H-1B Cap Exemptions Based on Relation or Affiliation

Update as of March 18, 2011

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in the prior adjudication – and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.

Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.

USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.

Evidence of previous determinations of cap exemption, as discussed in this Update, will be considered on a case by case basis only when submitted with a Form I-129 petition for H-1B status requesting exemption from the numerical cap, or in response to a Request for Evidence or Notice of Intent to Deny for H-1B petitions currently pending with USCIS claiming exemption from the cap. Petitioners are accordingly advised not to send separate correspondence containing their cap-exemption evidence to USCIS on this issue.

Last updated:03/18/2011

So to summarize USCIS announces that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education. Thus exempting them from statutory cap limit.


Source : www.uscis.gov

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US Labor Department issues proposed rulemaking revising H-2B program

Proposed rule seeks to enhance access to jobs, benefits and protections for US workers

WASHINGTON — The U.S. Department of Labor's Employment and Training Administration and its Wage and Hour Division today announced the publication of a proposed rule that seeks to improve the H-2B temporary non agricultural worker program. The proposed rule, to be published in the March 18 edition of the Federal Register, includes changes to several aspects of the program to ensure that U.S. workers receive the

same level of protections and benefits as temporary foreign workers recruited under the H-2B program, and to provide better access for employers with legitimate labor needs.

The H-2B program allows the entry of foreign workers into the United States on a temporary basis when qualified U.S. workers are not available and when the employment of those foreign workers will not adversely affect the wages and working conditions of similarly employed U.S. workers. The H-2B program is limited by law to a program cap of 66,000 visas per year.

"As our economy continues to recover, it is important for U.S. workers to receive access to all jobs, and that the H-2B program is used as it was intended," said Secretary of Labor Hilda L. Solis. "At the same time, workers employed through the H-2B program must be treated fairly."

In order to streamline and improve the program for employers, the proposed rule would create an H-2B registration process that would allow employers to conduct labor market tests closer to their date of need before applying for a certification. It also would eliminate job contractors as users of the program.

The department further proposes to improve U.S. workers' access to jobs and increase worker protections by creating a national job registry for all H-2B job postings; requiring employers to provide documentation that they have taken appropriate steps to recruit U.S. workers, rather than permitting employers to attest to such compliance; enhancing transparency by requiring employers to submit agency agreements and through the

use of foreign recruiters; reinstating the role of state workforce agencies in providing expertise on local labor market conditions and recruitment patterns; and increasing the amount of time during which U.S. workers must be recruited.

Additionally, the department proposes to extend H-2B program benefits to workers employed alongside those recruited under the H-2B program; require employers to pay transportation costs and other fees; and enhance enforcement by giving the department's Wage and Hour Division independent debarment authority.

To view a copy of the forthcoming Federal Register notice, visit http://s.dol.gov/DK. Members of the public are invited to submit comments on this proposed rule via the federal e-rulemaking portal at http://www.regulations.gov. The deadline for comments is May 17, 2011.

Read this news release en Español.

ETA News Release: US Labor Department issues proposed rulemaking re...

H·2B Notice of Proposed Rule making Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States

The Immigration and Nationality Act provides that the Secretary of the Department of Homdand Security (DHS) must consult with "appropriate agencies of the Government" before granting any H-2B visa petitions. Through regulation, DHS delegated to DOL labor certification and enforcement authority for the H·2B program. As part of its labor certification responsibility, DOL's Employment and Training Administration (ETA) certifies whether U.S. workers capable of performing the jobs for which employers are seeking foreign workers are available, and whether the employment of the foreign workers will adversely affect the wages and working~ conditions of U.S. workers similarly employed. As part of its enforcement responsibilities, DOL's Wage and Hour Division (WHO) enforces compliance with the conditions of an H-2B petition and DOL-approved temporary labor certification.

The proposed rule will:

• Address the critical issue of U.S. worker access to the jobs for which employers see~ H·2B workers through a re-engineered program design which focuses on enhanced U.S. worker recruitment and strengthened worker protections.

• Through more robust domestic recruitment, assist employers to find domestic labor lor those positions the employers would otherwise seek to fill with temporary H-2B wOIk.ers.

• Strengthen existing worker protections. establish new protections, and enhance program integrity measures and enforcement to ensure adequate protections for both U.S. and H2B workers.

• Ensure that only those employers who demonstrate a legitimate temporary need for temporary foreign workers have access to the H·2B program.

