance of power.

11/29/2012: U.S. Consular H-1B and L-1 Visa Fact Sheet in India

• The rate of denial of L-1B visa petitions is extremely high at the level of USCIS. This fact sheet indicates that additional 10% of these approved L-1 visa cases are again denied at the level of the visa post.

11/28/2012: President Obama Reportedly Opposes House STEM Jobs Act

• This bill is about pass in the House day after tomorrow, Friday, but the President released an information that he opposes this bill. It is thus certain that once this bill goes to the Senate, it will go nowhere. See the statement.

11/28/2012: Congressional Hispanic Caucus (CHC) Releases Today its "Principles on Immigration Reform and Our Commitment to the American"

• See the details.

11/28/2012: Line-Up of the New House Committee Chairs and Potential Impact on Immigration Policies and Legislation Process

• Yesterday, the Speaker of the House released a list of the new chairs of House committees, noticeably replacing the chairs of the Judiciary Committee and the Homeland Security Committee. Even though no drastic change is anticipated, some change may take place down the road. We will watch what impact it will have on the immigration policies and directions in the new 113th House of Representaitves.

11/27/2012: USCIS Teleconference to Discuss Use of Interpreters in Local Field Office Interviews

• This teleconfence is scheduled on Tuesday, December 11, 2012 from 2:00 p.m. – 3:30 p.m. (Eastern) to discuss the use of interpreters in USCIS domestic field office interviews. To participate and for other details, please click here.

11/27/2012: Surprise and Surprise, ACHIEVE Act Bill (Republican Version of DREAM Act) Introduced in the Senate Today, but Not by Senator Marco Rubio!

• Everybody thought this bill was a baby of Senator Rubio, but today this bill was introduced in the Senate by two retiring Republican Senators of Hutchison (TX) and Kyl (AZ). Report indicates that notably absent from the list of sponsors of the legislation was Sen. Marco Rubio (R-Fla.), who had worked with Hutchison and Kyl on the bill for six months. The senators said Rubio had been talking with a number of constituencies on immigration legislation and wasn’t yet ready to sign off on a bill. Hmm............................................ It Ain't Interesting?!
• Summary of the bill. According to a report, Senator Marco Rubio would rather introduce a permanent solutions reform bill later.
• S.3639, cosponsored by Senator Jon Kyl of Arizona and Senator John McCain of Arizona.

11/27/2012: Some Thoughts of Realistic and Workable Immigration Reforms for the Leaders of Congress and the President

• This reporter discussed earlier that any realistic and workable immigration reforms must be derived from balance of power between the two parties within the framework of national interest and fundamental principles that have formed a foundation for immigration system in this nation. Otherwise, the nation will repeat failure of comprehensive immigration reform and suffer from political games and rhetoric for interest of political parties rather than the the interest of the nation and people. The immigration reform should start from the basic concept of "overhaul" of the current immigration system within the foregoing guiding principles and goals. The leaders do not have to go too far to collect such thoughts because over the years, innumerable ideas and proposals have been presented and debated without the foregoing guiding principles and purposes. Current leaders may salvage some of those thoughts and proposals to work out the nation's new immigration system.
• This reporter wants to review some of the thoughts which the political leaders may want to think about to achieve the balance of power between the two parties and keeping fundamental principles and foundation which our forefathers have laid out for overall framework of the nation's immigration system.
  • Legalization of undocumented immigrants: It appears that the leaders, particularly after the November 2012 election, appear to be moving towards a consensus that the legalization should be seriously considered one way or another. The question remains "in what form and what direction." There have been floating around the statistics of undocumented immigrants in this country. Conservative figure is 11 million and liberal statistics is 20 million. These numbers will drastically redraw political landscape within next decade - pro-Democrat, so-to-speak. No reasonable person will assume that the Republican leaders and constituents will agree, under any circumstances, to immediate grant of permanent resident statuses to these undocumented immigrants. To be realistic, there have been discussions among both Republicans and Democrats an option of legalization of these immigrants with an opportunity to seek permanent resident status under the nation's immigration system, to wit, they will have to find their way under the family or employment-based or other immigration routes just like any other new immigrants. Their applications for the permanent resident statuses should also be determined by the rule of first-in and first-out in the immigration lines, the rule which is called "priority date" in the current immigration law. This option will also assure fairness to the "legal" immigrants who have been waiting in the long lines years and years. This option will affect the Republican's power to a minimum from the point of number of eligible voters for the next decade, and other than extremely ultra conservative right wing section which is minority in the current political landscape, most of the mildly right and middle of the road Republicans are likely to agree to.
  • The foregoing legalization principle will not work unless the leaders work out workable border protection because it will repeat the same history down the road.
  • Family-based immigration system may have to be restructured under the basic guidelines and goals for realistic and workable option. Family unification has been founding principle for this nation of immigrants, but the current family-based immigration system is somewhat archaic considering the changes in the concept of "family" over the decades. There are plenty of proposals from both sides of the aisle for this reform in the Congress, and the current leaders and major players of the immigration reform should work out reform in this part of the immigration system towards maintaining balance of powers between the two parties.
  • Employment-based immigration system must be completely overhauled. The world has changed during past century through the industrialization revolution and the global age. Current system has turned literally archaic to the level of "smelly." Let's talk about the EB-1 immigrants. We are living in a global world and hi-tech and cyber space. It is indeed ridiculous that the nation imposes a restriction to this level of immigrants by quota numbers. Why? We do not want Einstein any more? We do not want Olympic gold medalists any more? This nation desperately needs this level of immigrants. In fact, this nation must work out a device to indiuce and invite this level of immigrants to this country to enrich every sector of this nation across the board for the sake not only for a decade but decades and centuries. This is the most ridiculous part in the current employment-based immigration system. It does not end with the extraordinary worker EB-1A provision. The same goes with Outstanding Researcher & Teachers EB-1B as well. What about EB-1C multi-national corporate executive or manager immigration? We are living in a global economy. Restriction of these immigrants is another smelly part of the current immigration system. Just take out the whole EB-1 immigration from the quota system. The country of immigrants should always need in-flow of such top notch immigrants to enrich this nation!
  • EB-5 immigrant investors. This is another ridiculous provision in the law when the nation is eager and desperate to attract foreign investment and talented entrepreneurs to keep the nation's edge in economic competition with other nations. Why impose quota? Quota must be removed for these immigrants. Currently, the U.S. government, including USCIS, has been using incredible amount of resources and funds for promotion of these immigrants. How contradictory and archaic the current law is. EB-5 immigration has to be changed to a permanent program and without quota.
  • STEM EB-2 immigration: This is one of the areas which is strongly supported by both parties. The businesses of the nation and higher learning institutions are desperate for change in this part of immigration law. Again, immigration quota should be removed either to attract or retain these critical foreign talents.
  • Non-STEM EB-2: This reporter recalls a prediction by certain political leaders and immigration lawyers about 15 years ago that the country's employment-based immigration system will move toward direction focusing on the EB-2 considering changing world and economy. The allocation of immigration quota for these immigrants should be focused in the new overhauled immigration system.
  • Changes in the criteria of quota system: One of the flaws in the current employment-based immigration system is count of quota numbers including spouses and children of the primary foreign workers. It is unrealistic any talented foreign workers will consider immigrating to this country without their spouses and children. When the law considers the number of foreign workers the country wants to accept or even invite, the law should just count the foreign workers in determination of quota, and the spouses and children should be immigrated literally as follow-to-join or accompanying family members.
  • The foregoing changes will keep the balance of power between the Republicans and the Democrats, assuming that the businesses and foreign workers are pro-Republican and legalized immigrants are pro-union and pro-Democrat. However, the labor union should also be realistic for their power base. The legalization proposal will add power to the unions, and the unions should accept pro-Republican employment-based immigration reform as well for them to be realistic. The union power will not be lost except that some unions in certain specific sectors may be affected. However, in the bargain, compromise, and negotiation processes, one should expect that there are always losers and winners. The point is that such sector interest should not override the interest of the nation and the people. We all should remember that without give-and-take, the nation will never see a reform in such a critical issue as immigration reform. The President should lead and draft the Comprehensive Immigration Reform bill, hopefully with due consideration given to the foregoing goal of balance of power, as soon as possible.

11/26/2012: USCIS Reminder for Haitians on Deadline of TPS Re-registration on 11/30/2012

• USCIS has just issued a reminder that eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who currently have TPS must re-register for TPS by November 30, 2012. Failure to re-register by this deadline may result in the loss of your TPS status. If you re-register after November 30 2012, you must provide good reason you could not re-register on time such as hardship due to Hurricane Sandy.
• Please read the full text of the reminder.

11/26/2012: DHS Notice of Privacy Act System of Records Update

• This notice show what kinds of information are contained in the DHS Privacy Act System of Records. This notice will be published in the federal register tomorrow.

11/26/2012: Reminder of Visa Interview Waiver Program in India Since 11/19/2012, Including Individual L-1A/L-1B and H-1B/H-4 Visa Renewals

• As the nationals of India are aware of, the American mission in India initiated, effective last Monday 11/19/2012, the Interview Waiver Program for certain nonimmigrants applying for extension/renewal of the visas, including (1) children up to age 14, (2) students returning to the same school and same program, and (3) H1-B and individual L1-A or L1-B visa renewal.s may be eligible for the Interview Waiver Program. For the details of eligibility and step-by-step procedure to apply for the visa renewal for these groups fo people, please click here. See also announcement.

11/26/2012: USCIS I-140 Processing Statistics at the End of September 2012

11/26/2012: USCIS EB-I-485 :Processing Statistics at the End of September 2012

11/25/2012: Still Lot of Talks Through Media and No Sign of CIR Action in Progress

• Since the election, media spaces have been crowded with spinning talks of immigration reforms by both party leaders. Additionally, there are sporadic activities by some Republican legislators to introduce pieceemeal immigration reform bills with no assurance of passage at all during the Lame Duck or early next year. But there is no sign that anyone is actually and seriously working on a CIR bill as of yet. Legislators keep talking "early next year" or "within next year," or other vague and no solid" time line commitment. The White House is also not showing any sign as to exactly when and how the CIR will be presented. Now, media start talking that fiscal cliff issue will completely occupy the Congress and the White House not only during the Lame Duck but also early next year. Probably true. As we reminded it before the election, the President should show a clear commitment this time around. A Reuters news report of the following statement of a House aide should be taken as an important advisory for the White House: "A House Democratic aide, who asked not to be identified, complained that Obama, when it came to immigration reform, "for the most part sat back and told Congress to work it out and 'I'll give a speech.' He's going to have to be more hands-on" this time around." Chicago Sun-Times puts it another way: "Let’s hope President Obama heeds the advice of Speaker Boehner and strikes while the iron is hot, putting forth a comprehensive plan to secure our nation’s borders while offering legal status — and a real chance of citizenship — to some 11 million undocumented workers, students and children." Another lesson can also be learned from Senator Marco Rubio who had publicized on and on his plan of introduction of his version of DREAM bill a way before the national election and then stricken hard by the President's announcement of implementation of so-called DACA program on 06/15/2012 and failed to "seize his moment," contributing also in part to the candidate Romney's failure to chip off some of the Hispanic voters in the election.

11/24/2012: STEM Jobs Act Likely to Face a Same Destiny Which Was Witnessed Before the Election

• Report indicates that this bill will indeed be put up for a vote on Friday 11/30/2012 as this reporter suspected. The report also confirms our suspicion that there was no process of compromise and negotiation between the Republican and Democratic leaders for this bill to be reintroduced as reflected by strong opposition against this bill by the key Democratic Congresswoman, Zoe Lofgren in the House. The struggle between the Republican and Democratic parties appears to be an ideological difference on recognition and retention of value of diversity as the country's fundamental principle of immigration system, to wit, Republicans want to leave the flow of new immigrants opened to the demand of market for the high skilled foreign labor forces, while the Democrats want to preserve the decades' old value of diversity in immigration. This difference between the two parties is very fundamental and steep in that there are two different political constituent communities in this country that can determine tip of scale for power between the two parties. Since the concept of diversity will bring a fundamental and long-term print, foot-hold, and destinity for each party, the struggle transcends the difference in ideology or ethnic or emotional issues and it is not easy for the party strategists to reach a reconciliation or compromise. The fate of H.R. 3012 and other employment-based piecemeal immigration reform bills, including the upcoming STEM Jobs Act bill, vivdly reflects such struggle between the two parties behind the legislative process. Unless the leaders find a wisdom to delicately balance these differences and conflicts in interest, the country will not be able to achieve any immigration reform, no matter whether it is a piecemeal or comprehensive reform in formats. The key will lie with "compromise" that will guarantee the balance of power between the two parties. Any bills that would not guarantee such balance will be destined to fall in American political process.

11/21/2012: House Floor Scheduled to Take Up STEM Jobs Act on Wednesday (11/28/2012) Rather Than Friday Next Week

• This bill is H.R. 6429. This bill will be presented with amendment. The voting may be scheduled on Friday, even though it is not clear at this time.

11/21/2012: International Students, Today is the Last Day You Can Get Stamp on Your I-20 for F/M Visa Students and DS-2019 for J-1 Students

• How long will USCIS offer to stamp the Form I-20 and the DS-2019? Although a stamp is not required, USCIS is providing a six-month transition and will continue to stamp the Form 1-20 and the Department of State Form 2019 through Nov. 21, 2012. Additional question on the transition regarding I-94 transition issues, please see the Q&A.

11/21/2012: U.S. Mission in India "Expands" Interview Waiver Program for Indian Nationals

• American Consulates expands the initial interview waiver program which was initiated in India in March 2012 to the following cases:
  • Children applying before their 14th birthday traveling on any visa class
  • Students returning to attend the same school and same program
  • H-1B worker visas
  • L-1A or Individual L-1B worker visas
• The renewal application must be within the same classification as the previous visa. If the previous visa is annotated with the words “clearance received,” that applicant is not eligible for a waiver of a personal interview.
• Not all applications will be accepted for streamlined processing. As always, consular officers may interview any visa applicant in any category. Applicants who are renewing their visas may still need to make an appointment for biometrics (fingerprint and photograph) collection, and all applicants must submit all required fees and the DS-160 application form. For additional details, please click here.

11/20/2012: Rep. Lamar Smith Reportedly Plans to Reintroduce STEM Jobs Act Bill Next Friday With a Minor Revision

• Report indicates that Rep. Lamar Smith (TX), Chairman of the House Judiciary Committee, is scheduled to reintroduce this bill adding a provision that family members of the backlogged STEM immigrant waiters be issued a nonimmigrant visa to join the principal alien while they wait for the visa numbers. Readers may recall that this bill was introduced at the last minute before the recess in the form of suspension of rules that required two thirds votes to pass the bill and failed. The report indicaes that the Congressman plans to reintroduce this bill this time around under regular order that needs only majority votes to pass it. Since Republicans take majority seats in the House, it is predicted that this bill may pass in the House during the Lame Duck session. However, there is no indication that this bill will be able to make it in the Democratic majority Senate before the 112th Congress sunsets at the end of the year. Unless the Democrats, particularly President Obama, initiates the comprehensive immigration reform legislation process quickly, Democrats are expected to suffer from the apparent Republican strategies of introducing various piecemeal immigration reform bills, which may distract call for the comprehensive immigration reform process. Readers are aware that Republican Senator Rubio is reportedly to introduce so-called ACHIEVE Act which is quite different version from the tranditional DREAM Act. The Lame Duck session will have only about two weeks including holidays and thee are only very limited number of days left before the Lame Duck session ends.

11/19/2012: USCIS Expanded e-Request Services, Including 'Status Request' Online Rather Than 800-Number

• USCIS has expanded the services offered by its e-Request system. This Web-based tool allows customers to inquire about applications and petitions submitted to USCIS. Effective today, the agency made the following enhancements to e-Request:
  • Create a service request for all forms to either inquire about the status of your application or petition if it is outside of the normal processing time OR notify USCIS about an administrative error in a notice or document the agency sent you.
  • For Forms I-90 and N-400 only, you can inquire about an Application Support Center appointment notice or other notice you were expecting to receive.
  • Accessibility to individuals with disabilities (section 508 compliant).
• To submit an e-Request, please visit the USCIS e-Request home page and have your receipt number available. For details of the e-Request Services, please click here.

11/19/2012: Office of Foreign Labor Certification Releases Disclosure Data Update for 4th Quarter 2012

• Programs (July - September 2012)
  • PERM
  • H-2A
  • H-2B
  • LCA
  • Prevailing Wage Determination
• Disclosure data allow access to data for this period.

11/19/2012: USCIS Updates DACA FAQs, Filing Tips, and Guidance for Employers

• Guidance for DACA Employers, including I-9
• Filing Tips Update: What You Need to Know: Filing Tips for Deferred Action for Childhood Arrivals
• How to Apply in Foreign Languages:
  • English
  • Spanish
  • Chinese
  • Korean
  • Tagalog
  • Vietnamese
• FAQs in Foreign Languages:
  • Frequently Asked Questions English (PDF)
  • Frequently Asked Questions Spanish (PDF)
  • Frequently Asked Questions Korean ( PDF)
  • Frequently Asked Questions Portuguese ( PDF)
  • Frequently Asked Questions Tagalog ( PDF)

11/19/2012: Permanent Labor Certification (PERM) Processing Times Update as of 11/05/2012

• Analyst Review (Clean Case): 09/05/2012
• Audit Cases: 04/30/2012
• Reconsideration Request Cases: 10/15/2012 Reader may visit the OFLC site.
• Government Error Reconsideration Cases: Current

11/18/2012: Time to Implement H-4 Spouse Employment Authorization Plan in the USCIS Rule-Making Agenda

• As an incentive to retain skilled foreign professionals that the country needed to sustain the economic edge in the international competition, the USCIS planned an administrative fix to authorize the employment for the spouses of H-1B professionals. This plan is supposed to give benefits to the H-1B families as well as the country. From the perspectives of H-1B temporary foreign workers, this issue involves a number of issues for the family as well as the spouses. Typical H-1B foreign professionals are mostly in the twenties and some in thirties in ages. Most importantly, most of their spouses are college graduates who have their own professional careers. The forced full-time house wife statuses have created a serious problems, including the boredom of the forced unemployed spouses, not to mention a forced compromise of their own careers for not being able to continue their careers through employment. Unemployment leads them to face failure in updating their skills and knowledge and in the long run, they will have to lose their opportunity to continue their careers. This adds the mental and emotional stress for the professional spouses, not to mention a forced isolation in a foreign land without close relatives, friends, and neighbors. In the worst cases, this has been creating a marital problem. Because of such problems, some of the H-1B high-tech professional foreign workers had to return to their home countries to salvage their families as well as the spouses's careers. The issue is commonly misunderstood as family income issues. The real issues involve much more serious ones for the family and professional careers of the spouses. Implementation of employment authorization policy will help resolve these issues for the H-1B professionals and the H-4 spouses. As for the benefit to the country, obviously as the USCIS appropriately recognized in the plan, H-4 employment will help to retain the needed highly skilled foreign workers in this country. Since the spouses are mostly young and professional in their own rights, their employment authorization will be able to contribute to this country in many different ways which do not need elaboration here. In other business and skilled foreign worker nonimmigrant visa legislations such as L-1 multi-national corporate executies, managers, and specialized knowledge workers, J-1 foreign exchange visitors, etc, the law has accomodate this issue to relieve the primary foreign workers from such family issues and spouses' career issues. Somehow, however, the law has failed to extend the idential consideration in the case of H-1B highly skilled foreign workers visa for unknown reasons.
• For the foregoing reasons, this reporter strongly urges the Obama Administration to implement this program as soon as possible, the program which has been on its rule-making agenda for over a year!

11/18/2012: Sign of Rise of DACA Applications by DREAMers

• As we reported earlier before the election, a large number of potential DACA DREAMer population were initially hesitant to come out of the closet to apply for the DACA benefits when it was announced on June 15, 2012 because of Romney's initial stance of self-deportation and refusal to accomodate the President's initiative to give a relief, albeit limited in scope, to these DREAMers. As the election day was inching away, he changed his stance and announced his position on DACA applicants that he would not deport those DREAMers who had been granted DACA approvals. This helped some of the DREAMers come out of the closet and applied for the DACA benefit right before the election day. This is reflected in the new DACA statistics which was released by the USCIS on 11/16/2012. However, the turnout was only about 20% of the estimate total potential pool of DREAMer population of 1.7 million and majority of the DREAMers were hesitant to come forward before the election because Romney did not make a commitment to extend the DACA benefits which had been granted to those who had come out of the closet. Since DACA benefit was good only for two years, there still remained a serious fear factor, should Romney be elected, that they could still be deported after two years of DACA approval.
• However, now Obama has been reelected and all the fear factors have been removed and evaporated. According to a report, there is a rise of potential DREAMers coming out of the closet after the election. Another factor that would trigger further rise of DACA applications involves a thought that either DREAM Act or Comprehensive Immigration Reform Act (CIR) may be enacted in 2013 and those who have been granted a DACA benefits may be in a better position in the green card path under either of these potential legislations because they have already passed and been cleared of security or criminal or other adverse factors. Additionally, DREAM Act or CIR Act will, without doubt, accomodate this group of population in the proposals. Rising hope for enacting CIR or DREAM Act in 2013 from both aisles of the Congress is likely to accelerate the flow of outpouring of DACA applicants ahead.
• The political process, however, should not alienate "legal" immigrants, particularly employment-based legal foreign talents. In order to arrive at national consensus for immigration reform in a broad spectrum, the leaders should not ignore the needs of the businesses and research communities. The option of DREAM Act may lead to alienation of the business and academic communities and legal immigrant communities. Accordingly, the legislators should focus on Comprehensive Immigration Reform rather than DREAM Act to reach a national concensus accomodating both the right and the left. One of the key components of the CIR has traditionally included employment-based immigration reform. The broken employment-based immigration system has currently reached a level of state of being choked, calling for its repair very urgently. For the foreging reasons, this site opposes some of the late Republican legislators' move to limit the reform to so-called DREAM Act with their alleged proposal to push asidet the CIR for the farther future in time. Such move can be misconstrued as an attempt to block immigration reform by splitting immigration reform issues and immigration reform communities. The Year 2013 should truly give an opportunity for the nation to fix the broken immigration system in broad and comprehensive perspectives.

11/17/2012: House also Adjourned Until 11/27/2012

• The Hill will be quiet for almost next 10 days. When they return, they will have just a few days to wrap and pack things up before they leave for the Christmas Eve and Auld Lang Syne! There then will go cultain-down for the 112th Congress with Adieu and sigh.

11/16/2012: USCIS Director to Present/Discuss on Monday DACA Engagement Teleconference

• .USCIS Director Alejandro Mayorkas and other senior Department of Homeland Security (DHS) officials will hold a stakeholder conference call on Monday, November 19 at 11:45 am (Eastern) to discuss deferred action for childhood arrivals. During the teleconference, Director Mayorkas will provide updates on the process by which certain young people who came to the United States as children may request deferred action and take questions via phone, email and Twitter. If you would like to submit questions in advance, please email the Public Engagement division at public.engagement@uscis.dhs.gov or submit questions via Twitter to @USCIS.
• To Participate in the Teleconference, Call 20 minutes before the teleconference on 1-888-324-7513 and give Passcode of DHS.

11/16/2012: USCIS DACA Processing Update as of 11/15/2012

• The following show total receipts and approvals as of 11/15/2012. This update also shows the applicants by country.
  • Total Received: 308,935
  • Approvals: 53,273
• The following is the trend.

As Of	Receipts Total	Bio Scheduled	Review Ready	Approvals
11/15/2012	308,935	273,203	124,572	53,273
10/10/2012	179,794	158,408	6,416	4,591
09/13/2012	82,361	63,717	1,660	29

11/16/2012: The Consular Section of the U.S. Embassy in Tel Aviv, Israel Closed Today, November 16, 2012 for Passport & Visa Appointments

11/15/2012: Hurricane Sandy Affected USCIS Field Offices That Had Been Closed Are Now All Opened

• USCIS advises that now all of these offices are opened. The USCIS has released the following information:
  • Applicants that were scheduled to appear at an ASC that was closed on October 29, October 30, October 31, November 1, November 2, November 5, November 6, November 7, November 8, November 9 or November 13 will be rescheduled. If you are an applicant that was processed at an ASC after your previously scheduled date of October 29, October 30, October 31, November 1, November 2, November 2, November 5, November 6, November 7, November 8, November 9 or November 13, you do not need to report to the ASC for a second time and can disregard this rescheduling appointment.
• Please see the USCIS update.

11/15/2012: U.S. Senate Takes Thanksgiving Holiday Recess From 11/16/2012 Until 11/26/2012

• Yesterday, the Senate passed a conditional S. Con. Res. 60 (Conditional Adjournment Resolutions) went to recess from 11/16/2012 to 11/26/2012 on the following terms:
  • If the House does not pass S. Con. Res. 60 (Conditional Adjournment Resolution), the Senate will meet on the following days for Pro Forma sessions only:
    • Friday, November 16, 2012 at 9:30 AM
    • Tuesday, November 20, 2012 at 12:00 PM
    • Friday, November 23, 2012 at 3:00 PM
  • If the House does pass H. Con. Res. 60 (Conditional Adjournment Resolution), there will be no Pro Forma sessions of the Senate. The Senate will next meet to conduct business at 2:00 PM on Monday, November 26, 2012. At a time determined by the Leaders, the Senate will resume consideration of S.3525 (Sportsmen’s Act of 2012). It will be in order for Senator Sessions or his designee to recognized to make a Budget Act point of order with respect to the bill. Subsequently, it will be order for Senator Reid or his designee to move to waive the point of order. At 5:30pm, all post-cloture time on the bill will be considered expired. The Senate will then proceed to up to two roll call votes on the Motion to waive the Budget Act with respect to the bill and final passage of S.3525, as amended by the Tester substitute amendment #2875.
• Thus once the fiscal cliff is resolved in the House, it is likely that the Congress will close the Lame Duck session and will not return to the Hill until next year after taking care of S. 3525 bill. Please stay tuned for any further development.

11/15/2012: We Urge President Obama to Initiate the President's Own CIR Bill Rather Than Wait for CIR Bills Initiated by the Congress

• Report indicates that the President released to media his plan to work on CIR soon after his inauguration ceremony but reportedly refused to answer reporter's question as to whether the White House itself would draft and present his own bill to the Congress. As this reporter urged it before the election, the President should present his own bill this time around, after pulling together the proposals of both party leaders. This reporter was disappointed with the contents of the CIR bill which was drafted and presented to the Congress by the former President Bush, but his move at least demonstrated his real commitment to the CIR.

11/15/2012: Sources of Information of State and Federal Incentives and Investment Opportunities for Foreign Enterpreneurs and Investors

• The country is focusing on growth of small businesses and there are many immigrants who seek investment opportunities for immigration as well as some incentives offered by states and federal government. The SelectUSA is the website that will provide a helpful information for such investors. This reporter encourages such investment-minded immigrants to try navigating this website.

11/15/2012: USCIS ELIS Maintenance Outage Scheduled on Nov. 17 & 18

• For maintenance and updating of the system, the site will not be available from 5:00 am to 1:30 pm on 11/17/2012 (Saturday) and from 5:00 am to 7:00 pm on 11/18/2012 (Sunday). Those who face deadline for filing of the involved I-539 applications should keep in mind this system outage during this weekend.

11/14/2012: USCIS Schedules Quarterly Teleconference on Intergovernmental Affairs on 11/27/2012

• The subjects to cover:
  • SAVE
  • E-Verify
  • Transformation
  • TPS for Haiti and Syria
  • Other areas of interest.
• Those who are interested in participating in this teleconference should check the details.

11/14/2012: USCIS Releases 10/04/2012 Updated EB-485 Inventory Data

• This data is very important for the employment-based immigrants to figure out where their individual cases are located and how many EB-485 cases are pending ahead of the individuals. You can do this because inventory statistics go by the priority date rather than filing date. Hence, you will have to go to the category of country, type of preference (EB-1 or EB-2 or EB-3), and your priority date. And then add up all the numbers before your priority date cases, which will tell you how many cases are ahead of you. This information will help you to figure out roughly how far you are away from the visa cut-off date in the monthly visa bulletin. Once your number becomes current, then you go to the USCIS monthly processing times report which reports by the receipt date rather than priority date to learn how long it will take for the Service Center to approve your case. Accordingly, when your pirority date is not current, the USCIS monthly processing time report is irrelevant. During the time when your priority date is not current, the important report is EB-485 Inventory Data Statistics and Month Visa Bulletin, and not USCIS montly processing time report. .Check it out!

11/14/2012: USCIS Schedules a Teleconference on 12/05/2012 on "National Spanish-language Engagement - A Conversation with USCIS"

• Since presentation and discussion will be conducted in Spanish language, this teleconference audience should be limited to Spanish speaking people. Please click here for the details.

11/14/2012: Evangelical Letters of 11/13/2012 to President and Leaders of the House and the Senate Giving 92 Days to Tackle Immigration

• Since the election on 11/06/2012, political leaders of both parties and immigration advocates have been all over in the media spinning immigration reform message to allure Hispanics. Thus far, all these messages have remained in the spinning of wheels. The primary Hispanic television, Univision, media report is somewhat different in that Evangelical leaders have set a time line of 92 days for the political leaders to act and not just to talk and talk. 92 days means February 15, 2013. Since the Presidential inauguation is scheduled at 02/20/2013, this religious leaders message should send him to a strong message. The letters laid out six principles:
  • Respects the God-given dignity of every person
  • Protects the unity of the immediate family
  • Respects the rule of law
  • Guarantees secure national borders
  • Ensures fairness to taxpayers
  • Establishes a path toward legal status and/or citizenship for those who qualify and who wish to become permanent residents
• We will see how these letters will play out. Year 2013 is a leap year when there will be no national elections and for the reasons, a leap year is considered a best year to pass any legislations in a less politically charged environment. Same goes with immigration reform bills, no matter whether they are piece-meal or comprehensive immigration reform legislations. This is one of the many reasons why hopes are high for immigration reforms coming year. The 112th Congress will sunset at the end of year and all the pending bills will die with the close of the Congress. Depending on the negotiation for fiscal cliff matter, the ongoing Lame Duck session can be very short or very long. Taditionally, when there is change of Presidency, the Congress witnesses a passage of lots of "last minute" politically charged bills in the form of unainimous consent. Since there will be no change with the occupant of the White House next January, it is anticipated that only a smaller number of non-controversial and non-politically charged bills are likely to make it in unanimous consent fashion this year.

11/10/2012: Senior Republican Senator John McCain Reportedly Supports Comprehensive Immigration Reform

• As we reported earlier, there is an indication that the Republican leaders start showing their support for the CIR, obviously as affected by the results of the election, changing the landscape for the CIR. Sen. John McCain was a sponsor of CIR years back and is coming back to his moderate position in the CIR. It is indeed a positive news. Changes in the political environment adds a political pressure on the President to "initiate" the process and not just sit and act as a conciliator. Read Rep. Luis Gutierrez's demand.

11/09/2012: USCIS Alert: Case Status & Other Customer Relationship Information System Sites Unavailable Sunday, Nov. 11, 2012, 8:00 a.m.to 8:00 p.m. EST

During this time, the following on-line tools will be unavailable:

Check My Case Status
Sign-Up for Case Status
Check Processing Times
Change of Address Online
Civil Surgeon Locator
e-Request
Office Locator

11/09/2012: OFLC Extends Special Relief for Sandy Hurricane Victims Relating to the Labor Certification Process

• The Office of Foreign Labor Certification has released announcement and Q&A for relief available for those who suffered from the Sandy Hurricane and faces problems and delays in labor certification process. On behalf of the employers and the beneficiary, we wish to extend profound appreicate for the leaders of OFLC exercising such critical discretion to victims of the Hurricane in the upper East Coast.

11/09/2012: Immigration Court Practice Manual Changes and Updates

• The Office of the Chief Immigration Judge has just released changes and updates with the Immigration Court Practice Manual.

11/09/2012: iCERT and PERM Online Filing Systems Outage Alert

• DOL has announced that the iCERT and PERM online filing will be unavailable from 8PM ET on Thursday, November 15, 2012 to 6AM ET Friday, November 16, 2012 for routine maintenance.

11/09/2012: Republican House Speaker, Rep. Boehner Opens Door to ‘Comprehensive’ Immigration Reform

• There we go! CIR may be in full swing in 2013. In fact, Democrats intends to begin immigration reform effort soon after the Presidential inauguration, which is February 20, 2012, according to a report.

11/09/2012: USCIS Statistics at the End of September 2012 of New Receipts and Pending N-400 "Naturalization Applications"

11/09/2012: USCIS Statistics at the End of September 2012 of New Receipts and Pending "Immigration Applications"

11/09/2012: CBP Making a Interim Final Rule to Include Electronic Format for the Definition of I-94

• The CBP initiated a process changing the role of an important admission document, I-94 and its definition. Details have yet to be released but the CBP submitted its Interim Final Rule to the OMB to include electronic form in the definition of I-94. Please stay tuned.

11/08/2012: State Deparment Latest Message for FY 2013 DV Lottery Registrants

• DV 2013 Program: Entrants from DV 2013 (those who submitted entries during the registration period between October 4, 2011 and November 5, 2011) are requested to check the status of their entry now using their confirmation number through Entrant Status Check (ESC) on the E-DV website, if they have not already. Checking ESC promptly is important for selectees, to provide ample time for next steps in the Diversity Visa application process. ESC continues to be available to entrants through September 30, 2013.
• Review more about Entrant Status Check and Selectee Notification below. See the notice.

11/08/2012: State Department EB Demand Data of 11/08/2012 That Determined December 2012 Visa Bulletin EB Cut-Off Dates.

11/08/2012: Result of November Election Changes Political Landscape for Comprehensive Immigration Reform in 2013

• The wide card for a broad comprehensive immigration reform has been held by the Republican party and the result of the November election appears to bring a momentum for the Republican party to review their political strategies for their future and the Republican members of the Congress may witness a division when it comes to the comprehensive immigration reform. The Congress will be under a tremendous pressure to initiate the comprehensive immigration reform process early next year as revealed by Senator Harry Reid, Majority Leader of the Senate, and a number of Republican legislators in both Houses will face a pressure to participate in the process. Obviously, no immigration reform legislations will be taken up and passed during the Lame Duck session when they return to the Hill next week as they will totally be obsessed with the resolution, in one way or another, of fiscal cliff issues, the foremost and top emergency issue for the political leaders of both parties and for the nation at this time.

11/08/2012: Yes, Final Rule of Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives Presented to OMB for Clearance!

• This stateside processing rule of I-601 waiver was promised by the USCIS to be implemended by the end of 2012. Yesterday, it was presented to the OMB for clearance for publishing in the federal register. Promise kept. The election is also over. No more political fall-out factor for implementation of this rule. Thank you, USCIS.

11/08/2012: USCIS Schedules a Series of Special Naturalization Ceremonies to Celebrate Veterans Day 2012

• 11/6 USS Midway San Diego San Diego, CA
  11/8 USCIS Manchester Field Office Bedford, NH
  11/8 Carlisle Barracks, AHEC Carlisle, PA
  11/9 USCIS Tampa Field Office Tampa, FL
  11/9 Carolinas Freedom Foundation Breakfast, Blake Hotel Charlotte, NC
  11/9 Joint Base Lewis-McChord Seattle, WA
  11/9 U.S. District Court Portland, ME
  11/9 U.S. District Court Phoenix, AZ
  11/9 Pima Air and Space Museum Tucson, AZ
  11/9 Nellis Air Force Las Vega, NV
  11/9 Ulyssess S. Grant National Historic Site St. Louis, MO
  11/9 Soldiers and Sailors Memorial Hall land Museum Pittsburgh, PA
  11/9 District Court of Guam U.S. Courthouse Hagatna, Guam
  11/9 Actor's Theatre of Louisville Louisville, KY
  11/9 United States Courthouse Rochester, NY
  11/12 Celebration Golf Club Celebration, FL
  11/13 Fort Caroline National Memorial Jacksonsville, FL
  11/13 U.S. District Court Highland Avenue Jackson, TN
  11/13 USCIS Miami Field Office Miami, FL
  11/14 Cunningham Creek Elementary School St. Johns
  11/14 Wings Over the Rockies Air and Space Museum Denver, CO
  11/14 Women in Military Service for America Memorial Washington, DC
  11/14 Gerald R. Ford Museum Grand Rapids, MI
  11/14 Minneapolis US Federal Court Minneapolis, MN
  11/15 Campbell Heritage Campbell, CA
  11/15 Fort Sill Oklahoma Ft. Sill, OK
  11/16 Today Show "Live" from NYC New York, NY
  11/16 Chula Vista Field Office Chula Vista, CA
  11/16 Anchorage Field Office Anchorage, AK
  11/16 Dallas Field Office Irving, TX

11/08/2012: USCIS Policy Memorandum on Jurisdiction of Amended Home Studies and the Application of Home Study Age Restrictions for Prospective Adoptive Child(ren)

11/08/2012: USCIS Sandy Affected Field Offices Closing List Today, Thursday, 11/08/2012

• New York Manhattan, NY Application Support Center: 201 Varick Street, 10th Floor, RM103, New York, NY 10014
• Hicksville, NY Application Support Center, 87 Bethpage Road, Hicksville, NY 11801

11/07/2012: December 2012 Visa Bulletin

• Terrible for EB-2 China and India. China=10/22/2007 and India=09/01/2004. Good news is for EB-2 ROW=Current.
• State Department predictions for coming months:
  • FAMILY-Based (monthly)
    • Worldwide:
    • F-1: 3 or 4 weeks
    • F-2A: 4 to 6 weeks
    • F-2B: 3 to 5 weeks
    • F-3: 1 or 2 weeks
    • F-4: 1 or 2 weeks
  • EMPLOYMENT-Based (monthly)
    • EB-1: Current
    • EB-2:
      • Worldwide: Current
      • China: 5 to 8 weeks
      • India: no movement
    • EB-3:
      • Worldwide: 3 to 5 weeks
      • China: 1 to 2 months
      • India: up to 2 weeks
      • Mexico: 3 to 5 weeks
      • Philippines: 1 to 3 weeks
    • EB-4: Current
    • EB-5: Current* [*The following advisory is based strictly on the current demand situation. Since demand patterns can (and sometimes do) change over time, this should be considered a worst case scenario at this point. It appears likely that a cut-off date will need to be established for the China Employment Fifth preference category at some point during second half of fiscal year 2013. Such action would be delayed as long as possible, since while number use may be excessive over a 1 to 5 month period, it could average out to an acceptable level over a longer (e.g., 4 to 9 month) period. This would be the first time a cut-off date has been established in this category, which is why readers are being provided with the maximum amount of advance notice regarding the possibility.
    • The above projections for the Family and Employment categories are for what could happen during each of the next few months based on current applicant demand patterns. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time. Those categories with a “Current” projection will remain so for the foreseeable future, with the possible exception of the China Employment Fifth preference category mentioned above.

11/07/2012: Sandy Affected USCIS Field Office Closing List Today, 11/07/2012

11/07/2012: Anticipaed Surge of DACA Applications and USCIS Resources

• Yesterday's Presidential election result is a huge relief for DACA Dreamers. There appear to be a large number of DACA Dreamers who had been hesitant to come foward to apply for DACA benefits because of uncertainty of the result of the election. Now, since the President Obama is reelected, the uncertainty for those DREAMers who have applied for the DACA benefits and who have yet to come forward and apply for DACA benefits has disappeared. Considering the estigmte figure of 1.7 million potential beneficiaries, it is anticipated that there will be a huge new applicants coming out of the closets and filing the DACA benefits. One wonders whether the USCIS will have enough resources to handle such surge of applications within a limited period of time with its limited resources. Reportedly, the USCIS has been hiring new officilals for this program, but until enough resources are recruited and properly trained, the USCIS is likely to go through a stress in management of all different types of applications and petitions.

