Headlines:

1. FY 2013 H-1B Filing Season Rapidly Approaches – Beginning on April 2, 2012 (because April 1 is a Sunday), employers may file cap-subject H-1B petitions for fiscal year (FY) 2013, for employment starting on October 1, 2012, or later.

2. Witnesses Discuss Controversial DHS OIG Report at House Hearing – The report, which indicates that adjudicators are pressured to approve applications quickly with insufficient scrutiny, was based on testimonials and not empirical data; some say the data tell a different story.

3. March Visa Bulletin Continues Advances for India, China EB-2 Category – The category has advanced well over a year in just a few months.

4. EB-5 Investor Lawsuit Could Threaten Construction of South Dakota Beef Facility – A new lawsuit could threaten construction of a Northern Beef Packers cattle processing facility in South Dakota.

5. House Judiciary Committee Approves Bill Adding Israel to Nonimmigrant Investor Visa Eligibility List – The bill would allow Israelis to apply for E-2 visas if similarly situated U.S. nationals are eligible for such visas in Israel.

6. DOL Publishes Final Rule on Labor Certifications for H-2B Temporary Nonagricultural Employment – The final rule revises the process by which employers obtain a temporary labor certification to employ a nonimmigrant worker in H-2B status.

7. U.S. Embassy in London Discusses Visa Availability for Olympics, Expansion of Visa Reissuance Program for H-1, H-4 Applicants – Visa services will be limited during July and August for all nonimmigrant visa categories; the embassy encourages applications during the spring and early summer.

8. USCIS Launches ‘Entrepreneurs in Residence’ Initiative at Silicon Valley Summit – A tactical team will identify ways to enhance USCIS policies, practices, and training across a range of existing nonimmigrant visa categories used by entrepreneurs.

9. DS-230 Expires for Certain Applicants, Online Forms Launched – The online forms eventually will be implemented worldwide and required for all immigrant visa applications.

10. ABIL Global: Professional Immigration in France: Update and Outlook – The government instructed French labor authorities to apply greater scrutiny in adjudicating work permits and to interpret the regulations restrictively. On a more positive note, France has implemented the European Union Blue Card to attract skilled workers from third countries and facilitate mobility and permanent residence.

11. ABIL Global: Updates on Canada, Japan, Russia, United Kingdom – Citizenship and Immigration Canada will require Labor Market Opinions for temporary foreign IT workers who previously qualified for the exemption. Effective July 9, 2012, there will be a new Residency Management System for all foreign nationals residing in Japan. Six new positions have been added to Russia’s quota-exempt position list since last year. The United Kingdom is urging travelers for the Olympic Games to begin securing any necessary visas. The UK also has split the border agency into two agencies, one for administration and the other for border control.

12. New Publications and Items of Interest – New Publications and Items of Interest

13. Member News – Member News

14. Government Agency Links – Government Agency Links

Details:

1. FY 2013 H-1B Filing Season Rapidly Approaches

Beginning on Monday, April 2, 2012 (because April 1 is a Sunday), employers may file cap-subject H-1B petitions for fiscal year (FY) 2013, for employment starting on October 1, 2012, or later.

On November 22, 2011, U.S. Citizenship and Immigration Services (USCIS) received a sufficient number of petitions to reach the statutory cap for FY 2012. USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption as of October 19, 2011. With the improving economy, they could run out faster this year. The Alliance of Business Immigration Lawyers (ABIL) recommends that employers file early and allow time for the labor condition application process. Contact your ABIL attorney now for guidance and help with the process.

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2. Witnesses Discuss Controversial DHS OIG Report at House Hearing

The House of Representatives’ Subcommittee on Immigration held a hearing on February 15, 2012, “Safeguarding the Integrity of the Immigration Benefits Adjudication Process,” at which witnesses discussed a new report by the Department of Homeland Security’s (DHS) Office of Inspector General (OIG). Judiciary Committee Chairman Lamar Smith (R-Tex.) opened the hearing. Witnesses included Alejandro Mayorkas, Director, USCIS; Charles K. Edwards, Acting Inspector General, Department of Homeland Security (DHS); Mark Whetstone, President, National Citizenship and Immigration Services Council and American Federation of Government Employees, AFL-CIO; and Bo Cooper, Partner, Berry Appleman and Leiden LLP.

Chairman Smith noted that DHS’s Inspector General responded with a report in January 2012 based on a request from Sen. Chuck Grassley (R-Iowa) about whether “senior [USCIS] leaders are putting pressure on employees to approve more visa applications, even if the applications might be fraudulent or the applicant is ineligible.” The OIG report, Rep. Smith noted, states that “nearly 25 percent of immigration service officers who responded to the IG survey ‘have been pressured to approve questionable applications.’ ” He said, “This rubberstamp process leaves an ink trail of fraud and abuse.”

Inspector General’s report. In response to Sen. Grassley’s request, the Inspector General interviewed 147 managers and staff, received 256 responses to an online survey, and reviewed USCIS policies related to the effort to detect benefit fraud. The report was based on testimonials, not empirical data. The report recommended process improvements, such as instituting more training and collaboration to improve the fraud referral process; developing additional quality assurance or supervisory review procedures to strengthen identification of names and aliases of those seeking an immigration benefit; performing nationwide onsite outreach efforts to discuss the performance management system with Immigration Service Officers (ISOs); developing standards to permit more time for an ISO’s review of case files; revising policy on requests for evidence (RFEs) to clarify the role that the requests play in the adjudication process; and developing a policy to “establish limitations for [USCIS] managers and attorneys when they intervene in the adjudication of specific cases.” The report stated that “special treatment of complainants fosters a sense among ISOs that USCIS inappropriately grants benefits in certain cases.”

The report noted that “[t]here may be a basis for clarifying adjudication policy for O visa petitions. A low approval rate is not one of them.” The Inspector General found that O visa petitions are granted at a high rate. “Quality assurance information we examined demonstrates that excessive O visa approvals are more likely than denials.” The report stated, “From January 2008 through March 2011, the California and Vermont service centers approved 40,719 of 44,386 O visa petitions (91.7%). This approval rate exceeds the approval rate for many other nonimmigrant worker petitions. During the same time period, the two centers approved 78.5% of H-1B (specialty occupations) and 76.1% of L-1B (specialized knowledge worker) petitions.”

The Inspector General’s report noted, however, that: (1) the testimonial evidence shared by interviewees may not represent views shared by other employees; (2) USCIS has taken action to diminish threats to the immigration benefits system; (3) general employee concerns about the impact of production pressure in the quality of ISO decisions “do not mean that systemic problems compromise the ability of USCIS to detect fraud and security threats; (4) “[n]o ISOs presented us with cases where benefits were granted to those who pose terrorist or national security threats”; and (5) “[e]ven those employees who criticized management expressed confidence that USCIS would never compromise national security on a given case.”

The report concluded, however, that “[e]ven with the additional security checks and process improvements USCIS has made in the past several years, national security and fraud concerns may require more thorough review of immigration applications and petitions.” The OIG noted that “[a]dditional documentation, or further insight gained through more interview questions, would ensure that ISOs have greater confidence before making a decision.” Also, the report suggests that “Congress may wish to raise the standard of proof for some or all USCIS benefit issuance decisions.”

Director Mayorkas’ testimony. Director Mayorkas said that early in his tenure at USCIS, having come to the agency in August 2009, he decided that USCIS must enhance the emphasis on quality in its adjudicative approach, meaning that “immigration benefit decisions are informed, adhere to the law and the facts, are made in a timely manner, and further the integrity and goals of the immigration system.” He said he realigned the agency’s structure to institutionalize a culture of quality and created the Fraud Detection and National Security Directorate (FDNS), previously an office within a directorate. Mr. Mayorkas outlined various anti-fraud and national security efforts his agency has taken. He said that if any supervisors are instructing employees to “be fast at the expense of quality,” that should be raised to top leadership.

Mr. Whetstone’s testimony. Mr. Whetstone said that USCIS headquarters has heard for years staff recommendations to allow its adjudicators more time to review files, but little has happened. He said that quantity-based production standards continue to be perceived as having a major impact on adjudicators, noting that several officers reported working through lunch and rest breaks to reach quota levels necessary to attain a satisfactory rating. He said that production pressure has never been reduced. Mr. Whetstone also noted a lack of sufficient anti-fraud training.

Mr. Cooper’s testimony. Mr. Cooper noted that he was an attorney for the former Immigration and Naturalization Service for over a decade, and served as the agency’s General Counsel from 1999 to 2003. He also works closely with Compete America, a coalition of corporations, universities, research institutions, and trade associations that advocates for reform of U.S. immigration policies on high-skilled foreign professionals. He took issue with several of the Inspector General’s conclusions and recommendations, stating in written testimony that they “lack foundation,” are contrary to what actually happens, and “would be deeply problematic if they were to gain acceptance and inform policy choices.” He said that the report’s conclusions “rest in key respects on a deficient base of information,” noting the lack of data and the report’s reliance on a limited number of interviews and surveys. He said that the limited interviews and surveys could be seen as a starting point but that instead of being considered preliminary feedback, the report draws “very serious conclusions.”

Mr. Cooper said that USCIS has released official data since the report came out. He noted that recent analysis shows that the data refute concerns “that USCIS may be institutionally biased toward unjustified approvals and that the agency observes policies that would suppress RFE issuance.” The data tell the opposite story, he said: “Particularly with respect to the key nonimmigrant categories for foreign professionals, denial rates and RFE rates have risen very sharply in recent years.”

The “most startling example,” Mr. Cooper said, appears in the L-1 program, which is used by multinational corporations to transfer managers, executives, and specialists into the United States. Noting that such visas “are an essential component of a huge range of productive economic activity in this country,” he said that L-1 visas are critical to attracting foreign investment that supports the creation of jobs for U.S. workers and are critical when U.S. companies acquire companies based oversees and need to have the acquired company’s specialists come to the United States to integrate their expertise and processes. L-1 visas are also critical to companies who need to bring specialists from their overseas affiliates into their research centers and operations in the United States, he noted. “Without predictable, reliable access to these visas, employers find themselves having to move jobs and projects to other countries.”

The data for employees with specialized knowledge in the L-1B program “shows a steep rise in denials and requests for evidence beginning in 2008,” he said, noting that the denial rate for L-1B petitions more than tripled in 2008 and is now at nearly quadruple the pre-2008 rate, at 27 percent in 2011. The RFE rate change is even starker, he said. From 2005 to 2011, the rate soared from 9 percent to 63 percent of L-1B cases.

He also noted that in the L-1A program for managers and executives being transferred within multinational corporations, the RFE rate rose from 10 percent in 2005 to 51 percent in 2011. Denial rates rose 75 percent over five years, from 8 percent in 2007 to 14 percent in 2011. In the H-1B program for professionals in specialty occupations, the denial rate increased from 11 percent in 2007 to 17 percent in 2011. Over a quarter of all H-1B filings generated an RFE in 2011.

Seen in the light of this data, Mr. Cooper said “there is no basis for the concern expressed in the OIG report that USCIS has an institutional bias in favor of approvals or against RFEs.” In fact, he said, the data show the opposite trend. Noting that USCIS said in its response to the OIG report that it is reviewing its RFE policy and aims to issue new RFE guidance this year, Mr. Cooper recommended that the new policy reflect “the needs of today’s business environment and the innovation economy,” and that it be monitored carefully once put into practice.

U.S. Chamber of Commerce letter. The U.S. Chamber of Commerce submitted a letter for the hearing record that said the OIG report’s conclusions were not statistically valid and were inconsistent with the experiences of the Chamber’s members in dealing with USCIS. The Chamber challenged “the notion that a few employees at the agency responsible for adjudicating benefits for the nation’s immigrants can, or should, drive changes in the burden of proof or other legal criteria impacting all foreign nationals and their sponsoring employers entitled to benefits under our immigration laws.” The Chamber echoed Mr. Cooper’s concerns that the OIG report draws conclusions that are too broad in relation to the interview and survey results upon which they are based. The letter includes examples of companies’ experiences of visa denials and RFEs that delayed or prevented the companies from moving forward with new product development or hiring for U.S.-based manufacturing and other jobs.

