The Nebraska Service Center (NSC) of the U.S. Citizenship and
Immigration Services (USCIS) recently announced that, regardless of age,
all applicants who file for reentry permit or refugee travel document
(Form I-131) are being issued biometric appointment notices. The purpose
of these biometric appointments is to capture a digital photograph of
applicants who are not required to submit fingerprints. These NSC
statements came in response to questions submitted by the American
Immigration Lawyers Association (AILA).
Background: I-131 Applications
Form I-131 is used when applying for several different types of
travel documents. The matters discussed here, however, are limited to
I-131 applications filed by lawful permanent residents ("green card"
holders) in order to obtain reentry permits and I-131 applications filed
by refugees in need of travel documents. Reentry permits are needed when permanent residents plan to remain
outside of the United States for more than one year.
Monday, October 29, 2012
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Visa Bulletin Predictions for EB2
This post has been updated: http://topimmigrationnews.blogspot.com/2012/11/updated-visa-bulletin-prediction-for_29.html
In October 24, 2012 meeting, Charles Oppenheim provided important insights and predictions regarding the contents of the U.S. Department of State (DOS) Visa Bulletin for fiscal year 2013 (FY13). Mr. Oppenheim is the Chief of the division within the DOS that is responsible for the visa bulletin.
Mr. Oppenheim stated that he does not expect to be able to move the current EB2 India cutoff date of September 1, 2004 forward at any time in the immediate future. However, his predictions for FY13 indicate the likelihood of limited advancement.
Mr. Oppenheim gave his most optimistic, best-case predictions for EB2 India as reaching an early 2008 cutoff date by the end of the fiscal year. FY13 ends September 30, 2013. So, there is a
In October 24, 2012 meeting, Charles Oppenheim provided important insights and predictions regarding the contents of the U.S. Department of State (DOS) Visa Bulletin for fiscal year 2013 (FY13). Mr. Oppenheim is the Chief of the division within the DOS that is responsible for the visa bulletin.
EB2 Predictions: India
Mr. Oppenheim stated that he does not expect to be able to move the current EB2 India cutoff date of September 1, 2004 forward at any time in the immediate future. However, his predictions for FY13 indicate the likelihood of limited advancement.
Mr. Oppenheim gave his most optimistic, best-case predictions for EB2 India as reaching an early 2008 cutoff date by the end of the fiscal year. FY13 ends September 30, 2013. So, there is a
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Defense of Marriage Act is ruled unconstitutional
The US Second Circuit Court of Appeals issued a major decision this week
ruling the Defense of Marriage Act is unconstitutional. DOMA bars
federal agencies from providing any benefits to individuals in same sex
marriages and unions. And that means US citizens are unable to sponsor
their same-sex spouses for immigration benefits even if the marriage
takes place in one of the growing number of states that allows such
marriages or in a country where same sex marriages are legal. The US
Supreme Court is likely going to be rule on DOMA soon.
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USCIS Extends Temporary Protected Status for Haiti
The Associated Press reports the U.S. government is giving Haitians
displaced by the 2010 earthquake more time to legally live and work
while their Caribbean homeland rebuilds. Department of Homeland Security
Secretary Janet Napolitano has extended Haiti’s Temporary Protected
Status (TPS) for an additional 18 months. The immigration benefits had
been set to expire in January but now Haitians with TPS status can
register for an extension beginning January 23, 2013 through July 22,
2014.
Current Haitian TPS beneficiaries, who have continuously resided in the United States since January 12, 2011 and seek to extend their TPS status, must re-register during the 60-day registration period that runs through November 30, 2012, if they wish to maintain their TPS. USCIS started accepting applications on October 1, 2012 and will continue to accept applications until November 30, 2012. Individuals who have not continuously resided in the United States since January 12, 2011 will not be eligible. The 18 month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD)
Current Haitian TPS beneficiaries, who have continuously resided in the United States since January 12, 2011 and seek to extend their TPS status, must re-register during the 60-day registration period that runs through November 30, 2012, if they wish to maintain their TPS. USCIS started accepting applications on October 1, 2012 and will continue to accept applications until November 30, 2012. Individuals who have not continuously resided in the United States since January 12, 2011 will not be eligible. The 18 month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD)
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US Allows Visa-Free Travel for Taiwanese
The Associated Press reports that the United States recently announced
visa-free travel for Taiwanese visiting America. Starting December 1,
Taiwan joins 36 countries whose nationals can travel to the U.S. for
tourism or business for 90 days without a visa, a privilege not enjoyed
by China.
