Immigration News

02/03/2012: USCIS Pending I-485 Inventory Released

The Green Card Tracker has now been updated with the new inventory, released today, with data as of January, 2012.

This is the first I-485 inventory that contains EB2 new filings after the July 2007 visa bulletin fiasco. So for later priority dates, you may see an increase of total number of pending I-485 applications ahead of you.

02/01/2012: The Economic Potential of DREAM Act Beneficiarie

The DREAM Act’s primary goal is to legalize the more than 2 million undocumented youths who have resided in the U.S. and attended schools in this country, but the bill’s education requirements have an underlying economic stimulus potential that has largely gone unnoticed by members of Congress. The legislation requires undocumented youths to attain at least an associate-level college degree to be eligible for legalization. If implemented, the DREAM Act would produce thousands of college graduates, contributing to the pool of higher-income earners needed by the nation at large. This study aims to measure the economic impact of integrating these youths into the national economy, through the DREAM Act, by calculating their income over a 40-year period. - UCLA

01/31/2012: DHS Reforms To Attract And Retain Highly Skilled Immigrants

The President is deeply committed to fixing our broken immigration system so that it meets our 21st century national security and economic needs. As a part of comprehensive immigration reform, the President supports legislative measures that would attract and retain immigrants who create jobs and boost competitiveness here in the U.S., including creating a "Startup Visa," strengthening the H-1B program, and "stapling" green cards to the diplomas of certain foreign-born graduates in science, technology, engineering, and math (STEM) fields. Together these actions would help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world. In the meantime, the Obama Administration is working to make improvements in the areas where we can make a difference.

Expand eligibility for 17-month extension of optional practical training (OPT) for F-1 international students to include students with a prior degree in Science, Technology, Engineering and Mathematics (STEM).
Allow for additional part-time study for spouses of F-1 students and expand the number of Designated School Officials (DSOs) at schools certified by DHS to enroll international students.
Provide work authorization for spouses of certain H-1B holders.
Allow outstanding professors and researchers to present a broader scope of evidence of academic achievement.
Harmonize rules to allow E-3 visa holders from Australia and H-1B1 visa holders from Singapore and Chile to continue working with their current employer for up to 240 days while their petitions for extension of status are pending.
Launch Entrepreneurs in Residence initiative

01/31/2012: President Obama’s Startup America Legislative Agenda

Today, on the one-year anniversary of both the White House Startup America Initiative and the private-sector Startup America Partnership, President Obama sent a Startup America Legislative Agenda to Congress which will expand tax relief and unlock capital for startups and small businesses that are creating jobs. Additionally, the Department of Homeland Security (DHS) will take steps to attract and retain foreign-born entrepreneurs and highly-skilled immigrants so they can start up the next generation of small businesses and great American companies. The Administration also unveiled several new agency actions to accelerate the growth of young, job-creating companies, at the same time that new entrepreneur-led regional coalitions are launching throughout the nation.

Cutting taxes for small businesse
Getting capital to growing companie
Relieving the backlog of employment-based immigrant visas: As put forward in his Blueprint for Building a 21st Century Immigration System, the President is proposing to eliminate country specific caps for certain immigrant visa categories to attract more high skilled foreign workers including entrepreneurs

01/26/2012: Immigrant Entrepreneurs Creating Jobs and Strengthening the Economy

This report makes the following policy and action recommendations:

Create an entrepreneur-friendly culture for employment-based benefit adjudications at the Department of Homeland Security ensuring that the staff charged with adjudicating such visa petitions has the proper training concerning how businesses operate in the 21st century, including expertise with business models for start-ups.
Cut red tape by eliminating the bureaucratic procedures that restrict entrepreneurs trying to emigrate to the United States to start businesses and hire American workers.
Create a visa category specifically targeted for immigrant entrepreneurs who want to establish a U.S. enterprise and create jobs. Current law typically only permits foreign nationals to remain in the United States if they are employed by an existing company or can invest $500,000 or more.
Remove hurdles for foreign students with desirable skills to remain in the United States, focusing on those who complete graduate degrees in the United States and are offered employment by U.S. companies.
Recognize that immigrant entrepreneurship occurs across the spectrum of businesses and that immigrant entrepreneurs come from all backgrounds.

