Siskind's Immigration Bulletin – August 17, 2011
Published by Greg Siskind, partner at the Immigration Law Offices of Siskind Susser,
P.C., Attorneys at Law; telephone: 800-748-3819, 901-682-6455; facsimile: 800-
684-1267 or 901-339-9604, e-mail: gsiskind@visalaw.com, WWW home page:
http://www.visalaw.com.
Siskind Susser serves immigration clients throughout the world from its offices in the
US and its affiliate offices across the world. To schedule a telephone or in-person
consultation with the firm, go to http://www.visalaw.com/intake.html
Editor: Greg Siskind. Associate Editor: Juan Portillo. Contributors: Juan Portillo.
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*****************************************************************
1. Openers
2. ABCs of Immigration Law: K-3 and K-4 Visas
3. Ask Visalaw.com
4. Border and Enforcement News
- U.S. and Mexico Resume Migrant Repatriation Flights
- DHS: Backlog Records of 1.6 Million Foreigners Has Been Cut by Half
- FBI Upgrades Database to More Quickly Deport Violent Immigrants
- Drunken Driving, Traffic Crime Deportations Way Up
- Immigration Fines Cost 14 New England Companies
- Four Criminal Immigrants Plead Guilty to Bribing ICE Employee
5. News from the Courts
- Judge Tosses Class Action Lawsuit Over Bungled Green Card Lottery
- Indiana Won’t Appeal Court Ruling Freezing New Immigration Law
- Utah Attorneys Defend Immigration Enforcement Law
6. News Bytes
- USCIS Announces End of Parole Program in Moscow
- Agreements Reached Between the U.S. and the Russian Federation
- CIS Ombudsman Issues Recommendations for Deferred Action
- New US Visa Restrictions Placed on Iran
- Suit Asks Officials to Stop Using DOMA Against Married Same-Sex Couples
- Visa Delays Imperil Iraqis Who Helped U.S.
- CA Rep. Seeks to End Diversity Visas
- Border Fences Said to be Threaten Wildlife
- More Mexicans Fleeing the Drug War Seek U.S. Asylum
- Residency Proof for Immigrant Licenses
- MA Gov. Backs Illegally Present Immigrants on Tuition
- WA Cancels Driver’s License of Journalist Who Disclosed Illegal Presence
- Rep. Luis Gutiérrez Arrested in Dream Act and Immigration Protest
- California Enacts Law Letting Immigrants Pay In-State Tuition
7. Washington Watch
- Democrats Accuse Rep. Smith of Hypocrisy
- Mayor of Lewiston, Maine Testifies on Immigrants’ Impact
- House Unanimously Amends Immigration and Nationality Act
- House Passes H-1C Bill
8. Notes from the Visalaw.com Blogs
9. State Department Visa Bulletin: September 2011
10. USCIS Rolls Out Initiatives Designed to Promote Startup Businesses
1. Openers
Dear Readers:
USCIS has announced a series of changes and enhancements to various immigration
programs that the agency believes will encourage entrepreneurship and enhance job
creation in the US. That the Administration is thinking about using immigration policy
to help promote job growth is indeed encouraging and the steps introduced are
welcome. Changes are coming to the EB-1 multinational executive/manager
category, the EB-2 national interest waiver category, the EB-5 immigrant investor
category and the H-1B program. The changes are summed up in this issue of the
newsletter.
But while the changes are welcome, they’re only likely to make a small dent in
USCIS’ strong institutional bias against small businesses. That has been a problem
years in the making and it will take strong and effective leadership from USCIS
Director Alejandro Mayorkas, Secretary of Homeland Janet Napolitano, Secretary of
State Hilary Clinton and Secretary of Labor Hilda Solis to really reform the
administrative rules that thwart entrepreneurial enterprise and change the cultures
at the agencies.
While USCIS still has enormous problems across the board when it comes to
adjudicating petitions, Director Mayorkas does deserve praise for opening up the
lines of communication between the public and agency officials. Every week, USCIS
is holding stakeholders meetings and teleconferences addressing major issues and
getting feedback on how their policies are actually working. Whether the agency is
making changes based on that feedback is not clear yet, but these meetings
represent a step in the right direction.
*****
In firm news, three of Siskind Susser’s lawyers - Greg Siskind, Lynn Susser and
Karen Weinstock - were named to US News and World Reports rankings of the top
immigration lawyers in the United States. The rankings can be found online at
http://bestlawfirms.usnews.com/firms/siskind-susser/overview/36140/.
*****
Readers are reminded that they are welcome to contact my law office if they would
like to schedule a telephone or in person consultation with me or one of my
colleagues. If you are interested, please call my office at 901-682-6455.
Regards,
Greg Siskind
2. ABCs of Immigration Law: K-3 and K-4 Visas
On December 21, 2000, the Legal Immigration and Family Equity (LIFE) Act
amended the K nonimmigrant visa category to include the spouse and unmarried
children of United States citizens. With this modification, the spouse and children of
a United States citizen may be admitted to the United States as K-3 and K-4
nonimmigrants to complete their process for permanent residence. One of the
principal benefits of K-3 and K-4 visas is that immediate families will be unified
several months faster than if they were pursuing a typical immediate relative
immigrant petition.
How do I determine whether I am eligible for a K-3 or K-4 visa?
To be eligible for a K-3 nonimmigrant visa, the individual must meet the following
requirements:
1) Be the spouse of a United States citizen.
2) Have a pending relative petition, Form I-130 filed with the USCIS.
3) Have the intent to enter the United States in order to await the completion of
the permanent residence process.
4) Have an approved Form I-129F, Petition for Alien Fiancé. This form shall be
forwarded by the USCIS to the United States consulate where the spouse
wished to apply for the K-3 visa. The consulate specified on the Form I-129F
must be one of the following:
a) If the marriage occurred outside of the United States, the
consulate where the marriage took place, OR
b) If the marriage occurred in the United States, the consulate with
jurisdiction over the current residence of the alien spouse.
