Articles Posted in Immigrant Visas

Yesterday, the House Judiciary Committee approved to go forward HR 704, the “Security and Fairness Enhancement for America Act of 2011.” With a name like that, you would think the bill was many hundreds of pages and proposed changes to the court system or at least dealt with the huge backlogs in the immigration adjudication system that were the subject of recent hearings before the Senate Judiciary Subcommittee. However, the bill, introduced by Representative Bob Goodlatte (R-VA), is little more than a page, and does nothing but cut the number of new legal immigrants to the United States by eliminating a small program known as the Diversity Visa.

The bill, sponsored by Intellectual Property Subcommittee Chairman Bob Goodlatte (R-Va.), was reported favorably to the House floor by a vote of 19-11. According to the Subcommitte, “This program is plagued by fraud and is an open door for terrorists.”

For a little background information, The diversity visa program was created in 1990 to increase diversity in the United States immigrant population by providing up to 55,000 greencard visas per year. Since they were first issued in 1995, over 785,000 diversity visas have been issued. Individuals who receive a diversity visa are free to petition for greencard visas for their family members.

We have recently won another incredible case under the National Interest Waiver Category for a renowned scientist in the field of neuropathic pain! Attorneys Ekaterina Powell and Andrew Desposito from our office did a great job in this case. Andrew provides another summary of the process for our readers.

In this second part of the National Interest Waiver series, we discuss another class of persons who qualify. As before, there are two types of individuals who may be granted a green card through the National Interest Waiver: an Alien that is a member of a profession holding an advanced degree, and an Alien that has commanded a salary, or other remuneration for services, which demonstrates exceptional ability. This article will discuss the Alien that is a member of a profession holding an advanced degree.

In order to be an Alien that is a member of a profession holding an advanced degree, one must show two things: That the Alien is a member of the professions holding an advanced degree and the Alien meets the requirements as discussed in Matter of New York State Department of Transportation, Interim Decision 3363, (Aug. 1998). If an Alien meets the requirements as set forth above, he will be granted a green card under the National Interest Waiver.

The Alien is a member of the professions holding an advanced degree

Our client that got his I-140 petition approved is a leading international expert and a pain specialist with special skills in Interventional Pain Procedures, Neuropathic Pain Management, Cancer Pain, and Palliative Cares. His research in the field of neuropathic pain treatments is unquestionably significant and is recognized on the international level. Our clients’ credentials include a medical degree from his home country, a two year study on Pain Management at a Pain Clinic, and another three years as Coordinator of that same clinic. In addition, we submitted our client’s curriculum vitae to outline their Education, Professional and Research Experience, Oral Presentations, Scientific Publications, Professional Association Memberships, Professional Development Courses, and Honors and Awards.

Another point discussed in our client’s case was the various organizations and places the individual has been invited to lecture. We demonstrated, through many exhibits, the organizations our client participated in as a member related to his field of work, as well as documents that show the various lectures and seminars our client spoke as an expert on his field of expertise.

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As Lawyers who specialize in I-601 extreme Hardship Waivers, we often hear of concerns form family members traveling to Ciudad Juarez for Visa Interview. An I-601, Application for Waiver of Grounds of Inadmissibility, is filed to permit an alien who has been denied admission to the United States to gain admission as a lawful permanent resident or fiancé(e) under certain circumstances. This waiver is based on extreme hardship to United States citizen or lawful permanent resident relatives of the alien which would result if the alien’s inadmissibility cannot be waived.

Today we have an alarming message from the Consulate that we wanted to share with our readers. The U.S. Consulate General in Ciudad Juarez is issuing this Emergency Message for U.S. citizens in the state of Chihuahua (“Emergency Messages” were formerly known as “Warden Messages”). The Consulate has distributed the following message to our staff:

Mexican authorities have captured key members of the cartels active in Juarez. These successes also bring with them the potential for an increase in violence. The cartels may seek to retaliate and increase their attacks against rival cartel members, Mexican law enforcement and/or the public in general.

On July 11, 2011, the Ombudsman’s Office recommends that USCIS take the following actions to improve the processing of employment authorization documents (EAD):

1. Establish methods at local offices to facilitate immediate resolution;

2. Establish a uniform processing time goal of 45 days for adjudication and 60 days for issuance of an EAD;

We have recently won an incredible case under the National Interest Waiver Category for a challenged athlete who is also a motivational speaker. Attorney Andrew Desposito did a great job in this case. Andrew provides a great summary of this process for our readers.

