The first count, conducted on April 9, 2012 is about three times more than last year’s. If this turns out to be a trend, H-1B visas could be exhausted much faster than last year, during which the regular cap was reached on November 22, 2011.

The graph below will be updated regularly to show H-1B visa filings for FY-2013:

Below is last year’s H-1B cap count (FY 2012) for reference:

There is no formal template for a Certification of Translator. However, the translator (you or someone else) must certify that s/he is competent to translate the foreign language into English, and that the translation is accurate to the best of his or her abilities. The certification should also include the person’s name, address, signature and date of translation.

Below is an example preferred by the USCIS:

Certification by Translator

I, ____________________________ [typed name], certify that I am fluent (conversant)

in the English and ____________ languages, and that the above/attached document is an

accurate translation of the document attached entitled ______________________________.

Signature________________________________ Date_________

Typed Name__________________________________________

Address______________________________________________

This is another sample, provided by the Immigration Court:

CERTIFICATE OF TRANSLATION

I, __________________________, am competent to translate from
(name of translator)

_______________________________ into English, and certify that the translation of
(language)

_________________________________________________________________
(names of documents)

is true and accurate to the best of my abilities.

_________________________________ _________________________________
(signature of translator) (typed/printed name of translator)

___________________________________________________________________________________________
(address of translator)

___________________________________________________________________________________________
(address of translator)

_________________________________
(telephone number of translator)

Question 1: Can I, as a petitioner, translate my own documents?
I’ve seen articles on the Internet stating that a petitioner or beneficiary of an immigration application/petition cannot translate their own documents. However, I have not been able to find any official statement from any government authority supporting that claim. So I’m not sure. If anyone can point me to the correct source, I would highly appreciate it.

In any case, you don’t necessarily have to use a professional translator. Anyone who is competent can translate the document(s) and certify them.

Keep in mind that what we are discussing here is about translating documents for immigration purposes. It is different than acting as an interpreter during an immigration interview. In that case, I know a petitioner is not allowed to be an interpreter for his/her relative during interviews.

Question 2. Do I still have to submit my documents in foreign language if I already have them translated?
Yes, the English translations are required to accompany those documents in a foreign language, not replacing them.

Question 3. Must each document have its own certification for translation?
Each document not in English must have a translation attached, but if you have multiple documents in the same foreign language in the same package, my personal opinion is that you can include one certificate of translator listing all documents translated and certified by the same person. However, if you choose to attach a certificate to each document (in addition to the English translation), it is certainly acceptable too.

Question 4. Do I need to have the translations notarized too?
Notarization of the translations is not officially required, but obviously won’t hurt. I personally wouldn’t do it, but if you’re extra cautious, go for it.

Question 5. Can I use a computer or Website-based automatic translating service?
I wouldn’t recommend it. Although you can use them, such as Google Translate, for certain words, you really don’t want to rely on them for translating an entire paragraph or even a full sentence. As a minimum, you need to double check and verify its accuracy before using it as your translation. Your birth certificate, marriage certificate, degree certificate, etc. are all important documents supporting your application, and you want to make sure they are translated completely and correctly. If you don’t feel comfortable, you should consider hiring a translating service to do it for you.

Question 6. Should I follow the same format of the original document while doing translation?
Yes, absolutely. Your translation must resemble the original document in layout and general formatting.

With the establishment of a new Visa Pilot Program, the department plans to reduce the amount of visa interviews for certain foreign visitors, including people renewing their visas, and children or elderly first-time applicants. This will not only save foreign travellers a considerable amount of time and money, but also free up resources at Embassies and Consulates to focus on higher-risk cases. In the end, a much more streamlined visa application process for everyone.

This is, in my opinion, long overdue! Take my parents as an example, they are over 70 years old and have been to the U.S. six times in the past ten years. We have taken many out-of-state vacations together, as well as frequent weekend trips. Despite their contribution to the travel industry and their track record of never over-staying their B2 visas, they had to re-apply every couple of years. Even with automatic visa re-validation (they were eligible once or twice before), it was still a hassle. And they are even considered lucky because there is an U.S. embassy in the city they live in. Others may have to travel by train, stay at a hotel, and wait for several days just to get a B visa which they had before.

