Visa Lawyer Blog

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A coalition of labor and immigrant advocacy groups announced Tuesday they’re launching a radio and print advertising campaign to pressure Republican senators to support the measure. Targets include Florida Sen. George LeMieux, Maine Sens. Susan Collins and Olympia Snowe, Massachusetts Sen. Scott Brown, Nevada Sen. John Ensign and Texas Sen. Kay Bailey Hutchison.

On November 30, 2010, Senate Majority Leader Harry Reid (D-NV) filed a new version of the DREAM Act (S.3992) with the aim of attracting broader support for DREAM to get the requisite 60 votes to pass the Senate during the current “lame duck” session of Congress.

The earliest Reid could file a cloture motion on the new bill would be this coming Thursday, December 2nd. After waiting out the requisite 30 hours post-cloture, it could “ripen” over the weekend, and effectively come up for a vote on Monday, December 6th at the earliest.

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Here is the latest on H1B visa numbers, they now passed the 50K mark. U.S. Citizenship and Immigration Services (USCIS) announced that it has now received approximately 48,977 H-1B petitions counting toward the congressionally-mandated 65,000 limit. USCIS also confirmed that it has received approximately 17,836 H-1B petitions for employees with advanced degrees from U.S. colleges and universities. The annual limit on H-1B petitions in the advanced degree category is 20,000.

Accordingly, USCIS is still accepting H-1B petitions under both the general cap and the advanced degree cap. We also continue to process H1B cases, but time is running out so in order to secure visas for this season employers must act now.

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Here is a quick update from the California Service Center regarding this new fee. The additional filing fees of $2,000 for certain H-1B petitions and $2,250 for certain L- 1A and L-1B petitions is applicable to petitioning employers who employ 50 or more employees in the United States and 50% of the petitioner’s employees are in H-1B, L-1A or L-1B status. The PL 111-230 fees do not apply to petitions requesting an extension of H-1B, L-1A or L-1B status with the same employer (only for initial filings for a new beneficiary).

When the fee is not required, it is critical that the petitioner explicitly acknowledge this and explain why it is not required in the I-129 filing. If this is not done, USCIS will likely issue a Request for Evidence asking for a statement from the petitioner, causing unnecessary delays in processing.

The Service Center previously stated:

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Readers often inquire about the general requirements for Citizenship and when can one apply. A number of criteria must be reviewed to determine if a person is eligible to apply for U.S. citizenship. As a starting point, the applicant must be a legal permanent resident (LPR) and at least eighteen years old. There are limited exceptions to this rule, including honorable service in the U.S. military during a time of war or declared hostility. The basic rule, however, is LPR and eighteen years of age.

Continuous Residence

In order to be eligible for naturalization, after Green Card has been obtained, one must be able to establish “continuous residence” in the United States for a period of five years before filing the application. This period is reduced to three years for individuals who are married to U.S. citizens, or who obtained Green Cards based on marriage but were battered or abused by their spouses. With the exception of cases involving abuse, in order to be eligible for the three-year period based on marriage to a U.S. citizen, the applicant must be married and living in marital union with the U.S. spouse for the past three years and the spouse must have been a U.S. citizen for the past three years.

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The H-2B program is critically important for many businesses that have difficulty finding U.S. workers to fill temporary jobs. This is particularly true in seasonal industries. Comments from H-2B employers attest to the need for foreign workers in physically demanding seasonal jobs, often in remote locations, that many U.S. workers will not take.

The H-2B nonimmigrant visa program permits employers to hire foreign workers to come to the U.S. and perform temporary nonagricultural work, which may be one-time, seasonal, peak load or intermittent and there are no qualified and willing U.S. workers available for the job. Note that this visa is not available for “temporary” agencies or other work placement agencies.

In order to learn more about employers’ perceptions of the H-2B program, ImmigrationWorks USA and the U.S. Chamber of Commerce conducted a survey: five short questions distributed among H-2B employers in July and August 2010. The survey asked how many H-2B workers the company had hired in the last three years and what types of jobs those workers held. It included two open-ended questions about the benefits of using the program and asked what if any problems employers had experienced.