Major features of the NPRM include:

• Creating a national electronic job registry for all H·2B job orders (an expansion of ti le H2A job registry) to improve U.S. worker access to nonagricultural jobs and help employers find workers from across the U.S.

• Enhancing the recruitment of U.S. workers, increasing the amount of time for which U.S. workers must be recruited, and requiring the hiring back of fanner employees when available.

• Requiring employers to engage in post-filing recruitment of U.S. workers, thereby demonstrating compliance with the prerequisites for bringing H-2B workers into the country.

• Creating an H-2B Registration process in which employers must demonstrate temporary need before applying for a labor certification. Temporary need (other than for a one-time occurrence) can be no more than 9 months. This would result in a more streamlined process that would allow employers to conduct the labor market test closer to the date of need without the simultaneous adjudication of temporary need.

• Reinstating the critical role of the State Workforce Agencies (SW A) in assisting employers by using their expertise on local labor market conditions and recruitment patterns, thereby expanding job opportunities for U.S. workers.

• Maximizing the use of the program by employers with legitimate temporary need through the elimination of job contractors from the program, on the basis that they have a permanent need for workers.

• Providing greater transparency by requiring employer disclosure of agency agreements and use of foreign recruiters in the solicitation ofH-2B workers.

• Extending H-2B program benefits, such as wages and transportation, to similarly employed U.S. workers to ensure these workers are not receiving lower wages or benefits than the foreign workers.

• Strengthening worker protections through inclusion of the following provisions:

· ./ Payment or reimbursement of transportation and subsistence for workers tolfrom the place from which the worker has come to work for the employer;

· ./ Payment or reimbursement of visa, border crossing and related governrnent-maIdated fees;

· ./ Provision of all tools, supplies and equipment;

· ./ Offering each worker employment for a total number of work hours equal to at least three-fourths of the workdays of each 4-week period and requiring full-time work of at least 35 hours per week;

· ./ Provision of accurate earnings statements with clear and lawful deductions; and

· ./ Requirement that employers provide workers with copies of the job orders no la :er than the time at which the worker applies for the visa, if the worker is departing directly from his or her home country, and display a poster describing employee rights and protections in English and another language common to the workers, t the work site.

• Strengthening debarment authorities by providing WHD with independent debarment. It authority in addition to ETA, and providing revocation authority to ETA.

Source: http://aila.org/content/default.aspx?docid=34889

H1B and H2B FY 2012 - A Guide to first-time visa holders

Process for H2B visa

Who is eligible?

The H2B visa is available to employers of foreign workers not working in the agricultural field. This visa is only available for work that is temporary in nature. For H2B purposes, that means:

• Recurring seasonal need;
• Intermittent need;
• Peak-load need; and
• One time occurrence.

The employer must also prove that there are no unemployed US workers willing or able to do the work. This is established through the state's employment agency using a labor certification process. This process requires a recruitment campaign, including advertising in a local newspaper for available temporary workers.

Visa validity

The duration of the visa is limited to the employer's need for the temporary workers. The maximum authorized period is one year. However, the employer may extend the duration of the visa up to three years -- but with a very close watch from the immigration authorities.

Filing the I-129 Petition

In order to be considered as a nonimmigrant under the above classifications, the prospective employer must file Form I-129, Petition for Nonimmigrant Worker, with the United States Bureau of Citizenship and Immigration Services (USCIS). Once approved, the employer is sent a notice of approval, Form I-797.

Applying for the Visa

If the prospective worker is outside of the US, he must then apply for a visa with the US consulate.

The H-2B visa application includes:

• DS-156, Application for Nonimmigrant Visa
• DS-157 if male between the ages of 16 and 45)

  The necessary filing fees

• Copy of Notice of Approval of H-2B Petition
• Passport
• One passport-style photo
• Evidence of ties to the home country (family, property, current occupation, etc.) Like with any other nonimmigrant visa, the Consulate needs to see that each applicant has ties to the country so that he or she will return home after their work period ends.

If the prospective worker is already in the US and is changing from one nonimmigrant status to another, a visa is not required. However, if the worker leaves the US and wants to re-enter, s/he may need a visa.

Entry into the US

Applicants should be aware that a visa does not guarantee entry into the United States. The officer at the port of entry has authority to deny admission, even if the applicant has a visa. Also, the officer at the port of entry, not the consular officer, determines the period for which the bearer of a temporary work visa is authorized to remain in the United States. At the port of entry, officials issue Form I-94, Record of Arrival-Departure, which notes the length of stay permitted. The decision to grant or deny a request for extension of stay, however, is made solely by the USCIS.

