EB-2 numbers retorgress for "everybody else"

Continued heavy demand for numbers in the Employment Second preference category has required the establishment of a Worldwide cut-off date for the month of July. This action has been taken in an effort to hold number use within the annual numerical limit. Should there be an increase in the current demand pattern, it may be necessary to make this category completely “unavailable” prior to September 30, 2012. The China and India Employment Second preference categories are already “unavailable”, and will remain so for the remainder of the fiscal year. contact us to find ways around this.. if possible

US Naturalized Citizen of the Day- Salma Hayek

The amazing Salma Hayek was born on September 2, 1966, in of Coatzacoalcos, Mexico. Robert Rodriguez and his producer wife Elizabeth Avellan happened to be watching and were immediately smitten with the intelligent, opinionated young woman. He soon gave her her big break--to star opposite Antonio Banderas in the now cult classic Desperado (1995), which put her on Hollywood's map. The moviegoers proved to be as dazzled with Hayek as he had been. After her break, she was cast again by Rodriguez to star in his From Dusk Till Dawn (1996). Although her vampy role opposite George Clooney and Quentin Tarantino was a small one, it was a good credit to her box office name. Hayek's first star billing came later that year with Fools Rush In (1997) opposite "Friends" (1994) actor Matthew Perry. The film was a modest hit, and Hayek continued to rise her star in both commercial and artistic films such as: Breaking Up (1997) with an unknown Russell Crowe; 54 (1998) about the rise and fall of the legendary New York club; Dogma (1999), playing the muse in a somewhat odd comedy co-starring Matt Damon and Chris Rock; In the Time of the Butterflies (2001) (TV), the small artistic film which won Hayek an ALMA award as best actress; and the 1999 summer blockbuster Wild Wild West (1999). Her production company "Ventanarosa" produced the 1999 Mexican feature film No One Writes to the Colonel (1999), which was shown at the Cannes Film Festival and selected as Mexico's official Oscar entry for best foreign film.

Updated h-1b count 2012

May 18, 2012 H-1B Cap Count (Updated 5/22/12) USCIS updated its count of FY2013 cap-subject H-1B petitions & advanced degree cap-exempt petitions receipted. As of 5/18/12, nearly 42,000 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 16,000 H-1B petitions for aliens with advanced degrees.

MLB player obtains a non immigrant waiver

Juan Carlos Oviedo has received a pardon from the U.S. State Department for admitting to falsifying his identity and is expected to secure a work visa soon. A newspaper in the Dominican Republic reported earlier that Oviedo had already acquired his visa, but that won't happen for another couple of days. The 28-year-old right-hander (formerly named Leo Nunez) will then have to serve an eight-week suspension handed down from Major League Baseball.

Congress restricts VAWA

WASHINGTON, DC - Today one branch of Congress voted to undo nearly two decades of bi-partisan commitment to the protection of victims of domestic violence, human trafficking, and sexual assault. In passing H.R. 4970, the Violence Against Women Reauthorization Act of 2012 (VAWA) (Adams, R-FL), the U.S. House of Representatives aims to eviscerate protections created by VAWA to ensure that battered immigrants are not further exploited by their abusers. "This is a sad and frightening day for girls who have been raped, spouses who are trapped in abusive relationships, and all other immigrant victims of violence," said AILA President Eleanor Pelta. "As an attorney, how do I tell a battered woman that she should cooperate with the prosecution of her batterer but that she will likely get deported as a result?" Pelta continued, referring to a particularly harsh provision in H.R. 4970. The U visa is available for victims of specific crimes who cooperate in the investigation or prosecution of the persons charged with the criminal activity. The provision in H.R. 4970 makes U visa protection merely temporary in almost all cases and takes away the protections a victim can receive by applying for a green card. "When reporting a crime will ultimately end in deportation, victims of crimes will not go to the police. That makes no sense. This bill makes no sense," Pelta said. H.R. 4970 also establishes an extremely onerous adjudication process for victims to be granted self-petition under VAWA. "Why would we require two investigators, two interviews, and two different USCIS offices to review the application of an abused spouse? Nowhere else in our immigration law do we require such scrutiny of an applicant," said Pelta. "This process adds insult to injury for victims of abuse and creates administrative burdens for DHS adjudicators. It's a waste of government resources." "Allegations of widespread fraud in VAWA programs are wholly unfounded," continued Pelta. "For every isolated incident of fraud, VAWA has saved thousands of lives by protecting victims. Moreover, DHS officials already screen cases with a high level of scrutiny. Adding more interviews or evidentiary checks goes far beyond what we require in any other area of law." When Congress enacted VAWA in 1994 and reauthorized it twice in 2000 and 2005, it recognized that the noncitizen status of battered immigrants can make them particularly vulnerable. Abusers often exploit their victims' undocumented status, leaving the victim afraid to report the abuse to law enforcement and making them fearful of assisting with the prosecution of these crimes. "AILA calls upon both chambers of Congress to enact a bi-partisan bill that retains the vital protections for battered immigrants that have functioned effectively for years. We recommend taking up the Senate's bill S. 1925 and scrapping the House bill," said Pelta.