01/25/2012: New Streamlined Process for Submitting Information Used in USCIS VIBE

The information displayed in iUpdate for U.S. government customers contains essentially the same data that is shared with USCIS via the VIBE system, and will allow petitioners to know how their business or organization will be presented in VIBE before they file a petition with USCIS. To maintain accuracy of significant business information, D&B requires that certain change requests be verified by a third party prior to official entry into the D&B system. If verification cannot be confirmed, the change request will be denied. This policy exists to protect companies and organizations from possible identity theft and fraud. - USCIS

01/24/2012: VIBE and Adjudication of Certain Employment-Based Petitions

The Web-based Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS’s adjudications of certain employment-based immigration petitions. VIBE uses commercially available data from an independent information provider (IIP) to validate basic information about companies or organizations petitioning to employ certain alien workers. Currently, the independent information provider for the VIBE program is Dun and Bradstreet (D&B). - USCIS

01/23/2012: U.S. Passport Card Online Application Now Available

On January 24, the Department of State’s Office of Passport Services will launch a 90-day pilot program allowing adult U.S. citizens living in the United States and Canada to apply for a passport card online. By applying online, customers will not be required to mail in their current passport book and necessary forms, saving them time and money. To participate in this program, applicants must currently possess a valid 10-year U.S. passport book, upload an acceptable digital photograph and make an online payment in U.S. dollars via Pay.gov. Applications accepted through the program will be subject to the same strict adjudication standards as in-person or mail-in applications. - DOS

01/23/2012: Taiwan May Soon Join the Visa Waiver Program

Currently, more than 60% of international tourists do not require a U.S. visa, in most cases because they travel under the Visa Waiver Program. The Secretary of State has formally requested that the Secretary of Homeland Security consider Taiwan for the Visa Waiver Program. Over the past year, Taiwan has undertaken significant efforts to improve its law enforcement and document security standards to meet the strict requirements for Visa Waiver Program eligibility. Under the Visa Waiver Program, participating nationals can travel to the United States for tourism or business for stays of 90 days or less without obtaining a visa. - The White House

01/20/2012: Tips on Getting Your Driver’s License or Social Security Number

One of the first things a new F, M or J nonimmigrant typically wants to do after entering the United States is get a driver’s license or, where appropriate, an SSN. Like many things, however, correct timing is everything. The Student and Exchange Visitor Program wants all F, M or J nonimmigrants eligible for a driver’s license or an SSN to have the easiest experience possible. Following these six simple tips makes the process go much smoother and saves a lot of time in the end. - ICE

01/19/2012: State Department to Start New Visa Pilot Program

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. - DOS

01/19/2012: Executive Order -- Establishing Visa and Foreign Visitor Processing Goals

(i) increase nonimmigrant visa processing capacity in China and Brazil by 40 percent over the coming year; (ii) ensure that 80 percent of nonimmigrant visa applicants are interviewed within 3 weeks of receipt of application, recognizing that resource and security considerations and the need to ensure provision of consular services to U.S. citizens may dictate specific exceptions. - The White House

01/19/2012: USCIS Chinese-Language Public Engagement

United States Citizenship and Immigration Services (USCIS) invites you to attend the first national Chinese-language public engagement at the San Francisco Field Office on Thursday, February. 16, 2012 at 10:30AM - 12:00PM (Pacific Standard Time), hosted by the Office of Public Engagment. This engagement is the first in a series called “Jiao Liu” — meaning “engagement” in Chinese. It will be modeled after the agency’s successful quarterly Spanish-language “Enlaces,” and expand our ongoing efforts to engage directly with our customers to provide information and answer questions about our benefits and services. - USCIS

