If you missed part 1, please click here: http://blog.mygcvisa.com/2013/02/new-updates-from-charles-oppenheim-dos.html
Notes From Previous Meetings:
Q. Why did the priority dates move ahead so far in 2012
and then retrogress so drastically?
A. USCIS encouraged Mr. Oppenheim’s
office to move the categories forward so much in January, February, and
March of 2012. USCIS reported that they had a lot of approved petitions
but they were not receiving enough I-485s. USCIS wanted the cut-off
dates moved even more in March 2012, but DOS resisted, since there
already appeared to be heavy demand. In February, the demand had already
increased 50%. In addition, USCIS said that they believed that
adjudication of EB-1 cases would be at the same rate as last fiscal
year, and this was not the case. It could be due to the fact that many
EB-1 cases had very long adjudication times with USCIS.
USCIS also
advised a 4-6 month timeline in the processing of I-485s, and then they
processed a lot of cases in 3 months, which increased the demand as well
for visa numbers this past fiscal year.
The group of
cases that were filed in July and August of 2007, when all
employment-based categories were made “current,” were all completed by
November 2011, and at that point, Mr. Oppenheim’s office had to depend
on USCIS estimates for adjudication of cases. Mr. Oppenheim’s office had
no pre-adjudicated cases that gave him a point of reference to
determine what was left or pending. Mr. Oppenheim’s office has been very clear that they do not like retrogression.
Mr.
Oppenheim’s office believes that there are 10,000 to 15,000 numbers
used for upgrades every fiscal year. In March 2012, alone, 3,200 numbers
were used to approve China and India adjustments that were EB-3 to EB-2
upgrades. The actual break down was 2,800 from India and 500 from
China. All of these cases had priority dates before 2007, so clearly,
they were upgrades. For example, 363 of the 2,800 EB-2 cases from India
that were approved in March 2012, had a 2005 priority date. In March
2012, alone, over 1,000 numbers were used for applications from the
worldwide quota that had priority dates before 2010, so these were
likely upgrades as well.
Monday, February 25, 2013
Updated: More Predictions From Charles Oppenheim On Visa Bulletin Movements
Note: This post was updated with LOTS of new information on March 11, 2013.
Charles Oppenheim in the latest meeting with various attorneys at AILA on January 31, 2013 gave his prediction on the visa numbers and dates for the next few visa bulletins. If you don't know, Charles Oppenheim creates and publishes the monthly visa bulletin. He works at Department of State (DOS) and is the Chief of "Visa Control and Reporting Division".
Here are his thoughts on future movements in the upcoming visa bulletin:
EB1: EB1 India and EB1 China have already used up their number for fiscal year 2013. However due to spillovers rules, EB1ROW numbers can be transferred to EB1 India and China. This means there would not be a need for a cutoff date for EB1 India and China.
EB2 ROW: This category is expected to remain current throughout the fiscal year. However, depending on demand they may introduce a cutoff date towards the end of the fiscal year, not unlike what happened during the summer of 2012.
EB2 India: The porting from EB3 India to EB2 India is still very high. In December 2012 alone, EB2 India had 125 cases approved from year 2003 and earlier. Since the current EB2 India date is 2004, EB2 India can easily reach the annual limit just from people porting from EB3 India. The good news in that there will be (usual) spillovers of number from EB1 category to EB2 category. Current numbers indicate that there are approximately 42,000 India EB2 cases in line with priority dates prior to May 2010. EB-2 India demand continues to be very high, and it is possible that the cutoff date may be retrogressed during this fiscal year. It is still unknown how many EB5 and EB1 numbers will fall down to EB2.
Charles Oppenheim in the latest meeting with various attorneys at AILA on January 31, 2013 gave his prediction on the visa numbers and dates for the next few visa bulletins. If you don't know, Charles Oppenheim creates and publishes the monthly visa bulletin. He works at Department of State (DOS) and is the Chief of "Visa Control and Reporting Division".
