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• 23 May ' 17:19

  05/23/2012: USCIS Released on 05/18/2012 FACT SHEET on ELIS and SEVIS I-20

  • This Fact Sheets answers questions on impact of online filing system (ELIS) on SEVIS I-20 for foreign students. Foreign students should read this Fact Sheet.

  05/23/2012: USCIS Own Announcement of Ongoing Delay in I-129 Receipt Notices

  05/23/2012: OFLC Releases New Filing Tips for H-2A Agricultural Temporary Labor Certification Applications, May 2012 Edition

  05/23/2012: OMB Approved OFLC's New Revised ETA 9142 Form for Temporary Labor Certification Applications

  • Current form expired on 04/30/2012. All H-2A applications should be filed using the extended new ETA Form 9142 form and Appendix A.2 with expiration date of October 31, 2012.

  05/23/2012: OFLC FY-2012 Agricultural Temporary Labor Certification H-2A Fact Sheet (10/01/2011-03/31/2012)

  05/23/2012: STARTUP Act, S.3217, Introduced in the Senate on 05/22/2012 by Five (5) Senators (Bi-Partisan)

  • U.S. Senator Jerry Moran (R-Kan.), cosponsored by four other Senators, Mark Warner (D-Va.), along with Marco Rubio (R-Fla.) and Chris Coons (D-Del.), and Sen. Blunt, introduced yesterday Startup Act 2.0 – bipartisan legislation that picks up where the JOBS Act left off by doing more to jumpstart the economy through the creation and growth of new businesses. Startup Act 2.0 builds upon the original Startup Act, introduced by Sens. Moran and Warner in December 2011, and the AGREE Act, introduced by Sens. Coons and Rubio in November 2011.
  • Startup Act 2.0 includes the following provisions:
    • Creates a new STEM visa so that U.S.-educated foreign students, who graduate with a master’s or Ph.D. in science, technology, engineering or mathematics, can receive a green card and stay in this country where their talent and ideas can fuel growth and create American jobs;
    • Creates an Entrepreneur’s Visa for legal immigrants, so they can remain in the United States, launch businesses and create jobs;
    • Eliminates the per-country caps for employment-based immigrant visas – which hinder U.S. employers from recruiting the top-tier talent they need to grow;
    • Makes permanent the exemption of capital gains taxes on the sale of startup stock held for at least five years – so investors can provide financial stability at a critical juncture of firm growth;
    • Creates a targeted research and development tax credit for young startups less than five years old and with less than $5 million in annual receipts. This R&D credit is designed to allow startups to offset employee taxes – freeing up resources to help these young companies expand and create jobs;
    • Uses existing federal R&D funding to support university initiatives designed to bring cutting-edge research to the marketplace more quickly where it can propel economic growth;
    • Requires all government agencies to conduct a cost-benefit analysis of all proposed “major rules” with an economic impact of $100 million or more. This new requirement will help determine the efficacy of regulations and their potential impact on the formation and growth of new businesses; and
    • Directs the U.S. Department of Commerce to assess state and local policies that aid in the development of new businesses. Through the publication of reports on new business formation and the entrepreneurial environment, lawmakers will be better equipped to encourage entrepreneurship with the most successful policies.
  • Please note that this bill includes elimination of per country limit for employment-based immigrant visas, which is currently stuck in the Senate in the form of H.R. 3012. Please also note that one of the co-sponsors is Senator Marco Rubio who is expected to introduce a watered-down DREAM bill in the Senate soon. The immigrant community was curious whether Senator Rubio will tie two bills (STARTUP bill and DREAM bill) together to make both bills successfully pass the Congress, but report indicates that Senator Rubio wants to see each of these two bills go on its separate and own path and separate merit. Hmm..... Interesting. Please stay tuned for the full text of the bill.

  05/23/2012: USCIS Transfers 44,000 A-Files to Permanent Record System to Allow Public to Access to the Files Effective Today

  • USCIS today announced the transfer of approximately 44,000 additional alien registration records, known as “A-Files,” to the National Archives and Records Administration (NARA). It is anticipated that the transferred files will be available to the public beginning today. Read on.
    