I’m glad the administration recognizes the unbelievable waste of resources on processing these low-risk applications, and are taking initiatives to improve it. The pilot program (details still to be released) is certainly a step in the right direction:

The pilot program will streamline visa processing for certain low-risk applicants, such as individuals renewing expired visas, or some categories of younger or older first-time applicants. We expect that this will benefit tens of thousands of applicants in Brazil and China; saving them time and money, and encouraging them to choose to visit the United States again. However, given that national security remains this Administration’s highest priority, individuals identified as higher-risk will remain subject to interviews – in addition to the full screening and review all visa applicants receive.

The department also provided some figures to demonstrate the economic impact of the new policy:

For example, this will make it much easier for many Chinese tourists to renew their visas – a group that spends more than $6,000 per person, per trip, according to the Department of Commerce. Over the course of the year, this policy could open as many as 100,000 interview appointments for Chinese travelers applying for visas for the first time. That increase in tourism could support as many as 1,500 travel and tourism-related jobs.

New Grounds – Isle of Hope, Isle of Tears
by Brendan Graham

On the first day of January,
Eighteen ninety-two,
They opened Ellis Island and they let
The people through.
And the first to cross that threshold
Of the isle of hope and tears,
Was Annie Moore from Ireland
Who was all of fifteen years.

CHORUS:
Isle of hope, isle of tears,
Isle of freedom, isle of fears,
But it’s not the isle you left behind.
That isle of hunger, isle of pain,
Isle you’ll never see again,
But the isle of home is always on your mind.

In her little bag she carried
All her past and history,
And her dreams for the future
In the land of liberty.
The courage is the passport
When your old world disappears,
But there’s no future in the past
When you’re fifteen years.

CHORUS:
Isle of hope, isle of tears,
Isle of freedom, isle of fears,
But it’s not the isle you left behind.
That isle of hunger, isle of pain,
Isle you’ll never see again,
But the isle of home is always on your mind.

When they closed down Ellis Island
In nineteen forty-three,
Seventeen million people
Had come there for sanctuary.
And in Springtime when I came here
And I stepped onto its piers,
I thought of how it must have been
When you’re only fifteen years.

CHORUS:
Isle of hope, isle of tears,
Isle of freedom, isle of fears,
But it’s not the isle you left behind.
That isle of hunger, isle of pain,
Isle you’ll never see again,
But the isle of home is always on your mind.

It is not that the authors are biased. With the Supreme Court’s decision to review Arizona’s controversial S.B. 1070, Obama Adminitration’s record-setting year for deportation, and the roller coaster ride of the DREAM Act, it is hard to look elsewhere. It is simply a reflection of the fact that legal immigration, once again, was thrown into the back seat for much of 2011.

But there are things happening. And below are my picks for the top 5 stories for legal immigrants:

1. H.R. 3012 and Efforts to Eliminate Per-Country Limit
On 11/29/2011, the House passed H.R. 3012, the Fairness for High-Skilled Immigrants Act by a vote of 389-15. The bill aims to eliminate the employment-based per-country annual cap, currently at 7%, and raise the family-sponsored cap to 15%. If enacted, H.R. 3012 would re-shuffle the waiting lines for green cards, effectively altering the current system in which EB immigrants born in India and China have to wait much longer

than people from other countries. With such a strong bipartisan support, people had high expectations that the measure would sail through the Senate. But Senator Grassley (R-IA) poured cold water on the crowd right away, by placing a hold on the bill the next day. He was “concerned that it [H.R. 3012] does nothing to better protect Americans at home who seek high-skilled jobs during this time of record high unemployment.” He didn’t mention that the bill would not increase the total number of immigrants currently authorized by law.

On 12/15/2011, Senator Grassley offered an amendment making dramatic changes to the bill. Since then, it has been mostly silence, although it is safe to speculate that a lot of behind-the-door negotiations must be happening. The fate of H.R. 3012 depends on these politicians’ arm wrestling, and as it stands now, the outcome is anybody’s guess.

