USCIS Updates Information on FY2010 H-1B Petition Filings

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the number of filings for H-1B petitions for the fiscal year 2010 program. USCIS has received approximately 45,500 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.

Source: www.uscis.gov

June 2009 Visa Bulletin

Visa Bulletin

Number 9
Volume IX
Washington, D.C.

VISA BULLETIN FOR JUNE 2009

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by May 7th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date which has been announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:  Unmarried Sons and Daughters of Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A.  Spouses and Children:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B.  Unmarried Sons and Daughters (21 years of age or older):  23% of the overall second preference limitation.

Third:  Married Sons and Daughters of Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.
EMPLOYMENT-BASED PREFERENCES

First:    Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5.  On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Fam-ily	All Charge- ability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPP-INES
1st	08NOV02	08NOV02	08NOV02	08OCT92	01SEP93
2A	15DEC04	15DEC04	15DEC04	15MAY02	15DEC04
2B	01FEB01	01FEB01	01FEB01	01MAY92	01APR98
3rd	08OCT00	08OCT00	08OCT00	22OCT92	01JUL91
4th	15AUG98	15AUG98	15AUG98	22MAY95	01AUG86

*NOTE: For June, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15MAY02.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15MAY02 and earlier than 15DEC04.  (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIP-PINES
Employ-ment -Based
1st	C	C	C	C	C
2nd	C	15FEB05	01JAN00	C	C
3rd	U	U	U	U	U
Other Workers	U	U	U	U	U
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employ-ment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Progams	C	C	C	C	C

The Department of State has available a recorded message with visa availability information which can be heard at:  (area code 202) 663-1541.  This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category:  Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This reduction has resulted in the DV-2009 annual limit being reduced to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For June, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	39,600	Except: Egypt 20,650 Ethiopia 19,500 Nigeria 12,750
ASIA	30,350
EUROPE	28,000
NORTH AMERICA (BAHAMAS)	15
OCEANIA	930
SOUTH AMERICA, and the CARIBBEAN	1,100

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2009 program ends as of September 30, 2009.  DV visas may not be issued to DV-2009 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2009 principals are only entitled to derivative DV status until September 30, 2009.  DV visa availability through the very end of FY-2009 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

For JULY, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	48,700	Except: Egypt  21,600 Ethiopia 21,100 Nigeria 14,400
ASIA	CURRENT
EUROPE	CURRENT
NORTH AMERICA (BAHAMAS)	CURRENT
OCEANIA	CURRENT
SOUTH AMERICA, and the CARIBBEAN	CURRENT

D. RETROGRESSION OF THE INDIA EMPLOYMENT SECOND PREFERENCE CUT-OFF DATE

It has been necessary to retrogress the India Employment Second preference cut-off date for June to keep visa issuances within the annual category numerical limit.  At this time, it is not possible to estimate whether or not this retrogression will apply throughout the remainder of the fiscal year.

E. EMPLOYMENT-BASED VISA AVAILABILITY DURING THE REMAINDER OF FISCAL YEAR 2009

Applicant demand for numbers, primarily for adjustment of status cases at Citizenship and Immigration Services offices, has been extremely heavy throughout the year.   As a result, visa availability during the final quarter could become limited as categories approach their annual numerical limits.   Therefore, visa availability throughout the remainder of the year cannot be guaranteed, and the establishment of cut-off dates, or retrogression of existing cut-off dates, cannot be ruled out.

F. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB.  The INTERNET Web address to access the Bulletin is:

http://travel.state.gov/

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State€™s E-mail subscription list for the €œVisa Bulletin€, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example:  Subscribe Visa-Bulletin  Sally Doe)

To be removed from the Department of State€™s E-mail subscription list for the  €œVisa Bulletin€, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO:May 7, 2009

Source: www.uscis.gov

May 2009 Visa Bulletin

Visa Bulletin

Number 8
Volume IX
Washington, D.C.

VISA BULLETIN FOR MAY 2009

A.  STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by April 8th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:  Unmarried Sons and Daughters of Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A.  Spouses and Children:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B.  Unmarried Sons and Daughters (21 years of age or older):  23% of the overall second preference limitation.