  05/23/2012: USCIS Announces Centralization of Filing and Adjudication for Certain Waivers of Inadmissibility in the United States Effective 06/04/2012

  • The USCIS has just announced today that beginning June 4, 2012, individuals abroad who have applied for certain visas and have been found ineligible by a U.S. Consular Officer, will be able to mail requests to waive certain grounds of inadmissibility directly to a U.S. Citizenship and Immigration Services (USCIS) Lockbox facility. This change affects where individuals abroad, who have been found inadmissible for an immigrant visa or a nonimmigrant K or V visa, must send their waiver applications. This procedural change will affect the following proceedings:
    • Form I-601, Application for Waiver of Grounds of Inadmissibility
      Form I-212, Application for Permission to Reapply for Admission into the United States After Deportation or Removal
      Form I-290B, Notice of Appeal or Motion, (if filed after a denial of a Form I-601 or Form I-212).
  • For the details, please read the announcement.

  05/23/2012: This Website Calls President Obama and Leaders of Parties to Support Rubio-Gutierrez Watered-Down Bi-Partisan DREAM Proposal

  • This website supported Senator Durbin's initial DREAM bill, but realistically, the Durbin proposal is not workable under the current political and economic environment, unless there is a politcal motive or strategy to drum up the attention of the DREAMERs and Hispanic community for the election. From realistic point of view, this website agrees that Rubio-Gutierrez bi-partisan watered-down DREAM proposal is the only workable "AND" fair option at this time. The news media has been using misnomer of citizenship to report the traditional DREAM bills, but historically, no DREAM bills nor Comprehensive Immigration Reform bills have proposed to grant outright citizenships to the undocumented aliens. All these proposals rather recommended adjustment of status, aka, green cards, under certain conditions and certain procedures. The misnomer of "citizenship" has been reported because of missunderstanding of the bills and laws by reporters or by anti-immigration forces to scare the mainstream Americans. By just legalizing the DREAMERs, Rubio-Gutierrez proposal will allow the innocent youngster to come out of the closet of undocumented illegal status and to start builing on their lives, including education and seeking jobs. Through the education and employment, they will have the same opportunity with any other foreign workers to seek permanent resident opportunities through the same legal process. It is fair to the DREAMERs as well as legal immigrants in that they will go through the same process with any other immigrants to settle down in this country and eventually become part of the mainstream "Americans." Such bill will be "compassionate" or "humanitarian" on the one hand and at the same time "fair" to the legal immigrants and less offend a fundamental principle of respect of law. This website urges Mr. President to take a leadership to come forward and call leaders of both parties to join this move.

  05/23/2012: I-129 Petition Receipt Notice Delays

  • Employers who file I-129, especially H-1B petitions, nowadays experience delays in receiving Receipt Notices from the Service Centers, keeping them uneasy with the status of their filings without knowing the causes. It is particularly noticeable in the cases which seek either change of status or extension of status. When they experience delays, certain involved employees may face difficulties, including the proof of legal status, driver license renewal, etc., if their status expires pending the cases. AILA has reported that the USCIS is currently experiencing delays in issuing the Receipt Notices for I-129 petitions from four weeks upto six weeks or even eight weeks because of the heavy volume of the petitions they have been receiving. It is surprising that the front-end processing of the petitions nowadays takes minimum of four weeks.
  • It appears that the environment of processing of the petitions has apparently changed over the period of time. Under the changed circumstances, the employers and the alien beneficiaries may want to file the petitions early enough to avoid any problems that are associated with the delays in obtaining evidence of legal status. At the same time, the employers should not void the filing fee checks.
  • Lately, two events have developed, which could have affected the situation or not relevant at all. One was the reported unfortunate event with the Vermont Service Center facilities that had received a suspicious package, causing evacuation of the workers and officials from the facilities until the investigation was completed. Pending the investigation, albeit a day or so, the agency could not process the receipts. The another event is the structural change in the USCIS. One time, the USCIS had a separate national customer services directorate that was in charge of certain the front-end processing, but this function has very recently been merged into the Public Engagement Directorate. Since the change, no details have been released as to how it affected the function of the previous National Customer Service Directorate. The foregoing two events might have nothing to do with the current situation of delays in receipt notices. Employers are just advised to be mindful of changed circumstances and act properly to file their petitions sufficiently ahead of time. Employers are permitted to file H-1B extension petitions if the employees' current status will expire in six months or less.

