The employment-based first preference category (EB1) continues to remain current for all countries. The priority date for EB2 China has moved forward two months to July 15, 2008 while EB2 India once again remains at September 1, 2004. The EB2 category for all other countries, including Mexico and the Philippines, remain current.

Note that DOS looks at your country of birth in determining whether you are a national of a given country, not your country of citizenship. It is country of birth (yours or your spouse) that determines which country to which you are “charged” or “counted” for purposes of permanent residency. For example, if you were born in India but have since become a citizen of Canada, you are still charged against India and you have to look at advancements for India rather than worldwide numbers. As another example, if you (principal applicant on an employment based process) were born in India but you are married to a person who was born in Canada, both of you can be charged against Canada. This latter example is called “cross-chargeability”.

For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed nationality-specific charts of quota movement since 1996.

Please also note that while Congress is contemplating new immigration legislation it is far too early to look at the potential changes and their impact on the immigration system. Until new legislation is actually passed and becomes law, we can only look to the current laws for how cases will be processed.

For the time being, USCIS plans to continue concurrent EB-5 adjudications at the California Service Center (CSC) until the EB-5 Program Office in Washington, DC is fully operational. However, we do not anticipate significant short-term improvement in current processing time of EB-5 petitions (approximately 12 months for I-526 petitions and 18 months for I-924 petitions) as USCIS has indicated it will take several months to fully train new EB-5 adjudicators at the EB-5 Program Office. The long-term forecast looks brighter as concurrent adjudications at the CSC and EB-5 Program Office in Washington, DC may help alleviate the backlog in EB-5 adjudications.

All employers are required to complete and retain a Form I-9 for each employee hired to work in the United States. Employers should not complete a new Form I-9 for existing employees, however, if a properly completed Form I-9 is already on file.

The revised form, instructions and revised employer handbook are available online at www.uscis.gov/I-9. For more information, please call USCIS at 888-464-4218 or visit I-9 Central, a website maintained by USCIS to support Form I-9 users. USCIS has also scheduled free webinars to help employers learn about the new form.  Employers may also order forms by calling USCIS toll-free at 1-800-870-3676.

The legislation would overhaul the US immigration system. It addresses many long-standing complaints with the existing system, including backlogs and quota limits on both immigrant and nonimmigrant visas. However, the bill also contains significant new enforcement measures, such as the potential expansion of the current E-Verify regime into a mandatory nationwide requirement, as well as new border security and interior enforcement measures.

Although the bill has generated a great deal of optimism, it is in the early stage of the legislative process. The bill is expected to be referred to the full Judiciary Committee in May 2013 for amendments. It is then expected to be on the Senate floor in early June 2013.   There will likely be months of public debate, as significant opposition has already arisen. Despite the groundswell of support for immigration reform, opponents of the bill are already discussing the possibility of “poison pill” amendments that could stymie or derail the bill. It is more likely that challenges or significant modifications will occur in the House of Representatives, which has a similar bipartisan group working on its own comprehensive immigration bill.

Jackson & Hertogs will keep you updated on all developments with respect to immigration reform.

We understand that foreign nationals and employers are anxious to receive word regarding whether particular cases have been received or not. J&H is notifying foreign nationals and employers immediately as we receive receipt notices for H-1B petitions selected for the FY 2014 cap. If your case was not submitted using Premium Processing and was instead submitted via regular processing, we will not know until late April or early May if your case was selected for the FY 2014 cap.

Please note that USCIS also announced that they cannot accept upgrades to premium processing for any cases until the receipts are actually issued. This means that there is no way to “upgrade” a case in order to force out a receipt notice if the case was selected.

The employment-based first preference category (EB1) continues to remain current for all countries. The priority date for EB2 China has moved to May 15, 2008 while EB2 India once again remains at September 1, 2004. The EB2 category for all other countries, including Mexico and the Philippines, remain current.

DOS explained that the forward movement in the EB3 category is an attempt to generate demand so that the annual numerical limit may be fully utilized.  They expect forward movement to continue for the next few months but note that the rapid movement of cut-off dates is often followed by a large increase in demand for visa numbers.  Any such increase would once again slow-down or stop any forward movement in this category. While DOS attempts to avoid retrogression in visa availability, this is also a possibility when there is rapid movement during the fiscal year. Keep in mind that the government’s fiscal year runs October 1 to September 30.

Note that DOS looks at your country of birth in determining whether you are a national of a given country, not your country of citizenship. It is country of birth (yours or your spouse) that determines which country to which you are “charged” or “counted” for purposes of permanent residency. For example, if you were born in India but have since become a citizen of Canada, you are still charged against India and you have to look at advancements for India rather than worldwide numbers. As another example, if you (principal applicant on an employment based process) were born in India but you are married to a person who was born in Canada, both of you can be charged against Canada. This latter example is called “cross-chargeability”.