The Chamber’s letter also notes that “companies have not been able to manage their intracompany transfers of specialized knowledge staff with any predictability.” The letter identified four critical issues companies recently identified during a January discussion hosted by the Chamber on L-1B law and policy. that result in increased L-1B delays, denials, and inconsistency: (1) an improper focus on numbers of similarly situated staff; (2) an improper focus on the O-1 standard of accomplishment; (3) failure to recognize legitimate business requirements; and (4) improper de novo review of extensions. The Chamber noted that these “four agency misconceptions” have led to “an unfounded narrowing of the definition of specialized knowledge.”

Chairman Smith’s opening statement and witness testimony are available here.

The U.S. Chamber of Commerce’s letter is available here.

The National Foundation for American Policy’s February 2012 brief, from which Mr. Cooper and the Chamber drew data analyses, is available here.

The OIG report, “The Effects of USCIS Adjudication Procedures and Policies on Fraud Detection by Immigration Services Officers,” includes USCIS’s response to the OIG’s recommendations. It is available here.

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3. March Visa Bulletin Continues Advances for India, China EB-2 Category

The March 2012 Visa Bulletin shows that the priority date for the India and China employment-based second preference (EB-2) categories is May 1, 2010, which is a four-month advance over the February cut-off date of January 1, 2010. In January, the date was January 1, 2009, so the category has advanced well over a year in just a few months. The Department of State’s Visa Office explained:

The China and India Employment Second preference cut-off date has been advanced at a rapid rate in recent months. As previously noted, this action was intended to generate significant levels of new filings for adjustment of status at U.S. Citizenship and Immigration Services (USCIS) offices. USCIS has reported that the rate of new filings is currently far below that which they had anticipated, prompting an even more aggressive movement of the cut-off date for January and possibly beyond. While this action greatly increases the potential for an eventual retrogression of the cut-off at some point during the year, it also provides the best opportunity to utilize all numbers available under the annual limit.

The March bulletin is available here.

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4. EB-5 Investor Lawsuit Could Threaten Construction of South Dakota Beef Facility

A new lawsuit could threaten construction of a Northern Beef Packers (NBP) cattle processing facility in South Dakota. NBP decided not to pay a $50,000-per-investor commission (with potentially up to double that as a “success fee”) for recruiting EB-5 investors to Henry Global Consulting Group because it did not bring in as many investors as it had agreed to recruit. According to reports, Henry Global then persuaded several investors to sue the regional center. The lawsuit alleges that investors did not receive crucial facts about the project and were not included in key decisions as agreed upon.

This is just the latest in a long series of problems for the project. Almost six years after developers purchased the site, the project has been delayed continually by lawsuits, liens, and tax problems.

The compliant is available here.

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5. House Judiciary Committee Approves Bill Adding Israel to Nonimmigrant Investor Visa Eligibility List

On February 28, 2012, the U.S. House of Representatives’ Committee on the Judiciary approved legislation that would add Israel to the E-2 nonimmigrant visa eligibility list of countries. The bill would allow Israelis to apply for E-2 visas if similarly situated U.S. nationals are eligible for such visas in Israel. Rep. Howard Berman (D-Cal.), said the legislation would bring Israeli business and innovations in “security and defense technologies, medicine, agriculture, high-tech, and clean energy” to the United States.

Last May, the Senate introduced a companion bill but has not yet moved it through the Senate Judiciary Committee.

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6. DOL Publishes Final Rule on Labor Certifications for H-2B Temporary Nonagricultural Employment

The Wage and Hour Division (WHD) of the Department of Labor’s (DOL) Employment and Training Administration published a final rule effective April 23, 2012, revising the process by which employers obtain a temporary labor certification from the DOL for use in petitioning the Department of Homeland Security (DHS) to employ a nonimmigrant worker in H-2B status. WHD chose to revert to a compliance-based rather than the current attestation-based certification process. The regulations are also intended to provide increased worker protections for both U.S. and foreign workers.

The final rule creates a national registry for all H-2B job postings and increases the recruitment period for U.S. workers. The rule also requires the rehiring of former employees when available. In addition, the rule extends H-2B program benefits, such as transportation costs and wages, to U.S. workers performing substantially the same work as H-2B workers.

WHD received a large number of comments from the ski industry requesting an exemption from the regulations. Many of the commenters believed that because ski instructors require skills or experience, under the new rules they would be ineligible for the H-2B program. Generally, job positions certified under the H-2B program are low-skilled, WHD explained, requiring little or no experience. “We do recognize, however, that there are some occupations and categories under the H-2B program that may require experience and/or training. Employer applicants demonstrating a true need for a level of experience, training or certification in their application have never been prohibited in the H-2B program, given the breadth of the definition of H-2B under the INA,” WHD noted. The agency said it has determined that an exemption for the ski industry “is not appropriate as the commenters presented no valid argument as to why exemption is necessary. There is nothing about the workers they seek to hire that prevents them from participating in the H-2B program. Ski resorts are fixed-site locations that run on a seasonal basis with standard operating procedures.”

The final rule was published in the February 21 edition of the Federal Register. The H-2B program is limited by law to a cap of 66,000 visas per year.

The final rule is available here. The announcement is available here. Fact sheets and other information are available here and here.

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7. U.S. Embassy in London Discusses Visa Availability for Olympics, Expansion of Visa Reissuance Program for H-1, H-4 Applicants

The U.S. Embassy in London recently released a notification of limited nonimmigrant visa services during the Olympics and an expansion of the Visa Reissuance Program to include H-1 and H-4 visa applicants.

The embassy noted that visa services will be limited during July and August for all nonimmigrant visa categories. The embassy encourages applicants “to apply for visas during the spring and early summer as appointment availability cannot be guaranteed.” Appointments are scheduled through the Operator Assisted Information Service.

Also, the embassy noted that travelers planning on entering the United States visa-free under the Visa Waiver Program by air or sea carrier who do not have travel authorization approval under the Electronic System for Travel Authorization (ESTA) are encouraged to register now for summer travel. If registration is denied, visas will be required.

The embassy also said that the Visa Reissuance Program has been expanded to include H-1 visa applicants and their derivatives who are renewing a visa of the same classification that has expired in the last 12 months. Other qualifying criteria apply and can be found here. The Program continues to be available to O, P, J and C-1/D visa applicants. Applicants must be physically present in the United Kingdom to use the Visa Reissuance Program, and a consular officer reserves the right to request that an applicant appear in person for an interview after reviewing his or her application.

Callers within the United Kingdom should dial 09042-450-100. Calls to this line are charged at £1.23 per minute plus network extras. Callers from the United States should dial 1-866-382-3589. U.S. callers are charged a fixed rate of $16 payable by credit card (Visa, MasterCard, or American Express only).

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8. USCIS Launches ‘Entrepreneurs in Residence’ Initiative at Silicon Valley Summit

On February 22, 2012, U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas met with more than 150 Silicon Valley entrepreneurs, academics, and government officials at NASA Research Park in Moffett Field, California, to launch the Entrepreneurs in Residence (EIR) initiative and gather information.

USCIS said that the panel discussions and breakout sessions held at the summit would inform the work of a newly formed EIR tactical team, which will “work collaboratively over the next several months to ensure that immigration pathways for foreign entrepreneurs are clear and consistent, and better reflect today’s business realities. The tactical team will identify ways to enhance USCIS policies, practices and training across a range of existing nonimmigrant visa categories used by entrepreneurs.”

Mr. Mayorkas also presented five naturalized immigrant entrepreneurs with USCIS’s “Outstanding Americans by Choice” awards. One award recipient, Vivek Wadhwa, an entrepreneur and researcher at Duke University, said the EIR initiative cannot fix by itself the “reverse brain drain” of foreign-born entrepreneurs who receive an education in the United States and then leave to form companies in their home countries because of concerns about U.S. immigration laws and regulations. “We will now have created competitors worldwide we didn’t need to create,” he warned. A Scottish entrepreneur, Scott Allison, said at the summit that the immigration process “shouldn’t be something we have to worry about. But we do have to worry about it. I don’t know where my home is.”

USCIS’s announcement is available here.

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9. DS-230 Expires for Certain Applicants, Online Forms Launched

A new DS-260 form has replaced the DS-230 for certain applicants. The DS-260, Online Immigrant Visa Application & Registration, and DS-261, Choice of Address and Agent, are electronic visa application forms completed and submitted online to the Department of State via the Internet through the Consular Electronic Applications Center. The forms may be partially completed, saved online to finish, and submitted later; or they can be completed and submitted in a single session.

The forms eventually will be implemented worldwide and required for all immigrant visa applications. Additional information, such as the current conditions and limitations on applicability of the forms, is available here.

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10. ABIL Global: Professional Immigration in France: Update and Outlook

A French government circular of May 31, 2011, instructed the labor authorities to apply greater scrutiny in adjudicating work permits and to interpret the regulations restrictively, with the aim of reducing the number of foreign nationals being admitted to France for professional purposes. On a more positive note, France has created a new immigration category by implementing the European Union (EU) Blue Card directive to attract skilled workers from third countries and facilitate the mobility and permanent residence of such workers within the EU. Details of these developments are provided below.

Restrictive measures: greater scrutiny of employer and employment. Under the government circular, the labor authorities are to deepen the scrutiny with which they verify the existence of the employer and its past and present compliance with the labor, social security, and immigration regulations. Any violations may be sufficient grounds to deny a work permit application.

Labor market tests must be applied strictly and an application will be denied if market analysis reveals insufficiently high demand for the position sought to be filled or the possibility of filling the position by a training program in the near future. Any advertising seeking candidates for a position must be carried out for a reasonable period of time. “Two to three months” is considered reasonable, whereas in the past the administration considered two to three weeks reasonable.

The labor authorities also must evaluate if the foreign worker is not under- or overqualified for the employment offered. If he or she is underqualified, the application must be denied. If he or she is overqualified, the advertisement must be modified and published again.

Such authorities must also verify that:

• the compensation meets the appropriate thresholds, as determined by the collective bargaining agreements, market, and the minimum salary laws;
• the candidate has adequate knowledge of the French language; and
• the candidate is provided adequate housing.

Restrictive measures: greater scrutiny of change-of-status applications. The circular urges French labor authorities to examine any request for a change of status very carefully, especially when such applications are made by foreign students. The circular states that foreign students must return to their home countries after the end of the schooling.

These instructions resulted in a massive protest by universities and students, and even criticism within the government. The government issued a new circular on January 13, 2012, which provides guidance to adjudicating officers to avoid tarnishing the attractiveness of French schools to foreign students and undermining French business in need of young foreign talent.

These restrictive measures do not apply to work permit categories which receive preferential processing, such as intra-company transfers, secondments, and seasonal workers.

These restrictive measures have increased the processing time for all work permit categories.

List of jobs for which workers are in shortage reduced by half. A decree of August 11, 2011, has reduced to half the list of jobs in certain fields where employers encounter difficulties in recruiting workers. The list now contains only 14 job categories, as opposed to 30 previously. Foreign workers may fill these jobs without first having to go through a labor market test as part of their work permit application. The reduced list applies throughout the French territory, unlike the previous regional lists, which allowed local market situations to be taken into account. This list will be revised by August 1, 2013, at the latest.

France has signed bilateral agreements regarding the control of migration flows with several countries (Brazil, Burkina Faso, Cameroon, Cape Verde, Gabon, Mauritius, Benin, Congo, Senegal, and Tunisia). These agreements allow nationals to obtain work permits under conditions negotiated country by country, and may contain a more generous list of jobs.

Good news: the French Blue Card permit. Law no. 2011-672 of June 16, 2011, and decree no. 2011-1049 of September 6, 2011, provide the legal framework for the transposition of the EU “Blue Card” directive into French law.