Third:  Married Sons and Daughters of Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.
EMPLOYMENT-BASED PREFERENCES

First:    Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference
level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5.  On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Fam-ily	All Charge- ability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPP-INES
1st	22SEP02	22SEP02	22SEP02	08OCT92	01AUG93
2A	08OCT04	08OCT04	08OCT04	01APR02	08OCT04
2B	15NOV00	15NOV00	15NOV00	01MAY92	01FEB98
3rd	08SEP00	08SEP00	08SEP00	22OCT92	22JUN91
4th	08JUN98	22MAR98	08JUN98	01MAY95	08JUL86

*NOTE: For May, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01APR02.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01APR02 and earlier than 08OCT04.  (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIP-PINES
Employ-ment -Based
1st	C	C	C	C	C
2nd	C	15FEB05	15FEB04	C	C
3rd	U	U	U	U	U
Other Workers	U	U	U	U	U
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employ-ment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Progams	C	C	C	C	C

The Department of State has available a recorded message with visa availability information which can be heard at:  (area code 202) 663-1541.  This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category:  Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This reduction has resulted in the DV-2009 annual limit being reduced to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For May, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	32,400	Except: Egypt 19,150 Ethiopia 17,750 Nigeria 11,550
ASIA	22,800
EUROPE	24,900
NORTH AMERICA (BAHAMAS)	10
OCEANIA	825
SOUTH AMERICA, and the CARIBBEAN	1,000

C.  ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE

For JUNE, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	39,600	Except: Egypt 20,650 Ethiopia 19,500 Nigeria 12,750
ASIA	30,350
EUROPE	28,000
NORTH AMERICA (BAHAMAS)	15
OCEANIA	930
SOUTH AMERICA, and the CARIBBEAN	1,100

D.  EMPLOYMENT FOURTH PREFERENCE CERTAIN RELIGIOUS WORKER, AND EMPLOYMENT FIFTH PREFERENCE INVESTOR PILOT PROGRAM cATEGORIES

Legislative action which occurred during March has extended the Employment Fourth preference Certain Religious Workers, and Employment Fifth preference Investor Pilot program categories until September 30,2009.

E.  UNAVAILABILITY OF THE EMPLOYMENT THIRD PREFERENCE AND EMPLOYMENT THIRD PREFERENCE “OTHER WORKER” CATEGORIES

The cut-off dates for the Employment Third and Third preference “Other Worker” categories were held and then retrogressed in an effort to bring demand within the average monthly usage targets and the overall annual numerical limits.   Despite these efforts, the amount of demand received from Citizenship and Immigration Services Offices for adjustment of status cases with priority dates that were significantly earlier than the established cut-off dates remained extremely high.  As a result, these annual limits have been reached and both categories have become “Unavailable.”

Visa availability in these categories will resume in October, the first month of the new fiscal year.

F. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB.  The INTERNET Web address to access the Bulletin is:

http://travel.state.gov/

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example:  Subscribe Visa-Bulletin  Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the  “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: April 8, 2009

Source: www.uscis.gov

Cancer drug erases man’s fingerprints, doctor says

(CNN) — A Singapore man undergoing treatment for cancer was detained for four hours by U.S. immigration officials after the drug he was taking caused his fingerprints to disappear.

Foreign visitors undergo mandatory fingerprint screening when they enter the United States.

Now, the unidentified man’s oncologist is asking patients taking the commonly used drug, capecitabine, to carry a doctor’s note when they travel to the United States.

The oncologist, Eng-Huat Tan of the National Cancer Center in Singapore, described the encounter in a letter published in the current issue of the cancer journal Annals of Oncology.

The 62-year-old cancer patient, identified as Mr. S, eventually was allowed to enter the United States and visit relatives after officials determined he did not pose a security threat.

According to the oncologist, the patient had neck and head cancer that had spread. He responded well to chemotherapy.

To prevent a recurrence, doctors placed him on capecitabine, marketed in the United States as Xeloda.

One of the side effects of the drug is hand-foot syndrome. It causes the skin on the hands and feet to peel. With time, the drug can erase fingerprints.

“It is uncertain when the onset of fingerprint loss will take place in susceptible patients who are taking capecitabine,” the doctor wrote.

His patient started on the drug in July 2005.

“However, it is possible that there may be a growing number of such patients as Mr. S. … These patients should prepare adequately before traveling to avert the inconvenience that Mr. S was put through.”

Foreign visitors undergo mandatory fingerprint screening when they enter the United States.

Source: http://www.cnn.com/2009/US/05/28/cancer.fingerprints/?iref=mpstoryview

USCIS Updates Information on FY2010 H-1B Petition Filings

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced information on the 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.

Source: www.uscis.gov

USCIS Modifies Application for T Nonimmigrant Status Revised Form I-914 Effective on May 6, 2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has revised Form I-914, Application for T Nonimmigrant Status (edition date 3/30/09). Previous editions of Form I-914 will be accepted for 30 days. The final date USCIS will accept previous editions of Form I-914 is June 6, 2009.