It is worth mentioning that not all EB immigrants support the bill. EB2 applicants from countries other than India and China, for example, may prefer the existing system because they don’t have to wait at all. With H.R. 3012, they would have to wait in the same line with Indian and Chinese citizens for a visa number. Fair? – that is another story.

2. Green Card Lottery Blunder
In early May, the Department of State notified 22,000 people worldwide that they had won the green card lottery, which offers a quick and easy path to U.S. permanent residence. On May 13, they were told the results were invalid, and the drawing would be held again.

DOS blamed a computer software glitch that caused 90% of the lottery winners to be selected from the first two days of registration, rather than the entire 30-day period.

Disappointed and shocked, the early winners rushed to facebook and other online forums in an attempt to persuade DOS to honor their initial selection. A class-action lawsuit was also filed on behalf of the applicants. All efforts failed, however, and a second drawing was conducted in the summer.

3. Rapid Visa Bulletin Movement
There are two stories actually.
For EB2 India and China, all is good. The visa bulletin cutoff dates jumped from 4/15/2007 all the way to 1/1/2009, over the last four months of 2011. Given the long black-out period following the 2007 visa bulletin fiasco, this is more phenomenal than it appears. In addition to long-awaited green card approvals, many people were finally eligible to submit I-485 applications, along with employment authorization and travel documents.

Unfortunately, EB3 continues to be in limbo. Most EB3 categories advanced only a few months for the entire year. Without additional visa numbers due to “spill-over,” it is hard to imagine the situation would improve anytime soon. New legislation, especially those that could potentially recapture unused visa numbers or even increase the total, are certainly much needed. But does anyone realistically expect much, given 2012 being an election year?

4. Renewed Focus on Immigrant Investors and Entrepreneurers
The EB5 investor visa has been around for 20 years, but 2011 witnessed rejuvenated interest from the U.S. government and private businesses.

On May 19, USCIS outlined a series of policy enhancements to make the EB-5 program more attractive to foreign investors. Among them, a premium processing option and a direct email communication venue for applicants and petitioners.

On August 2, USCIS unveiled a series of initiatives to promote the so-called “start-up visas” which would allow entrepreneurs to obtain H-1B visas and EB-2 green card classification. Several policy, operational and outreach efforts were also outlined as part of the White House’s “Startup America” campaign.

A slew of commercial EB5 and regional center Websites popped up one after another on the Internet this year, as businesses try to seize the opportunity by acting as bridges between foreign investors and investment projects in the U.S.

5. Ongoing Digital Transformation
USCIS has been undertaking a multi-year initiative to move immigration services from a paper-based system to a new electronic, account-based system. Over the next several years, USCIS will deploy a simplified, web-based system that will allow customers to apply online and also easily track their case status.

The first release of the new system was originally planned for December 2011, using the stand-alone Application to Extend/Change Nonimmigrant Status (Form I-539). But the launch was delayed due to the need for more ”post-development testing.” Despite the setback, the trend toward digital is inevitable. DOS’ Non-immigrant visa application is now almost entirely online (DS-160), the Green Card Lottery is all electronic (registration, status check and notification), the paper-based Advance Parole can now be built into the EAD card, and so on. Hopefully, 2012 will bring us one step closer to the digital world, making everybody’s life easier.

A school must be SEVP approved in order to accept international students. However, a school may lose its SEVIS certification at any time, although not common, as a result of SEVP audit or re-certification process. If you are currently enrolled in a school that is no longer SEVP certified, you need to take immediate actions.

First of all, stay in touch with your school’s Designated School Official (DSO). Make sure your contact information is up to date with your DSO. Discuss potential options and your plans.

You are allowed to finish your current semester or quarter as long as you maintain their active status in a manner required by regulations.

If your school’s SEVP Certification is being re-instated, you may continue to enroll at your current school.

If your school’s withdrawal from SEVP stands, you will be notified by letter from SEVP with further instructions. Usually, you will have three options in this case:

• Transfer to another SEVP certified school and maintain your F, M or J status;
• Change your status to another non-immigrant category; or,
• Depart the United States.