Here are his thoughts on future movements in the upcoming visa bulletin:
EB1: EB1 India and EB1 China have already used up their number for fiscal year 2013. However due to spillovers rules, EB1ROW numbers can be transferred to EB1 India and China. This means there would not be a need for a cutoff date for EB1 India and China.
EB2 ROW: This category is expected to remain current throughout the fiscal year. However, depending on demand they may introduce a cutoff date towards the end of the fiscal year, not unlike what happened during the summer of 2012.
EB2 India: The porting from EB3 India to EB2 India is still very high. In December 2012 alone, EB2 India had 125 cases approved from year 2003 and earlier. Since the current EB2 India date is 2004, EB2 India can easily reach the annual limit just from people porting from EB3 India. The good news in that there will be (usual) spillovers of number from EB1 category to EB2 category. Current numbers indicate that there are approximately 42,000 India EB2 cases in line with priority dates prior to May 2010. EB-2 India demand continues to be very high, and it is possible that the cutoff date may be retrogressed during this fiscal year. It is still unknown how many EB5 and EB1 numbers will fall down to EB2.
Wednesday, February 20, 2013
Updated: EB Category To Receive 18,000 Additional Visas From FB Category
Please See Update: EB Category To Receive 121,500 Additional Visas From FB Category
Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000.Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.
For fiscal year 2012 (which ended on September 2012), only 208,000 visas were allotted to family based visa petitions; instead of 226,000. This means about 18,000 visas were unused in the family based category.
According to law, any unused visas from family category will flow to employment based category. This means EB category will be getting an additional 18,000 visas in fiscal year 2013 (October 2012 to September 2013). Also see page 1 of demand data (which was updated on Feb 15), where total is set at 158,000 (instead of usual 140,000).
Sunday, February 17, 2013
White House Proposes 8-Year Path to Green Card
The White House is circulating a draft immigration bill that would create a new visa for illegal immigrants
living in the United States and allow them to become legal permanent
residents within eight years, according to a report published online
Saturday by USA Today.
USA Today reported that the bill would require that immigrants pass a criminal background check, submit biometric information and pay fees to qualify for the new visa. Immigrants who served more than a year in prison for a criminal conviction or were convicted of three or more crimes and were sentenced to a total of 90 days in jail would not be eligible. Crimes committed in other countries that would bar immigrants from legally entering the country would also be ineligible.
President Barack Obama's
bill would create a "Lawful Prospective Immigrant" visa for the
estimated 11 million illegal immigrants living in the United States. The
bill includes more security funding and requires business owners to
adopt a system for verifying the immigration status of new hires within four years, the newspaper said.
USA Today reported that the bill would require that immigrants pass a criminal background check, submit biometric information and pay fees to qualify for the new visa. Immigrants who served more than a year in prison for a criminal conviction or were convicted of three or more crimes and were sentenced to a total of 90 days in jail would not be eligible. Crimes committed in other countries that would bar immigrants from legally entering the country would also be ineligible.
What to do after getting green card?
What all things should you do after getting green card?
1) Update SSN card to remove the restrictive language.
2) Update drivers license as per your state policy.
3) Inform all banks, insurance, mortgage about your residency status.In some states/city, you may be eligible for lower rate after getting GC.
4) Submit a new I-9 form and make sure employer runs eVerify on it.
5) Ask for and get an employee verification letter reflecting your continued employment with the sponsor after getting GC indicating salary and place of work, title etc.
6) Scan and keep copies of GC, all supporting approval notices, passports, letters, etc in secure place.
1) Update SSN card to remove the restrictive language.
2) Update drivers license as per your state policy.
3) Inform all banks, insurance, mortgage about your residency status.In some states/city, you may be eligible for lower rate after getting GC.
4) Submit a new I-9 form and make sure employer runs eVerify on it.
5) Ask for and get an employee verification letter reflecting your continued employment with the sponsor after getting GC indicating salary and place of work, title etc.
6) Scan and keep copies of GC, all supporting approval notices, passports, letters, etc in secure place.
