Greetings!
Wishing you all a very happy Spring! Please forward this newsletter to persons you think will be interested. |
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Obama Administration Relaxes Deportation Rules for Illegal Immigrants who entered the U.S. as Children
On June 15, 2012, Secretary of Department of Homeland Security (DHS), Janet Napolitano, announced that effective immediately, the U.S. will no longer deport certain immigrants who were brought into the country illegally before the age of 16 and who have not committed a crime since coming into the country as children.
Under the new policy, those who demonstrate they meet the below requirements will be eligible for relief from deportation, and will be eligible to apply for work authorization. Specifically, they will receive a "deferred action" for two years, meaning DHS will agree NOT to place the individual in deportation proceedings or agree NOT to execute an order of deportation. The requirements are as follows:
- The individual came to the U.S, under the age of sixteen;
- Have continuously resided in the U.S for at least five years before June 15, 2012, and was present in the U.S. on June 15, 2012;
- Is currently in school, has graduated from high school, obtained a G.E.D, or was honorably discharged from the Coast Guard or Armed Forces of the U.S.;
- Has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise pose a threat to national security or public safety; and
- Is not over the age of thirty
While this policy is to take effect immediately, USCIS and ICE expect to implement these new regulations within sixty days. In the meantime, if you have any questions regarding this new policy or any other immigration concerns, do not hesitate to contact Challa Law Office at 804-360-8482 or at info@challalaw.com.
Those familiar with emerging immigration legislation should recognize these policies implement key points of the DREAM Act. The Development, Relief and Education for Alien Minors, or DREAM Act, would create a path to citizenship for immigrants who entered the U.S. illegally under the age of 16 and have lived in the United States for at least five years, obtained a high school or G.E.D. diploma, and demonstrated "good moral character." Since efforts to pass the DREAM Act in Congress have failed, it appears the White House has finally taken it upon themselves to implement reforms necessary to our current immigration system.
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H-1B Cap for Fiscal Year 2013 Has Been Reached as of June 11, 2012
USCIS announced on June 12, 2012 that it has reached the H-1B petitions statutory cap of 65,000 for the fiscal year (FY) 2013. One June 7, 2012, USCIS also received more than 20,000 H-1B petitions for persons exempt from the cap under the advanced degree exception. This means that the H-1B season has no closed for the FY 2013 and those wishing to apply for H-1B will have to wait until next April 1, 2013, requesting a start date of October 1, 2013.
Note, petitions must be physically received by USCIS to be considered "filed" as of the final receipt date. Petitioners that were postmarked on the final receipt date are not included in the filed H-1B petitions and USCIS will reject cap-subject H-1B petitions seeking employment start dates in FY 2013 that arrive at USCIS after June 11, 2012.
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USCIS Update on
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Regular H1B Cap (65,000)
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Advanced Degree Cap (20,000)
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April 9, 2012
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17,400
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8,200
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April 17, 2012
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20,600
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9,700
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April 23, 2012
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25,000
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10,900
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April 30, 2012
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29,200
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12,300
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May 8, 2012
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32,500
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13,700
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May 14, 2012
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36,700
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14,800
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May 22, 2012
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42,000
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16,000
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May 30, 2012
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48,400
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17,500
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June 5, 2012
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55,600
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18,700
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June 12, 2012
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65,000
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20,000
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Remaining H1B Cap
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Cap Complete
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Cap Complete
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List of STEM Fields Expanded by DHS
In May, the Department of Homeland Security (DHS) announced an expanded list of STEM fields for foreign graduates applying to training programs after graduation. STEM stands for science, technology, engineering, and mathematics. The U.S. historically does not produce sufficient numbers of American students to fill the labor demand in the fields. Therefore, to encourage foreign graduates from U.S. universities in these fields to stay in the U.S. and contribute their skills, DHS expanded the list of qualifying degrees.
The program, called Optional Practical Training (OPT), allows foreign students who graduate from U.S. colleges and universities to apply for practical work experience in the United States for up to 12 months. But students who graduate from certain STEM degree programs can extend that work experience for an additional 17 months. The newly expanded degree program list includes fields within environmental, food, and computer sciences. A full list of expanded STEM degrees is available at: http://www.ice.gov/doclib/sevis/pdf/stem-list.pdf
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Indian L-1B Visa Denials at U.S. Record High
Denial rates for Indian-born applicants for new L1-B visa petitions filed with USCIS have experienced a dramatic surged from 2.8% in 2008 to a record 13.4% in 2011. New L-1B visas are used by U.S. employers to transfer intercompany professional employees with "specialized knowledge" relating to the organization's interest from one of its affiliated foreign offices to its office in the U.S.
As a result of the increased denial rates for new L1B visas, significant obstacles have emerged for Indian IT firms wanting to transfer their employees to their U.S. offices to work on research projects or to serve end-client customers.
In April 2012, India had launched a formal complaint with the World Trade Organization over the cost of U.S. work visas, alleging that the fees were "too high" and thus discriminatory against Indian firms. The complaint is currently at the 'consultations' level between the U.S. and India which is the last resort to settling a disagreement before entering a full legal dispute. Consultations were then held between the U.S. and India on April 16-17, 2012 in Geneva, Switzerland.