When to file

Petitions should be filed no more than six months before the proposed employment will begin. However, they should be submitted at least 45 days before the employment will begin, because the petition processing and visa issuance may not be completed before work is to begin.

Bringing family members

Spouses of H-2B visa holder or an unmarried child under 21 years of age of H-2B visa holder are issued an H-4 visa. They may remain in the US as long as the authorized stay of the H-2Avisa holder. H-4 visa holders are not permitted to work in the US.

Petitioning for several workers

It is possible, in some cases, for employers to file blanket petitions (that is, one petition for several individual employees).

Process for H1B Visa

The US H1B visa is a non-immigrant visa, which allows a US company to employ a foreign individual for up to six years. As applying for a non-immigration visa is generally quicker than applying for a US Green Card, staff required on long-term assignment in the US are often initially brought in using a non-immigrant visa such as the H1B visa.

Individuals can not apply for an H1B visa to allow them to work in the US. The employer must petition for entry of the employee. H1B visas are subject to annual numerical limits.

US employers may begin applying for the H-1B visa six months before the actual start date of the visa. Since the beginning of the FY 2009 is October 1, 2008, employers can apply as soon as April 1, 2008 for the FY 2009 cap, but the beneficiary cannot start work until October 1st.

The H1B visa is designed to be used for staff in "speciality occupations", that is those occupations which require a high degree of specialized knowledge. Generally at least the equivalent of a job-relevant 4-year US Bachelor's degree is required (this requirement can usually be met by having a 3-year degree and 3 years' relevant post-graduate experience). However, professionals such as lawyers, doctors, accountants and others must be licensed to practice in the state of intended employment - e.g. a lawyer must generally have passed the relevant state bar exam.

Non-graduates may be employed on an H1B visa where they can claim to be 'graduate equivalent' by virtue of twelve or more years' experience in the occupation.

Positions that are not "speciality occupations", or for which the candidate lacks the qualifications/experience for an H1B visa, may be filled using an H-2B visa.

New H1B legislation requires certain employers, called 'H1B dependent employers' to advertise positions in the USA before petitioning to employ H1B workers for those positions. H1B dependent employers are defined as those having more than 15% of their employees in H1B status (for firms with over 50 employees - small firms are allowed a higher percentage of H1B employees before becoming 'dependent'). In addition all new H1B petitions and 1^st extensions of H1B's now require a fee (in addition to the usual filing fees) of US$1,000 to be paid, which will be used to fund a training programme for resident US workers.

The initial visa may be granted for up to three years. It may then be extended, in the first instance for up to two further years, and eventually for one further year, to a maximum of six years. Those wishing to remain in the US for more than six years may, while still in the US on an H1B visa, apply for permanent residence (the "green card"): if such employees do not gain permanent residence, when the six year period runs out, they must live outside the US for at least one year before an application is made for them to enter on an H or an L visa.

Once a company has brought an employee to the US on an H1B visa, should the company dismiss that employee before the expiry of the visa, the company is liable for any reasonable costs that the employee incurs in moving him/herself, his/her effects, back to his/her last foreign residence. This provision covers only dismissal, it is not relevant when an employee chooses to resign.

H-1B frequently asked questions

Q. Can the H1B employee work at different sites?

A. Yes, but a separate Labor Condition Application must be made for each site at which the employee will be working (though there is a limited exception for short-term assignments at different sites within the same Metropolitan Statistical Area).

Q. Can employment/contracting agencies sponsor H1B visas?

A. Yes, but remember the sponsor has to pay the prevailing wage whether or not they can find employment for the alien.

Q. How many H1B visas are available each year?

A. 65,000 for the fiscal year starting October 1, 2005. However, there are 20,000 additional H-1B visas available as an exemption from the 65,000 quota. These are reserved for people who have graduated from a U.S. university with at least a Masters degree and have other skills and experience in demand.

Research institutions and universities may also offer positions and petition for H-1B visas beyond all caps. People that may qualify for such positions have very unusual skills, education and experience, so it is rare that petitions are made beyond the official caps.

Q. What happens when the annual quota is reached?

A. USCIS announces a cutoff date once the annual quota is reached. Petitions filed before the cutoff date, but after the quota has been used up, will be held for processing the following October. Petitions submitted after the cutoff date will be returned to the petitioner without consideration.