Since the announcement comes during a U.S. election campaign, it is believed that the move was timed to demonstrate that the Obama administration is sticking up for self-governing Taiwan, an island China claims as part of its territory. However, the new waiver is also seen as a response to Taiwan lifting restrictions on U.S. beef imports and for President Ma Ying-jeou’s easing tensions with China.
The announcement was made at a State Department conference where Secretary of State Hilary Clinton stressed the industry’s importance for creating jobs and promoting economic growth. She said tourists from China and Brazil alone support more than 40,000 jobs in the US.
http://www.google.com/hostednews/ap/article/ALeqM5gFswrYfsvOyLnRFd1bR3pT0h2Gpw?docId=62dbf79ac17140cfa1aea7afead64ae8
Since the announcement comes during a U.S. election campaign, it is believed that the move was timed to demonstrate that the Obama administration is sticking up for self-governing Taiwan, an island China claims as part of its territory. However, the new waiver is also seen as a response to Taiwan lifting restrictions on U.S. beef imports and for President Ma Ying-jeou’s easing tensions with China.
The announcement was made at a State Department conference where Secretary of State Hilary Clinton stressed the industry’s importance for creating jobs and promoting economic growth. She said tourists from China and Brazil alone support more than 40,000 jobs in the US.
http://www.google.com/hostednews/ap/article/ALeqM5gFswrYfsvOyLnRFd1bR3pT0h2Gpw?docId=62dbf79ac17140cfa1aea7afead64ae8
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Microsoft: Shortage of tech workers in the US becoming 'genuine crisis'
Microsoft unveiled a lobbying push on Thursday to produce more
applicants with the skills to fill technology and engineering jobs.
The proposal would boost visas for high-skilled foreign workers and invest millions of dollars in federal funding for education.
Brad Smith, Microsoft's general counsel and executive vice president, said at a press briefing that the lack of qualified job applicants is "approaching the dimensions of a genuine crisis" for tech companies.
The proposal would boost visas for high-skilled foreign workers and invest millions of dollars in federal funding for education.
Brad Smith, Microsoft's general counsel and executive vice president, said at a press briefing that the lack of qualified job applicants is "approaching the dimensions of a genuine crisis" for tech companies.
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H-1B Usage Under-Counted
Reports reveal that USCIS has under-counted H-1B usage by nearly 15%
over the past 5 years.
In fact, data shows that USCIS has approved about 45,000 too few H-1B applications between 2008 and 2012 due to inaccurate estimates of denial rates.
In fact, data shows that USCIS has approved about 45,000 too few H-1B applications between 2008 and 2012 due to inaccurate estimates of denial rates.
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H-1B Backlogs Persist
Several weeks into Fiscal Year 2013, USCIS continues to process an unexpectedly large backlog of H-1B cap cases.
Many petitioning employers are experiencing longer processing delays
than usual, while many foreign-born professionals were unable to start
their employment on October 1 as anticipated
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I-9 Resources in Spanish
USCIS’ I-9 Central is now available online in Spanish and provides employers and employees with important information about the I-9 process and E-Verify.
Read More: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8ad2fa0020d2a310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
Read More: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=8ad2fa0020d2a310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD
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Fast Lane to U.S. Citizenship Reopens
Thousands
of immigrants were so eager to enlist in the American military during the last
two years, despite the strong odds that they could be sent to combat zones,
that they signed a petition on Facebook asking the Pentagon to let them join.
Now they
will have the chance. Late last month, the Pentagon reopened a program to
recruit legal immigrants with special language and medical skills, which was
active for a year in 2009 but was suspended in January 2010.
The
program is small; it will enlist a total of 1,500 recruits each year for two
years, mainly in the Army. But military officials said the yearlong pilot
program brought an unusually well-educated and skilled cohort of immigrants
into the armed services.
“Their
qualifications were really stellar,” said Naomi Verdugo, assistant deputy for
recruiting for the Army. “And we have been very pleased about how these folks
have been performing.”
