Rabinowitz & Rabinowitz, P.C.

CBO Estimates $175 Billion Savings if Senate Bill Enacted

Stewart Rabinowitz — Wed, 19 Jun 2013 02:09:09 +0000

On June 18, 2013, the Congressional Budget Office issued a Cost Estimate regarding the budgetary effects of Senate bill S. 744 Border Security, Economic Opportunity and Immigration Modernization Act. The CBO estimated that implementing the Senate bill as written would increase federal direct spending to $262 billion mostly for increases in refundable tax credits arising out of a larger US population under the bill. Simultaneously, the report estimated an increase in federal revenues collection of $459 billion over the same period arising out of additional income and payroll taxes from an increased US workforce and a change of legal status of some current workers. The result would be a net savings of $175 billion over the 2014-2023 period.

The CBO stated that while the effects of immigration policies on the federal budget are uncertain and complicated especially when extended well into the future, the estimates make assumptions regarding the legislation’s stated increases in nonimmigrant and immigrant categories, together with projections on the number of persons who may obtain legalized status under the bill’s proposed provisions.

Visa Bulletin For July 2013

Stewart Rabinowitz — Sun, 09 Jun 2013 21:52:37 +0000

Number 58
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by June 7th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01JUN06	01JUN06	01JUN06	22AUG93	01JUL00
F2A	08OCT11	08OCT11	08OCT11	01SEP11	08OCT11
F2B	01NOV05	01NOV05	01NOV05	01NOV93	22DEC02
F3	01OCT02	01OCT02	01OCT02	22APR93	22NOV92
F4	22MAY01	22MAY01	22MAY01	22SEP96	15DEC89

*NOTE: For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01SEP11. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP11 and earlier than 08OCT11. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	08AUG08	01SEP04	C	C
3rd	01JAN09	01JAN09	22JAN03	01JAN09	01OCT06
Other Workers	01JAN09	22MAR04	22JAN03	01JAN09	01OCT06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JULY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV-2013 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For July, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	66,700	Except: Egypt 50,000 Ethiopia 50,000 Nigeria 17,775
ASIA	9,850
EUROPE	33,000	Except: Uzbekistan 16,850
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,450
SOUTH AMERICA, and the CARIBBEAN	1,500

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2013 program ends as of September 30, 2013. DV visas may not be issued to DV-2013 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV status until September 30, 2013. DV visa availability through the very end of FY-2013 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN AUGUST

For August, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	81,200	Except Nigeria 19,800
ASIA	CURRENT
EUROPE	CURRENT	Except: Uzbekistan 19,000
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,600
SOUTH AMERICA, and the CARIBBEAN	CURRENT

D. VISA AVAILABILITY IN THE COMING MONTHS (August – October)

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:

F1: Up to five weeks

F2A: Could become “Current” at some point during the coming months.

F2B: Four to seven weeks

F3: Three to five weeks

F4: Three to five weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First: Current

Employment Second:

Worldwide: Current

China: Up to two months

India:

At this time it appears that the availability of “otherwise unused” Employment Second preference numbers will allow for movement of this cut-off date in August and/or September. It is expected that such movement will generate heavy new applicant demand, primarily by those who are upgrading their status from the Employment Third preference category. A sustained level of heavy demand could impact the cut-off date at some point during fiscal year 2014.

Employment Third:

Worldwide:

No additional movement. This cut-off date has advanced 18 months during the past three months. Such rapid movement can be expected to generate a significant amount of new demand, with the impact not being felt for three to five months. Therefore, the cut-off date will be held until it can be determined what level of demand is to be expected, and whether it is likely to be sustained.

China: No additional movement

India: Up to three weeks

Mexico: No additional movement

Philippines: Up to two weeks

Employment Fourth: Current

Employment Fifth: Current

The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns. Readers should never assume that recent trends in cut-off date movements are guaranteed for the future, or that “corrective” action will not be required at some point in an effort to maintain number use within the applicable annual limits. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables. Unless indicated, those categories with a “Current” projection will remain so for the foreseeable future.

US Electronic Immigration System Expands to Cover Immigrant Fee

Stewart Rabinowitz — Mon, 20 May 2013 22:09:27 +0000

Starting May 19, 2013, immigrants abroad who have received their immigrant visas can pay the USCIS Immigrant Fee of $165.00US online through USCIS ELIS, the USCIS Electronic Immigration System. USCIS ELIS is the much touted “transformation” of paper-bound immigration processing to electronic on-line processing which USCIS has promised will modernize its immigration processing.

The ELIS system permits an applicants to make a payment, file an application, and submit electronically scanned evidence directly to USCIS. It also permits an applicant to gain real-time information about his or her case and receive USCIS notices electronically. Despite substantial investment by USCIS in ELIS, it covers only a single form: An application used by certain foreign nationals who seek to change or extend their visitor, or student stay. Now ELIS is also to be used by immigrants abroad to pay a Immigrant Fee to USCIS before departing for the U.S. instead of making payment on pay.gov. Starting February 1, 2013, USCIS began collecting a $165.00US fee for each immigrant who receives an immigrant visa package from a U.S. consulate or embassy abroad to receive a green card in the U.S. The fee reimburses USCIS for the cost of immigration processing after an immigrant surrenders his or her visa package to USCIS.

USCIS has not stated when ELIS will be expanded to process any of the other dozens of paper forms which USCIS requires of immigrants and non-immigrants alike.

F-1 to H-1B Lottery Winners: Travel Before October 1 is Risky

Stewart Rabinowitz — Mon, 20 May 2013 00:30:02 +0000

For many F-1 academic students who have graduated, received post completion Optional Practical Training (“OPT”), had an H-1B petition filed in their behalf with a start date of October 1, and “won” the H-1B lottery, such persons are entitled to continued, authorized F-1 stay and continued employment authorization up until September 30 of the year. This is known as a “cap gap” benefit. The question arises whether a cap gap H-1B beneficiary can travel outside the U.S. without adverse impact if the H-1B petition is pending or already approved.

While there is no guidance directly on point, in a policy Memorandum issued on April, 2010, Immigration and Customs Enforcement (“ICE”) advises against travel for an F-1 student whose H-1B change of status petition has not yet been decided. It bases its reasoning on USCIS policy that considers the change of status portion of an H-1B petition as abandoned if the H-1B beneficiary departs the U.S. before USCIS decides the case. The Memorandum is silent regarding cap-gap travel if the H-1B petition is already approved. To be safe, H-1B cap gap beneficiaries should remain in the U.S. during the cap-gap interval and those considering travel abroad should consider making an H-1B visa application in September. H-1B visa status holders can enter 10 days in advance of their start date but can only begin work on October 1.

International Travelers Injected $14.4 Billion Into the U.S. Economy in March, 2013

Stewart Rabinowitz — Sat, 18 May 2013 16:31:07 +0000

The U.S. Department of Commerce has reported that international travelers spent more than $14.4 billion on travel and tourism in the U.S. in just one month, March, 2013, which the Department reports is an increase of 3% over the prior year, and is part of the $43 billion spent during the first quarter of 2013. According to Department officials, international travel and tourism represents is the U.S.’s largest service export.