Q. What are the government fees involved in obtaining an H1B visa, and who pays them?

A. The USCIS filing fee is currently US$ 190, which must be paid by the sponsoring employer. In addition to the filing fee, the USCIS imposes a Fraud Prevention and Detection fee of US$ 500. For H1B applications, the USCIS also imposes a American Competitiveness and Workforce Improvement Act (ACWIA) fee of US$ 1,500 if the petitioner employs more than 25 full-time equivalent employees, including any affiliate or subsidiary, or US$ 750 if the petitioner employs 25 or less full-time equivalent employees. Finally, consular visa processing usually involves a charge of approximately $105 in local currency. Prevailing Wage Determinations and Labor Condition Applications are free of government charges.

Q. How long does the process take?

A. On average 3-6 months in total, depending on the USCIS Regional Service Center processing the application - unless using Premium Procession.

Q. Is it possible to speed up the process.

A. Yes. USCIS has instituted a program called Premium Processing. If the INS is paid an extra $1,000 on a separate check, USCIS guarantees it will adjudicate the petition in 15 days or notify the petitioner if more evidence is needed.

Q. Can the alien come to the USA on a visitor visa or visa-waiver while the H1B petition is being processed?

A. This is possible but not advisable, and under no accounts should the alien risk putting in jeopardy the issue of an H1B visa by engaging in anything that might be construed as work, as this may lead to the alien being accused of visa-fraud either on entry to the US with a visitor visa/visa-waiver or when applying for an H1B visa at the US consulate in their own country.

Q. If I sponsor an alien worker for an H1B, do I have to employ him/her for the full period of the visa's validity?

A. No, but if you dismiss the worker before the H1B visa expires you are responsible for his/her reasonable costs of return transportation to their home country. You will probably not be responsible for such costs for his or her dependants, however.

Q. Can the H1B alien's spouse/children work or study in the US.

A. Dependents of the H1B alien are granted H-4 visas, which are not employment-authorized. Thus they cannot work unless their prospective employer unless they can obtain a work visa in their own right. H-4 dependents may, however, undertake study in the USA.

Source - http://hubpages.com/hub/H2B-visa

May 2011 Visa Bulletin Predictions - EB Category

Updated 03/29/2011 - Based on recently released data

Here is the prediction for May 2011 Visa Bulletin. We should see following movements in each category as long as USCIS/DOL would use visa numbers for each category as per statutory allocations.

Predictions

• EB3- China could advance to 08 April 2004


• EB3-Philippines could advance to 22 August 2005.


• EB3-Mexico could advance to 15 August 2004.


• EB3-ROW could advance to 22 August 2005.


• EB2 will be current for ROW, Mexico and Philippines.


• EB3-India could advance to 15 April 2002.


• EB2-India would see movement till 15 December 2006 (based on EB1 spillover of 12000, half yearly EB2-demand and half-yearly unused EB4 and EB5 numbers).


• EB2-China could advance to 15 December 2006.

Finally, a Startup Visa That Works!!!

This bill is currently discussed a lot among immigrant community. This would add new category EB6 to the employment-based category with out addition of visas to total annual quota of 140,000 visas. This visa is an amazing opportunity for individuals who would like to start a business or a company in USA. On other hand it has been proposed that any unused EB5 numbers should Fall down to this EB6 category before the numbers could be made available to EB1. Introduction of this visa will definitely impact spillover in long run. Investment involved is not that high, so definitely there is a scope for fraud or to use this visa as a stepping stone visa to transfer to other non-immigrant visas during an open window of 2 years. Time would tell. Until then it is necessary that more information is published on this new visa type.

Finally, a Startup Visa That Works
- By Vivek Wadhwa

In my last post about the Startup Visa, I was very critical of the Kerry–Lugar legislation. That’s because it required immigrant entrepreneurs to raise at least $250,000 in financing for their startups, of which $100,000 had to come from American VCs or Super Angels. Few startups raise this kind of seed money—even in Silicon Valley. I couldn’t foresee this bill generating more than a few dozen jobs. Yet our political leaders would have claimed “Mission Accomplished”, and we would have lost a valuable opportunity to stem the brain drain.