Facebook co-founder renounces us citizenship

From Mashable's Chris Taylor Facebook co-founder Eduardo Saverin, whom you may remember portrayed as the disgruntled friend of Mark Zuckerberg’s who smashes his laptop in The Social Network, has officially renounced his U.S. citizenship — and joined the tiny nation of Singapore. As first reported by Bloomberg, Saverin’s name is on a Federal register called the Quarterly Publication of Individuals Who Have Chosen to Repatriate. That means he renounced citizenship before April 30, according to the IRS. “Eduardo recently found it more practical to become a resident of Singapore since he plans to live there for an indefinite period of time,” Saverin’s spokesman told Bloomberg in an email. He said the switch happened “around September.” Why do it? One word: taxes. With Facebook’s IPO approaching, the 30-year-old Saverin stands to become a very rich man indeed. He owns around 4% of a company that is set to be valued in the range of $100 billion. (And that’s his share after it was diluted by Zuckerberg and Co, which was the reason for that smashed laptop.) The high-tech Asian powerhouse of Singapore isn’t just a nice place to settle — it also doesn’t have any capital gains tax. Saverin will still have to give some cash to Uncle Sam in the form of an exit tax, which looks at potential capital gains on stock that hasn’t been sold.

More on Retrogression

AILA Liaison received the following information from the Department of State regarding the recent priority date movement for China-mainland born and India EB-2 categories, as well as information on projections for visa availability in the EB-1 and EB-2 preference categories. The following information will be included in the June 2012 Visa Bulletin, which should be posted soon. D. CHINA-MAINLAND AND INDIA EMPLOYMENT SECOND PREFERENCE CATEGORY IS_UNAVAILABLE Despite the retrogression of the China and India Employment Second preference cut-off date to August 15, 2007, demand for numbers by applicants with priority dates earlier than that date remained excessive. Such demand is primarily based on cases which had originally been filed with the U.S. Citizenship and Immigration Services (USCIS) for adjustment of status in the Employment Third preference category, and are now eligible to be upgraded to Employment Second preference status. The potential amount of such "upgrade" demand is not currently being reported, but it was evident that the continued availability of Employment Second preference numbers for countries other than China and India was being jeopardized. Therefore, it was necessary to make the China and India Employment Second preference category "Unavailable" in early April, and it will remain so for the remainder of FY-2012. Numbers will once again be available for China and India Employment Second preference cases beginning October 1, 2012 under the FY-2013 annual numerical limitations. Every effort will be made to return the China and India Employment Second preference cut-off date to the May 1, 2010 date which had been reached in April 2012. Readers should be advised that it is impossible to accurately estimate how long that may take, but current indications are that it would definitely not occur before spring 2013. USCIS has indicated that it will continue accepting China and India Employment Second preference I-485 filings during May, based on the originally announced May cut-off date. E. EMPLOYMENT FIRST AND SECOND PREFERENCE VISA AVAILABILITY Item F of the May Visa Bulletin (number 44) provided projections regarding visa availability in the coming months. Information received from the USCIS after the publication of that item requires an update in the projections for the Employment First and Second preference categories. Employment First: Based on the current rate of demand, it may be necessary to establish a cut-off date at the end of the fiscal year in an effort to limit number use within the annual numerical limit. Employment Second: Based on the current rate of demand, it may be necessary to establish a cut-off date for this category for all countries other than China and India. Such action may be required at any time during the next few months. Please be advised that the above are only estimates for what could happen during the next few months based on applicant demand patterns experienced in recent months.

Randy Quaid seeks asylum in Canada

Just found this story.. very interesting U.S. actor Randy Quaid and his wife Evi are seeking refugee status in Canada, telling an Immigration and Refugee Board hearing in Vancouver that they fear for their lives in the U.S. The Quaids told the hearing Friday that eight of their close friends had been killed in recent years and they now felt endangered themselves. Evi Quaid said friends such as actors David Carradine and Heath Ledger were "murdered" under mysterious circumstances and she's worried something will happen to her husband. "We feel our lives are in danger," she said. "Randy has known eight close friends murdered in odd, strange manners ... We feel that we're next." Ledger was nominated for an Oscar for his lead role in the movie Brokeback Mountain. He died in January 2008 from an accidental overdose.

Retrogression is official

Charlie Oppenheim, Chief of Visa Control at the State Department, has confirmed that, effective March 23, 2012, no further EB-2 visas will be authorized for China-mainland born and India applicants with priority dates of August 15, 2007, or later. Visa applicants processing in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established. Mr. Oppenheim understands that USCIS will contine to receive and process applications for adjustment of status for aliens with priority dates prior to the date established in the April 2012 Visa Bulletin, and those cases with priority dates of August 15, 2007, or later, will be forwarded to and held by Visa Control at DOS in a "pending" file until new visas are available beginning with FY2013 on October 1, 2012. Mr. Oppenheim advises that an item in the May Visa Bulletin will address the EB-2 movement.

