Congress allots a certain number of immigrant visas each year for various categories and countries.  Foreign nationals in the EB-2 category from India and China typically wait several years for a green card “number” to become available to them as there is a backlog with these applications.  The wait is based on an applicant’s “priority date” which he/she obtains when the first step of the green card process is filed.  Until that date is current on the Visa Bulletin (published monthly), the individual cannot submit (and the officers cannot adjudicate) the final paperwork for a green card.

In the January 2012 Visa Bulletin, the applications being reviewed for Chinese and Indian nationals in the EB-2 category have priority dates of January 1, 2009 and earlier.  In the February 2012 Visa Bulletin, the priority date will jump to January 1, 2010 and earlier, cutting off a full year of waiting.  This is great news for individuals with priority dates between January 1, 2009 and January 1, 2010 as they can now submit their final paperwork for a green card.

Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a green card application or have any questions about the above.

Under the current rules, an undocumented individual who is eligible for green card status must leave the country to apply and process the paperwork.  However, once he/she leaves, the person triggers a 3-year or 10-year bar to the U.S. if he/she was unlawfully present in the U.S. for more than 180 days.  The processing times abroad for waivers and applications can range from months to years and keep families separated.

If the proposed rule becomes final, undocumented foreign nationals who would trigger a bar upon leaving will be allowed to apply for the waiver from within the U.S. and remain with their families until it is time to process the green card application abroad.  Note that applicants would still be required to depart from the U.S. before receiving final approval on their green card application, however the wait abroad will be much shorter.

The government believes that this new rule would encourage applicants to come forward and create a faster and safer means for processing applications.  As it stands, many individuals remain under the radar and never apply for status so they do not get separated from their loved ones.

Stay tuned for future posts on this important change to the law.

An immigrant visa is typically obtained after a family member or employer has sponsored a foreign national for permanent status in the U.S.  This is the second step following approval of an immigrant petition in the U.S.

Applicants currently in the process of obtaining an immigrant visa in Chennai may contact ChennaiIVU@state.gov for clarification on their status.

The H-1B visa is a temporary work visa for a degreed professional (or someone with equivalent experience) seeking employment in a position complex enough to need his/her specific degree.

Each year, there are 65,000 slots available to holder’s of U.S. or foreign Bachelor’s degrees or foreign Master’s or higher degrees (or equivalent experience).  There are an additional 20,000 slots set aside for individuals with U.S. Master’s or higher degrees.

Please don’t hesitate to contact our San Francisco Immigration Law Office if you or your employer need assistance with an H-1B petition.

The 2011 mission to Brazil resulted in processing 820,000 visa applications, which is a 42% increase from the previous year.  The DOS plans to double the consular staffing in Brazil over 2012 by adding 50 new officer positions.  Current visa wait times in Brazil are down to under 50 days.

China has seen even more growth than Brazil, specifically in 2011, during which DOS employees processed more than 1 million visa applications.  This is a 34% increase over the previous year.  Current visa wait times in China are down to under 10 days.

If you are interested in becoming a U.S. citizen or have any questions about the process, please don’t hesitate to contact our San Francisco Immigration Law Office.

Senate:

1. Families First Immigration Enforcement Act (S. 1949) – provides for safe and humane policies and procedures pertaining to the arrest, detention, and processing of foreign nationals in immigration enforcement operations.

2. STEM Visa Act of 2011 (S. 1986) – amends the Immigration and Nationality Act (INA) to promote innovation, investment and research in the United States.

3. Irish Recognition and Encouragement Act of 2011 – IRE Act (S. 2005) – authorizes the Secretary of State to issue up to 10,500 E-3 temporary work visas per year to Irish nationals.

House:

1. H-2A Improvement Act (H.R. 3232) – includes within the H-2A visa category a foreign national coming temporarily to the U.S. to work as a sheepherder, goat herder, or dairy worker. The bill also exempts an employer from the requirement to show that the position is of a seasonal or temporary nature.

2. Haitian Emergency Life Protection Act of 2011- H.E.L.P. Act (H.R. 3297) – amends the INA with respect to V visa nonimmigrants (spouses/children of a green card holder who come to the U.S. to wait for completion of immigrant visa process) to include certain Haitian nationals whose petition for a family-sponsored immigrant visa was approved on or before January 12, 2010.

3. Foster Children Opportunity Act (H.R. 3333) – requires state plans for foster care and adoption assistance to have procedures to assist foreign national children in the child welfare system to achieve special immigrant juvenile status and green card status before exiting foster care.

4. Visa Improvements to Stimulate International Tourism to the United States of America- VISIT USA (H.R. 3341) – provides qualifying nationals of China (PRC) with a five-year multiple entry/exit visitor visa.

5. Enhanced Border Security Act (H.R. 3401) – directs the Secretary of State to submit to Congress a counterinsurgency strategy to combat the operations of transnational criminal organizations in Mexico.

6. American Growth, Recovery, Empowerment, and Entrepreneurship Act- AGREE Act (H.R. 3476) – amends the INA to eliminate the per country cap for employment-based immigrants and increase the per country cap for family-based immigrants.

7. Religious Worker Visa Reciprocity Act of 2011 (H.R. 3557) – requires the country of origin of certain special immigrant religious workers to extend reciprocal immigration treatment to U.S. nationals.

8. Immigration and Naturalization Investment Ventures for Engineering, Science, and Technology- INVEST in America Act (H.R. 3692) – establishes an entrepreneur-based immigrant category for alien entrepreneurs who have completed or are in the process of completing a degree in science, engineering, math or a technology-related field.

9. Save Our Small and Seasonal Businesses Act of 2011 (H.R. 3718) – prioritizes certain returning workers for purposes of the quotas on H-2B non-agricultural temporary workers.

10. New Illegal Deduction Elimination Act- New IDEA Act (H.R. 3720) – amends the Internal Revenue Code (tax code) of 1986 to clarify that wages paid to unauthorized aliens may not be deducted from gross income.

Students are able to apply only 120 days in advance of entry to the U.S., thus, it is critical that Embassies and Consulates act quickly when processing these applications.  Currently, the maximum wait time for a visa appointment worlwide is fewer than 15 days, which is very fast in comparison to other visa categories.    

International students comprise a large portion of the student-body at many U.S. universities.  In the 2010/11 school year, international education grew by nearly nine percent.  International students also bring extensive revenue to the U.S. economy.  In the 2010/11 school year, foreign students brought $21.3 billion from abroad.   

Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with a student visa or have questions about the above.

1.  The person must have been a lawful permanent resident (green card holder) for the 5 years immediately preceding the filing of the petition

2.  The person must have 5 years of continuous residence in the U.S. without leaving the U.S. for trips of 6 months or longer

3.  The person must have been physically present in the U.S. for at least 30 months during the green card period

4.  The person must be present in the state in which he/she is applying for at least 3 months

5.  The person must be of good moral character, which means there are no criminal or tax issues preventing U.S. citizenship

There are other ways to achieve naturalization if special circumstances apply.  For example, if the person is in the military, lives abroad, or obtained his/her green card based on marriage to a U.S. citizen.  In those situations, different residency requirements would apply.  Please don’t hesitate to contact our San Francisco Law Office if you need assistance with a citizenship application.