Green Cards

The US Department of Labor tags a case once it is certified, denied, withdrawn or denied or certified-expired (they expire 6 months after approval so file your I-140 within that 6 months).  Trackitt posts statistics about DOL here:  http://stats.trackitt.com/

The latest update on PERM processing time as of June 1, 2015 is as follows:

The Visa Bulletin for September 2014 moved forward.  Big news for many.  Some of our clients want to know if they will indeed receive their green card next month, if their I-485 has been pending.  The things to know or consider are the following:

1. Your spot in line will open (check the Visa Bulletin here http://travel.state.gov/content/visas/english/law-and-policy/bulletin/2014/visa-bulletin-for-september-2014.html ).

    

2. The number of applications filed and pending is large.  Will US CIS be able to process and spit out Approval Notice for everyone who deserves it?  We assume they will.  Nonetheless, here is the chart of employment-based I-485 applications pending at CIS  -- sorted by month/year: http://www.uscis.gov/sites/default/files/EB-I-485-Pending-Inventory-July2014.pdf

    

3. Item #2 brings up another good point: Did your Medical RFE Response and/or employment RFE that was mailed back (in response the mass-RFE’s issued in June 2014) meet up with the filing on time. In other words, will is your file re-reviewed, finalized and tagged to simply need the issuance of an Approval Notice? … or does it require yet another look by an officer? 

    

4. And not least, US CIS will be ready to issue an approval of your Adjustment of Status, so make sure your address is current with CIS! See the CIS cite link about retrogressed visas pending adjudication: http://www.uscis.gov/green-card/green-card-processes-and-procedures/visa-availability-priority-dates/visa-retrogression.

We hope that things have gone smoothly on your case and it is queued for approval now.  No way to be sure until the moment of potential approval comes and goes starting Sept 1st (when approval notices start getting issued) and near the end of October (when all mail has surely arrived and the lack of approval would also be telling).

Question: My green card (Employment based) was approved in September 2010, and since then I have not travelled outside US. But after 4 months from now, I have a need to be in India for 8-10 months to oversee medical treatment of my aged parents. I am planning to apply for re-entry permit and once my permit comes through, I will travel to India. Now my questions are:

1) If I return to US after 10 months of departure with a valid re-entry permit, will the counter for 5 years towards naturalization be re-set? Means, will I lose 1.5 years of stay in US and my 5 years will count from the day I return to US after 10 months?

2) If I don’t lose this 1.5 years, will that be an issue at the time of citizenship?

3) What documents are required at the time of interview for citizenship?

I-9 Compliance Services and SSNs
With our I-9 Compliance services, we help US and international companies on US soil with their Workforce compliance systems. Our job is to interpret the I-9 Work Authorization laws, anticipate fines and discrimination pitfalls, teach methods for compliance, prepare for government audits and partner in visa matters during the hire of non-US workers. Clients request our legal services at several junctures: 

• Organizing I-9s in-house
• Learning how to complete an I-9
• Determining if E-Verify is for a company, with consideration for FAR (federal acquisition contract clause)
• Dealing with SSA No-Match letters
• Getting a Notice of Inspection (NOI) from the government for an “I-9 Audit”
• Doing an Internal I-9 Self-Audit to assess potential fines in system as is, clean up I-9 files

On October 5, 2011, the House Committee on the Judiciary, Subcommittee on Immigration Policy and Enforcement held a hearing  to discuss whether the U.S. should reform its immigration policies to retain more foreign graduates of American universities’ advanced degree programs in the “STEM” fields of science, technology, engineering and math.    

Inside Higher Ed’s article, “Reverse Brain Drain,” provides coverage of the hearing:  
...foreign students are dramatically outpacing their American counterparts in the STEM fields.  In 2009, half to two-thirds of all Ph.D.s in related fields and almost half of all engineering and computer science master’s degrees awarded by American colleges were earned by foreign students...
Because only 140,000 total employment-based immigrant visas are available each year, with only 7% of that number available to each country, the United States is not absorbing these foreign graduates into its workforce.  Backlogs have grown to the point that some green card seekers could spend a lifetime waiting for permanent residency.  According to the article:

UPDATE:  F, M, J Visa Issuance Has Resumed!

"Effective immediately, in order to ensure maximum data integrity and consistency, DoS has temporarily halted the issuance of ALL F, M and J visas at all U.S. Embassies and Consulates."

"SEVP plans to circulate additional broadcast messages upon receipt of any updates or changes regarding this issue."

This message impacts anyone seeking an F-1 (academic student); M-1 (vocational student); or J-1 (exchange visitor) temporary visa from a U.S. Consulate or Embassy located outside of the United States.

Many of our readers are working in the United States pursuant to H-1B status, and have established their place in the green card line, by having an approved labor certification (PERM) application, and I-140 petition for immigrant worker.

Immigration lawyers around the United States welcomed the Administration's recent announcement that younger immigrants may be eligible for "Deferred Action" and work authorization. The policy will grant qualified immigrants the opportunity to live free from fear of deportation and allow them to work legally. This exciting new development brings hope to immigrants and their families. It is not currently a path to a Green Card or Citizenship, nor does it grant permanent legal status to anyone. It will also not extend to family members – everyone must qualify on his or her own.

Update: There is no news on H.R. 3012, the High Skilled Immigrants Act, which was put on hold by Senator Charles Grassley (R-IA).  But even without H.R. 3012, the January 2012 Visa Bulletin showed the China and India EB-2 category (for aliens with advanced degrees or equivalent, or in the national interest (NIW) advancing more than 9 months from 3/15/08 to 1/1/2009.  This rapid advancement demonstrates that demand for green cards amongst advanced degree professionals from countries other than India and China is decreasing, so unused green cards are being granted to those seeking immigration from China/India.  

More on H.R. 3012.  On 12/15/11, in order to release his hold, Senator Grassley offered an amendment that would make dramatic changes to the bill including elimination of family per country limit increase and reducing the employment based per country limit to 15%.  The amendment would also eliminate the diversity visa program and add provisions that would increase enforcement and U.S. worker protections to the H-1B and L-1 visa programs.

Agency focuses on fully realizing the job-creating potential of current immigration law

Released October 11, 2011

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas joined the President’s Council on Jobs and Competitiveness in Pittsburgh to announce “Entrepreneurs in Residence.” This new innovative initiative will utilize industry expertise to strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs and workers with specialized skills, knowledge, or abilities. Mayorkas announced the initiative at the Jobs Council’s High Growth Entrepreneurship Listening and Action Session at AlphaLab in Pittsburgh before the Council’s quarterly meeting with President Obama.

The U.S. Department of State has published instructions relating to its upcoming Diversity Visa (Green Card) Lottery for the 2013 fiscal year. For DV-2013, natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the United States in the previous five years:

Bangladesh, Brazil, Canada, China (mainland-born), Columbia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haita, India, Jamaica, Mexico, Pakistan, Peru, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.