|
|
|
|
 |
Archive for April, 2011
Thursday, April 28th, 2011
In a notice published today, April 28, 2011, the Department of Homeland Security announced the removal of all countries from the National Security Entry-Exit Registration System (NSEERS). The NSEERS program had required certain non-immigrant aliens or nationals of listed countries to comply with special registration and identification procedures.
NSEERS was implemented following the September 11, 2001 terrorist attacks. The countries listed were predominantly located in the Middle East and northern Africa. Citizens/nationals of each country were specifically required to provide photographs, fingerprints, and other documentation at the time of admission to the United States. Additional requirements included follow-up registration with Immigration and Customs Enforcement (ICE) and that the alien depart from a specified port.
Although the regulation giving rise to NSEERS will remain in place, the removal of all designated countries marks a de facto end to the program. One of DHS’s stated reasons for the removal of the countries is that NSEERS registration is redundant and inefficient, especially with the implementation of the United States Visitor and Immigrant Status Indicator Technology Program (‘‘US–VISIT’’). Under the provisions of US-VISIT, all non-resident aliens, regardless of nationality, are subject to digital photographing and biometric finger scanning.
Tags: Agency Updates
Posted in Agency Updates, Temporary Visas | Click Here To Comment »
Wednesday, April 13th, 2011
The State Department has released its May Visa Bulletin. As we predicted, India and China Eb-2 moved forward for the month:
| Employment- Based |
All Chargeability Areas Except Those Listed |
CHINA- mainland born |
INDIA |
MEXICO |
PHILIPPINES |
| 1st |
C |
C |
C |
C |
C |
| 2nd |
C |
01AUG06 |
01JUL06 |
C |
C |
| 3rd |
22AUG05 |
15APR04 |
15APR02 |
08SEP04 |
22AUG05 |
| Other Workers |
08SEP03 |
22APR03 |
15APR02 |
08SEP03 |
08SEP03 |
| 4th |
C |
C |
C |
C |
C |
| Certain Religious Workers |
C |
C |
C |
C |
C |
5th
Targeted Employment Areas/ Regional Centers and Private Programs |
C |
C |
C |
C |
C |
The State Department said it would be able to release an extra 12,000 visas for processing in EB-2 this year because of USCIS reporting low demand (and low approval rates) in EB-1. The “extra” numbers that “spill down” to EB-2 from EB-1, plus the regular ones (about 2300 each for India and China), should get the priority dates to late 2006, and perhaps to January 2007, by September of 2011. Continue to monitor the Visa Bulletin each month for updates.
Tags: Agency Updates, Green Cards, Visa Retrogression
Posted in Agency Updates, Green Cards | Click Here To Comment »
Friday, April 8th, 2011
During a conference in Washington, DC on April 8, 2011, USCIS indicated that it will be open with business as usual next week even if the U.S. federal government shuts down due to failed budget negotiations between Democrats and Republicans in Congress. USCIS is a fee-based government agency, and therefore a government shutdown should not affect the agency’s normal operations, according to USCIS. E-Verify, however, will not be operational during a government shutdown. Employers will have to plan accordingly for new hires.
U.S. Customs and Border Protection will continue to operate normally at all ports of entry and border posts because these employees are considered essential government personnel, necessary for national security. However, CBP officials at the conference indicated that CBP headquarters will have very limited operation during the shutdown.
Additionally, officials at the conference indicated that the U.S. Department of Labor could be subject to a potential shutdown, potentially disrupting Labor Condition Application (LCA) filings and Applications for Permanent Employment Certification (PERM). The officials stated that it is not clear if an LCA or a PERM could even be filed if the DOL is shutdown. Because the systems require funding to run, employers should assume that they will not be available. USCIS is not yet sure if they will allow H-1B petitions to be filed without LCAs due to the shutdown.
At this time, we are unsure if the Executive Office for Immigration Review (EOIR), which operates the immigration courts throughout the U.S., will close due to the shutdown. EOIR has been advised to “put its shutdown plans in place.” However, EOIR has indicated that the detained docket would likely be considered an essential function and would therefore be able to continue in operation.
Finally, the State Department also would be subject to a government shutdown. American citizen services will continue overseas. However, visa issuances and consular interviews probably will only be given for “life or death” circumstances, as was the case during the last shutdown in 1996. Aliens travelling overseas should note that their consular interviews could be interrupted and seriously delayed.
If Congress is unable to reach an agreement by tonight, the federal government will close at midnight on Saturday April 9, 2011.
Posted in Agency Updates | Click Here To Comment »
Monday, April 4th, 2011
USCIS issued an FAQ today that discusses the automatic extension of post-completion Optional Practical Training (OPT) and F-1 status in the U.S. for students with pending or approved H-1B petitions for an employment start date of 10/1/11, under the Fiscal Year 2012 H-1B cap.
Tags: cap gap, F-1, OPT
Posted in Agency Updates, Temporary Visas | Click Here To Comment »
Friday, April 1st, 2011
While the USCIS numbers of pending I-485 make me relatively pessimistic on movement for India and China EB-2, the State Department’s internal case management staff are feeling more optimistic. In fact, we are seeing the National Visa Center issue fee bills for EB-2 India immigrant visa files with priority dates as late as November 2007, which would seem to indicate that NVC, at least, thinks the visa numbers will move at least that far ahead this year.
A caveat against reading too much into the NVC action: recall that it was imperfect information-sharing between USCIS and the State Department that led to the July 2007 “Visagate” debacle, and NVC likely has a small minority of the overall number of visa petitions with India and China EB priority dates in 2006 and early 2007, since so many of those beneficiaries could file for adjustment of status in July of 2007.
It’s also possible that NVC is simply trying to get cases set up with fees paid and documents submitted in case the numbers stay current for the rest of the fiscal year – but applicants would lose their filing fees if the numbers retrogress later this year.
We will have to wait for the May Visa Bulletin from the State Department, likely released by April 13 or so, for more detailed information on the State Department’s thinking.
Tags: EB-2, Green Cards, immigrant visa numbers
Posted in Agency Updates, Green Cards, Hot Questions | Click Here To Comment »
Friday, April 1st, 2011
Earlier this week, Kate reported that the State Department said it would be able to release an extra 12,000 visas for processing in EB-2 this year because of USCIS reporting low demand (and low approval rates) in EB-1. What does that mean for possible movement of priority dates this year? Some people have reported across the internet that the EB-2 China/India backlog may disappear. Unfortunately, the numbers don’t bear that out.
The last pending I-485 inventory number released from USCIS said that, as of January 2011, there were about 5,000 pending I-485s for EB-2 China with priority dates earlier than January 1, 2007, and there were about 14,000 pending I-485s for EB-2 India with priority dates earlier than January 1, 2007.
So, the “extra” numbers that “spill down” to EB-2 from EB-1, plus the regular ones (about 2300 each for India and China), should get the priority dates to late 2006, and perhaps to January 2007, by September of 2011.
While that is still better than no movement at all, it is far from being current.
Tags: Agency Updates, EB-2, Green Cards, visa backlogs
Posted in Green Cards, News & Politics | Click Here To Comment »
|
|
| |
|
|
|
|