K-4 nonimmigrants are derivative beneficiaries of the K-3 nonimmigrant. To be
eligible for the K-4, the applicant must be unmarried, under 21 years of age, and be
the child of the principle K-3 visa applicant or holder. Separate Form I-130s and
Form 1-129Fs are not required for the K-4 applicant. However, in order to ensure
that there are no problems during the adjustment of status process, it is
recommended that the children’s I-130 be filed concurrently with the I-130 for the
K-3 applicant.
Where do I file the forms?
The Form I-130 must be filed with the USCIS at the service center with jurisdiction
over the residence of the United States citizen.
The Form I-129F must be submitted in the following manner:
If you are filing for your fiance(e), file this petition at the Service Center with
jurisdiction over your area of residence. If you are filing for your fiance(e) and live
outside the United States, submit this petition to the Service Center with jurisdiction
over your last place of residence in the U.S.
If you are a U.S. citizen, and are using this form to bring in your wife or unmarried
child under the LIFE Act, file this petition at:
U.S. Citizenship and Immigration Services
P.O. Box 7218
Chicago, IL 60680-7218
Do I have to apply for an adjustment of status?
Obtaining the K visa and traveling to the United States does not complete the entire
process for permanent residence. Once in the United States, each K-3/4
nonimmigrant must file a Form I-485, Application to Register Permanent Resident or
Adjust Status, with the INS. These applications for adjustment of status can only be
submitted after the spouse’s Form I-130 has been approved by the Service. If a
Form I-130 has not been completed for each of the K-4 children, the children must
file a Form I-130 concurrently with their Form I-485.
Am I allowed to work with a K-3 or K-4 visa?
Both K-3 and K-4 nonimmigrants are eligible to obtain work authorization while their
permanent residence application is pending. In order to apply for work
authorization, individuals must submit a Form I-765, Application for Employment
Authorization, with $175 to the Chicago address listed for the submission of the
Form I-129F.
Can I travel on a K-3 or K-4 Visa?
Once a nonimmigrant has been granted a K-3/4 visa, the individual may travel
outside the United States and be readmitted with a valid K visa.
How can my K-3 or K-4 status be terminated?
These visas are no longer valid 30 days after one of the following:
1) Denial of the I-130.
2) Denial of Adjustment of Status.
3) A final divorce of the marriage.
4) A K-4 nonimmigrant turning 21 years old or marrying.
5) Approval of permanent residence for the K-3, thus terminating the derivative
K-4 status.
6) The expiration of two years without a request for an extension of stay.
3. Ask Visalaw.com
In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration
law questions sent in by our readers. If you enjoy reading this section, we encourage
you to visit Ari’s blog, The Immigration Answer Man, where he provides more
answers to your immigration questions. You can also follow The Immigration Answer
Man on Facebook and Twitter.
If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We
can't answer every question, but if you ask a short question that can be answered
concisely, we'll consider it for publication. Remember, these questions are only
intended to provide general information. You should consult with your own attorney
before acting on information you see here.
***
1) Question:
I am U.S. citizen. My husband, a Mexican national, was living in the US for 10 years.
I filed an I-130 petition for him, which was approved. Acting on advice from our
immigration lawyer, he went to Mexico to obtain a visa. The lawyer said it would take
a year. It turns out that this was bad advice. He was told by the consulate that he
cannot come back to the US. I am not sure why. What can I do to bring him back to
the US?
Answer:
As he was living in the US out of status for more than a year, he is barred from
returning to the US for at least 10 years. He may be eligible for a waiver of this bar
of inadmissibility if he can show that a denial of the waiver would result in extreme
hardship to you, his US citizen wife (qualifying relatives for this I-601 waiver of the
unlawful presence bar include US citizen or Permanent Resident spouses and
parents). If you filed this waiver application and it was denied because you didn’t
show enough hardship, then it may be that you can apply again with a stronger
showing of hardship. Otherwise your husband will have to remain outside the US for
at least 10 years before he can apply for a visa to return to the US. It is important to
remember that he must document his time outside the US, so he should be saving
documentation of his residence abroad during this time.
However, if he has made multiple illegal entries to the US, he may be subject to a
permanent bar of inadmissibility. This rule applies to someone who spends a year or
more unlawfully present in the US, leaves the US, and then comes back into the US
illegally. It also applies to someone who illegally enters the US after being deported.
If this is what happened with your husband then he is permanently barred from
receiving an immigrant visa to the US. In order for him to apply for a waiver of this
inadmissibility, he must first stay outside the US for at least 10 years. If he does this
then he can then be eligible to receive a waiver if he can show that a denial of the
waiver would result in extreme hardship to you, his US citizen wife.
Note to other readers: If you have ever overstayed a visa or entered the US illegally
you need to consult with a trusted immigration law attorney (and maybe get a
second opinion from another attorney) before you leave the US, even if you are the
beneficiary of an approved petition.
2) Question:
I currently hold a TN visa that expires in 2012, but my job contract ends before that
time. I would like to know how long I can stay in the US looking for a new job. I
know the TN visa is not transferable but I would like to know if the sponsor has an
obligation to tell Immigration that I am no longer their employee. If so, how long
can I stay holding the TN Visa? Is there any chance to change it to a tourist visa to
allow me to stay while I look for a new job?
Answer:
The immigration laws do not provide a grace period for a TN. As soon as your TN
position is terminated, you will be out of status and are expected to leave the US.
However, you can apply for a change of status to B (visitor) status before your
position is terminated. As long as the change of status is filed before your
employment is terminated, you would then be authorized to remain in the US while
USCIS is adjudicating your application for change of status. This could take a couple
months. You would not be allowed to work during this time, but you would be
allowed to interview for a new position. Your period of stay is only authorized while
your application is pending, so if the application for the change of status to B is
denied you would have to leave the US.