The qualifying criteria are in accordance with the criteria stated in the EU directive:

1. An employment contract with a duration of one year or more;
2. A minimum annual salary threshold of 1.5 times the average salary of reference, which is determined by the Minister of Interior on an annual basis. According to the current reference salary (€ 34,296), this annual salary threshold is € 51,444; and
3. A three-year higher education diploma or equivalent knowledge through five years of experience.

A qualifying third-country national is issued a joint residence and work permit for the length of employment, with maximum validity of three years. This permit is renewable. An accompanying spouse is issued a “Private and Family Life” category work permit, renewed annually for as long as the main applicant has a valid Blue Card permit.

The Blue Card may also be issued to a third-country national who already holds a Blue Card issued by another member state and wants to accept employment in France. This can occur after 18 months of residence under the initial Blue Card. The application is made within one month of arrival in France. The applicant need not present a long-stay French visa.

The Blue Card permit is issued without labor market testing. Its beneficiary and his or her spouse may qualify for the EU long-term resident permit after five years of residence under the Blue Card in the EU, of which only the last two years must be in France.

The French authorities have up to 90 days to adjudicate the Blue Card application and up to 6 months to adjudicate the accompanying spouse residence permit.

The advantages of the Blue Card over other categories are:

• It does not require an intra-company prior employment;
• Mobility within EU is facilitated;
• Acquisition of long-term resident status is facilitated; and
• The qualifying criteria are very precise (leaving less room for the discretion of the government).

The Blue Card is expected to be very good news for skilled third-country nationals who are unable to qualify under other categories.

Prognosis for the future: France has one of the highest birth rates in Europe. It is doing fine in replenishing its population. But France still needs immigrants more than ever to satisfy its need for qualified workers and to be a prominent actor in a global economy. The current government understood this well when it created regulations adapted to global employment needs of multinational groups and allowed graduating foreign students to seek employment in France, and thus keep the talent in the country.

So what happened? The electoral campaign started this year and immigration is a hot issue in France, as it is in most other European countries. With its new anti-business immigration stance, the government is trying to recapture the voters it may have antagonized by its pro-business conduct in preceding years.

Business should be back to normal by the middle of this year, after the presidential and parliamentary elections.

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11. ABIL Global: Updates on Canada, Japan, Russia, United Kingdom

CANADA

Following the termination of the Facilitated Process of Information Technology Workers Program (Labor Market Exemption) in British Columbia in December 2011 and in all other provinces in September 2010, Québec authorities have also announced the end of the program for the seven different types of IT occupations. The program expedited the admission of foreign workers in certain IT occupations, mainly those in software development.

As a result, Citizenship and Immigration Canada will require Labor Market Opinions (LMO) for temporary foreign IT workers who previously qualified for the exemption. The process will be much lengthier and will require a job posting of at least 14 days, followed by an application for the LMO work permit.

JAPAN

Effective July 9, 2012, there will be a new Residency Management System for all foreign nationals residing in Japan. Consequently, the existing Alien Registration Card (ARC) will be replaced by a new Resident Card, which will serve as a form of identification for those foreigners working and living in Japan for more than 90 days. The Resident Card will be issued upon arrival at the four major international airports in Japan: Chubu, Haneda, Kansai, and Narita. Those travelers entering through other airports will receive their Resident Card in the mail after they arrive in Japan.

The new program will reduce the minimum period of stay from one year to three months and extend the maximum period of stay from three years to five years. Those Resident Card holders travelling abroad while in Japan will no longer need to obtain a re-entry permit as long as they return within one year. Currently, a re-entry permit is required for any travel outside of Japan.

Foreign nationals currently holding valid ARCs that expire on or after July 8, 2015, must obtain the new Resident Card, but can do so anytime before that date. All others can continue using their current ARCs until expiration and obtain the Resident Card at the time of renewal.

RUSSIA

The Russian government has announced the work permit quota for 2012, as well as the list of 41 positions that are quota-exempt. The quota number has not changed significantly since last year and will continue to be distributed among the various regions in the country. Companies looking to sponsor foreign workers in Russia in 2013 must submit their forecasts to the local labor authorities before May 1, 2012.

Six new positions have been added to the quota-exempt position list since last year, including design engineers, electrical engineers, technicians, and others. Work permits for highly skilled professionals continue to be quota-exempt but such positions must meet strict salary requirements.

UNITED KINGDOM

The government of the United Kingdom is urging all those who plan to come to the UK during the Olympic Games to plan ahead and begin making travel arrangements, including securing any necessary visas. The London 2012 Games will be the biggest event the UK has hosted and the government expects many extra visitors during the already busy summer season.

The UK government has also announced the creation of a new agency, the UK Border Force, which will take over border control and inspection procedures at the UK ports of entry starting March 1, 2012. The UK Home Secretary said that after it was revealed that thousands of people were let into the country without proper immigration checks, the UK Border Agency (UKBA) would be split into two separate bodies. The Border Force will “become a separate operational command, with its own ethos of law enforcement, led by its own Director General, and accountable directly to ministers.” UKBA will continue to manage immigration administrative functions such as processing work and residence permit applications.

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12. New Publications and Items of Interest

Dramatic increase in denials of L-1, H-1B petitions. An analysis of new data obtained from U.S. Citizenship and Immigration Services (USCIS) by the National Foundation for American Policy reveals a dramatic increase in denials of L-1 and H-1B petitions over the past four years, which the report concludes harms the competitiveness of U.S. employers and encourages companies to keep more jobs and resources outside the United States. Data indicate that much of the increase in denials involves Indian-born professionals and researchers. The report finds that adjudicators or others at USCIS “changed the standard for approving L-1B and other petitions in recent years, beginning in FY 2008 and FY 2009.” The report says the high denial rates “belie the notion [that] adjudications have become more lenient.” The report says that the dramatic increase in denial rates and requests for evidence “raises questions about the training, supervision and procedures” of the USCIS career adjudicatory bureaucracy and that denying employers the ability to transfer in key personnel or gain entry for a skilled professional or researcher “harms innovation and job creation in the United States, encouraging employers to keep more resources outside the country to ensure predictability.”

The report is available here.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

For more information or to order, visit Green Card Stories.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available here.

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13. Member News

Laura Danielson has published several new blog entries. “Why So Much Vitriol Toward ‘Illegals’?” and “Hypocrisy Knows No Boundaries.”

Ms. Danielson also was on an hour-long radio program, WPCR’s “Turn of the Page,” to discuss Green Card Stories.

Mark Ivener and Charles Kuck were quoted in the February 3-9, 2012, edition of New Orleans CityBusiness, in an article on EB-5 investors, “Lawmaker Wants Foreign Investment for Terminal.” In an article about Louisiana state senator A.G. Crowe wanting to use EB-5 investment funds to finance the Louisiana International Gulf Transfer Terminal, currently an idea for a port at the mouth of the Mississippi River, Mr. Kuck said the EB-5 program is ill-suited for such massive, unfunded ventures. “Some people view this EB-5 program as this limitless supply of money from naïve foreign investors. I have frankly yet to meet investors willing to say ‘I’ll be the first investor in your program and hopefully two years from now you will have actually done your deal and created jobs.” He said EB-5 investors calculate their risk and they are leery of being guinea pigs for projects lacking seed funding. Although the article notes that there are currently 194 regional centers, Mr. Kuck said there are “no more than 10 or a dozen that any rational person would recommend” to EB-5 investors. Mr. Ivener commented on potential conflicts of interest that can result if brokers represent regional centers to which they are steering investors. Mr. Ivener noted that it is common to represent both types of clients separately.

A profile on Mr. Kuck was published in Super Lawyers in the March 2012 edition.

Cyrus Mehta has published several new blog entries. “Immigration Reform Through Green Card Stories” and “.”

Angelo Paparelli has published a guest blog post by Stephen Yale-Loehr, “DREAM or NIGHTMARE? Why Congress Should Reject a Military-Only Version of the DREAM Act.”

Mr. Paparelli has published a new blog entry, “,” reprinted with permission from The New York Law Journal.

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14. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. DOJ’s Office of Special Counsel Lists Employer Best Practices During Worksite Enforcement Audits – The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices released do’s and don’ts for employers facing ICE audits.

2. USCIS Announces Several Thousand EB-5 Green Cards Issued So Far in First Quarter of FY 2012, Releases Latest Stats – Between October and mid-January, 2,364 EB-5 green cards were issued. At that rate, over 9,000 EB-5 visas might be issued this fiscal year, which is very close to the statutory cap of 10,000.

3. New York City’s Newest Full-Service Immigration Office Opens in Queens – The new office, located at 27-35 Jackson Avenue, includes an Application Support Center, a naturalization ceremony room, and interview and file rooms. The hours are 7 a.m. to 3:30 p.m.

4. USCIS Announces 58 Countries Whose Nationals Are Eligible for H-2A and H-2B Participation – In addition to the 53 countries currently on the list, Haiti, Iceland, Montenegro, Spain, and Switzerland were designated for the first time this year.

5. DHS Extends TPS Designation for El Salvador – The 18-month extension will remain in effect through September 9, 2013. The 60-day re-registration period began January 9, 2012, and will remain in effect until March 9, 2012.

6. DOS Launches 90-Day Pilot Program Allowing Online Passport Card Applications – The U.S. passport card costs $30 for current passport book holders, and is valid for land and sea travel to and from Canada, Mexico, the Caribbean, and Bermuda. It is not valid for international air travel.

7. AAO Denies RC Application to Build Resort Suites – The AAO found that the applicant’s proposal was a marketing strategy to attract buyers for vacation suites rather than investors of capital in a new commercial enterprise.

8. New Publications and Items of Interest – New Publications and Items of Interest

9. Member News – Member News

10. Government Agency Links – Government Agency Links

Details:

1. DOJ’s Office of Special Counsel Lists Employer Best Practices During Worksite Enforcement Audits

The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices has released the following do’s and don’ts for employers facing audits by U.S. Immigration and Customs Enforcement (ICE):

DO:

• Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit.
• Provide all workers with a reasonable amount of time to correct discrepancies in their records identified by ICE. Treat all workers in the same manner during the audit, without regard to national origin or citizenship status. This means that all workers with like discrepancies who are asked to present additional documents are provided with the same timeframes and the same choice of Form I?9 documents to present.
• If your workers are represented by a union, inform the union of the ICE audit and determine whether a collective bargaining agreement triggers any obligations.
• Inform employees from whom you seek specific information that you are seeking this information in response to an ICE audit.
• Communicate in writing with employees from whom you seek information, and describe the specific basis for the discrepancy and/or what information you need from them. Follow the instructions on the ICE notice and the instructions for the Form I?9 when seeking to correct Form I?9 defects, including the Lists of Acceptable Documents and the anti?discrimination notice.

DON’T:

• Selectively verify the employment eligibility of certain employees based on their national origin or citizenship status based on the receipt of an ICE Notice of Inspection.
• Terminate or suspend employees without providing them with notice and a reasonable opportunity to present valid Form I?9 documents.
• Require employees to provide additional evidence of employment eligibility or more documents than ICE is requiring you to obtain.
• Limit the range of documents that employees are allowed to present for purposes of the Form I?9.
• Treat employees differently at any point during the audit because they look or sound foreign, or based on assumptions about whether they are authorized to work in the U.S.

The list is available at http://www.justice.gov/crt/about/osc/pdf/publications/worksite_enforcement.pdf.

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2. USCIS Announces Several Thousand EB-5 Green Cards Issued So Far in First Quarter of FY 2012, Releases Latest Stats

The Department of State issued 2,364 EB-5 green cards between October 1, 2011, and mid-January 2012, U.S. Citizenship and Immigration Services (USCIS) announced at its quarterly EB-5 stakeholders meeting on January 23, 2012. At that rate, over 9,000 EB-5 visas might be issued this federal fiscal year, which is very close to the statutory cap of 10,000.

