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Welcome to the Immigration News section of www.bashyamspiro.com. This is where you will find the latest updates on Immigration news, laws and procedures.
This site is set-up as a blog so that readers can post comments or ask questions about an immigration article. To post a comment, please hit the ‘comment’ link. Blogs are useful for you to pass on information that would be helpful to others. If you have a question on an article, please post it and one of our attorneys will respond.
To stay abreast of the latest immigration news, subscribe to our free e-newsletter Immigration News Weekly. You can sign up at THIS LINK.
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| Sunday, January 13, 2008 |
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DOS Releases February 2008 Visa Bulletin
By admin @ 12:48 PM :: 289 Views ::
0 Comments :: News, Visa Bulletin
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The United States Department of State (DOS) released its February 2008 Visa Bulletin. As we predicted in a recent issue of our Immigration News Weekly, the Employment-Based Second Preference Category (EB2) for Indian nationals has become ‘unavailable’. That means the demand for this category has exceeded the supply of immigrant visas available for this fiscal year.
To view the entire February Visa Bulletin, please go toTHIS LINK and click on State Department Visa Bulletin.
We will discuss the February Visa Bulletin and the ramifications of EB2 unavailability for Indian nationals in the next issue of our Immigration News Weekly.
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| Tuesday, January 08, 2008 |
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USCIS Reaches H-2B Cap for Second Half of Fiscal Year 2008
By admin @ 11:47 AM :: 263 Views ::
0 Comments :: News, H2B Visas
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U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of petitions to reach the congressionally mandated H-2B cap for the second half of Fiscal Year 2008 (FY2008). USCIS said that January 2, 2008 is the “final receipt date” for new H-2B worker petitions requesting employment start dates prior to October 1, 2008. The “final receipt date” is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 33,000 H-2B workers for the second half of FY2008. USCIS will reject petitions for new H-2B workers seeking employment start dates prior to October 1, 2008 that arrive after January 2, 2008.
USCIS will apply a computer-generated random selection process to all petitions which are subject to the cap and were received on January 2, 2008. USCIS will use this process to select the number of petitions needed to meet the cap. USCIS will reject, and return the fee, for all cap-subject petitions not randomly selected.
Petitions for workers who are currently in H-2B status do not count towards the congressionally mandated bi-annual H-2B cap. USCIS will continue to process petitions filed to:
· Extend the stay of a current H-2B worker in the United States;
· Change the terms of employment for current H-2B workers and extend their stay; or
· Allow current H-2B workers to change or add employers and extend their stay.
We will provide more information about the H-2B cap and program when it becomes available.
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| Tuesday, January 08, 2008 |
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USCIS Extends Suspension of Premium Processing for R-1 Religious Workers
By admin @ 11:41 AM :: 265 Views ::
0 Comments :: News, Religious Workers
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U.S. Citizenship and Immigration Services (USCIS) announced that the suspension of premium processing services for religious worker (R-1) visa petitions will be extended until July 8, 2008. A previous six-month suspension was announced on June 18, 2007.
The Premium Processing Service provides faster processing of certain employment-based petitions and guarantees a 15-calendar day processing time. Due to the complexities with adjudicating R-1 visa petitions, USCIS said that they cannot reasonably ensure a level of processing service within 15 calendar days.
On April 25, 2007, USCIS proposed significant revisions to its regulations related to the special immigrant and nonimmigrant (R-1) religious worker visa classifications. USCIS is currently considering comments on the proposed rule and promulgating the final rule. The proposed rule suggested steps to eliminate fraud in the religious worker program and discusses concerns addressed in an August 2005 Benefit Fraud Assessment conducted by USCIS’ Office of Fraud Detection and National Security. That assessment revealed potential vulnerabilities in the religious worker program.
USCIS will continue processing R-1 visa petitions which include already-established procedures designed to ensure the legitimacy of the petitioner and statements made in the petition. The procedures may include inspections, evaluations, verifications and compliance reviews for religious organizations - procedures that exceed the 15-day guarantee for premium processing.
In the future, if USCIS is able to properly process these cases within 15 calendar days of receipt, the Petition for a Nonimmigrant Worker (Form I-129) requesting R-1 nonimmigrant visa classification may once again be available for premium processing services. Additionally, USCIS may prescribe additional conditions of availability on the Premium Processing Service for religious worker petitions. We will keep you posted on this issue as additional information becomes available.