Travel and tourism supports almost 8 million U.S. jobs and recent increases in tourism account for strong job growth in the leisure and hospitality sector. The Administration has a strategy in place to increase travel and tourism to attract more than 100 million international tourists who may spent up to $250 billion per year and expand economic growth throughout the country. The Administration’s goal is to maintain and improve national security through better law enforcement cooperation in the Visa Waiver program, together with enhancements to visa and visitor processing, and processing at U.S. ports of entry while making the U.S. a destination of choice worldwide. The sheer size and significance of the travel and tourism sector of the U.S. economy and long term U.S. concerns regarding terrorism and national security underscore the difficulty in balancing these interests. But balancing them is what the Administration must do.

Paperless I-94 Processing Goes Into Effect

Stewart Rabinowitz — Fri, 17 May 2013 20:28:49 +0000

Starting April 30, 2013, the United States Customs and Border Protection agency has begun providing foreign national travelers to the United States with a passport stamp and making available an electronic record of admission instead of providing each foreign national with a paper I-94 as evidence of lawful admission. The paperless I-94 process is for foreign national travelers arriving by air and sea. While there is no legal requirement for foreign national to print out a paper form I-94 record, there are several good reasons to do so.

First, a traveler can check admission class and validity period to see that they match the CBP passport stamp and annotation. Second, having an I-94 paper printout can assist a foreign national in obtaining a state driver’s license as well as in obtaining a U.S. Social Security number. Finally, an employment authorized foreign national can furnish an I-94 printout to an employer in completing Form I-9 Employment Eligibility Verification. Foreign nationals can go online to www.cbp.gov/i94 and print out their I-94 record.

Bi-Partisan Group of Senators’ Comprehensive Immigration Reform Bill Arrives in the Senate

Stewart Rabinowitz — Thu, 16 May 2013 22:03:32 +0000

In the most sweeping immigration bill in 60 years, a bipartisan group of U.S. Senators has introduced legislation to revamp the U.S. immigration system. The Senate bill S.744 comprehensively addresses border security, provides a path to provisional immigrant status for those foreign nationals already here, creates a new guest worker program, revises nonimmigrant visa categories, and establishes a merit basis for future U.S. immigration to replace an existing immigration “Diversity Visa Program.” The bill includes other changes as well.

On the nonimmigrant visa side, S.744 both provides for additional nonimmigrant visa categories and additional H-1B visa numbers. It also includes additional restrictions on H-1B and L-1 visa classifications further burdening employers who need foreign talent with additional fees and additional requirements to thwart fraud. As of this writing, the Senate has had 3 days of mark up on S.744.

In this article, we shall examine a summary of the starting point of S. 744 affecting nonimmigrant visa classifications.

A. F-1 Students:

* Dual intent recognized for F-1 students in bachelor’s or graduate degree programs.

B. New E Specialty Workers:

* Permits citizens of countries with whom the U.S. has Bi-Lateral Investment Treaties or Friendship, Commerce and Navigation Treaties to enter the U.S. as specialty occupation workers to work for a U.S. employer offering specialty occupation employment.

* Requires the employer to file and obtain a certified a Labor Condition Application (“LCA”) from the U.S. Dept. of Labor.

* Also provides this benefit specifically to citizens of South Korea.

* Limit is 5,000 visas per year per country.

C. E-3 Visas for citizens of Ireland:

* Irish citizens who seek E-3 status to perform services as an employee must have at least a high school education or its equivalent, or has, within 5 years, at least 2 years of work experience in an occupation which requires at least 2 years of training or experience.

D. Nonimmigrant Visa Portability:

* Both H-1B status holders and now O-1 status holders can begin work with a new H-1B or O-1 employer upon the filing of a new, respective H-1B or O-1 petition provided the new petition is non-frivolous, the H-1B or O-1 status holder has not worked without authorization, and such person has been lawfully admitted.

E. Deference to Previously Approved H-1B and L-1 Petitions:

* If the prior petition does not have material error, a substantial change in circumstances, or adverse newly discovered information, USCIS to defer to the prior petition in exercising its discretion.

F. Nonimmigrant Visa Revalidation Within the U.S:

* Dept. of State to allow visa revalidation in the U.S. for A, E, G, H, I, L, N, O, P, R, or W for otherwise eligible and qualifying applicants.

G. Nonimmigrant Stay and Employment Authorization Extensions:

* Nonimmigrants in employment authorized A, E, G, H I, J, L, O P, Q, R and TN whose employers have filed a timely extension maintain status and employment authorization until the extension is adjudicated.

H. H-1B Specialty Occupation Workers:

* Range of H-1B visa numbers between 110,000 and 180,00 using a High Skilled Demand Index to vary the number. Cap limited to changes of 10,000 visas per year.

* The exemption for foreign nationals with U.S. earned Masters Degree or higher increases to 25,000 but it is limited to STEM occupations, including biological and biomedical sciences.

* Spouses of H-1B will have employment authorization eligibility.

* H-1Bs have a 60 days grace period after termination of employment to depart the U.S. During that period the H-1B considered in status for purposes of filing to extend, change, or adjust status.

* Change to the DOL wage determinations from 4 wage levels to 3. Level 1 = mean of the lowest 2/3 of all surveyed wages in an MSA. Level 2 = mean of all wages. Level 3 = mean of the highest 2/3 of all wages. Employer must pay 100% of prevailing wage.

* 4 level DOL wage determinations remain for nonprofit higher education institutions.

* Employers must recruit for H-Bs by posting notice on a to-be-created DOL H-1B web site for 30 days before filing an LCA. Employer must offer position to a U.S. worker equally or better qualified.

* H-1B employers must attest that they have not and will not displace a U.S. worker for 90 days after the date of filing an LCA. Exempts employers whose number of employees in the same job classification has not changed in the past year. For H-1B dependent employers, the non-displacement period forward and back is 180 days.

* H-1B employers who outsource, lease otherwise contract for placement of services must pay a $500.00 fee. Prohibition on outsourcing for H-1B dependent employers.

* New H-1B or L-1 Fee: In addition to existing H-1B fees, DHS is to collect a new fee from an employer using the H-1B or L-1 program. The fee is $1,250.00 per H-1B petition provided the employer has not more than 25 full time or full time equivalent employees. For employers with 26 or more employees, the fee is $2,500 for an H-1B or L-1 petition. Nonprofit research institutions and nonprofit educational institutions are exempt from these fees.

* Nonprofit institution of higher education, nonprofit research organization, and employers engaged in healthcare who file for a nurse, physician, physical therapist or similar position care not H-1B dependent notwithstanding the number of H-1B workers.

* New definition of “intending immigrant:” A foreign national who intends to live and work in the U.S. for whom a labor certification for 1 year or a filed employment based immigrant visa petition. An intending immigrant is not counted as an employee in H-1B or L status in calculations required under the bill.

