Monday, December 14, 2009

January 2010 Visa Bulletin

See below for the most recent Visa Bulletin for January 2010. Not much in the way of good news……………….

VISA BULLETIN FOR JANUARY 2010

FAMILY-SPONSORED PREFERENCES

Fam-ily

All Charge- ability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPP-INES

1st

01APR04

01APR04

01APR04

15AUG92

01DEC93

2A

01JAN06

01JAN06

01JAN06

01JAN04

01JAN06

2B

01DEC01

01DEC01

01DEC01

08JUN92

01JUL98

3rd

22MAY01

22MAY01

22MAY01

15SEP92

01DEC91

4th

01OCT99

01OCT99

01OCT99

22NOV95

01MAY87

EMPLOYMENT-BASED PREFERENCES

  

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIP-PINES

Employment -Based

  

  

  

  

  

1st

C

C

C

C

C

2nd

C

01MAY05

22JAN05 

C

C

3rd

01AUG02

01AUG02

22JUN01

01JUL02

01AUG02

Other Workers

01JUN01

01JUN01

01JUN01

01JUN01

01JUN01

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th

C

C

C

C

C

Targeted Employment Areas/ Regional Centers

C

C

C

C

C

5th Pilot Programs

C

C

C

C

C

Tuesday, November 24, 2009

USCIS Announces Most Current H-1B Cap Count

USCIS Announces Most Current H-1B Cap Count


 

According to the USCIS, as of November 20, 2009 approximately 56,900 H-1B cap-subject petitions have been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap (which starts on October 1st).


 

Therefore, any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.


 

With some signs indicating that the U.S. economy is picking up, there's a fairly good chance that H-1B visa numbers will run out again before April 1, 2010 (which is the earliest filing date for new H-1Bs for FY 2011 which starts on October 1, 2010).

Monday, November 9, 2009

U.S. readies plan to ID departing visitors – Putting the cart before the horse?

See below for recent article about a proposal by DHS to collect fingerprints or eye scans from all foreign travelers at U.S. airports as they leave the country. It will be interesting to see how this plays out, but the reasonable thing would be to include something like this as part of comprehensive immigration reform……………?

*****************************************************

U.S. readies plan to ID departing visitors

Program would cover only those foreigners who leave by air

By Spencer S. Hsu

Washington Post


 

Sunday, November 8, 2009


 

The Department of Homeland Security is finalizing a proposal to collect fingerprints or eye scans from all foreign travelers at U.S. airports as they leave the country, officials said, a costly screening program that airlines have opposed.

The plan, which would take effect within two years, would collect fingerprints at airport security checkpoints, departure gates or terminal kiosks, allowing the government to track when roughly 35 million foreign visitors a year leave the country and who might be overstaying their visas, DHS officials said. The department plans to send the proposal to the White House as soon as next month for review and inclusion in President Obama's next budget.

Some experts and former government officials are skeptical. In a concession to industry, DHS said it probably will drop plans to require airlines to pay for the bulk of the program and is looking to cut costs, which could reach $1 billion to $2 billion over a decade, largely to be paid by taxpayers or foreign travelers. In addition, the program would not operate for now at land borders, where 80 percent of noncitizens enter and leave the country, because fingerprinting travelers there could cost billions more and significantly delay commerce.

The ultimate scope of the system -- how rigorous it is and its final price tag -- will signal how the Obama administration and a Democratic Congress balance expensive post-9/11 security mandates against the nation's financial constraints, analysts and former government officials said. Congress might have to reexamine the value of border controls that a few years ago were deemed critical for security and for curbing illegal immigration but that might be less effective than first thought or carry unpopular economic or diplomatic costs, they added.

Meeting a mandate

"It will be up to Congress to put its money where its mandate is," a senior DHS official said, outlining the plans on the condition of anonymity because Secretary Janet Napolitano has not made a final decision. "The administration and Congress have to decide how they want to implement this in times of budget austerity."