11/07/2012: Election Results and Direction of Immigration Reform

• Next Congress and the White House will practically see no changes: The second term President Obama in the White House, the Democratic majority Senate in the upper chamber of the federal legislature, and the Republican majority House in the lower chamber of the legislature. Unlike the first term, however, the President is likely to push very aggressively comprehensive immigration reform for two reasons: Firstly, this is a sort of mandate imposed on him in this election. Secondly, he will have nothing to lose from being aggressive because this is the last term he can run for the White House. What does this mean to the direction of immigration reform? Piecemeal immigration reforms, particularly employment-based immigration reform, are likely to face a steep uphill battle. Why? For the comprehensive immigration reform forces, piecemeal immigration reform legislation will weaken the chances for comprehensive immigration reform legislation. The results of this election have reinforced such dynamics. Advocates of employment-based piecemeal immigration reform should come to grips with the political reality and learn to work within the dynamics by realizing importance of negotiation and compromise rather than antagonizing other forces.

11/06/2012: Prevailing Wage Determination Processing Times as of 10/05/2012

Processing Queue	Request Date	Status
H-1B	August 2012	60 day Current
H-2B	September 2012	30 day Current
PERM	August 2012	60 day Current
	Submission Date
Redetermination	August 2012	Same Above
Center Director Rev	September 2012	Same Above

11/06/2012: Reagan Era DACA Beneficiary Now Running for a State Legislative Seat in California Reportedly Opposes DREAM Legislation?

• Interesting news on the election day.

11/06/2012: USCIS Field Office Closing Today, 11/06/2012

11/05/2012: List of USCIS Field Office Closing Today, 11/05/2012

• New Jersey - Hackensack Application Support Center
• New York, Queens Field Office and Application Support Center
• New York City, NY Field Office
• Hicksville, NY Application Support Center
• Manhattan, NY Application Support Center

11/04/2012: Victims of Sandy Natural Disaster and USCIS Posting of "Special Situation" That Requires Special Immigration Relief

• In a way, the Sandy Hurricane Natural Disaster is similar to the monstrous Hurricane Disaster in Luisiana years back and Japanese Nuclear Plant Disaster in the more recent past. When such a disaster develops, there tend to see some foreigners and their families who suffer from the disaster. One of the things they lose, other than property and total disruption of one's future plus desructions, immigration related documents and missing legal deadlines for immigration related obligations, etc. etc. Readers may share with this reporter the emotional pains and heart-break from watching horrible scenes on TV screens.
• The USCIS has just posted additional information for these immigrant victims, illustrating the kinds of relief or help the USCIS can potentially extend to them and what and how they have to seek such help. Please read the following links:
  • "Special Situations"
  • USCIS Reminds Japanese Nationals Impacted by Recent Disaster Questions and Answers (Nuclear Plant Incident)

11/04/2012: Anyone Selected on 10/22/2012 FY 2013 DV Addtional Winner Sections?

• Apparently, the Department of State completed this process because the DOS Diversity Immigration Program site has removed this follow-up selection availability information for the FY 2013 DV Registrants. There is no information available about the result of the additional selection. Readers who have been selected in the follow-up selection process may contact this reporter to confirm that there was indeed additional selection. Readers sharing this information will remain anonimous. Please send your information to our email address, ohlaw@immigration-law.com. Thank you for sharing this valuable information with your colleague registrants.
• In the meantime, we encourage the Department of State to release the follow-up selection results as soon as possible.

11/04/2012: USCIS National HQ Minutes of its Q&A Meeting with AILA on 10/09/2012

• USCIS-AILA liaison meeting minutes update the status of the USCIS policies and practices under the newly developing nonimmigrant and immigrant processing and adjudication issues. This latest meeting discussed the following topics which give helpful information and updates:
  • I-601 Stateside Inadmissibility Waiver Implement Plan and Schedule
  • NSEERS Violators and its Impact After Removal of the NSEERS List of Countries
  • CBP Practice Change on I-94 as Non-Primary Evidence of Admission to the Country and USCIS Policy on I-94 in I-9 Employment Verfification Registration
  • Question of Inaccurate Monthly Processing Times Reports of USCIS Website
  • Narrowed Standards for H-1B and L-1B Eligibility and Questions Relating Enterpreneur in Residence (EIR) Program
  • Adam Walsh Issues
  • I-140 Ability to Pay Evidence Requirement Issues
  • Schedule A EB-2 Immigration Issues for Physical Therapists
  • Sustainability of Family-Based I-485 for K-1 and K-2 in Situation of End of Marriage
• We thank the USCIS for making the liaison meeting minutes available for the customers (petitioners and immigrants). Readers may read the minutes to update their knowledge of changing immigration practice and policy of the USCIS on issues that are related to their situation.

11/04/2012: USCIS Local Field Offices Operation Directorate Minutes of Q&A Meeting with AILA on 10/04/2012

• USCIS Field Opertions Directorate had a liaison meeting on 10/04/2012 and released the minutes of Q&A at the meeting on the local field offices processing and issues. Since it involves local field offices, it primarily deals with issues and updates on issues other than employment-based immigration, such as family-based immigration, refugees, asylum, initiation of removal (deporation) proceedings, biometrics, etc. Petitioners and nonimmigrants and immigrants with such local field office proceedings will find this minutes very helpful and update their knowledge of changing local offices' immigration practices and policies. This minutes include Q&A on the following topics:
  • Issues of Initiation of Deportation Proceeding by Issuance of Notice to Appear (NTA) in NSEERS Cases
  • Issues of Initiation of Deporation Proceeding by Issuance of NTA on Denial of I-601 Waiver Applications Pending Appeal to the AAO
  • Sustainability of FB-485 for K-1 and K-2 Upon End of the Marriage
  • Issues of Adjustment of Status Following Termination of Conditional Resident Status
  • Issue of RFE, NOID (Notice of Intent to Deny) and Denial of Petitions or Applications
  • Recording of Interviews at Field Offices
  • Biometric Collection Processing Questions
  • Availability and Procedure of Expedited Advance Parole for Travel
• Most of the foregoing issues are generallly more dear and crucial to the immigrants than the national jurisdiction cases in that it touches on potential deportation and removal issues and consequences. This Q&A minutes will be able to give some insights and updates to these immigrants and their petitioners.

11/03/2012: Challenges for U.S. Employers Hiring L-1B Foreign Workers and U.S. Chamber of Commerce Letter to State Department Requesting Improvement

• According to the U.S. Chamber of Commerce, the record of 83 largest L-1B employers indicated that L-1B RFE rate in calendar year 2007 was only 17%, but the same for calendar year rate increased to whoppy 63%! Additionally, the denial rate in calendar year 2007 was only 7%, which went up to 27% in calendar year 2011. Facing this serious challenge for the members, the U.S. Chamber of Commerce wrote a letter to the U.S. Department of State on October 31, 2012 for improvement in the following areas in adjudication of L-1B petitions and L-1B processing by the U.S. government agencies:
  • 1. Avoid a one size fits all approach at the agencies reviewing L-1B petitions and applications. If there are standardized review questions that need to be used by officers making decisions, they must be differentiated between company types and types of L-1B requests. For example, an L-1B request by a company placing one of its staff at its own facility to use proprietary knowledge should not have the same review points as an L-1B request by a company transferring one of its staff members to its own facility to develop new product specifications.
  • 2. Extend and change officer training to reflect insights on current business practices. Business models in today’s global economy are not necessarily more complicated than previously, but they are different. The nagencies should partner with private sector businesses that engage in best practices to participate in and supplement already existing training programs with in-person presentations.
  • 3. Recognize that the use of technology pervades many occupations. The review and analysis by officers must avoid lumping together all sponsored employees who use computer analytics to perform their jobs. Failure to differentiate between the many different uses of technology in today’s economy obscures an accurate assessment of advanced or specialized knowledge.
  • 4. Eliminate the focus on numbers of similarly situated staff. When agencies determine if someone is a key employee with specialized or advanced knowledge, officers incorrectly are focusing on the number of employees in the global organization who “do the same type of work” without engaging in a relativistic, case-by-case analysis of the facts or business need. In some cases, if more than one person has a similar skill set, the agency states it cannot find specialized knowledge.
  • 5. Eliminate the focus on a standard of outstanding accomplishment. In determining where someone’s knowledge falls on the spectrum between “universally held” and “narrowly held,” officers are sometimes expecting evidence of the type required to confirm outstanding accomplishment (such as O-1 visa eligibility), for instance patents created as a result of the employee’s knowledge, published material about the employee’s work, or a high level of remuneration compared to others.
  • 6. Recognize legitimate business requirements. Consular posts and USCIS Service Centers give little or no weight to the company’s projects, products, research and development, testing, transitions after merger and acquisition, leadership or crossfertilization programs, or professional services contracts for which the beneficiary employee’s skill set is needed. Consideration of the specific, underlying business context would allow officers to validate whether the beneficiary’s knowledge is advanced or specialized.
  • 7. Eliminate de novo review on extensions or revalidations. In reviewing a petition extension or visa reissuance request for an L-1B worker, agencies give no weight to prior decisions for the same employee, working in the same job, for the same assignment, for the same employer, even where there are neither changes in circumstances, material error in the prior approval, or new evidence that impacts eligibility.
• For the full text, please click here.

11/03/2012: Further to the Temporary Relief of Earlier Posting, USCIS Adds the Following Considerations

• Where appropriate, USCIS may exercise its discretion to allow for delays in filing resulting from the hurricane. This may include, for example:
  • Assistance to those who have not appeared for an interview or submitted required forms of evidence. You may show how the disrupting event affected your connection to USCIS and your ability to appear or submit documents as required; and
  • Assistance to those who have not been able to respond to Requests For Evidence (RFEs) or Notices of Intent to Deny (NOID). USCIS will extend the deadline for individuals to respond to RFEs or NOIDs by 30 days. This will apply to all RFEs and NOIDs with a deadline of October 26 through November 26, 2012. During this time, USCIS will not issue denials based on abandonment of an application or petition.
• For the complete full text of Latest temporary relief announcement, please click here.

11/02/2012: USCIS Reminds the Immigrants of Potential Relief Available for Those Immigrants Who Are Affected by Sandy Hurricane

• USCIS reminds customers affected by Hurricane Sandy of certain U.S. immigration benefits or relief that may be available to them.
  USCIS understands that a natural disaster can affect an individual's ability to maintain lawful immigration status or obtain certain other immigration benefits. Eligible individuals may request or apply for temporary relief measures, including:
  " A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
  " Extension or re-parole of individuals previously granted parole by USCIS;
  " Expedited adjudication of off-campus employment authorization applications for F-1 students experiencing severe economic hardship;
  " Expedited adjudication of employment authorization applications; and
  " Assistance to Legal Permanent Residents (LPR) stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.
• We thank the USCIS for the important reminder for those immigrants who have suffered a devastating loss for their lives, including loss of all the documents and records.

11/02/2012: November 6, 2012 Election and Legislative and Rule-Making Agenda During Lame Duck Session

• Pending the November 6, 2012 election, both parties have been walking on a paper-thin ice road in legislative activities and rule-making activities for fear of walking on slippery slope with a potential impact on the election. The Congress has been in recess and the public no longer hear lousy quack, quack, quack from the legislators on the legislative strategies and agenda, again for fear of its potential impact on the Presidential election as well as State and local elections. As for the Obama Administration's immigration-related rule-making activities, it has been longer than six months that the Administration practically seized any substantive and procedural rule-making activities other than notices of non-controversial programs. Review of the proposed rules which were presented to the OMB of the White House for its approval has been repeatedly extended over and over. Wait a minute, that's it? Nope. The government has been releasing so-called semi-annual rule making agenda every six months to inform the public what and where the Administration is heading in terms of policies and practices. Guess what. The last semi-annual agenda which was released was "Fall 2011!" Hello, we are now moving into the winter of 2012! People should not blame the Obama Administration, though. This is the typical path the ruling government has been walking through in the election year.
• What about the Congress in Lame Duck session and the Administration rule making activities people can anticipate? You guessed it. Winning party in the Presidential election and the Congress usually want to stall any important legislations or rule-making until they take over the government, meanwhile the losing party will rush to pass legislations and make rules of its political agenda and platform to leave its foothold after it leaves from the power houses. Believe it or not, the election is only four days away!! Watch what happens after the election, ladies and gentlemen!

11/02/2012 USCIS Updates Processing Time Report with Posting Date of 11/01/2012 and Processing Time Determination Cut-Off Date of 09/30/2012

• The cut-off date for processing times determination has moved forward one month in the November 1, 2012 posting.
• H-1B Processing: (Target Time - 2 Months)
  • CSC: 2 months, except Change of Status from Other Nonimmigrant Status - About 4 months
  • VSC: Backlog since 05/07/2012 in all types of H-1B petitions.
• EB-485 Processing: (Target Time - 4 Months)
  • NSC 4 months
  • TSC: Backlog since March 2012
• I-140 Processing: (Target Time - 4 Months)
  • NSC: 4 months for EB-1 and Schedule A, Backlog for EB-2 since 05/16/2012 and EB-2 (NIW) since 05/12/2012. EB-3 is backloged since 04/16/2012
  • TSC: 4 months for all classifications.

11/02/2012: Number of USCIS Field Offices Closed Update 11/02/2012

11/01/2012: USCIS Releases New I-140 Form of October 1, 2012 Version and Current I-140 Form Not Acceptable Effective January 1, 2013

• See the new version I-140 form and instructions.

11/01/2012: Reminder of DV-2014 Immigration Lottery Online Registration Deadline: This Saturday, November 3, 2012 at 12:00 noon, Eastern Daylight Time (EDT)

11/01/2012: Update of Reopened and Closed USCIS Field Offices Affected by Sandy Hurricane as of 11/01/2012

10/31/2012: Chances of Comprehensive Immigration Reform (CIR) Post November Elections?

• The Voice of America reported its assessment of chances for CIR after this election based on the opinion of the former INS Commissioner, Ms. Meissner. Those who have followed the Presidential debates and their campaign speeches after the debates may agree with her assessment in a way. However, it will all depend on the results of the elections, not just Presidential election alone but Congressional elections as well. The real problem until now has been use of immigration reform as a soccer ball which has been kicked around by both parties purely for political purposes rather than bona fide efforts to achieve the reform. What is the evidence? Readers may review all the immigration reform bills, including employment-based immigration reform bills, to learn that each party introduced bills in a form which had no chance to be accepted by other party and other chamber of the federal legislature. The 112th Congress totally failed in compromise and negotiation process in the immigration reforms not only because of the gridlock in the Congress but also in some sense, because the motivation of the bills was dubious and suspicious all alone. Coming election in less than a week should change this reprehensive and deplorable political environment in the Nation's capital. Legislature should work for the interests of the people and not for the interests of the parties. It is hoped that the coming elections will be able to clean out some of the candidates whose record clearly reflects that they worked for the interests of the party only rather than the interest of the people. Should this election fail to achieve this goal, this reporter fully agrees with Ms. Meissner that there will be no light at the end of the turnnel for coming years for the immigration reforms. Stand up, voters!

10/31/2012: Update of List of USCIS Offices Closed or Reopened Today, Wednesday

• As our readers are well aware of, the impact of Sandy Hurricane is devastating in the upper north east areas. However, as the force of Hurricane slowly moves away, the USCIS is releasing the updated list of field offices that will remain closed or reopened today. Please check the most up-to-date alert.

10/30/2012: STEM Graduates, Interested in 50 DHS Open Jobs?

• Report indicates that DHS Secretary just disclosed “Secretary’s Honors Program” to recruit American Universities STEM graduates. 50 slots! Hmm.................. I wonder what immigration support they will provide to these newly hired STEM employees.

10/30/2012: Potential Fall-Out of Sandy Hurricane

• East Coast of this nation represents "blue" states and one wonders how the ongoing and devastating Hurricane will affect the turn-out of the voters on election day for the Presidential and Congressional elections on November 6, 2012, particularly Democratic constituents.

10/30/2012: USCIS Administrative Appeals Office (AAO) Processsing Times Report of 10/01/2012

10/29/2012: Update of List of USCIS Multiple Offices to be Closed on 10/30/2012

• Please check this update.

10/29/2012: USCIS Updated Today Processing Times Report as of September 30, 2012

• Earlier report was October 19, 2012 for the processing times as of 08/31/2012.

10/29/2012: DACA Applications Picking Up - 200,000 as of 10/24/2012

• Report indicates that DHS Security Secretary Janet Napolitano said on Wednesday, 10/24/2012, that more than 3,000 young illegal immigrants are applying for DACA deferred deportation every day reaching the total number of applications to about 200,000. According to the office release of 10/12/2012, it reached close to 180,000. Accordingly in two weeks, about 20,000 applications were received by the DHS.

10/29/2012: USCIS Alert - Phone Operations Impacted by Hurricane Sandy

• Hurricane Sandy has impacted the USCIS phone operations for Monday October 29. Customers needing to reach a USCIS Immigration Information Officer are encouraged to call between the hours of 1100am and 800pm Eastern Standard Time or visit USCIS website at www.uscis.gov.

10/29/2012: USCIS Office Closings Update as of October 29, 2012

10/29/2012: USCIS I-140 Processing Statistics at the End of August 2012

10/29/2012: USCIS EB-I-485 :Processing Statistics at the End of August 2012

10/29/2012: DOL to Separate H-2A Foreign Labor Certification Program, Labor Certification Letter for H-2A, H-2B Foreign Labor Certification Program; and Application for Prevailing Wage Determination

• This notice will be published in the federal register tomorrow with a 30-day comment period. For the text of the notice, please click here.

10/28/2012: Hurricane Sandy and USCIS List of Offices Closed on Monday, 10/29/2012

• Due to the impending storm, Hurricane Sandy, the offices listed below will be closed on Monday, October 29, 2012. All applicants appointments will be rescheduled to the next available appointment date; applicants do not need to do anything to request a rescheduled date. However walk-ins will be processed on a case-by-case basis. If you plan to visit a USCIS office in an area affected by the severe weather or you believe may be affected by severe weather, please call the National Customer Service Center (NCSC) 1-800-375-5283 to ensure the office is open for business and for further instructions on rescheduling your appointment if the office is closed. Please continue to monitor this page for changes.
• Closed Offices on 10/29/2012: List as of 6:00 p.m. 10/28/2012. Please continue to monitor to see the changes.
  • Hartford, CT Field Office & Application Support Center
  • Dover, DE Satellite Office & Application Support Center
  • Boston, MA Field Office & Application Support Center
  • Lawrence, MA Field Office & Application Support Center
  • Baltimore Field Office & Application Support Center
  • Glenmont Application Support Center
  • Salisbury, MD Application Support Center
  • Manchester, NH Field Office & Application Support Center
  • Elizabeth, NJ Application Support Center
  • Hackensack, NJ Application Support Center
  • Mount Laurel, NJ Field Office
  • Newark Asylum Office
  • Newark Field, NJ Office
  • Bronx, NY Application Support Center
  • Brooklyn, NY Application Support Center
  • Hicksville, NY Application Support Center
  • Long Island, NY Field Office & Application Support Center
  • Manhattan, NY Application Support Center
  • New Rochelle, NY Application Support Center
  • New York Asylum Office
  • New York, NY Field Office
  • Port Chester, NY Application Support Center
  • Queens, NY Field Office & Application Support Center
  • Queens/Jamaica, NY Application Support Center
  • Woodside, NY Application Support Center
  • Philadelphia, PA Field Office & Application Support Center
  • York, PA Application Support Center
  • Providence, RI Field Office & Application Support Center
  • Alexandria, VA Application Support Center
  • Norfolk, VA Field Office & Application Support Center
  • Washington Field Office (Fairfax, VA)
  • Haiti-Port-au-Prince Field Office
    
• For changes in the list, Please monitor Office Closings - Hurricane Sandy Closes Multiple Offices
  

10/26/2012: Notice to Visitors to This Website

• This reporter was not able to make himself available to update the Breaking News for the last five days and the situation will continue until next Monday. Readers are encourage to return to this web site for the breaking news beginning from next Monday. This reporter apologizes for inconvenience this may cause to our loyal visitors.

10/25/2012: DOL iCERT System Outage Tonight

• The Office of Foreign Labor Certification has announced that the iCERT System will be unavailable from 7PM ET on Thursday, October 25, 2012 to 6AM ET Friday, October 26, 2012 for routine maintenance.

10/22/2012: Reminder of Potential Selection of Additional FY 2013 DV Lottery Winners Today at Noon (EST)!

• Please check it out online this afternoon using your existing confirmation numbers!

10/22/2012: Damaging News Report of Party Interest and Comprehensive Immigration Reform

• The Chicago Tribune reports that "Other Republican strategists believe the immigration reform law adopted under President Ronald Reagan, which included amnesty for about 2.7 million illegal residents, hurt the party by adding a mostly Democratic group to the voting rolls." Truth to this story has yet to be confirmed, but this news story should put in shocks with many people who have never imagined that pro and con to comprehensive immigration reform could indeed play such an important role for long term party politics and strategies to "rule" the country as the governing political party. As Hispanic voting population explodes forming a determining factor for this Presidential and national elections, this news can be very damaging to the Republican party, along with the ongoing controversies over voter ID requirement legislations at the state level. To many people, opposition to the comprehensive immigration reform is perceived a legal issue of breaking laws, with some racial or ethnic factors playing a role in part, but there would be not too many people out there who have thought about the "long term interest" of political parties playing such a role in the comprehensive immigration reform decision and national election process.

10/20/2012: USCIS Service Centers Processing Time Target Goal for Each Type of Petition/Application as of 08/31/2012

• The following table for the national target processing times for different types of applications and petitions of the USCIS will help readers to understand the current USCIS Monthly Processing Times Report as of 08/31/2012 and as released on 10/19/2012.

• With the foregoing information, readers can visit the USCIS latest processing times reports to learn how much each of the five service centers is experiencing delays. However, readers should use the monthly processing times reports for each type to plan for filing each of the different types of petitions or applications not to encounter a problem with either status maintenance or employment authorization or other issues.

10/19/2012: USCIS Revised 10/19/2012 Processing Times Report

• The October 2012 report was released on 10/04/2012 with the cut-off date of 08/31/2012. Today, the USCIS revised and updated the report. For the revised monthly report, please visit our home page.

10/19/2012: DHS Final Rule of Designation of Taiwan for Visa Waiver Program with Effective Date of 11/01/2012

• The benefit of this designation takes effect on November 1, 2012. This final rule adds Taiwan to the list of countries authorized to participate in the VWP. Accordingly, beginning November 1, 2012, eligible travelers possessing Taiwan electronic passports with valid personal identification numbers (household registration numbers) may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements.
• This final rule will be officially published in the federal register on Monday, 10/22/2012. For the advance copy, please click here.

10/18/2012: USCIS Naturalization Application Processing Data Through the End of 08/31/2012

• Approval and Denials by each field office (FY 2010 - FY 2012 August)
• Monthly Cycle Time (March thru August 2012

10/17/2012: Consultant Professionals Working on H-1B or L-1 Status Pending EB-485 Adjudication and Issue of Change of Worksites Without Amended I-129 Petitions

• Traditionally, the legacy INS and current USCIS took a position that when such H-1B or L-1 employees were reassigned and relocated to a different client sites, the employers did not file an amended petition relying on three sources. One was the H-1B and L-1 regulation that required amended petition when there was a "material change" to the terms of employment. There was a question of whether change of job site from one location to another location of different prevailing wages would constitute a material change. However, there were two other sources that supported that such change might not be construed as a material change inasmuch as the employer paid at least the same wage which met the prevailing wage in both locations. One was the so-called Hernandez letter to an attorney that in such situation, the employers did not have to file an amended petition. The other source was the position of the USDOL that inasmuch as there was certified labor condition application for the new site without changes in the terms of employment, from the perspectives of the USDOL, relocation to the new site would not violate the rule of labor condition application.
• However, this practice of the agencies has witnessed a change over the years as affected by the two developments. One is the reinforced site visits by both the DOL and DHS as part of increased immigration enforcement for integrity of the H-1B and L-1 proceedings. Thus when an amended petition is not filed with the new job site, it has been creating a practical problem for both the agencies and employers to verify the employees worksite as the agencies' record would not reflect any new worksite. More importantly, the USCIS issued a memorandum, so-called employer-employee relationship and control memorandum stipulating the evidence at the worksite as part of the key threshold requirement for H-1B and L-1 employment. Thus regardless of the interpretation of material change requirment, this new evidentiary component for the employee's worksite practically requires the USCIS to reexamine whether the employment at the new worksite comforts with the employer-employee relationship or control as the employment at the new client site could simply be a job shop or job lease situation without the required control of the work of the employees by the petitioner employers in such situation.
• The employer-employee relationship memorandum is not a legally binding rule and remains a policy and practice of the USCIS. There is thus an unresoled issue as to whether or not change of job location without change of the terms of employment would constitute a material change under the regulation. The AILA has brought up this issue with the USCIS and has yet to receive a definite answer from the USCIS. Under the circumstances, there have been reports that employers have experienced increased number of denial of H-1B or L-1 extension petitions or even some problems in related immigrant proceedings for the alleged violation of the nonimmigrant status.
• What should the employers do under the fluid circumstances? Best policy may be a "conservative" approach not to encounter a potential problem with the agencies, to wit, to assist the agencies to undertake their jobs of site visits and verification of compliance with the employer-employee relationship/control requirement at the new location by filing amended petitions, albeit "expensive." Problem with agencies can go beyond the DHS and DOL. There have been reports of these employees encountering problems in consular proceedings for visa application. Additionally, it can lead to a problem at much more serious level in the pending EB-485 proceedings. Should the change of job location indeed be ruled as violation of the regulation by the appellete authorities including fedeal courts, the consequences and damage to the pending EB-485 can be deadly. There are two things which EB-485 applicants should keep in mind. They always have 245(K) relief backup inasmuch as such "alleged" violation does not go beyond 180 days since the latest admission to the country. The second backup is EAD. Prudent EB-485 applicants have always obtained EAD even if they had no intention to use it as they wanted to keep H-1B or L-1 nonimmigrant status.
• Caveat: There is at this time no definite answer to the question of H-1B or L-1 nonimmigrants working at new client job site with no changes in their employment terms but without amended petitions. They shoud seek legal counsel from their lawyers who should be able to advise as to what the best interest would be for their employer and employee clients.

10/16/2012: Taking Effect of U.S.-Russian Adoption Agreement on 11/01/2012 and USCIS Scheduling of Stakeholder Teleconference 10/18/2012

• The USCIS has announced that USCIS and the Department of State (State) would invite interested parties to participate in a stakeholder engagement concerning the U.S.-Russian Adoption Agreement, which will enter into force on Thursday, November 1, 2012. The engagement will take place on Thursday, October 18, 2012, from 1:00- 2:00 pm (Eastern). USCIS and State subject matter experts will provide information regarding:
  
  " The provisions of the Agreement;
  " How the Agreement will affect processing going forward;
  " Which provisions of the Agreement will take effect immediately and which will take effect later; and
  " The transition plan for cases already in progress as of entry into force.
  
  We are pleased that the Agreement will soon enter into force and believe that its provisions will improve the process of intercountry adoptions between the United States and Russia. Adoption processing will continue uninterrupted as we make the transition, so we encourage your participation in this informational teleconference to explain how implementation of the Agreement will unfold.
• Read also FAQ on this Agreement.
• Full Text of Agreement

10/16/2012: EB-5 Investment Immigrant Program and Potential Impact of the Tensions Created by the House Investigation of Chinese Telecommunication Giants Huawei and ZTE

• In recent years, the U.S. government and USCIS have heavily focused on EB-5 investor immigration program, particularly so-called Regional Center Pilot programs. The investor immigrant petitions have literally mushroomed as boosted by the government's push to attract these foreign investors. China has been one of the key sources of recruitment for such investment immigration programs. However, there is an article that touches on potential impact of the late Congressional investigation of the China's telecommunication giants Huawei and ZTE for security issues on the investor immigrants. The accuracy of the article has yet to be tested and readers are advised to read the article with reservation until it is supported by another sources.

10/16/2012: GAO Reports 90% Approval Rates for H-2A Temporary Agricultural Worker Cases in 2011

• Government Accountability Office Report indicates that in 2011, 90% of H-2A cases were approved. However, this record of success is hampered by the procedural delays which are caused by the agencies' recent reinforcement of "integrity" in processing cases affecting the agricultural industry and the farm employers. It reports that about 60% of cases had to go through request for evidence or other scruitiny before the agencies completed the cases causing substantial delays in the processing times. Lately the DOL launched an electronic filing process which is likely to help to reduce the processing times but continued focus on integrity is likely to cause delays in the processing times. For the full report, please read the full text of the report.

10/14/2012: FY-2012 USCIS Service-wide New Receipts & Approvals of All Types of Applications/Petitions (10/01/2011 - 06/30/2012)

• This statistics is about one quarter (3 months) behind to learn actual status. However, it gives a general picture of the volumes of new receipts and approvals for 9 months in this FY-2012.

10/13/2012: DV-2013 Failed Registrants, Additional Selection Will Still be Made on 10/22/2012!

• There was just a move around of the sites in the Diversity Visa in the State Department website. The following message can still be accessed at the site: Entrants in the Diversity Visa 2013 program may now check the status of their entries through Entrant Status Check on the E-DV website through September 30, 2013. Review more about Entrant Status Check. DV 2013 Entrants: Please keep your confirmation number until at least September 2013, even if you were not selected on May 1, 2012. The Department of State may select more DV 2013 entries on October 22, 2012 at noon, Eastern Daylight Time (EDT) (GMT-4). See the notice.

10/13/2012: USCIS DACA Receipts & Processing Volumes Reflect a Remarkable Change During Less Than One Month

10/13/2012: OFLC Site to Access All Info at One Location for PERM Program

• You will love it. Try here.

10/13/2012: OFLC Site to Access All Info at One Location for H-2A and H-2B Electronic Filing Implementation

• H-2A and H-2B employers, temporary workders, their stakeholders, and immigration lawyers practicing in these areas of immigration should make a note of it. Here we go.

10/12/2012: USCIS DACA Processing Statistics as of 10/10/2012: Receipts=179,794 and Approved=4,591

• Processing of DACA for Dreamers has witnessed noticable progress by approving 4,591 applications out of total receipt of 179,794 as of October 10, 2012.

10/12/2012: ICERT System Outage on Monday Morning, 10/15/2012, to Implement H-2B Electronic Filing Program

• OFLC has announced that the iCERT System will be unavailable from 8:00AM to 9:00AM Eastern Time on Monday, October 15, 2012 so we can implement electronic filing for the H-2B program. For more information, please visit our iCERT electronic filing implementation web page at http://www.foreignlaborcert.doleta.gov/h2ah2b_icert_rollout.cfm

10/12/2012: November Visa Bulletin Released

• Worldwide EB-2: Current (Very good news for ROWs)
• India EB-2: 09/01/2004 (Will not move a single day from October VB. Shocker!)
• China EB-2: 09/01/2007 (Will move about 6 wks)
• EB-3: Oversall very small move. India EB-3 will move only one week.

10/12/2012: DV-2013 Additional Selection - Meaning of Removal of the Notice from the DOS Diversity Visa Website?

• The U.S. Department of State went through a nightmare with the DV-2013 because of the alleged computer glitch. After rerun of the selection process, they posted a notice that there might be additional selection on October 1, 2012 and asked the DV-2013 registrants to keep their numbers safe. Afterwards, they posted a notice that the additional selection might take place on Octber 22, 2012. Now, the site completely removed DV-2013 information from their Diversity Visa notice site. The link that DV-2013 registants to check the DV-2013 site is broken. What is the meaning of all these changes with the DOS site? Weird. The U.S. Department of State may as well explain the meaning of all of these changes.
• In the meantime, those who failed to be selected for DV-2013 should not fail to participate in the ongoing DV-2014 registration!

10/11/2012: Permanent Labor Certification (PERM) Processing Times Update as of 10/02/2012

• Analyst Review (Clean Case): 08/02/2012 (Priority Date)
• Audit Cases: 02/29/2012 (Priority Date)
• Reconsideration Request Cases: 12/01/2011 (Priority Date)
• Government Error Reconsideration Cases: Current

10/11/2012: Reminder of PERM and iCERT Outage Alert Tonight

• The Permanent Online system and iCert Online System will be unavailable from 8PM ET on Thursday, October 11, 2012 to 6AM ET Friday, October 12, 2012 for routine maintenance.

10/11/2012: Unlike Healthcare Benefits, Social Security Number is Available for the DACA Approved Dreamers

• DACA beneficiaries have witnessed challenges with government benefits in various areas at federal or state government levels, but Social Security Administration accomodates Social Security Numbers to DACA which are essential for DACA beneficiaries to work. Read DACA SSN.

10/10/2012: State Department Demand Data to Determine November 2012 Visa Bulltin EB Cut-Off Dates

• State Deparment released this data 10/10/2012.

10/10/2012: Grassley, Smith Question Process for DACA Approvals

• We reported earlier that these two Republican legislators wrote a letter to the DHS Secretary demanding to disclose and publish every weekly detail of the DACA statistics and processing. Reportedly, these legislators have failed to receive the demanded data and wrote a follow-up letter to the DHS Secretary and the USCIS Director, this time questioning legitimacy of DACA approval procedures. One wonders whether this action will help Republican Presidential candidate Romney's late move to reach the Hispanic voters by loosening up his earlier position on the DACA issues. Read on.

10/10/2012: Q&A in USCIS Service Center Operations –AILA Teleconference of 09/19/2012

• This teleconference record provides some helpful tips to immigrants and employers for filing applications with the Service Centers. For instance, in filing I-485 applications, they used to require three color photos but now one color photo will do it. Additionally, the agency required four copies of G-325A Biographic Information form, but now one copy is enough. Read on.

10/10/2012: Q&A in USCIS Service Center Operations-AILA Teleconference of 08/08/2012

• This teleconference records provides answers to some questions relating to RFEs and other issues, particularly for the IMGs. Read on.

10/10/2012: USCIS Naturalization Application Processing Statistics at the End of August 2012

• There was a surge of applications this year, but the numbers pending in August 2012 dropped to 29% over the figures in August 2011. The surge of naturalization applications is often witnessed in the election years. As it approaches the election date, it is likely to show somewhat slow-down in the rate of surge of naturalization applications.

10/10/2012: USCIS Immigration Benefits Application Processing Statistics at the End of August 2012

10/08/2012: Irish E-3 Visa Proposal Scheduled to be Pushed During Lame Duck Session

• Irish community has remained silent on the surface after the proposal as part of H.R. 3012 was drifted away in the Senate. However, report indicates that the Irish lobbyist has been continuously working on the bill out of the scene. Irish media reports that the Irish Prime Minister Gilmore, without elaborating, just lately disclosed in New York that an "agreed" text for a possible E-3 program has been put in place and it is a matter of in what strategy and how it has to be put through the House of Representatives for legislation. Without doubt, this Irish plan of revival of E-3 may have to be revisited after the November 6 election, but it appears the Irish E-3 nonimmigrant visa proposal is not quite dead.

10/07/2012: Romney to Press Immigration Reform Issue on the Second Presidential Debate 10/16/2012 in New York

• Report indicates that the Republican Presidential candidate Romney would press immigration reform issues in the next debate. He is likely to attack Obama for his broken promise on this issue and to assert that Romney will push for immigration reform if he is elected. Question remains though what type of reform he has in mind. So far, his reform included self deportation and some immigration relief for those who have served in the armed services, etc. Without doubt, Obama will push him to a corner by demanding details of his asserted immigration reform rather than a rhetoric and empty promise in a broad brush. At this final stage of the Presidential election game, the key is who voters can trust rather than what the candidates promise. Any repeat of rhetorics by candidates without substance and details is likely to hurt rather than help credibility of the candidates. There are 24,000,000 eligible Hispanic voters. No candidates should underestimate the intelligence of the voters. Unlike the first debate, upcoming second debate may lead to an increased number of immigration stakeholders sitting in the couches to watch TV screens.

10/06/2012: Reminder of Federal (Employees) Holiday - 10/08/2012 Monday

10/06/2012: Eyeview of Employment-Based Immigrant Visa Cut-Off Date Changes (FY 1992 - FY 2012 Ending 09/30/2012)

• Worldwide
• China
• India
• Mexico
• Philippines

10/06/2012: Eyeview of Family-Based Immigrant Visa Cut-Off Date Changes (FY 1992 - FY 2012 Ending 09/30/2012)

• Worldwide
• China
• India
• Mexico
• Philippines

10/05/2012: Urgent Advisory for DACA Applicants: Do Not Write C14 on Item 16 of I-765 EAD Application Form

• USCIS advises that in filling out I-765 employment authorization application form, DACA applicant should write in C33 instead of C14. The C-14 is for regular Deferred Action applicants applying for EAD. The C-33 is DACA applicants applying for EAD. Mistake can cause delays or problems in obtaining employment authorization! Please check a copy of I-765 form which you have filed. See page 5 of the current I-765 instructions. Very Important!!

10/05/2012: USCIS Official Notice of 3-Year Extension of 4-Sunsetting Immigration Programs Through 09/30/2015

10/05/2012: OFLC Another iCERT Site Outage Alert Next Thursday Night

• OFLC has announced that the iCERT will be unavailable from 8PM ET on Thursday, October 11, 2012 to 6AM ET Friday, October 12, 2012 for routine maintenance. Please make a note of it.

10/05/2012: Unemployment Rate Dropped to 7.8% - Positive News for Immigration Reform

• New York Times has just reported that U.S. added 114,000 jobs in September leading to the drop of unemployment rate to 7.8%, the lowest since January 2009. In an additional positive sign, reportedly the job growth for August was revised upward to 142,000 from the previously reported 96,000. Considering the fact that the unemployment rate has dictated the political landscape for immigration reform, particularly employment-based immigration reform, it is hoped that we see some changes with the environment for immigration reform in Congress and the White House, regardless of whoever is elected in November.
  

10/05/2012: USCIS I-129 Temporary Worker Petition Statistics Reflecting Clogged Processing of the Cases

• FY 2013 H-1B cap case processing has been witnessing delays giving some hardships to the employers that hire foreign professional workers. The following data reflect the clogged state of I-129 processing assuming that the majority of those cases involved H-1B cases:

10/04/2012: USCIS Processing Times Update 10/04/2012

• Surprise, surprise! USCIS has been updating the processing times in the middle of each month, but this mornth, they have already updated. It is the processing time as of 08/30/2012 and DACA processing times is not reported for the obvious reasons that DACA did not start until 08/15/2012. See our home page.

10/04/2012: Congressional Research Services Relase Report on Unauthorized Aliens’ Access to Federal Benefits: Policy and Issues

• There are current federal statute that do not authorize such federal benefits to "unauthorized" aliens. It reviews a spectrum of incidents where they are exempted. It is also related to the definition of "unauthorized alien." Read on.

10/04/2012: Romney Would Neither Renew nor Issue New DACA Relief Upon Taking Presidential Office

• Boston Globe reports that responding to a Globe request to clarify Romney’s statement to the Denver Post, Romney’s campaign said he would honor deportation exemptions issued by the Obama administration before his inauguration but would not grant new ones after taking office. What does this mean? If he is elected, those who have been granted DACA relief before his inaugural in February 2013 would be allowed to stay for two years and not beyond since Romney Administration would not extend the relief. Additionally, upon his inauguration, he would not approve any new DACA relief, according to the report.