* DOL to conduct annual compliance audits of employers who have more than 100 employees if more than 15% of such workforce is in H-1B status.

* H-1B employers to provide H-1B foreign nationals with a copy of the entire H-1B petition within 30 days of filing the LCA. Employer can redact proprietary or financial information.

* USCIS or DOL to provide H-1B or L-1 foreign national with information on employee rights, employer obligations, and government agency contact information.

* H-1B Dependent Employer Fees Increase:

1. In fiscal years 2014-2024, a $5,000 fee for an employer who employs 50 or more employees if more than 30 percent and less than 50 percent of the applicant’s employees are H–1B nonimmigrants or L nonimmigrants.

2. In fiscal years 2015-2017, a fee of $10,000 for an employer who employs 50 or more employees if more than 50 percent and less than 75 percent of the applicant’s employees are H–1B nonimmigrants or L nonimmigrants.

* Nonprofit institutions of higher education are exempt from these fees and intending immigrants do not count as H-1B or L-1 employees.

* Increases penalties for LCA violations to $2,000. Exposes employers to liability for any employee harmed by the violation as to lost wages and benefits.

* In determining prevailing wage level for an employee of an institution of higher education, or a related or affiliated nonprofit entity or a nonprofit research organization or a governmental research organization, the prevailing wage level only takes into account employees at such institutions and organizations in the area of employment.

* H-1B employers cannot

1.    Advertise any as only available to F-1 OPTs or H-1B nonimigrants;
2.    Advertise that F-1 OPT or H-1B will receive preference in the hiring process;
3.    Solely recruit individuals who are or who will be F-1 OPT or H–1B

* Limitation on total H-1B and L-1 nonimmigrants for a specific employer: Employers with 50 or more employees must sum the number of H-1B and L-1 employees.

1.    For FY 2015, that sum cannot exceed 75% of the total number of employees;
2.    For FY 2016, that sum cannot exceed 65%;
3.    After FY2016, that sum cannot exceed 50% of the total number of employees;

* DOL standard of review for LCA to include “completeness and evidence of fraud or misrepresentation.”

1.    DOL has 14 days to certify LCA instead of 7;
2.    Employer can file H-1B petition without LCA, but USCIS cannot approve petition until DOL certifies LCA;
3.    DOL can investigate if DOL finds evidence of fraud or misrepresentation.

* H-1B or L visa or status holder to receive a brochure of employer’s obligations and employee’s rights, and federal agency contact information which can provide additional information. If visa issued abroad, DOS to provide; if change done in the U.S. by USCIS, USCIS to provide.

I. L-1 Intra-company Transferees

* Employer cannot place, outsource, lease or otherwise contract an L-1′s services unless L-1 would not be supervised by outplaced entity, the placement is not essential labor for hire, and other employer attests that it has not displaced and will not displace a United States worker during the period beginning 90 days prior to and 90 days after the date the employer files L petition.

* New Office L-1s: Petition can be approved for up to 12 months if:

1.    Nonimmigrant has not been the beneficiary of 2 or more petitions during the immediately preceding 2 years;
2.    The employer operating the new office has an adequate business plan, sufficient physical premises to carry out the proposed business activities; and
3.    The financial ability to start doing business immediately upon the approval of the petition.

* Extension approval requires:

1.    A statement summarizing the original petition; evidence that the employer has complied with the business plan;
2.    Evidence of the truthfulness of statements in the original new office petition;
3.    Evidence that the employer has been doing business at the new office through regular, systematic, and continuous provision of goods and services;
4.    Statement of the duties the nonimmigrant has performed at the new office during the new office approval period;
5.    Duties the nonimmigrant will perform at the new office during the extension period;
6.    Statement describing the staffing at the new office, including the number of employees and the types of positions held by such employees;
7.    Evidence of wages paid to employees;
8.    Evidence of the financial status of the new office;

* Limitation on total H-1B and L-1 nonimmigrants for a specific employer: Employers with 50 or more employees must sum the number of H-1B and L-1 employees.

* In FY 2014, employers with 50 or more U.S. based employees must pay an L-1 filing fee of $5,000 if more than 30% and less than 50% of the employer’s employees are in H–1B or L-1 status.

* For each FY 2014-2017, employers with 50 or more U.S. employees must pay an L-1 filing fee of $10,000 if more than 50% and less than 75% the employer’s employees are in H–1B or L-1 status.

* DHS can investigate L-1 employers for violations of L-1 requirements based on specific, credible information. DHS can withhold identity of complaining witness. 24 month window. Employer may request a hearing if DHS finds a reasonable basis for employer’s failure to comply and DHS must make a finding within 120 days after hearing.

1. No federal court review of finding permitted.

* DHS may conduct voluntary surveys regarding employer compliance.

* DHS to conduct annual compliance audits of employers with more than 100 U.S. employees if more than 15% such employees are in L-1 status.

* DHS penalties up to $2,000 fine, debarment of 1 year for misrepresentation or failure to comply; up to $10,000 and 2 year debarment for willful failure.

* Employer can be liable to employees for lost wages and benefits harmed by each violation.

Visa Bulletin For June 2013

Stewart Rabinowitz — Mon, 13 May 2013 15:25:28 +0000

Number 57

Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	22APR06	22APR06	22APR06	15AUG93	01JAN00
F2A	08JUN11	08JUN11	08JUN11	08MAY11	08JUN11
F2B	08JUL05	08JUL05	08JUL05	15JUN93	01NOV02
F3	01SEP02	01SEP02	01SEP02	01APR93	15NOV92
F4	01MAY01	01MAY01	01MAY01	15SEP96	08NOV89

*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08MAY11. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08MAY11 and earlier than 08JUN11. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15JUL08	01SEP04	C	C
3rd	01SEP08	01SEP08	08JAN03	01SEP08	22SEP06
Other Workers	01SEP08	22OCT03	08JAN03	01SEP08	22SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JUNE

For June, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	56,000	Except: Egypt 25,000 Ethiopia 36,000 Nigeria 17,000
ASIA	8,900
EUROPE	31,000	Except: Uzbekistan 15,800
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,275
SOUTH AMERICA, and the CARIBBEAN	1,300

C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	66,700	Except: Egypt 50,000 Ethiopia 50,000 Nigeria 17,775
ASIA	9,850
EUROPE	33,000	Except: Uzbekistan 16,850
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,450
SOUTH AMERICA, and the CARIBBEAN	1,500

D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

The Employment-based Third preference category cut-off date for most countries has advanced significantly for a second month in a row. This recent movement of the dates is not indicative of what can be expected in the future. Rapid forward movement of cut-off dates is often followed by a dramatic increase in demand for numbers within three to six months. Once such demand begins to materialize the cut-off date movement will begin to slow, or even stop for a period of time.