The National Interest Waiver is a great way to bring an individual into the United States whose work can have an impact that is in the national interest. To apply for a National Interest Waiver, an I-140 petition must be submitted along with the proper documentation that meets the requirements of one of two categories. There are two types of individuals who may be granted a green card through the National Interest Waiver: an Alien that is a member of a profession holding an advanced degree, and an Alien that has commanded a salary, or other remuneration for services, which demonstrates exceptional ability. This article will discuss the Alien who has commanded a salary, or other remuneration for services, which demonstrates exceptional ability.

In order to be an Alien that has commanded a salary, or other remuneration for services, which demonstrates exceptional ability, one must show four things: That the Alien commanded such a salary demonstrating the exception ability, evidence of membership in a professional association related to such services, evidence of recognition for achievements and significant contributions to the industry or field by peers, governmental entities, or professional or business organizations, and the Alien meets the requirements as discussed in Matter of New York State Department of Transportation, Interim Decision 3363, (Aug. 1998). If an Alien meets the requirements as set forth above, he will be granted a green card under the National Interest Waiver.

It was a mostly sunny day here in San Diego as the AILA conference entered its second Day. Lots of meetings with government officials and several open forums. I will provide a few points from the DOL open forum head by Bill Carlson, Dept. of Labor, Foreign Labor Certification.

This open forum included a summary by the DOL regarding immigration-related filings. The key points of the DOL summary are explained here for the benefit of our readers.

The DOL started the 2011 fiscal year with speedy adjudications of PERM cases, currently they are working on April 2011 cases. As for Audited cases, the current processing time is September 2010. Finally, cases pending Appeal are currently at February 2008. The DOL was able to reduce its previous backlog by almost half, and the goal is to become even more efficient by 2012.

The Department of State has released the new visa bulletin for July 2011 on June 9, 2011 which continues to bring cheers to Chinese and Indian nationals whose Priority Dates get benefited.

For the month of July 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward nearly five months for Chinese nationals (from October 15, 2006 to March 8, 2007), and also moved forward nearly five months for Indian nationals (from October 15, 2006 to March 8, 2007). In the EB-3 category, the cut-off dates moved forward from May 15, 2004 to July 1, 2004 for Chinese nationals and moved forward from April 22, 2002 to May 1, 2002 for Indian nationals.

For the month of June 2011, the EB-1 category was current for both Chinese and Indian nationals. In the EB-2 category, the cut-off dates moved forward more than two months for Chinese nationals (from August 1, 2006 to October 15, 2006), and moved forward more than three months for Indian nationals (from July 1, 2006 to October 15, 2006). In the EB-3 category, the cut-off dates moved forward from April 15, 2004 to May 15, 2004 for Chinese nationals and moved forward from April 15, 2002 to April 22, 2002 for Indian nationals.

U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century.

The EB-5 Program makes 10,000 visas available annually to immigrant investors who invest in commercial enterprises that create at least 10 U.S. jobs. EB-5 investors may petition independently or as part of a USCIS-designated Regional Center.

“Congress created the EB-5 Program in 1990 to attract investors and entrepreneurs from around the globe to create jobs in America,” said USCIS Director Alejandro Mayorkas. “We are dedicated to enhancing this program to ensure that it achieves that goal to the fullest extent possible.”

Charlie Oppenheim, Chief, Immigrant Visa Control and Reporting Division, U.S. Department of State, informed previously of a dramatic reduction in the use of EB-1 numbers.

He stated:

“[US]CIS says they have seen a decline in filings, and does not expect a change in the number use pattern. Therefore, this decline in EB-1 number use will allow me to begin having those ‘otherwise unused’ numbers drop down and be available for use in the EB-2 category. Based on current indications, that would mean that at least 12,000 additional numbers will be available to the EB-2 category. This situation will allow me to advance the India EB-2 cut-off date for May. The reason being that all ‘otherwise unused’ numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”

This just came in, Charlie Oppenheim, the Chief of the U.S. Department of State’s Immigrant Visa Control and Reporting Division, has confirmed a dramatic reduction in the use of EB-1 immigrant visa numbers and the resulting favorable effect on the EB-2 category for immigrant visas chargeable to India.

Due to a consistent reduction in demand since October 2010 for EB-1 immigrant visa numbers, the otherwise unused numbers will “drop down and be available for use in the EB-2 category.” According to Mr. Oppenheim’s comments, that could mean that a potential 12,000 additional numbers will be available to the EB-2 category. This situation will most likely result in an advance of the India EB-2 cut-off date for May’s Visa Bulletin. The reason for this effect on the EB-2 category is that “otherwise unused numbers are provided strictly in priority date order, and the India demand has the largest concentration of early dates.”
We will keep you posted.