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People applying for tourist visas for the United States in Qatar have greater chance of accessing them than in any other GCC country. Figures released by the US Administration suggest that only 3.2 percent requests for US tourist visas made to the US embassy in Doha were turned down in the FY 2010.

A US government website citing tourist visa (B-Visas) refusal details country-wise said the data were preliminary through September 30, 2010. As for Qatar, the data show this was the lowest percentage of tourist visa refusal in the entire GCC region. The next Gulf state with a lower percentage of rejection was Kuwait (3.6 percent). Bahrain ranked third with a 4.1 percent rejection rate while the percentage for the largest GCC state Saudi Arabia was six.

As for Oman and the UAE, the percentages were higher-8.7 and 9.7, respectively. The GCC states ranked much above their peers in the Arab world like Egypt, Yemen, Sudan and even Iraq. The rate of B-visa rejection in these countries was more than 30 percent.

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Department of State Visa Office provided explanation of its monthly determination of employment preference cut-of dates and data used in determining employment based cut-off dates for December 2010.

Each month, the State Department subdivides the annual preference and foreign state limitations specified by the Immigration and Nationality Act into monthly allotments based on totals of documentarily qualified Immigrant Visa applicants reported at consular posts and Immigration Offices, grouped by foreign state chargeability, preference category, and priority date.

If there are sufficient numbers in a category to satisfy all reported documentarily qualified demand, the category is considered “Current.” For example: If the monthly allocation target is 3,000 and there is only demand for 1,000, the category will be “Current”. Whenever the total of documentarily qualified applicants in a category exceeds the supply of numbers available for the particular month, the category is “oversubscribed” and a visa availability cut-off date is established. The cut-off date is the priority date of the first documentarily qualified applicant who could not be accommodated for a visa number.

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The number of American students studying in Zimbabwe increased by 200 percent in 2009-10 to a total of 27. During the same period, the number of Zimbabwean students enrolled in U.S. institutions of higher education decreased by 8.7 percent from 1,269 to 1,159, most likely due to economic challenges in Zimbabwe making it difficult for families to pay for fees and tuitions. Open Doors 2010, the annual report on international academic mobility published by the Institute of International Education (IIE) with support from the U.S. Department of State, released these statistics on Monday to mark the beginning of International Education Week.

The number of Zimbabwean students in the U.S. peaked in 2002-03 at 2,186. Today, Zimbabwe is among the top 10 sending countries in Africa, ranking seventh after Nigeria, Kenya, Ghana, Cameroon, South Africa, and Ethiopia. In 2009, the US Embassy in Harare issued 400 new F-1 student visas.

U.S. Embassy Educational Advisor Rebecca Zeigler Mano attributes the decline to the economic crisis and political instability in Zimbabwe, as well as teacher strikes, inconsistent examination results, election related violence and hyperinflation during the 2007-08 academic years. Parents who previously could fund part or all of their children’s US education through Reserve Bank educational forex allowances and local salaries, could no longer do so during those years. Despite the decline last year, the number of Zimbabweans studying in the U.S. remains high in large part due to the U.S. Embassy educational advising services in Harare and in Bulawayo, as well as a big increase over the last 5 years in the number of Zimbabweans receiving scholarships to study in the US.

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OK so we now have another chance at getting this Act passed. DREAM is back on the agenda in the lame duck session. While Comprehensive Immigration Reform remains the long-term goal of the Democratic leadership, their current goal is enacting the DREAM Act before the 111th Congress adjourns for the last time.

The North American Integration and Development Center at UCLA has released a new report highlighting the economic benefits of enacting the Development, Relief and Education for Alien Minors (DREAM) Act.

More specifically, the report concludes, “In the No DREAMers Left Behind scenario, 2.1 million undocumented immigrants would become legalized and generate approximately $3.6 trillion” over a 40-year period. Another positive effect of the DREAM Act would be that “[a] higher supply of skilled students would also advance the U.S. global competitive position in science, technology, medicine, education and many other endeavors.”

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Below is a summary of the December 2010 Visa Bulletin with respect to employment-based petitions:

* EB-1 remains current across the board.

* EB-2 Line ( World), Mexico and Philippines remain current, EB-2 China moves forward by one (1) week to June 8, 2006, while EB-2 India remains (again, for a number of consecutive months) unchanged at May 8, 2006.

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