Monthly Immigration Newsletter - the Law Office of Jocelyne J. Kim Lew, APC

Immigration Seminars

The Law Office of Jocelyne J. Kim Lew, APC, will be hosting Immigration Seminars for individuals on a quarterly basis beginning August 2009. The first seminar scheduled for Wednesday August 19th will be presented by Jocelyne J. Kim Lew; she will provide an overview of the process to pursue permanent residence through the PERM process with an emphasis on the impact of visa number (un)availability. The cost of the seminar will be $20 for existing clients and $40 for others. Advance registration will be required as seating is limited. Details for registration will be posted on July 20th.
A two hour Immigration Seminar will also be hosted for HR Representatives in August 2009. This seminar is planned to be the first of a series of seminars to be held twice a year: August and February. The first seminar scheduled for Thursday August 20th will be presented by Jocelyne J. Kim Lew; she will provide an overview of temporary work visas and the process for employees to pursue permanent residence through the PERM process. Although this first seminar will be free, advance registration will be required as seating is limited. Details for registration will be posted on July 21st.

More than 20,000 H-1B cap numbers still available

USCIS reported on 06-30-2009, that more tha 20,000 H-1B cap visa numbers were still available. More specifically, as of 06-26-2009, a total of 44,800 H-1B cap subject petitions had been filed.

USCIS Updates

USCIS is re-engineering the H-1B application process for April 2010 filings. Potential H-1B petitioners may only need to file a petition online with limited information. If the petition is selected, then the remaining forms and full documentation would be submitted.

The Nebraska and Texas Service Centers are pre-adjudicating adjustment of status cases, so that when a visa number is available, the case can be adjudicated. As of May 30, 2009, USCIS pre-adjudicated 110,000 employment-based adjustment cases awaiting visa numbers.

USCIS is in the process of introducing a new I-551 card (“green card”) and they are updating equipment for the enhanced features. As a result, there is a delay in issuing I-551 cards. Field offices are being authorized to issue temporary I-551 stamps in family based cases at the conclusion of interviews when the case is approved. Employment-based I-551s are being issued first as these individual are not generally interviewed. Employment-based immigrants may obtain a temporary stamp by making an InfoPass appointment at the local USCIS office.

USCIS explains H-1B numbers

On 06-10-2009, USCIS provided an explanation why H-1B visa number usage had decreased. On 05-22-2009, USCIS had reported that 47,700 H-1B visa petitions had been counted against the “regular” cap. However, on 05-29-2009, the usage had dropped to 45,800 and then again a further drop to 44,400 was reported on 06-05-2009. The reduction in the H-1B count has been the result of adding back H-1B visa numbers for cap cases which have been denied, revoked or withdrawn. USCIS also reported that H-1B cap filings have been “trickling in” and that the caps for both Master’s and Regular H-1B filings remain open.

USCIS Resumes Premium Processing for I-140s

USCIS has announced that as of June 29, 2009, it will resume Premium Processing of I-140s for certain categories. Premium Processing will be available for the following categories:

EB-1 Extraordinary Ability;
EB-1 Outstanding Professors and Researchers;
EB-2 Members of Professions with Advanced Degrees or Exceptional Ability (not applicable to National Waiver);
EB-3 Professionals;
EB-3 Skilled Workers; and
EB-3 Workers other than Skilled workers and Professionals.

Premium Processing Service is not available for:

EB-1 Multinational Executives and Managers; nor
EB-2 Members of Professions with Advanced Degrees or Exceptional Ability seeking a National Interest Waiver.

Under the Premium Processing Service, USCIS guarantees that for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation within 15 calendar days of receipt.

DOL Updates

DOL has provided statistics regarding PERM Processing: about 58,000 applications are currently pending. Of these, 54% are under final review, 38% are in audits, 6% are on appeal, and the remainder is awaiting business existence checks or other. Current statistics regarding supervised recruitment are as follows: 25% of the cases were withdrawn after supervised recruitment was ordered, about 45% have been denied, about 11% have been certified and about 20% are pending. DOL advised that if a PERM application was filed one year earlier than announced processing times and has not received an audit, approval, or denial, an email inquiry may be sent to DOL.

