USCIS Issues Guidance Memorandum on EB-5 Immigrant Investor Program
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today issued a guidance memorandum that provides USCIS adjudication officers with instructions related to the timing of job creation and the meaning of “full-time” positions in the EB-5 Immigrant Investor Program.
The guidance memorandum update to the Adjudicator’s Field Manual (AFM), clarifies that for purposes of the Immigrant Petition by Alien Entrepreneur (Form I-526) adjudication and the job creation requirements, USCIS will consider the two-year period to begin six months after the adjudication of the Form I-526.
USCIS officers will ensure that the business plan filed with the Form I-526 reasonably demonstrates that the requisite number of jobs will be created by the end of the two-year period. For Regional Center petitions and for purposes of indirect job creation, USCIS adjudicators may consider economic models that rely on certain variables to show job creation and the amount of investment to determine whether the required infusion of capital or creation of direct jobs will result in a certain number of indirect jobs.
USCIS also has concluded that certain direct and indirect jobs that would have previously been considered to be temporary or intermittent (such as construction jobs) may be considered as permanent jobs for Form I-526 and the Petition by Entrepreneur to Remove Conditions (Form I-829) purposes if the positions can be expected to last at least 2 years.
Tuesday, June 23, 2009
Thursday, June 18, 2009
DV-2010 Update - Green Card Lottery - Diversity Lottery
The online entry registration period for DV-2010 is now over and all submission processing has stopped. Therefore, Form DS-5501 Electronic Diversity Visa (e-DV) Application for online Diversity Visa Lottery entry, is not available now. This official form is available only on the Department State, Diversity Visa online entry website at http://www.dvlottery.state.gov/ during the online entry registration period, which ended December 1, 2008. There have been instances of fraudulent websites posing as official U.S. Government sites.
DV Lottery 2010 Status Check – Is not available at this time. Starting July 1, 2009 until June 30, 2010, entrants (who previously completed online DV entry through the official website at http://www.dvlottery.state.gov) will be able to check the status of their entry through the e-DV website at http://www.dvlottery.state.gov. Entrants will need to use their own confirmation page information from the time of their entry (October 2, 2008, to December 1, 2008), to check the status to find out if their Diversity Visa Lottery entry was or was not selected.
DV Lottery 2010 Status Check – Is not available at this time. Starting July 1, 2009 until June 30, 2010, entrants (who previously completed online DV entry through the official website at http://www.dvlottery.state.gov) will be able to check the status of their entry through the e-DV website at http://www.dvlottery.state.gov. Entrants will need to use their own confirmation page information from the time of their entry (October 2, 2008, to December 1, 2008), to check the status to find out if their Diversity Visa Lottery entry was or was not selected.
H-1B Cap Update 06/18/09
H-1B
The H-1B visa program is used by some U.S.employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor's degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.
H-1B Employer Exemptions
H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master's or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.
Duplicate H-1B Petitions Filed Requesting Fiscal Year 2010 Employment
USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.
As of June 12, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
The H-1B visa program is used by some U.S.employers to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field and a bachelor's degree or its equivalent. Typical H-1B occupations include architects, engineers, computer programmers, accountants, doctors and college professors. The H-1B visa program also includes certain fashion models of distinguished merit and ability and up to 100 persons who will performing services of an exceptional nature in connection with Department of Defense (DOD) research and development projects or coproduction projects. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Please note that up to 6,800 visas may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.
H-1B Employer Exemptions
H-1B nonimmigrants who are employed, or who have received an offer of employment, by institutions of higher education or a related or affiliated nonprofit entity, as well as those employed, or who will be employed, by a nonprofit research organization or a governmental research organization are exempt from the cap.
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004 makes available 20,000 new H-1B visas for foreign workers with a Master's or higher level degree from a U.S. academic institution. For each fiscal year, 20,000 beneficiaries of H-1B petitions on behalf of persons who hold such credentials are statutorily exempted from the cap.
Duplicate H-1B Petitions Filed Requesting Fiscal Year 2010 Employment
USCIS will deny or revoke all petitions filed by an employer for the same H-1B worker if more than one filing is discovered. If multiple petitions are discovered, whether one or more such petitions are approved, USCIS will data enter all those duplicative petitions, retain all fees, and either deny the petitions or, if a petition was approved, revoke the petition. The petitions will not be returned to the petitioner.
As of June 12, 2009, approximately 44,400 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad
USCIS Reminds Applicants for Adjustment of Status, Asylum, Legalization, and TPS Beneficiaries to Obtain Advance Parole Before Traveling Abroad
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
• been granted Temporary Protected Status (TPS);
• a pending application for adjustment of status to lawful permanent resident;
• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• a pending asylum application; or
• a pending application for legalization.