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• 22 May ' 18:13

  05/22/2012: H-1B Cap Count as of 05/18/2012

  • Regular Cap=42,000
  • Master Cap=16,000

  05/22/2012: USCIS Launch of I-539 Online Filing System Today and Update of I-539 ELIS Site

  • As reported yesterday, they launched this today. At this time, I-539 filers of B,F,M,J visas have options of filing of the application either by papers or online. It appears that down the road, the USCIS may make it mandatory.

  05/22/2012: News of America’s Changing Demographics & Potential Resurgence of Xenophoebia

  • Recent release of information on changing demography of the United States that minorities now account for more than half the babies born in America could potentially call up repeat of unpleasant history in this country. This reminds the nation of the U.S. & World News magazine report in early 1980s of changing ethnic demographic map and prediction of minority reaching more than 50% of the population of the United States by the 2010s triggering a wind of xenophoebia in this country and restrictive immigration legislation bills to control and reduce the family-based immigration quota and texture of employment-based immigrant workers. One of the bills included so-called Simpson-Mazzoli comprehensive immigration reform bill that proposed a drastic cut of the family immigration and removal of certain family-based immigration categories. Such proposals were developed as part of points of negotiation for comprehensive immigration reform to legalize undocumented aliens. Another incident was witnessed from Bush White House's comprehensive immigration reform proposal towards the end of his presidency as pressured by the conservative think-tank, Heritage Foundation, under the disguise of so-called Point System immigration reform. The Point System reform concept proposed to eliminate or reduce family-based immigration systems and change the employment-based immigration system to point system discriminating workers based on the ages and other factors taking people singularly as "labor" value. Both incidents brought up massive protests and political drama because of the intended or unintended consequences of such legislations to control minority population in the nation from the long-term historical perspectives. Fortunately, both attemps failed. The country does not want to see resurgence of xenophoebia. Something to watch carefully.

  05/21/2012: USCIS I-140 Processing Statistics at the End of March 2012

  	TSC	NSC	National
  Pending	12,084	1,521	13,634
  Customer action waiting	1,727	2,466	4,193
  Completed	4,936	2,720	7,656
  New receipts	3,176	1,660	4,836

  05/21/2012: USCIS I-485 :Processing Statistics at the End of March 2012

  	TSC	NSC	National
  Pending	58,358	38,882
  Preadjudicated	41,997	40,459	86,922*
  Customer action waiting	2,187	8,177
  Completed	12,797	16,127
  New receipts	12,556	14,161

  [Note: TSC and NSC figures include only EB-485 and some refugee I-485 cases since they do not process family I-485 cases. * includes local offices statistics. TSC and NSC reached maximum of preadjudications at over 200,000 in April 2010, but since then the preadjudicated numbers have been steadily reduced to approximately 87,000 as of March 2012. Considering the fact that during the period, agencies continued to preadjudicate new EB-485 applications, the number of preadjudicated case consumption must have been very large contributing to the exhaustion of EB-2 China and India visa numbers for FY 2012 early.]

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• 21 May ' 02:37

  05/20/2012: Effective 05/22/2012 Tuesday, I-539 Online Filing Available for B, F, J, M Visa Holders

  • NAFSA reports that: The USCIS plans to implement an optional ELIS I-539 on Tuesday, May 22, 2012. This will allow certain filers of Form I-539 to voluntarily use a Transformation Form I-539 instead of paper filing. During the first phase, users would be able to create accounts and to use ELIS to request the following benefits:
    • B-1, B-2, M-1 or M-2 extension applications
    • B-1, B-2, F-1, F-2, J-1, J-2, M-1 or M-2 change of status applications
    • Reinstatement of status to F-1, F-2, M-1 or M-2
  • The paper Form I-539 process will also continue to be available.

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• 19 May ' 18:18

  05/19/2012: Reportedly, Rep. Luis Gutierrez of IL Would Back Sen. Rubio Version of DREAM

  • This is an important development for DREAMERs because Sen. Gutierrez heads the immigration task force of the Congressional Hispanic Caucus and has a reputation of a legislator dedicated to the immigration reform. Reportedly, he finds legalization is more important than outright green card for DREAMERs under the given political environment. Interesting development.