For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed nationality-specific charts of quota movement since 1996.

Please also note that while Congress is contemplating new immigration legislation it is far too early to look at the potential changes and their impact on the immigration system. Until new legislation is actually passed and becomes law, we can only look to the current laws for how cases will be processed.

During its “opening week”,  USCIS’ receipt of 39,000 H-1B visa petitions over the annual allotment demonstrates the increasingly untenable nature of the H-1B visa’s annual numerical limits. We urge you to reach out to your congressional representatives and ask them to address this issue in the pending immigration reform legislation. In order for the United States to maintain its leadership as an innovative and vibrant economic force, highly educated individuals should not be turned away based on an outdated and arbitrary quota limit.

The H-1B visa program ensures that U.S. employers have access to specialized workers essential to America’s economic development and global competitiveness. However, the annual numeric cap on H-1B visas – set over 20 years ago – has failed to grow with our country’s economic needs. Because of the annual cap on H-1B visas, employers lose the ability to hire very talented foreign nationals, who were very often educated in US universities.

The time is now to achieve immigration reform. Immigration reform is one of the hottest issues in Washington, D.C. We are urging our clients to be part of the conversation and the solution to help bring the US Immigration Policy forward to meet the current and future needs of U.S. businesses. While Congress is primarily focused on improving the economy, a comprehensive reform of our immigration laws is an essential component to our economic recovery. Jackson & Hertogs’ own Atessa Chehrazi will travel to Washington D.C. to meet with our elected representatives on April 11, 2013 as part of a “Lobby Day” contingent of the American Immigration Lawyers Association (AILA).

We would like you to be part of our lobby day campaign, and we will hand deliver your letters! We have prepared a sample draft letter focused on the H-1B and immigrant visa shortages which you may access on our website at http://www.jackson-hertogs.com/issues/CIR_employer_support_letter.doc.   Please insert some information regarding your company and then print the final letter on your letterhead, sign or arrange for signature, and preferably forward us originals of the letter addressed to your Senators and your Congressional representative for us to hand deliver to your elected representatives. This means three letters from each signatory. Please forward the letters via e-mail to achehrazi@jackson-hertogs.com.

U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption. After today, USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption.

USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS is currently not providing the total number of petitions received, as we continue to accept filings today. USCIS will continue to accept and process petitions that are otherwise exempt from the cap.

USCIS will provide more detailed information about the H-1B cap next week.

The change will take effect on April 26, 2013 and will be phased in at air and sea ports of entry beginning April 30, 2013. Visitors arriving to the US by air or sea will no longer be required to fill out a paper form once automation takes effect.

Future travelers who desire a hard copy of their I-94 will be directed to a special US CBP website, allowing them to print a copy of their Form I-94 based on electronically submitted data. Please note that the CBP’s new “I-94 website” will not go live until the end of April 2013.

The transition to the automated Form I-94 may take some time. As a cautionary measure, it is best to print out a copy of your Form I-94 from the CBP’s website. This is because other government agencies, including state departments of motor vehicles and/or the Social Security Administration, may continue to temporarily require the paper Form I-94 as evidence to obtain benefits.

You can read more about the new I-94 process here: http://www.cbp.gov/xp/cgov/newsroom/news_releases/national/03272013.xml

Petitioners may file an H-1B cap petition with the premium processing fee, but the 15 day premium processing period will not begin until April 15, 2013.  During the period from April 1 to April 14, the premium processing will be held in abeyance. The 15 day premium processing period will begin for all H-1B cap petitions that are accepted on April 15th.  In other words, H-1B cap visa petitions filed with or without a request for premium processing will be treated the same up until April 15. On April 15, the H-1B cap visa petitions which include a request for premium processing will be processed under the normal premium processing rules.

This delay to premium processing adjudication will only apply to cap subject H-1B petitions.

Travelers are encouraged to check post-specific websites for these and other updates to local visa application procedures before finalizing travel plans.

The employment-based third preference category (EB3) numbers for all countries except the Philippines made some—slight—forward movement. China advanced the most significantly, by three months, to April 22, 2007. EB3 India moved forward about two weeks to December 8, 2002, EB3 Philippines remains at September 8, 2006 and EB3 for all other countries, including Mexico, moved from May 1, 2007 to July 1, 2007.

Note that DOS looks at your country of birth in determining whether you are a national of a given country, not your country of citizenship. It is country of birth (yours or your spouse) that determines which country to which you are “charged” or “counted” for purposes of permanent residency. For example, if you were born in India but have since become a citizen of Canada, you are still charged against India and you have to look at advancements for India rather than worldwide numbers. As another example, if you (principal applicant on an employment based process) were born in India but you are married to a person who was born in Canada, both of you can be charged against Canada. This latter example is called “cross-chargeability”.