USCIS refused to discuss what it would do about pending EB-5 petitions if Congress fails to renew the regional center pilot program by September 30, 2012. Approximately 92 percent of I-526 petitions (Immigrant Petition by Alien Entrepreneur) filed each year are filed by investors in regional centers. Historically, about 80 to 85 percent of I-526 and I-829 EB-5 petitions are approved each year. The California Service Center (CSC) now has four teams of EB-5 adjudicators, an increase from one team a year ago. Despite the increased staffing, case adjudication times have not improved because of the increase in case filings.

USCIS also announced that it would defer to state determinations on what constitutes a targeted employment area (TEA) for EB-5 purposes. The agency will check the data behind states’ methodology, however. USCIS did not say whether a single census tract may qualify as a geographic area. USCIS said that would be covered in written materials not yet available publicly, and referred stakeholders to its December 2009 memorandum for further details (available at http://www.uscis.gov/USCIS/Laws/Memoranda/Static%20Files%20Memoranda/Adjudicating%20of%20EB-5_121109.pdf).

USCIS acknowledged that many regional center applications are being held up at headquarters pending resolution of economic methodology issues. The USCIS hopes to resolve those issues soon. USCIS is analyzing all the I-924A forms submitted by regional centers and will draft a report that includes regional center-specific information sometime this year. The USCIS acknowledged growing pains in determining what constitutes a “shovel-ready” project for EB-5 purposes. It hopes to address this issue later this year when it revises the I-924 form to provide greater consistency.
USCIS also released its latest data on EB-5 filings and regional centers (RCs):

• RC approvals continue to increase. As of January 28, 2012, there are 217 approved RCs operating in 40 states, including the District of Columbia and Guam.
• The agency reported 41 initial RC proposal filings in the first quarter of fiscal year (FY) 2012, compared to 192 initial filings in all of FY 2011 and 110 initial filings in all of FY 2010. The number of amended RC proposal filings was 17 by the end of the first quarter; there were 86 filings received for all of FY 2011 and 42 filings received for all of FY 2010.
• In the first quarter of FY 2012, the agency approved 14 of the 41 initial RC proposals and denied 22, an approval rate of 39 percent. In FY 2011, when USCIS approved 80 and denied 51, an approval rate of 61 percent. The approval rate of amended RC proposals in the first quarter of FY 2012 was 57 percent, with 4 approvals and 3 denials. By comparison, in FY 2011 USCIS approved 43 amended RC proposals and denied 7, an approval rate of 86 percent.
• USCIS also reported significant increases in individual I-526s and I-829s (Petition by Entrepreneur to Remove Conditions). In the first quarter of FY 2012, USCIS received 1,293 I-526 petitions, compared to 3,805 for all of FY 2011. USCIS received 250 I-829 petitions in the first quarter of 2012. By comparison, USCIS received 2,345 I-829 petitions in all of FY 2011.
• In the first quarter of FY 2012, the agency approved 1,076 I-526 petitions and denied 222, an approval rate of 83 percent, while in all of FY 2011 USCIS approved 1,563 and denied 11, an approval rate of 93 percent. USCIS approved 1,067 I-829 petitions and denied 46 in all of FY 2011, an approval rate of 96 percent.

The full list of RCs by state is available at http://www.uscis.gov/eb-5centers/.

The next USCIS stakeholder engagement meetings are scheduled for May 1, 2012 (general EB-5 discussion); July 26, 2012 (regional center discussion); and October 18, 2012 (general EB-5 discussion). See http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=e0138e0732344310VgnVCM100000082ca60aRCRD&vgnextchannel=e0b081c52aa38210VgnVCM100000082ca60aRCRD for additional details on the engagement meetings.

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3. New York City’s Newest Full-Service Immigration Office Opens in Queens

On January 20, 2012, U.S. Citizenship and Immigration Services (USCIS) opened its newest immigration field office in Queens, New York.

The new office, located at 27-35 Jackson Avenue, includes an Application Support Center (which offers fingerprinting and photographic services as part of the application process), a naturalization ceremony room, and interview and file rooms. The hours are 7 a.m. to 3:30 p.m. The Queens office is expected to serve about 500 people each business day.

Approximately 100 employees were transferred to the Queens office from the now-closed Garden City, Long Island, office. USCIS recently opened an additional office in Holtsville, Long Island.

The announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3ad54c23397f4310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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4. USCIS Announces 58 Countries Whose Nationals Are Eligible for H-2A and H-2B Participation

U.S. Citizenship and Immigration Services (USCIS) announced that the Department of Homeland Security (DHS), in consultation with the Department of State, has identified 58 countries whose nationals are eligible to participate in the H-2A (temporary agricultural) and H-2B (temporary nonagricultural) programs for the coming year. Each country’s designation is valid for one year from the date of publication.

USCIS generally may only approve H-2A and H-2B petitions for nationals of countries the Secretary of Homeland Security has designated as eligible to participate in the programs. USCIS may approve H-2A and H-2B petitions for nationals of countries not on the list if it is determined to be in the interest of the United States.

In addition to the 53 countries currently on the list, Haiti, Iceland, Montenegro, Spain, and Switzerland were designated for the first time this year.

Effective January 18, 2012, nationals of the following 58 countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

This new list does not immediately affect the status of beneficiaries who are currently in the United States in H-2A or H-2B status, unless they apply to change or extend their status.

The notice is available at http://www.gpo.gov/fdsys/pkg/FR-2012-01-18/pdf/2012-870.pdf.

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5. DHS Extends TPS Designation for El Salvador

The Department of Homeland Security (DHS) has extended the designation of El Salvador for temporary protected status (TPS) for 18 months from its current expiration date of March 9, 2012. The 18-month extension of the TPS designation of El Salvador is effective March 10, 2012, and will remain in effect through September 9, 2013. The 60-day re-registration period began January 9, 2012, and will remain in effect until March 9, 2012.

DHS determined that an extension is warranted because the conditions in El Salvador that prompted the TPS designation continue to be met. There continues to be a “substantial, but temporary,” disruption of living conditions in El Salvador resulting from a series of earthquakes in 2001, and El Salvador “remains unable, temporarily, to handle adequately the return of its nationals.”

The notice sets forth procedures necessary for nationals of El Salvador (or those having no nationality who last habitually resided in El Salvador) with TPS to re-register and to apply for an extension of their employment authorization documents (EADs) (Forms I-766) with U.S. Citizenship and Immigration Services (USCIS). Re-registration is limited to persons who previously registered for TPS under the designation of El Salvador and whose applications have been granted or remain pending. Certain nationals of El Salvador (or those having no nationality who last habitually resided in El Salvador) who have not previously applied for TPS may be eligible to apply under the late initial registration provisions.

USCIS said it will issue new EADs with a September 9, 2013, expiration date to eligible Salvadoran TPS beneficiaries who timely re-register and apply for EADs under this extension. DHS recognizes that all re-registrants may not receive new EADs until after their current EADs expire on March 9, 2012. Accordingly, the notice automatically extends the validity of EADs issued under the TPS designation of El Salvador for six months, through September 9, 2012, and explains how TPS beneficiaries and their employers may determine which EADs are automatically extended and their impact on the I-9 and E-Verify process.

The notice is available at http://www.gpo.gov/fdsys/pkg/FR-2012-01-11/pdf/2012-143.pdf.

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6. DOS Launches 90-Day Pilot Program Allowing Online Passport Card Applications

On January 24, 2012, the Department of State’s Office of Passport Services launched a 90-day pilot program allowing adult U.S. citizens living in the United States and Canada to apply for a passport card online. Those applying online are not required to mail in their current passport book. The wallet-sized U.S. passport card costs $30 for current passport book holders, and is valid for land and sea travel to and from Canada, Mexico, the Caribbean, and Bermuda. It is not valid for international air travel.

To participate in the program, applicants must currently possess a valid 10-year U.S. passport book with at least 12 months of validity remaining, upload an acceptable digital photograph, and make an online payment in U.S. dollars via Pay.gov. Applications accepted through the program will be subject to the same adjudication standards as in-person or mail-in applications.

The Department of State began producing the passport card in 2008 in response to travel document requirements imposed by the Western Hemisphere Travel Initiative. Since then, more than 4.5 million cards have been issued.

The notice is available at http://www.state.gov/r/pa/prs/ps/2012/01/182345.htm. To apply for the passport card using the online application, go to http://travel.state.gov/passport/ppt_card/ppt_card_5648.html.

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7. AAO Denies RC Application to Build Resort Suites

U.S. Citizenship and Immigration Services (USCIS) recently published an Administrative Appeals Office (AAO) decision affirming denial of a proposal for a regional center designation. The AAO found that the applicant’s proposal was a “marketing strategy to attract buyers for vacation suites rather than investors of capital in a new commercial enterprise.”

Specifically, the AAO said that the evidence incontrovertibly established that the applicant proposed that “investors” would purchase a vacation suite as either a “primary residence,” “second home,” or “investment property.” The AAO affirmed the California Service Center director’s determination that such a real estate purchase of a private residence, even if still under construction, “is not an at-risk investment of capital that can be credited with direct or indirect job creation.” The purchase of individual residential suites by alien “investors,” even if concentrated in one resort complex, is also not the type of “pooled investment” concept Congress envisioned for the regional center program, the AAO noted. In summary, the AAO said:

[T]he applicant has proposed an investment plan whereby alien investors would make independent, passive, personal real estate investments that garner them no equity ownership in a new commercial enterprise. Instead of presenting a plan for a pooled equity investment of capital into a new commercial enterprise, the applicant has merely put forth a marketing strategy to attract sufficient buyers to fund later phases of development. This plan does not meet the letter or spirit of [the law and regulations] designed to encourage pooled investments in a new commercial enterprise benefitting a geographic region.

The April 26, 2011, decision is available at http://www.uscis.gov/err/K1%20-%20Request%20for%20Participation%20as%20Regional%20Center/Decisions_Issued_in_2011/Apr262011_01K1610.pdf

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8. New Publications and Items of Interest

USCIS Ombudsman teleconference on L-1B “specialized knowledge” worker petitions. This teleconference on February 7, 2012, from 2 to 3 p.m. EST, presents an opportunity to learn about the experiences of employers filing L-1B nonimmigrant petitions with USCIS. The L-1B classification allows an employer to petition for an employee who has “specialized knowledge” of the employer’s products, services, research, equipment, techniques, management, or other interests and its application in international markets, or expertise in the employer’s processes and procedures, from a qualified affiliated entity outside the United States. The Ombudsman’s Office says it would like to hear about employers’ experiences with USCIS adjudications of “specialized knowledge” filings. Participants are encouraged to join this discussion by anonymously sharing their experiences during the teleconference. To register, RSVP to [email protected] and reference “L-1B Telecon” in the subject line of your e-mail. Participation in these teleconferences is anonymous. Comments, questions, materials, or suggestions regarding this topic should be directed via email to the Ombudsman’s Office at [email protected]. The notice, along with links to “recaps” from recent teleconferences, is available at http://www.dhs.gov/files/programs/gc_1171038701035.shtm.

CRS reports: numerical limits on employment-based immigration, temporary protected status, free trade agreements, globalization and worker insecurity, Visa Waiver Program. The Congressional Research Service has released several new reports:

• “Numerical Limits on Employment-Based Immigration: Analysis of the Per-Country Ceilings” notes that the overwhelming number of approved employment-based legal permanent resident (LPR) visas pending at the National Visa Center at the close of FY 2010 were those of professional and skilled workers—102,395. There were also 16,788 approved visas pending for unskilled workers. Another 6,738 visas were pending for those with advanced degrees. There were also 2,961 approved visas pending in the “extraordinary” category. Most of the approved I-485 petitions pending are for professional, skilled, and unskilled workers (114,442). There were 7,545 approved I-485 petitions pending in the “extraordinary” category and 45,573 approved I-485 petitions pending in the “advanced degree” category. The extent that these two sets of data overlap—and thus may be counting the same petitions twice—is not known, but substantial duplication is presumed to exist.