Visa Bulletin for May 2013

Stewart Rabinowitz — Wed, 10 Apr 2013 23:21:00 +0000

Number 56
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by April 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	01APR06	01APR06	01APR06	08AUG93	01JUN99
F2A	01MAR11	01MAR11	01MAR11	01FEB11	01MAR11
F2B	15MAY05	15MAY05	15MAY05	01MAY93	08SEP02
F3	08AUG02	08AUG02	08AUG02	01APR93	22OCT92
F4	01MAY01	01MAY01	01MAY01	08SEP96	01OCT89

*NOTE: For May, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01FEB11. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01FEB11 and earlier than 01MAR11. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15MAY08	01SEP04	C	C
3rd	01DEC07	01DEC07	22DEC02	01DEC07	15SEP06
Other Workers	01DEC07	01SEP03	22DEC02	01DEC07	15SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

B. DIVERSITY IMMIGRANT (DV) CATEGORY

For May, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	43,400	Except: Egypt 23,500 Ethiopia 32,900 Nigeria 17,000
ASIA	7,850
EUROPE	27,500	Except: Uzbekistan 13,700
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,115
SOUTH AMERICA, and the CARIBBEAN	1,200

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	56,000	Except: Egypt 25,000 Ethiopia 36,000 Nigeria 17,000
ASIA	8,900
EUROPE	31,000	Except: Uzbekistan 15,800
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,275
SOUTH AMERICA, and the CARIBBEAN	1,300

D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

The Employment-based Third preference category cut-off date for most countries has advanced significantly. This has been done in an attempt to generate demand so that the annual numerical limits may be fully utilized, and such movements may continue for the next few months. The rapid movement of cut-off dates is often followed months later by a dramatic increase in demand for numbers. Once such demand begins to materialize the cut-off date movements will begin to slow or stop.

U.S. Customs and Border Protection to Eliminate Paper Arrival/Departure Documents

Stewart Rabinowitz — Tue, 09 Apr 2013 17:38:19 +0000

Effective April 30, 2013, foreign national nonimmigrants arriving by air or sea will not have to complete a paper Form I-94 Arrival/Departure Document upon arrival in the U.S. Instead, U.S. Customs and Border Protection (“CBP”) will physically stamp each nonimmigrant’s admission and electronically record it from each applicant’s electronic travel record. According to CBP, nonimmigrant foreign nationals departing the U.S. will not need to do anything differently. If a foreign national nonimmigrant did not receive a paper Form I-94, CBP will automatically record the foreign national’s departure electronically from the carrier’s passenger manifest.

Electronic I-94 processing is expected to save CBP over $15 million annually. For foreign national nonimmigrants who need a paper confirmation of admission, CBP will have a website page where a foreign national nonimmigrant can print out their admission record information when needed for other pruposes.

Land border ports of entry are not presently included in this rollout and foreign national nonimmigrant will continue to receive a paper Form I-94.

CBP plans to rollout the electronic admission process over a 4 week period at the rate of 5 pilot ports of entry per week.

USCIS Receives 124,000 H-1B Petitions for Fiscal Year 2014

Stewart Rabinowitz — Tue, 09 Apr 2013 17:28:09 +0000

On April 8, 2013, USCIS announced that it received about 124,000 H-1B petitions for the fiscal year 2014 reaching both the 65,000 statutory cap and reaching the special, additional 20,000 H-1B petition quota for foreign nationals with U.S. earned advanced degrees. It also announced that on April 7, 2013, it had conducted a random selection process to choose petitions to meet the 65,000 cap and the additional 20,000 advanced degree limit.

As it announced on March 15, 2013, USCIS will resume premium processing on April 15, 2013, which it temporarily suspended in advance of the predicted H-1B filing deluge which it just received. USCIS will also begin returning rejected filings, together with the attached filing fees.

H-1B Cap Reached Within First Week Employers Could File for Fiscal Year 2014

Stewart Rabinowitz — Sat, 06 Apr 2013 17:55:11 +0000

USCIS announced on April 5, 2013 that it had received more than 65,000 cap subject H-1B petitions for bachelors degree holders, as well as more than 20,000 cap subject H-1B petitions for U.S. master degree holders during the first week that U.S. employers could file H-1B petitions for the fiscal year 2014. Fiscal year 2014 begins on October 1, 2013.

The effect of this notice is twofold: First, USCIS will engage in a random selection process to choose H-1B cap subject petitions for the next fiscal year, and second, that USCIS will not accept any additional H-1B cap subject petitions received after April 5, 2013.

As of this writing, USCIS has not stated when its random selection process or “lottery” will occur. Those H-1B petitions not chosen will be returned to the employer, inclusive of the submitted fees. USCIS has announced that it will conduct its random selection process for H-1B for the 20,000 advanced degree exemption first. More information about the total number of H-1B petition submitted will be forthcoming, the agency announced.

For more information, please check back at http://www.rabinowitzrabinowitz.com frequently.

Visa Bulletin for April 2013

Stewart Rabinowitz — Mon, 11 Mar 2013 19:28:02 +0000

Number 55
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by March 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	08MAR06	08MAR06	08MAR06	01AUG93	15FEB99
F2A	15DEC10	15DEC10	15DEC10	01DEC10	15DEC10
F2B	08APR05	08APR05	08APR05	22FEB93	15JUL02
F3	22JUL02	22JUL02	22JUL02	22MAR93	01OCT92
F4	01MAY01	01MAY01	01MAY01	01SEP96	15AUG89

*NOTE: For April, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01DEC10. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01DEC10 and earlier than 15DEC10. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01APR08	01SEP04	C	C
3rd	01JUL07	22APR07	08DEC02	01JUL07	08SEP06
Other Workers	01JUL07	01AUG03	08DEC02	01JUL07	08SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

B. DIVERSITY IMMIGRANT (DV) CATEGORY

For April, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	33,500	Except: Egypt 19,175 Ethiopia 29,700 Nigeria 14,500
ASIA	6,525
EUROPE	22,850	Except: Uzbekistan 13,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,000
SOUTH AMERICA, and the CARIBBEAN	1,075

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MAY

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	43,400	Except: Egypt 23,500 Ethiopia 32,900 Nigeria 17,000
ASIA	7,850
EUROPE	27,500	Except: Uzbekistan 13,700
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,115
SOUTH AMERICA, and the CARIBBEAN	1,200

Contrary to Prior Predictions, DOS Now Reports That the EB-5 Immigrant Investor Numbers for Chinese Investors May Remain Available for the Fiscal Year.