Sen. Dianne Feinstein (D-Calif.), a prominent congressional supporter of the tracking requirement, said she was pleased with DHS's "long overdue" move.

"A biometric exit system is critical to tracking the arrival and departure of foreign nationals -- not just through a paper trail, but through fingerprints, photographs, and other fraud-proof biometric identifiers," Feinstein said in an e-mail statement.

The DHS proposal marks the latest government step to satisfy a 1996 mandate by Congress to automatically track when foreigners enter and exit the country. Independent analysts have estimated that 40 percent of illegal immigrants enter the country legally and overstay their visas.

Congress focused on inbound travelers after the 2001 terrorist attacks -- several of the hijackers held expired visas -- appropriating $3 billion since 2003 on the US-VISIT tracking program. The program collects biological identifiers, such as fingerprints and digital photographs, from all arriving foreigners except Canadians and Mexicans with special border-crossing cards.

In 2004, lawmakers ordered that similar information also be collected from noncitizens upon exit but did not set a deadline.

By the time Bush administration officials unveiled a $3.5 billion program in April 2008, however, political impetus for changes had weakened. Air carriers protested that they had not been consulted and should not bear the bulk of the liability and cost of what they argued was the government's duty to fingerprint travelers. The requirement also bucked industry trends of cutting costs by automating boarding processes and moving passengers away from ticket counters.

DHS officials accused airlines of obstructing the proposal. In the end, industry lobbyists persuaded Congress to delay the plan until tests were completed this year. Industry leaders said they still hope the administration consults them.

"As far along as they are in the process, they haven't spoken a word to trade associations or any of our airlines," said Ken Dunlap, a spokesman for the International Air Transport Association, a trade group for 230 carriers.

Costs vs. risks

DHS officials said they are considering ways to hold down costs. Collecting fingerprints at security checkpoints would be cheaper than doing so at the departure gates, but checkpoints could be more prone to fraud by people who leave the airport instead of boarding their flights. Fingerprinting at departure gates, however, would require more workers, DHS officials said.

Such trade-offs raise more basic questions about the purpose of the program. Supporters say that, by collecting fingerprints and other data, officials can instantly check the identity of a foreign visitor leaving the country against security watch lists. It could also help target foreigners who have violated immigration law.

But critics point out that potential terrorists entering the country present a greater concern than those leaving. And, they say, when it comes to immigration violations, the new system would add only a marginal benefit.

DHS says it already can identify noncitizens who leave the country about 93 percent of the time by comparing passenger records of international airliners on arrival and departure. Officials said they think the rest mostly involve people who leave the country by land or whose names are recorded improperly at some point. Of the 200,000 to 400,000 travelers each year who immigration officials estimate overstay their visas, US-VISIT identifies those deemed a higher priority for investigation based on their nationality, age, sex and other biographical factors.

"The idea that there are serious national security risks that we've identified but we haven't pursued because we don't have an exit system is simply not plausible," said Stewart A. Baker, who was DHS undersecretary of policy from 2005 to 2008.

Among the estimated 12 million illegal immigrants living in the United States, the bigger problem is catching those considered a high priority, whether they overstay visas, commit serious crimes, violate deportation orders or pose other threats, Baker said.

The current system of tracking incoming visitors gave immigration officials leads last year on more than 14,000 who potentially presented a high risk, leading to 750 arrests. But the immigration agency office in charge of catching overstayers spent only $42 million on those investigations. Baker said that, before the government spends more to add names to the list of those in the country illegally, it should expand enforcement efforts.

Others noted that an airport-based system can be evaded by people who drive over the border.

"If you're doing this for immigration control purposes, how can you have a complete system without doing land" borders, said Robert C. Bonner, the head of U.S. Customs and Border Protection from 2003 to 2005. "Other than congressional pressure, the question is, why do this?"

The senior DHS official defended the pending proposal. "This would add a level of certainty to the departures of one category of people who came into the U.S. . . . in the air category," the official said, adding, "It is a partial solution and it should never be seen as more than that."