10/04/2012: USCIS Designates Military Physicians as Civil Surgeons to Perform Medical Examination for Members and Veterans of the Armed Forces and Eligible Dependents

• USCIS has released a memorandum to grant military physicians a blanket designation as civil surgeons to facilitate the medical exam required for members and veterans of the Armed Forces and certain eligible dependents. This blanket designation will assist members and veterans of the Armed Forces and their eligible dependents in receiving immigration medical examinations in a timely fashion. Good!

10/04/2012: What is Current State of Certifications of Student and Exchange Visitor Program (SEVP)?

• NAFSA reports the details which were discussed at the Stakeholder meeting with ICE on 09/06/2012. For some, this may be an eye opener. Read on.

10/03/2012: iCERT System Outage Alert Tomorrow Morning

• Alert: Due to regular system maintenance, the iCERT System will be unavailable from 8:00AM to 12:00PM Eastern Time on Thursday, October 4, 2012.

10/03/2012: DACA Approval Rate Reportedly Remains Low as of 10/01/2012 - About 200 Approvals Out of 120,000 Applications Nationwide Received

• Los Angeles Times reports that the rate of turn-out itself has been low in that reportedly USCIS estimated 300,000 but actual applications ended up at 120,000. Additionally, out of these total applications, reportedly only 200 cases have been approved.

10/03/2012: Democratic STEM Bill, H.R. 6412, Moves a Tiny One Step Forward in the House

• This is the bill which was introduced by Rep. Zoe Lofgren (D) of California with high-tech industry as the key constituents on 09/14/2012. After it was introduced with 56 other House Democratic members as cosponsors, it failed to see a light under the shadow of Rep. Smith's STEM bill, a Republican STEM bill, which was quickly taken up in two days after it was introduced and eventually ended up failure to pass on the floor. The Democratic STEM bill was eventually referred to the House Judiciary Immigration Subcomittee yesterday where Rep. Lofgren is a Ranking Member. For this bill to move forward one step further, Rep. Smith, the Chairman of Judiciary should decide to schedule a hearing before we see any development on the House floor. This is up in the air.
• As was true with the failed Republican STEM bill, this Democratic bill is charged with a number of Democratic political platform which are not likely taken favorably by the House Republicans. This bill is very similar to the Senator Schumer STEM bill, S. 3553. The following is the summary of the House bill:
  • Two-Year Sunset Program of 50,000 visas available to qualified immigrants who:
    • (1) possess a graduate degree at the level of master's or higher in a field of science, technology, engineering, or mathematics (STEM degree) from a qualifying U.S. research institution of higher education;
    • (2) have an employment offer from a U.S. employer in a field related to such degree;
    • (3) are the subject of an approved labor certification; and (4) will receive a wage for such employment that is at least the actual wage paid by the employer to all other individuals with similar experience and qualifications.
  • Labor Market Test Requirements:
    • (1) employers of foreign STEM graduates to submit a job order for the position with the appropriate state workforce agency,
    • (2) such agency to post the position on its website for at least 30 days,
    • (3) employers to demonstrate that the total amount of compensation to be paid to a foreign STEM graduate meets or exceeds the total amount of compensation paid by the employer to all other employees with similar experience and qualifications working in the same occupational classification.
  • Eliminates the foreign residency requirement for certain foreign students.
  • Determination of whether an alien is a child for purposes of: (1) a petition for immigrant status or a petition for adjustment of refugee status to immigrant status shall be made using the alien's age on the date on which the petition is filed with DHS, and (2) a petition for nonimmigrant admission or an application for adjustment of status from nonimmigrant to conditional (fiance) immigrant must be made using the alien's age on the date on which the petition is filed with DHS to classify such alien's parent as the fiance of a U.S. citizen.
  • Unused STEM visas will be made available for other employment-based visa categories.
• The biggest challenge for the Republicans to agree to this bill includes, among others, to increase the immigrant visa numbers, albeit only for 2 years. November election will have a huge impact on the fate of this bill. If the Democrats get back their majority seats in the House, there will be a chance for this bill but not this Congress and only in the next Congress that opens in January 2013.

10/03/2012: Teleconference to Meet the New Citizenship and Immigration Services Ombudsman - Maria Odom-Tomorrow

• We now have a new Ombudsman (excuse us) in the DHS. A teleconference is scheduled to give the stakeholders and public to meet with her in teleconference. Those who are interested in participating in this teleconference may click here.

10/02/2012: DHS Announces Taiwan’s Designation into the Visa Waiver Program

• Good for Taiwanese!

10/02/2012: Reportedly Romney Will Not Deport DACA Approved DREAMers During 2 Year Period But No Further Commitment Beyond Two Years

• There is a report of Romney statement that "The people who have received the special visa that the president has put in place, which is a two-year visa, should expect that the visa would continue to be valid. I'm not going to take something that they've purchased," Romney said. "Before those visas have expired we will have the full immigration reform plan that I've proposed." One good news and one bad news. No guaranty beyond two-year DACA period.

10/01/2012: Califonia Governor Signed into Law DACA Approved DREAMers' Driver License Permit Bill

• Read on.

10/01/2012: USCIS Announcement of Workload Transfer from Service Centers to Field Offices

• The transferred cases are primarily family-based proceedings and I-90 cases. Employment-based cases has not been and will not be transferred to either National Benefit Centers and local field offices of the USCIS.

10/01/2012: State Department Changes DV-2013 Additional Winner Selection Date from 10/01/2012 to 10/22/2012

• The State Department apparently has changed the schedule of the date of selecting additional winners for DV 2013 lottery. Initially it was scheduled today, 10/01/2012. However, its new addnouncement reads: Please keep your confirmation number until at least September 2013, even if you were not selected on May 1, 2012. The Department of State may select more DV 2013 entries on October 22, 2012 at noon, Eastern Daylight Time (EDT) (GMT-4). Read on.

10/01/2012: USCIS Announces a New Filing Option for Canadian TN I-129 Petition & Current Filing Options for L-1 Nonimmigrants

• USCIS announces on 09/28/2012 that beginning Oct. 1, 2012, USCIS will accept, as a new option, the Form I-129 (TN) for Canadian citizens who are outside the United States and seeking classification as a TN nonimmigrant. Before 10/01/2012, , USCIS accepted only Form I-129 for extension of a TN nonimmigrant’s stay or to change a nonimmigrant’s status to TN for those who are in the United States. Canadian citizens continue to have the option of applying to CBP for TN classification in conjunction with an application for TN admission to the United States. Please refer to CBP’s website for additional information and requirements for applying for admission to the United States. Please note that Canadian citizens continue to have the option of applying to U.S. Customs and Border Protection (CBP) for TN classification in conjunction with an application for TN admission to the United States. Please refer to CBP’s website for additional information and requirements for applying for admission to the United States.
• USCIS reminds the employers that an employer has the option of filing a Form I-129 individual petition with USCIS on behalf of a Canadian L-1 nonimmigrant. A U.S. employer that has an approved L-1 blanket petition also has the option to file a Form I-129S, Nonimmigrant Petition Based on Blanket L Petition, along with supporting documentation, with the USCIS service center that approved the L-1 blanket petition, on behalf of a Canadian citizen (or any visa-exempt beneficiary) who is outside the United States. As before, Canadian citizens may apply for L-1 classification in conjunction with an application for L-1 admission to the United States by presenting the Form I-129 (individual petition) or I-129S (under an approved blanket petition) and supporting documentation to CBP. For the additional details, please read the full text.

10/01/2012: PERM and iCERT Systems Outage All Weekend

• Office of Foreign Labor Certification experienced the system outage for an obvious technical difficulties during the weekend. Filers are advised to keep patience. It appears that the DOL ETA sites are also suffering from technical difficulties.

10/01/2012: GAO 09/28/2012 Report to Congress Recommends Restructuring of DHS Field Offices

• This report of 09/28/2012 indicates that the DHS restructures its field offices, including USCIS. However, the DHS responded difficulty in accomoding such restructure at this time and it appears that DHS, including USCIS, may stay put for now without any serious structure of its filed offices and operations.

09/28/2012: Reportedly DHS Will Recognize LGBT Partners as Family Relationship for the Purpose of Exercise of Prosecutorial Discretion Against Immigration Enforcement

• In the so-called Prosecutorial Exercise of Discretion Memorandum of ICE, family reunification is one of the important factor to exercise discretion against enforfocement of immigration law and removal of the alien. Report indicates that Rep. Nancy Polosi, Rep. Jerrold Nadler, Rep. Mike Honda, and 81 other members of Congress wrote a letter to recognize the ties of a same-sex partner or spouse as a positive factor for discretary relief in immigration enforcement deportation cases. Rep. Pelosi reports that the Department of Homeland Security Secretary Janet Napolitano announced that she would direct U.S. Immigration and Customs Enforcement to issue written guidance to field offices codifying that LGBT family ties would be recognized in immigration cases. This interpretation of the family ties will expand the group of people who will be eligible for discretionary relief from deportation.

09/28/2012: President Has Just Signed S. 3245 Bill into Law

• Officially, the sunsetting four immigration programs are extended beyond 09/30/2012 and until 09/30/2015. At the same time, October 2012 Visa Bulletin is automatically revised for the visa availability for the visa classifications of EB-4 (Non-Minister Religious Worker Special Immigration Visas) and EB-5 (Regional Center Pilot Program Investment Immigration Visas). The October 2012 Visa Bulletin showed that the visa numbers for these classfications would be Unavailable. Additionally, Conrad 30 program for International Medical Graduates' J-1 Waiver Program and E-Verify Program are also extended for three years.

09/28/2012: 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 will be published and take effect on 10/01/2012 and through July 22, 2014. Read the advance copy of the DHS Notice.

09/28/2012: Wage Methodology Final Rule Implementation to be Further Delayed to 03/27/2013

• The effective date for this final rule was published on January 19, 2011 but delayed a few times in the entangled federal court litigations. The last delay was to take effect on 10/01/2012, but DOL will release a notice on Monday 10/01/2012 that it will be further delayed to March 27, 2013. Read on.

09/28/2012: DOL Publishes Notice in the Federal Register Today iCERT Filing of H-2A and H-2B Temporary Labor Certification Applications

• This notice takes effect today.

09/28/2012: Microsoft Proposal to Add/Issue 20,000 More H-1B Visa Above Current Annual Cap on $10,000 Filing Fees and 20,000 STEM Immigrant Visas on $15,000 Filing Fees?

• Wow, it sounds interesting.

09/27/2012: S. 3245 Has Yet to be Signed by the President

• S. 3245 bill that extends the four (4) sunsetting immigration programs was presented to the President on 09/20/2012. The immigrants involved in these programs wonder what would happen if the President fails to sign timely. Under the U.S. Constitution, the President has 10 days, excluding Sunday, to sign or veto or ignore a bill. Accordingly, October 1, next Monday will be the 10th day excluding two Sundays. The Constitution also provides that if the President fails to sign the bill within the 10 days when the Congress is in recess, it is considered a pocket veto and the bill automatically dies. However, if that happens when the Congress in session, the bill automatically becomes a law. Where are we now? Well, lay people may think that the Congress is in recess and not in session, but it is not. Against such consequences on the bills which were presented to the Pesident, both the House and the Senate are currently in "Pro Forma Session," and not completely in recess!
• What does it mean? Unless the President flatly vetoes and returns the bill to the Congress, S. 3245 will automatically become a law. We cannot imagine that the President will veto this bill. He is just on the roads a lot in the last minute Presidential reelection campaign trips. The involved immigrants and their employers related to these sunsetting laws may as well relax themselves and enjoy the fall colors out there.

09/27/2012: USCIS Naturalization Application Processing Statistics at the End of July 2012

• There was a surge of applications this year. The numbers pending in July 2012 increased 37% over the figures in July 2011.

09/27/2012: USCIS Immigration Benefits Application Processing Statistics at the End of July 2012

09/27/2012: USCIS Electronic Immigration System (ELIS) Outage Alert on Sunday

• The USCIS has announced that its Electronic Immigration System (USCIS ELIS) will undergo scheduled maintenance on Sept. 30 from 5 a.m. to 8 p.m. (EDT) and will not be available during this time. Currently ELIS is used for I-539 filing.

09/27/2012: Senate Republican Leaders Going After the DHS Secretary on DACA

• We reported Republican Rep. Lamar Smith and Republican Sen. Churck Grassley wrote a letter demanding DACA specific statistics. Report indicates that other Senate Republican leaders were grilling the DHS Secretary on DACA implementation using their oversight authority. Read on.

09/27/2012: PERM Processing & Statistics as of 09/16/2012

09/27/2012: OFLC Prevailing Wage Determination Processing & Statistics as of 09/16/2012

09/27/2012: OFLC H-1B LCA Processing & Statistics as of 09/16/2012

09/27/2012: OFLC Nonimmigrant Agricultural Worker Temporary Labor Certification H-2A Processing & Statistics as of 09/16/2012

09/27/2012: OFLC Nonimmigrant Non-Agricultural Worler Temporary Labor Certification H-2B Processing & Statistics as of 09/16/2012

09/27/2012: Official Legal Notice of 2014 Diversity Immigrant Visa Program to be Published Tomorrow

• The U.S. Department of State has already published the instructions on its website but it is not a "legal" notice in that it was yet to be published in the federal register. The "legal" notice is scheduled to be published in the federal register tomorrow, 09/28/2012, Friday. Considering the fact that the starting date of the immigration lottery is next Tuesday, 10/02/2012, the legal notice in the federal notice should be considered "literally" the last minute notice. Please read the full text of the legal notice through the advance copy.

09/27/2012: DOL to Publish Tomorrow, 09/28/2012, H-2A and H-2B iCERT Online Filing Regulation

• We posted this message yesterday, but here is the advance copy of the rule and the employers may read the full text of this regulation. It will be officially published in the tomorrow's federal register.

09/26/2012: Ongoing Delays in H-1B Petition Processing and Adjudication

• Employers and H-1B applicants are currently experiencing delays in adjudication of their pending H-1B petitions. According to the AILA, between the California Service Center and the Vermont Service Center, there appears to be gestimate of as many as 17,000 cap-subject H-1B petitions (approximately 20% of the 2013 cap cases) which were filed between April and mid-June 2012 and remain unadjudicated. As we approach October 1, 2012, some F-1 OPT's who were granted employment authorization pending H-1B petitions will suffer loss of employment authorization on September 30, 2012, in only two business days! This presents hardships not only to the workers but also the employers. Currently all of the employers that filed the cap petitions with the expection of available resources beginning from October 1, 2012 will suffer difficulties in their businesses because of the unavailability of these professional worker resources. It is hoped that this ongoing delays be resolved as soon as possible in one way or another.

09/26/2012: Reported Late Surge of DACA Benefit Applications

• Media reports indicate that lately increased number of DACA applicants are coming out of the closet to apply for the benefit. There could be several reasons for these changes, two of which, among others, appear to be (1) late changing survey results predicting the President Obama's electability in the November election and (2) the late USCIS announcement that the agency would not go after the relatives and past or present employers of the DACA applicants unless some egregious matters are involved. Apparently, these two developments played important role for easing the anxieties and nervousness of the potential DACA applicants. Reportedly schools are flooded with requests for school records by these DACA applicants and their native embassies and consulates are also flooded with applicants seeking issuance of passports. We wish them well.

09/25/2012: OFLC Will Launch H-2B iCERT Portal Electronic Filing on 10/15/2012 and H-2A iCERT Portal Electronic Filing on 12/10/2012

• Hre is the announcement: The Department is announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. We believe this new electronic filing capability will enhance the accessibility and quality of labor certification services, reduce the data collection and reporting burden on small employers, facilitate more streamlined business processes, and establish greater transparency in the Department's decisions. Electronic filing in the H-2B program will begin on October 15, 2012. Electronic filing in the H-2A program will begin on December 10, 2012. In advance of these implementation dates, the Department will publish a Federal Register notice formally announcing implementation of electronic filing, and then conduct four webinar training sessions to orient the public to electronic filing in the H-2A and H-2B programs. To learn more about the implementation of electronic filing, including how to participate in the upcoming webinar training sessions, please click here.

09/25/2012: Reminder to DV-2013 Entrants

• The Department of State may select more DV 2013 entries on next Monday, October 1, 2012! Hang onto your number.

09/25/2012: USCIS I-140 Processing Statistics at the End of July 2012

09/25/2012: USCIS EB-I-485 :Processing Statistics at the End of July 2012

09/25/2012: OMB Approved Haitian TPS Extension Rule 09/21/2012, the Date When it Was Submitted for its Review and Approval!

• Wow! The USCIS is likely to published it in the federal register soon.

09/24/2012: Effective 09/26/2012 (India Time), Online Application for a U.S. Visa (Both NIV and IV) in India

• This new online site takes effect on 09/26/2012, Wednesday, in India. NIV or IV applicants may visit this site to make themselves familialized with the new procedure.

09/23/2012: Rep. Lamar Smith & Sen. Chuck Grassley Letter to DHS Requesting DACA Implementation Detailed Statistics

• On 09/20/2012, these legislators sent a joint letter requesting the DHS Secretary to maintain, publish and provide on a weekly basis DACA implementation statistics. The letter is requesting very detailed information. The USCIS released some statistics recently, but these legislators are requesting details.

09/23/2012: USICE Initiates for Employment Authorization for Haitian F-1 Students in the U.S.

• Another action of the DHS for the Haitians. The USICE sumitted the OMB approval on 09/21/2012 for employment authorization for certain Haitian F-1 nonimmigrant students. As soon as the OMB clears this request, the ICE will publish this notice in the federal register. Please stay tuned to this website.

09/23/2012: USCIS to Extend Haitian TPS Designation

• USCIS has decided to extend the designation of TPS for the nationals of Haiti and submitted OMB approval on Friday, 09/21/2012. Once it is cleared, the USCIS will publish the notice in the federal register. Please stay tuned to this website.
• Read also USCIS announcement.

09/22/2012: Rep. Luis Getierrez Response to President's Admission that His Failure to Pass CIR was the Biggest Mistake in His Firt Term of Presidency

• Rep. Guetierrez takes it as a positive that the President will achieve CIR if elected for the second term of the office. The following is his statement reported in a media:
  • As my statements and actions have made clear during President Obama’s first term, I do believe he should have done more to fight for comprehensive immigration reform. President Obama’s statement to Univision last night regretting his failure to pass immigration reform in his first term suggests to me that we will see real leadership from the President during his second term and I look forward to standing with him to make comprehensive immigration reform a national priority. Election Day will be a turning point and significant immigration reform is possible during President Obama’s second term because the dynamics of the issue are shifting. After Election Day, I hope President Obama invites Republicans to the White House and that leaders like Sen. Marco Rubio, Gov. Jeb Bush, and Michael Bloomberg, who have made it clear they want to work on immigration reform in a serious way, will bring along the Republican support necessary to solve one of our nation’s most pressing issues.

09/22/2012: Senate Session Ended Until 11/13/2012 for Lame Duck Session After Passing Continuing Resolution and a Large Number of Bills on Unanimous Consents

• As we reported earlier, the Senate was struggling to deal with the Continuing Resolution in order to end the session this weekend, primarily because of a couple of amendments introduced on the floor to the Continuing Resolution. After riding a roller coaster, the Senate reconvened after 11:30 p.m. last night and worked through the midnight and until early this morning. Then after passing a motion to cloture, the Senate was able to pass the Continuing Resolution without any amendments since the amendments were eventually withdrawn. Passage of the Continuing Resolution was followed by passage of a large number of legislative bills by last minute Unanimous Consents without votes. H.R. 3012 or any related immigration bills were not one of those that were taken up for the unanimous consent. The fate for H.R. 3012 and related bills are doomed in the 112th Congress after this Congressional session.
• Wow, the yesterday's Senate session was literally dramatic and breath-taking. After all, they were able to prevent a shut-down of the federal government at least until March 27, 2013 and will leave the Hill to join their constituents in their districts for election campaign. The Senate will have Pro Forma sessions but there will be no voting sessions until they return on 11/13/2012. A drama is over for now. Hew.......................!

09/21/2012: DHS Releases September 2012 Edition of 2011 Yearbook of Immigration Statistics

• This is a huge one volume yearbook that covers a wide range of statistics which will be valuable to the libraries, academic institutions, research entities, and historians, immigration strategiests, etc.

09/21/2012: American Consulate in Chennai Will Continuously Remain Closed Through 09/21/2012

• The American Consulate in Chennai updated its closing schedules as follows: "Visa Section and Library Closed Friday, Sept. 21 Visa operations at the U.S. Consulate in Chennai have been suspended this week, September 17-21, 2012. Please continue to monitor our website for information about our operating status during the week of September 24 – 28, 2012. If you have a legitimate travel emergency, please contact us at chennaiexp@state.gov, and we will do our best to assist you."

09/21/2012: Sen. David Vitter of Louisiana Introduced Interesting Bill Yesterday Making Voting in Federal Election by "Unlawfully Present" Aliens an "Aggravated Felony"

• Yesterday, Senator from the State of Louisiana introduced in the Senate S.3579 "Protect Voter Integrity Act" to make voting in a Federal election by an "unlawfully present" alien an aggravated felony. This bill is intended to turn such aliens subjected to expedited removal from the United States under the immigration law. The full text has yet to be released but it is interesting to note that it applies to "unlawfully present" aliens only and apparently not "lawfully present" aliens, even though any aliens, whether in lawful present or unlawful present status, voting in the federal elections is a crime under the current law. If this Senator introduced this bill targetting at DACA beneficiaries to scare them off from coming out of the closets, probably the bill should have included a separate definition of "unlawfully present" for federal election law in his bill. Remember that in Obama Care Act and other federal health care benefit areas, lately the HHS excluded the DACA beneficiaries from the healthcare benefits. Hmm...........Interesting................ Let's wait and see for the full text of the bill when it is made available. Here is the press release of the Senator Vitter.

09/21/2012: Senate Failed to Resolve Continuing Resolution Yesterday and Struggle Will Continue Thru Saturday 09/22/2012

• Too bad that these gentlemen and ladies will not be able to return to their district this weekend. Unless an agreement is reached between the two parties, there is likely to happen a Roll Call Vote showdown for the Continuing Resolution, H.J. Res. 117. Let's see whether they can reach an agreement today so that they can take a flight to their home this evening!

09/20/2012: Smith STEM Bill Failed to Pass by 257 - 158 in the House

• In the Roll Call Vote in the House today, this bill failed to get two-thirds yeas.

09/20/2012: Yes, Yes, S.3245 is in the White House Awaiting President's Signature

• The White House has received it today and this bill is on its schedule for President's signature! This is the bill that extends for three years sunsetting Conrad 30 IMG J-1 Waiver, Non-Minister Religious Worker Special Immigration, EB-5 Invetment Immigration Pilot Program, and E-Verify programs.

09/20/2012: PERM Prevailing Wage Determination Processing Times as of 09/10/2012

Processing Queue	Request Date	Status
H-1B	July 2012	60 day Current
H-2B	August 2012	30 day Current
PERM	July 2012	60 day Current
	Submission Date
Redetermination	July 2012	Same Above
Center Director Rev	August 2012	Same Above

09/20/2012: Employment-Based Immigrant Community Under Stress as Reflected in the Congressional Report Website

• The Congressional report website indicates that H.R. 3012 is the most hit legislative bill and S. 3245 is the fifth most hit legislative bill for its website at this time. Out of the legislative bills which were introduced in 2012, these two immigrant bills are the only bills that rank within five in hits, reflecting the anxiety and stress the employment-based immigrant community is going through at this time facing the potential Congressional recess either at the end of today or tomorrow.
• For S. 3245, record reflects that the House sent a message to the Senate on 09/14/2012 that the House passed this bill without amendment. However, the Senate was not in session at the time. The Secretary of Senate then reported the message to the Senate yesterday, 09/19/2012. Probably, this could have delayed forwarding the bill to the White House for his signature into a law. We will see this probably before the end of this week. People may as well relax.
• For H.R. 3012, the business community and supporters of this bill apparently have worked hard to take it up on the Senate floor before the Senate goes into the recess. The Senate wants to wrap up most of its legislative work today so that the members of the Congress can go to their districts this weekend. This depends on passage of H.J. Res. 117 Continuing Resolution to fund the federal government for the next six month to prevent shut down of federal government at the end of this month. The House passed this bill and the Senate picked up this bill on the floor yesterday, but believe it or not, two Senators presented amendments before the Senate adjourned yesterday. The Senate will struggle with this bill today to keep their agenda to finish up their legislative works today. The Senate majority leader hopes that the Senate passes this bill and should they have time, the Senate wants to take up other Roll Call Vote bills as many as possible. It is uncertain whether H.R. 3012 can come within this plan, but even if yes, unless the Senate is able to pass the Continuing Resolutions without exhausting its entire time today, it is infeasible unless the unlikely scenario of unanimous consent that has been agreed up between the two party leaders. Please stay tuned.

09/20/2012: Senator Schumer Officially Introduced Yesterday the BRAINS Bill, S. 3553, in the Senate

• As soon as the text of the bill is made available, we will post it here.

09/19/2012: Senator Schumer Looks Forward to Bi-Partisan Negotiation and Compromised STEAM Bill Enacted During the Lame Duck Session

• "Whether the House bill passes or not, we are introducing this bill to create the basis for a compromise, which I believe can occur in the lame duck if each side gives a little bit," Schumer said. "The two bills are not that far apart," according to a report, STEM Brains Hope So..............

09/18/2012: Smith STEM Jobs Act of 2012, H.R. 6429, Introduced Today

• The House legislative bill number is H.R. 6429 and placed on suspension of rule calendar with 40 minutes of debate, followed by voice vote and if roll call votes are requested on the floor, it is likely to happen later. Stay tuned.
  • Summary of the bill.
  • Official Press Release
• List of 45 co-sponsors:
  • Rep Bachus, Spencer [AL-6] - 9/18/2012
    Rep Bilbray, Brian P. [CA-50] - 9/18/2012
    Rep Blackburn, Marsha [TN-7] - 9/18/2012
    Rep Buerkle, Ann Marie [NY-25] - 9/18/2012
    Rep Calvert, Ken [CA-44] - 9/18/2012
    Rep Carter, John R. [TX-31] - 9/18/2012
    Rep Cassidy, Bill [LA-6] - 9/18/2012
    Rep Chabot, Steve [OH-1] - 9/18/2012
    Rep Chaffetz, Jason [UT-3] - 9/18/2012
    Rep Coffman, Mike [CO-6] - 9/18/2012
    Rep Conaway, K. Michael [TX-11] - 9/18/2012
    Rep Cuellar, Henry [TX-28] - 9/18/2012
    Rep Dent, Charles W. [PA-15] - 9/18/2012
    Rep Dreier, David [CA-26] - 9/18/2012
    Rep Flake, Jeff [AZ-6] - 9/18/2012
    Rep Franks, Trent [AZ-2] - 9/18/2012
    Rep Gallegly, Elton [CA-24] - 9/18/2012
    Rep Goodlatte, Bob [VA-6] - 9/18/2012
    Rep Granger, Kay [TX-12] - 9/18/2012
    Rep Griffin, Tim [AR-2] - 9/18/2012
    Rep Grimm, Michael G. [NY-13] - 9/18/2012
    Rep Hanna, Richard L. [NY-24] - 9/18/2012
    Rep Herger, Wally [CA-2] - 9/18/2012
    Rep Hultgren, Randy [IL-14] - 9/18/2012
    Rep Issa, Darrell E. [CA-49] - 9/18/2012
    Rep Labrador, Raul R. [ID-1] - 9/18/2012
    Rep Lankford, James [OK-5] - 9/18/2012
    Rep Lewis, Jerry [CA-41] - 9/18/2012
    Rep Lungren, Daniel E. [CA-3] - 9/18/2012
    Rep Manzullo, Donald A. [IL-16] - 9/18/2012
    Rep McCaul, Michael T. [TX-10] - 9/18/2012
    Rep McKinley, David B. [WV-1] - 9/18/2012
    Rep Myrick, Sue Wilkins [NC-9] - 9/18/2012
    Rep Neugebauer, Randy [TX-19] - 9/18/2012
    Rep Palazzo, Steven M. [MS-4] - 9/18/2012
    Rep Pearce, Stevan [NM-2] - 9/18/2012
    Rep Poe, Ted [TX-2] - 9/18/2012
    Rep Roe, David P. [TN-1] - 9/18/2012
    Rep Roskam, Peter J. [IL-6] - 9/18/2012
    Rep Royce, Edward R. [CA-40] - 9/18/2012
    Rep Schweikert, David [AZ-5] - 9/18/2012
    Rep Sessions, Pete [TX-32] - 9/18/2012
    Rep Stivers, Steve [OH-15] - 9/18/2012
    Rep Thompson, Glenn [PA-5] - 9/18/2012
    Rep Yoder, Kevin [KS-3] - 9/18/2012

09/18/2012: Sen. Schumer Press Release of BRAINS Act

• This following highlights his bill.

1. It creates a 2-year pilot program to provide 55,000 new green cards per year for foreign students who graduate from U.S. universities with advanced degrees in science, technology, engineering, and mathematics (“STEM”).

2. To be eligible, an alien must 1) have received a master’s degree or higher from an eligible U.S. university in science, technology, engineering, or mathematics; 2) have an offer of employment in the U.S. in a STEM field, and 3) be petitioned for by an employer who has gone through labor certification to show that there are not sufficient American workers able, willing, equally qualified and available for the job at the wage level paid by the employer to all other individuals with similar experience and qualifications for the job.

3. To be eligible for its students to receive green cards, a university must be: 1) accredited; 2) at least 10 years old; and 3) classified as a research institution by the Director of the National Science Foundation. The school cannot provide incentive payments to persons based on securing foreign students for the university.

4. It encourages the best and brightest foreign students to study, live, and work in the United States by allowing them to receive student visas to attend our colleges and universities to study in STEM fields. STEM students will no longer be required to demonstrate that they have no desire to stay permanently in the U.S. as a precondition to being allowed to attend school here.

5. It provides any unused green cards from this program to be used to reduce the backlog for employment-based green cards that exists for highly-skilled STEM advanced-degree graduates from foreign universities.

6. It allows temporary workers on high-skilled visas who have not violated their status to renew their visas from within the United States.

7. I provides labor protections to ensure that foreign workers do not take high-paying high-skilled jobs that American workers are available to fill.

8. It codifies the practice that the priority date (for determining an alien’s place in line) for an employer’s green card petition is the date that the employer files the labor certification application. The bill also ensures that an alien who switches from one green card family-preference category to another retains their original priority date, and that an alien who switches from one green card employer-preference category to another retains their original priority date.

9. It expands “age-out” protection in current law to benefit minor children who turn 21 while they wait for their green cards to become available.

10. It encourages highly skilled workers to remain in the United States by providing for faster reunification with their spouses and minor children. This is done by creating a new entry slot for a nuclear family member of a highly-skilled permanent resident when a lawful permanent resident is deported. Consequently, net immigration is not increased, but family reunification is expedited.

09/18/2012: DV-2014 Immigration Lottery Instructions

09/18/2012: Passed S. 3245 is Not Yet Law and Has Yet to be Presented to the President for Signature

• This bill to extend the sunsetting 4 immigration programs at the end of this month for five years passed both the Senate and the House. In the House, when it was passed, there was a motion to reconsider laid on the table agreed to without objection. Under the House protocal, such bill should wait for three days and when no further action is required, the passed bill is to be forwarded by the Congress to the President for his signature into law. For the reasons, this passed bill has yet to be forwarded to the White House, which is likely to take placed very soon. Once the White House receives a passed bill from the Congress, the President will not sign it immediately unless emergency is involved to allow the public to address their opinion for five days. This practice of the White House was launched after Obama promised in the election such change to give opportunity for the citizens to express their views directly to the President and before the President signs a bill. It is uncertain whether the President will take this bill on emergency calendar in the White House, but one thing certain is that he will definitely sign this bill into a law and involved stakeholders and immigrants should not worry about any unancipated surprises. Just for an update.

09/18/2012: Senator Schumer to Announce Today Introduction of the Senate Version of STEM Bill in the Senate

• Senate and House are not in legislative sessions today other than pro forma sessions, but report indicates that the powerful Senator Chuck Schumer who is the Chairman of the Senate Judiciary Immigration Subcommittee will release today and introduce in the Senate tomorrow his version of STEM bill "BRAINS Act" which is somewhat close to the Democrat Rep. Zoe Lofgren bill in the House in that it gives 50,000 new STEM visas, but unlike the Rep. Smith bill, will not eliminate the immigration lottery program and rather add some restrictions to the for-profit employers sponsoring such STEM immigration petitions. Anyone is surprised? NOPE.................. This reporter anticipated and reported this earlier. The Smith STEM bill, even if it passes in the Republican House day after tomorrow, 09/20/2012, the Democratic Senate will not pass the Smith bill as it is now and more or less support the concept of Rep. Zoe Lofgren's proposal which has suffered slapping in the face by the Republican House that will put the Republican bill on the floor for vote as soon as the bill is introduced tomorrow. while the Lofgren.s bill has been ignored in scheduling for either hearing or putting on the voting in the Republican House. Read on. For the reasons, it is speculated that the STEM bill will go nowhere before the national election. Both parties are just reacting to the mounting political pressures from high tech industry. Read on.

09/17/2012: American Consulate in Chennai, India Closed from Today Through Wednesday, 09/19/2012

09/17/2012: USCIS Announces FY 2012 Citizenship and Integration Grant (Approx. $5 Million in Total) Program Recipients (31)

• Access California Services Anaheim, Calif.
• Alaska Literacy Program, Inc. Anchorage, Alaska
• Asian Counseling and Referral Service Seattle, Wash.
• Baltimore City Community College Baltimore, Md.
• Catholic Charities of the Archdiocese of Atlanta, Inc. Atlanta, Ga.
• Catholic Charities of the Archdiocese of Hartford, Inc. Hartford, Conn.
• Catholic Charities of the Diocese of St. Petersburg, Inc. St. Petersburg, Fla.
• Catholic Charities of the Diocese of Stockton, Inc. Stockton, Calif.
• Central American Resource Center Washington, D.C.
• Central American Resource Center of California Los Angeles, Calif.
• Chinese American Service League, Inc. Chicago, Ill.
• Church World Service, Inc. Greensboro, N.C.
• City of Littleton Littleton, Colo.
• Ecumenical Ministries of Oregon Portland, Ore.
• Elk Grove Unified School District Elk Grove, Calif.
• Fresno Unified School District Fresno, Calif.
• HIAS and Council Migration Service of Philadelphia Philadelphia, Pa.
• Hispanic Unity of Florida, Inc. Hollywood, Fla.
• International Institute of Akron, Inc. Akron, Ohio
• International Institute of Metropolitan Detroit, Inc. Detroit, Mich.
• International Rescue Committee, Inc. New York, N.Y.
• International Rescue Committee, Inc. San Jose and Sacramento, Calif.
• Jewish Family and Children's Service, Inc. Waltham, Mass.
• Lao Family Community of Minnesota, Inc. St. Paul, Minn.
• Lutheran Social Services of South Dakota Sioux Falls, S.D.
• Nashville Adult Literacy Council Nashville, Tenn.
• Northern Manhattan Improvement Corporation New York, N.Y.
• Skyline Literacy Harrisonburg, Va.
• World Relief Corporation of National Association of Evangelicals Spokane, Wash.
• World Relief Corporation of National Association of Evangelicals Wheaton, Ill.
• Young Men’s Christian Association of the Greater Houston Area, Inc. Houston, Texas

09/17/2012: Smith STEM Bill Vote Schedule in the House Moved Up to 09/20/2012, Thursday

09/17/2012: Senate Does Not Return to a Voting Session Until Wednesday 09/19/2012

• See how tight the Senate's remaining session is before it goes into a long recess. When it returns on Wednesday, it is scheduled to take up the House-passed Stop-Gap funding Concurrent Resolution, H.J. Res 117. No amendment is expected on the floor but we will see how it goes.

09/16/2012: Smith STEM Bill Reportedly Puts House Democrats in Hot Spot

• Over the years, diversity immigration lottery program has witnessed a change in ethnic colors. Additionally, the need for diversity in immigration has been challenged in many different ways in the recent immigration proposals, putting Democrats in predicaments. Currently STEM immigration is a very popular political agenda at all levels and across the political spectrum as STEM immigration is considered a job creator and boost of economy under the challenging economic environment of the nation. Therefore, voting against the STEM immigration can result in a negative impact politically. Meanwhile, voting the Smith bill could run against the Democratic political platform. Whether intended or unintended, the Republican's Thursday's scheduling of vote of the Smith bill in a rush mode will strategically place the Republicans in an offensive position giving not much time and room for the Democrats to handle the situation, assuming the House and the Senate indeed will go into the long recess after the coming Friday. In a way, this is quite an unexpected development creating quackmire in a way. Assuming that this bill passes in the Republican House, the Democratic Senate can revert the position by amending the Smith bill with removal of the proposal of diversity immigration and pass the STEM immigration only bill during the Lame Duck session after the election, which will put the Democrats to an offensive position and the Republicans in the House in a defensive position. What a politics! The drama is getting interesting.

09/16/2012: Backgrounds, Major Differences, and Prospects of Two "Partisan" STEM Bills in the House

• Computerworld and Hill summarize the subject matters very well, and this reporter encourages lay people readers to go over these reports. This reporter will report summaries after next week.

09/15/2012: House Democrats Introduced 09/14/2012 Another STEM Immigration Bill of 2012

• Yesterday, Rep. Zoe Lofgren of California introduced H.R. 6412 "Attracting the Best and Brightest Act of 2012" in the House to grant immigration status to STEM major foreign brains. Accordingly, two STEM bills of two different parties will more or less contest each other in the House. What does it mean? The chance for Rep. Smith's STEM bill to pass the House by voice vote in suspension of rule on next Friday may not work well as Democrats may request roll call votes that require two thirds of yeas to pass. By the way, one of the co-sponsors of the Smith bill is the House majority leader, explaining how the Smith bill would be so quickly placed on the House floor next Friday under the suspension of rules calendar. Smith bill has yet to be introduced in the House. Why all of sudden STEM immigration legislation turns into the spotlight? Remember that over 150 universities petitioned a few days back and there have been growing pressure from the high tech businesses. Remember also that the national election is less than two months away!
• For the unofficial full text and summary of H.R. 6412, please click here.

09/14/2012: House Republicans to Push STEM Jobs Act of 2012 Next Friday

• Rep. Lamar Smith is sponsoring this bill and the House floor is scheduled to take up this bill on suspension of rules calendar for voice vote on 09/20/2012, assumedly the last day of the Congressional session before the Congress will go into recess for the national election.
• Report indicates that the bill will propose elimination of diversity visa, replaced by STEM immigration program granting 55,000 STEM advance degree holders green cards. This bill sounds very similar to Rep. Isaa's bill which is already pending in the House. According to the report, the bill is likely to include the following proposals:
  • An individual must have earned a doctorate or a master's degree from a U.S. university in order to be eligible for the visa. Those who took courses online also qualify, but they must be physically present in the U.S.
  • Employers must petition for the visas on behalf of job candidates. A U.S. employer that wants to hire a foreign national and secure a green card for that individual must go through a labor certification process, similar to what is now used in employment-based green cards, to show that there are no qualified U.S. citizens who are available for the job.
  • The visa candidate must agree to work for at least five years for the petitioning employer, or in a STEM field.
  • The visas will be limited to foreign nationals who earned degrees at Ph.D.-granting universities with high levels of research activity.
  • First preference goes to people who hold doctorates. Any unused visas are then made available to people with master's degrees.
• One information which is missing is whether the 55,000 STEM visas will be subject to per country limitation under the current statute. Considering the fact that there will be a short Lame Duck session after the election and before this 112th Congress sunsets at the end of the year, the chance of this bill is anybody's guess. We will monitor development of this bill next week.