Stewart Rabinowitz — Mon, 04 Mar 2013 21:21:15 +0000

The Department of State advises in the March, 2013 Visa Bulletin (See http://www.rabinowitzrabinowitz.com/2013/02/visa-bulletin-for-march-2013/) that due to visa demand changes, entrepreneur investors from China are not likely to face a visa number wait time for an immigrant visa. As background, the EB-5 program permits certain foreign nationals who have made a $500,000 or $1,000,000 investment in the U.S., and who meet other requirements, to gain permanent resident status arising out of their investment. The program provides 10,000 entrepreneur investor visas per fiscal year. For the first time in December, 2012, the DOS advised that high visa demand by investors from China had increased to level such that there appeared to be more applicants than visa numbers that could be issued to citizens of China. As a result, the DOS advised that a cut-off date would be imposed, meaning a date after which applicants would have to wait for a visa number to become available. This, according to DOS, would likely occur during the last 6 months of the fiscal year starting in March, 2013. The DOS recently advised that EB-5 visa demand from China is now averaging out to a manageable level and a cutoff would not likely be needed. This means that EB-5 visa numbers should remain available for Chinese applicants for the rest of the fiscal year ending September 30, 2013.

Gridlock: Automatic Agency Budget Cuts to Affect DHS and DOS Operations N

Stewart Rabinowitz — Mon, 04 Mar 2013 21:15:55 +0000

Now that the unimaginable, automatic across-the-board budgets cuts are effective, both the Department of Homeland Security (“DHS”) and the Department of State (“DOS”) have opined on the potential, long term impact of the cuts on their agencies’ operations. In a cost saving move, DHS has just released hundreds of low priority immigration detainees who have either been held on civil immigration violations, or have been convicted of minor crimes and are in removal proceedings. Because the benefits agency of DHS, the United States Citizenship and Services (“USCIS”) operations are fee based, case adjudications may be less impacted than other DHS operations. Long term cut effects may involve longer lines at TSA airport checkpoints, longer border crossing lines at the U.S.- Mexico and U.S-Canadian borders, and longer cargo inspection times. The DOS has expressed concern for increased visa delays owing to fewer officers adjudicating visa applications despite the DOS’ recent focused efforts to shorten visa adjudication time periods. The impacts of these cuts will likely grow over time if there is no new legislation to modify them. Employers and foreign national visa applications should be mindful of likely increased frustration with DHS and DOS processing overall, perhaps in unlikely ways.

Visa Bulletin For March 2013

Stewart Rabinowitz — Tue, 12 Feb 2013 17:38:17 +0000

Number 54

Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during March. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by February 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	15FEB06	15FEB06	15FEB06	22JUL93	15OCT98
F2A	22NOV10	22NOV10	22NOV10	15NOV10	22NOV10
F2B	01MAR05	01MAR05	01MAR05	15JAN93	08JUN02
F3	15JUL02	15JUL02	15JUL02	15MAR93	15SEP92
F4	22APR01	22APR01	22APR01	15AUG96	15JUL89

*NOTE: For March, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15NOV10. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15NOV10 and earlier than 22NOV10. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15FEB08	01SEP04	C	C
3rd	01MAY07	22JAN07	22NOV02	01MAY07	01SEP06
Other Workers	01MAY07	01JUL03	22NOV02	01MAY07	01SEP06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

B. DIVERSITY IMMIGRANT (DV) CATEGORY

For March, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	25,850	Except: Egypt 15,600 Ethiopia 24,400 Nigeria 12,150
ASIA	5,200
EUROPE	16,200	Except: Uzbekistan 13,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	850
SOUTH AMERICA, and the CARIBBEAN	900

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN APRIL

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	33,500	Except: Egypt 19,175 Ethiopia 29,700 Nigeria 14,500
ASIA	6,525
EUROPE	22,850	Except: Uzbekistan 13,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	1,000
SOUTH AMERICA, and the CARIBBEAN	1,075

D. VISA AVAILABILITY IN THE COMING MONTHS (April – June)

FAMILY-sponsored categories (potential monthly movement)

Worldwide dates:
F1: Three or four weeks
F2A: Three to five weeks
F2B: Three to five weeks
F3: One or two weeks
F4: Up to two weeks

EMPLOYMENT-based categories (potential monthly movement)

Employment First: Current

Employment Second:

Worldwide: Current

China: Three to six weeks

India: No movement. Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from U.S. Citizenship and Immigration Services (USCIS) Offices for adjustment of status cases remains extremely high. Should the current rate of demand continue, it is likely that at some point the cut-off date will need to be retrogressed in an effort to hold demand within the FY-2013 annual limit.

Employment Third:

Worldwide:    Four to six weeks
China:        Two to three months
India:        Up to two weeks
Mexico:       Four to six weeks
Philippines: Up to one week

Employment Fourth: Current

Employment Fifth: Current

Item D of the December 2012 Visa Bulletin alerted readers that a China cut-off date might be imposed at some point during the second half of the fiscal year. Currently there is no reason to believe that it will be necessary to establish a China Employment Fifth preference category cut-off date during FY-2013, since demand over first six months of FY-2013 has now averaged out to a manageable level.

The above projections for the Family and Employment categories are for what is likely to happen during each of the next few months based on current applicant demand patterns. Readers should never assume that recent trends in cut-off date movements are guaranteed for the future. The determination of the actual monthly cut-off dates is subject to fluctuations in applicant demand and a number of other variables which can change at any time. Those categories with a “Current” projection will remain so for the foreseeable future.

Text of Bipartisan Framework for Comprehensive Immigration Reform

Stewart Rabinowitz — Sun, 03 Feb 2013 18:07:09 +0000

Texas of Bipartisan Framework for Comprehensive Immigration Reform
Senators Schumer, McCain, Durbin, Graham, Menendez, Rubio, Bennet, and Flake

Introduction

We recognize that our immigration system is broken. And while border security has improved
significantly over the last two Administrations, we still don’t have a functioning immigration
system. This has created a situation where up to 11 million undocumented immigrants are living
in the shadows. Our legislation acknowledges these realities by finally committing the resources
needed to secure the border, modernize and streamline our current legal immigration system,
while creating a tough but fair legalization program for individuals who are currently here. We
will ensure that this is a successful permanent reform to our immigration system that will not
need to be revisited.

Four Basic Legislative Pillars:

* Create a tough but fair path to citizenship for unauthorized immigrants currently living in the United States that is contingent upon securing our borders and tracking whether legal immigrants have left the country when required;

* Reform our legal immigration system to better recognize the importance of characteristics that will help build the American economy and strengthen American families;

* Create an effective employment verification system that will prevent identity theft and end the hiring of future unauthorized workers; and,

* Establish an improved process for admitting future workers to serve our nation’s workforce needs, while simultaneously protecting all workers.

I. Creating a Path to Citizenship for Unauthorized Immigrants Already Here that is Contingent Upon Securing the Border and Combating Visa Overstays

* Our legislation will provide a tough, fair, and practical roadmap to address the status of
unauthorized immigrants in the United States that is contingent upon our success in securing
our borders and addressing visa overstays.

* To fulfill the basic governmental function of securing our borders, we will continue the
increased efforts of the Border Patrol by providing them with the latest technology,
infrastructure, and personnel needed to prevent, detect, and apprehend every unauthorized
entrant.

* Additionally, our legislation will increase the number of unmanned aerial vehicles and
surveillance equipment, improve radio interoperability and increase the number of agents at
and between ports of entry. The purpose is to substantially lower the number of successful
illegal border crossings while continuing to facilitate commerce.