  05/19/2012: Legislative Move to Waive Visa for Israel Nationals

  • Rep. Brad Sherman and 13 other Congress introduced in the House to waive visa for nationals of Israel.

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• 18 May ' 11:17

  05/18/2012: Reported Erroneous Rejection of Some New EB-485 Filings by Lockbox on 04/30/2012 Based on Visa Number Unavailability

  • AILA has reported that the USCIS lockbox applied an incorrect received date to a small number of EB I-485 applications and incorrectly rejected on the ground of the visa date regression in the Visa Bulletin. It is indeed a relief that the USCIS has detected this problem and is sending letters to these wroingly rejected EB-485 applicants inviting them to re-apply. The information indicates that if they reapply, the USCIS will keep the initially received date for processing.
  • If you are one of those, please check the mail boxes for such USCIS mails.

  05/18/2012: USCIS Schedules Engagement Session to Discuss I-693 Medical Examination Issues

  • Beginning yesterday, 05/17/2012, USCIS has been scheduling engagement sessions which can be attended either in person or by telephone. In yesterday's session, the USCIS released PowerPoint Presentation of the I-693 Medical Examination Procedure, Requirement, and Points That Require Attentions. Current I-485 applicants or those who expect to file I-485 applications in the future may go over the PowerPoint Presentation to make themselves familiarized with the information.
  • Those who wish to attend the sessions by telephone may visit their invitations. For the PowerPoint Presentation, please check the bottom of this link. Again readers are reminded that the result of medical examination (I-693) is supposed to be valid only for one year, but considering visa number regressions, the USCIS has traditionally extended its validity in the beginning of each year. This year was no exception. The agency released a memorandum to that effect in January 2012. Accordingly, those who filed I-485 years filing the sealed I-693 years back do not have to worry about the validity of the I-693 on file with the agency and they do not have to retake the medical examination unless they receive a RFE for other matters which are discussed in the PowerPoint Presentation.

  05/18/2012: Sen. Chuck Schumer Introduced S. 3199 Proposing Immigration Provisions to Promote International Tourism

  • This bill is co-sponsored by 16 Senators. On 05/12/2012, we reported a House bill by Rep. Heck to open a flood-gate to international visitors. Please read back the report. We updated the texts of witness testimonies at the House subcommittee hearing.

  • proposing to create F-4 visa for STEM foreign students and immigration visa upon obtaining the jobs in STEM in the United States. See press release for the summary of the bill.

  05/12/2012: House Judiciary Schedules a Hearing on 05/17/2012 on "Welcoming Business Travelers and Tourists to America Act of 2011"

  • It appears that national leaders want to open a flood-gate of foreign visitor traffics for apparent foreign policy and economic stimulus purposes, particularly hospitality industry and related industry. Lately Obama Administration has exerted a substantial effort to accellerate implementation of this policy. In the House, H.R. 3039 was introduced on September 23, 2011, which currently has 40 co-sponsors. This bill will set a visa processing standard of 12 or fewer calendar days at U.S. diplomatic and consular missions in China, Brazil, and India; use machine readable nonimmigrant visa fees to hire a sufficient number of Foreign Service officers and limited non-career appointment consular officers to maintain such standard; ask to conduct a two-year pilot program for the processing of nonimmigrant visas using secure remote video-conferencing technology for visa interviews, to work with other federal agencies that use such secure communications to help ensure security of the video-conferencing transmission and encryption; to provide Congress with an annual forecast of demand through 2020 for nonimmigrant visas in the high-growth markets of Brazil, China, and India; and authorize the Secretary of State to modify or enter into agreements with certain countries on a non-reciprocal basis to allow for longer visa validity periods if doing so causes no adverse effects to the United States.
  • The texts of witness testimonies:
    • Janice Kephart, Director of National Seurity Policy, Center for Immigration Studies
    • Jessica Zuckerman, Research Associate, Allison Center for Foreign Policy Studies, The Heritage Foundation
    • Edward Alden, Bernard L. Schwartz Senior Fellow, Council on Foreign Relations

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• 17 May ' 15:44

  05/17/2012: CBP & ICE House Written Testimonies on "Supporting Economic Growth & Job Growth Thru Customs Trade Modernization, Facilitation, & Enhancement"

  • These written testimonies are submitted to the House Ways and Means Subcommittee on Trade hearing of 05/17/2012. The testimonies explain the roles of these two agencies for the nation's econimic growth and job growth and room for modernization, facilitation, and enhancement of the agencies to achieve the purposes. Read on.
    • CBP
    • ICE
  • It is interesting that these two law enforment agencies talk about their roles which they can play for the nation's economic growth and job growth.

