JANUARY 2009 IMMIGRATION NEWSLETTER

Priority Dates and Immigrant Numbers for February 2009

We are pleased to see significant advancement in the immigrant visa (“green card”) visa numbers for February in the Employment-Based 2nd and 3rd Preference Categories as well as the Other Workers Category.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed); "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.)

Reminder: Travelers from All Visa Waiver Program Countries are Now Required to Obtain Approval through the Electronic System for Travel Authorization BEFORE Traveling to the U.S.

All travelers from Visa Waiver Program (VWP) countries must now apply for travel authorization prior to traveling to the U.S. via the Electronic System for Travel Authorization (ESTA) web site at HYPERLINK "https://esta.cbp.dhs.gov" https://esta.cbp.dhs.gov. Travelers from VWP countries are allowed to apply for entry to the U.S. on a valid passport for up to 90 days for business or pleasure without the need to apply for a visa from a U.S. Consulate abroad. However, no extensions of stay or changes of status are permitted – for any reason whatsoever.

The citizens or nationals of the following countries are currently eligible to travel to the United States under the VWP: Andorra, Australia, Austria, Belgium, Brunei, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea (South Korea), Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, and the United Kingdom.

Retaining A Priority Date

The Vermont Service Center has recently announced that it will transfer a priority (filing) date to a subsequent immigrant petition in the following situations thereby resulting in tremendous time savings for many potential applicants:

1. The same petitioner and beneficiary are the parties of both the original and subsequent petitions (8 CFR § 204.2(h)(2):
a. the subsequent petition is for the same preference classification.
b. the original petition has not been terminated pursuant to § 203(g),
c. the original petition has not been revoked pursuant to § 205,
d. an immigrant visa has not been issued to the beneficiary based on the original
petition.

2. The Service erred in any way on the prior petition, an earlier priority date may be granted to correct the error on the subsequent petition.

3. Derivative beneficiary of a family-based second preference immigrant petition (F2A) ages out (8 CFR 204.2(a)(4). Evidence must be presented establishing:
a. The child was listed on the principal beneficiary’s I-130 petition.
b. The principal petition has filed the second I-130 petition for the now son or
daughter.
The same petitioner has filed the second I-130 petition for the now son or
daughter.
The son or daughter was previously eligible as a derivative beneficiary under
the first I-130 petition.

AAO Holds 5-year Indian M.B.B.S. Degree Equivalent of U.S. M.D. Degree

The Administrative Appeals Office of USCIS held this month that a Bachelor of Medicine & Bachelor of Surgery (M.B.B.S.) degree from India is the equivalent to a United States Doctor of Medicine (M.D.) degree. This is important for many foreign medical graduates applying for US immigration benefits.