The
program is open to immigrants on temporary visas, who otherwise would not be
eligible to enlist. Its powerful lure is that it allows them to naturalize as
United States citizens quickly, in most cases at the end of basic training,
which lasts about 10 weeks. Most immigrants on temporary visas, whether they
are students or workers with particular skills, must wait years — for some
nationalities, more than a decade — to become citizens.
Eileen
Lainez, a Pentagon spokeswoman, said the program was intended to fill “some of
our most critical readiness needs.” This time around, the Army is looking for
dentists and surgeons, and for psychology professionals to help with the severe
emotional strains soldiers have undergone in the wars in Afghanistan and Iraq.
Officials
are also looking for native speakers of 44 languages, including Azerbaijani,
Cambodian-Khmer, Hausa and Igbo (both spoken in West Africa), Persian Dari
(spoken in Afghanistan), Portuguese, and Tamil (spoken in South Asia). Spanish
is not on the list of languages.
Recruiting
officers were quietly frustrated that Pentagon officials took more than two years
to restart the program. The renewal became tangled in a broad security review
after the shooting rampage in 2009 at Fort Hood, Tex., according to accounts
from military officials. The background checks for the immigrants were
scrutinized with added caution, even though the man charged in the killings,
Maj. Nidal Malik Hasan, is a native-born American.
In
renewing the program, military officials added a new layer of security
screenings, Ms. Lainez said.
To make
their case to the Pentagon, recruiting officers compiled dossiers on the first
class of immigrants, of whom 943 out of 1,000 were in the Army. On average,
immigrants who enlisted in the Army language program scored 17 points higher
(on a scale of 99) than other applicants on an entrance test, said Capt. Carol
Stahl, who manages the program for the Army. One-third of the first class of
recruits had master’s degrees or higher.
One-third
of the class went into the Special Forces, a highly selective assignment that
can often lead to combat missions, Captain Stahl said. Attrition was
one-quarter the rate of other soldiers who entered at the same time.
A soldier
from Nepal who entered with the first class, Sgt. Saral Shrestha, just won the
Army’s Soldier of the Year award after a grueling four-day competition
involving fighting skills at Fort Lee, Va.
“This was
a boost of very high quality people,” said Margaret Stock, an immigration lawyer in Alaska who is a retired
lieutenant colonel in the Army Reserve and helped devise the program. Even
before they enlist, she said, the immigrants have been screened because they
have to pass background and occupational checks for their temporary visas.
To
qualify, immigrants must have been living in the United States legally for at
least two years. They must be high school graduates and pass the entrance test.
The
program — known as Military Accessions Vital to the National Interest, or Mavni — is not
open to illegal immigrants, who are barred by law from enlisting. In general,
immigrants who are not citizens must have a permanent resident visa, known as a
green card, to enlist.
The first
round filled up quickly, and the Army turned away thousands of people. Many of
them signed the Facebook petition and were hoping the program would start
again.
Health
care professionals, who enlist as officers, must serve either three years of
active duty or six years in the Reserves. Immigrants who enlist based on their
language skills must serve for a minimum of four years of active duty.
Participants who fail to serve their term can lose their citizenship.
One of
the first temporary immigrants the Army accepted
this year was Dr.
Amen Dhyllon, 33, a dentist practicing in Philadelphia who was born in India
and came to the United States in 2006. Dr. Dhyllon said he completed a
postdoctoral program at the University of Pennsylvania in June combining two
dental specialties.
Dr.
Dhyllon said he was eager to become an American citizen.
“Even in
the position where I am today,” he said, “no one would appreciate me as much as
people appreciate me here. This country does not differentiate between color or
accent. Here, if you are good, people will put you to the front.”
Dr.
Dhyllon said he was not worried about the risks of service. He said he was
attracted to the Army because of the wide range of patients he would see.
“I can be
part of the culture,” he said. “I can learn everything about this country from
the root.”
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DACA application rate as of 10/24/12
DHS Security Secretary Janet Napolitano
said on Wednesday, 10/24/2012, that more than 3,000 young illegal
immigrants are applying for DACA deferred deportation every day
reaching the total number of applications to about 200,000.
According to the office release of 10/12/2012, it reached close to 180,000. Accordingly in two weeks, about 20,000 applications were received by the DHS.