The T Nonimmigrant Status provides temporary immigration benefits to aliens who are victims of severe forms of trafficking in persons, and, where appropriate, to their immediate family members.  The form revision was necessitated by statutory changes which have previously been implemented but needed to be appropriately reflected on the existing form.  It is expected that additional changes to the form may be required because of more recent statutory changes.  Once this occurs our customers will be informed through a similar update.

Source: www.uscis.gov

USCIS Issues Information on H1N1 Flu Preparedness

All USCIS offices in the United States are open for business. Customers in the United States should plan to attend all previously scheduled appointments, interviews and ceremonies unless they are feeling ill.

All USCIS offices in Mexico, except for emergency cases, are closed to the public.

If you are feeling ill, please contact the National Customer Service Center at 800-375-5283 and USCIS will reschedule your appointment, interview or ceremony.

If you are scheduled to appear for an interview at an asylum office, please contact the asylum office having jurisdiction over your case, as indicated on your interview notice:

Arlington Asylum Office           703-235-4100
Chicago Asylum Office            312-353-9607
Houston Asylum Office            281-774-4830
Los Angeles Asylum Office     714-808-8199
Miami Asylum Office                 305-960-8600
Newark Asylum Office             201-531-0555
New York Asylum Office         718-723-5954
San Francisco Asylum Office  415-293-1234

For additonal information on the H1N1 Flu, click on the following graphic, or in the related links section of this page.

Source: www.uscis.gov

April 2009 Visa Bulletin

Number 7
Volume XI
Washington, D.C.

VISA BULLETIN FOR APRIL 2009

A. STATUTORY NUMBERS

1.  This bulletin summarizes the availability of immigrant numbers during April. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status.  Allocations were made, to the extent possible under the numerical limitations, for the demand received by March 6th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category or foreign state in which demand was excessive was deemed oversubscribed.  The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits.  Only applicants who have a priority date earlier than the cut-off date may be allotted a number.  Immediately that it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000.  The worldwide level for annual employment-based preference immigrants is at least 140,000.  Section 202 prescribes that the per-country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620.  The dependent area limit is set at 2%, or 7,320.

3.  Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First:  Unmarried Sons and Daughters of Citizens:  23,400 plus any numbers not required for fourth preference.

Second:  Spouses and Children, and Unmarried Sons and Daughters of Permanent
Residents:  114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A.  Spouses and Children:  77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B.  Unmarried Sons and Daughters (21 years of age or older):  23% of the overall second preference limitation.

Third:  Married Sons and Daughters of Citizens:  23,400, plus any numbers not required by first and second preferences.

Fourth:  Brothers and Sisters of Adult Citizens:  65,000, plus any numbers not required by first three preferences.

EMPLOYMENT-BASED PREFERENCES

First:    Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth:  Certain Special Immigrants:  7.1% of the worldwide level.

Fifth:  Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

4.  INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed.  Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal.  The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit.  These provisions apply at present to the following oversubscribed chargeability areas:  CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5.  On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available.  (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Fam-ily	All Charge- ability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPP-INES
1st	15AUG02	15AUG02	15AUG02	08OCT92	01AUG93
2A	15AUG04	15AUG04	15AUG04	01JAN02	15AUG04
2B	01SEP00	01SEP00	01SEP00	01MAY92	15JAN98
3rd	22AUG00	22AUG00	22AUG00	22OCT92	15JUN91
4th	15APR98	08JAN98	15APR98	22APR95	22JUN86

*NOTE:  For April, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JAN02.  2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JAN02 and earlier than 15AUG04.  (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIP-PINES
Employ-ment -Based
1st	C	C	C	C	C
2nd	C	15FEB05	15FEB04	C	C
3rd	01MAR03	01MAR03	01NOV01	01MAR03	01MAR03
Other Workers	01MAR01	01MAR01	01MAR01	01MAR01	01MAR01
4th	C	C	C	C	C
Certain Religious Workers	U	U	U	U	U
5th	C	C	C	C	C
Targeted Employ-ment Areas	C	C	C	C	C
5th Pilot Progams	U	U	U	U	U

The Department of State has available a recorded message with visa availability information which can be heard at:  (area code 202) 663-1541.  This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category:  Section 203(e) of the NACARA, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year.  This reduction is to be made for as long as necessary to offset adjustments under the NACARA program.  Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

B.  DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States.  The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program.  This reduction has resulted in the DV-2009 annual limit being reduced to 50,000.  DV visas are divided among six geographic regions.  No one country can receive more than seven percent of the available diversity visas in any one year.

