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greencardlawyers.com > immigration news
(2005)
Immigration NewsRead the 2005 news and information about immigration issues that affect you. We provide short summaries of the announcements, news and article about immigration to the United States. Many have links to more information on that topic. Dec. 20, 2005 USCIS Updates Counts on H-2B and H-1B Advanced Degree Usage USCIS recently provided updated figures on fiscal year 2006 usage of H-2B first-half numbers and H-1B numbers for graduates of U.S. advanced degree programs. A copy of the update can be found here. Note the asterisked explanation of why the H-2B numbers exceed the first-half quota and how USCIS plans to cut off that category. Nov. 19, 2005 USCIS Issues Memorandum on H-1B/L-1 Recapture In a memorandum issued last month, Michael Aytes, USCIS Acting Associate Director for Domestic Operations, provided guidance regarding procedures for determining the amount of time that can be recaptured for H-1B and L-1 nonimmigrants who have been out of the country. According to the memorandum, "any days spent outside of the United States during the validity period of an H-1B or L-1 petition will not be counted toward the maximum period of stay in the United States in H-1B or L-1 status, provided that the alien is able to submit independent documentary evidence establishing that he or she was in fact physically outside of the United States during the days for which the alien is seeking recapture." For more details, click here. Nov. 5, 2005 DHS Inspector General Finds that USCIS Over-Issued H-1Bs in Fiscal 2005 In a recent report, the DHS Inspector General examined how USCIS came to approve more than 65,000 H-1Bs in fiscal year 2005. The report summarizes the results of its study, provides an analysis of those results, and offers recommendations for the future. For a copy of the report click here. Nov. 5, 2005 USCIS Refuses to Recapture Fiscal 2005 Chile/Singapore H-1B Numbers On October 21, 2005, USCIS responded to a letter from Senators on the Immigration Subcommittee. In their response, USCIS refused to follow the Senators' request to add unused fiscal 2005 Chile and Singapore H-1B1 numbers back into the H-1B pool. To read the Senators' letter, click here. To read the USCIS response, click here. Nov. 5, 2005 Senate Judiciary Committee Passes Proposal to Provide H-1B Visa and Employment-Based Immigration Relief The Senate Judiciary Committee has passed a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs in exchange for increased fees on some petitions. However, this measure, part of the budget reconciliation process, still must pass the full Senate and then be reconciled with the House's alternative proposal, which imposes a $1,500 fee increase on L visas. For more information, click here. Nov. 5, 2005 USCIS Fee Increases Take Effect
The new USCIS fee structure became effective on October 26, 2005. To read the September
26 notice announcing these changes, click
here. Oct. 23, 2005 USCIS Releases Numbers on Remaining H-1B Masters Numbers USCIS has updated its website with the current count for usage of the H-1B numbers for graduates of U.S. masters or above programs for fiscal years 2005 and 2006. It appears that there will be sufficient numbers to get to the end of fiscal 2005, but usage of 2006 numbers is heavy. For details, click here. Sept. 23, 2005 FEMA Provides Q&A for Undocumented Immigrants A question & answer document from FEMA explains the limited types of assistance available to undocumented immigrants, provides phone numbers for voluntary agencies that may be able to provide more substantial assistance, and notes that U.S. citizen children may qualify the household for FEMA assistance. For the Q&A, click here for English and here for Spanish. For English and Spanish charts from FEMA illustrating what statuses make a person a "qualified alien" for purposes of qualifying for FEMA disaster assistance, click here for English and here for Spanish. Sept. 23, 2005 Latest Visa Bulletin Shows Severe Retrogressions in EB-1 and EB-2 Preferences for India & China The October 2005 Visa Bulletin shows severe retrogressions in India and China employment-based first and second preferences, and early cutoff dates in worldwide third preference. The Bulletin indicates that future forward movement in these dates is likely to be limited. A copy of the October 2005 Visa Bulletin can be found here. Aug. 31, 2005 H-1B Numbers for U.S. Masters Graduates Remain USCIS headquarters has confirmed to AILA that, despite rumors to the contrary, H-1B numbers remain for both fiscal 2005 and 2006 for graduates of U.S. masters or above programs. Please remember that, for fiscal 2005 numbers (i.e., a start date earlier than October 1, 2005), the petition should be filed at this special address at the Vermont Service Center: USCIS Vermont Service Center, 1A Lemnah Drive, St. Albans, VT 05479-7001. Petitions for fiscal 2006 numbers (i.e., a start date of October 1, 2005 or later) should be filed at the service center having jurisdiction over the place of employment. For more details, please click here. Aug. 31, 2005 DOL Removes Multiple Filing Item from Its FAQ In place of the prohibition on multiple filings in the Labor Department's August 8, 2005 FAQ on PERM, the FAQ now states that the "Department is considering questions and information stakeholders have submitted in response to this FAQ posting, and will be developing and posting a clarified response in the near future." AILA