Read More: http://thehill.com/blogs/blog-briefing-room/news/263937-napolitano-says-200k-illegal-immigrants-have-applied-for-deferred-deportation
According to the office release of 10/12/2012, it reached close to 180,000. Accordingly in two weeks, about 20,000 applications were received by the DHS.
Read More: http://thehill.com/blogs/blog-briefing-room/news/263937-napolitano-says-200k-illegal-immigrants-have-applied-for-deferred-deportation
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USCIS I-140 and EB-I-485 Processing Statistics at the End of August 2012
I-140 Processing
Statistics:
EB-I-485 Processing Statistics:
TSC | NSC | National | |
Pending | 10,300 | 6,790 | 17,133 |
Customer action waiting | 1,947 | 2,256 | 4,203 |
Completed | 4,308 | 2,124 | 6,485 |
New receipts | 4,399 | 3,487 | 7,886 |
EB-I-485 Processing Statistics:
TSC | NSC | National | |
Pending | 45,177 | 18,945 | |
Preadjudicated | 49,506 | 48,599 | 98,212 |
Customer action waiting | 3,603 | 9,181 | |
Completed | 6,672 | 9,181 | |
New receipts | 4,521 | 8,136 |
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USCIS Service Centers Processing Time Target Goal for Each Type of Petition/Application as of 08/31/2012
- The following table for the national target processing times for different types of applications and petitions of the USCIS will help readers to understand the current USCIS Monthly Processing Times Report as of 08/31/2012 and as released on 10/19/2012.
Form Number | Type of Visas | Target Proc Times |
Immigrant Proc: | ||
I-130 |
FB-Based Petition | 5 Mos |
I-360 |
Rel Wkr Petitions | 5 Mos |
I-140 |
EB Petitions | 4 Mos |
EB-485 |
EB Green Card | 4 Mos |
EB765/131 |
EAD/AP | 3 Mos |
Nonimmigrant Proc | ||
I-129F |
Fiancee Petition | 5 Mos |
I-129H |
H-1B Petition | 2 Mos |
I-129L |
L-1 Petition |
1 Mo for Regular 2 Mos for Blanket |
I-129 others |
E,O,P,Q,TN Visa Petitions | 2 Mos |
I-129R |
Religious Wkr | 5 Mos |
I-539 |
All Types | 1.5 Mos |
- With the foregoing information, readers can visit the USCIS latest processing times reports to learn how much each of the five service centers is experiencing delays. However, readers should use the monthly processing times reports for each type to plan for filing each of the different types of petitions or applications not to encounter a problem with either status maintenance or employment authorization or other issues.
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DHS Final Rule of Designation of Taiwan for Visa Waiver Program with Effective Date of 11/01/2012
- The benefit of this designation takes effect on November 1, 2012. This final rule adds Taiwan to the list of countries authorized to participate in the VWP. Accordingly, beginning November 1, 2012, eligible travelers possessing Taiwan electronic passports with valid personal identification numbers (household registration numbers) may apply for admission to the United States at U.S. ports of entry as nonimmigrant visitors for a period of ninety days or less for business or pleasure without first obtaining a nonimmigrant visa, provided that they are otherwise eligible for admission under applicable statutory and regulatory requirements.
- This final rule will be officially published in the federal register on Monday, 10/22/2012. For the advance copy, please click here.
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USCIS Naturalization Application Processing Data Through the End of 08/31/2012
USCIS Naturalization Application Processing Data Through the End of 08/31/2012:
- Approval and Denials by each field office (FY 2010 - FY 2012 August)
- Monthly Cycle Time (March thru August 2012
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Wednesday, October 17, 2012
FY-2012 USCIS Service-wide New Receipts & Approvals of All Types of Applications/Petitions (10/01/2011 - 06/30/2012)
FY-2012 USCIS Service-wide
New Receipts & Approvals
of All Types of Applications/Petitions (10/01/2011 - 06/30/2012)
This statistics is about one quarter (3 months) behind to learn actual status. However, it gives a general picture of the volumes of new receipts and approvals for 9 months in this FY-2012.
Link: http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/all-form-types-performance-data_fy2012_qtr3.pdf
This statistics is about one quarter (3 months) behind to learn actual status. However, it gives a general picture of the volumes of new receipts and approvals for 9 months in this FY-2012.