4. Border and Enforcement News:
U.S. and Mexico Resume Migrant Repatriation Flights
Reuters reports the resumption of an annual program of voluntary repatriation flights
to take Mexican illegally present immigrants nabbed in the Arizona desert back to
their homes in the Mexican interior, authorities said. The U.S. Immigration and
Customs Enforcement agency stated in a news release that the goal of the program
is to save lives while disrupting Mexican human smuggling networks. The most
common cause of death for the 249 people who perished after crossing into Arizona
last year was heat exposure in the summer months. Participants are flown to Mexico
City from Tucson International Airport. Once in Mexico, they are taken by bus to
their hometowns.
http://news.yahoo.com/u-mexico-resume-migrant-repatriation-flights-
230215033.html
*****
DHS: Backlog Records of 1.6 Million Foreigners Has Been Cut by Half
ExecutiveGov reports that a department of Homeland Security official recently told a
Senate panel the unchecked records backlog of 1.6 million potential visa overstays
has been reduced by more than half. The US-VISIT program, a digital finger print
system, has revealed 843,000 of the 1.6 million records belong to individuals who
are no longer in the country or who have applied for a different visa status.
http://www.executivegov.com/2011/07/dhs-backlog-records-of-1-6-million-
foreigners-has-been-cut-by-half/
*****
FBI Upgrades Database to More Quickly Deport Violent Immigrants
Nextgov.com reports that the federal government plans to use an upgraded FBI
biometric database to identify dangerous undocumented immigrants for possible
deportation more quickly and accurately, according to internal agency documents.
The new “Next Generation Identification” system is meant to support the DHS Secure
Communities Program with faster fingerprint processing times and increased
accuracy. In cooperating cities it now takes police less than 20 seconds to compare
the prints of a person they stop on the road to the 2 million sets stored in the
database of terrorists, sex offenders and others. Civil liberties groups still express
concern that quicker responses from the FBI will not resolve long-standing errors
within DHS’ database.
http://www.nationaljournal.com/nationalsecurity/fbi-upgrades-database-to-more-
quickly-deport-violent-immigrants-20110719
*****
Drunken Driving, Traffic Crime Deportations Way Up
The Associated Press reports that huge increases in deportations of people after they
were arrested for breaking traffic laws helped the Obama administration set a record
last year for the number of criminal immigrants forced to leave the country,
documents show. The spike in the numbers of people deported for traffic offenses as
well as a 78 percent increase in people deported for immigration-related offenses
renewed skepticism about the administration’s claims that it is focusing on the most
dangerous criminals. Immigration advocates worry about local law enforcement’s
greater involvement in immigration enforcement because of new programs that
encourage it. Homeland Security Secretary Janet Napolitano told the AP that the
percentage of felons deported will change over time, noting that “the more serious
offenders are still in prison.”
http://hosted2.ap.org/APDefault/*/Article_2011-07-22-Criminal%20Immigrants/id-
13d0dea3fa2548259f4aa115e0a16d8a
*****
Immigration Fines Cost 14 New England Companies
The Boston Globe reports that following ICE audits of federal I-9 forms, fourteen New
England companies were fined a combined $285,000 during the past fiscal year for
failing to document that their workers were in the country legally, federal authorities
announced yesterday. While none of the 14 companies appealed, some negotiated
lesser fines; others agree to pay the initial amount ordered. Nationally, ICE says
nearly 4,000 businesses have been fined nearly $7 million combined on such
violations.
http://articles.boston.com/2011-07-22/news/29803798_1_fine-amounts-lesser-
fines-illegal-immigrants
*****
Four Criminal Immigrants Plead Guilty to Bribing ICE Employee
U.S. Immigration and Customs Enforcement (ICE) announced that four convicted
criminal immigrants pleaded guilty in federal district court in Atlanta to bribing an
ICE employee to alter their reporting requirements and criminal histories. In August
2010 one defendant approached an ICE Enforcement and Removal Assistant (ERA)
and offered to pay her $1,500 to cancel his reporting requirement. The ERA
immediately reported the offer to ICE special agents and other investigators and
then began to work in an undercover role. In April 2011, four individuals were
indicted; all plead guilty and now await sentencing with max sentences ranging from
five to ninety-five years in prison.
http://www.aila.org/content/default.aspx?docid=36526
*****
5. News from the Courts:
Judge Tosses Class Action Lawsuit Over Bungled Green Card Lottery
The Contra Costa Times reports that U.S. District Judge Amy Berman Jackson
dismissed a class-action lawsuit filed by a Dublin man and 35 other people who were
told they won a chance to get a U.S. green card, only to be informed that the State
Department voided the results of its annual visa lottery because of a computer glitch.
Though Judge Jackson said she sympathized with the plaintiffs, she sided with the
State Department in arguing that the results had to be voided because a computer
problem had caused the selection to favor certain applicants over others. The
process is supposed to be strictly random.
http://www.contracostatimes.com/my-town/ci_18479132
*****
Indiana Won’t Appeal Court Ruling Freezing New Immigration Law
The Indianapolis Star reports that the state will not appeal a federal court decision to
place a preliminary injunction against parts of Indiana’s new immigration law.
Attorney General Greg Zoeller asserts that he “[remains] committed to defending
legislative enactments against outside challenges.” The decision not to appeal means
those parts of the law will not be enforced while U.S. District Judge Sara Evans
Barker hears arguments by the ACLU of Indiana that the provisions should be thrown
out. Zoeller said his office prefers to “vigorously oppose a permanent injunction” in
District Court over appealing the ruling in Circuit Court.
http://www.indystar.com/article/20110719/NEWS/110719012/State-won-t-appeal-
court-ruling-freezing-new-immigration-law
*****
Utah Attorneys Defend Immigration Enforcement Law
The Salt Lake Tribune reports that Attorney General Mark Shurtleff’s office says in
court documents that a federal court injunction sought against the state’s
enforcement-only immigration law should be denied outright. The lawsuit, filed by
the ACLU and the National Immigration Law Center, charges Utah’s HB497
encourages racial profiling and violates the civil rights of undocumented immigrants
as well as citizens. Barry Lawrence, assistant attorney general, argued in the brief
that the lawsuit is based on the enforcement-only Arizona law. Lawrence wrote in
his brief that the lawsuit was baseless because the Utah Legislature took
“painstaking efforts to avoid the constitutional infirmities of the Arizona law.”
http://www.sltrib.com/sltrib/politics/52235704-90/argued-brief-court-
enforcement.html.csp
*****
6. News Bytes:
USCIS Announces End of Parole Program in Moscow
According to a USCIS release, the agency is no longer offering parole to Lautenberg
category members (nationals of the former Soviet Union) who are denied refugee
status in Moscow. Parole allows a person to enter the United States but does not
provide a path to permanent immigration status. The provision in the Lautenberg
Amendment that allows adjustment of status to lawful permanent resident status for
Lautenberg parolees will expire Sept. 30, 2011. As a result, USCIS said it will not
continue to offer parole to persons who are not eligible to adjust their status.