09/14/2012: USCIS 09/14/2012 Update of DACA FAQ

• In this update, the USCIS provides additional informations and answers to questions. Importatnt to read this DACA FAQ Update in "red color" of 09/14/2012

09/14/2012: USCIS DACA Processing Statistics as of 09/13/2012

• Total Received: 82,361
• Biometrics Scheduled Cases: 63,717
• Ready for Review: 1,660
• Completed: 29

09/14/2012: Permanent Labor Certification (PERM) Processing Times Update as of 09/04/2012

• Analyst Review (Clean Case): 06/2012 (Priority Date)
• Audit Cases: 01/2012 (Priority Date)
• Reconsideration Request Cases: 10/01/2011 (Priority Date)
• Government Error Reconsideration Cases: Current

09/14/2012: House Passed Yesterday a Resolution, H.RES.775 Condemning Shooting/Killing of 6 Innocent People at Sikh Temple in Wisconsin on August 5, 2012

• As a token against the ethic and religious violence, the nation, through the House of Represenatatives, expressed its condemnation against the incident. It is hoped that the Sihk community takes it as an emotional heal from the pains which they had suffered from the tragic incident.

09/14/2012: House Passed H.J. Res 117 Continuing Resolutions by 329:91 Absolute Majority for Stop Gap Funding for 6 Months Through 03/27/2013

• Yesterday evening, the House passed this bill and forwarded it to the Senate for its consent. Stakeholders are watching to see whether any pro or con programs, including immigrations, would be attached to this bill at the last minute. The bill which passed the House sailed through the floor smoothly except a couple of resolutions to amend the bill and no immigration programs were attached to this final bill. Some wonders whether the Senate would amend the bill by its own attachments, but in view of time which runs out fast and the party leaders' agreements, there is no likelihoood that any controversial legislative proposals will be attached to this bill. The Senate is scheduled to take up this bill under suspension 09/19/2012 (Wednesday) which does not allow amendments to pass it swiftly before the end of next week. Readers may recall our earlier report that once this bill is passed, there is a possibility that the Congress may go into a long recess at the end of next week (09/22/2012) through the national election in November.

09/13/2012, 06:32 EST: Hooray, House Passed S. 3245 by 412:3 Absolute Majority!

• Once the President signs this bill, the October Visa Bulletin relating to these immigration programs will be automatically revised to "current" such that the agencies including USCIS, Department of State (visa posts), HHS, and States can continuously process, without any interruptions, immigration petitions and applications for the petitioners and beneficiaries.

09/13/2012, 06:30 EST: Concurrent Resolution Roll Call Voting in Process

• House floor has taken care of all the bills scheduled for today other than Stop-Gap funding bill and S. 3245. Currently the Stop-Gap bill roll call is in process and we have only 30 minutes remaining for the House floor to adjourn today. Please stay tuned.

09/13/2012: USCIS Outage Alert of ELIS E-Filing System for I-539 Between 8:00 pm 09/14/2012 and 08:30 pm 09/16/2012

• The USCIS announces that USCIS Electronic Immigration System (USCIS ELIS) will undergo scheduled maintenance from Sept. 14 at 8 pm to Sept. 16 at 8:30 pm EDT and will not be available during this time. Payment processing for e-Filing will be unavailable from 6 p.m. on Saturday, Sept. 15, 2012, to midnight on Sunday, Sept.16, 2012, because of Pay.gov maintenance. Customers will be able to access the system but not process payments for forms during this time.

09/13/2012: 150 Nation's Universities Throughout the Country Petition STEM Green Card Immigration Reform

• Read on.

09/13/2012: USCIS Processing Times Report Update of 09/13/2012

• Please see our home page.

09/13/2012: Social Security Administration Releases Q&A for DACA DREAMers Social Security Number Procedures and Requirement

• Read on.

09/13/2012: Today's House Floor Schedule Including S. 3245

• The following are the bills which the House floor will take care of today. This reporter is somewhat nervous because of the two reasons: One, the stop-gap continuing resolution bill is listed on the top. Second, S.3245 is listed at the bottom. It is hoped that the stop-gap funding bill would not exhaust the House's time too much. Yesterday, one bill dragged on and on consuming a tremendous floor time close to late afternoon, victimizing the bill of our concern, S.3245 for extending the sunsetting immigration programs timely. There will be no vote activities in the morning and first votes are scheduled between 2:30 and 3:30 p.m. and the last votes are scheduled between 5:30 and 7:00 p.m. Yesterday, the floor session was scheduled to end at 5:30 p.m. and there was a run-out-of-time to pick up our bill, S.3245. Please note that there will be at least "three hours" for debates for other bills before the floor can reach the postponed bills, not to mention the roll call voting time! S. 3245 should not need the debates because the debates were completed day before yesterday when the bill was postponed.
  • H.Res. 779 - A resolution providing for the consideration of H.R. 6213 - No More Solyndras Act (Special Rule, One Hour of Debate) (Sponsored by Rep. Pete Sessions / Rules Committee)
  • H.J.Res. 117 - Continuing Appropriations Resolution, 2013 (Closed Rule, One Hour of Debate)
  • H.R. 6365 - The National Security and Job Protection Act (Closed Rule, One Hour of Debate)
  • Two Postponed Votes on Legislation Considered Under Suspension of the Rules:
    • 1) H.R. 1775 - Stolen Valor Act of 2011 (Sponsored by Rep. Joe Heck)
    • 2) S. 3245 - A bill to extend by 3 years the authorization of the EB-5 Regional Center Program, the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program (Sponsored by Sen. Patrick Leahy)
• Let's cross our fingers today.

09/12/2012: House Adjourned Today Without Reaching Two Postponeded Bills Including S. 3245

• Out of the bills which had been scheduled for roll call votes today, the House failed to reach two bills which were taken up and debated but postponed yesterday for running out of time.

09/12/2012: New York Times Estimates at Least 200,000 DACA Filing Before November 6 Election Day

• Unlike previous report of 40,000 DACA filing by other media, New York Times reports 72,000 DACA applications have been filed. Based on this statistics, it estimates that the number may reach at least 200,000 before the election day. Read on.

09/12/2012: Rumors Surfacing Congress to Recess As Early As End of Next Week Because of Election Battles in Their Home Districts

• Report indicates that there is an indication that the Congress may go into recess after their session on 09/21/2012 because of election strategy calculations of both parties for their members who run for the reelections. Inasmuch as they muscle to pass Stop Gap Appropriations (Continuing Resolution), it sounds that such scenario can be a good possibility. As far as the immigration legislation is concerned, there is no stake involved because there are no crucial legislative bills that wait for the Congressional action other than S. 3245 for extension of sunsetting laws for four immigration programs.

09/12/2012: House Floor Schedules Roll Call Votes Today for Postponed Bills Including S.3245 Roll Call Votes

• The House is scheduling the postponed roll call votes today for S. 3245. The first votes are expected: 1:30 - 3:00 p.m., EST, and the last votes are expected: 4:30 - 5:30 p.m. EST, today. The House floor is expected to take up the postponed S.3245 early in the voting schedule. Stay tuned to this website for this important legislation to extend for three years four immigration programs in the immigration statutes. Once this bill passes in the House today, it will straightly go to the White House for the President's signature.

09/11/2012: Passage of S. 3245 by Voice Vote Failed in the House Today and Further Proceeding Postponed Pending Yeas and Nays Roll Call Votes

• House floor took up this bill this afternoon and debated on the floor. It was scheduled to pass this bill by voice vote after the debate, but Yeas and Nays were requested on the floor of the House and the Chair had to postpone this bill pending the roll call votes on other day. Under the House Rule XX, Clause 8, this bill will be put on roll call votes in two days. This was an unexpected development, more or less.

09/11/2012: Conditional Visa Number "Unavailable" in October Visa Bulletin for EB-4 Non-Minister Religious Worker Special Immigrant Visas and EB-5 Regional Center Investor Immigrant Visas in October 2012 Visa Bulletin

• The October 2012 Visa Bulletin shows that the immigrant visa numbers will be "Unavailable" in October 2012 since the law that supports these immigrant programs will sunset on 09/30/2012. Currently the House is scheduled to pass S. 3245 as amended this week to extend these programs for three years. Report indicates that the Senate will also swiftly pass the S. 3245 as amended within this week. The Visa Bulletin notes that if there is legislative action extending one or both of these categories for FY-2013, those cut-off dates would immediately become “Current” for October. We anticipate that the Conrad 30 J-1 Waiver Program for International Medical Graduates may be in a same boat. So, so far so good, right?
• Obviously, these four sunsetting immigration programs are likely to be extended until September 30, 2015. One question is whether the House will pass the bill with its own amendments. Then, it will have to go back to the Senate for its decision or may have to go through the House-Senate Conference Committee and can be delayed a little bit for the final passage. But when the sponsor of this bill, Senator Leahy, amended his original version which was supposed to make these program permanent programs rather than extension into a three-year extension bill, he must have done so to accommodate the anticipated resistance in the Republican House, particularly Tea Party members. For the reasons, it appears that everything may be taken care of within this week for the peace of minds for non-minister religious workers, religious group employers, Regional Center investment projects, and foreign medical doctors and health care entities, unless some surprises take place on the House floor. Let's watch how it unfolds on the House floor this week.

09/10/2012: Six-Month Continuing Appropriations Resolution, 2013

• This is the six-month stop-gap federal government appropriations from October 1, 2012 through March 31, 2013. Reportedly, the outline for the bill was agreed upon by House Speaker John Boehner (R-Ohio) and Senate Majority Leader Harry Reid (D-Nev.) this summer, and Senate is likely to pass this resolution this week. The House is expected to vote on the measure on Thursday. See H.J. Res. 117

09/10/2012 October 2012 Visa Bulletin

• EB, simply shocking!!

Family-Sponsored
ROW, CHINA, INDIA, MEXICO ,PHILIPPINES
FB-1: 10/08/05 10/08/05 10/08/05 06/15/93 04/01/96
FB-2A: 06/01/10 06/01/10 06/01/10 05/15/10 06/01/10
FB-2B: 09/15/04 09/15/04 09/15/04 10/01/92 01/22/02
FB-3: 05/22/02 05/22/02 05/22/02 02/08/93 07/22/92
FB-4: 03/15/01 02/15/01 03/15/01 06/22/96 02/08/89

Employment- Based
ROW, CHINA, INDIA, MEXICO, PHILIPPINES
EB-1: C C C C C
EB-2: 01/01/12 07/15/07 09/01/04 01/01/12 01/01/12
EB-3: 10/22/06 02/08/06 10/15/02 10/22/06 08/01/06
EB-3EW: 10/22/06 06/22/03 10/15/02 10/22/06 08/01/06
EB-4:C C C C C
Certain Religious Workers U U U U U
EB-5:
TargetedEmployment Areas/Regional Centers: C C C C C
5th Pilot Programs: U U U U U

09/10/2012: Senate Announcement of "No Roll Call Votes" for Three Dates Further Squeezing Senate's Legislative Calendar in September

• There are many legislative bills, including immigration bills, that are anxiously waiting for Senate floor action. The Senate Majority Leader this morning announced that there will be no roll call votes on 09/17/2012 (Monday), 09/18/2012 (Tuesday), and 09/26/2012 (Wednesday). Immigration advocates, please beware.

09/10/2012: ECFMG IWA Outage (September 11 & 12) Alert for International Medical Graduates (IMGs)

• ECFMG Reporter has announced that due to required maintenance, ECFMG's Interactive Web Applications (IWA) will be unavailable for up to 24 hours, beginning at 6:00 p.m., Eastern Time in the United States, on September 11, 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 examination application; accessing a USMLE scheduling permit; or requesting an extension of a USMLE Step 1 or Step 2 CK eligibility period. Beware. For additional details, please contact ECFMG Reporter.

09/10/2012: GAO Releases on 09/10/2012 Report on "State Department Could Enhance Visa Fraud Prevention by Strategically Using Resources and Training"

• The report indicates that certain countries and visa categories are subject to higher levels of fraud. In fiscal year 2010, almost 60 percent of confirmed fraud cases (9,200 out of 16,000) involved applicants certain countries. Department of State (State) officials told GAO that fraud most commonly involves applicants for temporary visits to the United States who submit false documentation to overcome the presumption that they intend to illegally immigrate. Fraud is also perpetrated for immigrant visas and nonimmigrant visa categories such as temporary worker visas and student visas. In response to State efforts to combat visa fraud, unscrupulous visa applicants adapt their strategies, and as a result, fraud trends evolve over time.
• The report faults with the State Department for its failure to utilize technological resources such as Kentucky Consular Center which they use for the employment-based nonimmigrant visa applications. The report also faults with the State Department's failure to provide adequate training to the personnels in the visa posts fraud detection and prevention.

09/10/2012: Romney Faces Growing Pressure to Move Towards the Center as the Election Day Inching Doorstep

• Even though it is somewhat too late, it is a good news that Romney has started moving towards the center to gain the supports among the undetermined voters. One was widely publicized yesterday relating to the Romney's Health care Plan that will accommodate in part the Obamacare plan. The move is asssessed negatively in some segments, particularly among Democrats, as a flip-flop, but we admire his bold move to resist against such pressure and step forward to reach the undetermined voters. There is a growing pressure within GOP who are concerned with the independent voters for the GOP to win and coming forward advocating a compromised comprehensive immigration reform platform for Romney and GOP. News report indicates that such move is even growing strong in the State of Arizona. The history will record that it was a huge mistake for Romneyto scare off DACA DREAMers. The sooner he announces a compromised comprehensive immigration reform platform, the better he would be able to heal the wounds to his Presidential candidacy and damage to the GOP itself.

09/10/2012: Unlike the Publicity, the Pace of DACA Applications Reportedly Slow in Numbers

• DACA has stirred up a quite bit of political quack-quack allegedly involving upto over one million potential undocumented alien youngsters, but report indicates that during the three weeks since 08/15/2012, only about 40,000 applications have been filed. There may be a number of reasons why the numbers are so limited, but reportedly there are broadly two causes that have led the DREAMers to stay away from coming forward and filing the applications. One reason is unforeseeable result of the Presidential election on November 6, 2012 and the other is so many questions that have yet to be answered for the youngsters to take a chance. Since the Presidential election is only less than two months away, it is anticipated that the pace may be further slowed down. Simply put, uneasiness appears to hold them back.

09/10/2012: DOL iCERT Portal System Outage Alert Tomorrow

• OFLC has just announced that due to regular system maintenance, the iCERT System will be unavailable from 8:00AM to 9:00AM Eastern Time on Tuesday, Spetember 11, 2012. Please remember that the system will be not available again during the night of Thursday, 09/14/2012.

09/10/2012: F & M International Students, Are You Currently Experiencing Problems in Obtaining Social Security Card and Driver License?

• The DHS SEVP is aware of the ongoing problems you are encountering. For the help, please click here.

09/10/2012: House Floor to Take Up S. 3245 on 09/11/2012 Extending Sunsetting Four Programs for Three Years Through 09/30/2015

• This Senate bill initially proposed to make the four sunsetting immigration programs (Non-Minister Religious Worker Special Immigration, Conrad 30 International Medical Graduate J-1 Waiver by States, EB-5 Regional Center Investor Immigrant Program, and E-Verify Program) "permanent" by Sen. Leahy, but in order to pass this bill timely, he amended the original bill to just extension of three years rather than permanent programs and the Senate passed it on 08/02/2012 just before the Senate went into the recess. Now, the House floor will take up this bill, as amended, on 09/11/2012, Tuesday, after the House Judiciary Committee passed the bill. There is no information available about at this time as to whether this bill will be amended on the House floor, but for now, it is a good news for those stakeholders and immigrants who are desperately waiting the Congressional action before the laws sunsets on 09/30/2012. Otherwise, these programs will have to be passed as part of the Continuing Resolution to fund the federal government after 09/30/2012. Please stay tuned.

09/10/2012: Return of the Congress to Session and House Judiciary Immigration Subcommittee Hearing on 'The Obama Administration, Abuse of Power'

• Both the House and the Senate return to the sessions today before they return to their districts again in October for the campaign. Obviously DACA and Prosecutorial Discretion policies of the Obama Administration are sour grapes politically and regardless of any chances for any bills to make through the Congress and the President to stop the policies, the House may want to raise their voices against such policies. As soon as the DHS Secretary released so-called DACA Memorandum on 06/15/2012, two House members from the State of Arizona introduced bills to stop implementation of the DACA. On 06/19/.2012, Rep. Benjamin Quayle introduced H.R.5953 to ban implementation of Obama Administration's Prosecutorial Discretion policy in general and DACA, and on the same day, Rep. David Schweikert introduced H.R.5957 to prohibit implementation of specifically DACA policy. Obviously, underlying these legislative bills are the argument that such policies are abuse of power.
• The House Judiciary Immigration Subcommittee will open a hearing on 09/12/2012 to bring up this issue. Considering the fact that the Senate is a "Democratic" chamber and the current President is a Democrat, there is practically "nil" chance that either of these bills can be enacted into a law, but it will be interesting to hear the details of the voices of opposing political leaders.

09/07/2012: New Visa Agreement Taking Effect on 09/09/2012 Between U.S. and Russia for Travel

• The State Department has announced this agreement as a historic agreement. The changes include, among others:
  • •Three-year, multiple-entry visas will be issued as the standard “default” visa for U.S. citizens visiting Russia and Russian citizens visiting the United States;
  • •Diplomatic and official visa holders on temporary assignments will receive one-year, multiple-entry visas;
  • •The agreement streamlines the visa issuance process by reducing the documentation required. For example, the Russian government will no longer require U.S. citizens to provide formal, “registered” invitation letters when applying for Russian business visas or visas for private visits, although applicants seeking Russian tourist visas must continue to hold advance lodging reservations and arrangements with a tour operator;
  • •Both sides have committed to keeping standard visa processing times under 15 days, although the circumstances of individual cases may require additional processing; and
  • •The $100 issuance – or reciprocity – fee for Russians issued U.S. visas for business or tourism (visa types B1/B2) will decrease to $20.
• Please read the full text of the announcement.

09/07/2012: DHS September 2012 Annual Report of Immigration Enforcement During FY 2011

• Key statistics are as follows:
  • • CBP found 212,000 foreign nationals inadmissible for entry into the United States.
    • DHS made 642,000 apprehensions of foreign nationals; 76 percent were natives of Mexico.
    • ICE detained approximately 429,000 foreign nationals, an all-time high.
    • DHS returned 324,000 foreign nationals to their home countries without a removal order.
    • DHS removed 392,000 foreign nationals from the United States. The leading countries of origin of those removed were Mexico, Guatemala, Honduras, and El Salvador.
    • Reinstatements of final orders accounted for 130,000, or 33 percent, of all removals.
    • Expedited removals accounted for 123,000, or 31 percent, of all removals.
    • ICE removed 188,000 known criminal aliens from the United States, an all-time high.
• Wow.

09/07/2012: PERM Site Outage Alert Next Thursday Night

• The Permanent Online system will be unavailable from 8PM ET on Thursday, September 13, 2012 to 6AM ET Friday, September 14, 2012 for routine maintenance.

09/07/2012: ICERT Portal System Outage Alert Next Thursday Night

• The iCERT will be unavailable from 8PM ET on Thursday, September 13, 2012 to 6AM ET Friday, September 14, 2012 for routine maintenance.

09/07/2012: CBP Advisory for F/M/J Nonimmigrants Encountering Problem from CBP's Termination of Admission Stamping on Their I-20/DS-2019

• We reported earlier, CBP officers are no longer placing admission stamps on I-20 or DS-2019 forms at the ports of entry. While the admission stamps on Forms I-20/DS-2019 are not indicators of lawful status or academic program duration, some state and federal benefit granting agencies have required international students and scholars to present stamped versions. The CBP advises that if a state benefit granting agency rejects an unstamped Form I-20/DS-2019, applicants may make an appointment with USCIS online through InfoPass and take their Form I-20/DS-2019 to their local USCIS office to be stamped. ( InfoPass ) This transitional step will end on Nov. 21, 2012.
• International students and scholars who encounter issues with their state or federal benefit applications should continue to contact the Immigration and Customs Enforcement Student and Exchange Visitor Program (SEVP) at (703) 603-3400 or SEVP@dhs.gov.

09/06/2012: The U.S. Embassy in Delhi Announces a New Visa Processing System in India Effective 09/26/2012

• The American Embassy in New Delhi, India has announced that the visa posts throughout India will implement a new visa processing system effective 09/26/2012 as follows:
  
  • "The United States Embassy in India today announced it is implementing a new visa processing system throughout India that will further standardize procedures and will simplify fee payment and appointment scheduling through a new website at www.ustraveldocs.com/in. Minister Counselor for Consular Affairs, Julia Stanley, announced at a press conference here today that beginning September 26, 2012 U.S. visa applicants will be able to pay application fees via Electronic Fund Transfer (EFT) or with their mobile phones. They can also pay in cash at more than 1,800 Axis bank branches.
  • For the first time, applicants will be able to schedule their appointments online or by phone. The new system will also allow companies and travel agents to purchase multiple fee receipts for group travel, and it accommodates the scheduling of group and emergency appointments.
  • Visa applicants will be able to have their questions answered via telephone, email, or online chat. Call center agents in Noida and Hyderabad will answer questions in Hindi, English, Punjabi, Gujarati, Tamil, and Telugu. Call centers will be open 8:00 am to 8:00 pm Monday through Friday, and 9:00 am to 6:00 pm on Sunday. The numbers are (91-120) 660-2222 or (91-22) 6720-9400 in India or 1-310-616-5424 in the United States. Applicants can email in English or Hindi at support-india@ustraveldocs.com, or they can chat with us directly from our website (www.ustraveldocs.com/in) during call center hours.
  • One important change is that under the new system, applicants will have to make two appointments. Prior to their visa interviews, applicants will have to visit an Offsite Facilitation Center (OFC) to submit their fingerprints and a photo. Located apart from the Embassy and Consulates in Delhi, Chennai, Hyderabad, Kolkata, and Mumbai, the OFCs will reduce congestion at U.S. consular facilities and speed applicant processing. Most applicants will need to visit an OFC only once."
• For other details, please read the full text.

09/06/2012: USCIS Updates 09/05/2012 DACA FAQ and Filing Information

• USCIS has reorganized the frequently asked questions and answers succinctly together with help information for filing procedure on 09/05/2012. The USCIS also intends to update FAQ often based on the questions received from the customers and stakeholders. Job well done, indeed!

09/05/2012: Unconfirmed Prediction of EB-2 Visa Cut-Off Dates for Worldwide and India

• October Visa Bulletin is expected to be released soon. But some unconfirmed sources of information indicates that EB-2 cut-off India may move as far back as upto 2006 but it can move back to earlier cut-off date July 2007 at best. The EB-2 cut-off date for ROW (Worldwide) may be lifted in October or in the worst scenario in November 2012, but fall back to a cut-off date again during FY 2013. Apparently, these predictions are predicated on the ongoing trend of heavy transfers of EB-2 professionals to EB-1, eventually resulting in reduced down fall numbers from EB-1 to EB-2 across the board. Overall, not only bad news for China and India but also all other nationals for EB-2. Conflict between these two groups can exacerbate. Please stay tuned.

09/04/2012: HHS Interim Rule Excludes DACA DREAMers From Medicaid, CHIP, and PCIP Effective 08/30/2012

• On August 30, 2012, the HHS published an Interim Rule incorporation its policy decision not to extend Medicaid benefit, CHIP, and PCIP benefits under the Affordable Care Act (nick name of Obama Healthcare). DACA DREAMers should read pp. 52616-52618 of the Intem Rule to clearly understand their healthcare issues. The following are some of the information from the new Interim Rule which went into effect on 08/30/2012:
  • As DHS has explained, the DACA process is designed to ensure that governmental resources for the removal of individuals are focused on high priority cases, including those involving a danger to national
    security or a risk to public safety, and not on low priority cases. Because the reasons that DHS offered for adopting the DACA process do not pertain to eligibility for Medicaid or CHIP, HHS has determined
    that these benefits should not be extended as a result of DHS deferring action under DACA. Concurrent with this amendment, CMS is issuing a State Health Official letter providing that individuals whose cases are
    deferred under DHS's DACA process will not be eligible under the state option. As it also would not be consistent with the reasons offered for adopting the DACA process to extend health insurance subsidies
    under the Affordable Care Act to these individuals, HHS is amending its definition of ``lawfully present'' in the PCIP program, so that the PCIP program interim final rule does not inadvertently expand the scope
    of the DACA process.
  • Under the amended rule, individuals with deferred action under the DACA process are not eligible to enroll in the PCIP program. As the PCIP program definition of ``lawfully present'' is incorporated into the rules governing the Affordable Insurance Exchanges and the premium tax credits, individuals whose cases are deferred under the DACA process also will not be eligible to enroll in coverage through the Affordable Insurance Exchanges and, therefore, will not receive coverage that could make them eligible for premium tax credits under Treasury regulations (see 26 CFR 1.36-2(a)(1)) or for cost-sharing reductions starting in 2014. This is consistent with the rationale above. This is consistent with prior guidance issued by DHS: ``If my case is deferred, will I be eligible for premium tax credits and reduced cost sharing through Affordable Insurance Exchanges starting in 2014? No. The Departments of Health and Human Services and the Treasury intend to conform the relevant regulations to the extent necessary to exempt individuals with deferred action for childhood arrivals from eligibility for premium tax credits and reduced cost sharing.
• The Sec. 152.2 of this new Interim Rule excludes DACA DREAMers from the definition of "Lawfully Present" in the DHS Secretary's 06/15/2012 DACA DREAMers memornadum as follows:
  • Lawfully present means-- * * *
    * * * * *
    (8) Exception. An individual with deferred action under the
    Department of Homeland Security's deferred action for childhood
    arrivals process, as described in the Secretary of Homeland Security's
    June 15, 2012, memorandum, shall not be considered to be lawfully
    present with respect to any of the above categories in paragraphs (1)
    through (7) of this definition.
    * * * * *
• Beware!

09/04/2012: Immigration in DNC 2012 Platform

• DNS platform to be official announced in the DNC in Charlotte, North Carolina reportedly includes the following immigration platform:

"Democrats are strongly committed to enacting comprehensive immigration reform." Immigration overhaul would include bringing "undocumented immigrants out of the shadows," requiring illegal immigrants "to get right with the law, learn English and pay taxes" to get on a path toward citizenship. It also calls for a visa system that meets the country's "economic needs, keeps families together and enforces the law." It acknowledges that administrative fixes are not permanent. "Only Congress can provide a permanent, comprehensive solution."

• Report indicates that the Republican platform opposes "any form of amnesty" for those who intentionally violate the immigration laws, demands a halt to Justice Department lawsuits against states that have enacted tough immigration measures, would deny federal funding to universities that provide lower in-state tuition rates to illegal immigrants and advocates making English the official national language.

09/04/2012: New Orleans Field Office Will Remain Closed Today and Tomorrow as Affected by ISAAC Storm

• Please see our previous notices on the agency's plan to reschedule any appointments and available reliefs for those who suffered from the ISAAC Storm.

09/03/2012: Computerworld's Survey Report of 100 Best Places to Work in IT 2012

• Computerworld released its 19th report of its survey results to select 100 best places to work in Information Technology industry in 2012. Obviously larger the employers are, more and variety of benefits they can offer, affecting the opinions of surveyed employees. Some employers indeed offer marvellous benefits. Interestingly enough, most of top H-1B employers did not score well in this survey results. Hmm........ It Ain't Interesting?
• This survey however should not discourage small employers. There must be a lot of small employers that cannot compete with large employers in benefits but offer competitive work environment. Cheer up, small IT employers!

09/01/2012: Line-Up of Speakers at DNC (Democratic National Convention) in Charlotte (09/04/2012 - 09/06/2012)

• The following are list of speakers thus far identified. Who knows another Clint Eastwood type of shock bomb speaker can pop up. Please note that the keynote speaker is one of the Hispanic leaders in the country, signifying Hispanic contituency and audience for the Obama Presidential campaign.
• Key Speakers:
  • President Bill Clinton
  • President Jimmy Carter
  • Senator Harry Reid (Senate Majority Leader)
  • Madam Nancy Pelocy (House Minority Leader)
  • Senator John Kerry
  • Debbie Wasseman Schutz (DNC Chair)
  • Charlie Crist (Former Florida Governor)
  • Rahm Emmanuel (Chicago Mayor)
  • Cory Booker (Newalk Mayor)
  • Antonio Villaraigosa (Los Angeles Mayor)
  • Julian Castro (Keynote Speaker: San Antonio Mayor)
  • Caroline Kennedy (Daughter of Late President John Kennedy)
  • Eva Longoria (Campaign Co-Chair)
  • Elizabeth Warren (Senate Candidate - Massachusetts)
• President Obama and Vice President Biden Nomination Acceptance Speech (09/06/2012 Thursday)

09/01/2012: Will Obama be Able to Overcome Republican Strategy Reportedly to Encourage his Supporters to Stay Away from Voting Booth on Election Day?

• Romney was not considered an ultra right-wing conservative, but the protracted process of selection of the Presidential candidate in the Republican Party has turned him into a victim by forcing him to remain an ultra right-wing conservative Presidential candidate until close to the election time. Traditionally, Republican Presidential contenders had to position themselves as an ultra right-wing conservattive to win the nomination in their party primary and convention. This was true particularly this year because of the rising power of the Tea Party in the Republican Party. However, traditionally they had to quickly move somewhat towards center to slowly attract the independents once the nomination is fixed in order to win in the national election. Winning in a party nomination does not guarantee Presidency! However, in 2012, the Republican Party unfortunately witnessed a tough nomination process until close to the convention, forcing Romney to moving further to the right every day. See how he has been struggling with immigration issues!!
• Now, he has finally been nominated in Tampa. Guess what. The traditional wisdom should have dictated that he should start moving towards center. But alas! By now, he has turned too right and does not have time to give incentives to turn the potential Obama supporting voters into his camp. Under the circumstances, it thus appears that Romney's next best strategies could be to encourage these voters to stay away from the voting booth on the election day since when it comes to the independent voters, there can be two ways to win over the opponent. One is to bring them out as their supporters and increase the numbers and delegate counts for the party or alternatively to reduce the numbers and delegate counts for the opposing party by keeping these independent voters away from voting. Considering the given circumstances, Romney may have no other choice but going for the latter option, according to the recent media reports. Probably, the best way to achieve the purpose may be to highlight disappointments of these Obama supporters with his strength of political leadership and broken promises. Readers must have read pro-Republican TV ads to persuade the viewers with these points. Readers must also have noticed Paul Ryan (Vice President nominee) highlighting these points in his acceptance speech in Tampa.
• Obama could have two strategies to cope with such Republican strategies. One is to persuasively override and refute such claims by evidence and the other could be to direct counter punch over Romney by highlighting Romney's political agenda that will arguably hurt these voters to the level which these voters will not be able to tolerate. Considering the fact that the election is only about a little over two months away, Obama may have only a very limited time to achieve one of these strategies. It will be interesting to watch his nomination acceptance speech which is likely to lay out his strategies to cope with the foregoing problems. Immigration has always been one of the critical issues that have played an important role. We want to see how he will present this issue in a way to balance his needs for getting support from the Hispanics and his needs not to offend mild conservative voters.

08/31/2012: USCIS Reminds Immigration Benefits Available for Individuals Affected by Hurricane Isaac

• Eligible individuals may apply for temporary relief measures, including:
  • A change or extension of nonimmigrant status for an individual currently in the United States, even when the request is filed after the authorized period of admission has expired;
  • Extension or re-parole of individuals previously granted parole by USCIS;
  • Advance parole, and expedited processing of advance parole applications;
  • Expedited adjudication of requests for off-campus employment authorization applications for F-1 students experiencing severe economic hardship;
  • Expedited processing of immigrant petitions for immediate relatives of U.S. citizens and the spouses and children of lawful permanent residents (LPRs) whose priority dates are current;
  • Expedited adjudication of employment authorization applications; and
  • Assistance to LPRs stranded overseas without immigration or travel documents, such as Permanent Resident Cards (Green Cards). USCIS and the Department of State will coordinate on these matters when LPRs are stranded in places that do not have a local USCIS office.
• Visitors traveling under the Visa Waiver Program may visit a USCIS local office for assistance. Individuals affected by the hurricane who are at a U.S. airport may contact the nearest U.S. Customs and Border Protection office for assistance. For more information on USCIS humanitarian programs, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283. Hearing-impaired persons can call 1-800-767-1833.

08/31/2012: DACA Driver License Bill AB 2189 Passed California Legislature Late Last Night and Head for Governor Signature

• Report indicates that late last night the Assembly passed the bill [55 Ayes, 21 Noes and 4 NVS] with the State Senate amendments and the bill now moves to the Governor for his signature. This bill allows the DACA approved DREAMers to obtain driver licenses in California. Very good news indeed for the DREAMers in California.
• Vote Counts:
  • Ayes: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, Block, Blumenfield, Bonilla, Bradford, Brownley, Buchanan, Butler, Charles Calderon, Campos, Carter, Cedillo, Chesbro, Davis, Dickinson, Eng, Feuer, Fletcher, Fong, Fuentes, Furutani, Galgiani, Gatto, Gordon, Hall, Hayashi, Roger Hernández, Hill, Huber, Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza, Mitchell, Monning, Pan, Perea, V. Manuel Pérez, Portantino, Skinner, Solorio, Swanson, Torres, Valadao, Wieckowski, Williams, Yamada, John A. Pérez
  • Noes: Conway, Cook, Donnelly, Beth Gaines, Garrick, Grove, Hagman, Halderman, Harkey, Jeffries, Jones, Knight, Logue, Mansoor, Miller, Morrell, Nestande, Nielsen, Silva, Smyth, Wagner
  • No Votes Recorded: Bill Berryhill, Gorell, Norby, Olsen

08/31/2012: Texas Service Center Refugee Program Engagement Session w/Opportunity for Tour of Lockbox Facility in Lewisville, TX & Records Facility in Mesquite, TX

• Texas Service Center is scheduling an engagement session on Thursday, September 13, 2012 from 9:00 am – 4:00 pm (Central). It is a full day session to go over refugee program, but before the program starts, the TSC will offer a tour of the Lockbox facility and records facility in Lewisville and Mesquite, Texas. As increased number of applications go through the intake process through the Lockbox which is not accessible to the public, it can be a golden opportunity to attend this session to take advantage of the tour on top of the refugee program discussions. For the details, please see the invitation announcement.

08/31/2012: Did You Watch the Romney's Presidential Nomination Acceptance Speech Last Night?

• Wasn't it interesting, in a way, so to speak? Let's see how Obama will perform in his Democratic Party Convention acceptance speech in Charlotte, North Carolina next Week. Reportedly, Romney's goal was image building as a 'compassionate' leader (not just a billionaire) and sending a cute(?) wink to 'women,' particularly in Ohio, and Obama's goal may be to defend against the Romney's attack on his 'leadership' quality and alleged 'broken' promises. Apparently, Romney's strategy is to drift away Obama supporters (youngsters, women, minorities, blue color workers, and independents) from the voting boothes. On the other hand, since the weaknesses of Romney include his policy and political agenda that may work against the interests of these Obama supporters, Obama may keep pounding Romney with policy and political agenda of Romney affecting these groups, which Romney may try to avoid as much as possible. Amidst these political zig-zags, substance of policies and directions of the nation including immigration will be buried under the rug until the election is over.

08/31/2012: California Assembly Floor Likely to Vote on Consent to California Senate Amendments to AB 2189

• Yesterday, Transportation Committee of the California Assembly passed the Senate Amendments to this bill that includes DACA DREAMers Driver License and now left to the Assembly floor action which is likely to take place today. Please stay tuned.

08/30/2012: HHS Excludes DACA DREAMers From Medicaid and CHIP Benefits

• HHS issued a directive to the Medicaid programs of States that: Section 214 of the Children’s Health Insurance Program Reauthorization Act of 2009 (CHIPRA) gave states the option to provide Medicaid and CHIP eligibility to children and/or pregnant women who are “lawfully residing” in the United States and otherwise eligible for Medicaid or CHIP. CMS provided guidance on the definition of “lawfully residing” in a July 1, 2010 State Health Official Letter (http://downloads.cms.gov/cmsgov/archived-downloads/SMDL/downloads/SHO10006.pdf). Because the reasons that DHS offered for adopting the DACA process do not pertain to eligibility for Medicaid or CHIP, HHS has determined that these benefits should not be extended as a result of DHS deferring action under DACA. For this reason, individuals with deferred action under the DACA process shall not be eligible for Medicaid and CHIP under the CHIPRA state option with respect to any of the categories (1)-(9) set forth in the July 1, 2010 letter.

08/30/2012: Unresolved Issues on Role of USCIS in the State Department's PIMS Procedure to Process and Adjudicate EB Nonimmigrant Visas (H,L,O,P,Q,R)

• It has been years by now since the State Department initiated the PIMS (Petition Information Management Service) procedure to adjudicate digital data based employment-based nonimmigrant visa applications at the visa posts throughout the world. Under this procedure, consular officials at the visa posts cannot determine EB visa applications unless they can get access to the digital copy of the every single page of the papers which the employers filed in I-129 petitions which are housed in the digital data base of the Kentucky Consular Center (KCC) of the U.S. Department of State. Currently, these EB nonimmigrants bring such documents including the original approval notices to the interview for the nonimmigrant visas, but the consular officer cannot adjudicate the nonimmigrant visas based on such papers and must adjudicate the nonimmigrant employment visa applications through their access to the KCC digital database.
• In order to assist the State Department, the USCIS has been requiring the I-129 petitioners (employers) to submit "two sets" of the petitions and supporting documentation and has forwarded one set to the KCC once the USCIS approved the petitions. Readers do not have to be a rocket scientist to understand what this requirement entails. Employers have been submitting tons of documents to the USCIS. As the USCIS has admitted, one set of the petition documentation includes hundreds of pages. Just double the number to understand how many documents each employer or legal representative must submit for just "one" I-129 petittion! Floods of papers do not end there. Legal representatives must keep one copy in their offices and another copies to the employers!! That is it? Nooop! When the employees go to the consulate, they will have to carry one complete set to the consulate for interview and another set must be given to the employees. Altogether five(5) sets of hundreds of pages for each petition!!! The number of pages have been steadly growing because of the increased RFE issued by the USCIS and even hundreds of papers which the employer or legal counsel on behalf of the employer must again submit to the USCIS. Currently the USCIS requires the petitioner to submit two sets of RFE response as they will have to forward one set to the KCC. Literally, employers and their lawyers are buried in avalanche of papers when they hire and file a number of petitions!
• The foregoing created "outcries" by the customers (employers, employees, and lawyers) questioning inefficiency of the government process and management by the agencies duplicating the paper works over and over again, burdening the tax payers tremendously with incredible inconvenience. The Ombudsman thus submitted the USCIS three alternatives to resolve such inefficient and burdensome process. The USCIS answers that it will wait until "transformation program" is in place for nonimmigrant and immigrant petitions and applications. Please read USCIS response to Ombudsman's Recommendations dated 08/13/2012.