Link: http://www.uscis.gov/USCIS/Resources/Reports%20and%20Studies/Immigration%20Forms%20Data/All%20Form%20Types/all-form-types-performance-data_fy2012_qtr3.pdf
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Taking Effect of U.S.-Russian Adoption Agreement on 11/01/2012 and USCIS Scheduling of Stakeholder Teleconference 10/18/2012
- The USCIS has announced that
USCIS and the Department of State (State) would invite interested
parties to participate in a stakeholder engagement concerning
the U.S.-Russian Adoption Agreement, which will enter into force
on Thursday, November 1, 2012. The engagement will take place
on Thursday, October 18, 2012, from 1:00- 2:00 pm (Eastern).
USCIS and State subject matter experts will provide information
regarding:
" The provisions of the Agreement;
" How the Agreement will affect processing going forward;
" Which provisions of the Agreement will take effect immediately and which will take effect later; and
" The transition plan for cases already in progress as of entry into force.
We are pleased that the Agreement will soon enter into force and believe that its provisions will improve the process of inter country adoptions between the United States and Russia. Adoption processing will continue uninterrupted as we make the transition, so we encourage your participation in this informational teleconference to explain how implementation of the Agreement will unfold. - Read also FAQ on this Agreement.
- Full Text of Agreement
Link: http://content.govdelivery.com/bulletins/gd/USDHSCIS-577e7d
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GAO Reports 90% Approval Rates for H-2A Temporary Agricultural Worker Cases in 2011
Government Accountability Office Report indicates that in 2011, 90% of H-2A cases were approved. However, this record of success is hampered by the procedural delays which are caused by the agencies' recent reinforcement of "integrity" in processing cases affecting the agricultural industry and the farm employers.
It reports that about 60% of cases had to go through request for evidence or other scruitiny before the agencies completed the cases causing substantial delays in the processing times. Lately the DOL launched an electronic filing process which is likely to help to reduce the processing times but continued focus on integrity is likely to cause delays in the processing times. For the full report, please see below:
Link: http://www.gao.gov/assets/650/648175.pdf
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USCIS DACA Receipts & Processing Volumes Reflect a Remarkable Change During Less Than One Month
USCIS DACA Receipts & Processing Volumes Reflect a Remarkable Change During Less Than One Month. Here is a quick overview:
As Of | Receipts Total | Bio Scheduled | Review Ready | Approvals |
10/10/2012 | 179,794 | 158,408 | 6,416 | 4,591 |
09/13/2012 | 82,361 | 63,717 | 1,660 | 29 |
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USCIS DACA Processing Statistics as of 10/10/2012
Processing of DACA for Dreamers
has witnessed noticeable progress by approving 4,591 applications
out of total receipt of 179,794 as of October 10, 2012.
Summary: Receipts=179,794 and Approved=4,591
Summary: Receipts=179,794 and Approved=4,591
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November visa bulletin released
Family-Sponsored:
Family-Sponsored | All Charge-ability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
F1 | 01NOV05 | 01NOV05 | 01NOV05 | 22JUN93 | 01JUL97 |
F2A | 15JUL10 | 15JUL10 | 15JUL10 | 22JUN10 | 15JUL10 |
F2B | 08OCT04 | 08OCT04 | 08OCT04 | 15OCT92 | 15FEB02 |
F3 | 01JUN02 | 01JUN02 | 01JUN02 | 15FEB93 | 22JUL92 |
F4 | 22MAR01 | 15MAR01 | 22MAR01 | 08JUL96 | 01MAR89 |
Employment- Based
Employment- Based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
1st | C | C | C | C | C |
2nd | C | 01SEP07 | 01SEP04 | C | C |
3rd | 22NOV06 | 15APR06 | 22OCT02 | 22NOV06 | 08AUG06 |
Other Workers | 22NOV06 | 01JUL03 | 22OCT02 | 22NOV06 | 08AUG06 |
4th | C | C | C | C | C |
Certain Religious Workers | C | C | C | C | C |
5th Targeted Employment Areas/ Regional Centers and Pilot Programs |
C | C | C | C | C |
Link: http://www.travel.state.gov/visa/bulletin/bulletin_5779.html
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Thursday, October 11, 2012
Same-Sex Partners Recognized as Family Relationship
The U.S. Department of Homeland Security (DHS) recently issued
correspondence stating that the relationship between long-term, same-sex
partners will be recognized as a family relationship in a specific,
limited context. The letter from Janet Napolitano, DHS Secretary,
addressed the term family relationship as a factor to be considered by U.S. Immigration and Customs Enforcement (ICE) when exercising prosecutorial discretion.
