Reminder for Requesting DACA

From USCIS: If you request either initial or renewal Deferred Action for Childhood Arrivals (DACA), you must submit Form I-765, Application for Employment Authorization and required fees.

USCIS will reject your request if you fail to submit Form I-765, the required filing fee, Form I-765 Worksheet, and Form I-821D, Consideration of Deferred Action for Childhood Arrivals. For complete instructions on requesting DACA, go to the Consideration of Deferred Action for Childhood Arrivals (DACA) page.

For DACA renewals, USCIS strongly encourages you to submit your renewal request between 150 days and 120 days before the expiration date located on your current Form I-797 DACA approval notice and Employment Authorization Document.

Filing during this window will minimize the possibility that your current period of DACA will expire before you receive a decision on your renewal request.

Latest USCIS Visa Bulletin Predictions

The American Immigration Lawyers Association (AILA) recently met again with Charles Oppenheim to discuss the current demand and expected movements in various visa bulletin categories.

Charles Oppenheim is the Chief of the Visa Control and Reporting Division within Department of State (DOS). Please see the important details below:

EB2 India: As mentioned in the earlier blog post, DOS has started moving dates forward in EB2 India starting from February 2015 Visa Bulletin. The expected forward movement is 4-6 months for the next several months.

Since the dates are moving slowly, most of the visas would be allocated to EB3 India who are upgrading to EB2 India; since very few original EB2 India are remaining at this date. If the porting continues to increase, DOS is expecting dates to move forward by maximum Summer 2009 for FY 2015. This is similar to dates reached by EB2 India for FY 2014.

PERM Processing Statistics As Of 12/31/2014

CBP Announces Reciprocal Arrangement with Germany for Trusted Traveler Programs

From CBP: U.S. Customs and Border Protection announces a reciprocal arrangement with Germany for each nation’s trusted traveler program—the U.S. Global Entry program and the German EasyPASS. Global Entry and EasyPASS allow expedited clearance for pre-approved, low-risk travelers.

“CBP is pleased to further our partnership with Germany by offering Global Entry to German citizens,” said Commissioner R. Gil Kerlikowske. “Global Entry and the German EasyPASS program allow our officers to focus more on travelers we do not know while at the same time efficiently and securely facilitating low-risk travelers.”

Currently available at 42 U.S. airports and 12 preclearance locations, Global Entry streamlines the screening process at airports for trusted travelers. More than 1.8 million members are enrolled in Global Entry and approximately 50,000 new applications for the program are filed monthly. As an added benefit, Global Entry members are also eligible to participate in the TSA Pre✓™ expedited screening program.

EasyPASS is an automated border control system available to registered third-country nationals when entering Germany. EasyPASS uses eGates as a simple, quick and convenient alternative to traditional border controls. The automated border control system is easy to operate and allows for quicker processing at border crossings. The system does not replace manual border checks, but is an additional service.

Revised Form I-129 Now Available

USCIS recently published revised Form I-129, Petition for a Nonimmigrant Worker. The revised Form I-129 is labeled with an Oct. 23, 2014, edition date. You can download the revised form and details about who may file Form I-129 from the USCIS forms website.

Starting on May 1, 2015, USCIS will accept only the Oct. 23, 2014, edition of Form I-129. USCIS will not accept previous editions of Forms I-129 (edition dates: Oct. 7, 2011, Jan. 19, 2011, and Nov. 23, 2010) on or after May 1, 2015.

USCIS Visa Bulletin Predictions From March 2015 - May 2015

Department of State have posted their visa bulletin prediction for the next few months:

FAMILY-sponsored categories (potential monthly movement):

Worldwide dates:

• F1: Up to three weeks

• F2A: Three or four weeks

• F2B: Three to six weeks

• F3: Up to three weeks

• F4: Two to four weeks

EMPLOYMENT-based categories (potential monthly movement):

Employment First: Current

Employment Second:

• Worldwide: Current

• China:        Three to six weeks

• India:         Four to six months

Temporary Protected Status Extended for El Salvador

From USCIS: Secretary of Homeland Security Jeh Johnson has extended Temporary Protected Status (TPS) for eligible nationals of El Salvador for an additional 18 months, effective March 10, 2015, through Sept. 9, 2016.
Current TPS El Salvador beneficiaries seeking to extend their TPS must re-register during the 60-day re-registration period that runs from Jan. 7, 2015, through March 9, 2015. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to re-register as soon as possible once the 60-day re-registration period begins. USCIS will not accept applications before Jan. 7, 2015.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible TPS El Salvador beneficiaries who re-register during the 60-day period and request a new EAD will receive one with an expiration date of Sept. 9, 2016.

USCIS recognizes that some re-registrants may not receive their new EAD until after their current one expires. Therefore, USCIS is automatically extending current TPS El Salvador EADs that have a March 9, 2015, expiration date for an additional six months. These existing EADs will now be valid through Sept. 9, 2015.

DHS Announces 18-Month Redesignation and 18-Month Extension of Temporary Protected Status for Syria

From USCIS: Secretary of Homeland Security Jeh Johnson has redesignated Syria for Temporary Protected Status (TPS) and extended the existing TPS designation for the country from April 1, 2015, through Sept. 30, 2016. This allows eligible nationals of Syria (or persons without nationality who last habitually resided in Syria) to register or re-register for TPS in accordance with the notice published today in the Federal Register.