08/30/2012: California DACA Driver License Bill AB 2189 in Breath-Taking Process Facing Recess of the State Assembly After the End of August

• This bill has been going through a breath taking process between the lower Chamber and upper Chamber in the California legislature because of amendments passed in each Chamber. The State Senate passed the bill with amendments and sent to the Assembly, where it goes through the legislative process to pass or reject this bill with the amendments including DACA driver license provision. Since the overwhelmingly largest number of DACA DREAMers are located in the state of Califonia, the legislative process of this bill at the state level receives increased attention at national level. Without this bill passed, the DREAMers may face some challenges in the driver license issues in California because at this time there is a confusion with the decision on this issue at the Executive level, including California Governor Brown. Check of status of this bill (AB 2189).

08/30/2012: NAFSA Comments on DOL Proposed Change to ETA 9035 Forms

• The proposed changes to the existing ETA 9035 form add a number of items that are allegedly intended to detect frauds but face strong negative comments from the stakeholder organizations. The AILA filed its comments earlier and NAFSA which is the organization of foreign student advisors of the academic institutions has also just filed its comment expressing its concerns and oppositions. Read on.

08/29/2012: DACA FAQ in Chinese Language

08/29/2012: USCIS Receipts and Approvals for All Form Types: FY 2012 (10/01/2011 - 06/30/2012)

• This update covers the data for all types of cases through 06/30/2012:

08/29/2012: Weather-Releated Closure of USCIS Offices in New Orleans Extended to 08/30/2012, Thursday

08/28/2012: November Presidential Election and Issue of its Impact on DACA for DREAMers

• Ever since the DACA was announced, one puzzling question on the back of DREAMers heads was "What would happen if Romney is elected." Media persistently confronted Mr. Romney with this question without success to get a definite answer. However, the following report in a local news media in Tempa, Florida where the Republican convention is taking place raises some concern with this question. The media reports that Romney has said that as president he would veto the DREAM Act, insisting immigration reform needs "a long-term solution." His proposals include raising caps on visas for science and technology workers, completing a high-tech fence on the border, and no amnesty. Obama's deferred-action program could be in jeopardy if Romney takes the White House. In Orlando, Romney told the National Association of Latino Elected and Appointed Officials: "Some people have asked if I will let stand the president's executive action. The answer is that I will put in place my own long-term solution that will replace and supersede the president's temporary measure."
• We have no information as to the accuracy of this media report, but if it is a correct report, this is the first time when he disclosed his intent with the DACA raising a serious concern with the impact of the election result in November. We should wait for his nomination acceptance speech to see whether he will confirm this report, but this news is not a promising news for the DACA applicants.
• The next question is "what happens with the DREAMers who have been granted DACA and EAD." Even if Romney takes the Presidency, he will not be able to "retroactively" revoke the benefits which have already been approved." Accordingly, those who received approvals of DACA and EAD may "lawfully" stay and work at least for two years, but extension of DACA and EAD will disappear, followed by removal (deportation) proceedings. Some of them could still be saved inasmuch as they could prove eligibility for the traditional relief of Deferred Action rather than the special Deferred Action relief given by the Obama Administration more or less based on the ages of the undocumented youngsters. They will however have to prove higher standards of equitable relief which transcend the DACA standards. Tip of the equity scale must be overwhelmingly moved towards the humanitarian and favorable factors.
• One additional point. Even if Romney wins and indeed takes such action, it will not happen until middle of February 2013 when he will be sworn into the office, by which time there could be a huge number of DREAMers who have already been granted DACA and EAD by the Obama Administration. Accordingly, the DHS should expedite DACA to ensure that most of the DACA are approved by such change in the White House.

08/28/2012:Weather Leads to USCIS Field Offices in New Orleans Closed Tuesday and Wednesday

• The USCIS has announced that New Orleans District Office, New Orleans Field Office, and New Orleans Application Center will be closed on Tuesday 8/27/12 - Wednesday 8/28/12 due to the impending storm Isaac. It appears that there is a confusion of dates in the announcement in that Tuesday should be 08/28/2012 and Wednesday should be 08/29/2012. The announcement was released on Monday, 08/27/2012. The USCIS should correct the errors. Until they are corrected, those have an interview scheduled on these dates may as well contact these offices to clarify the closing dates.
• According to the announcement, all applicants will be rescheduled to the next available appointment date. However, walk-ins will be processed on a case-by-case basis. If you plan to visit a USCIS office in an area affected by the severe weather or you believe may be affected by severe weather, you should call the National Customer Service Center (NCSC) 1-800-375-5283 to ensure the office is open for business and for further instructions on rescheduling your appointment if the office is closed.

08/27/2012: DOL Prevailing Wage Determination Processing Times for Different Types of Labor Certification Applications as of 08/10/2012

Processing Queue	Request Date	Status
H-1B	June 2012	60 day Current
H-2B	July 2012	30 day Current
PERM	June 2012	60 day Current
	Submission Date
Redetermination	June 2012	Same Above
Center Director Rev	June 2012	Same Above

08/26/2012: Permanent Labor Certification (PERM) Processing Times as of 08/14/2012

• Analyst Review (Clean Case): 06/15/2012 (Priority Date)
• Audit Cases: 12/2011 (Priority Date)
• Reconsideration Request Cases: 09/2011 (Priority Date)
• Government Error Reconsideration Cases: Current

08/26/2012: USCIS Filing Tips for DACA Application to Avoid Rejection

08/25/2012: DACA Driver License Bill, AB 2189, Introduced in California State Legislature

• A Democratic legislator in California legislature introduced on 08/24/2012 a state legislative bill to permit driver license to DACA DREAMers in the State of California. It appears that this bill is intended to create a safety valve as there have been some reports interpreting the existing statute allowing driver license to an alien in lawful presence. Here is the bill (AB 2189).
• This bill must pass the legislature by 08/31/2012 because the California State Legislature is scheduled to adjourn after 08/31/2012.

08/24/2012: A Country of "Talent Deficit"

• Report indicates that Brazil in South America granted 70,524 work permits to foreign professionals in 2011, 25.9 % more than in 2010. That is almost three (3) times more than the 25,400 permits issued in 2006. And yet by some estimates the country still needs an additional 20,000 engineers a year to keep up with ambitious plans to modernize its obsolete infrastructure and tap massive offshore oil reserves.
• The country is reportedly ailing from talent deficit and wants to open arms wide to attract these foreign talents. Brazil has been one of the fastest growing economies in the world. Brazil is the next Summer Olympic host country.

08/24/2012: Upcoming Federal Stop-Gap Funding Legislation and Potential Immigration Programs to Watch

• Amidst the nation's ongoing total obsession with DACA program implementation and summer recess of the Congress, legislative issues in Congress remain in shadow, even though there are ongoing fierce lobby activities by pro and con forces for certain immigration legislations. Congress will return to the session after the Labor Day holidays, which is about a little over two weeks from today and there is one important legislation the Congress will pass before it goes into another recess in October for the national election in November. Before the Congress left the hill at the end of first week in August, the political leaders of both parties had agreed to pass continuing resolution to fund the federal government until the end of March 2013, since otherwise there will be a federal government shut down effective 10/01/2012. It appears that the leaders have agreed to a basic scheleton of the temporary appropriations, but there are expected some attempts to attach legislative bills to the bill, some highly politically charged and some not.
• There are three immigration related bills which may potentially come up in that line of process. (1) S.3245 to extend the four sunsetting immigration programs in the current immigration statute (Nonminister Religious Worker Special Immigration, EB-5 Regional Center Investor Immigrant Pilot Program, Conrad 30 State NIW Waiver Programs for J-1 Foreign Medical Doctors, and E-Verify Progam). The Senate passed this bill just before the Senate left the Hill. However, it remains an open question whether the House will consent to the Senate version without any amendment, even though the House may agree to main thrust of the legislation. Should the House fail to pass the bill without amendment, this bill is likely to be attached to the Continuing Resolution and enacted as part of the Resolution. That much, this will not be that controversial. (2) H.R.3012 to eliminate per country numerical limitation to employment-based immigration. Again, should this bill fail to come up and make through the Senate as a stand-alone legislation, the supporters of this bill may potentially attempt to attach it to the Continuing Resolution. This bill will have to come on the floor in amended version to accomodate the controversial compromise proposal of Senator Grassley relating to a severe restirction to H-1B visa program. Accordingly, this bill may face some challenges from various groups. Currently, supporters and opponents of this bill are fiercely lobbying behind the scene. (3) House bill to ban DHS from using appropriations for DACA program. This bill was introduced in the House. This bill is not likely to pass the Congress when the Senate is a Democratic chamber. However, as a political publicity stunt, the Republican can attempt to attach this bill to the Continuing Resolution.
• Please enjoy the summer before these gentle ladies and gentlemen return to the Hill.

08/24/2012: Mississippi Governor Joins Arizona Governor for Banning Driver Licenses to DACA DREAMers

• On 08/22/2012, the Governor issued Executive Order banning state benefits including driver licenses to DACA approved DREAMers. Domino effects keep spreading.

08/23/2012: Federal Lawsuit Filed Against DACA Program by 10 ICE Agents

• Report indicates that 10 ICE agents filed a lawsuit Thursday against the DACA program with the allegation that this program forces the ICE agents to violate their duties to enforce immigration law against undocumented aliens. Reportedly the lead counsel is Kris Kovach, who was co-author of the Arizona illegal immigration law, the Kansas secretary of state, and an adviser to the Republican Presidential candidate Mitt Romney. No details are available at this time.
• This suit, Crane, et al., v. Napolitano, et al., No. 3:12-cv-03247-O, N.D. TX, Dallas Div, (U.S. District Court), seeks declaratory judgment of unconstitutional and temporary restraining order, preliminary and permanent injunction orders.

08/23/2012: U Visa Cap Exhausted for the Fiscal Year

• The USCIS has announced that it has approved the statutory maximum 10,000 petitions for U nonimmigrant status. For the announcement, please click here. USCIS will continue to accept new petitions as they are received until the end of the current fiscal year, and will resume issuing U-visas on Oct. 1, 2012, the first day of fiscal year 2013 when new visas are available. See announcement.

08/23/2012: Good News for DACA DREAMers in Texas on Driver License

• We just reported the Texas Governor's announcement on this issue, but unlike the situation in Arizona and Nebraska, reportedly the Texas Governor's statement was more flexible and the Texas will reportedly issue the DACA DREAMers once their DACA is approved and EAD is issued. Good news, indeed. Read the report.

08/23/2012: Terms of "Unlawful Status" and "Unlawful Presence" and "Illegal Alien" and DACA DREAMer Driver License

• Under the circumstances of lack of guidance from immigration law community, there has been developing a growing confusion among state governments, particularly Republican governors, as to the legal definition of "Deferred Action" and the distinction between unlawful status and unlawful presence or stay of an alien under the federal immigration law. The Arizona governor has issued an executive order to the effect that state driver license will not be issued to DACA DREAMers for the "alleged" reasons that the state driver licence law does not permit issuance of driver license to an alien who is in "unlawful status" or "unlawful presence." Apparently to follow the suite of the Arizona Governor action, on August 17, 2012, the Governor of Nebraska issued his policy statement that since DACA DREAMers will remain "illegal aliens," the State of Nebraska will not issue driver liecense to DACA DREAMers. On August 16, 2012, the Governor of Texas also released a policy statement for the State of Texas that the federal law does not permit government benefits (including driver license) to most "unlawfully present" aliens, and pursuant to the federal law and texas law, the State of Texas will handle the state government benefit issues per the Texas statute and federal law. This reporter earlier expressed his concerns with potential domino effect of the Arizona Governor's action on other states (particularly Republican).
• Federal immigration law is considered as complicated as the IRS tax codes. This reporter will try to briefly summarize and clarify these issues. Firstly, what is "illegal alien?" The term "illegal alien" is not a legal term but layman term probably covering aliens in unlawful status or unlawful presence in the country. Secondly, the term unlawful "status" means under the federal immigrant law that the period of admission to stay in the United States by the DHS authorities has expired or violated. Does it mean that all the aliens who's admitted period of stay expired are unlawful in the United State under the federal law? Noooops! Because under the federal immigration law, the DHS secretary has an authority to grant a permission of lawful stay or presence for certain expired nonimmigrants "pending" certain "legal" proceedings. In other words, their stay in the United Status will be conditioned upon "pending legal proceeding." This permission is called "lawful presence." Most of I-485 applicants whose nonimmigrant status expired are keep staying and working in the country legally and as soon as I-485 is denied, their permit to stay lawfully will also end and they will be neither in lawful stay nor lawful presence in the United States from that point on. There are innumerable illustrations for aliens in lawful presence pending certain legal proceedings. Under the employment-based nonimmigrant proceedings, for instance H-1B, the alien beneficiaries are allowed to stay, after their current I-94 expires, "pending" extension or change of status petitions. Strictly speaking, they are not in lawful status but they are in lawful presence under the immigration law. There are many and many different immigration proceedings that have produced aliens in lawful presence pending underlying "legal" proceedings.
• Deferred Action is an aged-old discretionary relief and a valid legal proceeding. Once the Deferred Action is granted, the aliens remain in the country in a lawful presence until it is lifted or not extended. Indeed, the law is not intended to give them any legal right other than stay and work considering extreme humanitarian concerns involved for those with no adverse record. Deferred Action is not any different from any aliens who are allowed to keep staying and work pending legal proceedings. Until now, states have been issuing state's driver licenses to those in lawful presence under the federal statute of REAL ID Act. DACA approved DREAMers with EAD will stay in lawful presence under the immigration law and should not be denied of a driver license in the states.

08/21/2012: Increased Number of Inquiries on Consular Processing of Green Card Applications

• Lately, our office has been receiving increased number of telephone inquiries from immigrants in pending EB-485 seeking advice on immigrant visa applications through the American Consulates in their home countries. It appears that these calls are created because of some development involving EB-485 proceedings. One of the factors appears to be the fact that in some countries, consular processing of immigrant visa takes shorter time than the USCIS EB-485 processing. Second factor appears to be their fear of potential delays in processing of pending EB-485 applications as affected by the ongoing massitve DACA filings by the DREAMers that require biometric and security clearance, not to mention processing of massive number of DACA applications themselves. Third factor appears to be upcoming new allocation of employment-based immigrant visa quota for FY 2013, which they fear will be exhausted and regressed again sooner or later. Fourth factor appears to be speculation of changes in the employment-based immigration laws. All of the foregoing factors combined triggered their interest in filing immigrant visa application through the American consulates in their home countries.
• We have just reported the number of preadjudicated EB-485 applications, which will remain more or less untouched at least until October 1, 2012. Readers must have noticed that the numbers are fairly large. Of course, no one knows how many of them represent EB-2 as opposed to EB-3, how many of them have what earlier priority dates, and how many of them involve what nationalities. Since some of these questions can be answered from the USCIS Employment-Based Inventory, they are anxious to see release of the updated Inventory by the USCIS. The latest update was released on May 3, 2012. No one knows exactly when the next update of Inventory will be released, but it is our speculation that it should not take too long to see the inventory update. It is about the time whey the USCIS may release it. Release of the inventory update may give some answers to the third factor, assuming that October Visa Bulletin could look like the picture before EB-2 for ROW regressed and EB-2 for India and China turned "unavailable" in the visa bulletins. As for all other factors, they remain anybody's guess and speculation and no one has any answers. Under the circumstances, readers are advised to take time and exercise precaution before they jump and seek the consular immigrant visa processing. Once the approved I-140 petition file is transferred to the National Visa Center, it will take time for the USCIS to recoup the file from the NVC, and depending on the changed circumstances in the USCIS, they may find they acted too quickly and will have to face additional delays which they would not have experienced, had they acted precautiously. Converting pending EB-485 proceeding to the immigrant visa consular proceeding will also take away all the ancillary benefits that come with the pending I-485 application, including but not limited to EAD, transfer of the pending EB-485 applications to other newly approved I-140 petitions, just to name a few. This reporter advises that readers wait at least until the EB-485 updated inventory is released to see a better picture.

08/21/2012: USCIS I-140 Processing Statistics at the End of June 2012

08/21/2012: USCIS EB-I-485 :Processing Statistics at the End of June 2012

	TSC	NSC	National
Pending	47,508	25,651	75,685 including local offices cases
Preadjudicated	50,195	45,462
Customer action waiting	2,996	8,792
Completed	9,429	10,846
New receipts	7,383	9,787

08/21/2012: Rising Approval Rates of Immigrant Investor I-526 Conditional Resident Petition and Petition to Remove Condition After Two Years I-829 as Reflected in 3rd Quarter (04/01/2012-06/31/2012) Statistics

• These statistics reflect that since 2005, the approval rate of the investment immigration application has continuously improved. More importantly, the approval rate of the 2-year conditional resident status removal (I-829) has noticeably increased. This is indeed a good news for the foreign investors in that in old days, the rate of approval of removal of two-year conditional resident status on investment immigrant was substially low in old days leading to foreign investors' hesitancy to seek this immigration option using their money due to higher risk. Considering the current Obama Administration and USCIS policy to focus on the investor immigration and approval of the cases to boost the country's economy and employment rate, the statistics is a surprise to no one. Most of these foreign investors are currently coming from China, followed by South Korea. Read on.

08/21/2012: USCIS Local Field Offices I-485 (EB-485 Inclusive) Processing Records as of 06/31/2012 (3rd Quarter)

• This statistics gives details, including approvals, denials, pending, etc. For the employment-based I-485 cases, this data covers only those EB-485 that was transferred from Nebraska Service Center and Texas Service Center for interviews at the local district offices.

08/21/2012: OFLC Has Just Released 3rd Quarter (04/01/2012-06/31/2012) Data Disclosure Files for PERM, PWD, H-1B, H-2A, H-2B, E-3 Labor Certification Catgories

• Read on.

08/21/2012: USCIS Notice of Extended Review Process for the Proposed Revised I-9 Form With Additional 30-Day Period for Comment

• On 03/27/2012, USCIS published this proposed revision to I-9 form. The current I-9 form is scheduled to expire at the end of August 2012. The USCIS then announced on its website that regardless of expiration of the form, employers should keep using the current I-9 form beyond August 31, 2012. Guess what! The record indicates that the USCIS received over 6,200 comments in connection with that publication. Now, the USCIS is proposing extension of the comment period for another 30 days inasmuch as the OMB consents and approves it. Accordingly, the employers may as well forget about the revised I-9 form coming into effect soon and may as well take the words of the USCIS that the current form I-9 should be kept using beyond August 31, 2012 without worrying about violation of the employment verification process for using expired form!

08/20/2012: First Domino Effect Reportedly Reached Nebraska Joining Arizona Driver License Ban for DACA Approved DREAMers

• Report indicates that the Republican Governor of Nebraska announced that the State of Nebraska would also ban driver license to DACA approved DREAMers joining Governor of Arizona. This is exactly the one this website feared and was concerned. At this time, how far this forest fire will spread to the Republican governor states in the South and other states as well.

08/20/2012: Leading Non-Profit Immigration Stakeholders Launch DACA Website

• These nonprofit organizations including AILA have developed a website named "We Own the Dream" to give helpful information for the DREAMer DACA applicants. Please try it.

08/20/2012: USCIS Spanish-Language Teleconference for Coversation with USCIS

• On Wednesday, August 22, 2012, from 7:30 p.m. to 9:00 p.m. (EDT), the USCIS Public Engagement Division will host a teleconference in Spanish-language to share agency updates, discuss immigration-related topics, and to answer questions. For details, please click here.

08/19/2012: USCIS Updates on 08/17/2012 Text of "Consideration of DACA Process"

• Read updated version of the DACA guidance.

08/18/2012: USCIS Processing Times Update (as of 06/30/2012) Released on 08/17/2012

• H-1B Petitions:
  • California Service Center: Both Cap and Non-Cap Cases: 04/13/2012
  • Vermont Service Center: Cap Cases: 04/16/2012, Non-Cap Cases: 2 Months
• I-140 Petitions:
  • Nebraska Service Center: EB-1B and EB-1C = 4 Months, EB-1A and EB-2 and EB-3= February 2012.
  • Texas Service Center: Four Months Across the Board.
• EB-485:
  • Nebraska Service Center: Four Months
  • Texas Service Center: February 2012

08/17/2012: Vietnamese Language USCIS Posting of 08/16/2012 on "How Do I Request Consideration of Deferred Action for Childhood Arrivals"

• Yesterday, August 16, 2012, the USCIS posted this information for the Vietnamese DACA DREAMers,

08/16/2012: Potential Domino Effect of Misguided Arizona Governor's Act to Deny Driver License to DACA Dreamers and Urgent Need for Legal Community Action

• Today's news of Arizona Governor's action (Executive Order) to deny state drvier license to the DACA DREAMers was literally a shock bomb. Unless the legal community swiftly comes forward and act, there is a great risk of other states acting copycat of this move. The Governor's action involves, among others, two broad legal issues: One is the line of federal and state sovereigns and jurisdictions. The other is interpretation of the federal immigration law concerning the requirements for the states to issue a driver license to an alien. The former issue involves a very complicated fundamental political and legal issue, which may transcend legal community's immediate reaction. However, the second issue presents a relatively less complicated issue of interpretation of the immigration laws, rules, and policies, which the legal community is in a position to guide the state leaders, whereby it contains the potential domino effect of this misguided action of the State of Arizona to other states. The Executive Order states that "the USCIS has confirmed that Deferred Action Program does not and cannot confer lawful or authorize status or presence upon the unlawful alien applicants." Review of the DACA Memorandum and USCIS Guidance indeed confirmed that approval of DACA would not confer lawful status, but nowhere the USCIS confirmed that it would not confer confer lawful presence. The USCIS rather emphasized the difference between the lawful status and the lawful presence in the Guidance to highlight the point it would not confer lawful status. Additionally, the DACA Guidance confirmed that during the period of the approved DACA, unlawful presence will not run.
• Reportedly, the Executive Director of the ACLU in Arizona came forward and pointed out to the State why the decision was misguided. Simply put, the Governor apparently acted such from misunderstanding of immigration rules that distinguishes between "legal status" and "lawful presence/stay," and federal law's authorizes the states to issue or renew a drive license when the applicant has a proof of lawful stay and employment authorization even if the alien does not have a legal status. In fact, this is what has been happening throughout the country, including the State of Arizona. We urge the AILA and ABA to confront this immigration legal issue very promptly to contain a potential wild fire spreading to other states.

08/16/2012: CBP Reportedly Discontinues Stamping Form I-20 At Ports of Entry

• NAFSA has learned and reported that at the port of entry, the CBP no longer stamp entry stamp on I-20 for the foreign students. We have already reported that the CBP is in the process of abandong I-94 as a legal document for the proof of legal status, but reported discontinuation of the entry stamp on I-20 is likely create a lot of confustion with the related agencies including DMV that relies on the entry stamp on I-20 for students for verification of status for processsing driver license.

08/15/2012: USCIS Official Announcement of 08/15/2012 Accepting Request for Consideration of DACA

• DREAMers, here is the official announcement of opening of the DACA filing season beginning from today. Please note that they keep using "request" instead of "application" because the USCIS decided not too long ago to call all the petitions and applications as benefit request instead of petition or application as part of their transition from the current paper filing system to upcoming online filing system down the road.

08/15/2012: DHS/USCIS Filed on 08/14/2012 Revised I-765 EAD Application Form With I-765WS Attached For DACA Applicants With Federal Register Publication Date of 08/16/2012

• Again, this public register notice will be published with the 30-day comment period. According to the notice, the estimated number of I-765WS form by DACA applicants are 1,047,357. Readers are reminded that this notice is to seek the comment from the public. It will not affect the USCIS authority to use this form effective 08/15/2012.

08/15/2012: DHS/USCIS Filed DACA Form I-821D Form on 08/14/2012 With Federal Register Publication Date of 08/16/2012

• This public notice for comment on this new form will be published on the federal register tomorrow 08/16/2012 with 30-day comment period. Accordingly to the notice, the DHS/USCIS estimated the total number of DACA applicants using this form at 1,041,300. Interesting. Readers are reminded that this notice is to seek the comment from the public. It will not affect the USCIS authority to use this form effective 08/15/2012.

08/15/2012: DACA Filing Fee Exemption Guidelines of USCIS 08/14/2012

• There is no fee for filing of DACA application form of I-821D. However, applicants must pay EAD (employment authorization card) application fees and biometric service fees, a total amount of $465. These fees can be exempt for applicants in certain limited circumstances. DREAMers in financial difficulties for certain reasons should read this exemption guidelines.

08/14/2012: USCIS Updated 08/14/2012"Consideration of Deferred Action for Childhood Arrivals Process"

• USCIS updated earlier release on 08/14/2012 giving additional details.

08/14/2012: USCIS Releases DACA Filing Forms Which Will be Effective Only Tomorrow and Thereafter

• DACA Application Form I-821D
• I-821D Form Filing Instructions
• Employment Authorization Application Form I-765 and DACA Applicant's Worksheet I-765WS
• Filing Lockbox Addresses

08/14/2012: USCIS DACA Stakeholder Teleconference Today at 01:00 P.M. (EST)!

• USCIS schedules a stakeholder teleconference at 1:00 p.m. Estern Standard Time for USCIS Director Alejandro Mayorkas and other senior DHS officials to discuss Secretary Janet Napolitano's June 15 memorandum. In accordance with the Secretary's memorandum. During the teleconference, Director Mayorkas will provide an overview of the process by which certain young people who came to the United States as children may request deferred action, provide details on the forms to be submitted, and take questions.
  
  Stakeholders can call-in (800) 779-9654 20 minutes ahead of time using passcode of DHS. Very important teleconference.

08/14/2012: Simplified Information for DREAMers on Current Procedures of Filing and Processing/Adjudication of Applications in General

• During the last several decades, immigration agencies have gone through a process of restructuring of immigration papers filing and adjudication procedures from local community field offices to centralization into national filing and processing centers. This process has been drastically accelerated as affected by our new world governed by cyber space technology. To take advantage of the benefits which are made available by cyberspace technology to process applications more effectively and efficiently, and more importantly, to undertake monstrous task of immigration integrity (frauds) and national and homeland security (terrorists), the USCIS is currently slowly and gradually converting itsslf into complete electronic filing and adjudication system ahead. In this process of transformation, the USCIS system is at a transition stage gradually restructuring itself removing as much as possible the local field offices and Service Centers from the front-end filing of paper applications to the centralized regional filing facilities named Lockboxes. In other words, the USCIS is internally bifurcating the front-end application filing process and the back-end adjudication process. With the foregoing broad picture of the USCIS application management system, we would like to summarize, in general terms, the steps of filing and adjudication process of applications to help the DREAMers to understand general picturee of the process of benefits application filing and processing.
• Generally, most of the applications are going through the following process:
  • Step 1: Front-End Filing of Application and Supporting Documents with Either Lockbox or Service Center: According to the DACA guidance which was released by the USCIS, the front-ent filing is likely made with a Lockbox facility rather than Service Centers. Currently there are three Lockbox facilities that accept different types of applications and perform the front-end processing function, including filing fee clearnce, digital data entry of all the documents into the computer systems which are received from the applicants by mail plus aasurance of acceptable filing of forms and initial evidence to determine whether to proceed with or reject the filing. Three Lockboxes include the following. Generally filing with Lockbox is determined by either resdience of applicant or type of cases. However, at this point, there is no information available about whether the Lockbox filing is determined by the residence of the applicant or type of the cases in the case of DACA. It is however important for the DREAMers to understand that Lockbox function is limited to the front-end processing of the papers and not adjudication. Accordingly, the Lockbox is not physically accessible and physcial contact with the facilities is not available:
    • Phoenix Lockbox Facility
    • Chicago Lockbox Facility
    • Dallas Lockbox Facility.
  • Step 2: Once the Lockbox completes the foregoing process, they forward the applications to Service Centers. There are currently five (5) Service Centers as follow. The function of Service Centers is to adjudicate and decide the applications. Accordingly, they perform the back-end function for an application and they are the key to approval or denial of applications. The jurisdiction is again determined either by residence of applicant or type of the cases. According to the DACA guidance, it is likely that the adjudicating Service Center will be determined by the residence of the applicants. The Service Centers perform the duties with no physical contact with the applicants or their representatives. Therefore again, DREAMers will have no physical contact with the Service Center adjudicators in the form of interview or otherwise.
    • California Service Center (Laguna Niguel, CA)
    • Vermont Service Center (Vermont)
    • Nebraska Service Center (Lincoln, Nebraska)
    • Texas Service Center (Dallas, Texas)
  • Step 3: The first function the Service Center performs with each application is to to schedule a Biometric Collection appointment. Biometric collection is undertaken by Application Support Centers (ASC) which are located in local areas throughout the country. Accordingly, this will be the first time the DREAMers will have to make a physical contact with the USCIS officials. Biometric collection includes collection of signature, digital fingerprinting and photograph of the applicant. The biometric collection is the prime most important step, without which the USCIS cannot perform fraud detection and national/homeland security clearance process. Since the fraud check or national/homeland security clearance is precondition for adjudication of the applications including DACA application itself as well as employment authorization application, the adjudicators in the involved Service Center will not be able to decide anything.
  • Step 4: Once fraud detection and security clearance jobs are completed, the adjudicators will be ready to adjudicate the applications. This is the stage when the agency review thoroughly the evidence to see whether the applicant meet the threshold requirement under the DACA guidance. During the adjudication process, four things can happen. (1) If the application and supporting documentation meet the threshold requirements with no negative evidence other than unlawful status, they are likely just approve the DACA and issue a driver license look-like employment authorization document (EAD) (2) However, since the documents which the applicants submit can be deficient or incomplete, they can issue Request for Evidence (RFE) in writing asking the applicants to submit the requested evidence and documents in the given timeframe. If the response and documents submitted in response to the RFE fail to meet the legal requirement, they will deny the DACA as well as EAD. Remember that EAD cannot be issued unless the DACA is first approved. (3) In the event that the adjudicator find that the DACA is deniable on the face, either they can give another chance to make it up with the additional evidence or flatly deny the application. It they choose the former option, they will write Notice of Intent to Deny (NOID) unless the applicant can submit additional evidence to overcome the issue of deniability. Depending on the nature of the NOID, this can potentially involve the risk of issuing NTA (Notice to Appear) or referral to the USICE for deportation proceeding if they deny the DACA. (4) However, when they find some issues which will have to be cleared only through the interview, the Service Center will transfer the case to the local USCIS office in the area of the applicant's residence for interview as the interview can clear up some issues. Shoud this happen, it will be the second physically contact with the immigration officials for the DREAMers. Transfer to the local office does not necessarily mean that there is involved any deportable issues under the DACA guidance. However, if it does involve one of the issues which the DACA guidance listed as the ground for issuing NTA or referral to the ICE for deportability decision, DACA applicant may face a difficult situation.
  • Step 5: If DACA is approved, they are likely to give an approval notice of DACA in writing and EAD. Such approval notice may not serve as an evidence of legal immigrant or nonimmigrant "status" but at least serve as an evidence that the applicant is staying in a lawful stay authorized by the USCIS.
• CAVEAT: The foregoing information is a general summary of immigration benefit processing and does not represent the DACA proceeding in that until the details of additional information and application form is released tomorrow, 08/15/2012, no one knows exactly what process the DACA applicant will go through. Accordingly the DREAMers should not take the foregoing information as the law nor rules. This office will thus not be responsible for the consequences for anyone to rely on the information as the law and act on the information.

08/13/2012: Time Magazine Report of Agonizing DREAMers Approaching August 15, 2012

• There are plenty of helping hands and legal resources (nonprofit) to help them out, but because of some unaswered questions from the DHS, USCIS, ICE, CBP and other stakeholder agencies when it comes to the details, reportedly they are nervous and remain in agony. The extrapolization and extrapolation of the parties in the coming election somewhat adds stress to this tragic phenomena. The nation should be compassionate and lend helping hands to these poor "innocent" souls, but vicious political confrontation and strategies between the two parties take away such compassion which these youngsters should deserve. It is hoped that come August 15, 2012, the USCIS releases more detailed guidances, interpretations, and standards to mitigate emotional and mental pains which these innocent youngsters and their families are currently going through.

08/13/2012: September 2012 Visa Bulletin Released

• EB-2 failed to move across the board, including ROW, China, India, Mexico, Philippines.
• EB-3 however moved up across the board, albiet "minor."
• This Visa Bulletin represents the last allocation of FY 2012 annaul quota (FB=226,000 and EB=144,951). The new fiscal year quota numbers will start being allocated beginning from October 2012 Visa Bulletin. The State Department sources indicated that EB-2 will move up again beginnning from October 1, 2012, probably ROW becomming current and India/China moving back to the previous cut-off date before it became "Unavailable." We will however have to wait and see since things can change.

08/13/2012: USCIS Policy Memorandum for Accommodating Religious Beliefs during Photograph and Fingerprint Capture

• This policy is an update to the existing policy on the subject. The new policy includes the following, among others:
  • Photograph Capture: USCIS will ask individuals to remove headwear that is not religious at the time of photograph capture. However, USCIS will accommodate an individual who wears headwear as part of their religious practices. Religious headwear can be worn if a reasonable likeness can be obtained from an individual, the full face is visible and the religious headwear does not cast a shadow on the face. Therefore, USCIS will ask an individual to remove or adjust portions of religious headwear that covers all or part of the individual’s face. Even if the religious headwear does not cover the face, the religious headwear may cast a shadow on the face, making the capture of the entire face impossible. In those instances, USCIS will ask an individual to adjust or remove religious headwear, if necessary, to avoid a shadow being cast on the face. An individual’s ears should be exposed, but religious headwear is allowed to cover the ears if USCIS can still identify the individual. When USCIS requests that an individual adjusts or removes part or all of his or her religious headwear, the ASC or Field Office will offer a private room or screened area to capture the photograph, when a private room or screened area is readily available. Additionally, if there is a USCIS employee or contractor of the same gender available to capture the photograph, the ASC or Field Office will offer the individual a same-gender photographer. If the ASC or Field Office is not able to offer a private room/area or a same-gender photographer, USCIS will offer to reschedule the appointment, whether it is for photograph capture at an ASC or photograph capture in connection with an interview at a Field Office, for a different day or at a different office where it is feasible to accommodate the individual’s request.
  • Fingerprint Capture: ASCs and Field Offices also capture fingerprints of individuals. USCIS is required to capture classifiable fingerprints in connection with the adjudication of immigration benefits.6 Many times, USCIS employees and contractors must physically assist an individual by holding his or her hand to obtain prints. There are religions that limit or prohibit members of their religion from physically touching a person of the opposite gender. In these instances, upon request, ASCs and Field Offices will accommodate individuals who request a same-gender fingerprint technician or Officer, if possible. If there are no same-gender technicians or Officers available to capture the fingerprints, USCIS will reschedule the appointment or interview for a different day or at a different office where it is feasible to accommodate the individual’s request.
• For the additional full text of the memorandum, please click here.

08/13/2012: Expiration of I-9 Form on 08/31/2012 and USCIS Advice to Use Continuous Even After 08/31/2012 Pending Further Notice

• The USCIS advised this morning that until further notice, employers should continue using the Form I-9 currently available on the forms section of http://www.uscis.gov. This form should continue to be used even after the OMB control number expiration date of August 31, 2012 has passed. USCIS will provide updated information about the new version of the Form I-9 as it becomes available.

08/13/2012: DACA Eligible DREAMers: Who Are They and Where They Are?

• The latest information released in August 2012 by Migrant Policy Institute gives the nation a glimpse of the location and characteristics of the DREAMers who are/will be eligible for the DACA applications per the USCIS DACA guidelines which was released on 08/03/2012. The following represents some information of the location and characteristics and readers should read the whole report (only 10 pages) themselves for the details:
  • How Many? Estimated at 1.76 million nationwide
  • Where Are They From?
    • 87% from Americas (76% from Mexico and Central America, 11% from Caribbean & South America)
    • 9% from Asia
    • 6% Rest of the world
  • Age Group:
    • 800,000 (K-12 grade children)
    • 140,000 (College enrollment group)
    • 80,000 (Degree earned group: Minimum of AA degree)
  • Education Level in Degree Earned Group? (Who Have Already Earned Minimum of AA or Higher Degrees)
    • 48% AA degree
    • 44% Bachelor's degree
    • 8% Advanced Degree
  • Employment Status?
    • 58% already in workforce
    • 42% not in workforce
    • (Unlike the fear which the conservative forces in the country have, most of them are already in labor force and working. EAD through the DACA will move these work forces upward in occupations, but the impact on the unemployment may be less than what those people have feared.)
  • Where Are They? As one can easily speculate, majority of them are located in the ten (10) largest states in the West Coast, East Coast, and the South, plus Illinois in the Midwest. However, there are a quite of number of them located in all other states. Readers may be surprised to see the numbers in other states where they live.
• The foregoing gives just an eyeview of the picture and readers are encouraged to read the whole report. It is not a large volume report. We congratulate the Migrant Policy Institute for the job well done.

08/13/2012: USCIS Administrative Appeals Office (AAO) Processing Times Update of 08/01/2012

• This is the USCIS appeal office's processing times update as opposed to the processing time of Justice Department BIA appeal processing times for the immigration court decisions.

08/11/2012: Republican Vice President Nominee, Rep. Paul Ryan: Where Does He Stand on Immigrant Issues?

• Read on. This year's election strategy appears to be somewhat different from the historical trend in the past that had been focusing on the independents and middle of the road constituents in each party as it moves to close to the election date. The change may extrapolate the nation on the ideological differences between the two parties. One wonders what has led to this change. The coming November election will be something very interesting to watch and may set a different record from the tradition.

08/11/2012: Importance of Reading the USCIS NTA Memorandum for DREAMers to Come Out of Closet and Apply for Deferred Action

• Reportedly, there must be a huge number of DREAMers who have yet to come out of the closet to consider the Deferred Action (DACA) applications beginning from 08/15/2012. One of the key concerns is the consequences of coming out of closet with a result of denial of the DACA benefits. The USCIS guidance, entitled to "Consideration of Deferred Action for Childhool Arrivals Process," indicates that the USCIS will not automatically refer the applicant to immigration enforcement authorities unless the USCIS is required to refer the alien to the encorcement authorities under its policy guidance governing the referral of cases to the USICE and the issuance of Notices to Appear (NTA). The NTA is an instrument to commence a removal (deportation) proceeding. The NTA Memorandum provides two situations: One is the situation where the USCIS itself will issue NTA and the other is for the USCIS to refer the case to the ICE for the decision of issuance of NTA. The DREAMers should lean how complex the NTA memorandum is, which the DACA guidance described simply in general terms of (1) Criminal Offense, (2) Fraud, (3) Threat to National Security, or (4) Threat to Public Safety. For the reasons, the DREAMers and their representatives must review the NTA memorandum very carefully and thoroughly before they come forward and file the DACA application. Otherwise, they can cross a bridge of no return.

08/09/2012: DV-2014 Lottery Schedule Announcement: 12:00 p.m. 10/02/2012 - 12:00 p.m. 11/03/2012

• DV 2014 Program: Online registration for the DV-2014 Program will begin on Tuesday, October 2, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 3, 2012 at 12:00 noon, Eastern Daylight Time (EDT) (GMT-4). Please standby for the Instructions for the DV 2014 Program.

08/09/2012: CBP Travel Update: I-94 Data Entry Notice, 08/07/2012

• CBP (Customs and Border Protection) is in the process of automating traveler arrival records to streamline passenger processing. The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more. This does not affect the majority of foreign travelers visiting for business or leisure and will not affect any visitor’s record of departure.
• Visitors may need to prove their legal-visitor status within the first 30-45 days of their U.S. stay to:
  • Employers;
  • Motor vehicle registration or drivers’ licensing agencies;
  • The Social Security Administration;
  • U.S. Citizenship and Immigration Services; or
  • Universities and schools.
• If during this timeframe, visitors need to provide evidence of legal status they should include the following:
  • Unexpired foreign passport; and
  • Country of Citizenship
  • CBP Arrival/Departure Record, Form I-94 (if issued)
• This announcement is related to earlier report in this website that the CBP is creating its own code numbers (other than I-94) at the port of entry, which will serve as the legal sources to verify the sources of verification of legal status rather than I-94.