01/17/2012: Press Conference Transcript: USCIS to Propose Changing the Process for Certain Waivers on Unlawful Presence

We have convened this call to provide you with the opportunity to learn more about the Notice of Intent that we posted in the Federal Register this morning regarding a proposed regulatory change in the processing of Waivers of Inadmissibility. This proposed regulatory change will significantly reduce the time that U.S. citizens are separated from their spouses and children under certain circumstances while those family members are going through the process of obtaining visas to become legal immigrants to the United States. - USCIS

01/16/2012: Retired Subway Worker Pays College Tuition for Undocumented Student

A retired subway conductor was so touched by a Daily News story on a struggling immigrant college student that he decided to donate to her tuition fund-raiser. But Luis Hernandez pledged a lot more than the $5 a person that Angy Rivera hoped for — he paid off the whole $2,500 bill. - NY Daily News

01/13/2012: Extension of Validity of Medical Certifications on Form I-693

USCIS has been extending the validity of Form I-693 one year at a time for a few years now. Below is the latest memo that does the same for another year:

"Due to continuing delays associated with some I-485 and I-687 applications, the validity of the civil surgeon endorsement on Form I-693, when submitted in support of an I-485 or I-687 application, is extended until the time of adjudication if no Class ‘A’ or Class ‘B’ medical condition is certified by the civil surgeon on Form I-693, other than a Class B condition in the Other Medical Conditions section of Form I-693. This policy will be in effect until January 1, 2013."

01/11/2012: Senator Grassley: The Puppetmaster?

Let’s face it. It is far more accurate to call this “The Grassley Report” than it is to call it the OIG Report. No one else asked for this report, and the conclusions are clearly colored by Grassley’s well-known jaundiced view of the immigration system, and his unsupported fear that fraud lurks around the corner of every petition. That the report is an elaborate set up to engineer Congressional hearings is nowhere more evident than in the Report’s final conclusion calling for Congress to change the evidentiary standard of review from “preponderance of the evidence” to “clear and convincing evidence.” The sad truth is that in reality, many adjudicators are already applying this standard de facto. Grassley would like to see the law changed to support what many adjudicators are already doing, rather than requiring the adjudicators to follow the law as it stands now. And this from a Senator who thinks there is a lack of integrity in USCIS decision-making. - AILA

01/11/2012: Revised Draft Policy Memorandum Guiding EB-5 Adjudication

U.S. Citizenship and Immigration Services (USCIS) thanks stakeholders for providing comments to the draft policy memorandum we posted to address certain foundational issues in the EB-5 Program. In anticipation of tomorrow’s “Conversation With The Director” regarding the EB-5 Program, we have attached the revised draft policy memorandum that incorporates some of your comments. In tomorrow’s Conversation, we will discuss the revised draft policy memorandum and seek to focus on certain important policy issues that we wish to further explore with you, including the issue of material change and how to most fairly and effectively address it in our EB-5 adjudications. - USCIS Memo

01/09/2012: The Efects of USCIS Adjudication Procedures and Policies on Fraud Detection

This report addresses the strengths and weaknesses of the United States Citizenship and Immigration Services effort to detect fraud in immigration benefit adjudications. It is based on interviews with employees and officials of relevant agencies and institutions, direct observations, and a review of applicable documents. - OIG

01/06/2012: February 2012 Visa Bulletin Released

China/India EB2 advanced one full year to 2010/1/1!

DOS predictions for EB2 in the comming months: Reports from U.S. Citizenship and Immigration Services (USCIS) indicate that the rate of new filings for adjustment of status in recent months has been extremely low. This fact has required the continued rapid forward movement of the cut-off date, in an attempt to generate demand and maximize number use under the annual limit. Once the level of new filings or USCIS processing increases significantly, it will be necessary to slow or stop the movement of the cut-off. Readers are once again advised that an eventual need to retrogress the cut-off date is also a distinct possibility.