For April, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	26,900	Except: Egypt 17,400 Ethiopia 15,700 Nigeria 9,900
ASIA	17,400	Except: Bangladesh  11,000
EUROPE	20,800
NORTH AMERICA (BAHAMAS)	7
OCEANIA	715
SOUTH AMERICA, and the CARIBBEAN	900

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery.  The year of entitlement for all applicants registered for the DV-2009 program ends as of September 30, 2009.  DV visas may not be issued to DV-2009 applicants after that date.  Similarly, spouses and children accompanying or following to join DV-2009 principals are only entitled to derivative DV status until September 30, 2009.  DV visa availability through the very end of FY-2009 cannot be taken for granted.  Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN MAY

For May, immigrant numbers in the DV category are available to qualified DV-2009 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region	All DV Chargeability Areas Except Those Listed Separately
AFRICA	32,400	Except: Egypt 19,150 Ethiopia 17,750 Nigeria 11,550
ASIA	22,800
EUROPE	24,900
NORTH AMERICA (BAHAMAS)	10
OCEANIA	825
SOUTH AMERICA, and the CARIBBEAN	1,000

D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

Employment Fourth Preference Certain Religious Workers:

Pursuant to Section 2(a) of the Special Immigrant Nonminister Religious Worker Program Act (Pub. L. 110-391), the nonminister special immigrant program expires on March 6, 2009.

Employment Fifth Preference Pilot Program Categories (I5, R5):

Pursuant to Section 144 of the Consolidated Security, Disaster Assistance, and Continuing Appropriations Act, 2009 (Public Law 110-329), the immigrant investor pilot program expires on March 6, 2009.

The cut-off dates for the above categories are shown as “Unavailable” for April.  Congress is considering an extension for each of these categories, but there is no certainty when such legislative action may occur.  If legislation to extend either of these categories is enacted, the cut-off date for that category would immediately become “Current.”

E. RETROGRESSON OF THE WORLDWIDE, MEXICO, AND PHILIPPINES EMPLOYMENT THIRD PREFERENCE CUT-OFF DATES FOR APRIL

Despite the established cut-off date having been held for the past five months in an effort to keep demand within the average monthly usage targets, the amount of demand being received from Citizenship and Immigration Services (CIS) Offices for adjustment of status cases remains extremely high.  Therefore, it has been necessary to retrogress the April cut-off dates in an attempt to hold demand within the FY-2009 annual limit.  Since over 60 percent of the Worldwide and Philippines Employment Third preference CIS demand received this year has been for applicants with priority dates prior to January 1, 2004, the cut-off date has been retrogressed to 01MAR03 to help ensure that the amount of future demand is significantly reduced.  As indicated in the last sentence of Item A, paragraph 1, of this bulletin, this cut-off date will be applied immediately.  It should also be noted that further retrogression or “unavailability” at any time cannot be ruled out.

It has also been necessary to retrogress the Employment Third Preference Other Worker cut-off date for all countries in order to hold the issuance level within the annual limit.
F. VISA AVAILABILITY IN THE COMING MONTHS

During the past year, many preference categories have experienced steady and sometimes rapid cut-off date movement.  Such action is normally followed by an increase in applicant demand.   Heavy applicant demand for numbers in some categories could require cut-off date movements to slow, stop, or even retrogress at some point during the remainder of FY-2009, in order to hold visa use within the applicable annual numerical limits.  Should such action occur, it would most likely be only temporary in nature, pending the start of the new fiscal year in October.G. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB.  The INTERNET Web address to access the Bulletin is:

http://travel.state.gov/

From the home page, select the VISA section which contains the Visa Bulletin.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example:  Subscribe Visa-Bulletin  Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the  “Visa Bulletin”, send an e-mail message to the following E-mail address:

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (area code 202) 663-1541. The recording is normally updated by the middle of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO: March 6, 2009

Source: www.uscis.gov

Questions and Answers: Permanent Resident Card (Form I-90) Revised Filing Instructions

Background

U.S. Citizenship and Immigrations Services (USCIS) published a Federal Register notice on April 28, 2009 that changes the filing location and filing instructions for the Application to Replace Permanent Resident Card (Form I-90) (see “Related Links” on the right side of this page).  The revised filing instructions require applicants to submit supporting documentation with their applications.  Prior to this change, applicants were instructed to bring their supporting documentation to their biometrics appointments.  The notice also revises the Direct Mail address for the Form I-90.  Applicants must now file their Form I-90 and supporting documentation with the USCIS Lockbox facility in Phoenix.
This change in filing location affects all I-90 applicants filing a paper form, including those applicants filing the I-90 because their previously issued card was never received or because their existing card has incorrect data due to a USCIS error.  This notice does not affect applicants filing an I-90 electronically or whose place of residence is outside the United States.