08/08/2012: EB Visa Demand Data for Determination of September 2012 Visa Bulletin

• Stay tuned for September Visa Bulletin.

08/08/2012: Reminder to Unselected DV-2013 Entrants to Keep Their Confirmation Numbers at Least Until September 2013

• As the new fiscal year DV lottery may start in two or three months ahead, people may forget this State Department advice. There are a number of people who entered the DV-2013 lottery registrations but did not make it, partly owing to the agency's system glitch last year. As part of this episode, the State Department released this advice that they may select additional candidates out of the pool of the existing list of registrants. For this added chances of selection, the entrants should keep in mind two things for another opportunity in October 2012: (1) The Confirmation Number is absolutely necessary when they are selected. (2) Additional selection can be checked only through the Entrant Status Check site. It is thus imperative for them to keep the confirmation number safe to prove entry and come October 1, 2012, start checking status again on Entrant Status Check site of the U.S. Department of State. It is only about seven (7) weeks away!
  

08/08/2012: USCBP Proposes to Expand Border Zone in New Mexico from Current 25 Miles to 55 Miles to Allow Visitor to Travel Without I-94

• For the reported purpose of promoting commerce and tourism in southern New Mexico, the USCBP is proposing this change. The only other precedent giving exception to 25 miles zone is Arizona - 75 miles rather than 25 miles. The visitors from southern border country can visit the U.S. within the border zone only with the Border Crossing Card but without issuing I-94 document inasmuas they travel within the border zones. This proposed regulation will be published in the federal register tomorrow with a comment period of 60 days.

08/08/2012: House Agrees to S. Con Res. 59 and the Hill Will Remain Quiet for One Month

• The House Agreed to the Senate S.CON.RES.59, a concurrent resolution providing for a conditional adjournment or recess of the Senate and an adjournment of the House of Representatives. Under the Resolution, should the House agree to the Resolution, the Senate was supposed to remain adjourned without even pro forma sessions until 09/10.2012. Accordingly, the Hill will remain quiet without three-piece suit distinguished gentlemen and elegant ladies. Adieu! They will be very busy in their districts and states, though. One long silent month on the Hill...................................Zzzzz........................

08/08/2012: Statistics of USCIS Immigration Benefits Applications at the End of June 2012 - New Receips, Pending, and Approvals or Denials

• Read on.

08/08/2012: Statistics of USCIS Naturalization Applications at the End of June 2012 - New Receipts, Pending, and Approvals or Denials

• Read on.

08/07/2012: PERM Site and ICERT Site Outage Alert

• Both PERM Online System and ICERT Online System will be unavailable from 08:00 p.m. on Thursday, August 9, 2012 to 06:00 a.m. Friday, August 10, 2012 for routine maintenance.

08/07/2012: USCIS Systems Records Public Notice

• USCIS is collecting and keeping a variety information about employers, alien beneficiaries, agents, lawyers, etc through the benefits request processes. These system records will be published in the federal register tomorrow under the Privacy Act. People may be surprised of the amount of information and records the agency is collecting, keeping, and sharing with the authorized government entities.
  • E-Verify Program System of Record
  • Fraud Detection and National Security Records, System of Records
  • Systematic Alien Verification for Entitlements (SAVE) Program System of Records

08/07/2012: USCIS Expands 800 Number National Customer Services to Saturdays

• The USCIS has just announced that the USCIS National Customer Service Center is expanding its hours to include Saturdays from 9 a.m. to 5 p.m. effective 08/06/2012. Accordingly, customers can reach live agents by calling 1-800-375-5283 as follows:
  • Monday through Friday: 08:00 a.m. - 08:00 p.m.(each time zone)
  • Saturdays: 09:00 a.m. - 05:00 p.m.(each time zone)
• This expanded services are likely very helpful for the DREAMers with questions.

08/07/2012: Entire USCIS Website in Spanish Language

• To assist Hispanic customers who feel more confortable to read everytday the USCIS website in their own language, Spanish, the USCIS developed and posted the Spanish language USCIS website.

08/06/2012: S. 3245 Bill Extending for Three Years for Four Sunsetting Programs Officially Received in the House 08/03/2012

• Record indicates that S. 3245 to extend by 3 years the authorization of the EB-5 Regional Center Program, the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program, was received and referred to the Committee on the Judiciary; in addition to the Committee on Education and the Workforce for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. Since four immigration programs involves issues of different subjects, it will have to go through the House committees and subcommittees other than House Judiciary Committee. Thus when the Hosue returns, it is like to take time to get this bill taken care of in the House as a single bill. Again readers are reminded that currently there are no known serious controversial issues in this bill, once it reaches the floor, it can be taken care in the both Houses. Otherwise, there will always a back-up plan to attach this bill to the forthcoming budget stop-gap funding bill, named Continuing Resolution, which will definitely be passed before the mid-night of September 30, 2012.

08/06/2012: Effective Today, Hyderabad Practice Changes re: Cease to Submission of Documentation in Advance and Before Visa Interview

• The American Consulate in Hyderabad announces that effective today, August 6, 2012, U.S Consulate in Hyderabad discontinues advance submission of documents.for all BEP cases and regular petition based (H &L) cases. The last interview date for advance submission was last Friday, August 3. Accordingly those who have appointments from August 6 onwards are required to carry their documents directly to the consulate on the day of their interview. Please make a note of it.

08/04/2012: Scope of DREAMers and Partial Release of DREAMer Deferred Action Eligibility Standards and Requirements

• As we posted yesterday, the USCIS released, in time for the scheduled teleconfeence, its initial guidance for processing of the deferred action applications beginning from 08/15/2012. Readers are advised to read these materials carefully and thoroughly to understand the nature of this relief. There are a few things which this reporter wants to highlight:
  • The application must be submitted to a Lock Box of the USCIS using a special form along with the EAD application form and filing fees of $465, which will then be processed and adjudicated by "Service Centers." The form has yet to be finalized under the rule-making processed but will be available as of 08/15/2012. Accordingly, no applications can be submitted until 08/15/2012 or thereafter. Unlike the previous rumors, the EAD application will be "concurrently" submitted. However, EAD cannot be adjudicated until the deferred application is first approved. It is also striking to learn that the adjudicating office is not one Service Center or local district offices but plural Service Centers, probably implying that the applications may be adjudicated by Service Centers that have jurisdiction over the residence of the applicants.
  • As for the 5-year continous residence requirement, "brief, casual, and innocent" trips will not break "continuous" residence requirement threshold. The terms of "brief, casual, and innocent" trip is very legal term which has been developed and defined over the decades of the American immigration history through the federal courts and administrative tribunals, which need assistance from a qualified legal counsel to assess in each individual situation.
  • As for the confidentiality of information which will have to be released to the USCIS for the applications, it is the current position of the USCIS that they will not release the undocumented status information of the applicants to the immigration enforcement agencies including ICE and CBP unless the provided information includes certain records, evidence, or information that mandate the adjudicating Service Center to issue Notice to Appear (NTA), which will lead to removal (deportation) proceeding for the individual. Accordingly, those DREAMers who have the history of information other than "entry without inspection" or "out of status," particularly such negative information as document frauds or other misrepresentation or fraud or criminal records or other records which bar such applicants from deferred action benefit under the USCIS guidance which was released yesterday should take time to seek legal counsel as they can be exposed to deportation proceedings instead of the deferred action benefits.
  • The procedure does not mandate "interview" for adjudication and approval. Accordingly, 100% clean-cut cases can be approved without interviews. However, should the adjudicating officers find some information from the papers which they received or detected certain issues through name check/security clearance agencies, such applicants will have to go through the interview process.
  • Scope of DREAMers: People tend to think that DREAMers are mostly Hispanics who crossed the southern border illegally without inspection, but this is WRONG! DREAMers include any youngsters who fit the threshold requirement and who is "out of status" as of 06/15/2012 and at the time of submission of the application. Accordingly, any youngsters who entered the country legally and then have fallen "out of status" as of the foregoing cut-off date will also be eligible for this benefit. This definition can expand to a great extent the eligible "DREAMers" from any countries in the world.
  • Out of ineligibility factors including criminal records, readers should note that the deferred action relief is extremely harsh and hostile against the DUI (Drive Under the Influence) offense. Young people tend to take DUI offense lightly saying "no big deal,"but it ain't going to be true for this relief. Considering the problem this country has been facing from drunken drivers, the legal systems have been growingly toughend over the years at the state and local levels, and the federal institutions are slowly but gradaully following the suit.
  • USCIS will frequently update at one site of its website and the DREAMers should frequently visit www.uscis.gov/childhoodarrivals.
• Readers should read over and over the materials which were released by the USCIS and reported by this site yesterday to learn all the details of eligibility and pitfalls for this relief. They should never jump to come out of the closet and trapped by the immigration scammers. Generally, potential members of the DREAMer community should not take granted this special benefits or they take they are privileged. The law and the government authority must meet the basic premise of this relief: SCALE OF EQUITY MUST TIP HEAVILY IN FAVOR OF THE FAVORABLE FACTORS OVER THE UNFAVORABLE FACTORS in each individual case. For the scale of equity, there must be some DREAMers who must have seen a statute of a godess holding a scale of justice in her hand with her eyes blind-folded in some of the lawyers offices. Deferred Action is so called "EQUITABLE RELIEF" rather than a statutory relief.

08/03/2012: USCIS Information on Details for "Consideration of Deferred Action" for DREAMers

08/03/2012: USCIS Additional Information on Steps to Go Through Deferred Action Application for DREAMers

08/03/2012: USCIS Outline Chart for Procedure of DREAMers Deferred Action Application

08/03/2012: ICERT Portal System Outage Alert

• The iCERT will be unavailable from 08:00 pm ET on Thursday, August 9, 2012 to 06:00 am ET Friday, August 10, 2012 for routine maintenance.
• Really routine maintenance? OFLC is scheduled to require new revised ETA 9035 form in later part of August. This new form is somewhat troublesome, asking even the alien beneficiary's name, employer's gross income and net income, etc. We will find it out sooner or later.

08/03/2012: WOW! USCIS Has Just Announced Scheduling of Teleconference for DREAMer Deferred Action Today (02:00-03:00 EST)

• The USCIS annnouncement and this reporter's posting of a message encouraging the agency to schedule the teleconference crossed each other in time. Hats Off to the USCIS leaders, particularly the Honorable Mayorkas, for scheduling the teleconference promptly under the very stressful political environment. DREAMers, here we go. Please learn the details from the today's teleconference. Here is the announcement.

08/03/2012: Senate Passed Three-Year Extension of Four Sunsetting Immigration Programs

• Yesterday, the Senated passed S.3245 as amended by unanious consent. This bill proposes to extend by 3 years the authorization of (1) the EB-5 Regional Center Program, (2) the E-Verify Program, (3) the Special Immigrant Nonminister Religious Worker Program, and (4) the Conrad State 30 J-1 Visa Waiver Program for foregin medical graduates. Wonderful!
• This bill initially proposed to make these programs "permanent," but the amendment was passed just to extend for three years until September 30, 2012. This bill was introduced by Senator Leahy of Vermont and co-sponsored by Senator Chuck Grassley of Iowa, but the amended version was co-sponsored by three Senators, Sen. Grassley, Sen. Hatch, and Sen. Rand. This bill now moves to the House. The House is expect to pass it, but should the House fail to pass it, it will certainly be passed as part of stop-gap funding bill before October 1, 2012.

08/03/2012: DHS Website Change

• DHS changes the website and invite stakeholders and consumers to give comments to the new site. The exact purpose and intent have yet to be clarified.

08/02/2012: Senate Adjourned Until 09/10/2012 Other Than Potential Pro Forma Sessions With No Votes

• The Senate adjourned after 8:00 p.m. this evening after passing Senate Concurrent Resolution 56 to adjourn until September. Should the House fail to pass this Resolution, the Senate will schedule Pro Forma sessions, including tomorrow, but until after September 10, 2012, there will be no voting activities in Pro Forma sessions. The controversial H.R. 3012 was never taken up.

08/02/2012: USCIS Notice Regarding USCIS Centralized Filing for Waivers of Inadmissibility for Applicants Abroad

• USCIS has just released a notice reminding the immigrant visa and K and V visa applicants of availability of filing of their I-601 and I-212 and the follow-up 290B motioon or appeal when waiver is denied by mail to the Lock Box of the USCIS in the United States rather than the USCIS overseas offices. The notice emphasizes some benefits and advantages of Lock Box filing by mail. All of these Lock Box filing cases will be adjudicated by the Nebraska Service Center. For the details, please read the USCIS Notice of 08/02/2012.

08/02/2012: Chicago National Processing Center of Office of Foreign Labor Certification Moved!

• The Office of Foreign Labor Certification has announced that the Chicago National Processing Center (CNPC) has a new address, and beginning on August 2, 2012, the D-1, H-2A and H-2B application hard copy filers should direct their hard copy filings to the CNPC's new addresses provided below. The announcement also reminds the readers that the CNPC move does not affect the electronic filing of LCAs but any employer with permission to file by hard copy should direct its LCA filing(s) to the new address. People should also remember that they should direct payments of H-2A labor certification fees to the new P.O. Box address as listed below:
  • For application filings:
    U.S. Department of Labor
    Employment and Training Administration
    Office of Foreign Labor Certification
    Chicago National Processing Center
    11 West Quincy Court
    Chicago, IL 60604-2105
  • P.O. Box Address for the Receipt of H-2A Related Filing Fees:
    U.S. Department of Labor
    Employment and Training Administration
    Office of Foreign Labor Certification
    Chicago National Processing Center
    PO Box A3804
    Chicago, IL 60690-3804
• Please make a note of it.

08/02/2012: House Passed H.R. 3120 Student Visa Reform Act by Voice Vote Yesterday

• This bill was introduced by Rep. Zoe Lofgren of California on 10/6/2011. The bill requires that a student coming to study at a college, university, or language training program in the United States under a F-visa must attend an institution that is accredited by an accrediting agency recognized by the Secretary of Education. This bill also provides a 3-year exemption for students coming to study at a college or university that has been certified by the Secretary of Homeland Security (DHS) but not yet accredited by an accrediting agency recognized by the Secretary of Education. This bill also authorizes, under specified circumstances, the Secretary to require elementary and secondary schools (exempts religious institutions) to be similarly accredited for F-visa purposes.
• The bill's requirement will prevent colleges and universities from violating immigration law and potentially threatening our national security. H.R. 3120 also prohibits certain individuals who have been previously convicted of felony offenses, such as human smuggling and visa fraud, from owning or otherwise having a position of leadership in a new college or university that admits F visaholders. H.R. 3120 also allows the Secretary of Homeland Security to waive the accreditation requirement for a school that is otherwise in compliance with the requirements for a school that admits F visaholders and that is making a good faith effort to satisfy the accreditation requirement. Such waiver is intended to be granted narrowly and on a case-by-case basis where there is no indication of fraudulent activity on the part of the school.
• This bill now moves to the Senate for its action. There was a rumor reported by an over anxious person on cyber space yesterday that H.R. 3012 was passed. Probably, the individual who reported it erroneously confused between H.R. 3012 and H.R. 3120. The two numbers indeed look identical, isnt it?

08/01/2012: DOL Prevailing Wage Determination Processing Times for Different Types of Labor Certification Applications as of 06/27/2012

Processing Queue	Request Date	Status
H-1B	May 2012	60 day Current
H-2B	June 2012	30 day Current
PERM	May 2012	60 day Current
	Submission Date
Redetermination	May 2012	Same Above
Center Director Rev	May 2012	Same Above

07/31/2012: Six-Month Stop Gap Funding Continuing Resolution in September and Question of Lame Duck Session of Congress

• The party leaders have been negotiating two options of Continuing Resolution: One option is to fund the federal government for only three months through the end of December 2012 and the other option is to fund the federal government for six months from October 1, 2012 through the end of March 2013. The three-month option could have forced the Congress to go to a lame duck session. However, six-month option may not force the Congress to go for a lame duck session for the government funding isssues. Of course, depending on the result of the November election, the Congress may stay open in lame duck session to finish up leading party's legislative agenda before the power changes. News reports indicate that the leaders of the Senate, the House, and the White House have reached an agreement to take the six-month stop-gap funding legislation which will be voted in Septermber when the Congress returns after the summer recess in August. Obviously, the continuing resolution will definitely contain temporary extension of the sunsetting three immigration programs. The H.R. 3012 supporters wish that they could attach the bill to the continuing resolution since continuing resolution is a "must" legislation in order to prevent shut-down of the federal government. Maybe this could be the last and only resort which both supporters and opponents must lean on to see the ultimate fate of this controversial legislative bill.

07/30/2012: Sunsetting Immigration Programs May Have to Wait Until Close to Last Minute to See Temporary Extensions

• Sunset of non-minister religious worker special immigration program, IMG Conrad 30 NIW program, and EB-5 regional center immigrant investor pilot program have gone through a ritual every three years failing to pass extension legislations on their own but passing as part of federal government stop-gap funding bill at the last minute, mostly just before the end of September 30 of the year. Report indicates that the stop-gap funding bill is not likely resolved within this week in the House and will have to wait until they return in September. When they return, the House will have only eight (8) legislatives days before the end of September. The House is scheduled to go into summer recess at the weekend this week. Any bills that need the House votes will literally witness a breath-taking tight schedule. This reporter reminded beneficiaries of these sunsetting programs of the USCIS alert to take care of the involved immigration petitions and I-485 applications early enough to avoid potential problem relating to delay of extension of these programs. When it comes to immigration legislations, nothing should be taken granted.

07/29/2012: Implementation of Deferred Action Relief for DREAMers Close to Ready for the USCIS and Sister Agencies

• The details of application procedure have yet to be released but reported information indicates that the agencies including USCIS, USICE, and USCBP may refine and complete the unform standards and procedures for DREAMers applications before 08/01/2012, Wednesday, and USCIS that is the agency to accept and process the applications is likely to start accepting applications on or immediately after Monday, 08/06/2012. The DREAMers community should expect the postponed stakeholder meeting next time this week. The exact number of potential applicants for this relief is yet to be released but it is estimated that the number may exceed one million. Approval of the applications is likely to take time because they will have to go through biometric process for name checks and security clearance before any decisions are made by the USCIS. Additionally, their employment authorization may also take a while since the applications must be first granted before EADs are processed and adjudicated.
• There is ongoing nervousness since the results of national election can affect their futures. Whoever wins in the national election, those whose applications are granted before February 2013 may find themselves safe, even though extension of their relief after two years may be jeopardized depending on which Presidential candidate and which party in the House and the Senate will win in this election. The fate of those applicants who failed to receive approvals remains an open question. Currently immigrant advocates and lawyers community are working hard to persuade the stakeholder agencies to interprete the disqualification factorts narrowly. Let's watch how the details will be unfolded this week.

07/27/2012: Rep. Conyers Introduces H.R. 6210 for Additional Immigrant Visas for Alien Entrepreneurs & Job Creators

• Yesterday, the Raking Member of House Judiciary, Rep. John Conyers, Jr. of Michigan introduced H.R.6210 in the House proposing to provide for additional immigrant visas for certain entrepreneurs and job creators. Details have yet to be made public, but considering the current political landscape and approaching national election plus the sunset of the 112th Congress, the fate of this bill is not certain. It is odd that Rep. Chaffetz of Utah who sponsored H.R. 3012 joined the Ranking Democrat legislator for this bill as co-sponsor. It is not certain what message Rep. Chaffetz intended to send out through co-sponsorship of this bill relating to his earlier sponsored legislative bill of H.R. 3012 with proposed amendment by Sen. Grassley. Maybe, the current popular political message of JOB CREATION instead of IMMIGRATION. The fate of both of these bills is at this time uncertain considering a very limited time remaining for this Congress to stay opened. Additionally, the term IMMIGRATION is no longer a popular term facing the national election in a little over three months from now as the terms JOB has surfaced as the determinant of the coming national election.

07/26/2012: USCIS I-140 Processing Statistics at the End of May 2012

07/26/2012: USCIS EB-I-485 :Processing Statistics at the End of May 2012

07/26/2012: Sunsetting Non-Minister Religious Worker Special Immigration Law and Bill to Extend the Law

• Not too long ago, a bill was introduced to make the four sunsetting immigration program provisions "permanent" law, but yesterday, the soon-to-retire Rep. Barney Frank of Massachusetts into H.R. 6193 proposing to extend the special immigrant religious professionals program. Otherwise, this immigration program will expire at the end of September 2012. However, the Christian religious community, particularly Catholics, is known to be one of the strongest lobbyists in the Christian dominating country of the United States, the program may again be extended at the end of the day as part of the appropariations continuing resolations just like other four sunsetting programs of Conrad 30 IMG NIW waiver program, EB-5 Regional Center Investor Immigrant Pilot Program, E-Verify Program. The Congress is considering either three months or six month continuing funding from October 1, 2012 to prevent the government shut down beginning from October 1, 2012, according to a news report. These sunsetting laws are likely to ride a tide with the continuing resolution legislation. USCIS released an alert earlier that those who are eligible for the benefits of these laws should file I-485 applications early just in case there is a delay in passage of the continuing legislation so that they receive approvals of such I-485 applications under these sunsetting laws before the end of September 2012.

07/25/2012: DHS Rechedules a Teleconference on DREAMers Deferred Action Memorandum Tomorrow, 07/26/2012 04:00-05:00 PM (EST)----[POSTPONED]

• This is the conference which was scheduled earlier but postponed. The agency is picking up the postponed teleconference tomorrow participated by the USCIS, USICE, and USCBP representatives. For details, click here.

07/24/2012: Inching Month-Long Summer Recess of Congress and Skyrocketting Anxiety Among H.R. 3012 Pro & Con Forces

• Officially, both the House and the Senate will go into the summer recess beginning from 08/04/2012 (Saturday) and will not return to the sessions until September. After short sessions in September, they will return to their Congressional districts for the national election and the Congress will remain in recess until after the national election. This schedule of the Congress has been creating anxiety among the stakeholder employment-based immigrant communities relating to the H.R. 3012 bill as reflected in the Congressional website. Currently, H.R. 3012 is recorded the second highest searched bill on the website!
• The result of negotiation with Senator Grassley requires amendment to the House passed H.R. 3012, implying that currently H.R. 3012 is simply not a up or down vote bill in the Senate. Currently there is no known schedule for this bill being brought up on the floor today, but next two days (Wednesday and Thursday) will mark the most critical Senate sessions for the pro or con forces and for this bill even being taken up on the Senate floor. As we noted earlier, time is the most critical factor that will determine the fate of this bill. Stay tuned.

07/23/2012: Soon-to-Change New Adoption Procedure and Agreement Between the U.S. and Russia

• The USCIS reports the Russian parliament passed this international agreement. The Agreement has yet to be signed by the Russian President and the diplomatic notes have yet to be exchanged between the two governments. Once this is completed, a new procedure of adopting Russian children will be in place. Until then, the adoption of Russian children will follow the current procedure. Read on.

07/22/2012: For-Profit Schools Under Fire for Alleged Student Visa Sponsorship with Concern of Security Risk and Visa Frauds

• Lately, for-profit schools have been placed under the microscope of the government from the financial operation as well as visa sponsorships. Next Tuesday, Senate Immigration Subcommittee will have a hearing on this issue and Senator Grassley, Ranking Member of the Senate Judiciary Committee, cannot miss this issue. Read on.
• List of Witnesses to Testify:
  • John Woods, Assistant Director for National Security Investigations, ICE
  • Rebecca Gambler, Director, Homeland Security and Justice, Government Accountability Office (GAO)

07/21/2012: Low Key in Immigration-Related Rule-Making Activities

• This site has been closely monitoring the immigration related legislative activities of the legislature and rule-making, policy-making, and changing practice of the immigration-related government activities to keep our readers upto the minute on the immigration issues. Recently, there have been noticeable changes in the poliicy-making and practice changes on immigration both in the legislature and the government agencies. We are not certain whether it is related to the upcoming Presidential election under the political envirnment of the issue of jobs growingly turning into the key issue for the election. For the recent legislative activities, readers have been kept up-to-date and we do not have to touch on the issue here. When it comes to the government agencies issues, probably readers might not have noticed ongoing changes within the Administration. When it comes to the immigration issues, the agencies have turned into a very low key in that the number of new proposed or final rules presented to the OMB of the White House have been noticeably reduced. Besides, the rules which have been in the process of review by the OMB have also been delayed by renewing the mandated rule review periods.

07/20/2012: K-4 Step Child of a U.S. Citizen Can Adjust Status to a Permanent Resident Within the U.S. "Only" Through I-130 Petition Filed by the Step Father Who Sponsored K Visa and Not Through the Petition by Others

• The Board of Immigration Appeals (BIA) handed down a decision today that an alien who is admitted to the United States in K-4 (a child of K-3 spouse of a U.S. citizen) nonimmigrant status may "only" adjust his or her status to that of a lawful permanent resident based on the I-130 Alien Relative Petiton filed by the United States citizen K visa petitioner (step father). This case addresses the question whether the respondent, who entered the United States on a nonimmigrant K-4 visa as a derivative of her mother’s K-3 visa (as the spouse of a United States citizen), may adjust her status to that of a lawful permanent resident based on her own subsequent marriage to a United States citizen. The BIA said "NO." The BIA today handed down a rule that that an alien who is admitted to the United States in K-4 status may only adjust his or her status to that of a lawful permanent resident based on the Petition for Alien Relative (Form I-130) filed by the United States citizen Kvisa petitioner (step-father) and no other petition. See Matter of Valenzuela, 25 I&N Dec. 867 (BIA 2012), Interim Decision #3761 (BIA July 20, 2012).
• This is a situation where an alien woman abroad married to a U.S. citizen entered the U.S. based on a nonimmigrant visa status of K-3. The woman has a child born of prior marriage relationship with other spouse. The child thus came along with her K-3 visa mother on her own K-4 visa status as sponsored by the U.S. citizen step father. For whatever reasons, the K-4 child who is now a grown-up lady could not apply for green card through her step father's immigrant petition, but she is now married to a U.S. citizen. The question remains whether this child can apply for the green card within the United States through the USCIS. Today's decision say no. If K-4 alien wants to apply for a green card through her own U.S. citizen husband's immigrant petition, she will have to go through the consular immigrant visa process. In short, an alien who entered the U.S. on a K visa status cannot adjust to a permanent resident status based on the immigrant petition other than the one sponsored by the original U.S. citizen K visa sponsor. For the details, read the full text of the case.

07/20/2012: Office of Foreign Labor Certifications Updates Permanent and Temporary Labor Certification Statistics 07/20/2012

• PERM Statistics as of 07/08/2012
• Prevailing Wage Determination Statistics Update
• H-1B Labor Condition Application Statistics
• H-2A Agricultural Temporary LC Statistics
• H-2B Non-Agricultural Worker Temporary LC Statistics

07/20/2012: House Democrats Rally in Support of President Obama's Deferred Action Initiatives for DREAMers

• On July 18, 2012, House Democrats wrote a letter to the Presiding thanking him for his Deferred Action initiatives and their strong support for the program. Read on.

07/19/2012: Republican Members of House Judiciary Grilled DHS Secretary Napolitano in Today's Hearing on Obama Administration's Deferred Action Initiatives

• In today's DHS oversight hearing, these Congress people grilled and threatened to sue for implementing the DHS Deferred Action Initiatives for certain DREAMers. However, it all ended as a political show-down in that there is no recourse to stop the action of the DHS other than threat. There are already bills introduced by the Republican members of the House to block the implementation of the initiatives "financially" or "otherwise," but those bills will go nowhere beyond the scream in the House, particularly when they pass them and the bills reach the Senate or the White House. See part of the political drama unfolded through the following reports:
  • DHS Secretary Written Testimony
  • Hill Report of the Drama
• Senator Rubio could have been the center of such political spotlight, had he acted swiftly. The political price he is paying now for the failure to seize the moment through his version of DREAM proposal appears to be very steep with a deep wound, including gradual disappearance from media spotlights and potential Republican Vice President nominee talks in the media and in the Republican party. Report indicates that Obama support in the Hispanic community has been ever gaining in its heat of steam, partially thanks to this Deferred Action initiatives for DREAMers.

07/19/2012: "Original" Signature No Longer Required on I-20 or DS-2019 in Filing I-539 for Students

• USCIS advises that for any form I-539 filed outside USCIS ELIS, the USCIS will accept a photocopy of a valid and properly executed Form I-20 or DS-2019 rather than the I-20 or DS-2019 with the original signature when filing a change os status to F, M or J or an F or M reinstatement. Remember that the USCIS will not return the form I-20 or DS-2019 to the applicant upon approval of Form I-539. Thus applicants of I-539 who wish to have USCIS stamp their form I-20 or DS-2019 may make an appointment online through InfoPass and take their form to their local USCIS office. Form I-539 applications filed with the USCIS ELIS, the USCIS will accept a scanned, electronic version of a valid and properly executed (signed by both parties) for I-20 or DS-2019. Beware.

07/19/2012: Name of Beneficiary of I-129, I-539, I-765, and I-131 in Approval Notices Different from the Petition/Application

• USCIS advises that where there is a difference between the name which the petitioner/applicant entered on the petition/application and the name shown on the alien beneficiary's passport and/or visa, the name on the approval document will show the name on the passport or visa rather than the name on the petition/application, pursuant to the current USCIS guidance and Department of State directives which state that for beneficiaries of these cases types the alien beneficiary's name will be changed to the name on the passport, or visa if the visa was issued subsequent to the passport. Please keep this practice of the agencies in mind.

07/19/2012: USCIS Releases Processing Times Update 07/19/2012

• The update is released today but the cut-off date of processing times report is as of 05/31/2012. See homepage.

07/19/2012: Implementation of Deferred Action Initiatives and Unanswered Question of Available USCIS Resources to Adjudicate the Cases en Masse

• There are broadly two different types of groups of the beneficiaries of this deferred action initiatives. One group is those undocumented aliens who are potentially eligible for the benefit and who are already in the immigration enforcement track with ICE and immigration courts. The other group, that include most of the DREAMers, is those undocumented aliens who remain in closet and have yet to be exposed to the immigration enforcement authorities. The people in the first group are already processed for this benefit through ICE and immigration courts and USCIS is working on the deferred action relief. However, the second group keeps remaining in the closet pending release of the detailed procedure and standards for the deferred action application. Since the DHS Secretary's order was to implement it within 60 days, the USCIS and other agencies are expected to begin processing such cases, giving opportunities for the DREAMers to come out of the closed sometime around mid August 2012. The exact numbers of these DREAMers are unknow but it is speculated that the number could be fairly high. The question remains: What resources does USCIS have to process such applications en masse? Since no details have been released as to the specific procedure, no one has answers to this question. One thing clear is that they have fixed and limited fund and resources. It appears these resources may have to be tapped to process such massive deferred action applications. The Republican House opposes to this initiative and the USCIS has a limited funding which is mostly fee-based. The USCIS may eventually have to raise the immigration filing fees across the board. The real question is how it is going to affect all the pending and new petitions and applications which are not related to the deferred action program. Without doubt, it will negatively affect the processing times and quality of adjudication for all other types of cases because of the limited sources of funding and available resources. It is hoped that the USCIS gives the stakeholders a picture of the impact on the overall processing times. It is not related to this issue, but currently H-1B cap petitions are witnessting a substantial delay.

07/19/2012: House Judiciary Immigration Subcommittee Hearing on 07/24/2012 on "The Aftermath of Fraud by Immigration Attorneys"

• Wow, the subject of hearing projects a nagative image over the immigration lawyers in broad brush. Let's see what the hearing is about. Stay tuned.
• List of witnesses to testify:
  • Mr. Waldemar Rodriguez, Deputy Assistant Director, Transnational Crime and Public Saftey Division, Homeland Security Investigations, ICE
    U.S. Department of Homeland Security (DHS)
  • Ms. Sarah M. Kendall, Associate Director, Fraud Detection and National Security Directorate, USCIS
  • Mr. Chris Cane, President, National Immigration and Customs Enforcement Council 118, American Federation of Government Employees
  • Ms. Laura Lichter, President, AILA
    

07/19/2012: New Web Page for All Foreign Labor Certification Application Statistics in One Place

• The Office of Foreign Labor Certification, DOL, has created and released a new web page that allows access to most of the important foreign labor certification statistics in one place, including annaul or quarterly foreign labor certification performance data, selected statistics of permanent and temporary foreign labor certification processing by program, and disclosure data.

07/19/2012: H.R. 3012 and Report of Potential Additional Objections in the Senate

• Senator Grassley lifted hold on this bill removing the first hurdle. However, the bill has yet to face two challenges in the Senate, not to mention any other potential problems in the House. One is potential troublesome or controversial amendments that can be introduced on the floor including the Senator Grassley's amendment. The second is potential additional objections to the bill on the floor and potential problem of passing motion to invoke cloture by at least 60 votes. For the first problem, it has been made clear that the Irish E-3 will no longer be a threat as it appears that this was an agreement of Sentor Schumer with the Irish community and probably part of his agreement with Senator Grassley. However, nothing can be ruled out at this point as to what other controversial amendments can be introduced and passed as part of the bill which may not be well swallowed by the Republican House. As for the second problem, AILA has reported that there are some Senators who may object to the bill on the floor, forcing motion to invoke cloture requiring 60 votes. No names of the Senators are known at this point but it appears it is a credible information. On top of all of the foregoing hurdles, clock keeps ticking with the remaining Congressional sessions running out quickly. Supporters of the bill hope to see this bill passed before the election in November, but time poses a huge threat to such wishful thinking. If it fails to pass before the election, it should be made through the lame duck session during the nation's most celebrated holiday season. Otherwise, the bill will die at the end of the year since the 112th Congress will be closed and all the pending legislative bills will die along with the sunset of the 112th Congress. Who knows, though? A miracle can happen.

07/19/2012: Growing Attention of Retaining Foreign STEM Brains Among Academic & Business Leaders and Policy Makers

• As we reported earlier, a broad spectrum of nation's businesses, higher learning institutions, and other leaders wrote a letter to the policy makers to remind them of importance of retaining STEM foreigners who have been trained in the U.S. through the academic and research institutions for the national interest and economic growth interest. Rep. Lamar Smith, Chairman of the House Judiciary Committee is reportedly drafting a bill proposing immigrration solutions to retain such STEM foreigners. This move more narrowly focuses on the issue of retaining U.S. trained foreign STEM brains. It is uncertain how this move will affect ongoing legislative bills that generally address the high skilled foreign workers.

07/19/2012: USCIS Director Announcement of Opening of New EB-5 Investor Immigrant Program Administration Office

• We recently reported a remarkable growth of EB-5 programs during a past few years. Allegedly, Obama Administration has been focusing on this program for two purposes, among others: The first purpose is creation of new jobs through boost of businesses. The second purpose is to attract investment from sources outside of the country to support the economic growth of the nation. Thus far absolute majority of investment has been derived from the investors from China, the fastest growing economic power in the world. This EB-5 program has been pushed hard along with a policy of spurring massive travelers from those countries for the foreign relations and business purposes. Read on.

07/14/2012: Unconfirmed Rumor of Additional Holds on H.R. 3012 Other Than Sen. Grassley's

• There is a rumor of other holds on H.R. 3012 by some Senators other than Sen. Grassley's. If this information is confirmed, these holds will have to be lifted first before H.R. 3012 can be taken up on the Senate floor as otherwise these Senators can filibuster against the bill.

07/11/2012: Congressional Record of Grassley Lifting Hold on H.R. 3012

LIFTING HOLD ON H.R. 3012 -- (Senate - July 11, 2012): [Page: S4889]

--- Mr. GRASSLEY. Mr. President, today I lift my hold on H.R. 3012, the Fairness for High-Skilled Immigrants Act. This bill would eliminate the per-country numerical limitations for employment based immigrants and change the per-country numerical limitations for family-based immigrants. When I placed a hold on the bill, I was concerned that the bill did nothing to better protect Americans at home who seek high-skilled jobs during this time of record unemployment. Today, I lift my hold because I have reached an agreement with the senior Senator from New York, the chairman of the Senate Judiciary Subcommittee on Immigration, Refugees and Border Security.

I have spent a lot of time and effort into rooting out fraud and abuse in our visa programs, specifically the H-1B visa program. I have always said this program can and should serve as a benefit to our country, our economy and our U.S. employers. However, it is clear that it is not working as intended, and the program is having a detrimental effect on American workers.

For many years, Senator Durbin and I have worked on legislation to close the loopholes in the H-1B visa program. Our legislation would ensure that American workers are afforded the first chance to obtain the available high paying and high skilled jobs in the United States. It would make sure visa holders know their rights. It would strengthen the wage requirements, ridding the incentives for companies to hire cheap, foreign labor.

While I could not get everything that was included in the Durbin-Grassley visa reform bill, there is agreement to include in H.R. 3012 provisions that give greater authority to program overseers to investigate visa fraud and abuse. Specifically, there will be language authorizing the Department of Labor to better review labor condition applications and investigate fraud and misrepresentation by employers. There is also agreement to include a provision allowing the Federal Government to do annual compliance audits of employers who bring in foreign workers through the H-1B visa program.

I appreciate the willingness of other members to work with me to include measures that will help us combat visa fraud, and ultimately protect more American workers. I look forward to working with others as H.R. 3012 progresses in the Senate.

07/11/2012: Senator Grassley Lifted Hold on H.R. 3012

• Senator Grassley put the following statement in The Congressional Record regarding lifting his hold on H.R. 3012, the Fairness for High-Skilled Immigrants Act.
  • Mr. President, Today, I lift my hold on H.R. 3012, the Fairness for High-Skilled Immigrants Act. This bill would eliminate the per-country numerical limitations for employment–based immigrants and change the per-country numerical limitations for family-based immigrants.
• For the full text which is released by the Senator Grassley, please click here. Since the H.R. 3012 will be amended, even if the Senate passes the bill, the bill will have to go back to the House for its action. There was also unconfirmed speculation that there could be an attempt by the Irish community to bring an amendment to this bill adding E-3 visa for Irish. This has yet to be confirmed. It is not confirmed that on what conditions, Sen. Chuck Shumer of New York agreed to the compromise. Readers may recall that it is Senator Churck Schumer who sponsored a bill attaching H.R. 3012 and E-3 visa for the Irish, including certain relief for undocumented Irish people. Indeed, the Irish community was divided on E-3 bill between Sen. Brown that sponsored only "legal" Irish E-3 visa bill, while Chuck Schumer sponsored undocumented Irish relief provision in the text. The Irish Community in New York supported such bill and the Irish community in Massachusetts opposed undocumented Irish relief bill, reflecting charateristics of two different Irish communities in the East Coast. We will watch carefully development of this bill.

07/11/2012: USCIS Electronic Immigration System (ELIS) Webinar Tomorrow, 07/12/2012

• The USCIS has been scheduling a series of webinars to publicize and educate the stakeholders and immigrants with the ELIS. The last one is scheduled tomorrow between 1:00 and 2:00 p.m. (EST). We encourage all the nonimmigrants to participate in this webinars to learn ongoing and forthcoming changes in the immigration filing and processing system. We consider it opening of a new chapter in the immigration management. Those who are interested in the webinar should click here to learn the details.
• Everyone should also read the web publication "Instructions for Requesting Benefits Using ELIS."

