Archive for the ‘Alerts’ Category
EB-2 CATEGORY WILL ADVANCE 1 YEAR ON FEBRUARY 1, 2012!
The EB-2 (employment-based second preference) green card category for advanced degreed professionals will advance 1 year on the February 2012 Department of State Visa Bulletin for individuals from mainland China and India.
Congress allots a certain number of immigrant visas each year for various categories and countries. Foreign nationals in the EB-2 category from India and China typically wait several years for a green card “number” to become available to them as there is a backlog with these applications. The wait is based on an applicant’s “priority date” which he/she obtains when the first step of the green card process is filed. Until that date is current on the Visa Bulletin (published monthly), the individual cannot submit (and the officers cannot adjudicate) the final paperwork for a green card.
In the January 2012 Visa Bulletin, the applications being reviewed for Chinese and Indian nationals in the EB-2 category have priority dates of January 1, 2009 and earlier. In the February 2012 Visa Bulletin, the priority date will jump to January 1, 2010 and earlier, cutting off a full year of waiting. This is great news for individuals with priority dates between January 1, 2009 and January 1, 2010 as they can now submit their final paperwork for a green card.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a green card application or have any questions about the above.
Tags: advanced degree professional, EB-2, green card, I-485, lawful permanent resident, priority date, visa bulletin
Posted in Alerts, Immigrant Visas, USCIS | Read More »
RULE MAY ALLOW UNLAWFUL PRESENCE WAIVERS TO BE FILED WITHIN U.S., KEEPING FAMILIES TOGETHER
The USCIS announced a proposal January 6, 2012 that would streamline and humanize the application process for undocumented foreign national spouses and children of U.S. citizens who apply for legal permanent resident status (green card status). The proposed rule does not apply to spouses and children of green card holders (only citizens).
Under the current rules, an undocumented individual who is eligible for green card status must leave the country to apply and process the paperwork. However, once he/she leaves, the person triggers a 3-year or 10-year bar to the U.S. if he/she was unlawfully present in the U.S. for more than 180 days. The processing times abroad for waivers and applications can range from months to years and keep families separated.
If the proposed rule becomes final, undocumented foreign nationals who would trigger a bar upon leaving will be allowed to apply for the waiver from within the U.S. and remain with their families until it is time to process the green card application abroad. Note that applicants would still be required to depart from the U.S. before receiving final approval on their green card application, however the wait abroad will be much shorter.
The government believes that this new rule would encourage applicants to come forward and create a faster and safer means for processing applications. As it stands, many individuals remain under the radar and never apply for status so they do not get separated from their loved ones.
Stay tuned for future posts on this important change to the law.
Tags: family unity, green card, lawful permanent resident, proposed rule, unlawful presence, waiver
Posted in Alerts, Immigrant Visas, immigration reform, Politics/Current Events | Read More »
U.S. CONSULATE IN CHENNAI, INDIA NO LONGER PROCESSING IMMIGRANT VISAS
As of January 1, 2012, the U.S. Consulate in Chennai, India will no longer process immigrant visas. An immigrant visa allows a foreign national entry to the U.S. as a permanent resident (green card holder). The U.S. Consulates in Mumbai (Bombay) and New Delhi will be the only Consulates processing immigrant visas going forward.
An immigrant visa is typically obtained after a family member or employer has sponsored a foreign national for permanent status in the U.S. This is the second step following approval of an immigrant petition in the U.S.
Applicants currently in the process of obtaining an immigrant visa in Chennai may contact ChennaiIVU@state.gov for clarification on their status.
Tags: Chennai, green card, immigrant visa, India
Posted in Alerts, Immigrant Visas | Read More »
ALERT: H-1B CAP FILING PERIOD OPENS APRIL 1, 2012!
The filing period for the next H-1B cap season opens April 1, 2012 for an October 1, 2012 start date. Petitions are accepted up to 6 months in advance of October 1, 2012.
The H-1B visa is a temporary work visa for a degreed professional (or someone with equivalent experience) seeking employment in a position complex enough to need his/her specific degree.
Each year, there are 65,000 slots available to holder’s of U.S. or foreign Bachelor’s degrees or foreign Master’s or higher degrees (or equivalent experience). There are an additional 20,000 slots set aside for individuals with U.S. Master’s or higher degrees.
Please don’t hesitate to contact our San Francisco Immigration Law Office if you or your employer need assistance with an H-1B petition.
Tags: H-1B, h-1b cap, H-1B quota, H1b, USCIS, work visa
Posted in Alerts, H-1B, Nonimmigrant Visas, USCIS | Read More »
H-1B CAP Update: 18,800 H-1B Visas Left
The USCIS announced on October 21, 2011 that 20,000 U.S. Master’s cap numbers and 46,200 regular cap numbers have been taken. This means that there are 18,800 H-1B slots left for this year. Practitioners are anticipating that these remaining visas will run out by the end of the year.