Read more:
http://www.nytimes.com/2012/09/29/us/homeland-security-puts-it-in-writing-on-immigration-policy-and-gay-couples.html?_r=0
http://www.reuters.com/article/2012/09/29/us-usa-immigration-gays-idUSBRE88S02H20120929
http://www.murthy.com/2012/10/08/same-sex-partners-recognized-as-family-relationship/
Read more:
http://www.nytimes.com/2012/09/29/us/homeland-security-puts-it-in-writing-on-immigration-policy-and-gay-couples.html?_r=0
http://www.reuters.com/article/2012/09/29/us-usa-immigration-gays-idUSBRE88S02H20120929
http://www.murthy.com/2012/10/08/same-sex-partners-recognized-as-family-relationship/
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Unlike Healthcare Benefits, Social Security Number is Available for the DACA Approved Dreamers
DACA beneficiaries have witnessed
challenges with government benefits in various areas at federal
or state government levels, but Social Security Administration
accomodates Social Security Numbers to DACA which are essential
for DACA beneficiaries to work. Read DACA SSN.
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Grassley, Smith Question Process for DACA Approvals
Republican Senator Grassley and Smith wrote a letter to the DHS Secretary
demanding to disclose and publish every weekly detail of the
DACA statistics and processing. Reportedly, these legislators
have failed to receive the demanded data and wrote a follow-up
letter to the DHS Secretary and the USCIS Director, this time
questioning legitimacy of DACA approval procedures.
One wonders whether this action will help Republican Presidential candidate Romney's late move to reach the Hispanic voters by loosening up his earlier position on the DACA issues. Read on.
One wonders whether this action will help Republican Presidential candidate Romney's late move to reach the Hispanic voters by loosening up his earlier position on the DACA issues. Read on.
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High level Overview of EB and FB Employment-Based Immigrant Visa Cut-Off Date Changes (FY 1992 - FY 2012 Ending 09/30/2012)
Overview of Employment-Based
Immigrant Visa Cut-Off Date Changes (FY 1992 - FY 2012 Ending
09/30/2012)
Overview of Family-Based Immigrant Visa Cut-Off Date Changes (FY 1992 - FY 2012 Ending 09/30/2012)
Overview of Family-Based Immigrant Visa Cut-Off Date Changes (FY 1992 - FY 2012 Ending 09/30/2012)
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Urgent Advisory for DACA Applicants: Do Not Write C14 on Item 16 of I-765 EAD Application Form
USCIS advises that in filling
out I-765 employment authorization application form, DACA applicant
should write in C33 instead of C14.
The C-14 is for regular Deferred Action applicants applying for EAD. The C-33 is DACA applicants applying for EAD.
Mistake can cause delays or problems in obtaining employment authorization! Please check a copy of I-765 form which you have filed. See page 5 of the current I-765 instructions.
The C-14 is for regular Deferred Action applicants applying for EAD. The C-33 is DACA applicants applying for EAD.
Mistake can cause delays or problems in obtaining employment authorization! Please check a copy of I-765 form which you have filed. See page 5 of the current I-765 instructions.
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USCIS Official Notice of 3-Year Extension of 4-Sunsetting Immigration Programs Through 09/30/2015
USCIS Program Extension Alert
U.S. Citizenship and Immigration Services (USCIS) advises the public that Public Law 112-176, signed by the President on Sept. 28, 2012, extends the following USCIS programs until Sept. 30, 2015:- E-Verify
- Immigrant Investor (EB-5) Pilot Program
- Special immigrant visa category for non-minister special immigrant religious workers
- The date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the Conrad 30 program.