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available under “Immigration Forms” on USCIS’ Web site.
Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay. For more information on Advance Parole see How Do I Get a Travel Document? and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole. Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document. For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States. Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS’ Customer Service Center at 1-800-375-5283.
For more information on USCIS and its programs, visit www.uscis.gov.
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) reminds individuals that they must obtain Advance Parole from USCIS before traveling abroad if they have:
• been granted Temporary Protected Status (TPS);
• a pending application for adjustment of status to lawful permanent resident;
• a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203);
• a pending asylum application; or
• a pending application for legalization.
To obtain Advance Parole, individuals must file Form I-131, Application for Travel Document, which is available under “Immigration Forms” on USCIS’ Web site.
Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed.
Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location. Instructions for filing Form I-131 provide details on where to mail travel document applications and should be followed carefully to avoid delay. For more information on Advance Parole see How Do I Get a Travel Document? and instructions for Form I-131.
Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Aliens who have been unlawfully present in the United States for more than 180 days, but less than one year, are inadmissible for three years; those who have been unlawfully present for one year or more are inadmissible for 10 years. Aliens who are unlawfully present, then depart the United States and subsequently reenter under a grant of parole, may still be ineligible to adjust their status.
Individuals who have been admitted as refugees or granted asylum, including those who are applying for adjustment of status, do not need to obtain Advance Parole. Instead, these individuals should apply for a Refugee Travel Document using Form I-131 and comply with applicable application requirements, such as biometric processing, prior to leaving the United States.
Lawful permanent residents who obtained such status as a result of being a refugee or asylee in the United States may also apply for a Refugee Travel Document. For more information on Refugee Travel Documents please see How Do I Get a Refugee Travel Document?
Asylum applicants, asylees and lawful permanent residents who obtained such status based on their asylum status are subject to special rules with regard to traveling outside the United States. Such individuals are encouraged to review USCIS’ Fact Sheet Traveling Outside the United States as an Asylum Applicant, an Asylee, or a Lawful Permanent Resident Who Obtained Such Status Based on Asylum Status.
Before making any plans to travel abroad, all individuals with pending applications for adjustment of status, relief under NACARA 203, or asylum are urged to consult an immigration attorney or immigration assistance organization accredited by the Board of Immigration Appeals, or by calling USCIS’ Customer Service Center at 1-800-375-5283.
For more information on USCIS and its programs, visit www.uscis.gov.
Wednesday, June 17, 2009
Diversity Visa Lottery 2009 (DV-2009) Results
Diversity Visa Lottery 2009 (DV-2009) Results
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2009 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 99,600 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2009 numbers will be used during fiscal year 2009 (October 1, 2008 until September 30, 2009).
Applicants registered for the DV-2009 program were selected at random from over 9.1 million qualified entries received during the 60-day application period that ran from noon on October 3, 2007, until noon, December 2, 2007. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.
Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Bureau of Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2009 will end. Selected applicants who do not receive visas by September 30, 2009 will derive no further benefit from their DV-2009 registration. Similarly, spouses and children accompanying or following to join DV-2009 principal applicants are only entitled to derivative diversity visa status until September 30, 2009.
Only participants in the DV-2009 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2010 lottery if they wish. The dates for the registration period for the DV-2010 lottery program will be widely publicized during August 2009.
*The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.
