Monday, October 29, 2012

Biometric Notices for All I-131 Applicants (GC Holder)

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.

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.  

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

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.

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)

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

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.

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.