*****
Agreement Reached Between the U.S. and the Russian Federation Regarding
Adoption and Visa Issuance
The Department of State and the Department of Homeland Security announced that
Secretary of State Hilary Rodham Clinton and Russian Foreign Minister Sergey
Lavrov signed a bilateral adoptions agreement that will strengthen procedural
safeguards in adoptions between the two countries. The agreement will create a
better defined framework for inter-country adoptions between the U.S. and Russia by
allowing only government authorized adoption agencies to operate within Russia.
Furthermore, the agreement includes provisions designed to improve post-adoption
reporting and monitoring.
Secretary of State Clinton and Russian Foreign Minister Lavrov announced an
agreement on the issuance of visas that will benefit the largest segments of traveling
Americans and Russians- business travelers and tourists by granting as a rule, on a
reciprocal basis, multiple-entry visas valid for 36 months. The agreement also
streamlines the visa issuance process by reducing the documentation required.
*****
CIS Ombudsman Issues Recommendations for Deferred Action
The Department of Homeland Security issued a set of recommendations from
Citizenship and Immigration Services (CIS) Ombudsman, January Contreras, to
improve the transparency and consistency in the USCIS process of deferred action.
The recommendations focus on how USCIS processes deferred action requests and
the steps that can be taken to ensure that an individual knows how to submit a
deferred action request. Furthermore, the recommendations seek to ensure an
applicant receives a decision in a timely manner, and can be assured the request will
be processed with consistency.
For more information and the complete list of recommendations click here.
*****
New US Visa Restrictions Placed on Iran
The American Visa Bureau reports that new US visa restrictions have been placed on
Iranian government officials, military leaders and law enforcement officers for
alleged human rights violations in their country. The State Department said the
action that restricts certain Iranian officials from being granted a US Visa for travel
to America is “…a reminder to the Iranian government that we will continue to hold
its officials accountable for human rights abuses against the Iranian people.”
http://www.visabureau.com/america/news/12-07-2011/new-us-visa-restrictions-
placed-on-iran.aspx
*****
Suit Asks Immigration Officials to Stop Using DOMA Against Married Same-
Sex Couples
San Diego Gay & Lesbian News reports that Lambda Legal filed an amicus brief in a
case involving Cristina Ojeda and Monica Alcota, a married bi-national lesbian couple
from Queens, NY. Although Ms. Alcota is legally married to Ms. Ojeda, USCIS denied
a petition for Ms. Alcota to be classified as the spouse of a U.S. citizen on May 11,
2011. The friend-of-court brief argues that immigration officials are incorrectly
relying on an inapplicable case for authority to continue deportation proceedings
while the constitutionality of the Defense of Marriage Act (DOMA) is being
challenged. Instead, the brief urges “the Board of Immigration Appeals should do
what other immigration courts have already done- put immigration proceedings on
hold until the dispute over DOMA is resolved.”
http://www.sdgln.com/causes/2011/07/12/suit-asks-immigration-officials-stop-
using-doma-against-married-same-sex-couples
*****
Visa Delays Imperil Iraqis Who Helped U.S.
The New York Times reports that terrorism fears in the United States are all but
halting visas for Iraqis, even those who risked their lives aiding the American war
effort, leaving them especially vulnerable ahead of the planned American withdrawal.
In light of a case in Kentucky in which two Iraqi immigrants were arrested for alleged
ties to an insurgent group, the Obama administration has required new security
background checks for Visa applicants. Immigrant advocates say the administration
is ignoring a directive from Congress to draft a contingency plan to expedite visas
should those Iraqis who worked for the United States government come under
increased threat after American forces are drawn down at the end of the year.
Congress created the special immigrant visa program as a measure to expedite the
process for those Iraqis that face punishment for their cooperation with the United
States government. Beginning in 2008, Congress expanded the program to allot
25,000 slots over five years. After nearly four years, the government has issued
roughly 7,000 in total. The logjam processing visas has put many Iraqis who fear
reprisal from insurgents in a potentially serious bind. Activists say the impetus for
the legislation was to avoid a huge refugee crisis like the one that followed the
pullout from Vietnam, a threat they feel is very real.
http://www.nytimes.com/2011/07/13/world/middleeast/13baghdad.html?pagewante
d=all
*****
CA Rep. Seeks to End Diversity Visas
The Contra Costa Times reports that in light of the recent bungled State Department
visa lottery, in which 22,000 formerly elated individuals were told their selection was
voided due to a computer glitch, some lawmakers are making a push to abolish the
system altogether. Rep. Elton Gallegly of Simi Valley California believes it does not
make sense to give people green cards purely on the luck of the draw. The lottery is
meant to promote ethnic diversity, allowing people without existing connections in
the United States to settle here by only accepting applications from residents of
countries that have not already sent more than 50,000 immigrants to the U.S. in the
last five years. Gallegly and other detractors cite the practice as problematic stating,
“You don’t even have to have a compelling reason. You just want to come.”
The Associated Press reports that the House Judiciary Committee has voted to send
a bill abolishing the State Department’s visa lottery to the full House. Republican
Rep. Bob Goodlatte of Virginia said the program is riddled with problems, including
fraud, and has the potential to be exploited by terrorists. Democrats who opposed
the bill countered that eliminating the visa lottery would essentially end legal
immigration from African nations and reduce the overall number of visas available to
all immigrants.
http://www.npr.org/templates/story/story.php?storyId=138544659
*****
Border Fences Said to Threaten Wildlife
United Press International reports that a University of Texas study has found that
Border fences to stop illegal immigration are a threat to wildlife. Researchers say
most at risk of extinction are smaller populations of wildlife that occur in more
specialized habitats. When barriers, including border fences and roads, separate the
ranges of these animals their ability to move is limited, which makes them more
vulnerable to events such as hurricanes or fire, which can wipe out an entire
population.
http://www.upi.com/Science_News/2011/07/12/Border-fences-said-threat-to-
wildlife/UPI-56661310503006/
*****
More Mexicans Fleeing the Drug War Seek U.S. Asylum
Reuters reports that a growing number of Mexicans are fleeing raging drug cartel
violence in Mexico to begin a long-shot bid for political asylum in the United States.