* We will strengthen prohibitions against racial profiling and inappropriate use of force,
enhance the training of border patrol agents, increase oversight, and create a mechanism to
ensure a meaningful opportunity for border communities to share input, including critiques.

* Our legislation will require the completion of an entry-exit system that tracks whether all
persons entering the United States on temporary visas via airports and seaports have left the
country as required by law.

* We recognize that Americans living along the Southwest border are key to recognizing and
understanding when the border is truly secure. Our legislation will create a commission
comprised of governors, attorneys general, and community leaders living along the
Southwest border to monitor the progress of securing our border and to make a
recommendation regarding when the bill’s security measures outlined in the legislation are
completed.

* While these security measures are being put into place, we will simultaneously require those
who came or remained in the United States without our permission to register with the
government. This will include passing a background check and settling their debt to society
by paying a fine and back taxes, in order to earn probationary legal status, which will allow
them to live and work legally in the United States. Individuals with a serious criminal
background or others who pose a threat to our national security will be ineligible for legal
status and subject to deportation. Illegal immigrants who have committed serious crimes
face immediate deportation.

* We will demonstrate our commitment to securing our borders and combating visa overstays
by requiring our proposed enforcement measures be complete before any immigrant on
probationary status can earn a green card

* Current restrictions preventing non-immigrants from accessing federal public benefits will
also apply to lawful probationary immigrants.

* Once the enforcement measures have been completed, individuals with probationary legal
status will be required to go to the back of the line of prospective immigrants, pass an
additional background check, pay taxes, learn English and civics, demonstrate a history of
work in the United States, and current employment, among other requirements, in order to
earn the opportunity to apply for lawful permanent residency. Those individuals who
successfully complete these requirements can eventually earn a green card.

* Individuals who are present without lawful status – not including people within the two
categories identified below – will only receive a green card after every individual who is
already waiting in line for a green card, at the time this legislation is enacted, has received
their green card. Our purpose is to ensure that no one who has violated America’s
immigration laws will receive preferential treatment as they relate to those individuals who
have complied with the law.

* Our legislation also recognizes that the circumstances and the conduct of people without
lawful status are not the same, and cannot be addressed identically.

* For instance, individuals who entered the United States as minor children did not knowingly choose to violate any immigration laws. Consequently, under our proposal these individuals will not face the same requirements as other individuals in order to earn a path to citizenship.

* Similarly, individuals who have been working without legal status in the United States agricultural industry have been performing very important and difficult work to maintain America’s food supply while earning subsistence wages. Due to the utmost importance in our nation maintaining the safety of its food supply, agricultural workers who commit to the long term stability of our nation’s agricultural industries will be treated differently than the rest of the
undocumented population because of the role they play in ensuring that Americans have safe and secure agricultural products to sell and consume. These individuals will earn a path to citizenship through a different process under our new agricultural worker program.

II. Improving our Legal Immigration System and Attracting the World’s Best and Brightest

* The development of a rational legal immigration system is essential to ensuring America’s
future economic prosperity. Our failure to act is perpetuating a broken system which sadly
discourages the world’s best and brightest citizens from coming to the United States and
remaining in our country to contribute to our economy. This failure makes a legal path to
entry in the United States insurmountably difficult for well-meaning immigrants. This
unarguably discourages innovation and economic growth. It has also created substantial visa
backlogs which force families to live apart, which incentivizes illegal immigration.

* Our new immigration system must be more focused on recognizing the important
characteristics which will help build the American economy and strengthen American
families. Additionally, we must reduce backlogs in the family and employment visa
categories so that future immigrants view our future legal immigration system as the
exclusive means for entry into the United States.

* The United States must do a better job of attracting and keeping the world’s best and
brightest. As such, our immigration proposal will award a green card to immigrants who
have received a PhD or Master’s degree in science, technology, engineering, or math from an
American university. It makes no sense to educate the world’s future innovators and
entrepreneurs only to ultimately force them to leave our country at the moment they are most
able to contribute to our economy. 4

III. Strong Employment Verification

* We recognize that undocumented immigrants come to the United States almost exclusively
for jobs. As such, dramatically reducing future illegal immigration can only be achieved by
developing a tough, fair, effective and mandatory employment verification system. An
employment verification system must hold employers accountable for knowingly hiring
undocumented workers and make it more difficult for unauthorized immigrants to falsify
documents to obtain employment. Employers who knowingly hire unauthorized workers
must face stiff fines and criminal penalties for egregious offenses.

* We believe the federal government must provide U.S. employers with a fast and reliable
method to confirm whether new hires are legally authorized to work in the United States.
This is essential to ensure the effective enforcement of immigration laws.

* Our proposal will create an effective employment verification system which prevents identity
theft and ends the hiring of future unauthorized workers. We believe requiring prospective
workers to demonstrate both legal status and identity, through non-forgeable electronic
means prior to obtaining employment, is essential to an employee verification system; and,

* The employee verification system in our proposal will be crafted with procedural safeguards
to protect American workers, prevent identity theft, and provide due process protections.

IV. Admitting New Workers and Protecting Workers’ Rights

* The overwhelming majority of the 327,000 illegal entrants apprehended by CBP in FY2011
were seeking employment in the United States. We recognize that to prevent future waves of
illegal immigration a humane and effective system needs to be created for these immigrant
workers to enter the country and find employment without seeking the aid of human
traffickers or drug cartels.

* Our proposal will provide businesses with the ability to hire lower-skilled workers in a timely
manner when Americans are unavailable or unwilling to fill those jobs.

* Our legislation would:

* Allow employers to hire immigrants if it can be demonstrated that they were unsuccessful in recruiting an American to fill an open position and the hiring of an immigrant will not displace American workers;

* Create a workable program to meet to meet the needs of America’s agricultural industry,
including dairy to find agricultural workers when American workers are not available to fill open positions;

* Allow more lower-skilled immigrants to come here when our economy is creating jobs, and fewer when our economy is not creating jobs;5

* Protect workers by ensuring strong labor protections; and,

* Permit workers who have succeeded in the workplace and contributed to their communities over many years to earn green cards

USCIS Issues Guidance on its New Provisional Waiver Processing

Stewart Rabinowitz — Mon, 28 Jan 2013 16:20:26 +0000

USCIS has released additional information regarding its new provisional waiver program. The program permits certain otherwise visa ineligible immigrants to apply for a waiver while still in the U.S. and then use the approved provisional waiver when he or she appears for an immigrant visa interview abroad. The program is to begin accepting filings on March 4, 2013.