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• 17 May ' 05:33

  05/17/2012: Fate of Two STEM Senate Bills - SMART Jobs Act and STAR Act

  • These two bills are pushed by high tech industries. Theoretically, political leaders of both parties have agreed to the needs for STEM foreign brains. So far, so good, right? Not too fast. No legislative bills work in a vacuum. There are at least two foes against these piece-meal legislative bills. One is the supporters of Comprehensive Immigration Reform legislation and DREAM Act who traditionally opposed such bills because passage of such bills could reduce the chances for the CIR or DREAM. The second foe is labor union backers and anti-immigration forces. These forces will creep out of the closet from both Republican party and Democratic party. On top of these, Senator Cornyn's STAR Act presents another obstacle in that on the surface, elimination of diversity visa system should work perfect to support the argument that the bill would not add single new visa quota number to the existing immigration system through elimination of the diversity visa system. The argument should work perfect under the current political and economic environment. Potential problem includes antagonization of all the countries and nationals other than a few that have been main pipeline and suppliers of immigrants to this country. The logics underlying the diversity visa system was to counter-balance such immigration streams by allowing some opportunity for other nationals to immigrate to this country. Initially, immigration from Europe, particularly Irish, was one of the important motivation for this legislation. Over the years, the color of diversity visa immigrants has changed from more or less "white" to "darker skins." Currently Africa constitutes the largest source for diversity visa immigrantion. Lately, for the alleged reason that the diversity visa system is ridden with the frauds, several legislative bills to eliminate diversity visa system have been introduced and pending in the Congress. However, whether intended or unintended, because of the change in primary beneficiaries of the diversity visa system, such bills can have complicated ethnic or racial overtones and such bills have been facing oppositions in the Congress. Immigration reform legislations always bring with it some ethnic issues. For the reasons, media started predicting that the chances for these bills are not too promising.
  • But who knows? Legislation is a process of negotiation and compromise. Inasmuch as the country agrees and supports need for STEM immigrants, something can be worked out along the way. Rubio's DREAM proposal has growingly been receiving attention in both side of the isles. Obviously all of these legislative proposals are implicated with the election year political strategies, but it will be interesting to watch how the dramas will unfold. Look at how the battered women protection immigration proposals are riding similar tide of wave of the day. Women have surfaced as one of the key voters that will determine the outcome of the election in November and both parties started running fast to bring up women-related legislative and political issues. Again both parties agreed to the need for such protection, but when it comes to the details, ideological difference prevailed and the Republican House has just passed the bill which is a way different from the Demoratic Senate bill. That's the way it goes.

  • Senators Alexander and Coons introduced in the Senate another STEM bill, S. 3192, named "Sustaining Most Advanced Researchers and Technology Jobs Act of 2012" (SMART Jobs Act of 2012)

  • Witness List:
    • Rep. Joe Heck
    • Janice Kephart, Director of National Seurity Policy, Center for Immigration Studies
    • Jessica Zuckerman, Research Associate, Allison Center for Foreign Policy Studies, The Heritage Foundation
    • Edward Alden, Bernard L. Schwartz Senior Fellow, Council on Foreign Relations
      

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• 16 May ' 19:41

  05/16/2012: DOL Publishes Guidance on H-2B Temporary Labor Certification Application Procedures Effective 05/16/2012

  • DOL published a guidance in the Federal Register today advising the regulated community of the injunction placed on the implementation of the H-2B 2012 Final Rule and of procedures to be followed in seeking labor certification to file H-2B petitions. This Guidance is in effect as of today and the H-2B labor certification filers should follow this Guidance from today.