I was delighted to receive an e-mail, last week, from Garrett Johnson, who works for Senator Richard Lugar (R-Ind.). Garrett said that the Senator had read my articles and asked his staff to consider my comments. After consulting with Bob Litan, of Kauffman Foundation; Brad Feld, of Foundry Group; Eric Ries, of the lean-startup movement; and other champions of the visa, Garrett had revised the legislation. He sent me a draft of the bill that was introduced today. This new legislation is even better than I had hoped for. If it gets through both houses—and doesn’t have bureaucratic constraints—I expect it to unleash a flood of entrepreneurship.

The new legislation provides visas to the following groups under certain conditions:

1. Entrepreneurs living outside the U.S.—if a U.S. investor agrees to financially sponsor their entrepreneurial venture with a minimum investment of $100,000. Two years later, the startup must have created five new American jobs and either have raised over $500,000 in financing or be generating more than $500,000 in yearly revenue.
2. Workers on an H-1B visa, or graduates from U.S. universities in science, technology, engineering, mathematics, or computer science—if they have an annual income of at least $30,000 or assets of at least $60,000 and have had a U.S. investor commit investment of at least $20,000 in their venture. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.
3. Foreign entrepreneurs whose business has generated at least $100,000 in sales from the U.S. Two years later, the startup must have created three new American jobs and either have raised over $100,000 in financing or be generating more than $100,000 in yearly revenue.

The investor must be a qualified venture capitalist, a “super angel” (U.S. citizen who has made at least two equity investments of at least $50,000 every year for the previous three years), or a qualified government entity.

The really good news is that this enables foreign students and workers who are already in the U.S. to qualify for a visa. The requirements for them are very reasonable—they must show that they have enough in savings not to be a burden to American taxpayers, and get a qualified investor or a government entity such as the Small Business Administration to validate their ideas by making a modest investment.

Yes, there is a risk for holders of this visa that, if their venture fails or doesn’t go anywhere, they must start again or leave the U.S. But that’s entrepreneurship—there are no guarantees. This won’t appeal to everyone, and it is not meant to. The Startup Visa is for risk takers.

This version of the bill will, I expect, encourage tens of thousands of workers trapped in “immigration limbo”, and foreign students who would otherwise return home after graduation, to try their hands at entrepreneurship. Many of these people would not otherwise have considered entrepreneurship; they will now have the incentive to take the risk.

Even though the bill doesn’t allow visa holders to work for any company other than their own, I have no doubt that the anti-immigrants will rally against it. They always do, regardless of what is good for the country and of what is good for them. They fear competition and will make claims that these startups will, somehow, take their jobs away.

But the fact is that skilled immigrants create jobs; and recipients of the startup visa will not be allowed to stay in the U.S. permanently unless they do. Right now, these job creators have no choice but to take their ideas and savings home with them and become our competitors. This legislation allows them to create the jobs here.

A lot of hard work has gone into this bill, over the last two years, by tech notables Brad Feld, Eric Ries, Dave McClure, Manu Kumar, Shervin Pishevar, Fred Wilson, and Paul Kedrosky. This group is launching a campaign to gain the bill political support. It is using social-lobbying tools powered by Votizen to take tweets, Facebook posts, and SMS messages and hand-deliver them to Congress. The Startup Visa website details how you can get involved and help the bill to succeed. Now it is your turn to speak up and help us revitalize the economy.

Editor’s note: Vivek Wadhwa is an entrepreneur turned academic. He is a Visiting Scholar at UC-Berkeley, Senior Research Associate at Harvard Law School, Director of Research at the Center for Entrepreneurship and Research Commercialization at Duke University, and Distinguished Visiting Scholar at The Halle Institute for Global Learning at Emory University. You can follow him on Twitter at @vwadhwa and find his research at www.wadhwa.com.

EB3 to EB2 Porting Calculations - Part II

We have completed our analysis to calculate EB3 to EB2 porting which is shared herein. Google analytics and 'EB3 to EB2 porting' poll on this website were used to crunch some numbers for yearly EB3 to EB2 porting. Please note as mentioned in my previous post, this site has three posts which could be of interest to individuals looking to port from EB3 to EB2 category.

• ?

Google Analytics

With Google Analytics, we looked at each of these topics and noted number of "unique visits" we had receive every day. Unique visits with direct traffic from Google search were ONLY considered. Please see table below to see number of visits. Any visits referred from other forums and websites were ignored. This way any error in the method to calculate EB3 to EB2 porting is offset by number of ignored visits from other sites. If we assume that only 70% of these individuals are eligible or would qualify to port their priority date, we can assume total monthly and subsequently total yearly EB3 to EB2 porting.