As background, in early January, 2013, the Department of Homeland Security published a final rule providing that the spouse, parent, or child of a U.S. citizen who is in the U.S. and who is applying for an immigrant visa abroad and who has accrued unlawful presence in the U.S. (that is, has overstayed the time period authorized at the time of last admission, or who had entered without inspection) can apply for a waiver of unlawful presence while in the U.S. and before departing to conclude immigrant visa issuance at a U.S. consular post abroad. Under current processing such an applicant would have to apply for a waiver abroad after having been found ineligible for an immigrant visa at the immigrant visa interview, and then wait for the waiver to be decided while the applicant is abroad, separated from U.S. family members. The provisional waiver program is designed to minimize family separation time by having the waiver application decided before the immigrant visa applicant departs the U.S. for his or her interview.

USCIS clarified that the provisional waiver is available only to applicants who have a single basis of visa ineligibility: unlawful presence. An applicant with more than 1 basis of visa ineligibility must still apply for a waiver abroad after the immigrant visa interview. The waiver requirements remain unchanged: An applicant must still establish that refusal of his or her admission to the U.S. would result in extreme hardship to a U.S. citizen spouse or parent. Only the location and timing of filing are affected by the new provisional waiver program. Provisional waiver processing is also only available to an immigrant who has an immigrant visa case pending at the Department of State and who has already paid the DOS application fee. An immigrant with an existing order of removal, or who is not the beneficiary of an approved immigrant visa petition as an immediate relative, or who is in removal proceedings, or who is an adjustment of status applicant is also not eligible to use the program.

All provisional waiver applicants will be scheduled for a biometrics appointment in the U.S., and in some cases, could be interviewed by USCIS on his or her provisional waiver application. The provisional waiver does not provide employment authorization, nor stop unlawful presence from continuing to be counted, nor protect an applicant from the institution of removal proceedings, although USCIS advises that it does not plan to refer either an approved or a denied provisional waiver case to ICE unless the basis for the referral is a DHS enforcement priority. A provisional waiver grants one key legal benefit: the immigrant can quickly process at a U.S. consular post abroad and not be delayed by the requirement to apply for and obtain a waiver while abroad and separated from U.S. close family members.

Notwithstanding some of its limitations, provisional waiver processing is welcome news for the spouses, children and parents of U.S. citizens.

GAO Report Spotlights TSA Complaint Processes

Stewart Rabinowitz — Sun, 20 Jan 2013 16:55:49 +0000

The Transportation Security Administration has complaints about its own complaint system.

The U.S. Government Accountability Office (GAO) issued a report on November 29, 2012 detailing the shortcomings of the Transportation Security Administration’s (TSA) complaint processes and recommended improvements.

In testimony before the Subcommittee on Aviation, Committee on Transportation and Infrastructure of the House of Representatives, Stephen M. Lord, Director of Homeland Security and Justice Issues for the GAO, outlined the findings of the November report assessing the TSA’s efforts to improve the collection and analysis of the thousands of customer complaints the agency receives each year.

The first of the report’s four key findings concerned the receiving and analysis of complaints. While the TSA has various mechanisms for receiving customer complaints, the report found that the TSA lacks an agency-wide policy and consistent processes for receiving and mining complaints for data to inform management about their nature and extent. Airport-level TSA staff have discretion in how they implement processes to receive and record complaints.

The GAO recommended the TSA establish an agency-wide policy for receiving and reporting complaints and implement a process to compile and analyze complaints received via all complaint mechanisms. The Department of Homeland Security (DHS) responded by saying it concurred with the GAO’s recommendations.

Next, the GAO report found that the TSA has several methods of informing travelers of the various ways in which they may submit feedback and issue complaints, but lacks an agency-wide policy to ensure the consistent use of these methods at airports. For example, the agency has developed comment cards and related signage for display at security checkpoints informing customers of feedback and complaint methods, but only two of the six airports visited by GAO officials openly displayed the comment cards. Another two had them available upon request, and the last two had no comment cards available. The GAO recommended that the TSA establish a consistent policy for informing travelers about complaint processes and establish methods for identifying best practices in this regard among airport-level staff. The DHS concurred with the recommendations.

The third key finding was that processes established by the TSA for the resolution of complaints do not conform to independence standards developed to ensure fairness and impartiality.

“Specifically,” the report says, “TSA airport officials responsible for resolving air passenger complaints are generally in the same chain of command as TSA airport staff who are the subjects of the complaints.”

Although the TSA has an Ombudsman Division, it is tasked primarily with handling internal personnel matters, not complaints from air passengers. According to the report, the TSA is in the process of developing and implementing a process by which air passenger complaints are referred directly to the Ombudsman Division.

Finally, the report covered the TSA’s recent efforts to focus its screening resources on high-risk passengers and “improve the passenger experience” at security checkpoints with its Pre?TM program. Pre?TM is an expedited screening process whereby pre-vetted trusted travelers can enjoy a streamlined pre-flight screening process. The TSA introduced the program in 2012 and is rapidly expanding it to additional airports nationwide. In 2013, the GAO will assess the TSA’s progress in implementing the Pre?TM program.

Stewart Rabinowitz is President of Rabinowitz & Rabinowitz, P.C. Mr. Rabinowitz is Board Certified in Immigration and Nationality Law by the Texas Board of Legal Specialization. To contact a Dallas immigration lawyer or Dallas immigration attorney visit Rabinowitzrabinowitz.com

North Carolina Company Settles Discrimination Charges with Justice Department

Stewart Rabinowitz — Thu, 17 Jan 2013 16:54:22 +0000

A company recently found itself in trouble after not accurately assessing the legal status of its employees.

Business owners must balance carefully verifying new hires’ work eligibility with improperly terminating or disqualifying individuals who are work eligible, in compliance with federal law. A North Carolina company learned this lesson the hard way. The U.S. Department of Justice (DOJ) announced on November 29, 2012 that it had reached a settlement with Salisbury, N.C.-based Gamewell Mechanical Inc. resolving claims of discrimination in the termination of three of the company’s employees.

Gamewell, a subsidiary of Woodfin Heating, Inc. which fabricates and installs heating and air conditioning systems, fired the employees after incorrectly assuming that they were undocumented foreign nationals. The three were actually U.S. citizens.

Managers at Gamewell were acting on information that six of its other employees were undocumented foreign nationals. They believed that the three U.S. citizens were likewise unauthorized to work in the U.S. and terminated them. One of the three employees complained and as a result of the DOJ investigation which followed, federal investigators charged the company with violations of the anti-discrimination provision of the Immigration and Nationality Act.

The provision prohibits employers from discriminating against any individual in the hiring, or the discharging of the individual from employment because of such individual’s national origin, or in some cases, such individual’s citizenship status.

The terms of the settlement require Gamewell Mechanical to pay the fired workers $10,560 in back pay and pay civil penalties amounting to $9,600 to the U.S. government. The company must also educate its human resources employees on their responsibility to avoid discrimination when verifying the employment eligibility of prospective employees. Gamewell will be subject to reporting and compliance monitoring by the DOJ for a period of 18 months.

“The anti-discrimination provision protects work-authorized individuals from being treated differently in employment based on discriminatory assumptions about their status, said Thomas E. Perez, Assistant Attorney General for the DOJ’s Civil Rights Division. “The Civil Rights Division is fully committed to vigorously enforcing the law.”

