IMMIGRATION NEWS BRIEFS
B2 Priority Dates Move Slower Than Predicted
for India
The EB2 India cutoff date predictions issued prior to
publication of the October 2012 Visa Bulletin first indicated
a mid-2007 date, and, at the end of August, predictions were
revised to a 2006 date. Fluctuations in the predictions and
cutoff date of September 1, 2004 reflect a level of uncertainty,
and an apparent effort to regain better control over
the use of visa numbers.
The EB2 worldwide cutoff date is atypical. Prior to the final months of Fiscal Year 2012, EB2 worldwide was current in all but one month for a period of twenty years. The State Department provided an explanation at the end of August regarding EB2 worldwide. It indicated at the time that a cutoff date in EB2 worldwide was under consideration at the start of the fiscal year in an effort to slow the visa number usage and to help predict usage for the rest of the fiscal year.
The October 2012 Visa Bulletin does not include any explanation or predictions for future movement of priority dates. The unusual developments in the October 2012 Visa Bulletin are a continued fallout from the extreme forward movement of cutoff dates in Fiscal Year 2012.
First Immigrants Receive Deferred Action for Childhood Arrivals Approval
The Department of Homeland Security has approved its first wave of applications from young illegal immigrants seeking to avoid deportation and apply for official work permits. The federal department is notifying its first set of applicants this week that they have been approved to remain in the U.S. for a two-year period as part of the Deferred Action for Childhood Arrivals (DACA) program.
USCIS first started accepting applications for the DACA program three weeks ago. According to news sources, over 70,000 people have applied for the program. Background checks and fingerprinting are being conducted on each person applying for DACA consideration. The average wait time, according to the Department of Homeland Security is between four and six months. Applicants must have first come to the U.S. before they were 16 years old, be age 30 or younger and be high school graduates, in college or have served in the military.
*We will post FAQs on the Deferred Action Process in the next issue of Khabar.
USCIS Trying to Prioritize H1B Cap Cases
There continue to be delays in the processing of H1B
petitions in both the California Service Center (CSC) as well
as the Vermont Service Center (VSC). The USCIS has advised
the American Immigration Lawyers Association (AILA) that
additional staff has been assigned to the task of adjudicating
H1B cap-subject cases. Delays in H1B adjudications
beyond October 1, 2012, will either delay the employment
eligibility of the foreign national or force the increased use
of the premium processing option. Premium processing is
a useful and valuable option available to expedite certain
cases, including H1B petitions. However, the expedited service
requires payment of an additional filing fee of $1,225.
VISA PREFERENCE NUMBERS FOR OCTOBER 2012
|
FAMILY |
India |
Pakistan/Bangladesh |
|
1st |
08Oct05 |
08Oct05 |
|
2A |
01Jun10 |
01Jun10 |
|
2B |
15Sep04 |
15Sep04
|
|
3rd |
22May02 |
22May02 |
|
4th |
15Mar01 |
15Mar01 |
|
EMPLOYMENT |
India |
Pakistan/Bangladesh |
|
1st |
Current |
Current |
|
2nd |
01Sep04 |
01Jan12 |
|
3rd |
15Oct02 |
22Oct06 |
|
Other |
15Oct02 |
22Oct06 |
|
4th |
Current |
Current |
|
5th |
Current |
Current1B |
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