Visa Lawyer Blog

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The information that is provided in this post is relevant as of Friday May 15, 2009. This is coming from our local AILA chapter Chair.

As many of our readers know, at the conclusion of the Marriage based adjustment of status interview, the immigration officer, upon approval, used to stamp the immigrant’s passport with the I-551 (Green Card) stamp. This used to be an immediate proof that the case has been approved and the applicant could work and travel using this stamp. As the actual production of the Green Cards became so fast, the practice of stamping applicants’ passports stopped as well in most states across the nation.

The stamp mentioning temporary evidence of I-551 or permanent resident status is valid for a year. It is valid proof of permanent resident status for employment and travel purposes. There is no need to worry about traveling on such a simple looking stamp. The ink used is security ink. The Port of Entry (POE) officers can quickly determine if a stamp is genuine. Those with genuine stamps can travel in the same manner as individuals who have received the Form I-551 or the plastic green card. The temporary stamp, which is valid for one year, can be renewed if needed. (Recently, in late January 2009, we have heard that some airlines in Europe are requiring applicants with I-551 stamps to also obtain a travel document in order to board. This may be due to the airlines not fully understanding documentary requirements under U.S. law).

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Truly sign of the times. According to USCIS As of May 11, 2009, approximately 45,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

In this pace, there will be plenty of H1B visas to carry us through September.

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The American Immigration Policy Center issued an excellent Fact Sheet about H2A farm orkers and the need for reform.

The Agricultural Job Opportunities, Benefits, and Security (AgJOBS) Act has long served as a blueprint for comprehensive immigration reform. AgJOBS, which combines an earned legalization program for farmworkers with a reform of the H-2A temporary foreign agricultural worker program demonstrates a successful model for compromise where workers and employers have come together to resolve their differences. The dysfunctional U.S. immigration system is currently standing in the way of addressing deeper structural problems that impact U.S. workers and U.S. competitiveness in a globalized market. As Congress proceeds, here are a few facts about the current challenges at the intersection of immigration policy and agriculture, and why addressing these issues is critical to the nation’s economy.

Here is an interesting fact :Most farmworkers are not authorized to work legally in the U.S.

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The H-2B visa program is vital to America’s small businesses and thus to America’s economic recovery. The H-2B program is capped at 66,000 visas per year. This is the same arbitrary number set by Congress in 1990. The visa allotment is split equally between the winter and summer seasons. Small business owners rely on the H-2B program because it is the only way they can legally hire workers for temporary and seasonal positions when they cannot find Americans to hire.

Small and seasonal businesses hire American workers and they do hire every qualified

American who applies for a seasonal or temporary short-term position. Nevertheless, even in this economy, positions remain unfilled, leaving these businesses desperately in need of workers. This is not surprising since these jobs typically involve low-skilled and semi-skilled labor, involve work at remote locations, and are only short-term in duration.

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I was shocked when the June 2009 visa bulletin came out. The cutoff date for India in the EB2 category has retrogressed to January 1, 2000. The June Visa Bulletin will become effective as of June 1st. Thus, the May Visa Bulletin, with an EB2 India cutoff date of February 15, 2004 remains effective through May 31, 2009.

Why is this happening clients ask? The high level of demand in the EB2 India category, and the need to keep within the annual limits set by law. The DOS stated that it is currently not possible to estimate whether this retrogression will continue for the rest of the fiscal year. My predication is that it will get worse before it will get better. We will keep you posted.

Click here for the June 2009 Bulletin

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As attorneys that handle numerous I-601 waiver cases, we are following the Consulate in Ciudad Juarez very closely. Clients are worried about their waiver appointments and are confused about any potential delays. The U.S. Consulate General in Ciudad Juarez will re-open consular operations on a rolling basis. The Consulate’s American Citizen Services unit will resume full operations effective today.

Immigrant visa operations will resume on May 18. The panel physicians will reopen on May 11 to accommodate applicants with consular appointments on or after May 18. Applicants whose appointments were cancelled have been rescheduled for the period June 5 – June 12. Please see the link above for an updated list of rescheduled appointments.

Applicants who have I-601 waiver appointments scheduled after May 7 should proceed to the Consulate as scheduled. Even if previously notified that their appointments were cancelled, applicants should attend their regularly scheduled appointments. Applicants wishing to reschedule should contact the call center at 01-900-849-4949 (from Mexico) or 1-900-476-1212 (from the U.S.).

We will keep you posted.

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U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program.

USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally-mandated 65,000 cap. The agency continues to accept petitions subject to the general cap. Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, they continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.

At this rate, there will be H-1Bs available until sometime in August. Today there are 20,000 H-1B slots that are up for grabs. Last year, employers submitted so many H-1B petitions that an individual’s chance of obtaining H-1B status was only about 40%. The same thing could happen next year leaving many students with no visas.

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The Swine Flu saga continues. Mexico reported three new deaths from the swine flu epidemic Saturday and urged citizens not to let their guard down against a virus that has killed 19 in people in Mexico and is spreading across Asia and Europe.

Health Secretary Jose Angel Cordova said Mexico’s confirmed swine flu cases jumped to 473, including the 19 deaths. The previous death toll in Mexico was 16. A Mexican toddler also died in Texas days ago, for a worldwide total of 20.

In accordance with measures announced by the Government of Mexico to limit the congregation of large crowds to prevent the spread of the H1N1 virus, the U.S. Embassy in Mexico City and the U.S. Consulate General in Ciudad Juarez advise that most consular services are being suspended. The dates listed below may change. The Embassy and Consulate General will monitor the H1N1 situation continuously during the week and will update information on our website if the dates of the suspension of service change.

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Several thousand immigration rights advocates marched in Los Angeles, San Diego and hundreds gathered in the rain in San Francisco on Friday, but crowds in California appeared much smaller than in previous May Day demonstrations.

Marches in downtown Los Angeles took on a festive atmosphere with people carrying signs and banging drums while vendors sold food, cotton candy and ice cream from pushcarts with ringing bells. One group walked to a building housing federal immigration offices and blared salsa music from loudspeakers.

Immigrants and supporters in San Francisco’s Dolores Park hoped to keep immigration reform on Obama’s agenda. They held signs calling for amnesty for undocumented immigrants and an end to immigration enforcement raids. Many argued that allowing undocumented immigrants to become citizens and take a more active role in the economy will improve the country’s financial outlook. Dozens of students participated, many calling for passage of the DREAM Act, which was reintroduced in the U.S. Senate in March, and would make undocumented immigrants brought into the U.S. under the age of 15 eligible for in-state tuition.

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President Obama spoke at a prime time news conference commemorating his 100th day in office today. President Obama seems to be one step closer to being able to secure Comprehensive Immigration Reform. He said the following at the meeting:” I see the process (immigration reform) moving this first year. And I’m going to be moving it as quickly as I can. I’ve been accused of doing too much. We are moving full steam ahead on all fronts. Ultimately, I don’t have control of the legislative calendar, and so we’re going to work with legislative leaders to see what we can do.

At the news conference, reporter Lori Montenegro, asked the following: ” Going forward, my question is, what is your strategy to try to have immigration reform? And are you still on the same timetable to have it accomplished in the first year of your presidency?

And, also, I’d like to know if you’re going to reach out to Senator John McCain, who is Republican and in the past has favored immigration reform?”

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