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USCIS I-129 Temporary Worker Petition Statistics Reflecting Clogged Processing of the Cases
FY 2013 H-1B cap case processing
has been witnessing delays giving some hardships to the employers
that hire foreign professional workers. The following data reflect
the clogged state of I-129 processing assuming that the majority
of those cases involved H-1B cases:
I-129 Statistics April Through
August 2012
At the End of: | New Receipts | Total Pending |
April 2012 | 23,682 | 72,300 |
June 2012 | 56,935 | 123,398 |
July 2012 | 27,519 | 117,982 |
August 2012 | 28,664 | 106,336 |
Note: In calendar
year 2012, the FY-2013 H-1B cap reached in early June 2012. Since
then no cap cases have been filed. Total pending cases have not
been moving much, considering the fact the new receipts in each
recent month were only less than 29,000. There was information
that Vermont and California Service Centers may add the pace of
processing of H-1B cases beginning from September or October 2012,
but we will have to wait and see. As for the H-1B professionals
who have been suffering most are those who were in OPT that expired
after filing H-1B cap petitions and have been working on automatic
employment authorization, which expired at the end of September
2012. The latest USCIS monthly processing times report indicated
that as of the end of August 2012, CSC was processing 06/04/2012
Receipt Cases and VSC was processing 05/07/2012 cases. Remembers
these statistics include those which are filed with the Premium
Processing Requests which they had to adjudicate in 15 calendar
days. August statistics are not available, the July 2012 statistics
reflected that USCIS processed 46,835, all I-129 cases including
all EB nonimmigrant cases, including extension and change of status,
and in H-1B cases including cap and non-cap cases, out of which
the USCIS completed 36,728 cases and 10,107 cases were placed
on either RFE or NOID or other customer actions
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Thursday, October 4, 2012
Diversity Visa – 2014 Green Card Lottery - Part 2
Read Part 1: http://topimmigrationnews.blogspot.com/2012/10/diversity-visa-2014-green-card-lottery.html
What if someone else submits my application?
The
good news is that an original signature is no longer necessary so it
will be easier to have other people submit an application on your
behalf. Note, however, that if more than one application is submitted
for an applicant, the applicant will be disqualified.
In what region is my native country assigned?
(1) Africa
· Algeria
· Angola
· Benin
· Botswana
· Burkina Faso
· Burundi
· Cameroon
· Cape Verde
· Central African Republic
· Chad
· Comoros
· Congo
· Congo , Democratic Republic of the
· Cote d'Ivoire (Ivory Coast)
· Djibouti
· Egypt
· Equatorial Guinea
· Eritrea
· Ethiopia
· Gabon
· Gambia, The
· Ghana
· Guinea
· Guinea-Bissau
· Kenya
· Lesotho
· Liberia
· Libya
· Madagascar
· Malawi
· Mali
· Mauritania
· Mauritius
· Morocco
· Mozambique
· Namibia
· Niger
· Nigeria
· Rwanda
· Sao Tome and Principe
· Senegal
· Seychelles
· Sierra Leone
· Somalia
· South Africa
· South Sudan
· Sudan
· Swaziland
· Tanzania
· Togo
· Tunisia
· Uganda
· Zambia
· Zimbabwe
(2) Asia
· Afghanistan
· Bahrain
· Bangladesh (not eligible for DV-2014)
· Bhutan
· Brunei
· Burma
· Cambodia
· China (not eligible for DV-2014)
· East Timor
· Hong Kong Special Administrative Region
· India (not eligible for DV-2014)
· Indonesia
· Iran
· Iraq
· Israel
· Japan
· Jordan
· Korea, North
· Korea, South (not eligible for DV-2013)
· Kuwait
· Laos
· Lebanon
· Macau Special Administrative Region
· Malaysia
· Maldives
· Mongolia
· Nepal
· Oman
· Pakistan (not eligible for DV-2013)
· Philippines (not eligible for DV-2013)
· Qatar
· Saudi Arabia
· Singapore
· Sri Lanka
· Syria
· Taiwan
· Thailand
· Timor Leste
· United Arab Emirates
· Vietnam (not eligible for DV-2014)
· Yemen
(3) Europe
· Albania
· Andorra
· Armenia
· Austria
· Azerbaijan
· Belarus
· Belgium
· Bosnia and Herzegovina (including components)
· Bulgaria
· Croatia
· Cyprus
· Czech Republic
· Denmark (including components and dependent areas overseas)
· Estonia
· Finland
· France (including components and dependent areas overseas)
· Georgia
· Germany
· Greece
· Hungary
· Iceland
· Ireland
· Italy
· Kazakhstan
· Kyrgyzstan
· Latvia
· Liechtenstein
· Lithuania
· Luxembourg
· Macedonia, The Former Yugoslav Republic of
· Malta
· Moldova
· Monaco
· Montenegro
· Netherlands (including components and dependent areas overseas)
· Northern Ireland
· Norway
· Poland
· Portugal
· Romania
· Russia
· San Marino
· Serbia
· Slovakia
· Slovenia
· Spain
· Sweden
· Switzerland
· Tajikistan
· Turkmenistan
· Turkey
· Ukraine
· United
Kingdom (not eligible for DV-2014; NOTE: natives of Northern Ireland
are eligible, but natives of Anguilla, Bermuda, British Virgin Islands,
Cayman Islands, Falkland Islands, Gibraltar, Montserrat, Pitcairn, St.
