September 2013 Visa Bulletin Is Out

Some good news for those of you with EB-3 priority dates. The Department of State's September Visa Bulletin shows a forward movement of 18 months except for EB-3 India and the Philippines.

Originally shared by +Loke Walsh Immigration Law

September 2013 Visa Bulletin Is Out

The Visa Bulletin for September 2013 shows significant movement in EB-3 category. Most countries (except India and the Philippines) in this category advanced 18 months.

On the other hand, the priority date for EB-2 (India) stays strong and advances for another 2 weeks following a huge leap of over 3 years last month. The same is true with the F2A category – spouses and children (below 21 years old) of permanent residents – which remains current for September 2013.

More information below:

VISA AVAILABILITY

FAMILY-sponsored:

F2A: This category was made “Current” in an effort to generate new demand for the upcoming fiscal year. Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result. Therefore, it is likely that a cut-off will be imposed for October. This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.

EMPLOYMENT-based:

SECOND:

India: This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit. This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months. It is expected that such movement will generate a very significant amount of new India demand during the coming months.

THIRD:

The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.

It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months. In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time. Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits.

#immigrationupdates #visabulletin

Visa Bulletin for September 2013
View as Printer Friendly PDF. A. STATUTORY NUMBERS. 1. This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and …

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September 2013 Visa Bulletin Is Out

The Visa Bulletin for September 2013 shows significant movement in EB-3 category. Most countries (except India and the Philippines) in this category advanced 18 months. 

On the other hand, the priority date for EB-2 (India) stays strong and advances for another 2 weeks following a huge leap of over 3 years last month. The same is true with the F2A category – spouses and children (below 21 years old) of permanent residents – which remains current for September 2013.

More information below:

VISA AVAILABILITY

FAMILY-sponsored:

F2A: This category was made “Current” in an effort to generate new demand for the upcoming fiscal year. Information received during discussions with the National Visa Center and U.S. Citizenship and Immigration Services indicates that this action is already having the intended result. Therefore, it is likely that a cut-off will be imposed for October. This cut-off is unlikely to have any negative impact on those who have already initiated action on their case prior to the announcement of the October cut-off dates.

EMPLOYMENT-based:

SECOND: 

India: This cut-off date has been advanced significantly more than originally expected, based on the projection that there would be “otherwise unused” numbers under the overall Employment Second preference annual limit. This is the result of a decrease in Employment First preference number use, and a similar decrease in Employment Second preference demand for most other countries during the past two months. It is expected that such movement will generate a very significant amount of new India demand during the coming months.

THIRD:

The Employment-based Third preference cut-off date for most countries was advanced at an extremely rapid pace in April through July in an effort to generate demand. Historically such movements have resulted in a dramatic increase in applicant demand for numbers within a few months. At this time there is no indication that the expected increase is materializing or will do so in the near future. This has resulted in significant movements in the September cut-off for all countries.

It is unlikely that there will be any forward movement of most Employment-based cut-off dates during the next couple of months. In addition, a sudden surge in demand could require the retrogression of a cut-off date at any time. Such action would be required if it appears that such number use could impact visa availability under the FY-2014 annual limits.

#immigrationupdates   #visabulletin  

Visa Bulletin for September 2013
View as Printer Friendly PDF. A. STATUTORY NUMBERS. 1. This bulletin summarizes the availability of immigrant numbers during September. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and …

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CBP Expands Global Entry Eligibility

Global Entry is a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. 

"Citizens participating in Korea’s Smart Entry System (SES), Germany’s Automated and Biometrics-Supported Border Controls (ABG) Plus, and select Qatar and United Kingdom citizens may be able to receive Global Entry benefits. While these arrangements have been previously announced, this notice serves to officially being implementation of the process.

Citizens of these countries must satisfy current program requirements, and will still need to fulfill application requirements, in order to qualify. Additionally, the Federal Register notice announces the ability for current U.S. Global Entry members to apply for membership in the Republic of Korea’s SES program, as well as the ability for a limited number to apply for Germany’s ABG Plus program."

More information about CBP's Global Entry program is available here: http://www.globalentry.gov/about.html.

#immigrationupdates   #travelupdates  

Global Entry Eligibility Officially Expanded to Citizens of Republic of Korea, Germany, Qatar, United Kingdom – CBP.gov
see also: right arrow, in National News Releases: CBP Releases Schedule for Completing its Modernized Trade Processing System in ACE · CBP Announces Partnerships for New and Expanded Services · U.S., China Announce Results of First Joint Intellectual Property Operation …

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Guidelines For Employers Requiring U.S. Degree From Applicants

OSC provides general guidelines to employers requiring U.S. degree from applicants to be selected for employment.

"In Dalila Kamal-Griffin v, Cahill Gordon & Reindel, 3 OCAHO no, 568, 1641 (1993), an Administrative Law Judge held that a law firm did not discriminate on the basis of citizenship status in violation of the INA's anti-discrimination provision simply by requiring applicants for associate positions to have their primary legal education in a common law legal system, The Judge also mentioned that "the type of legal system in which an individual has obtained his or her primary legal education is a choice unrelated to citizenship status," ld. at 1675. The Judge also noted, however, that a facially neutral requirement, if purposefully adopted or selectively applied for the purpose of discriminating on the basis of citizenship status, could constitute a violation of the INA's anti-discrimination provision, ld. at 1672 (citing 52 Fed, Reg, 37,402)."