Throughout the process, keep in touch with your school’s DSO. Every step you take will likely require his/her approval or assistance.

Lastly, below is one example of such incident involving University of Northern Virginia Students earlier this year:

SEVP-certified schools are subject to a review of their certification at any time based on regulations. On July 28, 2011, pursuant to a review of UNVA certification, a SEVP representative served school officials at UNVA with a Notice of Intent to Withdraw (NOIW) the school’s SEVP-certification.

UNVA students have two choices (click the links to learn more):

• Continue to attend classes at UNVA and maintain their active status in a manner required by regulations.
• Seek transfer to another SEVP-approved institution.

UNVA students must immediately depart the country if they are unable to continue to attend classes and maintain their active status in a manner required by the regulation or if they are unable or do not wish to seek transfer to another SEVP-certified institution.

Is H.R. 3012 fair? Well, it depends on whom you ask.

Immigration attorney Cyrus D. Mehta posted a blog yesterday offering his opinions: How Fair is the Fairness for High Skilled Immigrants Act.

The passage of H.R. 3012 has been met with jubilation by Indians and Chinese, but those from the rest of the world may not be so happy. While Indians and Chinese may still need to wait, the waiting times will get more tolerable, but others who did not have to wait in the EB-2 will now need to wait. While it is hard to predict, there may eventually be waiting times of 1-2 years for all countries in the EB-2. While everyone in the EB-3 is subject to unreasonable waiting times, upon the elimination of the per country limits, Indians may still need to wait but it will not be for 70 years. Instead, it may be 10-12 years for all EB-3 nationals, according to the NFAP report.

In recent weeks, USCIS has received a large number of applications prepared by an online business that charges users to complete their USCIS forms. In most cases, the charge for preparing an application is the same as the USCIS filing fee. When applicants pay these businesses online using an electronic check, the applicant is only paying for the service provided to prepare the application, and not the actual USCIS filing fee. As a result, applicants are attaching a copy of a cashed electronic check when mailing their applications to USCIS. Because the applicant has not paid the USCIS filing fee, USCIS cannot process these applications and must return them to the applicant.

Clearly, USCIS knows about this website…but isn’t planning to tell you. USCIS even worded their alert carefully to avoid calling such practice fraud or scam. I don’t know about you, but I’m kind of confused. So if an online business intentionally charges the same amount for preparing an immigration form as the USCIS filing fee, and as a result, a large number of its customers mistakenly think they are paying the government rather than the business, does USCIS consider it a scam or not? What about selling free USCIS forms for a profit?

Maybe USCIS is worried about getting themselves into legal trouble by disclosing these companies’ names; maybe they don’t think they are in a position to do anything — USCIS is not a law enforcement agency, after all. But I still hope they would do a bit more in the future, other than relying on public warnings. The intended audience here is the immigrant community which consists, obviously, immigrants. Many of them are new to America, don’t know much about immigration, and aren’t fluent in English. This is a group that is hard to reach, but in the mean time, the most vulnerable and easiest target for scammers.

In recent years we’ve seen increased efforts from USCIS, DOS, DOJ and other government agencies to fight immigration scams. There are also broader media coverage (see BBB, Union Tribune and the Beacon) and more ways for consumers to report fraudulent activities (see FTC Complaint Center and eConsumer.gov). Most recently the National Initiative to Combat Immigration Services Scams also kicked off. Let’s hope all the hard work will soon pay off.

Update 9/19/2011: USCIS posted another blog entry on this subject, again without releasing any names.

Update 9/23/2011: Illinois Attorney General has filed a law suit against a Chicago man for immigration fraud:

The lawsuit alleges Lekarauskas deceptively marketed and represented his website, www.USAimmigrationsupport.com, as an official government site. The website features a logo that closely mimics a federal seal next to the title “United States Immigration Organization,” and attempts to make consumers believe it is an official government site where they can obtain passports, visa and citizenship applications.