07/11/2012: Another System Outage Alert for iCERT Portal System on 07/16/2012

• The Office of Foreign Labor Certification has just posted an alert that due to regular system maintenance, the iCERT System will be unavailable from 8AM to 12PM ET on Monday, July 16, 2012. This notice is separate from their previous notice that the system will not be available from tonight until tomorrow morning.

07/11/2012: DOL Move to Cramp Up Temporary Foreign Labor Certification Process Against Frauds Through Revision of ETA 9035 Forms

• As we reported earlier, the Office of Foreign Labor Certification has released a notice in the federal register to propose change of the current ETA 9035 forms to tighten up the process against the fraudulent filings of the applications by the employers. The proposed revised form will not take effect until after 09/07/2012 when the period of comment ends. The revised form involves a number of issues which will be addressed to the agency by the stakeholders before September 7, 2012. The revised form will require the employers to disclose the details of the involved foreign worker beneficiaries as well as the employers' business operation structures and finance including gross revenue and net income, to name a few. Apparently, this is a coordiated effort among the DOL, DOL Office of Inspector General, and DHS to tighten up the system to detect the frauds in H-1B LCA and other nonimmigrant related temporary labor certification applications. We have no information available about what has motivated the DOL to initiate this process, but there has been unconfirmed report that the agencies were considering regularization of audits of the employers, particularly the H-1B Dependent Employers, down the road. Employers, beware!
• The following is the statement which Senator Grassley released in lifting H.R. 3012: "While I couldn’t get everything that was included in the Durbin-Grassley visa reform bill, there is agreement to include in H.R. 3012 provisions that give greater authority to program overseers to investigate visa fraud and abuse. Specifically, there will be language authorizing the Department of Labor to better review labor condition applications and investigate fraud and misrepresentation by employers. There’s also agreement to include a provision allowing the federal government to do annual compliance audits of employers who bring in foreign workers through the H-1B visa program." Is the current move of DOL to change ETA 9035 form just a coincidence?!

07/10/2012: Official August 2012 Visa Bulletin

07/06/2012: PERM System and ICERT System Outage Alert Next Thursday Night, 07/12/2012

• Both the PERM and iCERT Online systems will be unavailable from 8PM ET on Thursday, July 12, 2012 to 6AM ET Friday, July 13, 2012 for routine maintenance.

07/06/2012: Office of Foreign Labor Certification Plans to Revise ETA 9035E and Instructions to Achieve "Integrity"

• No details are available about at this time, but it will be made available to the public soon. Please stay tuned.

07/06/2012: USCIS Postpones the Stakeholder Teleconference Scheduled on Monday, 07/09/2012, on Deferred Action Implementation for DREAMers

• Currently, the DREAMers who are not in removal proceedings are unable to come out of closet to apply for this relief pending the involved agencies, particularly USCIS' release of details of procedure, standards, and other guidances for various issues relating to the program. The stakeholder teleconference on 07/09/2012 was expected to give some details including the schedules of implementation. No information is available about at this time for the new schedule for this teleconference. Please stay tuned.

07/05/2012: USCIS Alert for Deferred Action or Provisional Unlawful Waiver Candidates

• They should not, repeat not, submit a deferred action request under the Deferred Action Process for Young People, nor for Provisional Unlawful Presence Waiver (I-601) until the USCIS reseases an official notice. The later program has yet to complete the rule-making process and not in effect at this time. The former program for DREAMers needs announcement of detailed guidelines for implementation. The agencies were given 60 days to develop and implement the program.
• These candidates should not pay anyone to initiate the process since they are vulnerable to scammers!

07/05/2012: Nonimmigrant Visa Extension "Interview Waiver" Program Expanded to the Visa Posts in Mexico Effective 07/01/2012

• Currently, most visas that have been expired for 12 months or less may be renewed after the applicant’s appointment at the Applicant Service Center (ASC) without a second appointment/interview at the U.S. Embassy or Consulate in Mexico. Under the new program which took effect on 07/01/2012, applicants can apply for a renewal of their visa if their current visa has expired within 48 months or less of their renewal application. For details, please click here.

07/05/2012: New SOC/OES Wage (07/01/2012-06/30/2013) Effective 07/01/2012 for H-1B Labor Condition Application Prevailing Wage Determination

• DOL published the new prevailing wage data (SOC/OES) for filing of H-1B Labor Condition Application. BEWARE!
• DOL notes that this update continues the transition to the SOC 2010 occupational coding structure that began in the 2011-2012 program year. No OES/SOC occupation codes have changed this year, but the OWL now incorporates O*Net 16 based on SOC 2010, so many of the O*Net occupations and related information like Job Zones have changed. For other details, please click here.

07/03/2012: Remarkable Change of Investor Immigrant Trend as Reflected in the I-529 and I-829 Statistics of the USCIS Between 2005 and 2012

• On 06/28/2012, the USCIS released the statistics of processing of I-529 investor immigrant petition (2-year conditional permanent resident status based on qualified investment) and I-829 removal of conditional resident status petition (after two years in conditional resident status). As summarized in the following table, the change in number of petitions and the rate of approval are literally dramatic. In 2005, they received only 332 I-529 petitions and only 53% petitions were approved, while in 2011 the number of I-529 increased to 3,805 petitions and the approval rate also increased to 81%. For the first two quarters alone of 2012 (ending 03/31/2012), the number of new I-529 petitions marked 2,771 and 85% of the petitions were approved. The statistics of removal of the two-year conditional resident status based on investment immigrant program also reflect a remarkable changes: Only 37 removal petition in 2005 with 62% of approval rate, while by 2011, the number increased to 2,345 and 96% of approval rate!

FY	I-526 Receipts	I-526 Approval Rate	I-829 Receipts	I-829 Approval Rate
2005	332	53%	27	62%
2008	1,257	84%	390	70%
2011	3,805	81%	2,345	96%
2012 (First 2 Quarters)	2,771	85%	375	96%
TOTAL	12,410		4,635

• For the full statistics, please click here. Part of these investments represent "equity" investments feeding capital to this country's enterprises to create jobs and generate associated businesses. This trend of immigration policy is contrasted with skilled worker immigrant programs that have been continuously constrained by the restrictive immigration policy of the nation. Common sense should dictate that "brain" should be as important as "money or capital" for the long-term growth of this nation and sustaining power of its leadership in the world. Something to think about.

07/02/2012: DHS Schedules Teleconference on 07/09/2012 to Discuss Further Details on Implementation of Recent Deferred Action Memorandum for DREAMers

• CBP, USCIS, and ICE invite any interested individuals to participate in USCIS national engagement session for further detail regarding the implementation of Secretary Napolitano’s Memorandum on Monday, July 9, 2012 from 4:00 pm to 5:00 pm (Eastern). DREAMers and stakeholdes may have to attend this teleconference to obtain answers to such unansered questions in the Memornadum through the heads of three agencies of DHS.
• Featured speakers will be:
  • David Aguilar, Acting Commissioner, CBP
  • Alejandro Mayorkas, Director, USCIS
  • John Morton, Director, ICE
• To Participate in the July 9 Teleconference, Call 1-888-928-9525 at 20 minutes prior to the start of the teleconference and give Passcode of DHS/
• Members of the media should call (202)282-8010 with inquiries. See also USCIS announcement.

07/02/2012: U.S. Senate Adjourned 'Til 07/09/2012

• Considering the short time remaining for the legislative sessions before the summer recess of the Congress, our readers are anxious and calling us to learn updates of the legislative sessions. The Senate is currently adjourned until July 9, 2012 and there will be no votes until July 10, 2012. Despite the rising interest of the community in the piece-meal employment-based immigration reforms, these bills still remain not in the top priorities. Readers may as well enjoy the Fourth of July national holiday(s) and learn to deal with the killer(?) heat!

06/29/2012: High Skilled Foreign Workers U.S. Employers Mobilized to Push Political Leaders to Act on Broken Employment-Based Immigration System

• Nowadays, Obama Administration's initiatives for undocuments aliens have been on the full spotlight receiving the most attention from the media and political leaders. Behind such spotslight, however, there have been organized lobbying activities by the employers of high skilled foreign workers to push the political leaders to act on the employment-based immigration reform. The following two letters represent part of such ongoing activities by the stakeholder employers:
  • Letter of Leading Academic Institutions
  • Reported Letter of High-Tech Businesses
• As the summer season is in full swing and clock started ticking faster for the remaining legislative sessions before the Congressional summer break, the employment-based immigration stakeholders are also adding steam to their lobbying activities. Please stay tuned.

06/29/2012: Here Comes Third Bride - House Bill to Cripple the DHS' Provisional Unlawful Presence Waiver of Inadmissibility Rule Making

• One of the earlier administrative tools which the Obama Administration intended to initiate to woo Hispanic community was lanuch of a rule-making process for "Provisional Unlawful Presence Waivers of Inadmissibility for Certain Immediate Relatives on 04/02/2012 in the form of a "proposed rule." The comment period ended on 06/01/2012, but the DHS has yet to seek either Interim Final Rule or File Rule approval from the OMB of the White House. This process has witnessed a little bit of drag. And guess what! Yesterday, a legislator in the House introduced H.R.6052 to prohibit the use of funds for this rule' which had yet to be enacted! The legislator is Rep. Sam Graves of Missouri. House Republican members have been introducing legislative bills in futile to block the Obama Administration's administrative fix of the broken immigration system in the area of relief for undocumented aliens. Earlier a bill was introduced to stop the Obama Administration's "Deferred Action" initiatives primarily to extend the relief to the DREAMers, followed by another bill to block the Obama Administration's "Prosecutorial Discretion" initiatives not to prosecute undocumented aliens with a low risk record. Now, here comes a 3rd bride to block the Obama Administration's another administrative relief for undocumented aliens with U.S. citizen spouses that would allow the undocumented aliens to keep staying in the U.S. pending the waiver of admissibility proceeding overseas. All of these administrative relief will benefit mostly Hispanic community and help the political leaders to energize the Hispanic voters in the coming national election.
• We call these bills "bride" in the sense that they may all look "cute and pretty" but have no chance that such bills will be enacted into laws under the given political landscape. Specitically, the Democratic Senate will in no way agree to such bills! Nice try!?

06/28/2012: Trend of PERM Processing Times

• The following table shows OFLC's official PERM processing time report. Government error reconsideration has been always "current" and we will not include this in the following table. The date shows the priority date (the date PERM was filed).

Cut-Off Date ("as of" date)	Analyst Review	Audit	Reconsideration	Govt Error Reconsider
06/11/2012	04/2012	12/2011	06/2011	C
04/02/2012	01/2012	09/2011	03/2011	C
03/26/2012	12/2011	08/2011	12/2010	C
03/05/2012	11/2011	07/2011	10/2010	C
02/15/2012	10/2011	06/2011	08/2010	C
01/03/2012	10/2011	04/2011	04/2010	C
05/31/2011	04/2011	09/2010	11/2008	C

• The foregoing table shows that clean-cut PERM cases started moving faster beginning February 2012, but during the past two and a half month, it slowed down somewhat. It moved up less than one month a half between April and June 2012. Same was true with Audit cases.

06/28/2012: Unconfirmed FY-2013 (10/01/2012-09/30/2013) Employment-Based Visa Cut-Off Dates Prediction

• Determination of visa cut-off dates for the monthly Visa Bulletin relies on so many variable or even unpredictable consumption of visa demands by the USCIS and Visa Posts throughout the world. In the employment-based immigration cases, reportedly 85% to 90% numbers are consumed by the USCIS for the EB-485 approvals. What will be demands from EB-485 applications in the new fiscal year is anyone's game of speculation, but unconfirmed sources indicate as follows based on some information from the Department of State:
  • The world-wide cut-off date for EB-2 is likely to change to "Current" in October 2012, meaning that there will be no EB-2 visa number regression coming October 1, 2012 for the world-wide countries other than India and China.
  • EB-2 cut-off date for India and China is likely to move back to August or September 2007, the previous cut-off date before it became unavailable lately. Again the same unconfirmed sources indicate that the new October 2012 cut-off date for India and China EB-2 may not further progress for the first two quarters of FY 2013 which ends on March 31, 2013.
• The foregoing prediction will be wiped out if the Congress passes H.R. 3012, eliminating employment-based visa per country annual limitation.

06/27/2012: Immigration Stakeholder Organizations Sign-On Letter to DHS Sectrary on Deferred Action Implementation

• About 74 immigration stakeholder organizations wrote a letter with recommendations for effective implementation of the deferred action program. One of the top recommendations includes protection of confidentiality of the information for the applicants and related parties to encourage the DREAMers to come out of the closet.
• There is a frustating and discouraging news report that despite the Obama Administration's recent efforts to woo Hispanic voters through its recent actions such as prosecutorial discretion against immigration enforcement, deferred action for DREAMers, initiation of rule-making process of provisional waiver of inadmissibility for undocumented alien relatives of U.S. citizens and related procedural reform at the administrative level, etc., the Hispanic voters turn-out rate in the recent primary elections in Hispanic population states has been low, potentially causing concern for the Democrats. It may reflect that the Obama Administration's recent actions has thus far failed to energize sufficiently the Hispanic voters, in part because of lack of visible fruits and results of their initiatives and actions for whatever reasons. There has been a report that despite the publicity and controversy surrounding action of prosecutorial discretion against the immigration enforcement for low risk undocumented aliens, the actual numbers of such actions turns out to be lower than expectation. Besides, the just announced deferred action relief for the DREAMers has been facing concerns with its effectiveness because of its inherent flaws lacking a sufficient "legal" protection for the DREAMers and their family members from vulnerability when they come out of the closet. In this regard, the issues and concerns which are addressed in the stakeholders sign-on letter should be taken very seriously by the Obama Administration. These days, voters are smart and intelligent enough to read the messages of political leaders not necessarily on the face value but "actual" action and "fruits." Romney and Republican leaders have learned this lesson lately and Obama and Democrats should also learn to hear voices of the voters seriously and carefully.

06/26/2012: DHS Reportedly Pulled Back 287(g) Program, a Program of Deputizing Local Officials for Immigration-Based Arrests

• Report indicates that yesterday afternoon, "the Department of Homeland Security had pulled back on a program known as 287(g), which allows the feds to deputize local officials to make immigration-based arrests. According to a Homeland Security official, the administration has determined those agreements are "not useful" now in states that have Arizona-style laws. Immigration and Customs Enforcement has since rescinded that agreement in Arizona -- with the state itself, and with three local law enforcement agencies. The move means that even if local police step up immigration checks, they'll have to rely on federal officials to make the arrests. And federal officials made clear that ICE would be selective in responding to the expected rise in calls from Arizona and other police agencies about immigration status. Officials said ICE will not respond to the scene unless the person in question meets certain criteria -- such as being wanted for a felony.

06/25/2012: Statement by DHS Secretary Napolitano on the Supreme Court’s Ruling on Arizona v. the United States

06/25/2012: The U.S. Supreme Court Handed Down a Decision on Arizona Immigration Law, SB 1070, Striking Down in Parts and Sustaining in Parts

• The U.S. Supreme Court has handed down its decision today sustaining the provision on the cop's right to stop aliens on reasonable suspicion but striking down the provisions relating to the State's right to interprete and enforce immigration laws on its own interpretation. This decision is considered a big win for the federal government. Please read the full text of the decision.

06/25/2012: USCIS I-140 Processing Statistics at the End of April 2012

06/25/2012: USCIS I-485 :Processing Statistics at the End of April 2012

06/23/2012: Alert to DREAMers!!

• There are a plenty of information available out there concerning the details of Deferred Action program and EAD application. This message is posted to alert the DREAMers who are currently not in immigration enforcement proceeding that the DHS Secretary's memorandum on Deferred Action gave 60 days to the USCIS and USICE for processing of applications for Deferred Action by those DREAMers who are currently not in the immigration enforcement proceedings and these agencies have yet to release the detailed procedure for these applicants to apply for the benefits. Until such information is released, they may not contact the agencies without first seeking legal counsel. There are a number of issues which have yet to be clarified and it will be very risky for them to contact the agencies without first seeking legal counsel. Don't be scammed! They are adivsed to read the Q&A prepared by the American Immigration Council.
• Read also ICE Q&A on the subject. It is a MUST-READ material. Reader should notice how broad the definition of excluded youngster with the record of "a significant misdemeanor" or "multiple misdemeanors." Even though the agencies have yet to further develop the specific procedures and standards during the next one month and a half, DREAMers who have yet to come out of closet should be careful before they come out because once they come out, they are crossing a bridge of no return, should the USCIS find that they are not qualified. Remember that there is a huge difference between legalization by law in early 1980's and current deferred action policy which is an administrative relief. When a huge number of undocumented and illegal aliens were given opportunities in early 1980's to apply for legalization, the amanesty law had a provision that shielded the information on the illegal aliens, who came out of the closet and applied for the application, from immigration enforcement authorities, and employees of the agencies who violated this provision could be subject to prosecution for release of the information. In the current administrative relief of deferred action, there is no such legal protection and the agencies would not be able to protect those who come out of closet from law enforcement unless they desert their legal duties to enforce the immigration laws against aliens who had violated the laws if it turns out they are not qualified. According the ICE Q&A indicates that the USCIS may have to issue a Notice to Appear (NTA), which is the first step of removal proceeding. There is another potential risk which needs the answers from the agencies: Impact on their undocumented alien family members including their spouses, parents and siblings, whose whereabouts could be exposed during the DREAMers process of applications for deferred action and employment authorization.As the Q&A states, the family members are not covered by the deferred action relief policy.
• Under the given circumstances, the Obama Administration's Deferred Action policy is a welcome relief, next best to the legislative relief. Governor Romney and Republicans will not be able to hide behind the smog too long because they apparently admitted that a legislative action would be needed for a long term solution for these innocent youngsters and their continuous failure to act swiftly will be taken by the Hispanic community as an evidence that their true intents are different from the words which they have been spinning through the media. DREAMers need a true "legal" protection.

06/22/2012: Rising Expectation and Hope for H.R. 3012 Legislation Perspectives in High Tech Businesses and High Skilled Foreign Worker Community

• The news of Senator Grassley's willingness to lift hold on H.R. 3012 with the new compromised and amended text to his initial amendment text cannot come at a better time, driving stakeholder employers and high skilled professional workers to excitement and rising hope for their dream come true. Why? Should the negotiation succeed between the two parties, the bill can even be enacted in unaniimous consent without votes. Even if they fail to reach agreement between the two party leaders in the Senate, there is an enhanced chance for passage of the bill in the Senate. The key question remains whether or not the bill will be passed with any amendments. In the latter case, the bill will have to go back to the House for its action either with or without a Senate-House conference committee process before the community sees the final fate of this legislation. Please stay tuned to this website for the next week or a few weeks to learn the development.

06/22/2012: After Winning in Temporary Relief Initiatives for DREAMers, Obama Moves on Assaulting Romney to Join Him in CIR Legislation

• As we reported earlier today, Romney failed to turn the tide around for the success of Obama's DREAMer temporary relief initiatives ("Deferred Action"). Romney, instead, directed his focus on "permanent" solution for certain undocumented aliens without giving any details, when it comes to relief for undocumented aliens. Today, Obama had a chance to address "permanent" relief issue before the same Hispanic leader group. Since he did not need to defend his DREAM temporary relief initiatives any longer, he rather directed his speech to the issue which Romney had brought up one day earlier with an assertion that he is determined to move on to the next task of legislating permanent solutions and requested the Republicans to join him in his determination to address the comprehensive immigration reform issues that would provide "permanent" solutions for the undocumented aliens, cornering Romney into a defensive position. Since it is considered a common sense at this juncture that such permanent solutions cannot be legislated before the November election, both leaders tried to position themselves as an ally to the ethnic community. Who was the winner? Readers will be able to find their answer to this question very easily and this reporter will leave it to them. It suffice to give one of the news reports here.

06/22/2012: Sen. Grassley's Amended H.R. 3012 Proposal to Lift his Hold

• According to the AILA report, Sen. Grassley has drafted a proposal to amend the H.R. 3012 adding enhanced fraud investigation tools for H-1B labor condition application to lift his hold on the pending H.R. 3012. For the development of this negotiation, please stay tuned.

06/22/2012: Rubio Watered-Down DREAM Proposal Sidelined in Romney's Speech Yesterday Before Hispanic Group Meeting

• Romney softened his position against DREAM relief and tried to bypass attack against the President's Deferred Action initiatives yesterday for the obvious reasons. He did not disclose his own alternative proposal, but there was a total surprise that he brushed aside the Rubio proposal that focused on temporary and nonimmigrant relief and rather took side with Rep. David Rivera of Florida proposal that focuses on green card relief on the DREAM youngsters' military services by emphasizing that he would go for permanent relief over a temporary relief. What a painful wedge he hammered between the two Cuban ethnic legislators! Unfortunately, his idea is not a workable solution under the given political environment and must be taken as a way of bypassing his position on immigration reform, no matter short term or long term.
• For the yesterday's disastrous event for Romney and Rubio, please read the news report.

06/22/2012: Here Comes Another Bride!

• Yesterday, Rep. Michael Burgess of Texas introduced H.R.6001 to prohibit the Secretary of Homeland Security from granting a work authorization to an alien found to have been unlawfully present in the United States.
  Readers, you know what this bill means, right? Cute.

06/21/2012: PERM Revises FAQ on 06/21/2012 on Completing ETA 9141 for Alternative Job Requirement

• If an employer intends to accept alternative job requirements and to list such requirements on the ETA Form 9089, the employer must list its alternative job requirements on the ETA Form 9141. Specifically, the employer should list its alternative job requirements in either the Special Requirements block (D.b.5) or the Job Duties block (D.a.6) of the ETA Form 9141. This is to reflect a line of BALCA decisions affirming our ability to require the same information on the job opportunity on both forms. It should be noted, as will be indicated in a note on the prevailing wage determination, that the NPWC will not consider the alternative job requirements when making the wage determination; prevailing wage determinations will be based ONLY on the job requirements listed by the employer in the Minimum Requirements block (D.b) of the ETA Form 9141. Nor does the NPWC make any evaluation of the substantial equivalence of the alternative job requirements to the primary minimum job requirements listed. That evaluation will continue to be made in the adjudication of the Application for Permanent Employment Certification.

06/21/2012: Ameican Embassy in Mexico Announces Changes in U.S. Treaty Trader and Investor Visas (E Visas) Processing in Mexico

• Read on.

06/20/2012: Chinese Media Reprocity Act Hearing Witness Testimonies of 06/20/2012

• Rep. Dana Rohrbacher, 46th District of Columbia
• John Lenczowski Ph.D, President, The Institute of World Politics, Washington, D.C.
• Nick Zahn, Asia Communications Fellow, Director of the Washington Roundtable for the Asia Pacific Press, The Heritage Foundation
• Robert Daly, Director, Maryland China Initiative, The University of Maryland

06/20/2012: Full Text of H.R. 5957 to Stop Deferred Action Initiatives of Obama Administration

• This is Rep. Schweikert of Arizona bill to prohibit the Secretary of Homeland Security from granting deferred action or otherwise suspending the effectiveness or enforcement of th immigration laws.
  • SECTION 1. PROHIBITION ON GRANTING DEFERRED ACTION: Beginning on the date of the enactment of this Act, the Secretary of Homeland Security may not grant deferred action or otherwise suspend the effectiveness or enforcement of the immigration laws (as defined in section 101(a)(17) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(17))).
• Hmm......HMM.....................................Question remains whether the Republican majority House will dare to pass this bill of a Republican in the national Presidential election season. It will depend on Romney's speech before the Latino meeting tomorrow, 06/21/2012! Whatever the Republicans decide, this bill will go nowhere when it gets to the Democratic majority Senate. At this point, it is all political maneuvering, but this raises a question of what the fate of deferred action could be, should the Republican candidate, Romney, wins in the November election. As this reporter reported earlier, for the reasons, passage of Rubio's watered down DREAM proposal may be crucial for the DREAMers because the DREAMers' legalized nonimmigrant status cannot be taken away by legislation or by the result of the Presidential election in November!

06/20/2012: Full Text of H.R. 5953, Prohibiting Back-Door Amnesty Act Bill

• Following is the full text of Rep. Benjamin Quayle of Arizona:
  • SECTION 1. SHORT TITLE: This Act may be cited as the ``Prohibiting Back-door Amnesty Act''.
  • SEC. 2. NULLIFICATION OF CERTAIN POLICIES REGARDING PROSECUTORIAL
    DISCRETION.
  • (a) Disapproval.--The Congress disapproves the following, which shall have no force or effect:
    (1) The June 17, 2011, memorandum from John Morton, the Director of U.S. Immigration and Customs Enforcement, regarding the exercise of prosecutorial discretion consistent with the civil immigration enforcement priorities of the agency for the apprehension, detention, and removal of aliens.
    (2) The June 15, 2012, memorandum from Janet Napolitano, the Secretary of Homeland Security, regarding the exercise of prosecutorial discretion with respect to individuals who came to the United States as children.
    (3) The draft directive developed by U.S. Customs and Border Protection (amending CBP Directive No. 3340-043) containing guidance on when to pursue enforcement actions and factors such agency's personnel should consider when exercising discretion.
    (b) Prohibition.--Pursuant to the plenary power over immigration the Congress under article I, section 8, clause 4 of the Constitution of the United States, the President, the Secretary of Homeland Security, and any personnel of the Department of Homeland Security shall not promulgate, implement, administer, or enforce any Executive order, proposed or final rule, other provision of law, guidance, or policy that is the same as, or similar in effect to, any or all of the documents described in subsection (a).
• Hmm...................

06/20/2012: U.S. Labor Secretary Statement of Impact of Deferred Action Implementation on U.S. Workforce

06/20/2012: USCIS Reminder of EB-2 Visa Available Thru the End of June 2012 for Worldwide, Mexico & Philippines

• The USCIS has issued this reminder that the cut-off date for EB-2 Worldwide, Mexico and the Philippines effective July 2012 will regress to January. 1, 2009, but the June cut-off date for EB-2 for Worldwide, Mexico and the Philippines is "C" for "current." meaning that EB-2 visa will be available for these nationals through the end of June 2012.
• What does this reminder mean? It means that (1) these nationals who have obtained certification of PERM can file EB-2 I-140 petition concurrently with I-485 applications before July 1, 2012, and they should keep filing such I-485 applications; (2) these nationals who are eligible for labor certification waiver EB-2 petition can also file such I-140 petition concurrently with I-485 applications before July 1, 2012; (3) these nationals whose I-485 applications have been pending can be approved before or after July 1, 2012 inasmuch as the USCIS completes adjudication of these cases and seek EB-2 visa number authorization from the State Department before the end of June 2012.

06/20/2012: Sen. Grassley & 19 Other Republican Senate Leaders Letter to President Challenging Constitutionality of his Deferred Action Initiative

• Being annoyed and embarassed, these GOP Senate leaders wrote a letter to President Obama yesterday. As this reporter wrote earlier, the immigration relief of "Deferred Action" is nothing new and aged-old immigration practice of the federal government for decades. Constitutionality of such relief, if at all, should have been raised decades back. The Senators should rather have raised the issue of effectiveness and volnerability of this relief in the context of a relief for DREAMERS for lack of legal protection in that the DREAMERS will have to remain in "out of status" during the period of deferred prosecutorial action of immigration law enforcement and lift of the relief on whatever legal or political grounds will expose them to removal from the country in the future. Due to such vulnerability, there is a question of effectiveness of the deferred action to bring the DREAMERS out of the closet. Community leaders and lawyers are already cautioning the DREAMERS who have yet to come out of the closet to seek legal counsel before they come out of the closet because of the inherent flaws with the deferred action relief.

06/19/2012: Effective 08/02/2012, Chicago National Processing Center Address Will Change for Filing and Processing of All Temporary Labor Certification Applications

• The Chicago National Processing Center (CNPC) is the processing center of the DOL Office of Foreign Labor Certifications that processes all the temporary labor certification applications including H-1B, H-1B1, E-3, H-2A, H-2B, and D-1 programs. The address of CNPC will change effective 08/02/2012. There will be a 20-day grace period but effective 08/23/2012, any filings of these programs which are overnighted or mailed to the old address will be returned. The new addresses are as follows:
  • U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center, 11 West Quincy Court, Chicago, IL 60604-2105. Tel: (312)886-8000, Fax: (312) 353-8830.
  • All the invoices/fees for H-2A program should be submitted to: U.S. Department of Labor, Employment and Training Administration, Office of Foreign Labor Certification, Chicago National Processing Center, P.O. Box A3804, IL 60690-A3804.
• Please make a note of it. See official notice.

06/19/2012: Startup 2.0 Act Referred to House Immigration Subcommittee

• Yesterday, this bill was referred to the House Immigration Subcommittee. Let's see how Chairman Lamar Smith of Judiciary Committee will take up this bill quickly in the House.

06/19/2012: Another House Bill to Block Obama Administration's Deferred Action Policy for DREAMERS

• Another bill, H.R.5957 was introduced in the House yesterday by another Congressman from Arizona, Rep. David Schweikert to prohibit the Secretary of Homeland Security from granting deferred action or otherwise suspending the effectiveness or enforcement of the immigration laws. Another political maneuvering.

06/19/2012: House Bill to Block Obama Administration's Prosecutorial Discretion Against Certain Illegal Aliens

• Rep. Benjamin Quayle of Arizona and six other co-sponsors introduced H.R.5953 in the House yesterday to prohibit the implementation of certain policies regarding the exercise of prosecutorial discretion by the Secretary of Homeland Security. No one suprised with such political maneuvering.

06/19/2012: Senator Rubio Should not Halt his Plan to Introduce a Watered Down DREAM Bill Quickly

• Obama Administration's launch of a new policy of "Deferred Action" for DREAMERS is considered a huge punch and knock-out of Senator Rubio's plan to introduce his watered-down DREAM bill. It also marked an event of drastic swift of Democrats' position in Latino community from a defensive to offensive stance. It indeed was a huge blow to the Republicans. This site had repeatedly urged Senator Rubio to act before this deferred action policy was announced. He had a deaf ear and is paying the price now.
• We salute the Obama Administration's timely action for the dreamers. However, truth of the matter is that it is a risky business for Dreamers to come out of closet when deferred action does not give a "legal" nonimmigrant status. Accordingly, without a legal mechanism for protection against deportation, deferred action can be lifted and they can be arrested, detained, and deported any time when the political environment changes. The announced policy is nothing new and it is an aged-old mechanism which has traditionally been embedded in the American immigration law system. The relief of deferred action in the current immigration system does not provide any protection against the deportation when the situation of the alien changes or political or legal environment changes. The real benefit of Senator Rubio proposal, as oppopsed to Rep. Rivera of Florida or the just announced Obama Administation's policy of the relief of deferred action, is legalization of the DREAMERS from an "illegal" aliens to "legal" nonimmigrant aliens. Once they are legalized as a nonimmigrant, their legal status cannot be taken away by any changes in political environment or changes in the legal system. Thus legalization of their status will give DREAMERS a legal protection against any adverse action by the government, no matter what changes they encounter in the political environment or changes in the immigration legal system. Such legal mechanism will make them to feel more comfortable to come out of the closet. Nonimmigrant status does not guarantee any permanent resident status nor path to the citizenship as they will have to go through the same path which all other "legal" nonimmigrants have to go through to attain such permanent resident or citizen status. One big difference from the deferred action relief is the "legal proection" which is guaranteed under the immigration laws.
• The announcement of deferred action relief for DREAMERS by Obama Administration should indeed give a monentum for Senator Rubio to pass his bill in that Democrats will not be able to oppose such legislation unless they take a huge risk of losing the support of Hispanic community. In this regard, time is ripe for Senator Rubio to quickly introduce his bill in the Senate and give the DREAMERS a true relief and their "dream come true." They are "illegal" not on their own volition but someone elese's act named parents. It is the parents who offended the legal system in this country and not the children. Oldies may recall Elian Gonzalez saga in the American history that raised not only the parental custody issue but more importantly this issue of foreign minors being landed on this soil without their intent or even wish to land on other soil. SENATOR RUBIO, TIME IS RIPE. THIS IS A GOLDEN OPPORTUNITY TO MAKE THE DREAM COME TRUE FOR THE DREAMERS AS WELL AS FOR YOURSELF! PRESIDENT OBAMA IS ALSO URGING CONGRESS TO PASS A TRUE DREAM BILL. National Journal reports that Americans Favor Obama's Immigration Policy 2-to-1. Please seize the moment.

06/16/2012: Reminder of Focus of Immigration Issues in President Obama's State of Union Speech

• The President brought up two primary immigration tasks for the nation in his State of Union speech. One was to push for a relief for the undocumented aliens including comprehensive immigration reform, DREAM, and farm worker relief. The other was his recognition of the nation's needs to attract and retain foreign brans. Yesterday, the President more or less kept his promise to resolve the first task, albeit partially and administratively. We admire the President's bold and courageous action. Now, we urge Mr. President not to stop there. Mr. President should now turn to the second issue. It appears that there is a concensus in the nation when it comes to the needs for policy and legislation to attract and retain foreign brains. There are many legislative bills which have been introduced and pending in both Houses to resolve this critical employment-based immigration issue. These bills have been stalled in the context of a broad national immigration reform debate including comprehensive immigration reform and DREAM. We applaud the President's recognition that under the given political landscape and environment, the issues will have to be resolved in piece-meal manner. We consider his just initiated Deferred Action relief for DREAMERS as his determination to resolve the critical immigration issues in piece-meal manners. We understand that Mr. President called the Prime Minister of India on June 14, 2012 in connection with the G-20 Summit in Los Cabos, Mexico, on June 18-19. We also understand that the two heads of the nations shared various issues of mutual interest. We hope the immigration was one of the issues which they shared. Currently, for the employment-based immigration reform bills to move ahead, Democratic legislators' support is considered very crucial. We want Mr. President to take an initiative to work with the Democratic legislators and push these bills in order to keep his promise in the State of Union speech.

06/15/2012: USCIS Updates Processing Times on 06/15/2012

• Please see our home page.

06/15/2012: L-1B Specialized Knowledge Intra-Company Transferee Petition Encountering Increased Challenges

• Multi-national corporations that need transfer of their employees from overseas to the U.S. operations are increasingly facing challenges when they file I-129L petitions. The following two materials reflect the frustration of these employers:
  • L-1B USCIS stakeholder meeting executive summary
  • Oracle
• Tough!

06/15/2012: National Journal Analysis of President's Today Action on Deferred Action and its Potential Impact on November Election

06/15/2012: DREAMERS! Read Frequestly Asked Questions on Deferred Action

• Please read the ICE's FAQ on Deferred Action relif to obtain most of answers to your questions about this relief.

06/15/2012: DREAMERS! Effective 06/15/2012, Qualified DREAMERS Eligible for "Deferred Action"

• DHS Secretary has just announced this morning that effective immediately, certain young people who were brought to the United States as young children, do not present a risk to national security or public safety, and meet several key criteria will be considered for relief from removal from the country or from entering into removal proceedings. Those who demonstrate that they meet the criteria will be eligible to receive deferred action for a period of two years, subject to renewal, and will be eligible to apply for work authorization. Spanish version of announcement.
• Under this directive, individuals who demonstrate that they meet the following criteria will be eligible for an exercise of discretion, specifically deferred action, on a case by case basis:
  • Came to the United States under the age of sixteen;
  • Have continuously resided in the United States for a least five years preceding the date of this memorandum and are present in the United States on the date of this memorandum;
  • Are currently in school, have graduated from high school, have obtained a general education development certificate, or are honorably discharged veterans of the Coast Guard or Armed Forces of the United States;
  • Have not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety;
  • Are not above the age of thirty.
• Deferred action is a relief which is in the current immigration statute, which has traditionally been granted very seldomly in cases that involve an extreme level of humanitarian sitution, in which the scale of equity heavily tips towards the positive side over the negative side in the individual's background and history. This relief does grant neither nonimmigrant nor immigrant visa status but grants employment authotization.
• This administrative relief is similar to the Rubio proposal, albeit granting no nonimmigrant visa status. Oh, Rubio, Rubio, your dream is faded away!
• Please read the full text of the Secretary's memorandum to the DHS directorates,

06/14/2012: Immigration Benefits Applications Statistics as of the End of April 2012

06/14/2012: Naturalization Applications Statistics as of the End of April 2012

06/14/2012: San Francisco BART Fire and Automatic Rescheduling of Affected Missing Interview

• Today, there was a fire in the Bay Area Rapid Transit System in San Francisco. Since some applicants might not have been able to get to the USCIS Field Office in San Francisco for the scheduled interviews, the USCIS is automatically rescheduling interviews for those affected. Read the announcement.
  

06/14/2012: House Subcommittee Hearing 06/20/2012 on Chinese Media Reprocity Act H.R. 2899

• This hearing is on I-Visa for Chinese media members. This bill was introduced 09/12/20122 in the House H.R.2899 to limit the number of the foreign media I-visas issued to state-controlled media workers from China to the number of visas issued by China to the United States nationals who are employees of the Broadcasting Board of Governors (BBG) and who seek to enter China solely to engage in such vocation. This bill also requires revocation of a sufficient number of I-visas issued to Chinese state media workers to achieve a balance with similar visas issued by China government to American BBG employees seeking entry to China. Please return to this posting to learn the details of witness testimonies and issues involved with this legislative bill.
• List of witnesses and text of testimonies:
  • Rep. Dana Rohrbacher, 46th District of Columbia
  • John Lenczowski Ph.D, President, The Institute of World Politics, Washington, D.C.
  • Nick Zahn, Asia Communications Fellow, Director of the Washington Roundtable for the Asia Pacific Press, The Heritage Foundation
  • Robert Daly, Director, Maryland China Initiative, The University of Maryland

06/14/2012: President Signed into Law Israeli E-2 Investor Visa Bill

• This bill was presented to the President on 05/31/2012 but there was no indication that the President signed it into law until yesterday or today when the signed bills were posted on the White House web site. Apparently the President signed it on 06/08/2012 but the White House failed to post it timely and only posted after 10 days. The E-2 law is now in effect and the Israeli enterpreneurs will be able to apply for the E-2 visa at the America visa posts outside of the U.S. The E-2 visa can be applied either at the American consulate or through the USCIS, if they are present in the U.S.

06/13/2012: Clarification of Reach of FY 2013 H-1B Cap and Final Receipt Date

• USCIS announcement clarifies three points:
  • Definition of "Receipt" Within the Cap: As we reported earlier, the cap filing must have been "physically" delivered to the USCIS offices of jurisdictions before the end of business day of 06/11/2012. The term "physical delivery" is a tricky term and readers are advised to go back to our earlier posting on this subject. Postmark is not enough. Any filings that arrive after June 11, 2012 will be rejected.
  • Master Cap Cases: The agency received enough Master cap H-1B petitions as of 06/07/2012. Since any master cap cases which exceed the master cap numbers were automatically taken in as part of the regular cap cases taking the cap numbers out of the regular cap pool, inasmuch as their cases were physically delivered to the agency within the business day of June 11, 2012, their cases will be counted within the cap. The announcement of reach of regular cap included such master cap cases which exceeded the 20,000 cap in the final count of the regular cap.
  • Cap announcement does not affect those who will apply for extension of their H-1B status either with the same employer or different employer since their cap number has already been taken out and counted already when they had first obtained the H-1B petition approval. Here, probably use of the term "extension" is misnomer because there could be some people whose H-1B petitions had been approved and counted but have yet to be used and yet to enter the country in a H-1B visa status or if already in the U.S. in other nonimmigrant status, change of status from other nonimmigrant status to a H-1B status based on the previously approved H-1B petition, provided that the approved H-1B petition must not have been revoked by the agency. These cases are "not subject" to the H-1B cap, but "not" exempt from H-1B cap. There has been confusion about these two terms. Even the H-1B petition forms uses the "Cap Exampt" confusingly. Under the immigration statutues, there are certain employers such as higher learning institutions, non-profit or government research entities or others which are listed in Part C. 3 of I-129 H-1B Data Collection Supplement Form that are exempt from the annual cap of H-1B by "special provisions." These are so called "Cap Exempt" cases. These Cap Exempt employers can keep filng H-1B petitions for professional workers inasmuch as they meet the threshold requirements for qualified employer and for the qualified professional as defined in these special provisions.
• Employers are advised to keep the proof of delivery safe until the Receipt Notice is received in the mail.