Drug cartel violence has skyrocketed since President Felipe Calderon took office and
sent the military to crush the cartels. As a result, asylum requests have jumped up
as well, reaching a record 5,561 last year, of which only 165 were granted. Chances
of success for those seeking asylum are incredibly slim. Immigration officials say
claims are frequently based on a general fear of drug cartel violence or rampant
crime in the petitioner’s hometown and fail to meet the strict criteria for asylum.
http://www.reuters.com/article/2011/07/14/us-usa-mexico-asylum-
idUSTRE76D2T620110714
*****
Residency Proof for Immigrant Licenses
KRQE News (NM) reports that New Mexico Gov. Susana Martinez ordered the Motor
Vehicle Department to send letters to 10,000 random undocumented immigrants
who have obtained state driver’s licenses to prove they still live in New Mexico. More
than 85,000 people without Social Security numbers have received New Mexico
driver’s licenses due to a 2003 law that allows illegally present immigrants to apply
for a driver’s license. The 10,000 people who receive the letters will have 30 days to
schedule an in-person appointment and bring documents that prove they live in New
Mexico, failure to do so will result in their licenses being cancelled.
http://www.krqe.com/dpp/news/politics/residency-proof-for-immigrant-licenses
*****
Patrick Backs Illegally Present Immigrants on Tuition
The Boston Globe reports that Massachusetts Governor Deval Patrick appeared at a
packed State House hearing to urge lawmakers to let illegally present immigrants
pay the reduced resident rate at state colleges and universities. In the absence of
federal action giving undocumented students a path to residency, advocates for
immigrants have lobbied states to make public colleges more affordable for illegally
present immigrants. Governor Patrick has thrown his support behind the bill with the
hope of injecting new life into a measure that has languished in the Legislature for
years. Proponents fight critics who say illegally present immigrant students should
not benefit from their parents’ decision to break the law.
http://articles.boston.com/2011-07-21/news/29798836_1_eric-balderas-illegal-
immigrants-legal-residency
*****
Washington State Cancels Driver’s License of Journalist Who Disclosed He’s
Illegally Present
The Associated Press reports that Washington State canceled the driver’s license of
Jose Antonio Vargas, the Pulitzer Prize winning journalist who publicly said he is in
the country illegally. Department of Licensing spokeswoman Christine Anthony said
an investigation concluded Vargas wasn’t residing at the address he provided to the
Licensing Department.
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address
=439x1544420
*****
Rep. Luis Gutiérrez Arrested Near White House in Dream Act and
Immigration Protest
Fox News Latino reports that Illinois Rep. Luis Gutiérrez was placed in handcuffs for
peacefully protesting the Obama administration’s deportation policies and his
inability to push forward the DREAM Act. Gutiérrez and several others were arrested
after refusing orders from police to leave a sidewalk near the White House. The
Congressman said he would not be satisfied unless President Obama exercised his
power to prevent the deportation of “DREAMers and others with deep roots in the
U.S.”
http://latino.foxnews.com/latino/politics/2011/07/27/luis-gutierrez-arrested-near-
white-house-while-protesting-obamas-immigration/
*****
California Enacts Law Letting Illegally Present Immigrants Pay In-State
Tuition
CNN reports that a law signed by California Gov. Jerry Brown specifies that
undocumented immigrant students in the state can be eligible for cheaper in-state
tuition rates. The California DREAM Act is distinct from the federal effort of the same
name. The California version effectively updates a previously enacted law that
allows all people who have attended high school in the state for three or more years
to pay cheaper in-state tuition rates to attend one of its public institutions of higher
learning.
http://articles.cnn.com/2011-07-25/politics/california.immigration.law_1_illegal-
immigrants-cheaper-in-state-tuition-rates-undocumented-immigrant-
students?_s=PM:POLITICS
*****
Department of Labor Suspends Issuing Prevailing Wages as it Seeks to
Comply with Court Order to Implement H-2B Wage Rules
Comite de Apoyo a Los Trabajadores Agricolas, an organization of immigrant
laborers, has successfully sued the Department of Labor after the agency announced
its decision to delay by a year the effective date of a set of regulations on H-2B visa
prevailing wages. The court found the DOL violated the Administrative Procedure Act
by delaying the regulations without any notice and comment opportunity for the
public. The US District Court for the Eastern District of Pennsylvania ordered the
Department of Labor to implement the new H-2B prevailing wage regulations within
45 days of the mid-June decision’s issuance.
The Labor Department is being forced to reissue 4,000 H-2B wage determinations.
DOL has informed stakeholders that for an undefined period of time, it will issue no
prevailing wage determinations or requests for reconsideration or appeal in any
cases requiring prevailing wages including PERM cases, H-1B cases, H-2B cases and
H-2A cases. Employers can file prevailing wage requests and when the agency
resumes processing for everyone, applications will be handled on a first in, first out
basis.
*****
7. Washington Watch:
Democrats Accuse Rep. Smith of Hypocrisy
The San Antonio Express News reports that House Democrats have denounced an
immigration bill authored by Rep. Lamar Smith as “petty partisan politics” and
accused the San Antonio Republican of being a hypocrite for introducing the measure
to spur deportations. Smith filed the HALT Act to remove special considerations from
immigration proceedings after the White House announced it would prioritize
deportations to remove violent criminals and terrorists.
Smith defended the bill as a rebuke against what he saw as the Obama
administration ignoring “the will of Congress and the American people by using
executive branch authority to allow illegal immigrants to remain in the United
States.” Democrats dismissed the bill as political pandering that distracted from
measures that seek to improve the immigration system such as the DREAM Act.