The H-1B category is for degreed professionals seeking jobs that are complex enough to need a degree. Please contact our San Francisco law office as soon as possible if you’d like assistance with an H-1B petition.
If the cap closes, the next available filing window opens April 1, 2012 for an October 1, 2012 start date.
Tags: Bachelor's degree, h-1b cap, H-1B quota, U.S. Master's
Posted in Alerts, H-1B, Nonimmigrant Visas | Read More »
ALERT: 10/28/11 Deadline for Certain Widow(er)s to File I-360 Green Card Petition
There is a rule that allows surviving foreign national spouses to file for green card status following the death of their U.S. citizen husband or wife. The rule used to be that the couple had to be married two years at the time of the death for the foreign national to qualify. On October 28, 2009, a law abolished this requirement. Now, widow(er)s of U.S. citizens married for any length of time (even shorter than two years) can file an I-360 self-petition for immediate relative green card status. However, the law states that the petition must be filed within two years of the U.S. citizen’s death.
For deaths that occurred prior to October 28, 2009 when the above law passed, widow(er)s must file their I-360 green card petitions by October 28, 2011. This is a very important deadline. Such widow(er)s will not be able to qualify for this type of green card petition otherwise if they miss the deadline.
Please contact our San Francisco immigration law office if you need assistance with filing an I-360 petition by October 28, 2011.
Tags: green card, I-360, immediate relative, U.S. citizen death, widow, widower
Posted in Alerts, FAQ Marriage-Based Green Card, Immigrant Visas | Read More »
ICE Announces FY2011 Removal Statistics
Today U.S. Immigration and Customs Enforcement (ICE) announced its FY2011 year-end statistics regarding deportation and removal. In FY2011, ICE removed 396,906 foreign nationals from the U.S. Of those, 216,698 were convicted of felonies or misdemeanors, including 1119 convicted of homicide, 5,848 convicted of sexual offenses, 44,653 convicted of drug-related crimes, and 35,927 convicted of a DUI (driving under the influence). More than two-thirds of the remaining removals involved individuals who had recently crossed the border or repeat immigration violators. The overall number of foreign nationals removed in FY2011 was the highest in the agency’s history.
Tags: deportation, FY2011, ICE, Immigration and Customs Enforcement, removal
Posted in Alerts | Read More »
Governor Jerry Brown Signs CA Bill Blocking E-Verify Mandates
Governor Brown has signed into law Bill 1236, the Employment Acceleration Act of 2011, which states that CA cities, counties and special districts cannot require an employer (other than a government agency) to use E-Verify to obtain a CA government contract or business license. The law also prohibits cities, counties and districts from requiring E-Verify as a penalty for violating licensing or other similar laws.
As stated in prior posts, E-Verify is a Federal program that allows employers and businesses to check the work authorization of their employees online for purposes of completing the Form I-9, Employment Eligibility Vertification. CA employers are still free to voluntarily participate in E-Verify or do so as required for Federal contracts.
Tags: Bill 1236, E-verify, Employment Acceleration Act of 2011, Federal contracts, Governor Brown
Posted in Alerts, Politics/Current Events | Read More »
ICE Told to Use Prosecutorial Discretion
On June 17, 2011, Immigration and Customs Enforcement (ICE) Director, John Morton, issued a memorandum directing ICE officers, agents and attorneys to use “prosecutorial discretion” in the course of executing duties. Director Morton defined prosecutorial discretion as the authority of an agency charged with enforcing a law to decide to what degree to enforce the law against a particular individual. In short, prosecutorial discretion means that ICE may decide not to assert the full scope of enforcement authority the agency is afforded under the law.
The above memo is the result of ICE being confronted with more administrative immigration violations than its resources can address. Thus, to deal with the burden, Director Morton has directed ICE officers, agents and attorneys to use prosecutorial discretion when necessary.
Tags: custody, enforcement, ICE, Morton, prosecutorial discretion
Posted in Alerts, Crimes and Immigration | Read More »
Utah Passes Immigration Bills Known As The “Utah Solution”
Following in Arizona’s footsteps, Utah Governor, Gary R. Herbert has signed into law immigration bills known as the Utah Solution. The bills establish a guest worker program for undocumented workers and their families, allowing members to live and work in Utah. They also prohibit employers from knowingly hiring unauthorized workers and require most employers to participate in E-Verify. Like the recent Arizona legislation, the bills establish enforcement measures that require officers to verify the immigration status of individuals stopped under various circumstances.
Tags: Arizona, Gary Herbert, Governor Herbert, immigration bills, Utah Solution
Posted in Alerts, Politics/Current Events | Read More »