In less than a month, USCIS posted six entries (out of a total of eight) on their blog to promote citizenship and naturalization:

• June 1: Visit our Citizenship Resource Center
• May 27: One Woman’s Path to Citizenship: Bangladesh to the United States
• May 25: Introducing: The Citizenship Public Education and Awareness Initiative
• May 19: The EB-5 Program: Creating Jobs in America
• MAY 16: Now Available: USCIS Releases Expanded Civics and Citizenship Toolkit
• May 13: Introducing I-9 Central
• MAY 12: Director Mayorkas Discusses Citizenship Programs with German Federal Minister of the Interior Friedrich
• MAY 06: Do You Want to Become a US Citizen? USCIS Can Help You With the Process

USCIS also launched a series of video, radio and print ads, featuring professional actors telling immigrant stories. “The stories reflect many of the motivating factors immigrants have often noted as common reasons for pursuing U.S. citizenship,” according to USCIS.

I know that most visitors to our websites are still pursuing green cards. With a mounting I-485 backlog, most of you would rather have USCIS spend more time on adjustment of status applications. So if you are disappointed at this new “initiative,” I fully understand. Who can blame an EB-3 applicant, who has waited five+ years and has probably a few more years to go, wanting to see a different priority list.

Even some legal permanent residents may be puzzled by USCIS’ new agenda. The agency is basically trying to persuade long-term green card holders to apply for citizenship. I don’t know how many people simply “forgot” to do so, but I’m willing to bet that a large portion of them chose to remain “green.” If this is the case, I wonder how effective the promotion is going to be.

On the other hand, some permanent residents who can’t wait to become citizens must wait, because of the five-year residence rule (for employment-based immigrants anyway). If a person has already spent more than five years pursuing a green card, while fulfilling all naturalization requirements during that process (physical presence, continuous residence, good morale character, etc.), why can’t the five-year rule be shortened a little bit? Doesn’t it make sense to differentiate it from cases where people enter the U.S. on immigrant visas, and therefore must wait a few years “to be evaluated,” so to speak? Oh well, I know I’m speaking to deaf ears, because such changes can only be implemented by Congress…and that is pretty much the end of story.

Should you salute the flag? Should you say the pledge of allegiance together with everyone else?

First let’s see what the law has to say. Yes, there is a federal law, The United States Flag Code, that governs the display and care of the American flag. However, the Flag Code doesn’t carry penalties for failure to comply with it; instead, it provides advisory rules and proper etiquette with regard to the flag.

During the ceremony of hoisting or lowering the flag or when the
flag is passing in a parade or in review, all persons present in
uniform should render the military salute. Members of the Armed
Forces and veterans who are present but not in uniform may render
the military salute. All other persons present should face the flag
and stand at attention with their right hand over the heart, or if
applicable, remove their headdress with their right hand and hold
it at the left shoulder, the hand being over the heart. Citizens of
other countries present should stand at attention.

So the proper way for a non-citizen during a flag ceremony is to stand upright with arms at the side, looking at the flag, with no talking or bodily movements. Hats should also be removed unless there are religious reasons not to do so.

For the pledge of allegiance, my personal opinion is that a non-U.S. citizen should do the same: stand at attention. I don’t feel it is appropriate to recite the pledge, but if you do, I don’t think there will be any consequences either. Occasional reciting of the pledge of allegiance certainly doesn’t sound like false claim of U.S. citizenship, which can be a real problem during naturalization.

What do you think?

Here is the Pledge of Allegiance:

I pledge allegiance
to the Flag
of the United States of America
and to the Republic
for which it stands,
one Nation,
under God,
indivisible,
with liberty
and justice for all

The sharp decline in apprehensions of illegal immigrants is in agreement with several other reports that unauthorized immigration flow in the United States is down in recent years. It is logical to think that a struggling U.S. economy, tougher border enforcement, and stricter employment verification requirements all contributed to the decline.

The original pdf file can be found here (update: file no longer exists on CBP’s page).

USCIS began accepting H-1B petitions on April 1, 2011. If approved, beneficiaries of these petitions may start working in H-1B status on or after October 1, 2011 – the first day of FY 2012 cap season. The following table includes every cap count released by USCIS. The table will be updated on a regular basis to show the pattern of this year’s H1B filing.

