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Visa Bulletin for September 2010 | Immigration

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A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by August 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, 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.  Immediately that 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 which has been announced in this bulletin.

2. The fiscal year 2010 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and Nationality  Act (INA) is 226,000.  The fiscal year 2010 limit for employment-based preference immigrants calculated under INA 201 is 150,657.  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., 26,366 for  FY-2010.  The dependent area limit is set at 2%, or 7,533.

3.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:   Unmarried Sons and Daughters of 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, and any unused first preference numbers:

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

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

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

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

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 P.L. 102-395.

4.  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, DOMINICAN REPUBLIC, INDIA, MEXICO, and PHILIPPINES.

5.  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.)

*NOTE:  For September, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN09.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT the DOMINICAN REPUBLIC and MEXICO with priority dates beginning 01JAN09 and earlier than 01JAN10.  (All 2A numbers provided for the DOMINICAN REPUBLIC AND MEXICO are exempt from the per-country limit; there are no 2A numbers for the DOMINICAN REPUBLIC AND MEXICO subject to per-country limit.)

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, 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.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 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 reduction has resulted in the DV-2010 annual limit being reduced 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 September, immigrant numbers in the DV category are available to qualified
DV-2010 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:

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-2010 program ends as of September 30, 2010.  DV visas may not be issued to DV-2010 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2010 principals are only entitled to derivative DV status until September 30, 2010.  DV visa availability through the very end of FY-2010 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

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

For October, immigrant numbers in the DV category are available to qualified DV-2011 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:

Immigration questions?  We have answers.  Free phone consultation available | 800-969-5529

Immigration Question of the Day | Differences Between H-1B & EB Visas

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I am a recent graduate F1 student, and I want to immigrate to the US. I have a master degree in business administration.

I wonder what type of employment immigration I should process. What are the differences between a H-1B and a EB visa (overview, processing time, procedure, requirements, advantages...)? Is there any salary base restrictions for employers to employ and sponsor me?

• Employment-Based Immigrant Visas—Working Permanently In The United States
• H-1B Specialty Occupation
• USCIS to Accept H-1B Petitions for Fiscal Year 2011 Beginning April 1, 2010

Immigration question?  We have answers.  Free phone consultation available | 800-969-5529 

H-1B Visa Fees Raised by Senate to Fund Border Security

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WASHINGTON: The US Senate has voted to beef up US-Mexico border security with another 1,500 agents and more unmanned aerial vehicles that scan the frontier for undocumented immigrants or drug runners. 

The legislation's $600-million price tag would be paid for by raising fees on what the measure's backers called a handful of foreign firms that exploit US visa programs to improperly import workers to the United States.

A summary of the bill said the funds would be raised with a $2,000 per visa increase in the price paid by specific companies for non-immigrant "H1B" visas for highly skilled workers or "L" visas for intra-company transfers. 

"We're talking about foreign companies that more than half of their employees" are on those visas, said Democratic Senator Chuck Schumer. "All we're saying is, you're going to have to pay more for those visas." 

"This is not going to affect American manufacturing. This is not going to affect American jobs. What it's going to do is hopefully create some vacancies for Americans at some of these higher skilled jobs that these companies -- foreign companies -- are using the visas," he added.

The measure includes money for 1,000 new US Border Patrol agents to form a "strike force" for quick deployment, 250 new Immigration and Customs Enforcement agents as well as 250 new Customs and Border Protection officers at ports of entry, and to boost communications among law-enforcement officials. 
The bill, unveiled by Democratic Senators Chuck Schumer and Claire McCaskill, would also pay for building forward operating bases along the border as well as unmanned aerial vehicles (UAVs) to patrol the border.

"A lot of people now think of drones in the way they've been used in Pakistan, taking out Al-Qaeda, but primary to the drone is their ability to get real-time surveillance," said McCaskill.

"But these are not military UAVs. These are civilian UAVs, so they wouldn't be armed," said Schumer. "There are seven of them right now. And they've been successful."

The legislation must still pass through the House of Representatives to go to President Barack Obama to sign into law. 

Immigration question?  We have answers.  Free phone consultation available 800-969-5529

Visa Bulletin for August 2010 | Immigration

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A. STATUTORY NUMBERS

USCIS Publishes First-Ever Proposed Fee Waiver Form

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WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) has proposed for the first time a standardized fee waiver form in an effort to provide relief for financially disadvantaged individuals seeking immigration benefits.  USCIS has published a notice in the Federal Register seeking public comment on the proposed form – Form I-912, Request for Individual Fee Waiver.

The proposed fee waiver form is the product of extensive collaboration with the public.  In meetings with stakeholders, USCIS heard concerns that the absence of a standardized fee waiver form led to confusion about the criteria that had to be met as well as the adjudication standards.  USCIS worked with stakeholders in developing the fee waiver form that is now posted for comment.

“Our goal is to bring clarity and consistency to our processes,” said USCIS Director Alejandro Mayorkas.  “We are doing so now in the critical area of providing the financially disadvantaged with access to immigration benefits.”

Mayorkas further stated that the method by which the proposed fee waiver form was devised – through extensive collaboration with the public – will be a hallmark of his approach to improving agency processes.

Currently, applicants requesting a fee waiver must do so by submitting an affidavit or unsworn declaration requesting a fee waiver and stating the reasons why he/she is unable to pay the filing fee. The new proposed fee waiver form is designed to verify that an applicant for an immigration benefit is unable to pay the fee for the benefit sought.  The proposed form provides clear criteria and an efficient way to collect and process the information.
 
