November 13th 2009 IMMIGRATION NEWSLETTER

As of November 6, 2009, USCIS has received approximately 54,700 H1-B petitions that count towards their 65,000 cap (quota limit). Hence, there is a significant number of H-1B's still available (approximately 10,300) 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.

Visa Numbers for December 2009

Immigrant ("green card") visa numbers for the employment based third preference category for professional and skilled workers and third preference "other workers" category are available. 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: April 1, 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: June 1, 2002; India: May 1, 2001; Mexico: June 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: May 1, 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. Also, premium/rush processing is now available for certain I-140 immigrant petitions. For more details, please call us and set up a consultation to discuss your particular case.

HIV Positive Status Will No Longer Be a Ground for Inadmissibility to the U.S.

In the past, as a ground of inadmissibility, HIV affected any foreign national seeking admission to the U.S. The HIV ground of inadmissibility applied to both short term non-immigrant applicants as well as applicants seeking lawful permanent residence.

On November 2, 2009 the U.S. Department of Health and Human Services published final regulations which remove HIV from the list of communicable diseases of public health significance. The implementation date of the new regulations is January 4, 2010. Therefore beginning on January 4, 2010 HIV will no longer be a ground for inadmissibility for entry into the U.S.

President Obama Signs Bill Repealing the "Widow Penalty" for Immigrant Visa Petitions

On October 28, 2009, President Obama signed H.R. 2892, the eagerly anticipated bill ending the "widow penalty." The "widow penalty" had been the government's policy for over seventy years of denying applications for permanent residency when the applicant's United States citizen spouse died before the couple had been married for two years. The new law now allows the spouse of a deceased United States citizen to self-petition for permanent residency.

If you have ever been married to a U.S. citizen who passed away before you had been married for two years, regardless of how long ago the marriage took place, you may be eligible to apply for legal permanent status under the new law.

The window on filing an application under this new law expires in two years, so please do not hesitate to contact us for a consultation if you believe you may be eligible.

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

The Conrad 30 Program for Doctors, the EB-5 Immigrant Investor Program and Special Immigrant Nonminister Religious Worker Program Have Been Extended Until September 30, 2012

On October 28, 2009 President Obama signed into law the extension of the Conrad 30 Program, the EB-5 Investor Program and the Special Immigrant Nonminister Religious Worker Program. The Conrad 30 Program provides a common path for doctor immigration as it allows each U.S. state with 30 waivers for J-1 physicians each fiscal year. The EB-5 Program allows foreign investors who invest $500,000 in certain U.S. areas or $1,000,000 in any U.S. area and who also create 10 U.S. jobs a way to obtain lawful permanent resident status ("green card"). The Special Nonminister Immigrant Religious Worker Program allows individuals applying under the nonminister category, including family members, to adjust status to permanent resident or be admitted with an immigrant visa.