MAY 13th 2009 IMMIGRATION NEWSLETTER

H1-B Visas Still Available

On May 11th, USCIS announced that H1-B Visas are still available. They have only received approximately 45,000 H1-B petitions that count towards their 65,000 cap (quota limit), as compared to last year's number of nearly 163,000 petitions. It is highly unlikely that this extra availability will happen next year as the economy improves. Also, F-1 students who recently graduated (or will be graduating soon) and have U.S. job offers should consider filing an H1-B petition now. (All degree requirements must be completed before filing.) USCIS will also continue to accept Master's Cap H1-B petitions for individuals with advanced degrees.

Green Card Quota Delays

Beginning on June 1, 2009, immigrant ("green card") visa numbers and priority dates for nationals of India in the EB-2 Category will retrogress. EB-2 Category is the employment based second preference category for advanced degree holders and persons of extraordinary ability. The quota will temporarily retrogress by four years from February 2004 to January 2000. Also, the EB-3 Category (skilled workers and professionals), as well as Other Workers, will be unavailable until October 1st for nationals of all countries. We expect that the quotas will reopen on October 1st for the new fiscal year.

DREAM Act Reintroduced, Possibly Facilitating Permanent Residence for Immigrant Students

Senator Durbin (D-IL) recently reintroduced the Development, Relief, and Education for Alien Minors Act of 2007 (also known as the "DREAM ACT") to the U.S. Senate. If enacted, ambitious immigrant students in the U.S. who were brought here as young children and wish to pursue a college education or serve in the military could be given a path to permanent residence. Please stay tuned for more developments regarding the DREAM Act.

President Barack Obama Supports Immigration Reform

President Barack Obama has recently announced that he will address Comprehensive Immigration Reform with Congress later this year. No defined program has yet been announced. Please stay tuned for more updates.

Religious Worker Visas Extended

Are you an immigrant religious worker? USCIS has extended its non-minister special immigrant religious worker program (including Teachers) through to September 29, 2009 (it had expired on March 6th). The extension also applies to the spouses and children of non-ministers.