The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2009 program:
AFRICA
ALGERIA 2,205 LIBYA 117
ANGOLA 38 MADAGASCAR 46
BENIN 390 MALAWI 29
BOTSWANA 22 MALI 124
BURKINA FASO 129 MAURITANIA 39
BURUNDI 86 MAURITIUS 62
CAMEROON 3,659 MOROCCO 3,280
CAPE VERDE 9 MOZAMBIQUE 22
CENTRAL AFRICAN REP. 21 NAMIBIA 20
CHAD 27 NIGER 64
COMOROS 6 NIGERIA 6,041
CONGO 1,582 RWANDA 111
CONGO, DEMOCRATIC REPUBLIC OF THE 65 SAO TOME AND PRINCIPE 1
COTE D’IVOIRE 642 SENEGAL 1,160
DJIBOUTI 26 SEYCHELLES 8
EGYPT 4,831 SIERRA LEONE 2,230
EQUATORIAL GUINEA 10 SOMALIA 256
ERITREA 829 SOUTH AFRICA 909
ETHIOPIA 5,200 SUDAN 1,143
GABON 35 SWAZILAND 6
GAMBIA, THE 168 TANZANIA 298
GHANA 7,322 TOGO 956
GUINEA 469 TUNISIA 155
GUINEA-BISSAU 9 UGANDA 433
KENYA 4,307 ZAMBIA 156
LESOTHO 4 ZIMBABWE 242
LIBERIA 3,440
ASIA
AFGHANISTAN 117 MALAYSIA 85
BAHRAIN 18 MALDIVES 4
BANGLADESH 6,023 MONGOLIA 191
BHUTAN 4 NEPAL 1,891
BRUNEI 0 NORTH KOREA 2
BURMA 556 OMAN 10
CAMBODIA 287 QATAR 10
HONG KONG SPECIAL ADMIN. REGION 75 SAUDI ARABIA 128
INDONESIA 230 SINGAPORE 38
IRAN 1,689 SRI LANKA 792
IRAQ 154 SYRIA 108
ISRAEL 194 TAIWAN 431
JAPAN 320 THAILAND 110
JORDAN 161 TIMOR-LESTE 1
KUWAIT 43 UNITED ARAB EMIRATES 33
LAOS 2 YEMEN 102
LEBANON 193
EUROPE
ALBANIA 2,894 LIECHTENSTEIN 1
ANDORRA 0 LITHUANIA 273
ARMENIA 1,285 LUXEMBOURG 1
AUSTRIA 145 MACAU 12
AZERBAIJAN 345 MACEDONIA, FORMER YUGOSLAV REP. OF 322
BELARUS 1,240 MALTA 9
BELGIUM 82 MARTINIQUE 4
BOSNIA & HERZEGOVINA 158 MOLDOVA 542
BULGARIA 1,154 MONACO 0
CROATIA 75 MONTENEGRO 20
CYPRUS 42 NETHERLANDS 226
CZECH REPUBLIC 140 NETHERLANDS ARUBA 9
DENMARK 48 NETHERLANDS ANTILLES 34
ESTONIA 58 NORTHERN IRELAND 35
FINLAND 72 NORWAY 54
FRANCE 738 PORTUGAL 92
FRENCH GUIANA 11 REUNION 0
FRENCH POLYNESIA 2 ROMANIA 757
FRENCH SOUTHERN AND ANTARCTIC LANDS 1 SAN MARINO 0
GEORGIA 661 SERBIA 656
GERMANY 1,973 SLOVAKIA 169
GREECE 63 SLOVENIA 21
GREENLAND 1 SPAIN 172
GUADELOUPE 0 SWEDEN 226
HUNGARY 271 SWITZERLAND 230
ICELAND 25 TAJIKISTAN 168
IRELAND 132 TURKEY 2,331
ITALY 433 TURKMENISTAN 111
KAZAKHSTAN 336 UKRAINE 5,502
KYRGYZSTAN 169 UZBEKISTAN 3,284
LATVIA 100 VATICAN CITY 0
NORTH AMERICA
BAHAMAS, THE 12
OCEANIA
AUSTRALIA 590 NIUE 11
CHRISTMAS ISLANDS 0 PALAU 0
COOK ISLANDS 0 PAPUA NEW GUINEA 15
FIJI 760 SAMOA 20
KIRIBATI 2 SOLOMON ISLANDS 0
MARSHALL ISLANDS 0 TONGA 129
MICRONESIA, FEDERATED STATES OF 2 TUVALU 1
NAURU 1 VANUATU 1
NEW ZEALAND 269
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND BARBUDA 5 HONDURAS 77
ARGENTINA 174 NICARAGUA 58
BARBADOS 8 PANAMA 38
BELIZE 4 PARAGUAY 10
BOLIVIA 108 SAINT KITTS AND NEVIS 1
CHILE 50 SAINT LUCIA 4
COSTA RICA 67 SAINT VINCENT AND THE GRENADINES 9
CUBA 555 SURINAME 5
DOMINICA 30 TRINIDAD AND TOBAGO 141
GRENADA 6 URUGUAY 26
GUATEMALA 6 VENEZUELA 470
GUYANA 41
Natives of the following countries were not eligible to participate in DV-2009: Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
The Kentucky Consular Center in Williamsburg, Kentucky has registered and notified the winners of the DV-2009 diversity lottery. The diversity lottery was conducted under the terms of section 203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 99,600 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV-2009 numbers will be used during fiscal year 2009 (October 1, 2008 until September 30, 2009).
Applicants registered for the DV-2009 program were selected at random from over 9.1 million qualified entries received during the 60-day application period that ran from noon on October 3, 2007, until noon, December 2, 2007. The visas have been apportioned among six geographic regions with a maximum of seven percent available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two years of work experience in an occupation that requires at least two years of training or experience within the past five years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.