The report lists the top four countries in both the National Visa Center and USCIS data sets (in rank order): India, the Philippines, the Peoples’ Republic of China, and Mexico. The data analyses suggest that the vast number of Indians may be waiting to adjust status in the United States, while the vast number of Filipinos may be waiting to immigrate from abroad. Those with approved pending cases from China seem to be more evenly split among new arrivals and those seeking to adjust status.

Some argue that the per-country ceilings are arbitrary, the report notes, and that employability has nothing to do with country of birth. Others maintain that the statutory per-country ceilings restrain the dominance of high-demand countries and preserve the diversity of the immigrant flows.

Legislation (H.R. 3012) to revise the per-country ceilings on LPRs passed the House on November 29, 2011.

The report is available at http://www.fas.org/sgp/crs/homesec/R42048.pdf.

• “Temporary Protected Status: Current Immigration Policy and Issues” provides an overview of TPS and other forms of blanket relief. The report notes that the United States currently provides TPS or deferred enforced departure (DED) to over 300,000 foreign nationals from seven countries: El Salvador, Haiti, Honduras, Liberia, Nicaragua, Somalia, and Sudan. Liberians have had relief from removal for the longest period, first receiving TPS in March 1991 following the outbreak of civil war. The report is available at http://fpc.state.gov/c41253.htm.

• “Free Trade Agreements: Impact on U.S. Trade and Implications for U.S. Trade Policy” says that free trade agreements (FTAs) raise important policy issues: Do FTAs serve or impede U.S. long-term national interests and trade policy objectives? Which type of an FTA arrangement meets U.S. national interests? What should U.S. criteria be in choosing FTA partners? Are FTAs a substitute for or a complement to U.S. commitments and interests in promoting a multilateral trading system via the World Trade Organization (WTO)? What effect will the expiration of the Trade Promotion Authority have on the future of FTAs as a trade policy strategy? The report discusses pending and possible proposals for U.S. FTAs, relevant legislation, and other congressional interest in U.S. FTAs. The report is available at http://fpc.state.gov/documents/organization/179550.pdf.
• “Globalization, Worker Insecurity, and Policy Approaches” notes that globalization facilitated by the information technology revolution expands international trade in a wider range of services, but also subjects an increasing number of U.S. “white-collar” jobs to outsourcing and international competition. The current wave of globalization is supported by three broad trends, the report states: (1) technology, which has sharply reduced the cost of communication and transportation that previously divided markets; (2) a dramatic increase in the world supply of labor engaged in international trade; and (3) government policies that have reduced barriers to trade and investment. Recent research examines whether these trends are creating new vulnerabilities for workers. Because the relationship between globalization and worker insecurity is complicated and uncertain, a number of different approaches may be considered if the goal is to bolster public support for U.S. trade policies, globalization, and an open world economy, the report notes. Policies involving adjustment assistance, education, tax, and trade are most commonly proposed. The report points out the view of many economists that policies that inhibit the dynamism of labor and capital markets or erect barriers to international trade and investment would not be helpful because technology and trade are critical sources of overall economic growth and increases in the U.S. living standard. The report is available at http://fpc.state.gov/documents/organization/180691.pdf.
• “Visa Waiver Program” provides an overview of the requirements for eligibility and the history and current state of the Visa Waiver Program (VWP). The report also explains why several countries have been removed from the list of VWP countries, including Argentina and Uruguay, or placed on provisional (probationary) status, such as Belgium (which was placed on provisional status in 2003 but restored in 2005). The report is available at http://www.fas.org/sgp/crs/homesec/RL32221.pdf.

DOJ webinars on employment verification. The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices has announced upcoming monthly webinars on employment verification issues. Workers and worker advocates may join the monthly worker/advocate track webinar, and employers/HR professionals may join the monthly employer track webinar. The employer/HR webinars are scheduled for February 22, March 21, and April 30, 2012. The worker/advocate webinars are scheduled for February 9, March 13, and April 17, 2012. For more information or to register, see http://www.justice.gov/crt/about/osc/webinars.php.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

For more information or to order, visit http://www.greencardstories.com/.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration. Recent ABIL member blogs are available at http://www.abilblog.com/.

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9. Member News

Cyrus Mehta has published several new blog entries. “Drugs and Inadmissibility” is available at http://blog.cyrusmehta.com/2012/01/drugs-and-inadmissibility.html. “State Department’s Visa Office Takes Broader View of ‘Sought to Acquire’ Provision Under the Child Status Protection Act” is available at http://blog.cyrusmehta.com/2012/01/state-departments-visa-office-takes.html. “Edge Says Indian 2-Year Master’s Degree Following 4-Year Bachelor’s Is Not Equivalent to U.S. Master’s Degree” is available at http://blog.cyrusmehta.com/2012/01/edge-says-indian-4-year-bachelors.html.

Angelo Paparelli has published several new blog entries. “I Hate [Bleep]ing Immigration Law” – Whenever I Get an Unjust Request for Evidence” is available at http://www.nationofimmigrators.com/uscis/i-hate-bleeping-immigration-law—-whenever-i-get-an-unjust-request-for-evidence/. “Powdered Wig Immigration With the Lawyer as Potted Plant” is available at http://www.nationofimmigrators.com/2012/01/. “The DHS Inspector General Report on Fraud Detection at USCIS: Pious Immigration Baloney” is available at http://www.nationofimmigrators.com/2012/01/.

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10. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. ETA Announces 2012 Adverse Effect Wage Rates for H-2A Workers – The AEWRs range from a low of $9.30 per hour in Mississippi and Louisiana to a high of $12.26 per hour in Hawaii.

2. USCIS Changes Stand-Alone I-130 Filing Locations – USCIS has changed the filing locations for Form I-130, Petition for Alien Relative.

3. California Steel Foundry Fires a Third of Its Workers After I-9 Audit – The audit had identified about 200 employees allegedly working without legal status.

4. Justice Dept. Accuses Arizona Sheriff of Civil Rights Violations; Federal Judge Issues Ruling – A Civil Rights Division investigation found that the Maricopa County Sheriff’s Office engages in racial profiling of Latinos and unlawfully retaliates against individuals who criticize MCSO’s policies or practices; and a federal judge ruled that MCSO’s deputies may not detain people based solely on the suspicion that they may be in the U.S. illegally.

5. USCIS Ombudsman Now Requires Form DHS 7001 for EAD Cases – Those who have already submitted an EAD case inquiry do not need to submit the DHS 7001, but the form must be completed for all future inquiries.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. Member News – Member News

8. Government Agency Links – Government Agency Links

Details:

1. ETA Announces 2012 Adverse Effect Wage Rates for H-2A Workers

On December 22, 2011, the Department of Labor’s Employment and Training Administration (ETA) announced the 2012 adverse effect wage rates (AEWRs) for the employment of temporary or seasonal nonimmigrant foreign workers to perform agricultural labor or services (H–2A workers). AEWRs are the minimum wage rates employers must offer and pay to H–2A workers and workers in corresponding employment for a particular occupation and area so that the wages of similarly employed U.S. workers will not be adversely affected. The Department’s H–2A regulations provide that employers must pay their H–2A workers and workers in corresponding employment at least the highest of: (i) the AEWR; (ii) the prevailing wage; (iii) the prevailing piece rate; (iv) the agreed-upon collective bargaining wage, if applicable; or (v) the federal or state minimum wage in effect at the time the work is performed.

The AEWRs range from a low of $9.30 per hour in Mississippi and Louisiana to a high of $12.26 per hour in Hawaii.

The notice is available at http://www.gpo.gov/fdsys/pkg/FR-2011-12-22/pdf/2011-32842.pdf.

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2. USCIS Changes Stand-Alone I-130 Filing Locations

U.S. Citizenship and Immigration Services (USCIS) announced that effective January 1, 2012, it has changed the filing locations for Form I-130, Petition for Alien Relative. Domestic petitioners should mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States.

There will be no change in filing locations when submitting an I-130 along with Form I-485, Application to Register Permanent Residence or Adjust Status. Individuals filing these forms together should continue to mail them to the Chicago Lockbox facility. Petitioners filing from overseas addresses in countries without USCIS offices should also continue to file at the Chicago Lockbox facility. Petitioners residing in a country with a USCIS office may send their I-130s to the Chicago Lockbox, or may file their I-130s at the international USCIS office having jurisdiction over the area where they live.

Those who submit their I-130 packages to the incorrect Lockbox location may experience a delay in processing. The new filing locations are available on the Form I-130 Direct Filing Locations webpage at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6583ecb23683a210VgnVCM100000082ca60aRCRD&vgnextchannel=fe529c7755cb9010VgnVCM10000045f3d6a1RCRD.

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3. California Steel Foundry Fires a Third of Its Workers After I-9 Audit

Pacific Steel Casting Company, based in Berkeley, California, has fired about a third of its workers after U.S. Immigration and Customs Enforcement (ICE) conducted an I-9 work authorization audit in February 2011 and identified about 200 employees allegedly working without legal status.

Elisabeth Jewel, a Pacific Steel spokesperson, said, “It’s terribly disruptive. We have highly trained employees and to lose them is very damaging.” In some cases, the workers had been with the company for decades and have children in local schools who are growing up in the United States.

The Berkeley City Council passed a resolution in June noting that the targeted workers are skilled and “inject hundreds of thousands of dollars into our local economy each month and support other businesses and families. The company and the workers pay taxes that support local schools and services.” The council noted that Pacific Steel’s suppliers could also be harmed by the action, and that the audit and consequent firing of the workers will force them “into an underground economy where illegal wages and conditions are prevalent.” Pacific Steel is the fourth largest foundry in the United States.

In a related action, the American Civil Liberties Union and several unions filed a Freedom of Information Act (FOIA) request in September 2011 seeking records relating to I-9 audits and “silent raids” such as the one ICE conducted on Pacific Steel. An ICE spokesperson reportedly said that in fiscal year 2011, ICE criminally charged 221 owners, employers, managers, or supervisors; conducted more than 2,496 I-9 audits; and initiated 3,291 worksite enforcement investigations, all up from 2010 numbers.

The Berkeley City Council resolution is available at http://www.ci.berkeley.ca.us/uploadedFiles/Clerk/Level_3_-_City_Council/2011/06Jun/2011-06-28_Item_41_Urging_the_U.S._Department_of_Homeland_Security.pdf. The FOIA request is available at http://www.aclunc.org/news/press_releases/asset_upload_file731_10448.pdf.

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4. Justice Dept. Accuses Arizona Sheriff of Civil Rights Violations; Federal Judge Issues Ruling

Thomas E. Perez, U.S. Assistant Attorney General, sent a letter on December 15, 2011, to the Maricopa County Attorney, Bill Montgomery, accusing the Maricopa County Sheriff’s Office (MCSO) in Arizona of engaging in a “pattern or practice of unconstitutional policing.”

Meanwhile, a federal judge ruled on December 23, 2011, that Maricopa County’s deputies may not detain people based solely on the suspicion that they may be in the United States illegally. U.S. District Judge Murray Snow noted, among other things, that Sheriff Arpaio “has made public statements that a fact-finder could interpret as endorsing racial profiling.” A separate federal grand jury investigation of the MCSO related to criminal abuse of power continues.

Mr. Perez’s letter notes that a Civil Rights Division investigation found that MCSO engages in racial profiling of Latinos; unlawfully stops, detains, and arrests Latinos; and unlawfully retaliates against individuals who complain about or criticize MCSO’s policies or practices. MCSO’s “deputies, supervisory staff, and command staff” perpetrated the alleged violations.

The Civil Rights Division also found reasonable cause to believe that MCSO operates its jails in a manner that discriminates against limited English proficient (LEP) Latino inmates, who it said are punished “routinely” for failing to understand commands given in English and are denied critical services provided to other inmates.

The investigation uncovered a number of instances in which MCSO initiated immigration-related crime suppression activities in the community after receiving complaints that described no criminal activity, but rather referred to circumstances such as individuals with “dark skin” congregating in one area, or individuals speaking Spanish at a local business. “The use of these types of bias-infected indicators as a basis for conducting enforcement activity contributes to the high number of stops and detentions lacking in legal justification,” Mr. Perez said.