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| Tuesday, January 08, 2008 |
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Priority Dates, Immigrant Visa Availability - What Does It All Mean?
By admin @ 4:28 AM :: 1615 Views ::
21 Comments ::  :: News, Labor Certification (PERM), Visa Bulletin, I-140 Petitions, I-485 Adjustment of Status
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Having been immigration lawyers for over a decade, we have provided advice to thousands of immigrants on a variety of immigration matters. One of the most difficult areas of immigration law to explain to an intending immigrant is the concept of priority dates and immigrant visa numbers. If you have had a consultation with a lawyer on obtaining permanent residency, you may have heard a lawyer say, "you have to wait until an immigrant visa number is available and your priority date becomes current." That sounds nice, but what do all of those words mean?
A 'priority date' is the date a labor certification or immigrant petition (I-140 or I-130) is filed on your behalf. The date the case is received by the government agency is your priority date. For example, if you are an employee of Corporation Inc. and they file a labor certification for you that is received by the Department of Labor on January 11, 2008, that becomes your priority date for the rest of your case. If a labor certification is not needed for your case, the date an I-140 Immigrant Petition for Alien Worker is filed on your behalf is the priority date. In the family immigration context, if you are a U.S. permanent resident and you file an I-130 Petition for Alien Relative for your spouse in Russia on January 10, 2008, that date becomes your spouse's priority date. These are just a few examples of how a priority date can be set for an intending immigrant.
An 'immigrant visa' is the legal term for permanent residency or "green card". The U.S. government created per-country limits on immigrant visa or permanent residency availability. There is a maximum number of family-based and employment-based immigrant visas that can be issued to citizens of each country in a fiscal year. If the demand for immigrant visas exceeds the numbers allotted for a country in that year, an immigrant visa would be 'unavailable'.
So what does an 'immigrant visa' have to do with a 'priority date?' The Department of State issues a Visa Bulletin every month that provides the date of immigrant visa availability for all employment and family-based preference categories. If an intending immigrant has a priority date that is on or before the date listed in the Visa Bulletin for his/her preference category and nationality, then a visa is available for that person. An available visa would allow the applicant to apply for an I-485 adjustment of status or initiate consular processing of their residency application outside the United States.
For example, Corporation Inc. files a labor certification on your behalf on January 10, 2008 and it was received by the Department of Labor on January 11, 2008. That is your priority date. Your labor certification was then approved on June 15, 2008. Your employer can file an I-140 Immigrant Petition for Alien Worker on your behalf once the labor certification is approved. However, whether or not you can file an I-485 Adjustment of Status Application depends on whether an immigrant visa is available to you. You would need to look at the Department of State Visa Bulletin for June, check the priority dates for your preference category and country, and see if your priority date is on or before that date. If so, you can go ahead and file the I-485 adjustment because a visa number is available. If your priority date is later than the date in the Visa Bulletin for your preference category, you will have to check the Visa Bulletin in each of the subsequent months to see if the date has changed. Only if an immigrant visa is available based on your priority date can your residency case move forward to completion.
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| Wednesday, January 02, 2008 |
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News Bits and Upcoming Events in 2008
By admin @ 7:59 AM :: 186 Views ::
0 Comments :: News, Other
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To read the USCIS application and receipting update as of December 14, 2007, please go to THIS LINK.
On January 1, 2008, the fee to apply for any non-immigrant visa to enter the United States, including tourist, business, student and other visas, will increase to $131 world-wide. This increase will also apply to Border Crossing Cards. To read more, please go to THIS LINK.
The Department of Labor Backlog Elimination Center issued Round 8 of its Frequently Asked Questions (FAQ). To read the entire FAQ, please go to THIS LINK.
Speaking of labor certifications, the PERM system started relatively smoothly but it looks like the Department of Labor is starting to change the rules in the middle of the game. As a result, it is important that law firms and employers adapt accordingly, and that expectations are realistic given this ever-evolving process.
Our firm will be holding a series of seminars in early 2008 that will address various PERM-related issues. The first seminar will be on the PERM recruitment process - what do employers have to do, who has to be interviewed, and what needs to be documented. We will most likely have video-conferencing capability for our clients and readers in other parts of the United States. We will provide more detailed information on this seminar in January, but if this sounds interesting to you let us know by sending us an email to info@bashyamspiro.com. We would love to hear if you have any suggestions for future topics as well.
