October 2nd 2009 IMMIGRATION NEWSLETTER

As reported today in the New York Times, according to Alejandro Mayorkas, the director of USCIS, the agency is already preparing for the possibility of giving legal status to millions of illegal immigrants. Director Mayorkas stated that President Obama has told immigration officials that a legalization program would be part of the legislation that his administration would propose. The agency's goal, the director, said is to be ready to expand rapidly to handle the gigantic increase in visa applications it would face if the legislation known as comprehensive immigration reform passed in Congress.

New Visa Numbers Available for Fiscal Year 2010

Immigrant ("green card") visa numbers for the employment based third preference category for professional and skilled workers and third preference "other workers" category have resumed their availability for the new fiscal year which began on October 1, 2009. However, there are still extensive delays in the Third Preference Category (EB3) and it is impossible to predict how fast the quotas will advance.

Visa numbers are currently available only for applicants whose priority date (filing date for labor certification) is earlier than the cut-off date listed below.

Second Preference (Member of Professions Holding Advanced Degrees or Person of Exceptional Ability) cut-off dates are: China-mainland born: March 22, 2005; India: January, 22, 2005; Mexico: Current (Visa Number Available); Philippines: Current (Visa Number Available); All Other Chargeability Areas: Current (Visa Number Available).

Third Preference (Skilled Workers and Professionals) cut-off dates are: China-mainland born: February 2, 2002; India: April 15, 2001; Mexico: May 1, 2002; Philippines: June 1, 2002; All Other Chargeability Areas: June 1, 2002.

Third Preference (Other Workers) cut-off dates are: China-mainland born: June 1, 2001; India: April 15, 2001; Mexico: June 1, 2001; Philippines: June 1, 2001; All Other Chargeability Areas: June 1, 2001.

Certain applicants in the Third Preference Category may be eligible to "upgrade" to the Second Preference Category if circumstances have changed since the filing of their original labor certification. The Second Preference Category backlog is less backlogged than the Third Preference and applicants can retain their previous priority dates. For more details, please call us and set up a consultation to discuss your particular case.

Still Thinking about Applying for an H1-B Visa?

As of September 25, 2009, USCIS has only received approximately 46,700 H1-B petitions that count towards their 65,000 cap (quota limit). Hence, there is a significant number of H-1B's still available but no certainty as to when they will be depleted. However, it is highly unlikely that this extra availability will happen next year (File on April 1, 2010 to start on October 1st) as the economy continues to show signs of improvement. Please contact our office to schedule a consultation if you are considering applying for an H1-B Visa.

2011 Diversity Visa Lottery Registration Program begins on Friday, October 2, 2009

The US Department of State has announced the opening of the registration period for the DV-2011 Visa lottery.

Entries for the DV-2011 Diversity Visa lottery must be submitted electronically between noon, Eastern Daylight Time), Friday, October 2, 2009, and noon, Eastern Standard Time, Monday, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at www.dvlottery.state.gov during the registration period

The congressionally mandated Diversity Immigrant Visa Program provides a maximum of 55,000 Diversity Visas (DVs) each fiscal year to be made available to persons from countries with low rates of immigration to the United States.

The annual DV program makes visas available to persons meeting simple, but strict, eligibility requirements. A computer-generated, random lottery drawing chooses selectees for DVs. The visas are distributed among six geographic regions, with a greater number of visas going to regions with lower rates of immigration, and with no visas going to nationals of countries sending more than 50,000 immigrants to the United States over the period of the past five years. Within each region, no single country may receive more than seven percent of the available DVs in any one year.

For DV-2011, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:

BRAZIL, CANADA, CHINA (mainland-born), COLOMBIA, DOMINICAN REPUBLIC, ECUADOR, EL SALVADOR, GUATEMALA, HAITI, INDIA, JAMAICA, MEXICO, PAKISTAN, PERU, PHILIPPINES, POLAND, SOUTH KOREA, UNITED KINGDOM (except Northern Ireland) and its dependent territories, and VIETNAM. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.

For detailed information about entry requirements, along with frequently asked questions about the DV lottery, please see the instructions for the DV-2011 DV lottery available at www.dvlottery.state.gov.

REMINDER: USCIS Conducting Surprise Site Visits to H-1B Employers

USCIS has engaged outside contractors to conduct thousands of H-1B employer site visits without notice. Many of these visits are expected to occur after the approval of an H-1B petition (as well as an extension) and often without any warning. The investigators are looking to confirm such factors as: (1) is the petitioning company a real operating entity; (2) is the beneficiary employee a "legitimate" employee; (3) if the foreign beneficiary worker falsified an application and claims to work for a company that he/she does not work for; and (4) if the petitioning company has falsified its application. The investigator may want to meet with the company's Human Resources person or anyone on site to confirm the H-1B beneficiary worker's date of hire, title, work location and salary information. Also, investigators may take photos of the company's building or office to prove that the company actually exists. Hence, it is vital that companies have proper public inspection files and valid I-9 forms for all H-1B employees and be on the lookout for a potential visit.

In the event your company is chosen for a site visit we recommend our clients to refer the investigator to our office.

The House of Representatives Has Passed a Resolution to Extend the Conrad 30 Program for Doctors

Last week the U.S. House of Representatives passed a continuing resolution to extend the Conrad 30 Program, which provides a common path for doctor immigration. If extended the Conrad 30 Program would continue to allow each U.S. state with 30 waivers for J-1 physicians each fiscal year.