#immigrationupdates #immigrationcompliance


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Guidelines For Employers Requiring U.S. Degree From Applicants

OSC provides general guidelines to employers requiring U.S. degree from applicants to be selected for employment.

"In Dalila Kamal-Griffin v, Cahill Gordon & Reindel, 3 OCAHO no, 568, 1641 (1993), an Administrative Law Judge held that a law firm did not discriminate on the basis of citizenship status in violation of the INA's anti-discrimination provision simply by requiring applicants for associate positions to have their primary legal education in a common law legal system, The Judge also mentioned that "the type of legal system in which an individual has obtained his or her primary legal education is a choice unrelated to citizenship status," ld. at 1675. The Judge also noted, however, that a facially neutral requirement, if purposefully adopted or selectively applied for the purpose of discriminating on the basis of citizenship status, could constitute a violation of the INA's anti-discrimination provision, ld. at 1672 (citing 52 Fed, Reg, 37,402)."

#immigrationupdates   #immigrationcompliance    

Embedded Link

www.justice.gov/crt/about/osc/pdf/publications/TAletters/FY2013/167.pdf

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USCIS Transfers Workload For Various Forms

"If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change. You should reference your original receipt number and indicate your case was transferred to a new location when making any case status inquiries."

#immigrationupdates  

USCIS – Workload Transfer for Various Forms
Effect on Customers. If your case was transferred, USCIS will send you a notice listing the transfer date and where your case will be processed. Your original receipt number will not change. You should reference your original receipt number and indicate your case was transferred to a new …

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Visa Guidelines for Same-Sex Couples

Today, the State Department hosted an online discussion through Google+ Hangout about visa processing for same-sex couples.  In case you missed it, here’s a recorded video of the Hangout.

#immigrationupdates   #DOMA

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First Derivative Visa Issued to Same-Sex Spouse in Amsterdam

U.S. Consulate General in Amsterdam issues its first L-2 (Derivative) visa to same-sex spouse following the repeal of #DOMA.

"This is the first derivative visa we have had the privilege of issuing to the same-sex spouse of a visa applicant in Amsterdam after the U.S. Supreme Court repeal of the Defense of Marriage Act," remarked Consul General Berry. "We are excited to have the opportunity to reunite families that are immigrating, or in this case, help keep families together that are going to work in the United States.""

#immigrationupdates  

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State Department Issues Visa Guidance Post DOMA

DOS finally releases post DOMA guidance for nonimmigrant and immigrant visa applicants through FAQs.

"Effective immediately, U.S. embassies and consulates will adjudicate visa applications that are based on a same-sex marriage in the same way that we adjudicate applications for opposite gender spouses.   This means that the same sex spouse of a visa applicant coming to the U.S. for any purpose – including work, study, international exchange or as a legal immigrant – will be eligible for a derivative visa.  Likewise, stepchildren acquired through same sex marriages can also qualify as beneficiaries or for derivative status."

The guidance also includes information on how the Supreme Court decision affects same-sex spouses in terms of derivative applications for nonimmigrant and immigrant visas, fiance nonimmigrant visa applications (for same sex partners) and more.

Furthermore, the State Department also issued a cable guidance for posts, which includes the following:

"The Visa Office (VO) deleted 9 FAM 40.1 N1.1 (a), which limited the word "marriage" for immigration purposes to mean "only a legal union between one man and one woman as husband and wife," and the word "spouse" to mean only "a person of the opposite sex who is a husband or a wife." A same-sex marriage is now valid for immigration purposes, as long as the marriage is recognized in the "place of celebration." A same-sex marriage is valid for immigration purposes even if the couple intends ultimately to reside in one of the 37 states that do not recognize same-sex marriages. The same-sex marriage is valid even if the applicant is applying in a country in which same-sex marriage is illegal." 

A copy of the cable is available here: http://travel.state.gov/pdf/Next_Steps_On_DOMA_Guidance_For_Posts_August_2013.pdf

#immigrationupdates   #DOMA  

U.S. Visas for Same-Sex Spouses
FAQs for Post-Defense of Marriage Act. Q: How does the Supreme Court’s Windsor v. United States decision impact immigration law? A: The Supreme Court has found section 3 of the Defense of Marriage Act (DOMA) unconstitutional. Effective immediately, U.S. embassies and consulates will adjudicate …

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USCIS Issues Additional DOMA FAQ's

The U.S. Citizenship and Immigration Services (USCIS), publishes its Same-Sex Marriages web page, which details more information about the implementation of the U.S. Supreme Court's #DOMA ruling. New information also confirms that applicants, who believe that they are eligible, may apply for immigration benefits right away.  They do not need wait until USCIS issues new regulations, guidance or forms.

#immigrationupdates

USCIS – Same-Sex Marriages
Statement from Secretary of Homeland Security Janet Napolitano on July 1, 2013: “After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its …

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