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Lakshmi Challa Discusses Immigration and Agriculture with U.S. Department of Agriculture Deputy Secretary, Kathleen A. Merrigan
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Deputy Secretary Kathleen A. Merrigan
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On June 6, 2012, Lakshmi Challa attended a White House Business Council roundtable with U.S. Department of Agriculture Deputy Secretary, Kathleen A. Merrigan. The event was held in conjunction with Business Forward North Carolina at The Chef's Academy in Morrisville, N.C. The roundtable focused on topics such as the local food economy in N.C. and included input from area producers, consumers and local food entrepreneurs.
At the event, Lakshmi and the Deputy Secretary discussed issues surrounding migrant farm workers and their impact on the U.S. local food economy. They discussed the need for reform to the current USCIS H-2A visa program for temporary agricultural workers. To read more about how migrant works influence U.S. food production and what reforms need to be made visit Lakshmi's blog at:
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Challa Law Night at Richmond Kickers
As proud legal partners for the Richmond Kickers, Challa Law Offices was celebrated by the Richmond Kickers on June 9, 2012. The event was dedicated to CLO as the Richmond Kickers welcomed CLO staff, CLO friends and family, and most important of all CLO clients to the game against Charlotte Eagles at the Richmond City Stadium.
It was an exciting game as the Kickers won in the 89th minute by one goal. The entire team enjoyed the hospitality of CLO Managing Partner, Lakshmi Challa. Both Hunter Leemon, Director of Sales for Kickers and Cody Johnson, Sales & Marketing Coordinator appreciated and thanked CLO's support for the Kickers.
CLO will be back on July 21, 2012 at the Richmond City Stadium to cheer the Kickers on against the Dayton Dutch Lions.
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Lakshmi with Hunter Leemon, Director of Sales for the Kickers
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Getting Ready to Warm Up
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Challa Law's Community Outreach at the Durham Rescue Mission
In celebration of CLO's NC branch's one year anniversary, the entire team from CLO enthusiastically committed itself to community work serving Durham, NC. On May 19, 2012, CLO volunteered at the Durham Rescue Mission, providing and serving an entire meal for over 120 homeless men.
Below are pictures from the event:
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Enjoying the meal
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CLO serving lunch
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CLO Staff with Durham Rescue Mission Director, Kenneth Newkirk
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India & China Employment Based Priority Dates:
For July 2012
China India
First C C
Second U U
Third 22 SEP 05 22 SEP 02
Fourth C C
Fifth C C
OTHER Workers 15 JUN 03 22 SEP 02
Religious Workers C C
India & China Family Based Priority Dates:
For July 2012
China India
F1 08 JUL 05 08 JUL 05
F2A 15 FEB 10 15 FEB 10
F2B 01 MAY 04 01 MAY 04
F3 15 APR 02 15 APR 02
F4 08 JAN 01 22 JAN 01
If you would like to know about your case status, please call our office 804-360-8482 in Richmond or 919-380-4044 in NC and ask your attending paralegal/attorney or email them directly or send an email to our office at info@challalaw.com and someone will be able to help you.
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Disclaimer
This newsletter has been prepared for general informational purposes only and does not constitute legal advice. No information included herein shall create an attorney/client relationship or constitute an invitation for such a relationship. This newsletter is not intended to be an advertisement. You should always seek professional, independent legal consultation before taking or refraining from any action. |
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Sincerely,
Lakshmi Challa
Challa Law Offices
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Upcoming Events at Challa Law
CLO will be at the White House Round Table with USPTO Chief Economist Stuart Graham at Campbell Law School in Raleigh, NC on June 21, 2012.
CLO will be at TechJournal's Semi-Annual Deck Party Networking Event at the American Tobacco Campus in Durham, NC on June 21, 2012.
CLO will be attending the Round Table with Senator Kay Hagan (NC) at the Wells Fargo Building in Downtown, Raleigh, NC on June 22, 2012.
CLO will be at the Women in Science and Math event hosted by Business and Professional Women (Raleigh) at the Brier Creek Country Club in Raleigh, NC on June 26, 2012.
Challa Law night at Richmond Kickers soccer game in Richmond, VA at the Richmond City Stadium on July 21, 2012.
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Challa Law Offices After Hours Drop Box
For you convenience we now have this facility at our Richmond office.
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Our Office Locations:
RICHMOND, VA:
5040 Sadler Place
Suite 200
Glen Allen, VA 23060
804-360-8482
VA BEACH, VA:
4445 Corporation Ln. Suite 291
Virginia Beach, VA 23462
800-913-4122
MORRISVILLE, NC:
5105 Grace Park Drive
Morrisville, NC 27560
919-380-4044
HYDERABAD INDIA:
Challa Legal Services Pvt. Ltd
401 Flora Apartments
Road Number 3
Banjara Hills
Hyderabad, AP. India
91 40 23352295/6 |
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