News of a resolution to Visa Bulletin mess has been floating since last week. However, no press release has yet been issued by USCIS. That is until a few hours ago….

So this is what happened today. The U.S. Department of State (DOS) issued the August 2007 Visa Bulletin late in the afternoon of July 17, 2007, showing “unavailability” in all the employment-based (EB) categories. The DOS also confirmed that they are withdrawing the July 2, 2007 revised Visa Bulletin, so that the original July 2007 Visa Bulletin stands. This means that any employment-based applicants and their family members must file the I-485 under the July 2007 Visa Bulletin, since there are no more visa numbers in the EB category available from August 1st onwards, for the rest of this fiscal year until at least Sep 30, 2007.

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When Microsoft made what appeared to be a minor announcement recently that it would expand its Canadian operations with the creation of the Microsoft Canada Development Centre for software development based in the greater Vancouver, British Columbia, I thought what a way to protest on the failed Immigration Reform Bill.

Gates and his team were among the leading supporters of immigration reform and increase in H1B visa numbers. When the Senate failed to pass the Immigration reform Bill or at least give it a chance to proceed, the Sofware giant protested by taking action, moving operations and jobs abroad, to Canada. Make no mistake about it. That programming group Microsoft will set up in Vancouver won’t be staffed with many Canadians … you’ll find that the programmers in that group will be mainly people on work visas, not Canadian citizens or permanent residents.

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Journalists, reporters, Bloggers and other Media outlets keep calling my office trying to get an explanation as to what happened in July when the new Visa Bulletin was revised, and why is it such a big disaster.

The U.S. State Department surprised the immigration law community, employers and employees alike, in June of this year when it announced that employment based visas would be “current” as of July 1, 2007. They announced this via the Visa Bulletin that is published monthly by the State Department. The fact the The Visa Bulletin was current meant that thousands of applicants finally would be able to file for employment based immigration benefits, some of them after having waited six years or more for backlogs to clear.

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USCIS keeps surprising us all. Effective July 2, 2007, USCIS has temporarily suspended premium processing service for the Immigrant Petition for Alien Worker (Form I-140). USCIS said it anticipates a substantial increase in the number of petitioning employers that will file such petitions because of “pent up demand for preference visa categories.” The volume of I-140 petitions file that request premium processing service is expected to exceed USCIS’s capacity to provide the service, which guarantees that within 15 calendar days of receipt of a petition, USCIS will issue an approval notice, a notice of intent to deny, or a request for evidence, or will open an investigation for fraud or misrepresentation.

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Boy, what nice news to start the week with? USCIS announced this morning that, effective today, it is rejecting all employment-based adjustment of status applications where the priority date is not current under the revised visa bulletin. See Visa Bulletin Link USCIS Service Center Operations has advised AILA lawyers that it will be rejecting ALL employment-based adjustment of status applications received beginning today.

So, Do I Keep Filing?

Many clients have asked whether they should keep filing employment-based adjustment applications in light of today’s announcement by the Department of State

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What a day for Immigration!! Majority Leader Reid (D-NV) held a vote on a motion to invoke cloture early today. A vote on cloture requires approval of 3/5 of the Senate, or 60 votes. The vote to invoke cloture on the underlying bill passed, 64-35. As a result, the Senate will resume consideration this week of amendments to the CIR bill, S. 1639. If the Bill will pass, I will be analyzing it in a special edition of our newsletter as well as on the Blog for the benefit of our readers and the press.

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Many of our readers have been calling the office asking about the status of the Immigration reform. After all, it is all over the news. As much as I like listening to the news, when thet cover immigration law changes, they often get it wrong. They mix the terms, the Green Card process from Citizenship and they (more like Lou Dobbs and Cong. Brian Bilbray) call this debate an amnesty. I call this the right thing to do, NOW.

back in the Senate, Majority Leader Harry Reid (D-NV) has scheduled a procedural vote on a motion to proceed with the Senate immigration reform bill (S. 1639) for Tuesday, June 26, 2007. If the motion passes with 60 or more votes, senators will begin debate on a negotiated list of 24 amendments, split evenly between the two parties.

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If I could get a penny everytime I get into discussions about the “Illegals” in this country, I could be a very rich person by now. The current debate about immigration has divided our nation in so many ways. You can say many things about those that have broken the laws of our nation and entered here illegally, just to get that chance. Shall we reward them for ignoring the rules? I don’t see it as a prize, I see it as a right very well deserved. We are here to help them get there.

Watch the follwing discussion it is how America is so much divided:

US employers can hire foreign workers again thanks to an important and most likely limited opportunity, as we reported in previous posts about the visa retrogression.

Employment based visa numbers are “current” as of July 2007. This means that backlogs which have prevented employers from hiring foreign workers are clear for at least one month or less. Employers who act quickly can obtain work authorization for foreign workers. I assume that because of this opportunity employers and their attorneys around the nation will be seeking to obtain immigration benefits for workers in many occupations, from high tech, Hospitality to health care.

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