had raised several serious concerns about the FAQ with DOL. For the DOL's 8/8/05 FAQ, as revised (8/24/2005) please click here. Aug. 12, 2005 USCIS announces H-1B cap has been met for FY 2006 USCIS announced that as of August 10, 2005 the quota for H-1B visas for Fiscal Year 2006 has been met. The Fiscal Year 2006 runs from October 1, 2005 to September 30, 2006. Therefore, there will be no new H-1B numbers available until October 1, 2006 for most beneficiaries. There are still H-1B visas available for employees of universities, those who already have H-1B status but will be extending status or changing jobs, and those who have earned a Master’s degree or higher from a U.S. university. Citizens of Chile and Singapore may still apply for H-1B visas as they have their own quota, which has not yet been met. More details can be found on the USCIS website. There are still some other nonimmigrant visa options for those cannot obtain an H-1B. Some of the more common ones include J visa, L visa, O visa, TN visa (Canadians and Mexicans only), E-3 visa (Australians only), as well as a few others. Additional information on the H-1B cap can be found on our H-1B Cap Page. Aug. 8, 2005 USCIS Updates Count on FY2005 and FY2006 H-1B Usage USCIS indicates that, as of August 4, 2005, it has received 51,939 petitions that will count against the 58,200 H-1B visa for fiscal year 2006. To read more on current cap count for H-1B worker visa click here. Jun. 18, 2005 DOS Announces that Student Visas for Chinese Nationals Will Have Longer Validity The State Department announced yesterday that F, J and M visas for Chinese nationals will be valid for 12 months and multiple entries. These changes to the validity period take effect starting June 20, 2005. The text of the DOS announcement can be found here. Jun. 18, 2005 USCIS Memorandum Summarizes REAL ID Provisions USCIS recently issued a field memorandum regarding the REAL ID Act. The memorandum, circulated within USCIS, summarizes the various provisions of the Act. The contents of the USCIS memorandum can be found here. Jun. 18, 2005 USCIS Provides Update on Fiscal 2006 H-1B Numbers USCIS has provided to AILA an update on where it stands with respect to the H-1B cap. Despite rumors to the contrary, USCIS says it has NOT reached enough fiscal year 2006 cap-subject H-1B petitions to be nearing the cap. For more information, please click here. Jun. 18, 2005 Visa Bulletin for July 2005: EB-3 Becomes Unavailable The July 2005 Visa Bulletin shows a retrogression to
"Unavailable" for employment-based third preference for all nationalities,
as well as retrogression in the family-based preferences for Mexico.
Schedule A workers now have their own category to reflect the changes
contained in the REAL ID Act. A copy of the Visa Bulletin can be found
here. Apr. 23, 2005 PERM Update: Still Waiting. . . . PERM went into effect on March 28, 2005, but the American Immigration Lawyers Association (AILA) has not yet reported any PERM approvals. Approvals should be coming soon, however. (Read more about PERM on our PERM Labor Certification page.) Apr. 21, 2005 When President Bush signed into law the L–1 Visa and H–1B Visa Reform Act on December 8, 2004, 20,000 additional H-1Bs were made available starting on March 8, 2005. Unfortunately, USCIS has still not issued regulations implementing the new law, leaving U.S. employers and potential H-1B holders waiting and waiting. As of mid-April 2005, nothing significant has emerged from USCIS. The law seems clear that the 20,000 additional H-1B visas can be used only by those who have earned a Master's degree or higher at a U.S. university. Nonetheless, USCIS officials initially indicated that USCIS intended to re-allocate all of the U.S. advanced degree-holding H-1B visa holders out of the main 65,000-visa count and into the supplemental 20,000-visa count. Therefore, USCIS reasoned, the supplemental 20,000-visa count could be used by any qualified H-1B beneficiary, irrespective of whether the degree was a bachelor's degree or an advanced degree and irrespective of whether it was earned in the United States or elsewhere. As of late April 2005, however, there has still be no news from USCIS whether it will limit the 20,000 supplemental H-1B visa numbers only to U.S. advanced degree holders or allow anyone to apply. Immigration lawyers nationally tend to believe that only U.S. advanced degree holders will be able to apply. Until the regulations come out, however, nobody knows for sure. (Read more about H-1B visas on our H-1B Visa page.) Apr. 19, 2005 By unanimous consent, the U.S. Senate passed a bill sponsored by Senators Schumer (D-NY), Hutchison (R-TX), and Kennedy (D-MA) that would "recapture" employment-based, third preference (EB-3) immigrant visa numbers that went unused because of processing delays during Fiscal Years 2001, 2002, 2003, and 2004. If this bill ultimately passes through Congress and becomes law as currently written, 50% of these "recaptured" numbers would be allocated to "Schedule A" occupations. Currently, the measure has passed through only the Senate. To become law, the bill would still have to pass through the House and be signed by President Bush. If the measure ultimately passes and becomes law, it could be a huge benefit for those from China, India, and the Philippines who are currently caught in the EB-3 retrogression. (Read more on EB-3 retrogression on our EB-3 Retrogression page.)
greencardlawyers.com > immigration news
(2005)
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