The public is encouraged to comment on the proposed fee waiver form at www.regulations.gov.  The comment period closed on September 13, 2010

For more information on USCIS and its programs, visit www.uscis.gov.

Details and instructions for responding to the request for comments

Proposed form

More information

Fact sheet

H-1B Visa Count (July 16, 2010)

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Here is the latest H-1B cap count released (July 16, 2010).  More information can be found at the USCIS H-1B Fiscal Year (FY) 2011 Cap Season Page.

EB-5 Visa Creates Jobs in Vermont

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In the midst of an economic downturn, Americans are looking for long-term strategic solutions to our unemployment woes.  One solution is to leverage our immigration system to attract investors to come to the United States and create jobs in exchange for a coveted green card.  

This is happening right now in Vermont.  Bill Stenger, president and co-owner of the Jay Peak Resort, has not had to borrow a penny for his $125 million project. It is almost entirely funded by about 250 foreign investors from 43 countries through the EB-5 visa program.  The development is the second phase of a goal to make Jay Peak a four-season resort. The first phase included an indoor ice rink, golf course and clubhouse, and the Tram Haus Lodge -- a 57-suite hotel with a bar, restaurant and coffee shop.

The EB-5 program is based on making a substantial financial commitment to create additional employment in the US. The EB5 Visa is based on a qualifying US investment. It does not require management of the day-to-day affairs of a business, provides the flexibility to invest in an existing or a new business and allows more than one person to invest as well as minority ownership. You can also live anywhere in the United States regardless of where the investment is made.

One may qualify for an EB5 visa in three different ways:

• Invest $1,000,000 and hire ten employees anywhere in the USA, or
• Invest $500,000 and hire ten employees in an area where the unemployment rate exceeds the national average by 150% or the rural population is less than 20,000, or
• Invest in a Government designated Regional Center

In exchange, the investors obtain permanent green cards for themselves and their families, and a chance to gain full U.S. citizenship.  The program began nationally in 1992 and became available to businesses in Vermont in 1997 except in the Burlington area, where the unemployment rate was too low to qualify.

Senator Patrick Leahy, D-Vt., was instrumental in bringing the EB-5 program to Vermont.  "Were it not for the extensions to EB-5 that Senator Leahy has championed, we would not be here today," Stenger said. "We want to see Vermonters employed," Leahy said during his keynote speech. "Bill, you and your team have made that possible."

Leahy is committed to expand the role of EB-5 investments in Vermont.  Stenger said the planning and construction has provided temporary jobs for about 800 people. He predicted that when the project is finished, the new facilities will bring 2,000 or more permanent jobs to Orleans County.

Job creation has crossed county lines. For example, DEW construction group, which is heavily involved with the project, is headquartered in Williston; the mechanical engineering firm for the project is located in Winooski; the landscape architect is from Burlington; and Engineered Solutions Inc., the civil engineering firm, is in Winooski.

Let's hope more Senators follow Leahy's lead.  These programs offer our economy robust job creation and reaffirm that we’re the world’s best place to do business.  Historically, responsible immigration policies plus free markets have yielded high levels of prosperity.  That's exactly what this country needs in these uncertain economic times.

H-1B Cap Count (July 2, 2010)

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Here is the latest H-1B cap count released (July 2, 2010).  More information can be found at the USCIS H-1B Fiscal Year (FY) 2011 Cap Season Page.

H-1B Cap Count (June 11, 2010)

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Here is the latest H-1B cap count released (June 11, 2010).  More information can be found at the USCIS H-1B Fiscal Year (FY) 2011 Cap Season Page.

Immigration Fees To Increase | USCIS Seeking Public Comment

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U.S. Citizenship and Immigration Services (USCIS) is seeking public comment on a proposed federal rule that would adjust fees for immigration benefit applications and petitions. The proposal would increase overall fees by a weighted average of about 10 percent but would not increase the fee for the naturalization application.

USCIS is a fee-based organization with about 90 percent of its budget coming from fees paid by applicants and petitioners to obtain immigration benefits. The law requires USCIS to conduct fee reviews every two years to determine whether it is recovering its costs to administer the nation’s immigration laws, process applications, and provide the infrastructure needed to support those activities. This proposed rule results from a comprehensive fee review begun in 2009. USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low. While USCIS did receive appropriations from Congress, budget cuts of approximately $160 million have not bridged the remaining gap between costs and anticipated revenue. A fee adjustment, as detailed in the proposed rule, is necessary to ensure USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule.

The proposed fee rule would increase the average application and petition fees by approximately 10 percent. Understanding the unique importance of naturalization, USCIS is proposing that the naturalization application fee not be increased. The proposed rule would establish three new fees for: Regional center designation under the Immigrant Investor Pilot Program (EB-5); Individuals seeking civil surgeon designation; and Recovery of the cost of processing immigrant visas granted by the Department of State. The rule also proposes to adjust fees for the premium processing service. This would ensure that USCIS can continue to modernize to become a more efficient and effective organization.

The proposed fee structure also reduces fees for five individual applications and petitions as a result of lower processing costs: Petition for Alien Fiancé (Form I-129F); Application to Extend/Change Nonimmigrant Status (Form I-539); Application to Adjust Status From Temporary To Permanent Resident (Form I-698); Application for Family Unity Benefits (Form I-817); and Application for Replacement Naturalization/Citizenship Document (Form N-565).

Write you Senators or Congressman to voice your opinion.