01/06/2012: "Unlawful Presence Waiver" Proposed Rule Change

The bars to admission under section 212(a)(9)(B)(i)(I) and (II) of the INA, 8 U.S.C. 1182(a)(9)(B)(i)(I) and (II), based on accrual of unlawful presence in the United States, comprise one such ground. Typically, under current processes, aliens who are immediate relatives of U.S. citizens applying for immigrant visas at Department of State consular posts must apply for waivers of unlawful presence while outside the United States after a finding of inadmissibility is made by a Department of State consular officer in conjunction with their immigrant visa applications. As a result, U.S citizen petitioners are often separated for long periods of time from their immediate relatives who are applying for immigrant visas and have accrued a certain period of unlawful presence in the United States. This revised process, which eliminates the time-consuming interchange between the Department of State and USCIS, would significantly reduce the amount of time that American families will be separated from their immediate relatives. USCIS also believes that efficiencies can be gained through this revised process for both the U.S. Government and most applicants. - USCIS

01/05/2012: DOJ Settles with University of California San Diego Medical Center

Under the terms of the settlement agreement, the [UCSD] medical center agrees to implement new employment eligibility verification policies and procedures that treat all employees equally regardless of citizenship status. In addition, the medical center has agreed to pay a civil penalty of $115,000, conduct supplemental training of its human resources personnel on their responsibilities to avoid discrimination in the employment eligibility verification process and work with the department to ensure compliance with proper employment eligibility verification processes across all University of California campuses, medical centers and facilities. - DOJ

01/05/2012: USCIS Seeks Comments on L-1 RFE Templates

USCIS is currently seeking feedback on I-129 L-1 Intracompany Transferees: L-1A Manager or Executive, I-129 L-1 Intracompany Transferees: L-1A New Office (First Year), and I-129 L-1 Intracompany Transferees: Blanket Petition. The draft templates are attached for your convenience. Please note that the deadline to submit comments for these templates is February 3, 2012. You may find additional information about the comment process and the draft templates by doing the following:

Go to www.uscis.gov
Select the "Outreach" tab at the top of the page
Select "feedback opportunities" on the left side of the page

01/05/2012: USCIS Meeting Invitation - Asylum Operations

The USCIS Asylum Division will host their quarterly stakeholder meeting on January 26, 2012 at 2:00 pm (EST) in the White Oak Conference Room at 20 Massachusetts Ave. NW, Washington, DC. The purpose of this engagement is for individual participants to ask questions and raise issues regarding asylum operations.

01/04/2012: L.A. Arson Suspect, Mother on Immigration Hold

Immigration officials have issued a detainer on a German man suspected of setting a string of about 50 fires throughout Los Angeles during the New Year's holiday after he grew upset about his mother's immigration and legal troubles, according to news reports. - Orange County Register

12/31/2011: Top 5 Immigration Stories of 2011 for Legal Immigrants

We looked back on 2011 and picked the top five stories in the legal immigration community.

12/29/2011: Cross-Country Champ Facing Deportation

From the outside, Ayded Reyes seems like she's living the American dream. The 20-year-old, who attends Southwestern College in Chula Vista near San Diego, is California's top-ranked women's junior college cross country athlete. She carries a 3.50 GPA and her goal is to become an obstetrician. She is also a community volunteer who has worked extensively with children and the elderly. She is a young woman many describe as sweet, effusive and energetic, the "All-American" type.