06/12/2012: FY 2012 PERM Statistics as of 05/30/2012

• The status of pending PERM applications at the DOL show that:
  • Analyst Review (clean cut case): 56%
  • Audt: 29%
  • Supervised Recruitment: 7%
  • Appeal: 6%
  • Sponsorship Review: 2%
• PERM Applications Received (10/01/2011-05/30/2012)
  • Total: 43,100
  • 1st Quarter: 13,300
  • 2nd Quarter: 17,700
  • 3rd Quarter: 12,100

06/12/2012: H-1B LCA Applications Statistics for FY 2012 First Half (10/01/2011-05/30/2012)

• Total Received: 278,737!
• Top Ten (10) H-1B LCA Users

Infosys	39,404
Cognizant	36,372
Syntel Consulting	35,450
Syntel	35,450
Wipro	33,654
Price Waterhouse	17,039
Patini Americas	16,985
Mphasis	13,801
Accenture	10,446
Deloitte Consulting	9,627

06/12/2012: DOL FY 2012 H-2B Temporary Labor Certification Applications Statistics (10/01/2011-05/30/2012)

• Top Ten (10) Employers:

Alpha Services	663
American Pool Enterprises	503
Superior Forestry Services	463
Bio Landscape & Maintenance	307
North American Midway Entertain	298
Southeast Woodland Services	296
Ray Cammack Shows	294
Progressive Solutions	275
Soccer Player & Coaches Training	258
Landscapes USA	249

• Top H-2B Labor Certification User State: Louisiana - 45%

06/12/2012: FY 2012 First Half (10/01/2011-05/30/2011) H-2A Agricultural Worker Temporary Labor Certification Applications Statistics

• See who the top 10 employers, which states are major users, and what occupations are involved.

06/12/2012: First Half FY 2012 Prevailing Wage Determination Statistics as of 05/30/2012

06/12/2012: H-1B Cap Reached 06/11/2012

• USCIS has announced that On June 11, 2012, it received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

06/11/2012: July 2012 Visa Bulletin

06/10/2012:Breaking News Update Not Available on 06/11/2012, Monday

• This reporter will not be available on Monday, June 11, 2012. The following important news are potentially expected to be released during the day. Readers are thus advised to check updates of these important news developments through our home page or the following links: (1) July 2012 Visa Bulletin; (2) Potential USCIS H-1B Cap Announcement; (3) President's Signing of Israeli E-2 Visa Bill into Law; (4) PERM Processing Times Update as of May 2012; (5) PERM Processing Statistics and Fact Sheet as of April 2012; (6) Marco Rubio DREAM.
• Auf wiedersehen!

06/10/2012: Open Letter to Senator Marco Rubio of Florida

• Dear Respected Senator, we realize that this is a very delicate season for any legislator to gamble by introducing such a controversial legislative bill as "DREAM" bill. For the reasons, the DREAM stakeholders have shown their respect for your courage and political leadership quality. However, as time passes by with no promised action on your part, with just floating and unconfirmed reports of information about your schedule of action "towards the end of June" or even in "late summer", if at all, the stakeholders should be very disappointed with your reported schedule of action. One wonders how this assumed or presumed schedule will work when the Congress will go into summer recess, presumeably in August, with a very limited legislative calendar before the November election, not to mention opponents's strategy to kill the bill through amendments such as elimination of birth right and e-verify permanency. Read on. Still, the DREAMERs are waiting for your political action.

06/09/2012: Bill for E-2 Nonimmigrant Visas for Israeli Nationals Awaiting President's Signature

• The Congress passed this bill and presented to the President on 05/31/2012. There is no doubt that the President will sign this bill, but pending the President's signature, the bill will not take effect as a law. Israeli investors are anxiously waiting to seek their business opportunities as investor nonimmigrants. It appears that there is a delay in President's signing of legislative bills assumedly because it has been the President's policy to give a period for the citizens to submit comments and address their oppositions, if any, before signing any bills, unless there is an exceptional circumstance. Under Article 1 of the Constitution of the United States, the President has to make a decision in 10 days, excluding Sundays, either to sign or not to sign. If the President fails to sign when the Congress is in session within the time, the bill automatically becomes a law. If the President fails to sign when the Congress is out of session, the bill automatically dies as a so-called pocket veto. Again, there is no doubt but that the President will sign it into law before coming Wednesday, June 13, 2012. But hypothetically, should the President fail to sign it before the time, since the Congress will be in session next week, the bill would become a law, no matter what. Accordingly, unless the President specificaly veto the bill, it is guaranteed that this bill will become a law by June 12, 2012. This message is posted for peace of mind for the prospective Israeli investor immigrants.
• Prospective Israeli nonimmigrant investors, please keep patience until next Monday or Tuesday to see this bill to take effect as law. Who knows? He may even sign it today, Saturday!

06/08/2012: Politico Corrects Error in Earlier Report that Sen. Grassley Lifted the Hold on H.R. 3012

• Politico has released a new report analyzing the hurdles which the startup foreign businesses currently experience because of the government's added scrutiny and denial of visas under the political environment, apparently led by such political forces as Sen. Grassley, to tighten the opportunities for small startup foreign businesses. At the end of the report, the reporter corrected error in the earlier report. This websit wants to give Politico hats up for its action. This should stop confusion in the business community and high tech foreign worker community on the issue. Thank you, Politico!

06/08/2012: Office of Foreign Labor Certifications Releases FY 2012 2nd Quarter (01/01/2012-03/31/2012) Disclosure Data

• With this data, employers and beneficiaries and stakeholders can access PERM applications or temporary labor certification applications which are in the system.

06/08/2012: Visa Bureau Released EB Demand Data to Determine Cut-Off Dates for July 2012 Visa Bulletin

• Please stay tuned to this website for the shortly published July 2012 Visa Bulletin.

06/08/2012: No Kidding - Plan Underway to Open Off-Shore Floating IT Services Business Offices Near Silicon Valley to Tackle Broken U.S. Immigration Laws for Skilled Workers

• Report indicates that a company named Blueseed plans to turn a giant cruise ship into a floating office park anchored in international waters 12 miles from Silicon Valley, providing a home for technology startups and other entrepreneurs who cannot qualify for U.S. work visas. Unfortunate but understandable development under the current broken employment-based immigration system. It remains an open question as to how certain business, particularly in Silicon Vallen, will be able to recruit highly skilled foreign workfoces after three or four days from now when the H-1B annual cap reaches. Once the FY-2013 H-1B cap is exhausted in the next three or four days, they will not be able to recruit new H-1B professional workers until October 1, 2013! It means there will be a big hole for approximately 15 months and a half. The country will return to the crisis in its history in the late 1990s when H-1B cap was exhausted in a matter of days and under the pressure of Y2K transition of the world economy and booming economy, the country was forced to enact so-called AC-21 law to plug the black hole and overcome the crisis. There is no question about that changing environment of shortage of supply of critical highly skilled foreign professional workers may add a political pressure on political leaders and Congress to pass legislation to tackle broken employment-based immigration system as witnessed by recently introduced STEM bills in both Houses, but in transition, the businesses that need such professional workers will face a challenge for their businesses to continue to thrive under the growing international competetive economy.

06/08/2012: DOL ICERT and PERM Systems Outage Alert During the Night of 06/14/2012

• These two sites will go through regular maintenance work and will remain in outage from 08:00 p.m. of 06/14/2012 (Thursday) through 06:00 a.m. of 06/15/2012 (Friday). Beware.

06/07/2012: USCIS Policy Memo of 06/06/2012 Expedite Requests of I-601 Inadmissibility Waiver Application by Individuals Outside the U.S.

• Read on.

06/07/2012: USCIS Policy Memo of 06/01/2012 on Filing of I-20 or DS-2019 for Adjudication of I-539 for F or J Nonimmigrants

• As part of its launch of ELIS procedure of filing I-539 for F, M, and J, the USCIS changes procedures of handling I-20 or DS-2019 in the filing and adjudication process. F, M, and J nonimmigrants should read and follow the procedure of submitting I-20 or DS-2019 in both paper filing of ELIS filing situation.

06/07/2012: DOL Prevailing Wage Determination Processing Times as of 05/29/2012

Type	Request Date	Status
H-1B	April	C
H-2B	May	C
PERM	April	C
	Submission Date
Redetermination	April	C
Center Director Reviews	April	C

(Note: Current means 60 days, except H-2B cases and Center Director Review cases 30 days.)

06/07/2012: Approaching Reach of FY 2013 H-1B Cap and Advisory for the Last Minute Filers

• The FY 2013 H-1B cap is likely to reach in a matter of days and the last minute filers may want to make it sure that they closely follow the USCIS instructions for acceptable filing. The first thing they will have to check is what cases can be rejected and what cases can be accepted but denied. The second situation will lead to not only denial of the petition but also lose of expensive filing fees. The two typical scenario the USCIS instructions list include claim of "cap exempt" in the petition when it is subject to cap and filing of multiple petitions by the same employer on behalf of the same employee for the same position. Please read the instruction carefully to see what other circumstances will lead to such a painful and expensive result. Otherwise, the flawed petitions will just face a rejection rather than acceptance and denial such that the petitioner does not lose the filing fees. The instruction gives the details on the rejection situations. Some of the typical examples include missing forms, missing or flawed signatures and dates, missing or flawed filing fee checks, wrong offices of the USCIS, etc. Other key points which the petitioners should keep in mind include the definition of "filing." Filing requires "physical" delivery of the petition to the "physical facilities" of the correct office without any deadly flaws which are described above. Post-mark or overnight service receipt is not enough. This raises the question of filing of the last minute petition using U.S. Express Mail. The AILA has raised and requested this issue with the USCIS very recently but the agency response was they would take a look at it. When a petition is filed by U.S. express mail, it has been practice of the some offices of the USCIS through its arrangement with the U.S. Postal Services that such express mails are kept in the postal station until they are picked up by the USCIS mail pickup truck crews. Since the agency pickup creews pick up the mails at certain time or times of a day, even if the express mail reached the postal station, it can fail to meet "timely" "filing" because it failed to reach the physical facilities of the agency. Another point for U.S. Express Mail. Because of its financial crisis, they changed delivery rules, including close-down of some processing centers. Accordingly, the petitioners must make it sure that the USCIS will deliver the package to their station in the destination postal station "overnight," rather than 2nd day. Another precaution. When the file is lost, the petitioner should have a burden of proof that the "specific" petition was delivered to the physical facility of the Service Center. In some cases, tracking number and confirmation may not constitute a proof in that it does not prove that such "specific" papers were in the package. It just proves that a package was delivered. Prudent petitioners or their legal counsels may want to print the tracking services name and tracking number on the cover letter such that they can prove that the papers in the package was such specific petition. Remember that the agency from time to time lose the files even if they have the tracking number in their record. Last but not less important is non-delivery of any mails or overnight packages during the weekend or federal holiday. Remember that federal holiday is different from national holiday!
• It is a stressul time for the employers and their legal counsels.

06/07/2012: A Conversation with Customs and Border Protection (CBP) Hosted by Ombudsman’s Office on 06/19/2012

• Every one traveling in and out of the country will have to deal with CBP officials at the port of entry. On 06/19/2012, 02:00 - 03:00 p.m. (est), the Ombudsman's office will share conversation with the CBP representive in the form of Webinar to discuss information about how foreign nationals can best prepare for travel abroad and what to expect upon return to the United States including details about primary and secondary processing, the traveler’s rights and responsibilities, and which documents control one’s status. Considering ongoing changes with primary evidence for proof of status from I-94 numbers to CBP unique admission number which is created and data-entried at the time of entry, which all other federal and state stakeholders, including SSA, DMV, etc., should use, immigrants may to attend this Webinar to learn the most up-to-date information on the admission process.

06/07/2012: A Conversation with the U.S. Immigration and Customs Enforcement (ICE) Public Advocate

• In non employment-based immigration areas, immigration enforcement, particularly late policy and practice of the stakeholder agency, ICE, is the most important areas for immigration practitioners, which are primarily local-based practices. Even though the general policy and guidance are formulated and implemented by the Headquarter of ICE in Washington, D.C., each local office in ICE and immigration court traditionally has shown a huge difference in day to day "practice."
• On March 28, 2012, the Ombudsman's office sponsored teleconference inviting ICE Public Advocate representative to share the information on ongoing policy and status of implementation of so-called "prosecutorial disretion" in various forms throughout the country. This teleconference recap does not give any information on the local practices of ICE but gives a peek review of the policy and practice of the central office of the agency.

06/06/2012: House Bi-Partisan Companion Bill, H.R. 5893, to the Senate "Startup Act 2.0," S.3217 ,Introduced in the House Today

• Report indicates that this bill, H.R. 5893, was introduced today by Republicans Michael Grimm (N.Y.), with the Republican co-sponsores Kevin Yoder (Kan.), Devin Nunes (R-Calif.) and Robert Dold (Ill.), and Democrat co-sponsors Loretta Sanchez (Calif.), Russ Carnahan (Mo.) and Jared Polis (Colo.). This bill contains elimination of per country limit to the employment-based immigration from the current immigration statute. For the details of Senate version, please read back our report of 05/23/2012.
• Please read the press release of the sponsor.

06/06/2012: CRS Report of the Potential Impact of the Presidential Elections in the United States and South Korea on the Relations Between the Two Countries.

• This report does not have a direct impact on the immigration issues for Koreans, but depending on the results of the Presidential Elections in this country and South Korea, the relations is likely to change. We have a Presidential election in November, while the President of South Korea is destined to end his presidency in the coming election this year because he cannot run for another term under the Constitution of South Korea. This report indicates that South Korea's economy and political stance have benefited from the close relationship between the President Obama and its President. Reportedly dymatics of the relations between the two countries can change depending on the results of the Presidentila election in November in this country potentially affecting the trade and immigration policies. The current United Nations Secretary General who is also a national of South Korea has also beenfited the United States in the international political landscape and strategies for this nation. Read on.

06/06/2012: 500 Employers Targeted I-9 Inspection Notices by USICE

• Report indicates that the USICE launched late last week I-9 inspection notices to 500 employers throughout the country. These employers would have already received or are expected to receive such notices in the mail shortly. The Obama Administration's immigration enforcement has been focusing on employers violating the immigration laws rather than illegal aliens. In the immigration enforcement against the illegal immigrants, they have been going after those aliens who have negative history of violating laws, particularly criminal records, rather than search of illegal aliens in general. Employers, beware.

06/06/2012: Bill for Designation of Israel as Visa Waiver Program Country on the Move

• On May 18, 2012, Rep. Brad Sherman of California introduced H.R.5850, Visa Waiver for Israel Act of 2012, in the House, co-sponsored by 20 other Congress people. This is another legislative bill that will help business and non-business Israeli traffic into the United States without visa hurdles. As readers know it, the Congress recently passed a bill allowing E-2 nonimmigrant investor visa and the Israeli investors are awaiting the President's signaure . The President is expected to sign this bill into a law very shortly.

06/05/2012: Unconfirmed Report of Sen. Grassley Having Lifted Hold on H.R. 3012

• There is unconfirmed news report that Sen. Grassley's office confirmed that Senator Grassley had lifted hold on H.R. 3012, the legislative bill to eliminate per country limit to the employment-based immigration. Stay tuned.

06/05/2012: Social Security Administration's Policy Guidance on Employment Authorization Verification of Nonimmigrants

• This checklist is in effect since May 21, 2012. Please check it out.

06/04/2012: Effective Today, 06/04/2012, USCIS Changes Filing Locations for I-601 and I-212 Applications for Applications in Other Countries

• They should be filed with a Lockbox in the U.S. which will be adjudicated by the Nebraska Service Center, except applicants residing in certain other countries such as Cuba or those under certain circumstances. For the details, please see the USCIS Interim Memo for comment on the subject.

06/04/2012: H-1B Cap Count as of 06/01/2012

• In last 7 days, the USCIS used up about 8,400. Accoringly, as we predicted it, the cap is likely to reach between 06/8/2012 and 06/15/2012.

Cap Count	Regular Cap	Master Cap	Total
06/15/2012
06/08/2012
06/01/2012	55,600	18,700	74,300
05/25/2012	48,400	17,500	65,900
05/18/2012	42,000	16,000	58,000
05/11/2012	36,700	14,800	51,500
05/04/2012	32,000	13,300	45,300
04/27/2012	29,200	12,300	41,500
04/20/2012	25,000	10,900	35,900
04/13/2012	20,600	9,700	30,300
04/09/2012	17,400	8,200	25,600

06/04/2012: STEM OPT - Important Resources for R&D for Leading Higher Learning Institutions

• Report indicates that the primary employers hiring STEM OPT F-1 students are the leading academic institutions rather than foreign consulting firms or profit buisnesses. Foreign consulting firms and private businesses heavily rely on H-1B and L-1 nonimmigrant visas to meet the demands for these high-level foreign professional workers. It means that Senator Grassley touched very sensitive segments of this country, potentially antagonizing these institutions and taking a high risk of potential counter attack from these powerful institutions. Why did he gamble?

06/02/2012: Helpful Information for Immigration Stakeholders on USCIS Fraud Detection and National Security (FDNS) Function

• The FDNS is a Directorate of the USCIS organizational structure that undertakes detection and investigation of immigration frauds and national security in the visa, immigration, and naturaralization benefits proceedings. Importance of FDNS activities has come to surface lately in the immigration community in connection with the FDNS' employment site visits for the investigation. However, site visit is a small part of the FDNS's function. More important function is supporting immigration and visa stakeholder agencies adjudication of visa and immigration benefits applications.
• According to the AILA's recent report, the mission has been undertaken in the following manner:
  • FDNS is located on site at every USCIS district office and Service Center as well as the State Department's National Visa Center and the Kentucky Consular Center.
  • There are 800 employees as of FY 2012 (over the eight years, it has grown from 4 to 800, reflecting the agency's growing focus on visa and immigration integrity and national security issues).
  • Site visits in FY 2011: Total of 23,204 for H-1Bs (15,648) and for religious workers.
  • FDNS is involved in transformation (online filing sytem: ELIS) program
• Readers, don't try to be too smart. They will get ya!

06/02/2012: Good Review and Comparison of Various Late Legislative Proposals for DREAMERs

• Sen. Rubio's press release of his idea on his bill has so far received most media attention, but since he started publicizing his watered-down DREAM outline, there have been introduced in the House several another watered-down DREAM bills. Currently, the public is confused about the differences among these bills, not to mention the original Sen. Durbin's DREAM bill, Sen. Rubio's upcoming bill. The Immigration Policy Council released on 06/01/2012 a good review and comparison of these pending bills as well as yet to be introduced Rubio proposal. DREAMERs and their supporters may want to read this article to learn strenths and weaknesses of each of these bills and proposals. Good weekend reading material. Here it is.

06/01/2012: NSC and TSC Change e-Filing I-140 Petition Processing and Adjudication Jurisdictions

• Nebraska Service Center newsletter indicates that effective May 1, 2012, the routing of e-Filed I-140s changed. Effective May 1, 2012, e- Filed I-140 petitions are distributed in the same manner as the paper filings, with the Service Center having jurisdiction over the location of the beneficiary’s (worker's) employment receiving and adjudicating the file. Accordingly, the employers who make e-filing of I-140 petitions should review their e-Filing
  confirmation receipt carefully to make it sure that the supporting documentation is mailed to the correct Service Center. Until this change was made, some of the employers on purpose e-filed I-140 petitions because all the e-filed I-140 petitions were adjudicated by the Texas Service Center regardless of the location of the worksite on the assumption that the Texas Service Center was somewhat liberal in the standards and either e-inquiry or fax inquiry was more opened to the e-filed employers. This change of processing jurisdiction of e-filed I-140 takes away any assumed advantage of e-filing of I-140 petition over the paper-filing of I-140 petition. Beware.

06/01/2012: Sen. Chuck Grassley Launches Attack Against 29-Month OPT Program Requesting the U.S. Controller General to Investigage Abuse of the Program

• On 05/31/2012, Senator Chuck Grassley of Iowa sent a letter to the Controller General of the GAO of the U.S. Government requesting to investigate the current 29-month F-1 student OPT program. Two of the grounds for the request for investigation appear to focus on the instance of a Pakistani national who attempted a terroristic bomb in Town Square, New York who was one time in the OPT status, and the 29-month OPT program practically expands the number of skilled foreign workers available undermining the annual cap of H-1B visa program which he is troubled with. Please read the full text of this letter.
• It is not clear as to what has motivated the Senator to initiate the investigation request, but it may have something to do with the late Obama Administration's launch of administrative fix of broken employment-based immigration by explanding availability of skilled foreign workers beyond the H-1B annual cap through expansion of so-called STEM list. STEM degree OPTs can extend their OPT beyond 12 months and upto 29 months altogether. This probably is taken by the Senator as bypassing the annual cap of H-1B professional foreign workers, which he is seriously troubled with.

06/01/2012: DOL Inspector General Seni-Annual (10/01/2011-03/31/2012) Report to Congress

• P. 26 of this report includes the report of foreign labor certification program with the results of investigation and instances of some indictment for frauds.

06/01/2012: House Bill for "Permanent" Reauthorization of the Sunsetting EB-5 Regional Center Investor Immigrant Program

• As we reportedon May 25, 2012, a similar bill was introduced in the Senate as part of S. 3245. Yesterday, Rep. Donna Christensen of Colorado introduced the House version of EB-5 Regional Center permanent reauthorization bill, H.R. 5874. Lately, EB-5 program has been receiving a full attention politically and administratively. The USCIS has been promoting this program in full court pressing lately.

06/01/2012: Israeli E-2 Visa Bill Presented to the President for his Signature

• This bill was presented to the President yesterday. He is expected to sign it into a law promptly.

05/31/2012: USCIS Schedules a Series of ELIS Webinars for Stakeholders in June Thru July

• As the USCIS is anticipated to move onto the online filing system (ELIS) gradually from hereon, the immigration stakeholders, including immigrants and sponsors, may want to familialize themselves with the ELIS by participating in these webinars. For the details, please click here.

05/31/2012: Rep. David Rivera of Florida Introduces STARS Act (Different Name of Watered-Down DREAM) in the House

• Another Hispanic Congressman from Florida introduced yesterday H.R. 5869 "Studying Towards Adjusted Residency Status (STARS) Act" bill in the House to cancel (waive) removal (deportation) of certain undocumented aliens who entered the country as children. The full text of this bill yet to be made available, but this bill apparently proposes to cancel removability and give certain nonimmigrant visa status for five years to those undocumented aliens who had entered the country as children so that they can go to college or university, and once they graduate from a college, their five-year limit nonimmigrant status be extended such that they could pursue permanent resident status legally just like any other nonimmigrants. This sounds very similar to the yet-to-be introduced Rubio bill in the Senate. One difference appears to be Rubio's requirement for attendance in college or military as requirement and apparent permission to work as a nonimmigrant. Reportedly, this Congressman discussed his proposal with Senator Rubio before it was introduced in the House. Reportedly, Sen. Rubio will not introduce his bill in the Senate until the end of this summer.
• Well, they should be experts in the legislative and political process in this country, but to lay people, something does not add up with their calculators.

05/30/2012: H-1B Cap Count as of 05/25/2012 [Revised]

• Wow, cap number started running out more than 6,000 a week during this period. If this pace should continue, our prediction turns out to be a little bit "liberal" and the cap may reach the cap counts between 06/08/2012 and 06/15/2012 in our table below. This trend will present a serious problem for the employers to fill the needs of high tech employees for almost over 15 months after the cap reaches in middle or later part of June 2012! This is particularly troublesome considering the fact that the country's economy may continuously improve and recover from the recession during the period with higher rate of demand for these foreign professional workers.

05/30/2012: H-1B Cap Count Trend and Prediction of Reach of Cap [Corrected]

• The USCIS has been reporting H-1B cap weekly by regular cap and master cap. However, as the master cap approaches the cap soon, the total cap count gives a better picture of actual time frame of reach of the H-1B cap count rather than two separate count betweeen regular cap and master cap. In determining the final cap reach date, the USCIS will use this year's available cap number excluding Chile and Singapore special numbers, which is 78,200 PLUS last year's unused Chile and Singapore Cap numbers, which could be around 5,800 to 6,000. Thus total available cap numbers for this year will be again close to 84,000 or 85,000 plus or minus figures. Until now, the total cap number has been reduced at the rate of approximately 6,000 a week. Should this trend continue, the cap will reach in about three to four weeks from 05/18/2012, which will be the last cap count period in the following table. Accordingly, we predict that the FY 2013 H-1B cap may reach most likely around the middle of June 2012 or earlier. We will keep updating the following table.

Cap Count	Regular Cap	Master Cap	Total
06/15/2012
06/08/2012
06/01/2012
05/25/2012	48,400	17,500	65,900
05/18/2012	42,000	16,000	58,000
05/11/2012	36,700	14,800	51,500
05/04/2012	32,000	13,300	45,300
04/27/2012	29,200	12,300	41,500
04/20/2012	25,000	10,900	35,900
04/13/2012	20,600	9,700	30,300
04/09/2012	17,400	8,200	25,600

05/30/2012: Office of Foreign Labor Certifications Updated Frequently Asked Questions on PERM and also Issued an Alert for iCERT System Outage for 15 Minutes Tomorrow Morning

• Yesterday, the OFLC updated the following two FAQs:
  • Experience requirement for a fraction of a year: In filing the PERM, if employer requires a fraction of a year in experience requirement, the system does not accept it to proceed with filing at this time. Accordingly, OFLC suggests to round up or down the fraction (for instance, round up of 1,75 to 2 and round down of 1.5 to 1) and give the actual fraction figures in Item H-14 with explanation. For this FAQ update, go to "Job Requirements/Dates" item in the FAQ.
  • When employer uses 3rd party software, such as commercial immigration software system, the employer should make it sure that the 3rd party software online filing system is technically in line with the OFLC PERM online filing system. Otherwise, the employer will experience a problem in filing PERM and obtaining certification of PERM when they use 3rd part software to filing the application. For details, go to "Filing-How to File" item in the FAQ.
• Tomorrw morning, iCERT portal will be down for 15 minutes between 08:00 a.m. and 08:15 a.m. (EST) for routine maintenance. Fifteen minutes outage should not be a big deal. We hope that something good will come out of the routine maintenance job. For instance, currently the OFLC is slightly experiencing delays in release of the PERM Processing Times update and and PERM Fact for April 2012. Delay of such release usually brings with it processing times delay because of the different cut-off dates of the release of the processing time report. Stay tuned.

05/30/2012: House Immigration Subcommittee Hearing on H.R. 2831 Revoking Permanent Resident Status for Cubans Returning to Cuba Before Attaining U.S. Citizenship

• This bill was introduced on 08/31/2011 by Rep. David Rivera of Florida that will affect the cuban immigrants seriously. The bill provides that an alien shall be ineligible for adjustment of status under this section if the alien returns to Cuba after admission or parole into the United States. The Secretary of Homeland Security shall rescind the status of an alien who obtained adjustment of status under this section if the alien returns to Cuba before being admitted to citizenship in accordance with title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), and the alien shall thereafter be subject to all the provisions of such Act to the same extent as if the adjustment of status had not been made. There are a large number of cuban refugees and immigrants in the state. The House Judiciary Immigration Subcommittee will open a hearing tomorrow to hear pro and cons for this bill.
• Witness List:
  • Rep. David Rivera, 25th District of Florida
  • Juan Carlos Gómez, Director of Carlos A. Costa Immigration and Human Rights Clinic, Florida International University College of Law
  • Mauricio Claver-Carone, Executive Director of Cuba Democracy Advocates, Inc., Washington, D.C.
  • Tomas Bilbao, Executive Director of Cuba Study Group, Washington, D.C.

05/29/2012: Only Two Months Left for Active Legislative Sessions Before November Election

• When the Congress returns next Monday, it will have a very tight legislative schedules before it goes into the summer recess in August, followed by an extra recess in October for preparation of national election in November. Lately, Republicans have been active in introducing piece-meal immigration reform bills, mostly employment-based. In June, Rubio, another Republican, is likely to introduce his DREAM bill in the Senate. It has thus turned out that when it comes immigration reform legislations, Republicans have been active, while the Democrats have remained in low key. It is an open question whether the Democrats will introduce Comprehensive Immigration Reform bill or their version of DREAM bill during the period. At this time, it is very doubtful. What are then the chances for these lately introduced piece-meal immigration bills before the summer break? It remains everybody's guess. Ticking clock will be the number one road block for the fate of these bills, especially during the national election season. Close reading of all the STEM bills will reflect that there are controvertial parts which are incorporated into the bills, which not all legislators will be able to swallow. Not an easy season for these types of legislative bills to make it through successfully.
• What about Senator Leahy's bill to make permanent the four sunsetting laws? This is not the first time this legislation was introduced. The senator had the record of introducing this bill every three years lately. What has been a problem? Readers can guess why Senator Grassley co-sponsored this bill. But E-Verify program has been a powerful brake to potential passage of this bill. The stake is not too high with this bill, though, because these four programs are likely extended for the next three years, probably in the form of attachments to the continuing resolution to fund the federal government beyond October 1, 2012.
• Let's wait and see what kind of "immigration" circus both parties will play during the next two months.

05/29/2012: Characteristics of H-1B Workers FY-2011 (10/01/2010-09/30/2011)

• This is the USCIS annual report to the Congress which is dated March 2012. This report gives the details of H-1B nonimmigrants during the period of time. It shows that 58% of H-1B was taken by the citizens of India, followed by 8.5% by Chinese, 3.5% by Canadians, 2.8% by Philippinos, and 2.5% by South Koreans. The professionals of these five countries represented 75.3% of the whole H-1B workers!

05/29/2012: USCIS International Operations-AILA Meeting Q&A of 02/09/2012

• This Q&A gives good information on USCIS I-601 and other matters at overseas operations.

05/29/2012: USCIS National Quarterly Stakeholder Meeting Q&A of 12/07/2012

• This Q&A gives the details of ELIS, particularly for students. Students are encouraged to go over this Q&A.

05/29/2012: Filing of I-130 at Visa Posts by Petitioners Present in Foreign Countries No Longer Automatically Available with a Few Exceptions

• The USCIS memorandum which was dated on 05/15/2012 and published on 05/25/2012 indicates that unless the previous procedures, the petitioners who are present in a foreign country can no longer file I-130 petitionw in the foreign country unless there is located a USCIS international office in the location. Otherwise, their I-130 petitions must be filed with the designated USCIS Lockbox in the United States by mail.
• American Consulate and Embassy can take and accept such I-130 petitions only with prior consent by the USCIS in certain circumstances including, but not limited to, the following situations:
  • Military emergencies: A U.S. service member abroad becomes aware of a new deployment or
    transfer with very little notice. This exception applies in cases where the US service member is
    provided with exceptionally less notice than would normally be expected by most service
    members in his or her position.
  • Medical emergencies: A petitioner or beneficiary is facing an urgent medical emergency that
    requires immediate travel. This includes the situation where a petitioner or beneficiary is
    pregnant and delaying travel may create a medical risk or extreme hardship for the mother or
    child.
  • hreats to personal safety: A petitioner or beneficiary is facing an imminent threat to personal
    safety.
  • Close to aging out: A beneficiary is within a few months of aging out of eligibility.
  • Petitioner has recently naturalized: A petitioner and family member(s) have traveled for the
    immigrant visa interview, but the petitioner has naturalized and the family member(s) requires a
    new, stand-alone petition.
  • Adoption of a child: A petitioner who has adopted a child locally and has an imminent need to
    depart the country. This exception should only be considered if the child has been in the
    petitioner¡¦s legal and physical custody for at least two years and the petitioner has a full and final
    adoption decree on behalf of the child.
  • Short notice of position relocation: A U.S. Citizen petitioner, living and working abroad, who
    receives a job relocation within the same company or subsidiary to the United States, or an offer
    of a new job in the United States with very little notice.
• Such petitioners located in foreign countries should read the memorandum.

05/25/2012: Bill Introduced in the Senate to Make "Permanent" Sunsetting (1)EB-5, (2)E-Verify, (3)Non-Minister Religious Worker Immigration, and (4)Conrad 30 IMG Programs

• Yesterday, the Chairman of the Senate Judiciary Committee, Sen. Patrick Leahy introduced on the Seante floor S.3245 to permanently reauthorize the EB-5 Regional Center Program, the E-Verify Program, the Special Immigrant Nonminister Religious Worker Program, and the Conrad State 30 J-1 Visa Waiver Program for International Medical Graduates. THIS BILL IS CO-SPONSORED BY SENATOR CHUCK GRASSLEY!!! Lord, Mercy, Praise the Lord! Halleluiah! Amen.
• The current laws for these four programs are destined to sunset on September 30, 2012. This bill is proposing to make these programs permanent rather than extension of the programs. Either this bill or other bill to extend this program must pass the Congress before the law sunsets on 09/30/2012.
• Floor statement of Sen. Leahy:
  • The bill we introduce will permanently authorize the EB 5 Regional Center Program, the voluntary E-Verify electronic work authorization program, the State 30 J 1 Visa program that Senator Conrad champions and the Special Immigrant Nonminister Religious Worker Program that is so important to Senator Hatch. All of these programs have been in temporary status for many years, and the time has come for Congress to make them permanent so that the proponents of these programs can get to work building upon the benefits these programs bring to communities across the country. Permanency for these programs will strengthen our economy, create jobs, and enhance the security of American workers. Permanency will help medically underserved areas obtain talented physicians and religious institutions welcome individuals from around the world to participate in good works. These programs serve diverse and important interests in America, and should become permanent fixtures in our immigration law. I am particularly pleased that the EB 5 Regional Center Program is a part of this package. With permanency, I believe this program can become an even greater economic driver than it has been in communities across the United States. Making the program permanent will also create a solid foundation for me and others interested in its success to begin in earnest to make improvements and reforms that will make it more business friendly, more predictable and stable for investors, and will provide U.S. Citizenship and Immigration Services with the tools it needs to ensure that the program meets the highest standards of quality and integrity. There is little reason that this program should not continue to improve as a deficit-neutral source of capital investment and job creation across America.
• Full Text of the bill:
  • SECTION 1. PERMANENT REAUTHORIZATION OF EB 5 REGIONAL CENTER PROGRAM.
  • Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended--
    • (1) by striking ``pilot'' each place such term appears; and
    • (2) in subsection (b), by striking ``until September 30, 2012''.
  • SEC. 2. PERMANENT REAUTHORIZATION OF E VERIFY.
    • (a) In General.--Section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
    • (1) in subsection (a), by striking ``pilot'';
    • (2) in subsection (b)--
    • (A) by striking ``the pilot programs'' and inserting ``the programs required under this subtitle''; and
    • (B) by striking ``Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2012.''; and
    • (3) in subsection (d)--
    • (A) by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (1), (5), (2), (3), (7), and (6), respectively; and
    • (B) by amending paragraph (4), as redesignated, to read as follows:
    • ``(4) PROGRAM.--The term `program' means any of the 3 programs provided for under this subtitle.''.
    • (b) Conforming Amendments.--Subtitle A of title IV of division C of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
    • (1) in section 402, by striking ``pilot'' each place such term appears; and
    • (2) in section 403(a)(2)--
    • (A) in subparagraph (A), by amending clause (i) to read as follows:
    • ``(i) A document referred to in section 274A(b)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)(ii)) shall be designated by the Secretary of Homeland Security as suitable for the purpose of identification in a program provided for under this subtitle.''; and
    • (B) in subparagraph (B), by striking ``pilot''.
  • SEC. 3. PERMANENT REAUTHORIZATION OF SPECIAL IMMIGRANT NONMINISTER RELIGIOUS WORKER PROGRAM.
    • Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended--
    • (1) in subclause (II), by striking ``before September 30, 2012,''; and
    • (2) in subclause (III), by striking ``before September 30, 2012,''.
  • SEC. 4. PERMANENT REAUTHORIZATION OF CONRAD STATE 30 J 1 VISA WAIVER PROGRAM.
    • Section 220(c) of the Immigration and Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 note) is amended by striking ``and before September 30, 2012''.

05/25/2012: Senate Passed Yesterday Israeli E-2 Visa Legislation by Unanimous Consent

• Yesterday, the Senate passed H.R.3992 that will allow otherwise eligible Israeli nationals to receive E-2 nonimmigrant visas if similarly situated United States nationals are eligible for similar nonimmigrant status in Israel. This bill was sponsored by Rep. Howard Berman of California and Senate passed the House bill without amendment. Accordingly, upon the President's signature, this will become a law and certain Israelis will be able to come to the U.S. on a nonimmigrant investor visa status to run a business.
• The U.S. has entered into treaties of commerce containing language similar to the E-2 visas since at least 1815, when we entered into a Convention to Regulate Commerce with the United Kingdom. Currently, the nationals of more than 75 countries are eligible for E-2 status, including Albania, Argentina, Armenia, Australia, Austria, Azerbaijan, Bahrain, Bangladesh, Belgium, Bolivia, Bosnia & Herzegovina, Bulgaria, Cameroon, Canada, Chile, Taiwan, Columbia, Congo (Brazzaville), Congo (Kinshasa), Costa Rica, Croatia, Czech Republic, Denmark, Ecuador, Egypt, Estonia, Ethiopia, Finland, France, Georgia, Germany, Grenada, Honduras, Iran, Ireland, Italy, Jamaica, Japan, Jordan, Kazakhstan, South Korea, Kyrgyzstan, Latvia, Liberia, Lithuania, Luxembourg, Macedonia, Mexico, Moldova, Mongolia, Morocco, the Netherlands, Norway, Oman, Pakistan, Panama, Paraguay, the Philippines, Poland, Romania, Senegal, Singapore, the Slovak Republic, Slovenia, Spain, Sri Lanka, Suriname, Sweden, Switzerland, Thailand, Togo, Trinidad & Tobago, Tunisia, Turkey, the Ukraine and the United Kingdom. In the past, countries became eligible for the E-2 program through treaties signed with the U.S. However, in 2003 the Judiciary Committee reached an understanding with the U.S. Trade Representative (USTR) that no immigration provisions were to be included in future trade agreements. Thus, henceforth, legislation would be required to add countries to the E-2 program. In 2005, Chairman Sensenbrenner introduced legislation (H.R. 3647) to make Denmark eligible for the E-2 program. The Judiciary Committee passed the bill by voice vote, as did the House. The Senate never acted. However, in 2008, the USTR agreed to add Denmark to the E-2 program based on a treaty signed before the agreement between USTR and the Judiciary Committee was reached. This new law will add Israel to the E-2 program (Israelis are already eligible for `E-1' (treaty trader) visas pursuant to a 1954 treaty).
• Congratulation should be due to Israeli business investors!
  

05/24/2012: Full Text of Three Recent Senate STEM Bills Now Accessible

• S. 3217 Startup Act 2.0, Sen. Moran's STEM legislation with elimination of employment-based immigration per country limits
• S. 3192 Smart Jobs Act, Sens. Alexander and Coons STEM bill
• S. 3835 Star Act of 2012 Sen. Cornyn's STEM bill with elimination of diversity immigration.