The USCIS has announced the priority dates for Employment and Family Immigration visas for the month of October, the first month of new fiscal year 2013. As many people had hoped for NIW employment-based immigration to be current, the cutoff date has moved to January 1st, 2012. While on August 30th, 2012, Charlie Oppenheim of the Department of State’s Visa Office had made a similar announcement.  (….”EB-2 worldwide may go current in October, or it may go to early 2012 and then current in the November Visa Bulletin – a 2 step process. Why the delay? Employment-based numbers move in a fairly predictable usage pattern (unlike family-based cases). As a result, the Visa Office prefers to have a steady usage of EB cases per month. There are expected to be many EB-2 worldwide cases pending or filed in October, and slowing the usage could help predict usage for the rest of the year. A “correction” in EB-2 worldwide towards the latter part of FY2013 could happen (in other words, potentially visa retrogression for EB-2 worldwide and no longer current)”.)  (On September 5th 2012, we had posted this information on our Facebook, http://www.facebook.com/USLawGroup) We can predict everything will be back to normal this November, or this EB-2 Cutoff will be continued, however it’s expected not be long.

DHS has advised AILA that it expects to process the initial group of deferred action for childhood arrival (DACA) requests in four to six months.

The AILA Service Center Operations (SCOPS) liaison committee expressed concern to USCIS regarding the significant delays in adjudicating cap-subject H-1B petitions. SCOPS indicated that adjudication of these cases is a top priority and will be completed as soon as possible.

The Second Circuit held that a Visa Waiver Program (VWP)participant could not contest his/her removal on the basis of an adjustment ofstatus (AOS) application filed after the 90-day period during which a VWPparticipant may stay in the country.

HHS Centers for Medicare & Medicaid Services announced that individuals who qualify for Deferred Action for Childhood Arrivals (DACA) will not be eligible for Medicaid or the Children’s Health Insurance Program.

At the VSC Stakeholder conference on November 7, 2011, representatives from the I-129 and I-539 product lines confirmed that VSC will reject the I-765 application for employment authorization if it is filed more than 120 days prior to the expiration of the current Employment Authorization Document (EAD) (AILA Doc. No. 12011867). Therefore, although the I-129 and I-539 can be filed up to six-months before the current status expires, applicants should wait until the EAD is within 120 days of expiring before filing the I-129, I-539, and I-765 concurrently. The same rule applies if just the I-539 and I-765 are filed separate from the I-129.

In a move that took the nation by surprise, U.S. Secretary Janet Napolitano announced on Friday, June 15 new actions the Obama administration will take to mend the nation’s immigration policy, specifically to make it more fair and just for young people. In a press statement made by the President in the Rose Garden, Obama asked the citizens of our nation to put themselves in the shoes of the young people who have studied hard, worked hard, and led law-abiding lives only to face the threat of deportation for being brought here undocumented by their parents, something that was completely out of their control as children.

The new policy is intended to put these fears at ease by granting those who meet the eligibility criteria deferred action. Deferred action means that even though the individual is undocumented and subject to deportation, the Department of Homeland Security (DHS) agrees to defer any actions to remove them. Deferred action does not confer lawful status upon an individual. However, the individual will be entitled to remain lawfully in the U.S. for increments of two years and obtain employment authorization from the government that entitles him to legally work in the U.S. for that period if he proves “an economic necessity for employment.” Upon the termination of the two-year period, the individual will have to request an extension of his or her employment authorization.

To qualify for deferred action, individuals must satisfy the following criteria:

• Have arrived in the U.S. when they were under the age of sixteen;

• Have continuously resided in the U.S. for at least five years prior to June 15, 2012 and have been present in the U.S. on June 15, 2012;

• Currently be in school, have graduated from high school, have a GED, or be an honorably discharged veteran of the U.S. Coast Guard or the U.S. Armed Forces;

• Not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and

• Have been under thirty-one years old on June 15, 2012.

Individuals must also complete background and biometric checks.

If you think you are interested in applying for deferred action, here are some things to keep in mind:

1. Deferred action is not amnesty nor is it immunity. It also does not create a path to citizenship or lawful permanent resident status.

2. Deferred action does not confer lawful status upon an individual. In addition, although an alien granted deferred action will not be considered to be accruing unlawful presence in the United States during the period deferred action is in effect, deferred action does not absolve individuals of any previous or subsequent periods of unlawful presence.

3. Deferred action can be terminated at any time at the agency’s discretion or renewed by the agency.

4. Grants of deferred action will be issued in increments of two years. At the expiration of the two-year period, the grant of deferred action can be renewed, pending a review of the individual case.

5. If ICE or USCIS denies a request for deferred action, individuals may not appeal the denial.

6. Dependents and other immediate relatives of individuals who receive deferred action will not be eligible to received action. The new process is available only to those who satisfy the eligibility criteria. As a result, the immediate relatives, including dependents, of individuals who receive deferred action pursuant to this process are not eligible to apply for deferred action as part of this process unless they independently satisfy the eligibility criteria.