There's just one catch: She's in the United States illegally. - ESPN

12/29/2011: ICE Establishes Hotline for Detained Individuals

The new measures include a new detainer form and the launch of a toll-free hotline – (855) 448-6903 – that detained individuals can call if they believe they may be U.S. citizens or victims of a crime. The hotline will be staffed 24 hours a day, seven days a week by ICE personnel at the Law Enforcement Support Center. Translation services will be available in several languages from 7 a.m. until midnight (Eastern) seven days a week. ICE personnel will collect information from the individual and refer it to the relevant ICE Enforcement and Removal Operations (ERO) Field Office for immediate action. - ICE

12/27/2011: California Shop Owner Fined $400,000 for Hiring Undocumented

In a rare case of prosecutors going after a business for employing undocumented immigrants, a judge slapped the owner of a popular San Diego restaurant with a $400,000 fine for illegal hiring. Michel Malecot, 59, was spared prison time and his fines and penalties were below the $650,000 sought by federal prosecutors. Malecot, a naturalized U.S. citizen from France and a major donor to local charities, appeared to hire undocumented immigrants at The French Gourmet out of compassion rather than to take advantage of them, said U.S. District Judge Thomas Whelan, who also ordered five years of probation. - Fox News

12/23/2011: USCIS Announces Changes to Stand-Alone I-130 Filing Locations

U.S. Citizenship and Immigration Services (USCIS) will change the filing locations for Form I-130, Petition for Alien Relative. Effective Jan. 1, 2012, domestic petitioners will mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States. The new filing locations will be updated with the corresponding addresses on Jan. 1 on the Form I-130 Direct Filing Locations page. This effort will balance workloads between the two locations and provide more efficient and effective processing of Form I-130.

There will be no change in filing locations when submitting Form I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status. Individuals filing these forms together will continue to mail them to the Chicago Lockbox facility. - USCIS

12/20/2011: Travel Alert: DOS Sent Formal Notification to Beijing over EAD/AP Combo Card

USCIS’ Beijing Office responded to our inquiry today with regard to the new EAD/AP combo card being rejected as valid travel document by Beijing Entry/Exit Inspection. The email explained that the United States Embassy has officially notified Chinese authorities of the validity of the new card. So hopefully the issue will be resolved soon and Chinese travelers will be allowed to use it to board their U.S.-bound flights. - IR Blog

12/16/2011: H.R. 3012 Amendment from Senator Grassley

...in order to release his hold on H.R. 3012, Senator Grassley offered an amendment that would make dramatic changes to the bill including elimination of the family per county limit increase and reducing the employment based per country limit to 15%. Furthermore, his amendment would eliminate the diversity visa program and adds in provisions that would increase enforcement and U.S. worker protections to the H-1B and L-1 visa programs. Senator Grassley’s amendment was objected to, therefore his hold on the bill remains. While other senators may try to negotiate a compromise amendment with Senator Grassley, at this time it appears unlikely that such an agreement is likely. - AILA

12/15/2011: Travel Alert: EAD/AP Combo Card Rejected at Beijing Airport

Recently we were alerted to some travelers’ experience at the Beijing International Airport: They were denied boarding on their way back to the U.S. because their EAD and AP combo cards were not yet officially recognized by the Beijing Station of Exit and Entry Inspection. - Blog

12/14/2011: Virginia Woman Sentenced to 6 Years in Prison for Student Visa Scam

Mary Ann Smith, 42, was charged with operating a business in Virginia that purported to assist individuals in obtaining student visas for an ongoing series of fees. Two of Smith's thirty-four identified victims are residents of Memphis. Smith had contacted the Memphis area victims in February 2009 via email describing a nonexistent student visa program in which the U.S. government supposedly exchanged students with foreign countries on a one-for-one basis. Smith charged her victims an initial fee of approximately $6,500 per student, and later, after assuring her victims that the visas were being processed, sought fees to cover the students' airline tickets. - ICE

12/14/2011: Help Enhance the Pathways for Immigrant Entrepreneurs

It’s no secret that immigrant entrepreneurs make a major contribution to American economic growth and job creation. It’s also no secret that we can do more to attract and retain the best and brightest seeking to come here and start new companies. That’s why President Obama supports legislation to create a visa designed for startup founders, as part of a 21st century immigration system. - The White House

12/09/2011: New Consular Processing Inventory for Immigrant Visa

The Department State has released this year's immigrant visa waiting list, which we often refer to as the Consular Processing Inventory that compliments the USCIS Pending I-485 Inventory.