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| Tuesday, January 01, 2008 |
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Travelers Reminded of New Document Requirements Beginning January 31, 2008
By admin @ 7:35 AM :: 222 Views ::
0 Comments :: News, Other
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As of Jan. 31, 2008, all adult travelers will be required to present proof of citizenship, such as a birth certificate, and proof of identity, such as a driver’s license, when entering the United States through land and sea ports of entry.
Currently, U.S. Customs and Border Protection (CBP) officers may accept oral declarations of citizenship from U.S. and Canadian citizens seeking entry into the United States through a land or sea border. However, as of January 31, 2008:
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Oral declarations of citizenship alone will no longer be accepted
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U.S. and Canadian citizens ages 19 and older will need to present a government-issued photo ID, such as a driver’s license, along with proof of citizenship, such as a birth certificate or naturalization certificate
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Children ages 18 and under will only be required to present proof of citizenship, such as a birth certificate
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Passports and trusted traveler program cards - NEXUS, SENTRI and FAST - will continue to be accepted for cross-border travel
All existing nonimmigrant visa and passport requirements will remain in effect and will not be altered by this change.
DOS reminds the public that the current turnaround time for a passport is four to six weeks, so Americans planning international travel may wish to apply now. For information on obtaining a U.S. Passport visit THIS LINK or call 1-877-487-2778.
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| Monday, December 31, 2007 |
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Immigration in 2007 - Gas Prices Went Up, Priority Dates Went Down
By admin @ 7:55 AM :: 237 Views ::
0 Comments :: News, Other
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It was an interesting year in the world of immigration. In April, we had over 130,000 H1B applications filed for less than 65,000 H1B cap numbers. That showed how much our economy depended on and needed professional workers from overseas. Then the Department of Labor issued a Visa Bulletin that showed the first three employment-based categories as being current, only to revoke it a short time later. Of course, they then reinstated that Visa Bulletin and hundreds of thousands of immigrants were finally able to file their adjustment of status applications and obtain Employment Authorization Documents. And finally, after months and months of debate on illegal immigration and employer sanctions for hiring illegal workers, our government failed to pass a bill on comprehensive immigration reform. This shattered the hopes of millions of immigrants who hoped to legalize their status, as well as the hopes of employers who wanted more H1B numbers and immigrants who wished for reform in our outdated and ineffective immigrant visa number system. That was 2007 - a tough year for immigration but one that had some bright spots as well.
As we move forward into 2008, we need to continue to press our government to change the things that caused problems in the past. We need more H1B and immigrant visa numbers. We linked to the January 2008 Visa Bulletin in our last newsletter, which showed that employment-based category two (EB-2, which applies to advanced degree professionals and aliens of exceptional ability) for Indian Nationals had retrogressed to 2000, even further back than employment-based category three (EB-3, which applies to other professionals and skilled workers)! The EB-2 category is even expected to become ‘unavailable’ in the coming months. This would delay decisions on adjustment of status applications indefinitely. Our country cannot continue to keep our companies at a competitive disadvantage with their counterparts in other parts of the world, nor should it tolerate a system where a hard-working immigrant who ‘plays by the rules’ is kept in limbo for many, many years. With all of our advances in science and technology, the United States ought to have a system where immigration applications are processed quickly and efficiently. This will be the challenge in 2008 - to persuade your U.S. Representatives and Senators that the immigration system needs to change. Without your voice being heard, changes that help businesses and foreign workers are unlikely to happen. We here at BSE Immigration Law Group will continue to keep you updated on legislative news in 2008, as well as work tirelessly to help make change happen.
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| Monday, December 17, 2007 |
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USCIS Revises Filing Instructions for Form I-130 (Immigrant Petition for Alien Relative)
By admin @ 7:45 AM :: 246 Views ::
0 Comments :: News, Family Immigration
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U.S. Citizenship and Immigration Services (USCIS) revised the filing instructions for the Petition for Alien Relative (Form I-130). Effective December 3, 2007, all applicants filing stand-alone Form I-130s are encouraged to file their petitions with the Chicago Lockbox instead of a USCIS Service Center.
Petitions filed with the Chicago Lockbox will be routed to, and adjudicated at, the appropriate USCIS Service Center. This routing will be based on the petitioner’s place of residence in the United States.