FAQ: EB3 To EB2 Porting - Part 1
Q. Can EB3 application simply be changed to EB2 application?
A. Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, “No.” The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
Q. Can we file new EB2 Case Based on Minimum Job Requirements
A. It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one’s own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
Q. Is new EB2 Filing Permissible with Job Change?
A. It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
A. Often individuals ask whether their current EB3 cases can somehow be converted to EB2s. They will usually mention that they had enough education and/or experience to meet the EB2 requirements at the time the EB3 case was filed. The answer to this is simply, “No.” The EB category of any labor certification-based case is set at the beginning, when the labor certification is prepared and filed. The category depends on the requirements specified in the labor certification. If these requirements are at the EB3 level, then the case is filed as an EB3, even if the foreign national beneficiary may have qualifications in terms of the education and work experience sufficient for an EB2 level job.
Q. Can we file new EB2 Case Based on Minimum Job Requirements
A. It is possible for an individual with an EB3 case to have either the existing employer / sponsor or a new employer file a new case in the EB2 category. Of course, the new position must meet the EB2 requirements, and the individual must qualify for the offered position. The starting point must always be with the job requirements, not one’s own education and experience. It is the job that must fit within the EB2 category, as the law requires that the employer specify the minimum education and other qualifications for the specific job. Then, of course, the beneficiary must be able to establish that s/he meets the education and experience required for the job.
Q. Is new EB2 Filing Permissible with Job Change?
A. It is not unusual for an individual with an EB3 case to qualify for EB2. This happens when one acquires additional education and/or experience through the years during which the EB3 case has been pending. Over time, people often are promoted into jobs that may meet the EB2 requirements.
Typically, questions about potentially changing to EB2 come from individuals who have reached the point where they have filed their I-485s. They have waited for a number of years, but are suffering under the enormous waiting times in the EB3 category. Many have used AC21 to change jobs, are advancing in their careers, and now hold jobs that could meet the EB2 standards.
FAQ: EB3 To EB2 Porting - Part 2
If you missed part 1, please click here: http://topimmigrationnews.blogspot.com/2013/02/faq-eb3-to-eb2-porting-part-1.html
Check out few more topics below:
I-140 Revocation Concerns
A frequent question from those considering an EB3-to-EB2 upgrade is whether the EB3 petitioning employer can create problems. Specifically, individuals in this situation want to know whether the EB3 employer can withdraw the earlier approved I-140 petition.
Under the law, the I-140 petition may be withdrawn by the employer who filed it, should the employer so choose. The I-140 may be withdrawn even after it has been approved, and even if it was approved several years before. The employer has this option until permanent residence that is based on that employer's filings has been approved. A more pressing question, however, is whether this revocation will make a difference in efforts to complete an EB3-to-EB2 upgrade, namely the employee's ability to transfer or retain the earlier priority date.
General Policy on Priority Date Retention
The long-standing Legacy INS and USCIS policy on retention of EB priority dates after I-140 revocation is favorable. The policy allows individuals to keep their (older) priority dates from approved I-140 petitions even after revocation in most instances. However, some questions arose regarding the continuation and uniform application of this policy.
Check out few more topics below:
I-140 Revocation Concerns
A frequent question from those considering an EB3-to-EB2 upgrade is whether the EB3 petitioning employer can create problems. Specifically, individuals in this situation want to know whether the EB3 employer can withdraw the earlier approved I-140 petition.
Under the law, the I-140 petition may be withdrawn by the employer who filed it, should the employer so choose. The I-140 may be withdrawn even after it has been approved, and even if it was approved several years before. The employer has this option until permanent residence that is based on that employer's filings has been approved. A more pressing question, however, is whether this revocation will make a difference in efforts to complete an EB3-to-EB2 upgrade, namely the employee's ability to transfer or retain the earlier priority date.
General Policy on Priority Date Retention
The long-standing Legacy INS and USCIS policy on retention of EB priority dates after I-140 revocation is favorable. The policy allows individuals to keep their (older) priority dates from approved I-140 petitions even after revocation in most instances. However, some questions arose regarding the continuation and uniform application of this policy.
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