July Visa Bulletin -- Retrogression in India EB-2 and DOS Predictions for Future Availability
The U.S. State Department’s July 2009 Visa Bulletin reflects a retrogression of more than five years in the Employment Second Preference for China. The Employment First and Third Preference categories remain unchanged compared to the June 2009 Visa Bulletin.
The U.S. State Department (DOS) provided the following predictions for the employment-based categories:
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Employment First Preference (EB-1) remains current but demand in this category is high. In fact, DOS anticipates that it may need to establish a cut-off date in August or September in the EB-1 category for India and China. In the past, India and China benefited from excess visas from other countries, but the increased demand from other countries has eliminated this excess.
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Employment Second Preference (EB-2) outlook for China and India is not optimistic. DOS expects that this category for both countries may become unavailable in August or September of 2009. A significant number of cases - a number that grossly exceeds the 2,800 annual limit for each country - are currently awaiting visa numbers from the DOS and the DOS anticipates that natives of both countries will face long waits absent legislative relief.
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Employment Third Preference (EB-3) will remain unavailable across the board until the end of this fiscal year. DOS estimates that EB-3 Worldwide will start the new fiscal year with the cut-off date of March 1, 2003, while estimated cut-off dates for other regions are March 1, 2003 for China, November 1, 2001 for India, and March 1, 2003 for Mexico. DOS noted that these estimates are based on "current demand" in the first part of FY2009 and that changes are possible when actual dates are established.
Despite the grim outlook for the future of permanent visa number availability, it should be noted that this situation could be remedied in the near future with comprehensive immigration reform. While the passage of reform in this calendar year is not a certainty, the Obama administration and sponsors of immigration reform legislation remain cautiously optimistic about a near-term development.
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Updated H-1B Cap Count
U.S. Immigration and Citizenship Services (USCIS) updated the number of FY2010 H-1B petitions received as of June 5, 2009: approximately 44,400 H-1B cap-subject petitions have been received and counted toward the cap. The statutory limit in the “basic degree” category is 65,000. USCIS indicated that it has received approximately 20,000 petitions qualifying for the “advanced degree” cap exemption. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits.
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Delays in Production of Permanent Resident Cards
U.S. Citizenship and Immigration Services (USCIS) announced at the end of May that applicants may experience a delay of up to eight weeks in the delivery of their permanent resident cards due to an upgrade of USCIS' card production equipment. Temporary evidence of permanent residence in the form of an I-551 stamp will be provided to applicants who are approved for permanent residence at the time of their interview. Applicants must bring a passport to the appointment in order to receive the I-551 stamp. If the applicant does not have a passport, a passport style photo and government issued photo identification are required to receive temporary evidence of permanent residence. Applicants whose approval is granted after the interview or by a Service Center or the National Benefit Center, can receive temporary evidence of permanent residence at an INFOPASS appointment.
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US-VISIT: Test of Biometric Exit Procedures at Two U.S. Airports
The Department of Homeland Security (DHS) announced a pilot program for the development of the US-VISIT exit procedures for international travelers. The program started on May 28, 2009 and is expected to run until early July at two U.S. ports of entry -- Hartsfield-Jackson Atlanta International Airport and Detroit Metropolitan Wayne County Airport. Non-U.S. citizens who are leaving the United States from one of these airports should expect to submit biometrics consisting of one or more digitally submitted fingerprints before boarding their plane. The purpose of the program is to assist in the development of standard procedures to allow DHS to "determine faster and more accurately whether non-U.S. citizens have departed the United States on time or remained in the country illegally."
US-VISIT provides biometric identification services to federal, state and local agencies. With limited exemptions, US-VISIT currently applies to all international visitors who enter the United States, including
Visa Waiver Program travelers. US-VISIT does not apply to U.S. citizens. For more information on US-VISIT
click here.