Immigration

Visa Bulletin for February 2016

This Visa Bulletin summarizes the availability of Immigrant Visa numbers during February 2016 for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Families are Taken Into Custody as Push to Deport Immigrants Denied Refuge Begins

The detentions of at least 11 families across the country marked the first day of an effort by the government to find and deport Central American immigrants who sought refuge in the U.S. and stayed illegally, immigrant advocates said Saturday.

Visa Bulletin for January 2016

This VISA BULLETIN (issued by the Department of State) summarizes the availability of immigrant numbers as of JANUARY 2016 for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Paris Attacks Reshape U.S. Debate on Immigration

U.S. lawmakers called on Tuesday for even tighter scrutiny of Syrian refugees fleeing to the United States as last week's deadly Paris attacks U.S. debate on immigration and national security, prompting a sharp rebuke from President Barack Obama, who said attempts to block entry were "offensive and contrary to American values".

 

Hardship Created by Visa Deadline Revision

16 House Democrats expressed their disappointment in a letter to Department of Homeland Security’s Jeh Johnson and Secretary of State John Kerry, and urged U.S. Department of Homeland Security (DHS) and U.S. Department of State (DOS) to make up for the hardship created by the visa deadline revision for highly skilled workers in the employment-based immigrant categories.

On September 9th, the monthly visa bulletin made a significant change in the process of filing for immigrant visa applications. Before, the visa cutoff dates were based on a single chart system, which governed both the visa issued date and the application filing date. With the new change, the visa bulletin system now runs on two charts system; “Application Final Action Dates,” which shows cutoff dates that govern when visa can be issued and the new chart, “Dates for Filing,” showing cutoff dates for when application can be filed.  

The new chart is significant because the cutoff dates are later than the dates in the original charts. This means that immigrants with later priority dates can submit their application much earlier.  

However, after releasing the October visa bulletin with the newly implemented system, State Department revised the October Bulletin cutoff dates for “Dates for Filing” chart. The revision setback the cutoff dates for EB-2 Visa applicants from India by two years and EB-2 Visa applicants from China by 16 months.  

The sudden revision for “Dates for Filing” chart caused “hardships” to numerous applicants who thought they qualified according to the previous indicated date. These applicants already paid for medical examinations and attorney’s fees.


The 16 House Democrats urged the State Department to make up for the “hardships” caused by the recent revision.

R
eps. Zoe Lofgren and Mike Honda, D-Calif., who said to represent the districts Silicon Valley district, led the letter writing to DHS. The letter mentions that the “current visa backlog and restrictions already create incentives for skilled foreign workers to leave the (U.S.) and take their skills to other countries that offer more competitive immigration programs.”

The letter to the DHS mentioned that the EB-2 visa applicants from countries like India and China should implement methods to give permission to legally work under certain qualifying condition. In addition, a revision of “an extraordinary circumstance” beyond the control of applicants filing late request to extend their nonimmigrant statuses was requested as well.

The 16 House Democrats are pushing the concept of “moving forward with real, lasting comprehensive immigration reform” and not continuing to “roll back the clock on our immigration policies.”

 

 

 

Ryan’s Questionable Immigration Stance

Congressman Paul Ryan’s immigration track record may halt his path to Speaker of the House, based on his past as an outspoken advocate for immigration overhaul.  In his website, Ryan clearly advocates for immigration changes and how it will contribute to economic growth, while adding that amnesty shouldn’t be given to the illegal immigrants.  His voting record is ambivalent - in 2014 Ryan voted against funding executive branch immigration policy of prosecutorial discretion in deportation cases, but in 2010 he voted against providing legal status for some undocumented immigrant children.  Immigration hard-liners are hesitant with Ryan’s immigration stance because of his conflicted history on immigration policy.

 

Visa Bulletin for October 2015

This bulletin summarizes the availability of immigrant numbers during October for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Employment Authorization for Certain H-4 Dependent Spouses

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B nonimmigrants can file Form I-765, Application for Employment Authorization, as long as the H-1B nonimmigrant has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B nonimmigrant:

  • Is the principal beneficiary of an approved Form I-140, Immigrant Petition for Alien Worker; or
  • Has been granted H-1B status under sections 106(a) and (b) of the American Competitiveness in the Twenty-first Century Act of 2000 as amended by the 21st Century Department of Justice Appropriations Authorization Act (AC21). AC21 permits H-1B nonimmigrants seeking lawful permanent residence to work and remain in the United States beyond the six-year limit on their H-1B status.

The Employment Authorization for Certain H-4 Dependent Spouses final rule (H-4 rule), effective on May 26, 2015, seeks to support the goals of attracting and retaining highly skilled foreign workers and minimizing the disruption to U.S. businesses resulting from H-1B nonimmigrants who choose not to remain in the United States and pursue LPR status.