Mr. Perez noted that the bias affects MCSO from the top down. Maricopa County Sheriff Arpaio, for example, labeled as “intelligence” a letter explicitly equating skin color with law-breaking and instructed a subordinate to address it. Such instances “are striking examples of how Sheriff Arpaio has promoted a culture of bias in his organization and clearly communicated to his officers that biased policing would not only be tolerated, but encouraged.”

The Civil Rights Division also found that MCSO deputies are encouraged to make high-volume pretextual traffic stops in targeted locations. “We have identified and interviewed Latinos who, though legally present in the United States, were arrested or detained without cause as a consequence of these operations.” Further, MCSO’s Criminal Employment Squad (CES) deputies, tasked with interdicting undocumented persons by enforcing state forgery and identity theft statutes, “routinely raid businesses in a manner that harms innocent Latino workers. Specifically, CES’s deputies typically detain and investigate the immigration status of all employees at a raided worksite, whether or not the employees are listed in the warrant authorizing the raid. The CES targets worksites where most, if not all, of the employees are Latino,” the letter states.

MCSO officials also have resorted to official harassment to silence critics, the letter says. For example, former Chief Deputy David Hendershott filed “unfounded complaints” with the Arizona State Bar against five attorneys, alleging ethical violations. The attorneys had publicly criticized MCSO’s tactics. Similarly, Mr. Hendershott, acting in his official capacity, filed complaints with the Arizona Commission on Judicial Conduct against judges who had publicly criticized MCSO and Sheriff Arpaio or had rendered decisions deemed detrimental to MCSO’s interests. All of the bar and judicial complaints were dismissed as insufficient to warrant an investigation, the letter notes, adding that Sheriff Arpaio participated as a named plaintiff in a civil federal racketeering suit filed against the same targeted judges and a number of other county officials. The claims against the judges echoed the complaints Hendershott had filed; the suit eventually was abandoned. “The arrests and harassment undertaken by MCSO have been authorized at the highest levels of the agency and constitute a pattern of retaliatory actions intended to silence MCSO’s critics,” Mr. Perez noted.

These violations, along with the absence of clear policies and procedures to ensure effective and constitutional policing and oversight, “have contributed to a chronic culture of disregard for basic legal and constitutional obligations,” Mr. Perez said, adding that the Civil Rights Division found “additional areas of serious concern,” including MCSO deputies using excessive force against Latinos, and MCSO’s implementing its immigration enforcement program in a way that has created a “wall of distrust” between MCSO officers and Maricopa County’s Latino residents, and that “has significantly compromised MCSO’s ability to provide police protection” to residents.

Mr. Perez told Maricopa County that effective resolution of these issues will require a comprehensive written agreement along with federal judicial oversight. “We prefer to resolve this matter without resort to further litigation, although we will not hesitate to file suit, if necessary,” the letter states, setting a deadline of January 4, 2012, for a response to an invitation for “constructive dialogue.” Mr. Perez noted that the Civil Rights Division’s investigation was delayed when MCSO “repeatedly refused to provide the United States with access to pertinent material and personnel,” which was resolved by means of a lawsuit.

MCSO released Sheriff Arpaio’s response implying that political motivations of the Obama administration and Congressional Democrats are behind the actions and noting, among other things, that “2 Democrat Latino US Congress men from Arizona, joined by several other Latino Legislatures want me to resign my office. All of these same Democratic elected officials, throughout the years, have been criticizing my enforcement of State and Federal Illegal immigration laws.” Conversely, Sheriff Arpaio noted, “Candidates for President of the United States – Herman Cain and Michelle Bachmann recently visited me in my office, Texas Governor Rick Perry and Mitt Romney also called me – all interested in my successful enforcement of illegal immigration and asked for my endorsement. Recently in New Hampshire, I endorsed Texas Governor Rick Perry for President of the United States.” (Typographical errors in original.)
Mr. Perez’s letter includes a description of the findings, a legal discussion, and remedial measures required, such as training for deputies; establishment of policies and procedures; data collection and risk management; developing and implementing a complaint, investigation, and disciplinary system; a comprehensive language access program for LEP individuals in jail and in the community; and community outreach. The letter is available at http://www.justice.gov/crt/about/spl/documents/mcso_findletter_12-15-11.pdf. Sheriff Arpaio’s response is available at http://www.mcso.org/MultiMedia/PressRelease/DOJ%20presser%20response%20121511.pdf.

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5. USCIS Ombudsman Now Requires Form DHS 7001 for EAD Cases

U.S. Citizenship and Immigration Services’ Ombudsman’s Office requests that those submitting case inquiries complete Form DHS 7001, Case Problem Submission Worksheet, for all cases, including those related to applications for an employment authorization document (EAD). The Ombudsman is requiring completion of the DHS 7001 to comply with applicable privacy rules. In the past, the Ombudsman allowed case inquiries without the DHS 7001 regarding EAD applications falling outside normal processing times. For same-day submission in urgent cases, the Ombudsman encourages people to use Ombudsman Online Case Assistance when submitting inquiries. Those who have already submitted an EAD case inquiry do not need to submit the DHS 7001, but must complete the form for all future inquiries.

The DHS 7001 is available at http://www.dhs.gov/xlibrary/assets/cisomb_dhsform7001.pdf or may be completed online at https://cisombvos.dhs.gov/vos/form7001.aspx (Ombudsman Online Case Assistance).

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6. New Publications and Items of Interest

OIG report on New Delhi embassy. The Department of State’s Office of Inspector General has published a report on the embassy in New Delhi, India, and constituent posts. Among the recommendations are several for ensuring uniform adjudications of H visa applications and revocation of H petitions. The report notes that because of the rapidly expanding bilateral relationship between the United States and India, and the growing Indian economy, the nonimmigrant visa workload could double by 2020. The OIG recommends that stakeholders in the Department of State initiate long-range workload planning and a long-term strategic plan for facilities in India, including the possibility of more posts. The report is available at http://oig.state.gov/documents/organization/169305.pdf.

ABIL Global Comparative Investment & Immigration Options Webinar. The Alliance of Business Immigration Lawyers (ABIL) will present a webinar, “ABIL Global Comparative Investment & Immigration Options,” on January 12, 2012, at 12 a.m. EST/5 a.m. GMT. This webinar will help guide investors and entrepreneurs who are looking for options in various countries. ABIL will cover the immigration options through investment in Australia, Canada, the United Kingdom, and the United States. All participants will receive a file with the PowerPoint presentation, relevant articles, and resources before the webinar, as well as a recording of the webinar afterwards. The cost is $50 to participate live or to receive the recorded version of the webinar. Register at https://securec9.ezhostingserver.com/abil-com/abil_global_comparative_webinar_signup.cfm. For more information, contact Lauren Anderson at [email protected].

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

For more information or to order, visit http://www.greencardstories.com/.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration.

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7. Member News

Charles Kuck wrote an op-ed that was published in the December 28, 2011, edition of the Atlanta Journal Constitution. “Path to Legality Falls Way Short” is available at http://www.ajc.com/opinion/path-to-legality-falls-1278722.html.

Cyrus Mehta has published a new blog entry. “It’s 9:00 A.M. – Do You Know Where Your H-1B Employee Is? An Overview of FDNS Site Visits” is available at http://cyrusmehta.blogspot.com/2011/12/its-9oo-am-do-you-know-where-your-h-1b.html.

Angelo Paparelli has published several new blog entries. “The 2011 Nation of Immigrators Awards – the IMMIs” was published at http://t.co/h43UjSyI. “The Immigration Appeaser-in-Chief Should Try Some New Ammunition” is available at . “Immigration Governance Unmasked” is available at .

Mr. Paparelli was recently quoted in the Los Angeles Times and in an Associated Press video about his client, an ex-slave from Egypt and now a U.S. citizen, Shyima Hall. The article is available at http://www.latimes.com/news/local/la-me-1216-shyima-hall-20111216,0,1583100.story and the video is available via Huffington Post at http://www.huffingtonpost.com/2011/12/15/shymia-hall-citizen_n_1151877.html?.

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8. Government Agency Links

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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Headlines:

1. H-1B Cap Reached for FY 2012 – Petitions for new employment of an H-1B will not be accepted again until April 1, 2012.

2. House Votes To End Per-Country Limits on Employment-Based Immigration Visas – The measure could benefit skilled Indian and Chinese workers and high-tech companies in the United States.

3. Labor Dept. Current on PERM, H-1B Prevailing Wage Determinations – In the PERM and H-1B programs, the Labor Department considers a prevailing wage determination “current” if it is issued within 60 days of submission.

4. Justice Dept. Sues Utah Over Immigration Law – DOJ argued that Utah’s law is unconstitutional and mandates immigration enforcement measures that interfere with the immigration priorities and practices of the federal government.

5. State Dept. Seeks Comments on New Exchange Visitor Summer Work Travel Verification Form – The form will be completed by designated program sponsors, and one is required for each summer work travel participant.

6. State Dept. Announces Progress on ‘Historic’ Visa Agreement With Russia – The visa agreement has advanced one step closer to entry into force.

7. Student and Exchange Visitor Update: F, M, J Visa Processing Resumes Worldwide; Expedited Processing, Record Numbers of Students Announced – International students attending U.S. colleges and universities rose to a record number in the 2010-2011 academic year.

8. Labor Dept. Inspector General Identifies ‘Integrity of Foreign Labor Certification Programs’ as a Top Management Challenge – The OIG said that investigations “continue to uncover schemes carried out by immigration attorneys, labor brokers, and transnational organized crime groups.”

9. OSC Releases Info on Enforcement, Policy, Trends; Launches Webinar – OSC said its enforcement work has been bolstered by a rise in referrals of potential discrimination from entities such as the Department of Labor, legal aid bureaus, and immigrant advocacy organizations.

10. USCIS Reminds Haitians That They May File Late for TPS – USCIS reminded eligible Haitians (and persons without nationality who last habitually resided in Haiti) who have not filed their TPS applications to follow guidance about late filing.

11. ABIL Global: Clarification in Scope of Some Peruvian Immigration Rules – Changes do not occur often in Peruvian immigration law. Recently, however, a few notable changes took place.

12. New Publications and Items of Interest – New Publications and Items of Interest

13. Member News – Member News

14. Government Agency Links – Government Agency Links

Details:

1. H-1B Cap Reached for FY 2012

U.S. Citizenship and Immigration Services (USCIS) announced that it has received a sufficient number of H-1B petitions to reach the statutory numerical limit (cap) of 65,000 for fiscal year (FY) 2012. November 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012. Properly filed cases are considered received on the date that USCIS physically receives the petition, not the date that the petition was postmarked.

As of October 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

• extend the amount of time a current H-1B worker may remain in the U.S.;
• change the terms of employment for current H-1B workers;
• allow current H-1B workers to change employers; and
• allow current H-1B workers to work concurrently in a second H-1B position.

Petitions for “new employment” of an H-1B, that is, for employment of a person who is not yet in H-1B status for another employer, will not be accepted again until April 1, 2012. Those petitions received after April 1, 2012, must request employment starting October 1, 2012, so that they will be subject to next year’s cap (FY 2013).

Global employers now affected by the U.S. cap may want to consider hiring potential H-1B employees to work in other countries. Contact your Alliance of Business Immigration Lawyers attorney for guidance in specific cases.

The USCIS announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=f0a78614e90d3310VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

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2. House Votes To End Per-Country Limits on Employment-Based Immigration Visas

On November 29, 2011, the U.S. House of Representatives voted 389-15 in favor of ending per-country numerical limits (caps) on employment-based visas. The bill does not raise the number of such visas issued, but would eliminate the current provision stating that employment-based visas issued cannot exceed seven percent of the total for any one country. The measure could benefit skilled Indian and Chinese workers and high-tech companies in the United States.