Questions and Answers

Q.  What changes have been made to the filing instructions?
A.  Previously customers were asked to bring supporting documentation with them to their Application Support Center (ASC) or biometrics appointment. Applicants must now mail supporting documentation with their Form I-90 to the Lockbox in Phoenix.

Q.  How will filing I-90 applications with a new lockbox impact customers?
A.  Customers filing an I-90 application will experience little visible effect due to this change in filing location.  USCIS customers previously filed Form I-90 with a lockbox facility in Los Angeles.  The Los Angeles facility is closing and the filing location for the Form I-90 is changing to a USCIS lockbox facility in Phoenix.  The Phoenix lockbox facility is operated by J.P. Morgan.  The Department of Treasury selected JPMorgan to be the sole lockbox provider for USCIS immigration forms.

Q.  Who will be responsible for adjudicating I-90 fee waiver requests for cases filed at the Lockbox?
A.  USCIS staff at the Phoenix Lockbox facility will review applications received with fee waiver requests and will determine whether a fee waiver can be granted, based on the circumstances and evidence supplied by the applicant.  Fee waivers will be adjudicated in accordance with established USCIS guidance based on the circumstances and evidence supplied by the applicant.

Q.  What types of I-90 applications will be filed at the lockbox?
A.  All paper-filed I-90 applications will be filed at the Phoenix Lockbox, including applications that are being filed because the card was issued but was never received (“b”) or because the card is incorrect due to an error by USCIS (“d”).  This does not affect applicants filing an I-90 electronically.

Q.  What happens if I mail my application to the wrong location?
A.  Applicants should make every effort to mail their I-90 applications to the correct address.  USCIS will forward your Form I-90 to the Phoenix Lockbox facility for the first 30 days after the Federal Register notice announcing the change in filing location is published.   Any applications forwarded will be considered properly filed when received at the Phoenix Lockbox facility unless the application is rejected for other reasons.

After this 30 day transition period, any Form I-90 which is sent to a location other than the Phoenix Lockbox facility will be handled as follows:

• If an I-90 application is mailed through the US Postal Service (USPS) and is sent to the previous USCIS Los Angeles Lockbox address, the USPS will forward it to the Phoenix Lockbox.  This forwarding period will last approximately 90 days.
• If an I-90 application is sent to the previous USCIS Los Angeles Lockbox address via a courier service such as FedEx or UPS, it will be returned to the sender by the respective courier service.  Courier services will not forward a package to another address.
• If an I-90 application is filed at a USCIS Service Center, it will be rejected without prejudice and returned to the sender with a note explaining that the applicant must file the application at the correct filing location.  The note will include the correct mailing address.

Q. What should I do if I already mailed in my application without the supporting documentation prior to this change?
A.  If you have already mailed in your application without the supporting documents, USCIS will contact you through the mail with a Request for Evidence (RFE) Notice.  The RFE will tell you where to mail your supporting documentation.

Q. Can the Form I-90 still be filed electronically?
A.  Form I-90 can still be filed electronically.  For information on electronic filing, please see “Related Links” on the right side of this page.

Source: www.uscis.gov

USCIS Revises Filing Instructions and Direct Mail Program for the Application to Replace Permanent Resident Card (Form I-90)

WASHINGTON — U.S. Citizenship and Immigrations Services (USCIS) published a Federal Register notice on April 28, 2009 that changed the filing location and filing instructions for the Application to Replace Permanent Resident Card (Form I-90).  The revised filing instructions require applicants to submit supporting documentation with their applications.  Prior to this change, applicants were instructed to bring their supporting documentation to their biometrics appointments.  The notice also revises the Direct Mail address for the Form I-90.  Applicants must now file their Form I-90 and supporting documentation with the USCIS Lockbox facility in Phoenix.

This change in filing location affects all I-90 applicants filing a paper form, including those applicants filing the I-90 because their previously issued card was never received or because their existing card has incorrect data due to a USCIS error.  This notice does not affect applicants filing an I-90 electronically or whose place of residence is outside the United States.

Beginning on April 28, 2009, applicants must submit their Form I-90 and supporting documentation to the USCIS Lockbox facility in Phoenix for initial processing, using the following addresses:

USCIS
P.O. Box 21262
Phoenix, AZ 85036

For USPS Express Mail and Courier Service deliveries, use the following address:

USCIS
ATTN: I-90
1820 Skyharbor Circle S Floor 1
Phoenix. AZ 85034

The updated Form I-90 instructions can be found at the ‘Related Links’ section of this page.

Source: www.uscis.gov