Registrants living legally in the United States who wish to apply for adjustment of their status must contact the Bureau of Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2009 will end. Selected applicants who do not receive visas by September 30, 2009 will derive no further benefit from their DV-2009 registration. Similarly, spouses and children accompanying or following to join DV-2009 principal applicants are only entitled to derivative diversity visa status until September 30, 2009.
Only participants in the DV-2009 program who were selected for further processing have been notified. Those who have not received notification were not selected. They may try for the upcoming DV-2010 lottery if they wish. The dates for the registration period for the DV-2010 lottery program will be widely publicized during August 2009.
*The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually-allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV-2000.
The following is the statistical breakdown by foreign-state chargeability of those registered for the DV-2009 program:
AFRICA
ALGERIA 2,205 LIBYA 117
ANGOLA 38 MADAGASCAR 46
BENIN 390 MALAWI 29
BOTSWANA 22 MALI 124
BURKINA FASO 129 MAURITANIA 39
BURUNDI 86 MAURITIUS 62
CAMEROON 3,659 MOROCCO 3,280
CAPE VERDE 9 MOZAMBIQUE 22
CENTRAL AFRICAN REP. 21 NAMIBIA 20
CHAD 27 NIGER 64
COMOROS 6 NIGERIA 6,041
CONGO 1,582 RWANDA 111
CONGO, DEMOCRATIC REPUBLIC OF THE 65 SAO TOME AND PRINCIPE 1
COTE D’IVOIRE 642 SENEGAL 1,160
DJIBOUTI 26 SEYCHELLES 8
EGYPT 4,831 SIERRA LEONE 2,230
EQUATORIAL GUINEA 10 SOMALIA 256
ERITREA 829 SOUTH AFRICA 909
ETHIOPIA 5,200 SUDAN 1,143
GABON 35 SWAZILAND 6
GAMBIA, THE 168 TANZANIA 298
GHANA 7,322 TOGO 956
GUINEA 469 TUNISIA 155
GUINEA-BISSAU 9 UGANDA 433
KENYA 4,307 ZAMBIA 156
LESOTHO 4 ZIMBABWE 242
LIBERIA 3,440
ASIA
AFGHANISTAN 117 MALAYSIA 85
BAHRAIN 18 MALDIVES 4
BANGLADESH 6,023 MONGOLIA 191
BHUTAN 4 NEPAL 1,891
BRUNEI 0 NORTH KOREA 2
BURMA 556 OMAN 10
CAMBODIA 287 QATAR 10
HONG KONG SPECIAL ADMIN. REGION 75 SAUDI ARABIA 128
INDONESIA 230 SINGAPORE 38
IRAN 1,689 SRI LANKA 792
IRAQ 154 SYRIA 108
ISRAEL 194 TAIWAN 431
JAPAN 320 THAILAND 110
JORDAN 161 TIMOR-LESTE 1
KUWAIT 43 UNITED ARAB EMIRATES 33
LAOS 2 YEMEN 102
LEBANON 193
EUROPE
ALBANIA 2,894 LIECHTENSTEIN 1
ANDORRA 0 LITHUANIA 273
ARMENIA 1,285 LUXEMBOURG 1
AUSTRIA 145 MACAU 12
AZERBAIJAN 345 MACEDONIA, FORMER YUGOSLAV REP. OF 322
BELARUS 1,240 MALTA 9
BELGIUM 82 MARTINIQUE 4
BOSNIA & HERZEGOVINA 158 MOLDOVA 542
BULGARIA 1,154 MONACO 0
CROATIA 75 MONTENEGRO 20
CYPRUS 42 NETHERLANDS 226
CZECH REPUBLIC 140 NETHERLANDS ARUBA 9
DENMARK 48 NETHERLANDS ANTILLES 34
ESTONIA 58 NORTHERN IRELAND 35
FINLAND 72 NORWAY 54
FRANCE 738 PORTUGAL 92
FRENCH GUIANA 11 REUNION 0
FRENCH POLYNESIA 2 ROMANIA 757
FRENCH SOUTHERN AND ANTARCTIC LANDS 1 SAN MARINO 0
GEORGIA 661 SERBIA 656
GERMANY 1,973 SLOVAKIA 169
GREECE 63 SLOVENIA 21
GREENLAND 1 SPAIN 172
GUADELOUPE 0 SWEDEN 226
HUNGARY 271 SWITZERLAND 230
ICELAND 25 TAJIKISTAN 168
IRELAND 132 TURKEY 2,331
ITALY 433 TURKMENISTAN 111
KAZAKHSTAN 336 UKRAINE 5,502
KYRGYZSTAN 169 UZBEKISTAN 3,284
LATVIA 100 VATICAN CITY 0
NORTH AMERICA
BAHAMAS, THE 12
OCEANIA
AUSTRALIA 590 NIUE 11
CHRISTMAS ISLANDS 0 PALAU 0
COOK ISLANDS 0 PAPUA NEW GUINEA 15
FIJI 760 SAMOA 20
KIRIBATI 2 SOLOMON ISLANDS 0
MARSHALL ISLANDS 0 TONGA 129
MICRONESIA, FEDERATED STATES OF 2 TUVALU 1
NAURU 1 VANUATU 1
NEW ZEALAND 269
SOUTH AMERICA, CENTRAL AMERICA, AND THE CARIBBEAN
ANTIGUA AND BARBUDA 5 HONDURAS 77
ARGENTINA 174 NICARAGUA 58
BARBADOS 8 PANAMA 38
BELIZE 4 PARAGUAY 10
BOLIVIA 108 SAINT KITTS AND NEVIS 1
CHILE 50 SAINT LUCIA 4