Who is Eligible	Current TPS Status	Where to File
Current TPS beneficiaries from Syria	Have TPS	To extend your TPS, you must re-register during a 60-day re-registration period that runs from Jan. 5, 2015, through March 6, 2015.
Syrian nationals and persons without nationality who last habitually resided in Syria, who have: Continuously resided in the United States since Jan. 5, 2015, and Been continuously physically present in the United States since April 1, 2015.	Do not have TPS	To obtain TPS, you may apply for TPS during a 180-day initial registration period that runs from Jan. 5, 2015, through July 6, 2015.

During the past year, the Department of Homeland Security and the Department of State reviewed the conditions in Syria. Based upon this review, Secretary Johnson determined that a redesignation and 18-month extension of TPS for Syria is warranted due to an ongoing armed conflict and extraordinary and temporary conditions in Syria that prevent its nationals from returning in safety.

March 2015 Visa Bulletin Predictions

For February 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/01/february-2015-visa-bulletin.html

For the official March 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/02/march-2015-visa-bulletin.html

Please see March 2015 Visa Bulletin Predictions below (for both Family Based and Employment Based):

Quick Summary:

• EB1, EB4, EB 5: Current
• EB2 Rest Of World: Current
  EB2 China: 1-2 months
  EB2 India: 4-6 months. Please see article 1. Also see article 2.
• EB3 (ROW, Mexico): 4-8 months. Please see article.
  EB3 China: 4-8 months
  EB3 India: 1-2 weeks
  EB3 Philippines:  4-8 months. Please see article.
• FB categories: 1 to 12 weeks Please see article.
• F2A: 3-6 weeks. Please see article.

Family Based:

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	15AUG07	15AUG07	15AUG07	22OCT94	01FEB05
F2A	08JUN13	08JUN13	08JUN13	01JUN13	08JUN13
F2B	15JUL08	15JUL08	15JUL08	22JAN95	08MAR04
F3	08JAN04	08JAN04	08JAN04	08FEB94	01AUG93
F4	08MAY02	08MAY02	08MAY02	08MAY97	08SEP91

Employment Based:

February 2015 Visa Bulletin Analysis

For February 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/01/february-2015-visa-bulletin.html

Please see below analysis of February 2015 Visa Bulletin:

EB1: All EB1 categories are current and should continue to remain current for fiscal year. Demand continues to be around 1200-1400 every month (per the latest pending inventory).

EB2 ROW: This category continues to remain current. Demand in EB2ROW continues to be very low at an average of around 800 per month. 

EB2 China: EB2 China moved forward by 6 weeks in this visa bulletin. It is likely to continue to move forward around 4 to 6 weeks per month.

EB2 India: As we had mentioned earlier, there was finally forward movement in EB2 India. After careful consideration, Department of State has decided to slowly move EB2 India dates forward starting from February Visa Bulletin, instead of waiting till around July Visa Bulletin (when demand and spillover from other category is better known).

The advantage is that dates would slowly move forward in EB2 India. The biggest disadvantage is who will get the maximum number of visas. Earlier when dates moves forward around July VB there was a 50-50 chance of either EB2 India or EB3 India porting to EB2 India to get the visa.

Now, DOS has decided to move dates slowly in February Visa Bulletin. Most of the EB2 India already would have approved (for PD around 2005). This means majority of visas would go to EB3 India porting to EB2 India (since there are very few original EB2 India remaining at this date).

February 2015 Visa Bulletin

For January 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2014/12/january-2015-visa-bulletin.html

For Analysis of February 2015 Visa Bulletin, please click here: http://blog.mygcvisa.com/2015/01/february-2015-visa-bulletin-analysis.html

February 2015 Visa Bulletin has been released (valid from February 1 to February 28 only). Please see below for more details.

Family Based:

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	22JUL07	22JUL07	22JUL07	01OCT94	08JAN05
F2A	08MAY13	08MAY13	08MAY13	22APR13	08MAY13
F2B	22MAY08	22MAY08	22MAY08	15DEC94	22FEB04
F3	01JAN04	01JAN04	01JAN04	15JAN94	15JUL93
F4	15APR02	15APR02	15APR02	22APR97	08AUG91

Employment Based:

18 US States filed lawsuit to stop President Obama's immigration executive action

Florida Attorney General Pam Bondi announced that Sunshine State would join a federal lawsuit to block President Barack Obama's executive action sparing as many as 5 million undocumented immigrants from deportation.

Other states joining are Texas, Alabama, Georgia, Idaho, Indiana, Kansas, Louisiana, Maine, Mississippi, Montana, Nebraska, North Carolina, South Carolina, South Dakota, Utah, West Virginia and Wisconsin.

Of the 18 states now suing the Obama administration over immigration, all have Republican governors or Republican attorneys general. But Florida is the only major swing state with a significant Hispanic population, making Bondi's decision a potential presidential campaign issue as the 2016 election cycle gets underway.

“The President is abdicating his responsibility to faithfully enforce laws that were duly enacted by Congress and attempting to rewrite immigration laws, which he has no authority to do — something the President himself has previously admitted,” Texas Attorney General Greg said in a statement.

US and China to Extend Visas for Short-term Business Travelers, Tourists, and Students

The United States will begin issuing visas in accordance with a new reciprocal arrangement on November 12, 2014.

Chinese applicants who qualify for a B-category nonimmigrant visa (NIV) may now be issued multiple-entry visas for up to 10 years for business and tourist travel.

Qualified Chinese students and exchange visitors and their dependents who qualify for F, M, or J-category visas are now eligible for multiple-entry visas valid for up to five years or the length of their program.