The Houston Chronicle reports that Republicans pushed forward with the bill during a
raucous House hearing. Democrats, meanwhile, have lined up in opposition against
the HALT Act. Rep. Zoe Lofgren, D-Calif., accused Smith and Republicans of
engaging in political hyperbole to take away prosecutorial discretion that has been
enjoyed by previous presidential administrations. Republicans defend the bill as an
effort to halt what they consider to be presidential abuse of administration privileges.
http://blog.chron.com/txpotomac/2011/07/raucous-house-hearing-strays-from-
immigration-law-into-lawmakers-patronage-of-prostitutes/
*****
Mayor of Lewiston, Maine Testifies on Immigrants’ Impact
The Morning Sentinel (ME) reports that Mayor Larry Gilbert of Lewiston, Maine
testified before a Senate hearing on immigration reform about the benefits his town
has enjoyed from an influx of Somali immigrants. He described formerly vacant
storefronts now occupied by immigrant-owned businesses in an effort to relate the
economic energy immigrants can bring to a local economy. Gilbert acknowledged
that the benefits did not come without bumps along the way; issues that he said
could be smoothed over with better support from the federal government in areas
such as workforce training and learning English.
http://www.pressherald.com/news/Lewiston-mayor-testifies-on-immigrants-impact-
.html
*****
House Unanimously Amends Immigration and Nationality Act
The New York Times reports that the House passed, by a 426-0 vote, HR 398, to
amend the Immigration and Nationality Act to toll, during active-duty service abroad
in the Armed Forces, the periods of time to file a petition and appear for an interview
to remove the conditional basis for permanent resident status.
http://politics.nytimes.com/congress/bills/112/hr398
*****
House Passes H-1C Bill
The House voted 407-17 in favor of HR 1933, a bill reviving the H-1C nurse visa, a
visa category that lapsed in 2009. Lamar Smith, the chair of the House Judiciary
Committee, sponsored the bill. H-1C visas will be available to up to 300 nurses per
year who are sponsored to work in areas designated by the U.S. Department of
Health and Human Services to have a nursing shortage. The number of nurses
admitted was reduced from 500, but nurses will now be able to stay for up to six
years in two three year terms. The bill now moves on to the Senate Judiciary
Committee for consideration.
*****
8. Updates from the Visalaw.com Blogs
Greg Siskind’s Blog on ILW.com
Ombudsman Issues Recommendations on Employment Authorization
Documents
Immigration Humor: Closing the Borders
A Mini-McCarthy Panel to Enforce Georgia Immigration Law?
House Judiciary Committee Votes to End Visa Lottery
Why Employers Don't Do a Good Job Complying with Immigation Law
Report: Republicans Considering Their Own High Skilled Workers Bill
California Dream Act signed by Governor
Senate Holds Hearing on Skilled Immigration Benefits
Stock on the HALT Act
Florida Governor Thinks Arizona-Style Bill Will Actually Attract Businesses
Immigration is Most Important Issue for Hispanics
Another For-Profit University Has Student Visa Program Shut Down
NY Times: Smith Promises Agricultural Worker Bill
House Approves H-1C Nurse Visa Bill
The Budget Deal and the Immigration Debate
New Initiatives Intended to Make Immigration Easier for Entrepreneurs
ICE's Chutzpah Moment
Anderson: Let One or Two Flowers Bloom
Honor, Dignity, Justice
Obama Administration Deports Same Sex Spouse
American Bar Association Urges Congress to Preserve Birthright Citizenship
AILA Launches Pro Bono Program to Help DREAMers
The SSB I-9, E-Verify, & Employer Immigration Compliance Blog
Louisiana Company Fined for I-9 Discrimination
Costco Joining IMAGE Program
ICE Announces Fines in New England I-9 Audit
The Visalaw Healthcare Immigration Blog
Program to Retrain Foreign Doctors in Minnesota Eliminated
Visalaw Health Care Newsletter Now Online
H-1C Visa Bill Passes in House
Karen Weinstock’s Visalaw Georgia Immigration Blog
GOVERNOR TO COMMISSION IMMIGRATION REVIEW BOARD
E-VERIFY COSTLY TO SMALL BUSINESSES
GEORGIA RESTAURANTS REPORT LABOR SHORTAGES AFTER HB87
GEORGIA'S HB87 ALLOWS CITIZEN VOLUNTEERS TO STRIP GOVERNMENT
FUNDING
GEORGIA LISTS IDS ACCEPTABLE BY STATE FOR HB87
9. State Department Visa Bulletin: September 2011
Number 36
Volume IX
Washington, D.C.
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; U.S. Citizenship and
Immigration Services in the Department of Homeland Security reports applicants for
adjustment of status. Allocations were made, to the extent possible, in chronological
order of reported priority dates, for demand received by August 8th. If not all
demand could be satisfied, 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. If 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 announced in
this bulletin.
2. The fiscal year 2011 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 2011 limit for employment-based preference immigrants
calculated under INA 201 is 140,000. 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., 25,620 for FY-2011. The dependent area
limit is set at 2%, or 7,320.
3. 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,
INDIA, MEXICO, and PHILIPPINES.
4. Section 203(a) of the INA prescribes preference classes for allotment of Family-
sponsored immigrant visas as follows:
FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. 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, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second
preference limitation, of which 75% are exempt from the per-country limit;
B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent
Residents: 23% of the overall second preference limitation.
Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any
numbers not required by first and second preferences.
Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers
not required by first three preferences.
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.)
All
CHINA-
Family- Chargeability
mainland INDIA MEXICO PHILIPPINES
Sponsored Areas Except
born
Those Listed
F1 01MAY04 01MAY04 01MAY04 15MAR93 01NOV96
F2A 01DEC08 01DEC08 01DEC08 22SEP08 01DEC08
F2B 01JUL03 01JUL03 01JUL03 01NOV92 22MAR01
F3 22AUG01 22AUG01 22AUG01 22NOV92 15MAY92
F4 15APR00 15APR00 15APR00 22MAR96 08JUL88
*NOTE: For September, F2A numbers EXEMPT from per-country limit are
available to applicants from all countries with priority dates earlier than 22SEP08.
F2A numbers SUBJECT to per-country limit are available to applicants chargeable
to all countries EXCEPT MEXICO with priority dates beginning 22SEP08 and earlier
than 01DEC08. (All F2A numbers provided for MEXICO are exempt from the per-
country limit; there are no F2A numbers for MEXICO subject to per-country limit.)