COSTA RICA 67 SAINT VINCENT AND THE GRENADINES 9
CUBA 555 SURINAME 5
DOMINICA 30 TRINIDAD AND TOBAGO 141
GRENADA 6 URUGUAY 26
GUATEMALA 6 VENEZUELA 470
GUYANA 41
Natives of the following countries were not eligible to participate in DV-2009: Brazil, Canada, China (mainland-born, excluding Hong Kong S.A.R., and Taiwan), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, the Philippines, Poland, Russia, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.
Friday, June 12, 2009
H-1B Cap 2010 | H1B Petition Filings as of April 27, 2009
USCIS Update April 27, 2009
USCIS Updates Count of FY2010 H-1B Petition Filings
Regular Updates Posted on USCIS Web site
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.
For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition. USCIS will provide regular updates on the processing of FY2010 H-1B petitions. The updates can be found on the USCIS’ Web site at www.uscis.gov/h-1b_count.
USCIS Updates Count of FY2010 H-1B Petition Filings
Regular Updates Posted on USCIS Web site
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced an updated number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,000 H-1B petitions counting toward the Congressionally mandated 65,000 cap. The agency continues to accept petitions subject to the general cap.
Additionally, the agency has received approximately 20,000 petitions for aliens with advanced degrees; however, we continue to accept advanced degree petitions since experience has shown that not all petitions received are approvable. Congress mandated that the first 20,000 of these types of petitions are exempt from any fiscal year cap on available H-1B visas.
For cases filed for premium processing during the initial five-day filing window, the 15-day premium processing period began April 7. For cases filed for premium processing after the filing window, the premium processing period begins on the date USCIS takes physical possession of the petition. USCIS will provide regular updates on the processing of FY2010 H-1B petitions. The updates can be found on the USCIS’ Web site at www.uscis.gov/h-1b_count.
Thursday, May 21, 2009
INS Memo on 245(i) Postmarks, Filing Procedures, and Fees
INS Memo on 245(i) Postmarks, Filing Procedures, and Fees
April 30,2001
U.S. Department of Justice
Immigration and Naturalization Service
425 I Street NW
Washington, DC 20536
MEMORANDUM FOR
ALL REGIONAL DIRECTORS
ALL SERVICE CENTER DIRECTORS
ALL DISTRICT DIRECTORS
ALL OFFICERS IN CHARGE
FROM:
William R. Yates
Deputy Executive Associate Commissioner
Office of Field Operations
Immigration Services Division
SUBJECT: Field Guidance regarding eligibility for Section 245(i) under the Legal Immigration Family Equity Act
On March 26, 2001, an interim rule was published in Federal Register (66 FR 16383) to amend the regulations at 8 CFR 245.10 establishing eligibility for adjustment of status under Section 245(i) of the Immigration and Nationality Act (INA). This memorandum supplements the January 26, 2001 and April 6, 2001 memoranda. This memorandum primarily discusses issues concerning eligibility for Section 245(i) as it relates to the postmark issue. All offices are reminded that only a visa petition or labor certification can provide eligibility for Section 245(i) of the INA.
Applications filed under the "old" Section 245(i) priority date (on or before January 14, 1998) are not subject to postmark issues. In addition, applications for adjustment of status with an approved petition do not have postmark issues and may be filed at any time, provided a visa number is available and other eligibility criteria are met.