  05/16/2012: Bi-Partisan SMART Jobs Act of 2012 in the Senate for U.S. STEM Foreign Students and Workers

  • Senators Alexander and Coons are introducing in the Senate another STEM bill named "Sustaining Most Advanced Researchers and Technology Jobs Act of 2012" (SMART Jobs Act of 2012)proposing to create F-4 visa for STEM foreign students and immigration visa upon obtaining the jobs in STEM in the United States.

  05/16/2012: USCIS Processing Times Update 05/16/2012

  • See home page.

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• 16 May ' 08:51

  05/16/2012: Republican Senator John Cornyn of Texas Introduced a Bill in the Senate Yesterday to Eliminate 55,000 Diversity Visa Replaced by STEM Foreign Workers

  • Yesterday a senior Republican Senator introduced a legislative bill, S. 3835 STAR Act of 2012 ("Securing the Talent America Requires for the 21st Century Act of 2012"), proposing to eliminate the current immigration lottery visa system of annual 55,000 immigrant visas and to use these 55,000 immigrant visas to STEM foreign talents as follows:
    • Allocating 55,000 new immigrant visas for eligible STEM graduates (Master’s and Ph.D.) of qualifying U.S. research institutions who have job offers in related fields;
    • Offsetting this new allocation of visas by eliminating the so-called “Diversity Visa” lottery program, which is no longer in America’s national interest; and
    • Streamlining STEM graduate students’ ability to obtain green cards and remain in the United States by allowing “dual-intent” for those admitted to pursue a STEM degree.
  • Even though a media response to potential chance for passage of this bill is labelled "dubious" in election year, it is considered a step forward from the employment-based immigration perspectives and another offense to the Obama Administration's failure to act on immigration reform.

  05/16/2012: New AAO Precedent Decision of 05/15/2012 on P-3 Nonimmigrant Visa Petition

  • This time around, they made this AAO decision as a legally binding "precedent" decision in favor of the petitioner, opening a window of approval of P-3 cases slightly open for the petitioning employers. This is what the USCIS reports: The USCIS AAO today (05/15/2012) issued a decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers. In the case at issue, the Skirball Cultural Center filed a P-3 nonimmigrant petition on behalf of a musical group from Argentina that was denied a performing artists’ visa for failing to establish that the group’s performance was “culturally unique” as required for this visa classification. Due to the unusually complex and novel issue and the likelihood that the same issue could arise in future decisions, the decision was recommended for review. USCIS’s AAO approved the petition after its review of the entire record, which included expert written testimony and corroborating evidence on behalf of the musical group. The regulatory definition of “culturally unique” requires USCIS to make a case-by-case factual determination. The decision clarifies that a “culturally unique” style of art or entertainment is not limited to traditional art forms, but may include artistic expression that is deemed to be a hybrid or fusion of more than one culture or region. The decision was selected by the U.S. Department of Justice as a "precedent decision."
  • Wonderful for the performing arts community. Here is the full text of the decision: Matter of SKIRBALL CULTURAL CENTER, 25 I&N Dec. 799 (AAO 2012).

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• 15 May ' 14:55

  05/15/2012 Congressional Research Service Releases on 05/11/2012 In-Depth Review of STEM Foreigners and Their Visa/Immigration Issues

  • A very timely release of the study considering Obama Administration's late expansion of the degrees that fall under the definition of STEM for the purpose of special 29-month OPT eligibility.

  05/15/2012: OFLC Alert - Effective 05/14/2012, Use of New Version ETA 9142 Form Mandatory for H-2A and H-2B Temporary Applications

  • The OFLC announces that the OMB has approved extend version of the ETA Form 9142, Appendices A.2 and B.1 and associated instructions which were previously set to expire on April 30, 2012. The new expiration date for these forms is October 31, 2012. As of the date of this announcement, future H-2A applications should be filed using the extended ETA Form 9142 and Appendix A.2 which reflect the October 31, 2012 expiration date. In light of the recent preliminary injunction of the 2012 H-2B Final Rule, employers filing H-2B applications under the 2008 Final Rule must do so using the extended ETA Form 9142 and Appendix B.1 (H-2B only), reflecting the October 31, 2012 expiration date. To view or download the extended forms, please click here. Read announcement.

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