Below is a graph showing all H-1B cap counts for FY 2012:

The US Department of Sate (DOS) has warned the public repeatedly that they do not send emails to Diversity Visa (DV) recipients. The department’s Kentucky Consular Center used to send letters via postal mail. However, starting this year, notifications will no longer be mailed to lottery winners. So, the only way you can learn about your DV status is online, using the only official government website at http://www.dvlottery.state.gov/. There is also a phone number, 202-663-1225, for people who have a need to speak to a visa specialist. If you are outside the United States, you may contact the nearest U.S. embassy or consulate for DV related questions.

Fraudulent businesses and individuals may claim to be affiliated with the U.S. government. Some promise you better chances of winning the green card lottery. They may also have websites that contain URL’s similar to government addresses, display official-looking emblems (American flags, eagles, statue of liberty, etc.), or have a Washington D.C. mailing address. In the end, they always want money. Do not reply to such emails. Don not send payment or any documents.

If you do receive an email or letter from a scammer, you can file a complaint at the FTC’s website https://www.ftccomplaintassistant.gov/ or at http://www.econsumer.gov/. These complaints are used to assist law enforcement authorities worldwide in their investigation of criminal activities.

Let’s look at the figure below, which is generated by our Green Card Tracker:

The ROW category (Rest of the World: all countries other than China, India, Mexico and the Philippines) had a total of 40,429 pending EB3 cases in the October, 2010 inventory. For January, 2011, however, the number had increased to 47,627. And it happened without a single new I-485 filed – because the visa bulletin hasn’t been current since August of 2007.

Now what caused the sudden increase of 7,198 ROW EB3 cases? It is a huge number. Moreover, since USCIS has been processing older cases during the same three-month period, the actual addition should be even higher.

One logical explanation is that USCIS recently added cases held at field offices to the inventories. But I’m having a hard time believing such a large amount. All along USCIS has been saying that only a small number of I-485 applications are pending at local offices, and as you can imagine, 7,198 (more than 15% of the total) is certainly not a “small number.” In fact as of today the USCIS FAQ still says:

…there is a small population of cases within the jurisdiction of the Field Offices that are not included in this report. (inventory).

Maybe USCIS under-estimated the total number of pending I-485 cases at field offices. Maybe they simply missed a stack of EB3 applications at service centers and just started counting them in the January inventory. I won’t be shocked either way. But I do wish USCIS would have offered an explanation of some sort, to account for such a large discrepancy in one of their most useful reports.

The primary purpose is to detect fraud. Say you have been talking to your friends on Facebook for a year about your girlfriend in another country, and how you’ve been planning for the big day, but all of a sudden you applied for green card based on marriage to a U.S. citizen. Not saying that it won’t happen – people do fall in love quickly – but you bet it will raise a couple red flags if USCIS officials somehow become aware of your above conversations.

However effective it may be, the method itself sounds a little creepy. Are there undercover USCIS agents who register on Facebook, MySpace, LinkedIn and other social networks just so they can “friend” their targets for investigation? What is next?

Internet privacy, or the lack thereof, has been debated extensively for years. The increasing popularity of social networks makes it an even more pressing issue. But now you know that as an immigrant, you really have to be extremely careful what you say online – not to defraud anyone, but to avoid unnecessary questioning later on in your immigration journey.

Below is an excerpt from the memo:

Social networking sites such as MySpace, Facebook, Blassmates, Hi-5 and other similar sites are designed to allow people to share their creativity, pictures, and information with others. Sometimes people do this to find romance, sometimes they do it to find friends with similar interests, and sometimes they do it to keep in touch with family. Narcissistic tendencies in many people fuels a need to have a large group of “friends” link to their pages and many of these people accept cyber-friends that they don’t even know. This provides an excellent vantage point for FDNS (Fraud Detection and National Security – IR) to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. Generally, people on these site speak honestly in their network because all of their friends and family are interacting with them via IM’s (Instant Messages), Blogs (Weblog journals), etc. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive CIS about their relationship. Once a user posts online, they creat a public record and timeline of their activities. In essence, using MySpace and other like sites is akin to doing an unannounced cyber “site-visit” on a petitioners and beneficiaries.