5. Section 203(b) of the INA prescribes preference classes for allotment of
Employment-based immigrant visas as follows:
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 Pub. L. 102-395.
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.)
All
CHINA-
Employment- Chargeability
mainland INDIA MEXICO PHILIPPINES
Based Areas Except
born
Those Listed
1st C C C C C
2nd C 15APR07 15APR07 C C
3rd 22NOV05 15JUL04 08JUL02 22NOV05 22NOV05
Other Workers 01AUG05 22APR03 01JUN02 01AUG05 01AUG05
4th C C C C C
Certain
Religious C C C C C
Workers
5th
Targeted
Employment
Areas/ C C C C C
Regional
Centers and
Pilot Programs
*Employment Third Preference Other Workers Category: Section 203(e) of the
Nicaraguan and Central American Relief Act (NACARA) passed by Congress in
November 1997, 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.
6. The Department of State has a recorded message with visa availability
information which can be heard at: (202) 663-1541. This recording is updated on
or about the tenth of each month with information on cut-off dates for the following
month.
B. DIVERSITY IMMIGRANT (DV) CATEGORY
Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to
permit additional immigration opportunities for persons from countries with low
admissions during the previous five years. The NACARA 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 resulted in reduction of the DV-2011 annual limit 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-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:
All DV
Chargeability
Region Areas Except
Those Listed
Separately
AFRICA CURRENT Except: Ethiopia 32,700
ASIA CURRENT
Except: Uzbekistan
EUROPE CURRENT
UNAVAILABLE
NORTH AMERICA
CURRENT
(BAHAMAS)
OCEANIA CURRENT
SOUTH AMERICA, and the
CURRENT
CARIBBEAN
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-2011 program ends as of
September 30, 2011. DV visas may not be issued to DV-2011 applicants after that
date. Similarly, spouses and children accompanying or following to join DV-2011
principals are only entitled to derivative DV status until September 30, 2011. DV
visa availability through the very end of FY-2011 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-
2012 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:
All DV
Chargeability
Region Areas Except
Those Listed
Separately
Except: Egypt 5,000
AFRICA 8,500 Ethiopia 7,000
Nigeria 7,000
ASIA 8,000
EUROPE 8,500
NORTH AMERICA (BAHAMAS) 3
OCEANIA 300
SOUTH AMERICA, and the
400
CARIBBEAN
D. DIVERSITY VISA LOTTERY 2012 (DV-2012) RESULTS
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified
the winners of the DV-2012 diversity lottery. The diversity lottery was conducted
under the terms of section 203(c) of the Immigration and Nationality Act and makes
available *50,000 permanent resident visas annually to persons from countries with
low rates of immigration to the United States. Approximately 100,021 applicants
have been registered and notified and may now make an application for an
immigrant visa. Since it is likely that some of the first *50,000 persons registered
will not pursue their cases to visa issuance, this larger figure should insure that all
DV-2012 numbers will be used during fiscal year 2012 (October 1, 2011 until
September 30, 2012).
Applicants registered for the DV-2012 program were selected at random from
14,768,658 qualified entries (19,672,268 with derivatives) received during the 30-
day application period that ran from noon on October 5, 2010, until noon, November
3, 2010. The visas have been apportioned among six geographic regions with a
maximum of seven percent available to persons born in any single country. During
the visa interview, principal applicants must provide proof of a high school education
or its equivalent, or show two years of work experience in an occupation that
requires at least two years of training or experience within the past five years.
Those selected will need to act on their immigrant visa applications quickly.
Applicants should follow the instructions in their notification letter and must fully
complete the information requested.
Registrants living legally in the United States who wish to apply for adjustment of
their status must contact U.S. Citizenship and Immigration Services for information
on the requirements and procedures. Once the total *50,000 visa numbers have
been used, the program for fiscal year 2012 will end. Selected applicants who do not
receive visas by September 30, 2012 will derive no further benefit from their DV-
2012 registration. Similarly, spouses and children accompanying or following to join
DV-2012 principal applicants are only entitled to derivative diversity visa status until
September 30, 2012.
Only participants in the DV-2012 program who were selected for further processing
have been notified. Those who have not received notification were not selected.
They may try for the upcoming DV-2013 lottery if they wish. The dates for the
registration period for the DV-2013 lottery program are expected to be widely
publicized at some point during the coming months.
* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in
November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated
diversity visas be made available for use under the NACARA program. The reduction
of the limit of available visas to 50,000 began with DV-2000.