7. Deferral action will not make a student eligible for federal financial aid. Certain states offer financial aid without regard to immigration status but this is on a state-by-state basis.

8. Deferred action will not make you eligible to join the U.S. military.

9. Deferred action is not a law. It is a policy enacted by the Democratic Executive Branch. This means that if a new president were to take office, he or she could easily revoke the policy. DHS would have biographical information on applicants for deferred action. However, it is unlikely that ICE would allocate many resources to searching for DREAMers.

Please note that you cannot apply for deferred action at this time since USCIS is not yet accepting applications. The application process should be finalized by August 14, 2012. If you are NOT in removal proceedings, DO NOT apply for deferred action at this time and DO NOT turn yourself in. Those currently in removal proceedings will be offered deferred action by Immigration and Customs Enforcement (ICE).

Please, be also careful of con artists and “notarios.” DO NOT give money to anyone promising to get you legal status. Contact a professional immigration lawyer if you have any concerns or questions regarding the new deferred action policy or contact USCIS for more information regarding the policy at their hotline available in English and Spanish at (1-800) 375-5283. In addition, our dedicated and experienced lawyers at US Law Group would be more than happy to give you a free consultation. You can reach us by phone at (847) 297 – 0008 or visit our offices at 1247 N. Milwaukee Ave., Suite 302, Glenview, IL 60025.

If you like would to read more on the deferred action, please consult the links attached at the bottom of this page.

What Can You Do Now?

If you believe you are eligible for deferred action, there are some steps you can take before the process is finalized in August.

A. Background check. Do a background check on yourself. It is important for you and your legal representative to be aware of any and all cases of arrests and convictions. Visit the FBI Criminal Background Check to request a copy of your criminal history record. You should not apply for deferred action without doing a background check even if there is a small chance that you have any sort of criminal record. DHS has yet to make clear what crimes constitute a “significant misdemeanor offense” or “non-significant misdemeanors.” This could be anything involving violence such as assault and driving under the influence of alcohol and drugs to driving without a license. Gang membership and participation in criminal activities could also be used to disqualify someone by falling under a “public safety” threat.

B. Copy relevant documents. Collect any documents that can prove you entered the United States as a child under sixteen and that you have remained continuous in the U.S. between June 15, 2007 and June 15, 2012. These include but are not limited to: financial records, medical records, school records, employment records, and military records. Anything from immunization records to report cards can be used as evidence.

C. Keep yourself informed. Consult a professional lawyer or attend a community education forum in your area to learn more information.

Helpful Links:
http://www.uscis.gov/FAQ
http://www.immigrationpolicy.org/Q&A
http://www.dhs.gov/memorandum
http://www.ice.gov/

The Department of Homeland Security established the final rule regarding the USCIS Fee Schedule. This final rule increases fees by about 10 percent. This establishes three new fees, and increases the premium processing service fee. This will begin on November 23, 2010.

• H-1B Cap Count [FY (fiscal year) 2011]

USCIS updated ithe count of cap-subject H-1B petitions and advanced degree cap-exempt petitions for FY 2011. By of September 24, 2010, about 39,600 H-1B cap-subject petitions and 14,400 H-1B petitions for aliens with advanced degrees were receipted.

• H-2B Cap Count [FY2011]

By September 24, 2010, the 8,387 petitions toward the 33,000 H-2B cap for the first half of the fiscal year were receipted by the USCIS (6,523 approved and 1,864 pending)

USCIS Increases Fees

The USCIS increased fees for applications and petitions for immigrants. Check the USCIS website for exact fees or contact our office for more information.

H-1B Cap Count for Fiscal Year (FY) 2011

The USCIS updated the cap count for H-1B petitions (cap-subject) and advanced degree petitions (cap-exempt). By September 17, 2010, about 38,300 H-1B petitions (cap-subject) were receipted, and about 14,000 H-1B petitions for aliens with advanced degrees were receipted.

H-2B Cap Count for FY 2011

The USCIS updated the count for petitions for the H-2B cap, and by September 17, 2010, 7,727 petitions were receipted toward the 33,000 cap for the first half of the FY.

H-1B Cap Count [for FY2011 (Fiscal Year 2011)]

USCIS updated the cap count for H-1B petitions and advanced degree (cap-exempt) petitions for FY2011. By September 10, 2010, about 37,400 H-1B (cap-subject) petitions were receipted, and 13,700 H-1B petitions for aliens with advanced degrees were receipted

H-2B Cap Count [for FY2011]

By of September 10, 2010, 6,964 petitions (4,835 approved and 2,129 pending) were receipted (toward the 33,000 H-2B cap for the first half of the FY).

USCIS Asks for Input on Current Electronic System

USCIS is asking for input from stakeholders on the change to the electronic system via the internet (currently in use) from the previous paperback system.

Re-Registration for Salvadorans (TPS)

USCIS reiterated that late re-registration is still available for Salvadorans eligible for TPS.

Unacceptable Puerto Rican Birth Certificates and I-9

USCIS released an update for I-9 process with regards to Puerto Rican birth certificates.