Similar legislation is pending in the Senate. For the text of the bill, H.R. 3012, see http://www.gpo.gov/fdsys/pkg/BILLS-112hr3012rh/pdf/BILLS-112hr3012rh.pdf.

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3. Labor Dept. Current on PERM, H-1B Prevailing Wage Determinations

The Department of Labor’s Office of Foreign Labor Certification recently announced that PERM and H-1B prevailing wage determinations are now current. H-2B prevailing wage determinations are expected to become current imminently.

The Department explained that “current” has a different meaning depending on the program. In the PERM and H-1B programs, a prevailing wage determination is considered current when it is issued within 60 days of submission. For H-2B prevailing wage determinations, “current” is within 30 days of submission. The PERM program became current the week of October 23, 2011, and the H-1B program became current the week of November 6, 2011. The Department noted that the dates may be subject to change based on unanticipated actions, such as any additional judicial determinations or legislative actions. The agency added that appeals are being processed as resources allow, with priority placed on becoming current on initial prevailing wage determination requests.

The notice is available under “November 17, 2011,” at http://www.foreignlaborcert.doleta.gov/news.cfm.

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4. Justice Dept. Sues Utah Over Immigration Law

On November 22, 2011, the Department of Justice and several other agencies filed suit against Utah’s new immigration-related law, after similar recent lawsuits against Arizona, Alabama, and South Carolina’s laws.

In a complaint filed in the District of Utah, the Department argued that several provisions of Utah’s H.B. 497, enacted on March 15, 2011, are preempted by federal law. The Department said its lawsuit comes after several months of “constructive discussions” with Utah state officials and that, notwithstanding the lawsuit, Department officials “expect this important dialogue to continue.”

The complaint states that H.B. 497 violates the U.S. Constitution because it attempts to establish state-specific immigration policy. According to a related statement released by the Department, Utah’s law “creates and mandates immigration enforcement measures that interfere with the immigration priorities and practices of the federal government in a way which is not cooperative with the primary federal role in this area.” Among other things, the Department argues that the law’s mandates on law enforcement “could lead to harassment and detention of foreign visitors and legal immigrants who are in the process of having their immigration status reviewed in federal proceedings and whom the federal government has permitted to stay in this country while such proceedings are pending.”

“A patchwork of immigration laws is not the answer and will only create further problems in our immigration system,” said Attorney General Eric Holder. “The federal government is the chief enforcer of immigration laws and while we appreciate cooperation from states, which remains important, it is clearly unconstitutional for a state to set its own immigration policy. We will continue to monitor and coordinate with our federal partners as we remain concerned about the potential impact of these state laws.”

Department of Homeland Security Secretary Janet Napolitano said legislation such as Utah’s new law “diverts critical law enforcement resources from the most serious threats to public safety and undermines the vital trust between local jurisdictions and the communities they serve. The Department will continue to enforce federal immigration laws in Utah in smart, effective ways that focus our resources on criminal aliens, recent border crossers, repeat and egregious immigration law violators and employers who knowingly hire illegal labor.”

The Department recently notified Utah state officials of its position that Utah’s “Immigrant Guest Worker” statutes, H.B. 116 and H.B. 469, are preempted by federal law. Given that the provisions do not take effect until 2013, and “in light of the constructive conversations the department continues to have with Utah officials about these provisions pursuant to the Justice Department’s long-standing policy of exploring resolution short of litigation before filing suit against a state,” the Department said it is not challenging these provisions now. If Utah fails to comply with federal law in this area, however, “the department will not hesitate to take the legal action necessary to vindicate the important federal interests in this matter before these laws go into effect.”

The suit was filed on behalf of the Departments of Justice, Homeland Security, and State, which share responsibilities in administering federal immigration law. The federal government will soon request a preliminary injunction to enjoin enforcement of certain provisions of H.B. 497. Utah’s Republican state Rep. Stephen Sandstrom, who sponsored H.B. 497, said he was disappointed, but Utah’s Attorney General Mark Shurtleff acknowledged that the focus only on an enforcement measure rather than also including the guest worker provisions in the suit demonstrated the Department’s willingness to continue dialogue. “We’re now adversaries in the courtroom but we’re going to continue to discuss this with them,” he said.

Mexico’s Foreign Relations Department released a statement welcoming the news of the suit. “The HB 497 law criminalizes migration and opens the door to possible improper application of the law by local authorities. If it takes effect, it could affect the human and civil rights of Mexicans who visit or live in that state,” the statement said.

The Justice Department previously challenged Arizona’s S.B. 1070, Alabama’s H.B. 56, and South Carolina’s Act No. 69 on federal preemption grounds. The agency said it continues to review immigration-related laws that were passed in Indiana and Georgia. Courts have upheld some provisions but enjoined others and have temporarily restrained enforcement of Utah’s law pending a hearing scheduled for December 2, 2011.

The Department’s statement is available at http://www.justice.gov/opa/pr/2011/November/11-ag-1526.html.

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5. State Dept. Seeks Comments on New Exchange Visitor Summer Work Travel Verification Form

The Department of State’s Bureau of Educational and Cultural Affairs, which administers the exchange visitor (J visa) program, seeks comments on a new Summer Work Travel Job Placement Verification Form.

The form will be completed by designated program sponsors, and one is required for each summer work travel participant. It will include the employer, address of the employment site, job duties, whether the participant will receive any remuneration for housing and living expenses (and, if so, the amount), and estimates of the living expenses and other costs the participants are likely to incur while in the United States. The form must be signed by the participant, the sponsor, and the third party employer, if a third party organization is used in conducting the summer work travel program. The form will be submitted to the Department by mail or fax as requested during the review of program sponsor files, redesignations, or incidents. Upon request, summer work travel applicants also must present a fully executed Job Placement Verification Form (DS-7007) to any consular official interviewing them in connection with the issuance of a J-1 visa.

The Department seeks public comments to help the agency:

• evaluate whether the proposed information collection is necessary for the effective administration of the summer work travel category of the exchange visitor program;
• evaluate the accuracy of its estimate of the burden of the proposed collection, including the validity of the methodology and assumptions used;
• enhance the quality, utility, and clarity of the information to be collected on the form; and
• minimize the reporting burden on those who are to respond, including the use of automated collection techniques or other forms of technology.

The Department estimates that approximately 51 respondents (entities designated by the Department as exchange visitor program sponsors in the Summer Work Travel category, and U.S. businesses that provide the employment opportunity) will take about an hour each to complete the form.

Comments will be accepted up to 60 days after November 28, 2011. The notice, which includes details about where to submit comments, is available at http://www.gpo.gov/fdsys/pkg/FR-2011-11-28/pdf/2011-30521.pdf.

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6. State Dept. Announces Progress on ‘Historic’ Visa Agreement With Russia

Secretary of State Clinton and Russian Foreign Minister Lavrov exchanged diplomatic notes during their November 19, 2011, meeting in Bali on the new agreement on visas announced on July 13, 2011. The exchange of notes advances the visa agreement one step closer to entry into force. Under Russian law, the Duma must next ratify the agreement. Following ratification, the parties will exchange a second set of notes confirming that their internal procedures for entry into force have been completed. The agreement will come into force 30 days after that exchange.

The Department called the visa agreement “historic.” It will allow tourists and business travelers from the United States and Russia to receive visas with longer validity periods of 36 months, and for multiple entries.

The announcement is available at http://www.state.gov/r/pa/prs/ps/2011/11/177398.htm.

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7. Student and Exchange Visitor Update: F, M, J Visa Processing Resumes Worldwide; Expedited Processing, Record Numbers of Students Announced

The Department of State recently identified difficulties with its Consolidated Consular Database (CCD) communications with the Student and Exchange Visitor Program’s (SEVP) Student and Exchange Visitor Information System. The Department discovered this issue on November 14, 2011, and subsequently instructed embassies and consulates worldwide to halt, temporarily, the issuance of all F, M and J visas. SEVP and the Department subsequently resolved the difficulties as of November 18, 2011, and the Department instructed embassies and consulate to resume issuing F, M, and J visas immediately.

Separately, the Department of State announced in conjunction with International Education Week on November 14, 2011, that “[a]ll U.S. embassies and consulates expedite visa processing for foreign students to ensure qualified students are able to begin their academic program on time.” Worldwide, the maximum wait for a student visa appointment is now fewer than 15 days, the Department said. Foreign students may apply for their visas up to 120 days before their academic programs begin. The Department encourages all visa applicants to apply early.

According to the Institute of International Education (IIE), international students attending U.S. colleges and universities rose to a record 723,277 in the 2010-2011 academic year. The five percent rise over the previous academic year was fueled by a sharp increase in the number of Chinese students coming to the United States. Chinese students increased by 23 percent altogether and by 43 percent at the undergraduate level. IIE reported that Chinese student enrollment rose to a total of nearly 158,000 students, or nearly 22 percent of the total international student population in the United States, making China the leading sending country for the second year in a row. Students from India, the second largest international cohort in the United States, decreased by one percent to a total of nearly 104,000, IIE said. IIE noted Department of Commerce statistics showing that international students contribute more than $21 billion to the U.S. economy through tuition and living expenditures.

For the tenth year in a row, the University of Southern California is the leading host institution, with 8,615 international students in academic year 2010/11, IIE reported. University of Illinois at Urbana-Champaign hosts the second highest number of foreign students (7,991), with New York University a close #3 (7,988). California remains the leading host state for international students (96,535, up 2 percent), followed by New York (78,888, up 4 percent), and Texas (61,636, up 5 percent).

The notice announcing resumption of F, M, and J issuances is available at http://www.nafsa.org/uploadedFiles/BM%20111-02%20combined.pdf. The notice announcing expedited student visa processing is available at http://www.state.gov/r/pa/prs/ps/2011/11/177132.htm. The notice announcing the IIE statistics and trends on international students is available at http://www.iie.org/en/Who-We-Are/News-and-Events/Press-Center/Press-Releases/2011/2011-11-14-Open-Doors-International-Students.

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8. Labor Dept. Inspector General Identifies ‘Integrity of Foreign Labor Certification Programs’ as a Top Management Challenge

The Department of Labor’s Office of the Inspector General (OIG) has identified maintaining the integrity of foreign labor certification programs among the “most serious management and performance challenges facing the Department.”

The OIG said that investigations “continue to uncover schemes carried out by immigration attorneys, labor brokers, and transnational organized crime groups.” OIG investigations have repeatedly revealed “fraudulent applications filed with DOL on behalf of fictitious companies, as well as schemes wherein fraudulent applications were filed using the names of legitimate companies without the companies’ knowledge.” Additionally, OIG investigations have uncovered complex schemes involving fraudulent labor certification documents filed in conjunction with or in support of similarly falsified identification documents required by other federal and state organizations, the OIG said.

The OIG noted that the Employment and Training Administration (ETA), which administers the programs, faces challenges in maintaining the integrity of its H?1B and H?2B labor certification programs. The H?1B challenges include statutory limits on the ETA’s authority, making system improvements in H?1B labor condition application processing system to better identify incomplete and/or inaccurate applications, and uncertainty about the process for including individuals or entities debarred under the Department’s labor certification programs on the government-wide excluded parties lists.

Present H?2B worker protections are based on a model where employers merely assert, but do not demonstrate, that they have performed an adequate test of the U.S. labor market before hiring foreign workers in lieu of U.S. workers, the OIG said. An OIG report issued in October 2011 found that Department regulations had hampered ETA’s ability to provide adequate protections for U.S. workers in the H?2B applications filed by four Oregon forestry employers. Although the employers contacted 187 U.S. workers regarding possible employment, none were hired. Instead, 323 foreign workers were brought into the United States for these jobs. The OIG also found that certain state workforce agencies did not fulfill their responsibilities with respect to H?2B applications the OIG reviewed.

The OIG also found that ETA could improve its initial application reviews, post?adjudication processes, and monitoring activities to better protect the interests of U.S. workers. Also, the OIG noted that the state workforce agencies it reviewed were not transmitting posted job orders to other states or referring U.S. workers to employers as required.