I. Timely Filing Determined by Postmark:
The Legal Immigration Family Equity Act (LIFE Act) sets an April 30, 2001 deadline for receipt of visa petitions and labor certification applications when an applicant requests consideration under Section 245(i). Any immigrant visa petition physically received by the INS on or before April 30, 2001 is timely filed. However the March 26, 2001 interim rule contains a significant addition. Immigrant visa petitions postmarked on or before April 30, 2001 will also be deemed timely filed and thus qualified for eligibility under Section 245(i). The postmark date is not, in and of itself, a priority date. A priority date can only be accorded after an immigrant visa petition has been reviewed according to Service policy.
For the purposes of the implementation of Section 245(i) of the INA, as amended by the LIFE Act, the term "postmark" means a stamp or other mark of cancellation placed on an envelope or package by the United States Postal Service (USPS).
Field Offices and Service Centers must retain evidence of the mailing date as part of the record of proceeding for all immigrant visa petitions and applications for adjustment of status received between May 1, 2001 and May 3, 2001, inclusive. For these applications and petitions, the original or a copy of the postmarked envelope, private mail service invoice or metered mail envelope shall be included in the record of proceeding of each application or petition submitted in that envelope.
A. Postmarked mail:
All applications and petitions postmarked by the USPS that bear a postmark date on or before April 30, 2001, regardless of the date of receipt, shall be considered filed on the date indicated on the postmark for the purposes of Section 245(i) eligibility. Any petition meeting this criteria received on or after May 1, 2001 should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
B. Illegible Postmarks and Missing Postmarks:
An application or petition mailed to the Service in an envelope with an illegible or missing postmark is to be considered postmarked on the sunset date, providing it is physically received by the Service:
(1) on or before April 30, 2001, or
(2) during that same period of time as the Service continues to receive material that was postmarked by the USPS by April 30, 2001. In most cases the Service anticipates that period of time will occur within three days of the sunset date.
This means, for the purpose of establishing a consistent and practical policy in determining eligibility for Section 245(i), only, the Service has decided that an application or petition received by mail after April 30, 2001 without a postmark or bearing an illegible postmark, shall be considered timely filed if physically received by the Service by the close of business May 3, 2001. Those petitions that meet this criteria, should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
C. Private Mail Service:
Applications and petitions delivered by private mail service (other than the USPS), such as Federal Express, shall be considered received without a postmark. For the purposes of Section 245(i) INA, an application or petition received via private mail service after the sunset date shall be considered the same as a package with an illegible or missing postmark.
D. Metered Mail:
Applications and petitions received in envelopes with metered postage, shall be considered timely received if:
a) There is a USPS cancellation postmark dated on or before April 30, 2001, or
b) No USPS cancellation postmark is present but the metered date is on or before April 30, 2001 and the envelope is received on or before May 3, 2001.
Any petitions received on or after May 1, 2001 that meet the criteria should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
E. "Filed Prior to 245(i) Sunset" Stamp:
Applications and petitions received after the sunset date that meet the guidelines provided in Section I, shall be marked with a stamp indicating "Filed Prior to 245(i) Sunset." In short, all cases considered filed on or before the sunset date that are received on or after May 1, 2001, shall bear a "Filed Prior to 245(i) Sunset" stamp. Service Centers and Regional Offices will be responsible for the distribution of the "Filed Prior to 245(i) Sunset" stamps for their jurisdiction.
The "Filed Prior to 245(i) Sunset" stamp will serve as notification that the application or petition appears to have been filed on or before the sunset date. It shall not be binding on a Service Officer when determining whether an applicant for adjustment of status is entitled to benefits under Section 245(i) of the INA, as amended by the LIFE Act and Life Act Amendments of 2000.
II. Accepting Out-of-Jurisdiction Filings
Effective on the date of this memorandum, Field Offices and Service Centers shall accept all properly filed immigrant visa petitions and applications for adjustment of status with fee and signature, without regard to jurisdiction. This policy shall continue through the close of business April 30, 2001 for applications filed in person, and through May 3, 2001 for applications filed by mail.
All Field Offices should accept the following filings:
*
All applications/petitions presently accepted locally that are filed by mail or in person.
*
Form I-485 filed, by mail or in person, with an I-130, I-140 or I-360 petition.
*
Forms I-130, I-140 or I-360 filed by mail or in person (including "skeletal" applications submitted).
*
Form I-485 application package without the fingerprint fee (fingerprint fee should be requested of applicant).
Any applications or petitions accepted that are not adjudicated locally should be forwarded to the appropriate Service Center.
Service Centers should accept all properly filed applications or petitions indicated above, without regard to jurisdiction. Service Centers should then forward the applications or petitions to the appropriate office.
Offices should NOT accept the following filings:
*
Labor certifications.
*
Applications with improper application fees, except missing fingerprint fees (See Fees section for further instructions).
*
Late legalization applications for adjustment of status.