Biometrics for Reentry Permit Applications

The Nebraska Service Center (NSC) recently announced that Re-Entry Permit Applications are being denied where the applicant’s biometrics /fingerprinting have not been taken within 120 days of filing. Applicants must appear for biometrics by their appointment date or request rescheduling prior to their appointment date. The Application Support Centers (ASCs), where the fingerprints are taken, are not able to reschedule applicants who request dates out further than 30 days. Applicants who request more than 30 days will receive only up to 30 days. Applicants, who go overseas without completing the initial biometrics appointment and who do not timely file a request for their biometrics to be rescheduled, will likely face a denial. Applicants, who do not follow up on their reschedule request with the ASC to ensure they are actually rescheduled, will likely also face denial, regardless of any evidence of a timely attempt to reschedule. Applicants, who ask for rescheduling several times and never complete the biometrics within 120 days of the initial filing date, will also face a denial. NSC reviews all applications up front, upon date entry, for the departure date of the applicant, and makes every attempt to schedule an appointment date prior to the applicant’s departure.

DOS Updates on Employment Visa Numbers

Mr. Charles Oppenheim of the Department of State (DOS) Visa Office has made the following predictions concerning the movement of Employment Based (EB) priority dates for the remainder of Fiscal Year 2009 and beyond:

* EB fourth preference including religious workers and other special immigrants while current in June 2009, could require the establishment of a cut-off date later this summer due to a surge in usage of these numbers.
* EB fifth preference (immigrant investors) is current, however a surge in usage is now being seen.
* EB first preference worldwide will remain current for the rest of the fiscal year, however demand is high.
* EB first preference for India and China is current for the month of July 2009, however a cut-off date may occur in August or September 2009.
* EB second preference for India may become unavailable in August or September 2009. Without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
* EB second preference for China may become unavailable in August or September 2009. Without legislative relief, the waiting time for China born applicants may also be many years.
* EB third preference worldwide will be unavailable the remainder of this fiscal year. It is estimated that as of October 1, 2009, this category’s cut-off date may be March 1, 2003. There will be extended delays in this category.
* EB third preference for India, China and Mexico will be unavailable for the remainder of the fiscal year. It is estimated that as of October 1, 2009, the following cut-off dates may be established: China – March 1, 2003; India – November 1, 2001, and Mexico – March 1, 2003.

DOS estimates that there are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the DOS awaiting visa numbers. There could be 50,000 employment-based applicants on the waiting lists for consular processing. Currently, almost 90% of all employment-based visa numbers are used by USCIS.

USCIS REMINDS APPLICANTS FOR ADJUSTMENT OF STATUS TO OBTAIN ADVANCE PAROLE BEFORE TRAVELING ABROAD

USCIS reminds everyone with a pending application for adjustment of status to lawful permanent resident (I-485) that an Advance Parole Document is needed before traveling internationally. Advance Parole is permission to reenter the United States after traveling abroad. By law, certain individuals must apply for this travel document and have advance parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since an individual requiring advance parole may be unable to return to the United States and a pending application may be denied or administratively closed. An applicant planning to travel abroad should plan ahead to anticipate processing times of approximately 90 days, depending on USCIS location. To obtain Advance Parole, an individual must file Form I-131, Application for Travel Document.

TEXAS SERVICE CENTER (TSC) UPDATES

TSC has been processing 3,500 to 4,500 employment-based cases per month. The filings of I-140s and I-485s have been in the range of 3,000 to 4,000 per month. TSC has almost completed adjudication of the I-140s filed during July and August 2007. TSC’s goal is to adjudicate cases within 4 months. TSC expects to reach this goal on I-140s by the end of June 2009. TSC has also pre-processed 85,000 Permanent Residence Applications (I-485s), which are now in queue for immigrant visa numbers.