12/09/2011: January 2012 Visa Bulletin Released

China and India EB2 leaped forward nearly 10 months to January 1, 2009! According to the State Department: "The China and India Employment Second preference cut-off date has been advanced at a rapid rate in recent months. As previously noted, this action was intended to generate significant levels of new filings for adjustment of status at U.S. Citizenship and Immigration Services (USCIS) offices. USCIS has reported that the rate of new filings is currently far below that which they had anticipated, prompting an even more aggressive movement of the cut-off date for January and possibly beyond. While this action greatly increases the potential for an eventual retrogression of the cut-off at some point during the year, it also provides the best opportunity to utilize all numbers available under the annual limit."

12/07/2011: Clinton Orders Review of J-1 Visa Program

Secretary of State Hillary Rodham Clinton has ordered an "extensive and thorough review" of a foreign exchange program that has been used by U.S. businesses as a source of cheap labor and exploited by criminals to import women to work in the sex industry.

The U.S. House Judiciary Committee's immigration subcommittee also has been gathering information on the J-1 visa, which was created in 1963 to allow college students from other countries to spend their summer breaks living, working and traveling in the U.S. - ABC News

12/06/2011: UCSD Medical Center Sued by DOJ for Immigration-Related Discrimination

The department’s independent investigation revealed that the [University of California, San Diego] medical center engaged in a pattern or practice of subjecting newly hired non-U.S. citizens to excessive demands for documents issued by the Department of Homeland Security in order to verify and re-verify their employment eligibility, but did not require U.S. citizens to show any specific documentation. The Immigration and Nationality Act’s (INA) anti-discrimination provision prohibits employers from placing additional documentary burdens on work-authorized employees during the hiring and employment eligibility verification process based on their citizenship status or national origin. - DOJ

12/02/2011: USCIS Develops Transformation System: Testing in Progress

USCIS’s transformation to ELIS will be accomplished in periodic releases, with each release covering different immigration benefits or adding enhanced functionality. The first release, covering one benefit type (the Form I-539, Application to Extend/Change Nonimmigrant Status), provides the foundational architecture for the remaining releases. The post-development testing phase now underway is time consuming and challenging, as is characteristic of projects of this scale, complexity, and ambition. While we sought to roll-out the first release this month, our testing is not complete. We will inform you of our recalibrated timeframe for our first release after more testing is completed in the next few weeks. - USCIS Blog

12/01/2011: Sen. Chuck Grassley Places Hold on H.R. 3012

Although a touch battle was expected in the Senate, the promising H.R. 3012 took a sharp turn: "I rise to inform my colleagues that I am placing a hold on H.R. 3012, the Fairness for High-Skilled Immigrants Act. This bill would eliminate the per-country numerical limitations for employment and family-based immigrants. I have concerns about the impact of this bill on future immigration flows, and am concerned that it does nothing to better protect Americans at home who seek high-skilled jobs during this time of record high unemployment." - Sen. Grassley

11/29/2011: House Passed H.R. 3012 - Fairness for High-Skilled Immigrants Act

389 to 15. Now all eyes are on the Senate.

11/29/2011: DOL Foreign Labor Certification Annual Report

This report presents employment-based immigration program data drawn from applications submitted to the Department by employers across the country. Labor certification is often the first step in the process for many of the visa programs that enable employers to hire foreign workers.

