U.S. IMMIGRATION LAW NEWSLETTER
Provided by Kazmi & Sakata March 2007
IN THIS ISSUE Kazmi & Sakata are proud to provide this free monthly newsletter. This newsletter includes a few brief U.
H1B DEADLINE S. immigration updates relating to Employment & Family Visas and Green Cards. It is important
for Employers and Family members to stay abreast of any new changes in U.S. immigration policy
CONSULAR OFFICES ABROAD and procedures.
RESUME I-130 IMMIGRANT VISA
PETITIONS This month's issue covers a variety of immigrant and non-immigrant issues.
BILL GATES AND IMMIGRATION
VISA BULLETIN LINK H1B DEADLINE
There is a quite a bit of chatter about how soon the FY 2008 H-1B quota will be exhausted, with
some predictions that the regular cap will be reached within the first day or first two days of filing. There is,
of course, no way to know if this speculation will be true, but it appears that many attorneys are operating
on the assumption that it could be so.
Moreover, if a sufficient number of petitions to exhaust the quota is received on the first day, the USCIS
will apply the "random selection" lottery to petitions received on the first and second days as provided for
in the regulations.
The start date for all new H1bs must be October 1st. However, we are permitted to begin filing on April
1st. This is because the Labor Condition Application (LCA) must be done online no earlier than six (6)
KAZMI & SAKATA is a Business & months before. However, the first day (April 1st) is a Sunday. Thus, we are planning to file all our H1bs
Family Immigration Nationality Law
on March 30th to be delivered on Monday, April 2nd. We can get the LCA in hand before April 1, by setting
Firm in San Diego, California.
the employment start date on the LCA for a date in September, and set the expiration date for a date no
Our firm can help you obtain your more than three years later.
Green Card through Marriage or
through Employment. Thus, we will file with a start date of October 1, but with an expiration date that coincides with the
expiration date of the LCA (a few weeks earlier in September 2010).
firstname.lastname@example.org CONSULAR OFFICES ABROAD RESUME I-130 IMMIGRANT VISA PETITIONS
Phone: 858-874-0711 Effective March 21st, consular posts abroad will accept petitions for immediate relative immigrant
classification from American citizens who are resident in their consular districts, including members of
www.ksvisalaw.com the armed forces, as well as true emergency cases, such as life and death or health and safety, and
others determined to be in the national interest.
As of January 22, 2007, consular offices abroad were instructed to cease accepting certain immigrant
Dai I. visa petitions because consular officers lacked the means to perform the required criminal background
This winter, we helped Dai obtained his checks on American citizen petitioners, as required by the Adam Walsh Act.
Adjustment of Status based on his father's
I-130 filed several years before. Subsequently, the Department of State and the U.S. Citizenship and Immigration Service (USCIS) worked
to develop a mechanism whereby USCIS will perform these required "Adam Walsh Act" checks for
This is what he had to say about our any petitions accepted abroad by consular officers. To demonstrate residency in a consular district,
services: American Citizen petitioners must be able to show that they have permission to reside in the consular
district and that they have been doing so continuously for at least six months before filing the
"Please accept my sincere thanks for your petition. Individuals who are in the country on a temporary status, such as student or tourist, would not
professional support and consulting in be considered to meet the residency standard.
obtaining my US Permanent Resident
Card. I am very confident that without your
professional services rendered, things
might have been less fortunate for me, and
or perhaps more complicated." BILL GATES AND IMMIGRATION
Bill Gates told Congress on March 7th that overhauls of the nation's schools and immigration laws are
urgently needed to keep jobs from going overseas. "The U.S. cannot maintain its economic leadership
unless our work force consists of people who have the knowledge and skills needed to drive innovation,"
Gates told the Senate committee that oversees labor and education issues.
Gates said the nation's economy depends on keeping the country's borders open to highly skilled
workers, especially those with a science or engineering background. Federal law provides 65,000 H1-B visas
for scientists, engineers, computer programmers and other professionals every budget year. High-tech
and other employers say that's not enough.
"Even though it may not be realistic, I don't think there should be any limit," Gates said, adding that
Microsoft hasn't been able to fill approximately 3,000 technical jobs in the United States because of a
shortage of skilled workers.
The Visa Bulletin provides updates on Immigrant Visas (green cards), which are numerically limited
by category and by country of chargeability.
Please see the following link to the April Visa Bulletin issued by the Department of State:
We ask our readers to participate and be active in the U.S. immigration practice. Please send us your
feedback on this newsletter and feel free to ask any U.S. Immigration question you may have by sending
an email to email@example.com.
Disclaimer: This newsletter is not intended as legal advice and you should contact an attorney for any legal advice.