For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed nationality-specific charts of quota movement since 1996.

Employers should begin using the newly revised Form I-9 (Rev. 03/08/13) for all new hires and reverifications as soon as possible and no later than May 7, 2013.  Employers may continue to use previously accepted revisions (Rev. 02/02/09) and (Rev. 08/07/08) during this 60 day grace period. Note that employers do not need to complete the new Form I–9 for current employees for whom there is already a properly completed Form I–9 on file, unless re-verification applies.  A Spanish version of the new form is available for use in Puerto Rico only, although employers may use it for reference when assisting Spanish speaking employees complete the English version.

The new Form I-9 is two pages long, clearly separating the employee attestation section (page 1) from the employer review and verification section (page 2). Note that the new requests for “USCIS Number” refer to the employee’s Alien Registration Number (A-Number) without the “A” prefix.  Section 2 now includes space for a third “List A” document for students or exchange visitors presenting Form I-20 or DS-2019. Other formatting changes include shaded headings, barcode spaces, boxed signature fields, and a boxed field for the employee’s social security number. Substantive changes include requests for new optional information such as the employee’s e-mail address and telephone number. Importantly, the new Form I-9 now asks employees for their passport number and country of issuance when using a Form I-94 received upon entrance to the United States. Also, Section 3, formerly titled “Updating and Reverification,” is now titled “Reverification and Rehires.” USCIS stated Section 3 may be used to record a name change if Section 3 is otherwise completed (i.e. if the form is already being used for reverification or rehire). The instructions to the new Form I-9 are nine pages long in an effort by USCIS to improve their clarity.

Employers are urged to familiarize themselves with the new form and begin using it for both paper and electronic completion as soon as possible.  USCIS maintains a website, I-9 Central, to support Form I-9 users. USCIS has also scheduled free webinars to help employers learn about the new form.

[O]bviously sequestration has a broader impact on our ability at all of our operations and our posts. And so one of the areas that we’ve particularly had a surge in hiring is on visa adjudicators, and sequestration certainly could have an impact in that regard.

The recent efforts by DOS in the past year have resulted in more than 90 percent of visa applicants worldwide being interviewed within three weeks of submitting their visa applications and a large reduction in average visa issuance wait times. In China, for example, consular officers have kept interview wait times to an average of five days while consular officers in Brazil have brought wait times down by 98 percent. Reductions in visa applications directly affect the tourism industry, which is estimated by DOS to create one new American job for every 65 visitors to the United States. If sequestration does take place tonight, visa applicants are cautioned to expect delays to the processing of their visa applications. Jackson & Hertogs is monitoring this situation, and will post updates as it evolves.

In addition, Mr. Charles Oppenheim, Chief of the State Department’s Visa Control and Reporting Division, who is responsible for drafting the monthly Visa Bulletin, recently stated that worldwide EB-5 visa usage is up 75% when compared with this time last year.

The employment-based third preference category (EB3) numbers for all countries made some—slight—forward movement. China advanced to January 22, 2007. EB3 India moved forward one week to November 22, 2002, EB3 Philippines moved forward to September 1, 2006 and EB3 for all other countries, including Mexico, moved from March 15, 2007 to May 1, 2007.

Note that DOS looks at your country of birth in determining whether you are a national of a given country, not your country of citizenship. It is country of birth (yours or your spouse) that determines which country to which you are “charged” or “counted” for purposes of permanent residency. For example, if you were born in India but have since become a citizen of Canada, you are still charged against India and you have to look at advancements for India rather than worldwide numbers. As another example, if you (principal applicant on an employment based process) were born in India but you are married to a person who was born in Canada, both of you can be charged against Canada. This latter example is called “cross-chargeability”.

For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed nationality-specific charts of quota movement since 1996.

The employment-based third preference category (EB3) numbers for all countries made some—slight—forward movement. China advanced to November 15, 2006. EB3 India moved forward one week to November 15, 2002, EB3 Philippines moved forward to August 22, 2006 and EB3 for all other countries, including Mexico, moved from February 1, 2007 to March 15, 2007.

Note that DOS looks at your country of birth in determining whether you are a national of a given country, not your country of citizenship. It is country of birth (yours or your spouse) that determines which country to which you are “charged” or “counted” for purposes of permanent residency. For example, if you were born in India but have since become a citizen of Canada, you are still charged against India and you have to look at advancements for India rather than worldwide numbers. As another example, if you (principal applicant on an employment based process) were born in India but you are married to a person who was born in Canada, both of you can be charged against Canada. This latter example is called “cross-chargeability”.

For general information on visa retrogression, please see our FAQ on this subject. For more information on the Visa Bulletin and country quota movements, including information about movement in the Family-Based Quotas, please see our DOS Visa Bulletin and Quota Movement page, which includes detailed nationality-specific charts of quota movement since 1996.