Tuesday, October 13, 2009

Visa Bulletin for November 2009

See below for the November 2009 Visa Bulletin. Not much relief on the horizon………….

**********************************************************************

VISA BULLETIN NOVEMBER 2009

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.


 

Family

All Charge- ability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPPINES

1st

15OCT03

15OCT03

15OCT03

08JUL92

22OCT93

2A

15AUG05

15AUG05

15AUG05

15JUN03

15AUG05

2B

01OCT01

01OCT01

01OCT01

01JUN92

15MAY98

3rd

01MAR01

01MAR01

01MAR01

01MAY92

22OCT91

4th

15JUN99

15JUN99

15JUN99

08NOV95

15JAN87

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to "Other Workers".

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

  

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIP-PINES

Employment -Based

  

  

  

  

  

1st

C

C

C

C

C

2nd

C

01APR05

22JAN05 

C

C

3rd

01JUN02

01JUN02

22APR01

01JUN02

01JUN02

Other Workers

01JUN01

01JUN01

22APR01

01JUN01

01JUN01

4th

C

C

C

C

C

Certain Religious Workers

U

U

U

U

U

5th

C

C

C

C

C

Targeted Employment Areas/ Regional Centers

C

C

C

C

C

5th Pilot Programs

U

U

U

U

U

Monday, October 5, 2009

Obama Directs USCIS To Prepare For Potential Immigration Reform

See below for a recent article regarding potential immigration reform. Hopefully, CIS will be given adequate resources BEFORE any reform happens…………….

Dan

********************************************************

October 1, 2009


 

President Directs USCIS To Prepare


 

The New York Times quotes the Director of the USCIS "We are under way to prepare for [giving legal status to millions of illegal immigrants]". The NY Times article further quotes the USCIS Director "Mr. Obama has told immigration officials that a legalization program would be part of legislation the White House would propose". For the full story, see here.

http://www.nytimes.com/2009/10/02/us/politics/02immig.html?_r=1

Friday, September 11, 2009

October 2009 Visa Bulletin – Sad News For EB3s Again

The Visa Bulletin for October 2009 was just released and the family and employment-based categories are listed below. It is not good news for those in the EB3 category where visa numbers had become unavailable and it was hoped that the October numbers would enable those professional and skilled workers who have been waiting through their pending adjustment of status applications filed in 2007 to finalize the process. Not so. When the EB3 numbers became unavailable, the numbers were back to 2005. Now, they are back to 2002. These delays create huge burdens and stress, and re-emphasizes the need for comprehensive immigration reform………………………..

Dan

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VISA BULLETIN OCTOBER 2009

Fam-ily

All Charge- ability Areas Except Those Listed

CHINA-mainland born

INDIA

MEXICO

PHILIPPINES

1st

22JUL03

22JUL03

22JUL03

08JUN92

08OCT93

2A

01JUN05

01JUN05

01JUN05

01MAR03

01JUN05

2B

22AUG01

22AUG01

22AUG01

22MAY92

01MAY98

3rd

15JAN01

15JAN01

15JAN01

08JUL91

15OCT91

4th

15APR99

15APR99

15APR99

08OCT95

01DEC86

****************************************************

  

All
Charge-ability
Areas
Except
Those
Listed

CHINA-
mainland born

INDIA

MEXICO

PHILIP-PINES

Employ-ment
-Based

  

  

  

  

  

1st

C

C

C

C

C

2nd

C

22MAR05

22JAN05 

C

C

3rd

01JUN02

22FEB02

15APR01

01MAY02

01JUN02

Other
Workers

01JUN01

01JUN01

15APR01

01JUN01

01JUN01

4th

C

C

C

C

C

Certain Religious Workers

U

U

U

U

U

5th

C

C

C

C

C

Targeted Employ-ment Areas/
Regional Centers

C

C

C

C

C

5th Pilot Programs

U

U

U

U

U