The April 2011 Visa Bulletin shows continued movement forward for the employment-based immigration categories, while the family-based categories evidence the government’s inability to accurately forecast or address the continued increase in demand.  

Almost all employment-based preference categories showed modest gains, continuing the encouraging trend of recent months: 

 

China was again the only country in the EB second preference category to progress, increasing by two weeks to 07/22/2006.  India remained in the same place it has been since September 2010, stalled at 05/08/2006. The EB third category again saw encouraging progression for all countries. Mexico is again the greatest beneficiary, jumping ahead by eight months to 05/08/2004. China advanced five weeks to 03/01/2004 India continued its consistent advancement, moving forward three weeks,...

Last week, Arizona rejected five anti-immigration bills in one day.  The new bills sought to end automatic citizenship for the newborns of illegal immigrants, require hospitals and schools to collect records on undocumented patients and students, and make it a crime for illegal immigrants to obtain a driver’s license.  This is a potential sign that Arizona’s “go-at-it-alone” approach in cracking down on illegal immigration is dwindling. 

Why the recent rejection? The answer is, of course, money. Sixty chief executives petitioned to the Legislature stating “unintended consequences,” such as boycotts, lost jobs, canceled contracts, and bad publicity are causing businesses to suffer because of  the negative connotation with Arizona’s name.  Glenn Hamer, the chief executive of the Arizona’s Chamber of Commerce and Industry has stated that extremism has cost the state $15 million to $150 million in lost tourism revenue.

These...

When devastation strikes, people all over the world feel connected to tragedy - with families broken, homes and businesses destroyed and misfortune at an all-time high, the emotional rollercoaster continues long after the shock diminishes.  With immigration already topping the charts as a hot-button issue, pairing it with natural disaster often produces escalated reactions.   The role immigration plays in crisis mode depends heavily on the economic situation of the affected country as well as the magnitude of damage.   In light of the continued crisis provoked by Japan’s recent earthquake, many are asking why the U.S. is not stepping up efforts in terms of immigration relief similar to the programs organized for Haiti, such as Temporary Protected Status (TPS).  ...

An official announcement from the United States Citizenship and Immigration Services (USCIS) was released today stating that H-1B petitions for fiscal year (FY) 2012 will be accepted starting April 1, 2011.  Cases are accepted on a first come first served basis, according to the date the USCIS physically receives a complete petition and the respective payment (not the postmarked date) until the cap has been met.   The allotted limit or regular cap for FY 2012 H-1B petitions is set at 65,000.  An additional 20,000 H-1B petitions exist for individuals with U.S. master’s degrees or higher. The USCIS monitors the influx of H-1B petitions and posts regular updates of the current cap count for the public.  A separate...

Known as the mecca for innovation, Silicon Valley is no stranger to media headlines, lately however this technology community has drawn attention to some immigration matters that are hindering the recruitment and longevity of talent.   Last week, NBC nightly news anchor Tom Brokaw visited Silicon Valley and reported on a number of successful entrepreneurs forced to leave the U.S. because of visa issues. His story pointed out that historically, similar skilled immigrants have been responsible for several start-ups in Silicon Valley, creating thousands of jobs and improving economic stability in our country.   This week, over 60 CEO’s from Silicon Valley made their way to Washington D.C. to discuss the impact immigration limitations are having on our economy and what can be done to resolve it. The executives’ presence in Washington...

Potential changes are in store for the H-1B application filing process, revealed in a proposed requirement, involving employers electronically registering their H-1B petitions prior to the official filing season which typically begins in April.   The USCIS’s goal is to reduce the mass filings that occur at start of each filing period, thereby reducing the number of rejections on behalf of the employer when the cap is quickly met.  If implemented, the new requirement could take effect for the FY 2013 H-1B cap filing season (no changes will be in place for FY 2012 beginning April 1, 2011).  The USCIS has pledged that the new requirement will drastically reduce employers’ time and expenses associated with the H-1B petition process by allowing them to pre-register for an opportunity to petition.  Based on the cap allowance, a specified...

The first major exception to U.S. immigration policy for same-sex couple went into effect last month.  The lightly publicized change only affects U.S. diplomats and their partners—under the new policy, foreign same-sex partners of U.S. diplomats are eligible for the J-1 Exchange Visitor visa, the same temporary visa granted to au pairs and visiting scholars. Though this may not affect the vast majority of multinational same-sex couples in the U.S. (not everyone can be a diplomat!), as the only visa option available specifically to same-sex partners of U.S. citizens it is an important step toward extending immigration benefits to more people.  Interestingly enough, while same-sex partners of non-U.S. citizens may obtain temporary B-visas on the basis of their relationship, the United States Citizenship and Immigration Services (USCIS) does not currently give any recognition to same-sex partners of U.S....

The National Hockey League’s trade deadline came and went Monday, February 28, leaving many players packing their bags for new teams, new cities and for some, new countries.  With such dense hockey schedules and in some situations – next day games, little time was left for the administrative matters of moving or more significantly, acquiring immigrant documentation.  Such was the case for a new Blackhawks defenseman, formerly an Ottawa Senator.   As a Canadian citizen, the player needed to secure a work visa prior to even practicing with his new team, the Chicago Blackhawks, who wanted him dressed in a mere one day for last night’s game again the Calgary Flames.    While the visa process can at times take several days or weeks, the Blackhawks trusted VISANOW to deliver.  Our unmatched process coupled with expert attorneys...

The March 2011 Visa Bulletin shows continued movement forward for the employment-based immigration categories, but the family-based categories still show the government apparently adjusting to unexpected levels of demand.

Almost all employment-based preference categories showed modest gains, continuing the trend of prior months:  

 

China again was the only country in the EB second preference category to move ahead, increasing by 1 week to 07/08/2006.  India remains at 05/08/2006, where it has been since the September 2010 bulletin. The EB third category again saw healthy movement forward for all countries. Mexico is this month’s greatest beneficiary, jumping ahead by 8 months to 01/08/2004. China and India both advanced by 3 weeks, to 01/22/2004 and 03/15/2002, respectively. All other countries, including the Philippines, moved forward by 3 months, to 07/01/2005....

As of February 11, the United States Citizenship and Immigration Services (USCIS) announced that they have started issuing a combined employment and travel authorization card for applicants filing Form I-485, Application to Register Permanent Residence or Adjust Status in the U.S.  The new card is indistinguishable from the existing Employment Authorization Document (EAD) except it now includes additional text on the front of the card which reads “Serves as I-512 Advance Parole.”   The combined card will eliminate the need to carry both the EAD in addition to paper forms of Advance Parole, a more durable and secure solution.  Obtaining the card allows the ability for applicants waiting on adjustment of status to travel abroad and return to the U.S. without dropping the pending adjustment application.  For employers, the employment verification processes remain...