Archive for January, 2012
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 »
U.S. DEPARTMENT OF STATE SENDING WAVES OF STAFF TO CHINA AND BRAZIL
The U.S. DOS is sending waves of temporary staff to China and Brazil to address growing visa demands and shorten visa wait times. The employees are helping process the high number of visa applications until permanent staff arrive.
The 2011 mission to Brazil resulted in processing 820,000 visa applications, which is a 42% increase from the previous year. The DOS plans to double the consular staffing in Brazil over 2012 by adding 50 new officer positions. Current visa wait times in Brazil are down to under 50 days.
China has seen even more growth than Brazil, specifically in 2011, during which DOS employees processed more than 1 million visa applications. This is a 34% increase over the previous year. Current visa wait times in China are down to under 10 days.
Tags: Brazil, China, Department of State, U.S. consulate, U.S. visas, visa wait times
Posted in H-1B, Immigrant Visas, Nonimmigrant Visas | Read More »
2011 U.S. CITIZENSHIP STATS
In 2011, the U.S. Citizenship & Immigration Services (USCIS) held more than 6000 naturalization ceremonies for over 692,000 green card holders who became new citizens. 10,000 of those sworn in were members of the U.S. Armed Forces.
If you are interested in becoming a U.S. citizen or have any questions about the process, please don’t hesitate to contact our San Francisco Immigration Law Office.
Tags: N-400, naturalization, U.S. citizenship
Posted in naturalization, USCIS | Read More »