11/28/2011: How Can Illegal Immigrants Obtain Legal Status

It’s commonly believed that marriage to a U.S. citizen is an immigration cure-all, as is having U.S.-born children. Not so. In fact, for people who entered illegally, current laws make it next to impossible to obtain legal status. Legal expert David Wolfe Leopold, an immigration attorney and former president of the American Immigration Lawyers Association, explains why. - Multi-American

11/28/2011: USCIS Case Status Site Outage Dec. 2 - 5

USCIS will conduct system maintenance from Friday, December 2nd at 7pm (EST) until Monday, December 5th at 9am (EST). During this time, the on-line case status tools will be unavailable. - USCIS

11/28/2011: House to Vote on H.R. 3012 - Fairness for High-Skilled Immigrants Act Tomorrow

On Tuesday, November 29, the House will meet at 2pm and voting will begin at 6:30pm. H.R. 3012, the bill to eliminate "per-country" limitation, will be covered in this session.

11/27/2011: Ombudsman TeleCon: Change of Address and Mailing Procedures

USCIS Change of Address and Mailing Procedures: How Are They Working for You? Tuesday, November 29, 2011 ( 2:00 – 3:00 p.m. EDT) This teleconference is an opportunity to learn how applicants and their representatives report changes of address to U.S. Citizenship and Immigration Services (USCIS) and the U.S. Postal Service (USPS). The Ombudsman’s Office will interview stakeholders from Catholic Charities Immigration Legal Services of DC and Pisgah Legal Services of Asheville, NC to learn about their experiences with these processes. A USPS representative will also share information about the requirements for proper mailing addresses and the processing of changes of address with USPS. There will be an opportunity for listeners to ask questions and/or share comments.

11/23/2011: USCIS Reaches Fiscal Year 2012 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012. - USCIS

11/21/2011: DOS Resumes Issuance of Student Visas

SEVP and DOS have resolved the interface difficulties between their respective systems as of close of business, November 18, 2011. DOS has instructed embassies and consulate to resume issuing F, M, and J visas immediately.

11/19/2011: Issuance of All Student Visas Temporarily Halted

"The Department of State (DoS) has recently identified difficulties with its Consolidated Consular Database (CCD) communicating with the Student and Exchange Visitor Program’s (SEVP) Student and Exchange Visitor Information System (SEVIS). DoS discovered this issue on November 14, 2011. SEVP and DOS are investigating this issue between CCD and SEVIS to bring about a resolution as quickly as possible. Effective immediately, in order to ensure maximum data integrity and consistency, DoS has temporarily halted the issuance of ALL F, M and J visas at all U.S. Embassies and Consulates."

11/17/2011: Prosecutorial Discretion Memo and Immigration Enforcement Priorities

DHS will promptly review that data and other implementation outcomes and, where appropriate, consult with DOJ to determine, on an expedited basis, the best methods to implement these processes on an ongoing basis nationwide. During the entire period of these initiatives, ICE attorneys, officers, and agents will be applying, on a case-by-case basis, the full range of factors set forth in the June 17, 2011 Prosecutorial Discretion memorandum in the course of their regular duties. - ICE

11/15/2011: Reaching FY-2012 H-1B Cap is Imminent

Latest Cap Count: 56,300 out of 65,000.

11/15/2011: U.S. Department of State Expedites Student Visa Processing

All U.S. embassies and consulates expedite visa processing for foreign students to ensure qualified students are able to begin their academic program on time. Worldwide, the maximum wait for a student visa appointment is fewer than 15 days. Foreign students can apply for their visas up to 120 days before their academic programs begin. We always encourage all visa applicants to apply early. - DOS

11/11/2011: Half as Many Entrants Play Green-Card Lottery

Only eight million people tried to win a green card in the latest U.S. diversity-visa lottery, the State Department said, compared with a record 15 million last year. That figure could slide further in coming years, because the Senate recently passed a measure to charge a fee for entering the electronic draw, starting with next year's drawing.