Visa Bulletin For February 2013

Stewart Rabinowitz — Thu, 10 Jan 2013 17:58:42 +0000

Number 53
Volume IX
Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during February. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by January 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

Family-Sponsored	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
F1	15JAN06	15JAN06	15JAN06	15JUL93	08MAR98
F2A	22OCT10	22OCT10	22OCT10	08OCT10	22OCT10
F2B	15JAN05	15JAN05	15JAN05	15DEC92	15MAY02
F3	08JUL02	08JUL02	08JUL02	08MAR93	22AUG92
F4	15APR01	15APR01	15APR01	01AUG96	01JUN89

*NOTE: For February, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08OCT10. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08OCT10 and earlier than 22OCT10. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15JAN08	01SEP04	C	C
3rd	15MAR07	15NOV06	15NOV02	15MAR07	22AUG06
Other Workers	15MAR07	01JUL03	15NOV02	15MAR07	22AUG06
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

B. DIVERSITY IMMIGRANT (DV) CATEGORY

For February, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	22,000	Except: Egypt 13,000 Ethiopia 20,400 Nigeria 11,000
ASIA	4,300
EUROPE	13,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	725
SOUTH AMERICA, and the CARIBBEAN	775

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MARCH

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	25,850	Except: Egypt 15,600 Ethiopia 24,400 Nigeria 12,150
ASIA	5,200
EUROPE	16,200	Except: Uzbekistan 13,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	850
SOUTH AMERICA, and the CARIBBEAN	900

USCIS To Issue Final Rule on Stateside Provisional Waivers

Stewart Rabinowitz — Wed, 02 Jan 2013 18:40:17 +0000

Early this morning, January 2, 2013, USCIS announced the posting of its final rule which permits a foreign national who is presently in the U.S., is married to a U.S. citizen, and is applying to become a lawful permanent resident, to apply for waiver of unlawful presence before departing the U.S. for an immigrant visa interview abroad. The goal of the rule is to reduce the time that a U.S. citizen and the foreign national spouse are separated.

The effective date of the new rule is March 4, 2013. Stay tune for more information as it becomes available.

Happy New Year 2013

Stewart Rabinowitz — Sun, 30 Dec 2012 17:17:21 +0000

To all of our readers, we wish everyone a healthy, prosperous, and Happy 2013.

Sincerely,

Stewart Rabinowitz

CBP Discusses Required Documents for 2012 Holiday Season Travel

Stewart Rabinowitz — Sun, 30 Dec 2012 02:01:02 +0000

The 2012 holiday season is in full swing, and that means the coming weeks will see an influx of foreign nationals visiting the United States and U.S. citizens returning home from travel abroad. U.S. Customs and Border Protection (CBP) is reminding travelers to be aware of identification requirements to keep the U.S. immigration and customs processing smooth and hassle-free.

Under the Western Hemisphere Travel Initiative (WHTI), all U.S. citizens and residents re-entering the country from Mexico, Canada, the Caribbean or Bermuda, by land or sea, are required to present acceptable identification.

For U.S. citizens age 16 and older, acceptable forms of identification under WHTI include the following: U.S. passports; U.S. passport cards, which are valid for entry into the U.S. by land or sea from Canada, Mexico, the Caribbean or Bermuda, but which are not valid for international air travel; enhanced driver’s licenses, currently issued in Michigan, New York, Vermont, and Washington; and Trusted Traveler Program cards (Global Entry, NEXUS, SENTRI, and FAST).

Children under 16 may present an original or copied birth certificate, a naturalization certificate, or a Canadian citizenship card. Lawful permanent residents may present their permanent residence card.

Frequent travelers may already be familiar with CBP’s popular Global Entry program, which continues to expand and was recently launched at Baltimore Washington International Thurgood Marshall Airport (BWI).

Under this voluntary program, low-risk international travelers who complete a screening process are permitted, upon arrival in the U.S., to bypass standard CBP inspections. Instead, Global Entry members use automated kiosks for expedited clearance.

“Global Entry has proven to be an extraordinarily successful program that has been welcomed by international travelers and applauded by the travel industry,” said CBP Port Director Ricardo Scheller in a statement.

Nearly half a million individuals have enrolled directly in the Global Entry program. Members of other CBP Trusted Traveler programs, such as NEXUS and SENTRI, can also use Global Entry kiosks, but should first check their status online in the Global Online Enrollment System (GOES).

“Global Entry benefits both Customs and Border Protection and the trusted traveler community in that it allows us to better focus our resources and efforts on travelers and goods that we know less about, while expediting trusted travelers through the arrivals experience,” said Scheller.

Applicants must possess a U.S. passport or permanent resident card, pay a $100 application fee, pass a law enforcement background check, and complete an interview with the CBP.

DHS Issues Report on the U.S. Nonimmigrant Population

Stewart Rabinowitz — Sat, 22 Dec 2012 02:00:29 +0000

The U.S. Department of Homeland Security (DHS) recently issued a report estimating the size and demographic characteristics of the U.S. resident nonimmigrant population. The term resident nonimmigrant refers to foreigner nationals temporarily living in the United States, such as students and temporary workers.

Characteristics analyzed for the report included the admission category, i.e., the purpose of the temporary stay, the foreign national’s citizenship, age, gender, and U.S. state of destination.

Researchers derived the estimates from DHS records of nonimmigrant arrivals and departures for a 12-month period from July 1, 2010 through June 30, 2011.

The population size was estimated in three steps. First, researchers used a number of arrival and departure records to estimate the distribution of lengths of all nonimmigrant visits to the U.S. Next, the expected dates of residency were calculated using arrival records and the visit length distributions from the first step. Expected visit dates falling outside the 12-month period were not counted. Finally, the average daily population size was calculated by adding together the days of expected residence for all visits and dividing that number by 365.

The average daily number of nonimmigrant residents during the 12-month period was approximately 1.9 million. The largest admission category was temporary workers, making up 45 percent of the total, and students, at 38 percent. Exchange visitors accounted for 13 percent, and diplomats and other international representatives made up 5 percent.

Just under half of resident nonimmigrants were citizens of Asian nations, led by India (22 percent), China (9 percent), and South Korea (8 percent). North Americans made up 16 percent of visitors, and Europeans amounted to 14 percent.

Nonimmigrants from India and Mexico were more likely to be temporary workers, while those from China and Korea were disproportionately students.

California was the most popular destination state, accounting for 14 percent of the total. Next were New York (12 percent), Texas (8 percent), Florida (5 percent), and New Jersey (5 percent).

Indians were found to be more likely to go to New Jersey (11 percent), Koreans tended to go to California (21 percent), and disproportionately many Canadians resided in New York (17 percent).

One out of three nonimmigrant residents was under the age of 25, 40 percent were 25-34, and 27 percent were over age 35. Just over half were male, at 55 percent. Disproportionately many males came from India, Canada, and Mexico, while less than half of those from China and Korea were male.