Two separate post office box addresses (see below) have been established that correspond to the appropriate USCIS Service Center (either Vermont or California) that will process and adjudicate the petition. Although Form I-130 will be filed with the Chicago Lockbox, petitioners will receive receipt notices from either the Vermont or California Service Center.
Applicants who reside in Alaska, Arizona, California, Colorado, Guam, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, North Dakota, Ohio, Oregon, South Dakota, Utah, Washington, Wisconsin or Wyoming are encouraged to file their stand-alone Form I-130s with the Lockbox using the following address:
USCIS
P.O. Box 804625
Chicago, IL 60680-1029
Applicants who reside in Alabama, Arkansas, Connecticut, Delaware, Florida, Georgia, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Mississippi, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Oklahoma, Pennsylvania, Puerto Rico, Rhode Island, South Carolina, Tennessee, Texas, Vermont, Virginia, U.S. Virgin Islands, West Virginia or District of Columbia are encouraged to file their stand-alone Form I-130 with the Lockbox using the following address:
USCIS
P.O. Box 804616
Chicago, IL 60680-1029
While the changes are effective December 3, any Form I-130 filed with the Service Center will not be rejected; it will be forwarded to the designated Chicago Lockbox. Applicants are encouraged, however, to begin using the designated Lockbox filing on the effective date in order to avoid processing delays.
The revised form and filing instructions will be available through USCIS’ Website at www.uscis.gov as soon as they are available.
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| Sunday, December 16, 2007 |
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USCIS Revises I-9 Employment Eligibility Form
By admin @ 7:41 AM :: 194 Views ::
0 Comments :: News, Other
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U.S. Citizenship and Immigration Services (USCIS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. All employers are required to complete a Form I-9 for each employee hired in the United States.
The revision seeks to achieve full compliance with the document reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which reduced the number of documents employers may accept from a newly hired employee during the employment eligibility verification process.
Key to the revision is the removal of five documents for proof of both identity and employment eligibility. They include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); Alien Registration Receipt Card (Form I-151); the unexpired Reentry Permit (Form I-327); and the unexpired Refugee Travel Document (Form I-571). The forms were removed because they lack sufficient features to help deter counterfeiting, tampering, and fraud.
Additionally, the most recent version of the Employment Authorization Document (Form I-766) was added to List A of the List of Acceptable Documents on the revised form. The revised list now includes: a U.S. passport (unexpired or expired); a Permanent Resident Card (Form I-551); an unexpired foreign passport with a temporary I-551 stamp; an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B); and an unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for nonimmigrant aliens authorized to work for a specific employer.
U.S. Citizenship and Immigration Services (USCIS) said that employers must transition to the revised Employment Eligibility Verification Form (I-9) no later than December 26, 2007. All employers are required to complete a Form I-9 for each employee hired in the United States. The new form should be used for new hires after December 26th or for employees where an I-9 reverification will take place after that date.
On November 7, USCIS announced the availability of the revised version of Form I-9 (includes the revision date – (Rev. 06/05/07)N printed on the lower right corner of the form) which is now the only version valid for use. In that November 7 announcement,USCISexplained that employers would have 30 days, beginning on the date the Federal Register notice is published, to transition to the revised form. Accordingly, effective December 26, 2007, employers who fail to use the revised form will be subject to applicable penalties.
Both the revised form and the “Handbook for Employers, Instructions for Completing the Form I-9" are available online at THIS LINK.
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| Friday, December 14, 2007 |
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DOS Releases January Visa Bulletin
By admin @ 12:30 AM :: 217 Views ::
0 Comments :: News, Visa Bulletin
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The Department of State (DOS) released its January 2008 Visa Bulletin. Of particular interest is the heavy retrogression taking place for Indian nationals in the Employment-Based Two (EB2) category. In January, EB2 will retrogress even further than Employment-Based Three (EB3) for Indians. That is the first time we have ever seen that happen! The DOS also states the following in the Visa Bulletin:
INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE RETROGRESSION FOR JANUARY - It has been necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become “unavailable” for the remainder of fiscal year 2008."
If the EB2 category becomes ‘unavailable’ for most of 2008, it would cause quite a bit of hardship for Indian national. Hopefully our government will take action next year and fix this broken system of issuing immigrant visa numbers. To view the entire Visa Bulletin, please go to THIS LINK.
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