A State Department spokeswoman attributed the drop in entries this year to the fact that Bangladeshis—for many years the most numerous applicants—weren't eligible to participate. The South Asian nation is no longer classified as a low-immigration country to the U.S. - WSJ

11/11/2011: The Growing Demand for U.S. Visas in China and Brazil

As Ed said, our goal is to expand our capacity to adjudicate more than 2.2 million visas by 2013. We also want to issue longer validity visas for Chinese tourists and business travelers, but U.S. law requires reciprocal treatment for U.S. citizens. Right now, U.S. citizens receive Chinese visas valid for just 12 months. Our ambassador to China, Gary Locke, recently addressed this issue at senior levels to the Chinese Government. Longer validity visas would benefit both countries. - DOS

11/10/2011: December 2011 Visa Bulletin Released

The Department of State has just released the December 2011 Visa Bulletin. Both China and India EB2 will jump to March 15, 2008! This is a significant advance considering the amount of I-485 cases after July 2007.

11/09/2011: Draft EB-5 Policy Memo

Importantly, USCIS also has reviewed its various EB-5 policy memoranda and determined that they should be consolidated into a single overarching agency policy memorandum. This memorandum will incorporate constructive stakeholder input and reflect the lessons learned since the various memoranda were initially promulgated. Given the number and complexity of issues involved, USCIS will develop this single EB-5 policy memorandum in iterative fashion, seeking public comment as the draft policy memorandum progresses. - USCIS

11/07/2011: Facebook CEO and COO Discuss Immigration Issues during Interview

Sheryl Sandberg: So it’s an education problem. We do not train — we don’t graduate enough kids from high school. We don’t graduate enough kids from college in this country. And having these kind of skills, we’re just absolutely far off. And also, the immigration policy you talked about is very real. So, you know, someone made a joke. We give a huge percentage of the spots in our engineering undergrad and grad program to people from other countries, and then we kick them out. It’s like a company. We’d have Facebook training, and we train everyone, and then we’d say, but you can’t work here. Go work for our competitor. That’s what we’re doing as a country. People have talked about stapling. - All Things D

11/07/2011: L-1 Visa Approvals Decline Significantly in India

The number of L-1 visas issued at U.S. posts in India declined by 28 percent from 2010 to 2011, according to data obtained from the U.S. Department of State by the National Foundation for American Policy (NFAP). The official data from the State Department show that L-1 visa approvals went from 35,896 in Fiscal Year (FY) 2010 to 25,898 in FY 2011, a drop of approximately 10,000 visas. At the same time that L-1 visas issued in India declined by 28 percent, L-1 visas issued in the rest of the world rose by 15 percent, according to State Department data. - NFAP

11/04/2011: TPS Extended for Hondurans and Nicaraguans

Temporary Protected Status (TPS) for eligible nationals of Honduras or Nicaragua have been extended for an additional 18 months, beginning Jan. 6, 2012, and ending July 5, 2013. Current beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from Nov. 4, 2001, through Jan. 5, 2012. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible when the 60-day re-registration period begins. Applications will not be accepted before Nov. 4, 2011.

11/02/2011: Immigrant Entrepreneur Gets Visa After 'World News' Story

The company hired nine Americans in just one year. But Aharoni hit rough waters after he received a letter on Oct. 4 from U.S. Citizenship and Immigration Services denying his request for a visa and notifying him that he needed to leave the country immediately. Aharoni moved to Canada, where he was forced to run his company via Skype from a friend's living room. - ABC

11/01/2011: USCIS Form I-693 Update

On Nov. 1, 2011, USCIS will introduce a new, more user-friendly version of the form used to report results of medical examinations for those seeking certain immigration benefits, Report of a Medical Examination and Vaccination Record, Form I-693. Civil surgeons completing medical examinations between Nov. 1 and Dec. 31, 2011, should use the new form dated 10/11/11. However, USCIS will continue to accept the previous version, dated 7/20/10, for examinations completed between Nov. 1 and Dec. 31, 2011. Beginning Jan. 1, 2012, civil surgeons must use the new version of the form.