*
Applications for adjustment of status that do not comply with 8 CFR 245.2(a)(2).
III. Fees
Any fee receipting and data entry functions not completed at the time the application or petition is received, must be performed, in accordance with Department of Treasury regulations, after the Sunset date. Applicants requiring a document showing delivery on the sunset date should be encouraged to send the petition/application by mail using a postal service that provides a receipt.
If the receipting is performed, the following guidelines should be followed:
1. If an applicant submits a single check for multiple applications and/or petitions and the fee is incorrect, all of the applications should be returned to the applicant and a receipt should not be issued.
2. If an applicant submits multiple checks for multiple applications and/or petitions and the fee is incorrect on some of the applications, the applications with the incorrect amounts should be returned. Receipts should be issued for those with correct amounts.
3. In the case of multiple checks, where one application is dependent upon the principal application being accepted, every attempt should be made to fee in the principal application first followed by any riding applications. If the principal application must be returned, all riding applications must be returned.
4. Applicants/Attorneys should be encouraged, during this period, to submit separate checks for each application and/or petition to prevent the entire application package from being returned for improper fees.
5. All offices should continue their normal practice with regards to the acceptance of cash.
IV. Contact
Additional information on handling applications and petitions, in light of Section 245(i) INA, as amended, may be gleaned from memoranda on the topic dated January 26, 2001 and April 6, 2001. Service Centers should direct questions to Danielle Lee at 202-514-6328. Field Offices should direct questions to Kathy Dominguez at 202-616-1050.
April 30,2001
U.S. Department of Justice
Immigration and Naturalization Service
425 I Street NW
Washington, DC 20536
MEMORANDUM FOR
ALL REGIONAL DIRECTORS
ALL SERVICE CENTER DIRECTORS
ALL DISTRICT DIRECTORS
ALL OFFICERS IN CHARGE
FROM:
William R. Yates
Deputy Executive Associate Commissioner
Office of Field Operations
Immigration Services Division
SUBJECT: Field Guidance regarding eligibility for Section 245(i) under the Legal Immigration Family Equity Act
On March 26, 2001, an interim rule was published in Federal Register (66 FR 16383) to amend the regulations at 8 CFR 245.10 establishing eligibility for adjustment of status under Section 245(i) of the Immigration and Nationality Act (INA). This memorandum supplements the January 26, 2001 and April 6, 2001 memoranda. This memorandum primarily discusses issues concerning eligibility for Section 245(i) as it relates to the postmark issue. All offices are reminded that only a visa petition or labor certification can provide eligibility for Section 245(i) of the INA.
Applications filed under the "old" Section 245(i) priority date (on or before January 14, 1998) are not subject to postmark issues. In addition, applications for adjustment of status with an approved petition do not have postmark issues and may be filed at any time, provided a visa number is available and other eligibility criteria are met.
I. Timely Filing Determined by Postmark:
The Legal Immigration Family Equity Act (LIFE Act) sets an April 30, 2001 deadline for receipt of visa petitions and labor certification applications when an applicant requests consideration under Section 245(i). Any immigrant visa petition physically received by the INS on or before April 30, 2001 is timely filed. However the March 26, 2001 interim rule contains a significant addition. Immigrant visa petitions postmarked on or before April 30, 2001 will also be deemed timely filed and thus qualified for eligibility under Section 245(i). The postmark date is not, in and of itself, a priority date. A priority date can only be accorded after an immigrant visa petition has been reviewed according to Service policy.
For the purposes of the implementation of Section 245(i) of the INA, as amended by the LIFE Act, the term "postmark" means a stamp or other mark of cancellation placed on an envelope or package by the United States Postal Service (USPS).
Field Offices and Service Centers must retain evidence of the mailing date as part of the record of proceeding for all immigrant visa petitions and applications for adjustment of status received between May 1, 2001 and May 3, 2001, inclusive. For these applications and petitions, the original or a copy of the postmarked envelope, private mail service invoice or metered mail envelope shall be included in the record of proceeding of each application or petition submitted in that envelope.
A. Postmarked mail:
All applications and petitions postmarked by the USPS that bear a postmark date on or before April 30, 2001, regardless of the date of receipt, shall be considered filed on the date indicated on the postmark for the purposes of Section 245(i) eligibility. Any petition meeting this criteria received on or after May 1, 2001 should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
B. Illegible Postmarks and Missing Postmarks:
An application or petition mailed to the Service in an envelope with an illegible or missing postmark is to be considered postmarked on the sunset date, providing it is physically received by the Service:
(1) on or before April 30, 2001, or
(2) during that same period of time as the Service continues to receive material that was postmarked by the USPS by April 30, 2001. In most cases the Service anticipates that period of time will occur within three days of the sunset date.