H-1B Cap Count

The cap count of H-1B petitions and advanced degree cap-exempt petitions receipted for the FY2011 was updated [which is estimated at about 29,700 H-1B cap-subject petitions and 12,300 H-1B petitions for aliens with advanced degrees by August 13, 2010].

Listening Session

On August 24, 2010, USCIS will host a listening session regarding Lockbox facilities.

Webinar [Spanish]

On August 30, 2010, USCIS will host a webinar in Spanish previewing additions to websites USCIS.gov and USCIS.gov/espanol.

2011 H-1B

By August 6, 2010, the UICIS has receipted 28,500 (cap-subject) petitions for the H-1B, and the USCIS has receipted 11,900 for H-1B for aliens with advanced degrees.

2011 H-2B

By August 6, 2010, the UICIS has receipted 3,201 (including approved and pending) petitions for the 33,000 H-2B cap for the first half of 2011 fiscal year.

Asylum Applicants for CA and AZ

USCIS could not print the Form I-797C, Fingerprint Notification for asylum applicants residing in CA and AZ during July 8, 2010 to August 4, 2010 due technical problems.

USCIS Changes Locations for filing certain Petitions and Applications

Immigrant Petition for Alien Worker [I-140]: This petition needs to be filed with Dallas Lockbox with the new form (June 14,2010).

Petition for Alien Relative [I-130]: This petition for those residing in Canada needs to be filed with the Chicago Lockbox with the new form.

Petition for Alien Fiance(e) [1-129F]: This petition needs to be filed with the Dallas Lockbox beginning on August 3, 2010.

Application to Extend/Change Nonimmigrant Status [I-539]: This application needs to be filed with the Dallas Lockbox beginning on August 3, 2010.

Immigrant Petition by Alien Entrepreneur [I-526]: This petitions must be filed with the Dallas Lockbox with the new form.

Application for Family Unity Benefits [I-817]: This application must be filed with the Dallas Lockbox when filing under IMMACT90 Section 301 with the new form (April 21, 2010), and with the Chicago Lockbox when filing under the LIFE Act Section 1504.

Listening Session Regarding Lockbox

Stake holders are invited to a listening section on August 24, 2010 about processing at Lockbox facilities.

FY2011 H-1B Cap Count

The FY2011 cap-subject H-1B petitions and advanced degree cap-exempt petitions receipted were updated. Up to July 30, 2010, about 27,300 H-1B cap-subject petitions were receipted, and about 11,600 H-1B petitions for aliens with advanced degrees were receipted.

FY2011 H-2B Cap Count

Up to July 30, 2010, 3,116 H-2B petitions (including both approved and pending petitions), toward the 33,000 H-2B cap amount for the first half of the fiscal year were receipted by the USCIS.

USCIS Changes Payment Methods at Domestic Offices

Starting October 1, 2010, the domestic offices as well as American territories will not accept cash. They will, however, accept check, credit card, and money order.

H-1B Cap Count

Up to July 23, 2010, about 26,000 H-1B (cap-subject) petitions have been receipted. Also, about 11,300 H-1B petitions (aliens with advanced degrees) have been receipted.

2010 H-2B Cap Count

Up to July 23, 2010, 30,640 petitions for H-2B (counting those approved as well as pending) were receipted. This counts toward the target of 47,000 beneficiaries target (number that reaches the cap and passes the actual cap) for the second half of this fiscal year.

Proposed Fee Waiver

USCIS published a groundbreaking suggestion for a standardized fee waiver form (Form I-912, Request for Individual Fee Waiver) for financially underprivileged persons. Comments on this proposal can be made by September 13, 2010.

Explanation of “O” Petition Validity Period

USCIS provided guidance for adjudicating and processing Form I-129 [filed for O non-immigrants] specifically dealing with acceptable validity period of a petition when there is a break between two or more events listed in the itinerary.

H-1B Cap Count and H-2B Cap Count

USCIS updated the number of FY2011 H-1B petitions (cap-subject) and advanced degree petitions (cap-exempt) that were receipted. By July 16, 2010, about 25,300 H-1B petitions (cap-subject) were receipted. Furthermore, 11,000 H-1B petitions for aliens with advanced degrees were receipted.

By 16, 2010, USCIS receipted 30,154 H-2B petitions (which includes approved and pending petitions), toward the target number of 47,000 beneficiaries for the second half of FY2010. “Beneficiaries target” is the approximated number of petitions needed to reach the cap (it is higher than the actual cap).

Invite to Listening Session regarding Lockbox

USCIS is inviting stakeholders to a listening session on processing at the USCIS lockbox facilities on August 24, 2010.

Invite to Teleconference for H-2A Stakeholders

USCIS is inviting stakeholders to a teleconference on July 27, 2010 regarding the H-2A nonimmigrant classification, as well as the regulation obligations pertaining to the the ban on passing recruitment-related fees and costs on to H-2A workers.

HRIFA

USCIS updated its site regarding Haitian Refugee Immigration Fairness Act (HRIFA) and the dependent children, which includes requests for advance parole and adjustment of status applications.