EB3 to EB2 Porting Polls

Result from EB3 to EB2 porting polls was further used to calculate distribution of yearly porting among different priority date based on poll results. This is an ongoing effort but so far we have received 115 votes; which is believed to be a good sample size to evaluate distribution of current EB3 to EB2 porting rate. Further breakdown is done to predict monthly porting between PD Jan 2006 and PD Dec 2007. This results will be of interest for current fiscal year when unused visa numbers will be available due to spillover and for next fiscal year especially when this demand will hit I-485 inventory or would start using annual visa numbers once date will become current for these PDs. Moving EB3 to EB2 porting is also calculated. See table below. For every primary applicant, family size is considered to be 2.25 to calculate Porting (Primary + Dependents)


Poll Results

Note: This is just one way to analyze this data. If you have any other better way please feel to comment or contact us and we can add your analysis to this site as well. Our goal is to help immigrant community.

Pageviews and Unique PageViews based on three posts used to calculate EB3 to Eb2 porting

Admission Application Tracker - For Graduate and Undergraduate Students

We have released new admission application tracker for graduates and undergraduates. Please use this tracker to enter details of your application to schools and universities in US. Please fill in as much details as possible and edit the tracker as and when you will get more information on your application status. Use this tracker also to see what score would you get you into which schools.

Please see "Undergraduate and Graduate Admissions Application Tracker"

Visa Bulletin - April 2011

April 2011 Visa Bulletin was released today. Little movement for Family-Based categories. We expect more retrogression for Family-Based F-1 and F-2A category in coming months. For Employment-Based category, EB-3 overall saw some movement in cut-off dates for each country. EB2 is current for all other countries except India and China. EB2-India did not see any movement. EB2-China progressed to 22 July 2006. EB1, EB4 and EB5 are still current.

Family-Based

Family 1st – retrogressed for most countries;

Family 2A – most countries advanced to April 2007; Mexico advanced to July 2006.

Family 2B – world numbers stalled at April 2003; Mexico saw no movement and Philippines advances to December 1999.

Family 3rd – most countries advanced to March 2001; Philippines advances by nine months to Novemeber 1992; Mexico retrogresses advances to 08 November 1992.

Family 4th – most countries stalled at January or February 2000; Philippines stalled at 08 March 1988; Mexico advances three weeks to February 1996.

RETROGRESSION OF FAMILY PREFERENCE CUT-OFF DATES

Continued heavy applicant demand for numbers in the Family First (F1) preference category has required the retrogression of the Worldwide, China-mainland born, and India cut-off date for the month of April.

Further retrogressions cannot be ruled out should demand continue at the current levels for some categories and countries.

Employment-Based

Employment 1st – still current in all categories

Employment 2nd – no movement for India; two week improvement for China (22July 2006) and still stalled for India (8 May 2006).

Employment 3rd – Eb3 saw overall movement for each country and category

Employment 4th – still current in all categories

Employment 5th – still current in all categories

Diversity Visa Scams - Sample Email Attached

I received this email today saying that I have been selected for DV program. Please be aware that this is a scam that is going on all over the internet. Please see sample e-mail below that I received in the email.

Fraudsters will frequently e-mail potential victims posing as State Department or other government officials with requests to wire or transfer money online as part of a “processing fee.” You should never transfer money to anyone who e-mails you claiming that you have won the Diversity Visa (DV) lottery or been selected for a Green Card.

These e-mails are designed to steal money from unsuspecting victims. The senders often use phony e-mail addresses and logos designed to make them look more like official government correspondence. One easy way to tell they are a fraud is that the e-mail address does not end with a “.gov”.

Be Aware of Diversity Visa Scams

Individuals have contacted U.S. Citizenship and Immigration Services (USCIS) about fraudulent e-mails and letters saying they have been selected in the Diversity Visa program. The scammers pose as the U.S. government in an attempt to get money from people hoping to get a visa.

U.S. Department of State runs the Diversity Visa Program and has excellent information on how to protect yourself against these scammers. To educate yourself about the Diversity Visa program visit the Department of State website. For information on avoiding other types of immigration scams, visit our Don't be a Victim webpage.