This means, for the purpose of establishing a consistent and practical policy in determining eligibility for Section 245(i), only, the Service has decided that an application or petition received by mail after April 30, 2001 without a postmark or bearing an illegible postmark, shall be considered timely filed if physically received by the Service by the close of business May 3, 2001. Those petitions that meet this criteria, should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
C. Private Mail Service:
Applications and petitions delivered by private mail service (other than the USPS), such as Federal Express, shall be considered received without a postmark. For the purposes of Section 245(i) INA, an application or petition received via private mail service after the sunset date shall be considered the same as a package with an illegible or missing postmark.
D. Metered Mail:
Applications and petitions received in envelopes with metered postage, shall be considered timely received if:
a) There is a USPS cancellation postmark dated on or before April 30, 2001, or
b) No USPS cancellation postmark is present but the metered date is on or before April 30, 2001 and the envelope is received on or before May 3, 2001.
Any petitions received on or after May 1, 2001 that meet the criteria should be stamped with the "Filed Prior to 245(i) Sunset" stamp.
E. "Filed Prior to 245(i) Sunset" Stamp:
Applications and petitions received after the sunset date that meet the guidelines provided in Section I, shall be marked with a stamp indicating "Filed Prior to 245(i) Sunset." In short, all cases considered filed on or before the sunset date that are received on or after May 1, 2001, shall bear a "Filed Prior to 245(i) Sunset" stamp. Service Centers and Regional Offices will be responsible for the distribution of the "Filed Prior to 245(i) Sunset" stamps for their jurisdiction.
The "Filed Prior to 245(i) Sunset" stamp will serve as notification that the application or petition appears to have been filed on or before the sunset date. It shall not be binding on a Service Officer when determining whether an applicant for adjustment of status is entitled to benefits under Section 245(i) of the INA, as amended by the LIFE Act and Life Act Amendments of 2000.
II. Accepting Out-of-Jurisdiction Filings
Effective on the date of this memorandum, Field Offices and Service Centers shall accept all properly filed immigrant visa petitions and applications for adjustment of status with fee and signature, without regard to jurisdiction. This policy shall continue through the close of business April 30, 2001 for applications filed in person, and through May 3, 2001 for applications filed by mail.
All Field Offices should accept the following filings:
*
All applications/petitions presently accepted locally that are filed by mail or in person.
*
Form I-485 filed, by mail or in person, with an I-130, I-140 or I-360 petition.
*
Forms I-130, I-140 or I-360 filed by mail or in person (including "skeletal" applications submitted).
*
Form I-485 application package without the fingerprint fee (fingerprint fee should be requested of applicant).
Any applications or petitions accepted that are not adjudicated locally should be forwarded to the appropriate Service Center.
Service Centers should accept all properly filed applications or petitions indicated above, without regard to jurisdiction. Service Centers should then forward the applications or petitions to the appropriate office.
Offices should NOT accept the following filings:
*
Labor certifications.
*
Applications with improper application fees, except missing fingerprint fees (See Fees section for further instructions).
*
Late legalization applications for adjustment of status.
*
Applications for adjustment of status that do not comply with 8 CFR 245.2(a)(2).
III. Fees
Any fee receipting and data entry functions not completed at the time the application or petition is received, must be performed, in accordance with Department of Treasury regulations, after the Sunset date. Applicants requiring a document showing delivery on the sunset date should be encouraged to send the petition/application by mail using a postal service that provides a receipt.
If the receipting is performed, the following guidelines should be followed:
1. If an applicant submits a single check for multiple applications and/or petitions and the fee is incorrect, all of the applications should be returned to the applicant and a receipt should not be issued.
2. If an applicant submits multiple checks for multiple applications and/or petitions and the fee is incorrect on some of the applications, the applications with the incorrect amounts should be returned. Receipts should be issued for those with correct amounts.
3. In the case of multiple checks, where one application is dependent upon the principal application being accepted, every attempt should be made to fee in the principal application first followed by any riding applications. If the principal application must be returned, all riding applications must be returned.
4. Applicants/Attorneys should be encouraged, during this period, to submit separate checks for each application and/or petition to prevent the entire application package from being returned for improper fees.
5. All offices should continue their normal practice with regards to the acceptance of cash.
IV. Contact
Additional information on handling applications and petitions, in light of Section 245(i) INA, as amended, may be gleaned from memoranda on the topic dated January 26, 2001 and April 6, 2001. Service Centers should direct questions to Danielle Lee at 202-514-6328. Field Offices should direct questions to Kathy Dominguez at 202-616-1050.
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