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In March, VISANOW customers were able to receive a
response to their legal questions in less than 30
minutes. Our goal is to lower that response time. At
VISANOW, we are changing the way immigration legal
services are delivered with a process that consistently
delivers faster responses, provides greater access to
information and saves time. For more information on our immigration services, please contact us at
info@visanow.com
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Track the H-1B Cap Online
As we indicated in previous issues of the Voice, April 1,
2006 signaled the first eligible day of filing for H-1B
petitions to commence October 1, 2006. April 1 represented
the end of the waiting period caused by the H-1B cap, the
wait having started when the cap was met. Did you know you
can monitor the progress of this year’s cap online? The
USCIS updates the cap numbers here:
http://uscis.gov/graphics/services/tempbenefits/cap.htm
The first two row headings, “H-1B” and “H-1B Advance Degree
Exemption” provide information on the progress of H-1B
approvals for the fiscal year 2007 (which begins October 1,
2006). The “Target” is a rough estimate of the cap. While
the cap is a fixed number, the “Target” represents how many
petitions will be processed to reach the cap, as many
petitions will likely be denied or revoked. Both HR
representatives and employees will find this page to be a
helpful reference in tracking the USCIS’ progress toward the
cap in the coming months.
Progress in Priority Dates
The Visa Bulletin for May 2006 has been released
and it shows forward movement for almost all categories. The
most notable progress goes to the EB-2 category for those
from China. For Chinese nationals, the priority date one
year from January 01, 2003 to January 01, 2004. The EB-2
category for those from India have moved 6 months from July
1, 2002 to January 1, 2003. This means that Indian and
Chinese Nationals whose positions require a Bachelor’s
Degree and 5 or more years experience, or a Master’s Degree,
will have a reduced waiting time for their Green Cards.
Although VISANOW cannot predict the progress for the June
2006 Visa Bulletin, we expect the same forward progress to
continue.
May 2006
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All Chargeability Areas Except Those Listed |
CHINA - mainland born |
INDIA |
MEXICO |
PHILIPPINES |
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Employment-Based |
|
|
|
|
|
|
1st |
C |
01JUL04 |
01JUL05 |
C |
C |
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2nd |
C |
01JAN04 |
01JAN03 |
C |
C |
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3rd |
01MAY01 |
01MAY01 |
01MAR01 |
15APR01 |
01MAY01 |
Service Center Filing Changes
On April 1, 2006, the USCIS began the transition
into “bi-specialization”, a program which will
centralize the adjudication by petition type. The
purpose of the bi-specialization program is to make
adjudication more consistent for all petition types.
Previously, petitions were adjudicated based on the
geographic area the work took place. The four
existing service centers will remain, but will be
paired. The Vermont Service Center (VSC) is paired
with the California Service Center (CSC), and the
Nebraska Service Center (NSC) is paired with the
Texas Service Center (TSC).
When filing Form I-129, employers should mail the
applications directly to the VSC, along with any
dependent applications, regardless of where the
petitioner or beneficiary reside. Companies should
pay close attention when filing dependent
applications at a later date. When filing an H-1B, a
filing receipt could be from the VSC or CSC, if the
application is worked on by that center. Similarly,
all Form I-140/I-485 employment-based immigrant and
related applications should be mailed to the NSC.
Applicants who wish to apply for advanced parole or
employment authorization should file Form I-131 and
Form I-765 with the center that accepted the
application, which produced the receipt of the
I-140/I-485.
Unlawful Assistance in Application
Process
On April 7, 2006 the United States Citizenship and
Immigration Services issued the following warning:
“Although Congress has been debating immigration
legislation, all customers should be advised that currently
no temporary worker program exists for aliens unlawfully
present in the United States. Congress has not passed any
legislation that would create a temporary worker program.
Therefore, there are no benefits currently available because
this program does not exist. Customers should not pay any
fees or fines to any person or organization claiming that
they can help apply for or receive benefits for a temporary
worker program. Be wary of persons or organizations that
claim they can assist in applying for benefits that do not
exist.”
It should be noted that while immigration reform has been the
subject of vigorous debate in Congress recently, no
legislation has been passed. Consequently, all immigrants
currently in the U.S. should be wary of anyone or any
business promising assistance with the visa process based on
upon reform in immigrations laws.
Progress of Comprehensive
Immigration Reform in the U.S. Senate
Recent headlines have focused on the contentious issue of
illegal immigration currently raging in the streets of the
U.S.’s major cities and in the halls of Congress. Many of
VISANOW’s clients have wondered if the legislation currently
pending in the U.S. Senate will benefit them. While much of
the discussion and media coverage has centered on illegal
immigration, this legislation does include provisions
reforming the immigrant and non-immigrant visa systems in
order to reduce the current backlog.
Provisions in Title V of the “Comprehensive Immigration
Reform Act of 2006” introduced by Sen. Arlen Specter (R-PA)
propose the following changes:
- Increase of the employment-based immigration numbers
from 140,000 to 290,000. The spouses and children of the
principal immigrating alien would not be counted towards
this number, thus releasing a great number of visas.
- Exemption of the following categories from
employment-based immigration numbers: 1) aliens with
extraordinary ability, outstanding professors and
researchers, and aliens who obtain a National Interest
Waiver; 2) aliens in Schedule A occupations, such as nurses
and physical therapists; and 3) foreign nationals with an
advanced degree in mathematics, engineering, technology, or
the physical sciences and working in a related field on a
non-immigrant visa for a three-year period prior to applying
for an immigrant visa (with special labor certification
procedures for those in the last category)
- Increase of the per country quotas.
- Allowance of the recapturing of visa numbers not used
because of past processing delays.
- Redistribution of the percentage allocation of visas
among the preference categories, and modifying the
definitions of the preference categories.
- Elimination of immediate relatives (i.e. spouses,
children, and parents) of a U.S. citizen from the number of
family-based immigration visas, thus releasing a large
number of visas.
- Allowance of off-campus employment for F-1 foreign
students during the school year if the foreign student is in
good academic standing and the employer attests that it has
performed recruitment for U.S. workers and will pay the
prevailing wage or higher.
- Increase of post-graduation Optional Practical Training
(OPT) to two years.
- Creation of a new F-4 category for foreign students
pursuing an advanced degree in mathematics, engineering,
technology, or the physical sciences, with a much faster
path to the adjustment of status to permanent residency.
It should be noted that these are the current provisions
as passed by the Senate Judiciary Committee. Although the
prevalent view in the Senate is that this bill will be the
main topic of discussion, we do not know what the final form
will be or, indeed, if a compromise can be reached on the
more controversial provisions regarding the illegal
immigration situation. VISANOW will be closely monitoring
this legislation’s progress and will keep you informed of
the latest updates.
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