The OIG said that ETA’s Fraud Detection and Prevention Unit continues to work closely with the OIG to identify and reduce fraud in the labor certification process by reviewing applications for inconsistencies, errors, and omissions. ETA has revised the rule for determining prevailing wage rates and proposed new rules governing the H?2B process. The OIG noted the major features of the new proposed rules, including creating a national electronic job registry for all H?2B job orders; increasing the amount of time for which U.S. workers must be recruited; requiring employers to engage in post?filing recruitment of U.S. workers; creating an H?2B registration process in which employers must demonstrate temporary need before applying for labor certification; reinstating the critical role of the state workforce agencies in assisting employers by using their expertise on local labor market conditions and recruitment patterns; and strengthening debarment authorities by providing the Wage and Hour Division with independent debarment authorities and providing revocation authority to ETA.

To address the H?1B challenges, ETA has entered into a contract with a third?party vendor for employer verification services, the OIG noted. Through this service, ETA is expected to have access to a more comprehensive employer identification database and verification system. This service will be applied to all labor certifications, the OIG said.

In addition, ETA is working with the Department’s Chief Acquisition Officer on ways to include foreign labor certification suspensions and debarments on the government?wide excluded parties list.

Finally, ETA is piloting a new risk management model in its permanent labor certification program (PERM). According to ETA, this new risk management model allows ETA to assign risk ratings to applicants and spend an appropriate amount of time reviewing the higher-risk applications, reducing overall reviewing time frames. ETA officials also told the OIG that the new model will eventually be applied to the rest of the foreign labor certification programs.

The OIG said the Department needs to reexamine its certification processes and results to assess effectiveness. Also, the Department needs to enhance its monitoring of the H?2B application process to ensure that state workforce agencies and employers are fully complying with program requirements and intentions and make adjustments to enhance the integrity of its employer verification services by fully implementing electronic employer verification controls to the H?1B program and the remaining foreign labor certification programs. The OIG said that the Department should ensure that it considers suspensions and debarments, and documents decisions, for any entity convicted of violations. It also should ensure that such debarments are reported to appropriate Department personnel for inclusion in the government?wide exclusion system.

The OIG’s list of challenges, which includes explanations of why each entry made the list, is available at http://www.oig.dol.gov/public/topchallenges/2011.pdf.

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9. OSC Releases Info on Enforcement, Policy, Trends; Launches Webinar

November 6, 2011, marked the 25th anniversary of the passage of the Immigration Reform and Control Act, which created the Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC). To mark the occasion, OSC issued a commemorative newsletter featuring OSC’s enforcement, policy, and outreach trends and antidiscrimination efforts. Among other things, the newsletter notes that in 2011, OSC collected over $735,000 in civil penalties from employers. Fiscal year 2011 included OSC’s largest civil penalty amount to date, $290,400.

OSC said its enforcement work has been bolstered by a rise in referrals of potential discrimination from entities such as the U.S. Department of Labor (DOL), legal aid bureaus, and immigrant advocacy organizations. For example, OSC has received a number of referrals from DOL regarding agricultural employers believed to have a preference for hiring H-2A visa holders over domestic workers. Recently, OSC has renewed its dialogue with the Equal Employment Opportunity Commission and with DOL’s Office of Federal Contract Compliance Programs to ensure that appropriate referrals are made in a timely fashion. It has also initiated discussions with DOL’s Wage and Hour Division to identify appropriate cross-agency referrals.

OSC noted that its settlement agreements now routinely include back pay for identified economic victims along with training and monitoring. OSC has also pursued a rising number of pattern or practice claims, including claims involving citizenship status discrimination and “document abuse” (discriminatory employment eligibility verification practices). OSC’s recent settlements have involved the healthcare field and institutions of higher education more often than in the past.

Recognizing the need for closer interagency collaboration, on March 17, 2010, OSC and U.S. Citizenship and Immigration Services signed a Memorandum of Agreement providing for enhanced information-sharing and case referrals regarding the misuse, abuse, or fraudulent use of E-Verify and allegations of E-Verify-related employment discrimination. Through this information-sharing agreement, OSC has obtained E-Verify transactional data to investigate allegations of discrimination in the use of E-Verify.

In December, OSC will launch a webinar series on the antidiscrimination provisions of the Immigration and Nationality Act. See OSC’s webinar page, http://www.justice.gov/crt/about/osc/webinars.php, to sign up for a webinar directed at workers or employers, or to suggest a topic for a future webinar. E-mail [email protected] to arrange a webinar at another time for your organization.

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10. USCIS Reminds Haitians That They May File Late for TPS

U.S. Citizenship and Immigration Services (USCIS) recently reminded eligible nationals of Haiti (and persons without nationality who last habitually resided in Haiti) who have not filed their temporary protected status (TPS) applications to follow guidance about late filing.

Haiti was originally designated for TPS in January 2010 in response to a catastrophic earthquake, and was re-designated in May 2011. The registration period for individuals filing for TPS for the first time ended on November 15, 2011. The re-registration filing period for individuals previously granted TPS ended on August 22, 2011.

The instructions for filing a TPS application and filing late are at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=848f7f2ef0745210VgnVCM100000082ca60aRCRD&vgnextchannel=848f7f2ef0745210VgnVCM100000082ca60aRCRD#Filing%20Late.

For more information about Haitian TPS, including registration application requirements, fees, and procedures, see http://www.gpo.gov/fdsys/pkg/FR-2011-05-19/html/2011-12440.htm and USCIS’s “TPS Haiti” page at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=e54e60f64f336210VgnVCM100000082ca60aRCRD&vgnextchannel=e54e60f64f336210VgnVCM100000082ca60aRCRD.

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11. ABIL Global: Clarification in Scope of Some Peruvian Immigration Rules

Changes do not occur often in Peruvian immigration law. Recently, however, a few notable changes took place.

One change concerns the modification of articles 358 to 378 of the Peruvian Consular Rules that was approved by Supreme Decree No. 091-2011-RE at the end of July 2011, in coordination with amendments to the Peruvian Aliens Law passed in June 2008. The amendments established that within the powers the Aliens Law grants to the Ministry of Foreign Relations, regardless of the migration status and the type of visa that may be granted by a consular officer abroad, is the responsibility and ultimate power of the consular officers to grant or deny visas to be stamped in passports or foreign travel documents, except for the migration status referred to in article 361 (diplomatic, consular, official, voluntary worker, and exchange visitor migration status). Likewise, the consular officer must verify that the beneficiary of the visa meets the necessary requirements to be granted the visa, and may conduct a personal interview if needed, comparing the information obtained with the information requested and applying the pertinent principles of discretion.

On the other hand, with respect to temporary tourist or business visas, a measure was ratified to provide that the term of stay in Peruvian territory is up to 183 days, non-extendable in-country, and that the term of validity of these types of visas is 12 months. This term is calculated from the date of issuance by the consular office.

The remainder of temporary and resident visas may be used within their term, which is six months from the date of issuance by the consular office.

A second change is that the Peruvian Immigration Authority (DIGEMIN offices), through an Internal Directive, is requesting that for all cases filed by Colombian, Venezuelan, and Mexican citizens – whether to obtain a visa at the Peruvian consulate abroad or to change status in-country – applicants must submit a resume indicating, among other things, their personal data, professional training, occupation, labor experience, personal references, address in Peru, and address abroad. The Internal Directive also includes case files that are not yet subject to approval (currently ongoing proceedings).

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12. New Publications and Items of Interest

USCIS video: USCIS is developing a Web-based system to allow applicants to submit and track their applications online and enhance USCIS’s ability to process cases with greater accuracy, security, and timeliness. An example video shows how an applicant can set up an online account and submit a request to extend or change nonimmigrant status using the new system. The video also highlights the proposed design and key features of the new system. A prototype of the video, for demonstration purposes only, is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=160205bc4cefe210VgnVCM100000082ca60aRCRD&vgnextchannel=b1161bf8d43ee210VgnVCM100000082ca60aRCRD. USCIS continues to receive and incorporate feedback, so the actual system may be different. Additional information about USCIS’s “transformation” efforts to move from paper-based to electronic systems is available at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=637dd260df1cc210VgnVCM100000082ca60aRCRD&vgnextchannel=637dd260df1cc210VgnVCM100000082ca60aRCRD.

TRAC webinar series. The Transactional Records Access Clearinghouse (TRAC) has launched a new report series, with accompanying data tools and regular updates, allowing the public to monitor U.S. Immigration and Customs Enforcement’s exercise of prosecutorial discretion in the immigration courts. TRAC’s new tools allow tracking by charge, nationality, and location (state, court, or specific hearing location). TRAC co-directors Susan B. Long and David Burnham conducted a webinar session on November 30, 2011, on new data and web tools to track immigration court outcomes. A second webinar session to be held on December 7, 2011, at 2 p.m., will feature monitoring ICE charging practices in the immigration court. The session will include a short (approximately 15-20 minutes) overview and demonstration of TRAC’s new web monitoring tools, followed by a question-and-answer session. For the URL to join the webinar, e-mail [email protected]. For more on TRAC, see http://trac.syr.edu/.

Foreign labor certification webpage. The Department of Labor’s Office of Foreign Labor Certification (OFLC) has created a webpage from which members of the public may access and comment on the OFLC 2010 Annual Report, which presents highlights from fiscal year 2010. See http://www.foreignlaborcert.doleta.gov/annual_report.cfm.

Green Card Stories. The immigration debate is boiling over. Americans are losing the ability to understand and talk to one another about immigration. We must find a way to connect on a human level. Green Card Stories does just that. The book depicts 50 recent immigrants with permanent residence or citizenship in dramatic narratives, accompanied by artistic photos. If the book’s profilees share a common trait, it’s a mixture of talent and steely determination. Each of them overcame great challenges to come and stay in America. Green Card Stories reminds Americans of who we are: a nation of immigrants, from all walks of life and all corners of the earth, who have fueled America’s success. It tells the true story of our nation: E pluribus unum–out of many, one.

For more information or to order, visit http://www.greencardstories.com.

ABIL on Twitter. The Alliance of Business Immigration Lawyers is now available on Twitter: @ABILImmigration.

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13. Member News

Cyrus Mehta has published a new blog entry. “Shutting Down Global Business in America: Why the H-1B Cap Hurts Us All” is available at http://cyrusmehta.blogspot.com/2011/11/shutting-down-global-business-in.html.

Mr. Mehta was a panelist and speaker at the Practising Law Institute’s 44th Annual Immigration & Naturalization Institute seminar held in New York on November 3-4, 2011, where he spoke on ethics in immigration practice. He was also a speaker at the American Immigration Lawyers Association’s New York Chapter meeting program on November 8, 2011, “Responsibility and Ethics for Immigration Lawyers in NY.” In addition, Mr. Mehta was invited as a guest lecturer at the Fordham School of Social Work, New York, on November 10, 2011, and at Columbia School of Journalism, New York, on November 16, 2011. He was quoted in the Business Standard on November 25, 2011, regarding his views on why the H-1B cap in FY 2012 was reached so early, http://www.business-standard.com/india/news/us-govt-says-h1-b-visa-cap-reached-earliest-in-3-yrs/456625/, and again in the Business Standard on December 1, 2011, regarding H.R. 3012, the bill that would benefit Indian and Chinese nationals seeking green cards, http://business-standard.com/india/news/us-house-eases-wait-for-green-card/457230/.

Angelo Paparelli has published a new blog entry. “Immigration Magnetized, Privatized and Depersonalized” is available at .

Stephen Yale-Loehr will speak on EB-5 immigrant investor issues at a conference sponsored by the New York City chapter of the American Immigration Lawyers Association on December 1, 2011, at the Marriott Marquis hotel in New York City. For more information about the conference, seehttp://www.aila.org/content/default.aspx?docid=17863.

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14. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online

Department of Labor processing times and information on backlogs

Department of State Visa Bulletin

Visa application wait times for any post

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