ICE arrests form NBA palyer

A former National Basketball Association (NBA) player and member of the Puerto Rico basketball national team for several years, was sentenced in federal court Thursday to six months in prison, nine months in a drug rehabilitation facility and four years of supervised release following an investigation by U.S. Immigration and Customs Enforcement's (ICE) Homeland Security Investigations (HSI).
U.S. Judge Carmen C. Cerezo sentenced Jose Ortiz-Rijos, aka Piculin Ortiz, for knowingly and intentionally possessing, with the intent to distribute, 218 marihuana plants. Ortiz-Rijos had previously pleaded guilty Nov. 4, 2011.

US naturalized Citizen of the Day

Today's newest voter is not only a client, but someone I consider a friend. Congrats GAURI!!!

TPS for Syria

SUMMARY: Through this notice, the Department of Homeland Security (DHS) announces that the Secretary of Homeland Security (Secretary) has designated the Syrian Arab Republic (Syria) for Temporary Protected Status (TPS) for a period of 18 months, effective March 29, 2012 through September 30, 2013. Under section 244(b)(1) of the Immigration and Nationality Act (Act), 8 U.S.C. 1254a(b)(1), the Secretary is authorized to grant TPS to eligible nationals of designated foreign states or parts of such states (or to eligible aliens having no nationality who last habitually resided in such states) upon finding that such states are experiencing an ongoing armed conflict, an environmental disaster, or extraordinary and temporary conditions that prevent nationals from returning in safety.

This designation allows eligible Syrian nationals (and aliens having no nationality who last habitually resided in Syria) who have both continuously resided in and been continuously physically present in the United States since March 29, 2012 to be granted TPS. This notice also describes the other eligibility criteria applicants must meet.

Individuals who believe they may qualify for TPS under this designation may apply within the 180-day registration period that begins on March 29, 2012. They may also apply for Employment Authorization Documents (EADs) and for travel authorization. In this notice, DHS also sets forth the procedures for nationals of Syria (or aliens having no nationality who last habitually resided in Syria) to apply for TPS and EADs with U.S. Citizenship and Immigration Services (USCIS).

DATES: This designation of Syria for TPS is effective on March 29, 2012 and will remain in effect through September 30, 2013. The 180-day registration period for eligible individuals to submit TPS applications begins March 29, 2012, and will remain in effect through September 30, 2013.

FOR FURTHER INFORMATION CONTACT:
For further information on TPS, including guidance on the application process and additional information on eligibility, please visit the USCIS TPS Web page at http://www.uscis.gov/tps. You can find specific information about this designation of Syria for TPS by selecting ``TPS Designated Country--Syria'' from the menu on the left of the TPS Web page.

TPS announced for Syria

Secretary Napolitano announced that Temporary Protected Status (TPS) will be extended to eligible Syrian nationals as of March 29, 2012. Please join USCIS officials in a discussion about TPS and other relief measures available to Syrian nationals in the United States.
While we welcome the participation of all interested stakeholders, we are particularly interested in hearing from those who engage frequently with the Syrian community in the United States in order to share information about the TPS registration process and respond to questions or concerns you may have.

H-1bs season ready to go

U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2013 cap on Monday April 2, 2012. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee. USCIS will not rely upon the date that the petition is postmarked.

The congressionally mandated numerical limitation on H-1B petitions for FY 2013 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the fiscal year cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If the number of applications received exceeds the numerical cap, USCIS will randomly select the number of petitions required to reach the numerical limit from the pool of petitions received on the final receipt date. USCIS will reject cap-subject petitions that are not selected, as well as those received after the final receipt date.
Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at institutions of higher education or related or affiliated nonprofit entities, nonprofit research organizations or governmental research organizations. Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Mariana Islands are exempt from the cap until December 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories seeking work dates starting in FY 2012.
Petitions filed on behalf of current H-1B workers who have been counted previously against the cap also do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process FY 2012 petitions filed to:
   
extend the amount of time a current H-1B worker may remain in the United States; change the terms of employment for current H-1B workers; allow current H-1B workers to change employers; or allow current H-1B workers to work concurrently in a second H-1B position.
H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions to avoid delays in processing and requests for evidence. USCIS has developed detailed information, including a processing worksheet, to assist in the completion and submission of FY 2013 H-1B petitions.

India and China visas to retrogress again

On March 16, 2012, at the AILA Midwest Regional Conference in Chicago, Charlie Oppenheim, Chief, Visa Control and Reporting at DOS, informed participants that he will likely retrogress India and China-mainland born Employment-Based Second Preference priority dates to around August 2007, effective with either the May or June 2012 Visa Bulletin. He also advised that he projects that all EB-1 visas available in FY2012 will be used this year, resulting in no "spilldown" to EB-2.