See this Blog

Sample Scam Letter- Beware--_US_Department_of_State_-_United_States_Permanent_Resident_Card_for_xxxxxxx

Demand Data used to determine April 2011 Visa Bulletin released

Demand Data used to calculate priority date cut-off for April 2011 Visa Bulletin has been released. Demand for visa numbers for most category and country has reduced from March 2011 to April 2011. We expect to see movement in April visa bulletin for all categories except EB2-India. Demand for EB2-India has increased in April Demand Data by 25. This is due to heavy EB3 to EB2 porting.

April 2011 Demand Data


March 2011 Demand Data

Temporary Government Shutdown and Its Affect on Visa Processing

Here is a nice article that is shared by Murthy.com. Please read through it and be advised that visa processing times could prolong than usual during government shutdown. If you are planning to travel abroad to get your visas stamped, please be cautious and informed about the shutdown. There are good chances that some consulates may be closed during this period of time. Please plan your travel accordingly. Kudos to Murthy Law Firm to keep immigrant and non-immigrant community updated on this issue.

Temporary Government Shutdown: How Immigration Might be Affected

Update: Due to an agreement on government funding for a two-week period, there will not be an immediate government shutdown. The Continuing Resolution provides funding until March 18, 2011. A shutdown remains possible in the future if a longer term agreement is not reached.

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If the U.S. Congress cannot reach an agreement on a funding extension by March 4, 2011, there could be what is commonly referred to as a government "shutdown." In such a situation, government services are not completely shut down but they are limited, and some functions cease until the funding issues are resolved. This explanation of what a temporary shutdown would entail from an immigration point of view is for the benefit of MurthyDotCom and MurthyBulletin readers.

Background: Disagreement Over Funding Levels

Generally, the U.S. Federal Government sets a budget annually and funds operations through passage of appropriations legislation. However, since they have failed to reach an agreement on budget issues for fiscal year (FY) 2011, funding is currently approved and available only under a temporary measure, which is set to expire on March 4, 2011.

Congress must agree to a continuation of temporary funding to maintain the status quo. On February 19, 2011, the Republican-controlled U.S. House of Representatives approved a budget containing $60 billion in cuts. This is not acceptable to President Obama or many Democrats in the Senate. If no compromise is reached by March 4, 2011, the United States will face the first government shutdown since 1995.

History of Government Shutdowns

As stated, the last time the United States faced a government shutdown was in 1995. The 1995 shutdown was the longest event of its type in U.S. history, with a duration of twenty-one days (from December 16, 1995 to January 6, 1996). This had been preceded by a five-day shutdown in November 1995. There were nine earlier shutdowns of three days or less between 1981 and 1995. However, between 1977 and 1980, there were six government shutdowns lasting from eight to seventeen days. Thus, a shutdown could be quite brief, but might extend for several weeks.

Not a Complete Shutdown: Services that Must Remain Open

Even in a shutdown the U.S. government does not simply cease all operations. Under existing guidelines, the U.S. government will continue activities that provide for national security and protect life and property. The government will continue to issue benefit payments and perform certain contract obligations. These operations include: medical care of inpatient and emergency outpatient care; continuance of air traffic control; continuance of border protection; law enforcement and care of prisoners; emergency disaster assistance, and similar services and operations. Additionally, and particularly relevant to immigration, some services that are self-funded (through payment of user fees) continue to operate.

Impact on USCIS and Other Immigration Applications / Petitions

CBP: Open for Business
The U.S. Customs and Border Protection (CBP) will remain operational, as they deal with national security and protect life and property. Thus, it will still be possible to travel into the United States as a foreign national.

USCIS Benefits Continue
The USCIS is expected to continue to adjudicate benefits applications and petitions. This is possible because these operations are funded by the filing fees that are submitted with the various applications and petitions. Thus, this portion of the immigration process, commonly utilized by MurthyBulletin and MurthyDotCom readers, will continue.

U.S. Department of Labor: Not Operating
Unlike the USCIS, the Department of Labor (DOL) does not charge user fees for its services. It is thus expected that the DOL will cease processing PERM labor certifications, prevailing wage determinations, and other immigration-related benefits. We have received confirmation that DOL investigations, including those related to I-9 and labor condition application (LCA) violations would cease during any shutdown.

U.S. Department of State: No Visa Applications
While the diplomatic and security aspects of the Department of State (DOS) operations would continue, visa applications would likely not be processed in the event of a shutdown. It is anticipated that the consulates will not be open for visa appointments and processing. Thus, depending upon the duration of such an event, individuals could be stranded abroad with no way of obtaining required travel documents. The same is true for the processing of U.S. passports.

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