The following is the statistical breakdown by foreign-state chargeability of those
registered for the DV-2012 program:
AFRICA
ALGERIA 1,799 ETHIOPIA 4,902 NIGERIA 6,024
ANGOLA 42 GABON 48 RWANDA 333
BENIN 511 GAMBIA, THE 113 SAO TOME AND
BOTSWANA 7 GHANA 5,832 PRINCIPE 0
BURKINA FASO 226 GUINEA 899 SENEGAL 270
BURUNDI 56 GUINEA-BISSAU 3 SEYCHELLES 6
CAMEROON 3,374 KENYA 4,720 SIERRA LEONE 3,397
CAPE VERDE 9 LESOTHO 8 SOMALIA 175
CENTRAL AFRICAN LIBERIA 2,101 SOUTH AFRICA 833
REP. 3 LIBYA 136 SUDAN 757
CHAD 33 MADAGASCAR 17 SWAZILAND 0
COMOROS 9 MALAWI 16 TANZANIA 175
CONGO 105 MALI 76 TOGO 845
CONGO, DEMOCRATIC MAURITANIA 29 TUNISIA 113
REPUBLIC OF THE 3,445 MAURITIUS 59 UGANDA 418
COTE D'IVOIRE 553 MOROCCO 1,890 ZAMBIA 79
DJIBOUTI 38 MOZAMBIQUE 13 ZIMBABWE 123
EGYPT 4,664 NAMIBIA 10
EQUATORIAL GUINEA 4 NIGER 32
ERITREA 670
ASIA
AFGHANISTAN 109 IRAQ 153 NEPAL 3,258
BAHRAIN 29 ISRAEL 175 OMAN 11
BANGLADESH 2,373 JAPAN 435 QATAR 19
BHUTAN 5 JORDAN 152 SAUDI ARABIA 217
BRUNEI 0 NORTH KOREA 0 SINGAPORE 45
BURMA 370 KUWAIT 108 SRI LANKA 708
CAMBODIA 596 LAOS 1 SYRIA 160
HONG KONG LEBANON 274 TAIWAN 391
SPECIAL ADMIN. MALAYSIA 118 THAILAND 73
REGION 54 MALDIVES 0 TIMOR-LESTE 9
INDONESIA 256 MONGOLIA 209 UNITED ARAB
IRAN 4,453 EMIRATES 92
YEMEN 149
EUROPE
ALBANIA 1,508 HUNGARY 325 NORWAY 84
ANDORRA 1 ICELAND 56 PORTUGAL 66
ARMENIA 998 IRELAND 213 Macau 19
AUSTRIA 130 ITALY 529 ROMANIA 1,327
AZERBAIJAN 304 KAZAKHSTAN 434 RUSSIA 2,353
BELARUS 493 KOSOVO 137 SAN MARINO 1
BELGIUM 105 KYRGYZSTAN 321 SERBIA 298
BOSNIA & LATVIA 83 SLOVAKIA 80
HERZEGOVINA 83 LIECHTENSTEIN 0 SLOVENIA 16
BULGARIA 883 LITHUANIA 258 SPAIN 232
CROATIA 107 LUXEMBOURG 8 SWEDEN 200
CYPRUS 26 MACEDONIA 160 SWITZERLAND 229
CZECH REPUBLIC 104 MALTA 20 TAJIKISTAN 270
DENMARK 73 MOLDOVA 1,238 TURKEY 3,077
ESTONIA 49 MONACO 3 TURKMENISTAN 143
FINLAND 91 MONTENEGRO 18 UKRAINE 5,799
FRANCE 574 NETHERLANDS 149 UZBEKISTAN 4,800
French Polynesia 7 Aruba 4 VATICAN CITY 0
New Caledonia 1 Curacao 19
GEORGIA 620 St. Maarten 2
GERMANY 1,709 NORTHERN
GREECE 105 IRELAND 59
NORTH AMERICA
BAHAMAS, THE 15
OCEANIA
AUSTRALIA 900 NAURU 5 TONGA 93
Christmas Islands 3 NEW ZEALAND 309 TUVALU 0
Cocos Islands 1 Cook Islands 6 VANUATU 8
FIJI 628 Niue 14 WESTERN SAMOA 9
KIRIBATI 14 PALAU 5
MARSHALL ISLANDS 4 PAPUA NEW
MICRONESIA, GUINEA 0
FEDERATED SAMOA 0
STATES OF 2 SOLOMON
ISLANDS 0
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND DOMINICA 18 SAINT LUCIA 4
BARBUDA 9 GRENADA 24 SAINT VINCENT AND
ARGENTINA 101 GUYANA 26 THE GRENADINES 16
BARBADOS 25 HONDURAS 80 SURINAME 15
BELIZE 9 NICARAGUA 49 TRINIDAD AND
BOLIVIA 84 PANAMA 21 TOBAGO 175
CHILE 43 PARAGUAY 17 URUGUAY 19
COSTA RICA 43 SAINT KITTS AND VENEZUELA 925
CUBA 292 NEVIS 7
Natives of the following countries were not eligible to participate in DV-2012: Brazil,
Canada, China (mainland-born, excluding Hong Kong S.A.R. and Taiwan), Colombia,
Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico,
Pakistan, Peru, the Philippines, Poland, South Korea, United Kingdom (except
Northern Ireland) and its dependent territories, and Vietnam.
E. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State's Bureau of Consular Affairs publishes the monthly Visa
Bulletin on their website at www.travel.state.gov under the Visas section.
Alternatively, visitors may access the Visa Bulletin directly by going to:
http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.
To be placed on the Department of State’s E-mail subscription list for the “Visa
Bulletin”, please send an E-mail to the following E-mail address:
listserv@calist.state.gov
and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)
To be removed from the Department of State’s E-mail subscription list for the “Visa
Bulletin”, send an
e-mail message to the following E-mail address:
listserv@calist.state.gov
and in the message body type: Signoff Visa-Bulletin
The Department of State also has available a recorded message with visa cut-off
dates which can be heard at: (area code 202) 663-1541. The recording is normally
updated by the middle of each month with information on cut-off dates for the
following month.
Readers may submit questions regarding Visa Bulletin related items by
E-mail at the following address:
VISABULLETIN@STATE.GOV
(This address cannot be used to subscribe to the Visa Bulletin.)
Department of State Publication 9514
CA/VO: August 8, 2011
10. USCIS Rolls Out Initiatives Designed to Promote Startup Businesses
As part of efforts to promote job creation through the immigration process, US
Citizenship and Immigration Services has announced a series of policy initiatives and
changes designed to make existing immigration programs more attractive to
entrepreneurs and open up other programs perceived to be largely unavailable to
self-employed individuals.
First, USCIS noted that the EB-2 national interest waiver category is available to
entrepreneurs and that creating jobs for workers in the US is a factor that can
demonstrate national interest benefits. USCIS did not, however, provide guidance on
how many jobs would be enough to show this.
The agency also backtracked on a policy memorandum issued last year - commonly
referred to as the Neufeld Memo – that noted that self-employed individuals could
generally not qualify for H-1B visas. USCIS has issued an updated Frequently Asked
Questions document that now makes clear that individuals who own their own
businesses – even at a 100% level – can potentially qualify for an H-1B. USCIS still
expects their to be an employer-employee relationship and that some kind of control
over the entrepreneur would still be required. According to the agency, that might be
able to be shown if a company has an independent board of directors that controls
the employment of the sole owner of a company.
USCIS has announced the expansion of the premium processing to I-140s for EB-1
multinational executive and manager category as well as the EB-5 I-126 application
for investors. USCIS will also make available direct contact with EB-5 examiners and
also the opportunity to have an interview with an expert panel to address issues and
concerns in EB-5 processing. The EB-5 changes will begin to be introduced within 30
days.