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May 11th, 2012
By Blake Miller, Esq.
After employment-based second preference priority dates rapidly advanced to May 2010 for Indian and Chinese foreign nationals at the start of the year, it appears top Chinese and Indian scientists, engineers, doctors, and mathematicians will have to wait months before filing for a green card. Chinese and Indian second preference green cards will be unavailable for the remainder of fiscal year 2012 (through September 30, 2012). The erratic flow of green cards for these foreign nationals has developed from a drip, to a downpour, to a drought.
Charles Oppenheim, Chief of Visa Control and Reporting Division for the Department of State, also made some startling announcements sure to affect the most talented foreign nationals from all countries. Specifically:
- It may be necessary to establish a cut-off date for EB-2 nationals of all other countries.
- Those with extraordinary ability, outstanding researchers/professors, and multi-national managers may also be waiting in line for green cards, as a cut-off date may be established at the end of FY 2012 to curtail excess visa demand.
It appears nationals of all countries will soon be watching the pitiful progression of green card priority dates. Even those with extraordinary ability, who have proven themselves to be in the top few percentages of their fields, may be waiting to obtain their US residency. Over two decades have passed since George H.W. Bush increased the quota for employment-based immigrant visas. Is now the time to deter the best and brightest from investing their futures in our country, or, in the case of advanced professionals from India and China, cutting them off entirely? It is astonishing to think that even when the Department of Labor has certified there are no U.S. workers available to perform a job, a Chinese or Indian-born national with a Master’s degree or higher cannot obtain a green card to secure their future to perform that job.
May 4th, 2012
By Bernard Wolfsdorf, Rahul Soni, and Blake Miller
The 2013 green card lottery winners were announced on May 1, 2012, extending invitations to thousands of eager U.S. immigrants around the world. For the 2012 lottery, the Department of State notified 100,021 applicants that they were the lucky “winners”. Unfortunately, as with many government programs, the . . . → Read More: Diversity Green Card Lottery Winners Announced – “The Cinderella Visa” Part 2
April 5th, 2012
by Jessica L. Marks, Esq.
With the arrival of April flowers and Major League Baseball’s Opening Day, the nation’s collective mind is very much on the season of Spring. But the 1st of April has always brought to mind another season for immigration attorneys and our clients: H-1B filing season.
Speculation about how long the cap-subject numbers will . . . → Read More: Cap-Subject H-1Bs for Fiscal Year 2013: A Very Short Season?
March 19th, 2012
By Blake Miller, Esq.
Top Chinese and Indian scientists, engineers, doctors and mathematicians are going to find the U.S. welcome mat pulled further away from their feet. Recent Department of State projections indicate the line for persons born in China or India with Master’s degrees and Ph.D.’s will be at least 5-7 years to get a green . . . → Read More: EB-2 Retrogression – Don’t send our best and brightest Indian and Chinese Master’s and Ph.D. professionals home.
February 15th, 2012
By: Richard Yemm, Esq.
Social media such as Facebook and Twitter has revolutionized the internet and the way we interact with one another both at work and at home. However, in an immigration context, social media can be both a blessing and a curse in disguise.
The Good
Social media, like the introduction of email before . . . → Read More: Facebook and Twitter: The Good, The Bad and The Ugly (Watch Your Tweets!)
February 6th, 2012
by: Bernard P. Wolfsdorf, Esquire
During a recent EB-5 stakeholder teleconference USCIS Director Mayorkas cautioned “Be careful what you wish for.” Regional centers and regional center applicants have long questioned the USCIS’ ability to evaluate and interpret the complex economic and business plans forming the basis of regional center operations, especially regarding indirect and induced job creation. . . . → Read More: Transitions and Changes for the EB-5 Program? Predictions for the Year of the Dragon
January 30th, 2012
By Richard Yemm, Esq.
Bring the correct documents. Make sure you bring an acceptable, original (or certified copy) “birth date/legal presence” document. (For a list of acceptable documents see: http://www.dmv.ca.gov/pubs/brochures/fast_facts/ffdl05.htm).
Wait 10 days. . . . → Read More: 5 Things You Need to Know When Applying for Your Driver’s License at the California DMV
January 18th, 2012
By Sarah J. Baker, Esq
The USCIS is continuing its efforts to engage with stakeholders on Kazarian v. USCIS, 596 F.3d 1115 (9th Cir. 2010) and the agency’s much-criticized implementation of this decision, the Policy Memorandum “Evaluation of Evidence Submitted with Certain Form I-140 Petitions; Revisions to the Adjudicator’s Field Manual (AFM) Chapter 22.2, AFM Update AD11-14” . . . → Read More: LET’S HOPE THE THIRD TIME’S A CHARM: THE USCIS TACKLES KAZARIAN, AGAIN…
January 17th, 2012
By Jessica L. Marks, Esq.
The potential tax consequences of obtaining lawful permanent resident status in the United States are continuously expanding while the vast majority of green card holders remain oblivious to these changes; so many foreign nationals wait so long to become lawful permanent residents that rarely do they contemplate the drawbacks that sometimes accompany . . . → Read More: A Look at Some Hidden Costs of Lawful Permanent Residence
January 6th, 2012
By Blake Miller, Esq.
Sir Isaac Newton’s first law of motion nicely applies to the recent rapid progression in the employment-based second preference Indian and Chinese immigrant visa categories – what goes up, must come down. In the past four months, Charles Oppenheim, the Department of State Chief of Visa Control and Reporting Division, has moved the . . . → Read More: EB2 Visa Category for India and China Leaps Forward – How Long Will It Last?
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