February 2012 Visa Bulletin (EB Numbers)
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01JAN10 | 01JAN10 | C | C |
| 3rd | 22FEB06 | 01DEC04 | 15AUG02 | 22FEB06 | 22FEB06 |
| Other Workers | 22FEB06 | 22APR03 | 15AUG02 | 22FEB06 | 22FEB06 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Targeted Employment Areas/ Regional Centers and Pilot Programs | C | C | C | C | C |
January 2012 Visa Bulletin (EB Numbers)
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01JAN09 | 01JAN09 | C | C |
| 3rd | 01FEB06 | 15OCT04 | 08AUG02 | 01FEB06 | 01FEB06 |
| Other Workers | 01FEB06 | 22APR03 | 01AUG02 | 01FEB06 | 01FEB06 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Targeted Employment Areas/ Regional Centers and Pilot Programs | C | C | C | C | C |
Update on USCIS Mailing I-797 Approval Notices
We have been informed by USCIS through AILA that attorneys have started receiving I-797 approval notices and that petitioners will be receiving courtesy copies of the approval notices. As of yesterday, our office started receiving original I-797 approval notices. A welcome sign again after that temporary fiasco of “switch” in the process couple of months ago.
December 2011 Visa Bulletin (EB Numbers)
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 15MAR08 | 15MAR08 | C | C |
| 3rd | 15JAN06 | 08SEP04 | 01AUG02 | 15JAN06 | 15JAN06 |
| Other Workers | 01JAN06 | 22APR03 | 22JUL02 | 01JAN06 | 01JAN06 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Targeted Employment Areas/ Regional Centers and Pilot Programs |
C | C | C | C | C |
Blanket L Visa Applications Only at U.S. Consulate Chennai, India from Dec 1, 2011
U.S. Consulate General in Chennai states that starting December 1, it will be the U.S. Mission to India’s sole blanket L category visa acceptance and processing center (“blanket” L visas are issued to managers, executives, or specialized knowledge professionals transferring within their company). Companies throughout India will be requested to send blanket L applicants exclusively to Chennai for visa interviews. The L1B and L1A categories include specialized knowledge professionals, executives and managers transferring to the United States.
The Consulate further states that this change is in order to streamline the blanket L visa issuance process, and is part of the U.S. Government’s ongoing effort to provide efficient visa services throughout India. It does not affect the spouses and children of L1 visa holders – they and individual L1B and L1A visa applicants may still be processed at any U.S. Consular section in India.
H-1B U.S. Masters Cap Reached
The U.S. Citizenship and Immigration Services (“USCIS”) announced that as of October 21, 2011, it has received sufficient number of petitions in the H-1B U.S. Masters cap of 20,000 for the fiscal year 2012. The USCIS also announced that it has received 46,200 petitions in the H-1B regular cap of 65,000. Thus, it will continue accepting H-1B petitions in the regular cap.
Here are a few things to note:
–H-1B petitions will continue to be accepted under the regular cap until the USCIS receives 65,000 petitions.
–Even the U.S. Masters or higher degree holders could have their petitions filed in the regular cap.
–Individuals that were counted in an H-1B cap in the past six years will not be subject to the present cap. In other words, they are exempt from the current H-1B cap.
–H-1B change of employer petitions or extensions are not subject to cap and are therefore exempt.
–H-1B petitions by non-profit research institutions are exempt as well.
–Australian passport holders may obtain E-3 visa (equivalent to H-1B) but a separate cap with 10,000 visas.
–Singapore or Chile passport holders may apply under a separate H-1B1 visa category that is set aside each year (6,800 visas).
Few more things:
–Between October 14, 2011 and October 21, 2011, USCIS received 3,900 petitions in the regular cap. This is a big jump indicating that visa numbers are getting exhausted much faster than expected.
–Given that US Masters Cap is now exhausted, there will be a significant spillover of those petitions into the regular cap, thereby making the regular cap exhaust even faster.
–Once the regular cap reaches, the USCIS will not accept H-1B petitions until April 1, 2012. Moreover, individuals whose petitions are filed in the next year’s cap (i.e. April 1, 2012 or after) cannot commence employment until October 1, 2012.
We therefore recommend that employers planning to file H-1B petitions in the current H-1B cap do so as quickly as possible.
USCIS Reverses the Failed Policy on Handling of I-797 Receipt and Approval Notices
Pursuant to the blog post from October 2 (below) about the troublesome USCIS policy of mailing the original receipts and approval notices to the clients directly, given the intense criticism of the policy from various corners, on October 20th the USCIS announced that it is reversing its new policy. In about six weeks, i.e. around December 1st, the original receipt notices and approval notices will again start to be mailed directly to attorneys. Clients will received courtesy copies. This is a welcome sign for us given that there have been reports of missing Request For Evidence notices (RFEs), lost receipt notices, etc.
ICE Deported Nearly 400,000 Individuals in the Past One Year
U.S. Immigration and Customs Enforcement (ICE) Director John Morton today announced the agency’s fiscal year 2011 year-end removal numbers. In fiscal year 2011, ICE’s Office of Enforcement and Removal Operations removed 396,906 individuals — the largest number in the agency’s history. Of these, nearly 55 percent or 216,698 of the people removed were convicted of felonies or misdemeanors — an 89 percent increase in the removal of criminals since FY 2008. This includes 1,119 aliens convicted of homicide; 5,848 aliens convicted of sexual offenses; 44,653 aliens convicted of drug related crimes; and 35,927 aliens convicted of driving under the influence. ICE achieved similar results with regard to other categories prioritized for removal. Ninety percent of all ICE’s removals fell into a priority category and more than two-thirds of the other removals in 2011 were either recent border crossers or repeat immigration violators. Secretary Napolitano has directed ICE to focus its resources as effectively as possible on key priorities. This includes expanding the use and frequency of investigations and programs like Secure Communities and Operation Cross Check, that target criminal aliens; working closely with CBP to remove recent border crossers; and focusing on repeat violators of immigration laws and immigration fugitives.
For more information on this, please visit http://www.ice.gov