Helena, and the Turks and Caicos Islands are not eligible)
· Uzbekistan
· Vatican City (an independent city under the jurisdiction of the Holy See)
(4) North America
· Bahamas, The
· Canada (not eligible for DV-2014)
· United States
(5) Oceania
· Australia (including components and dependent areas overseas)
· Fiji
· Kiribati
· Marshall Islands
· Micronesia, Federated States of
· Nauru
· New Zealand (including components and dependent areas overseas)
· Palau
· Papua New Guinea
· Solomon Islands
· Tonga
· Tuvalu
· Vanuatu
· Western Samoa
(6) South America, Mexico, Central America, and the Caribbean
· Antigua and Barbuda
· Argentina
· Barbados
· Belize
· Bolivia
· Brazil (not eligible for DV-2014)
· Chile
· Colombia (not eligible for DV-2014)
· Costa Rica
· Cuba
· Dominica
· Dominican Republic (not eligible for DV-2014)
· Ecuador (not eligible for DV-2013)
· El Salvador (not eligible for DV-2013)
· Grenada
· Grenadines
· Guatemala
· Guyana
· Haiti (not eligible for DV-2014)
· Honduras
· Jamaica (not eligible for DV-2014)
· Mexico (not eligible for DV-2014)
· Nicaragua
· Panama
· Paraguay
· Peru (not eligible for DV-2014)
· St. Kitts and Nevis
· St. Lucia
· St. Vincent and the Grenadines
· Suriname
· Trinidad and Tobago
· Uruguay
· Venezuela
How do I apply for the lottery?
On October 2nd, the web site http://www.dvlottery.state.gov
will go online until noon EDT, Saturday, November 3rd, 2012 and
applicants must provide the following information and documentation:
1. FULL NAME - Last/Family Name, First Name, Middle name
2. DATE OF BIRTH - Day, Month, Year
3. GENDER - Male or Female
4. CITY/TOWN OF BIRTH
5. COUNTRY OF BIRTH - The name of the country should be that which is currently in use for the place where the applicant was born.
6. APPLICANT PHOTOGRAPH
7. MAILING ADDRESS - Address, City/Town, District/Country/Province/State, Postal Code/Zip Code, Country
8. PHONE NUMBER (optional)
9. E-MAIL ADDRESS (optional)
10. COUNTRY OF ELIGIBILITY IF THE APPLICANT’S NATIVE COUNTRY IS DIFFERENT FROM COUNTRY OF BIRTH - See discussion above regarding claiming another country other than your country of birth.
11. MARRIAGE STATUS - Yes or No
12. NUMBER OF CHILDREN THAT ARE UNMARRIED AND UNDER 21 YEARS OF AGE
13. SPOUSE INFORMATION - Name, Date of Birth, Gender, City/Town of Birth,
Country of Birth, Photograph
14. CHILDREN INFORMATION - Name, Date of Birth, Gender, City/Town of Birth, Country of Birth, Photograph
NOTE:
Entries must include the name, date and place of birth of the
applicant’s spouse and all natural children, as well as all
legally-adopted and stepchildren, who are unmarried and under the age of
21, excepting those children who are already U.S. citizens or Legal
Permanent Residents, even if you are no longer legally married to the
child’s parent, and even if the spouse or child does not currently
reside with you and/or will not immigrate with you. Note that married
children and children 21 years or older will not qualify for the
diversity visa. Failure to list all children will result in your
disqualification for the visa.
Applicants
will receive an electronic confirmation indicating that the application
was properly received. This is an improvement on the old paper
application system where one had to take it on faith that the
application was properly received by the State Department.Link: http://www.visalaw.com/greencard.html
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