Watson Law Offices Newsletter
August 2011
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Happy Endings in Immigration
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|  Family reunited after four years of separation due to U.S. Immigration Laws
While attending this year's American Immigration Lawyers Association's Annual Conference, I learned of the tragic story of Tony and Janina Wasilewski, a husband and wife, separated by the U.S. Immigration System.
A film had been made about the couple, Tony and Janina's American Wedding. Tony, a naturalized U.S. Citizen, lived in Chicago for four years without his wife and son, after his wife was deported back to Poland.
The U.S. government is allowed to at their discretion grant a waiver of inadmissibility to someone if their U.S. Citizen spouse (or in some cases other relatives) is suffering an extreme hardship as the result of their separation. Despite Tony's declining health and severe emotional distress, the U.S. government had refused to issue this waiver to Janina.
Their sad story came to a happy ending last week, when Janina's waiver was approved, and the family was reunited in Chicago.
Stories like theirs bring up a lot of questions about our immigration system, especially under an administration that has deported record numbers of foreign nationals living in this country, including many non-criminals, like Janina who simply got caught up in the confusing web of U.S. Immigration Laws.
We have a DVD copy of Tony and Janina's American Wedding at the office, which I would be happy to lend to anyone who wants to watch it. Please give us a call if you are interested.
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Department of Labor Suspends Processing of Most Prevailing Wage Requests
| | No Prevailing Wage Determinations will be issued by the Department of Labor until further notice
The U.S. Department of Labor has advised the American Immigration Lawyers Association that until further notice no Prevailing Wage Determinations will be issued for H-1Bs or Labor Certifications, as the Department attempts to comply with a recent Court Order.
This will not affect the processing of new H-1B applications, as a Prevailing Wage Determinations is not required for the filing of this type of applications. However, this could significantly delay the filing of Labor Certifications, if the issue is not resolved soon.
Watson Law Offices is happy to address any concerns our clients may have about this delay, and we will be sure to keep affected clients up-to-date on any new developments.
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September 2011 Visa Bulletin
| |  India and China EB-2 Come to a Stop after Months of Forward Movement.
The U.S. Department of State has now published the latest Visa Availability dates for September 2011. After movement for the last few visa bulletins, both India and China EB-2 have come to a halt - remaining at April 15, 2007 for both. Here is a summary of the September 2011 Visa Bulletin: Family-sponsored categories: - First - Mexico moves to March 15, 1993; the Philippines jumps forward to November 1, 1996.
- Second (A) - Movement in all categories. Worldwide, China, India, and the Philippines move to December 1, 2008; Mexico to September 22, 2008.
- Second (B) - Mexico moves to November 1, 1992; the Philippines changes to March 22, 2001.
- Third - Mexico to November 22, 1992; the Philippines to May 15, 1992.
- Fourth - Movement in all categories. Worldwide, China, India inch forward to April 15, 2000; Mexico to March 22, 1996; the Philippines to July 8, 1988.
Employment-based categories:
- First - Remains current across the board.
- Second - Worldwide, Mexico, and the Philippines remain current. No movement in India or China.
- Third - Worldwide, Mexico, and the Philippines up one week to November 22, 2005; China to July 15, 2004; India to July 8, 2002.
- Other Workers - Worldwide, Mexico, and the Phillipines continue forward to August 1, 2005. No movement in India or China.
If you know your category and you have your Priority Date, you may go directly to the State Department website to check. If your Priority Date is before the date now listed on the Visa Bulletin for your category, please remember that it is still not considered "current" until September 1st. State Department Visa Bulletin: September 2011 |
H-1B Cap Count as of July 29th
| |  USCIS has received 22,700 Cap-Subject petitions
U.S. Citizenship and Immigration Services is now reporting the current H-1B Cap Count as of July 29, 2011.
22,700 Cap-Subject petitions have been received by USCIS for the 2012 Fiscal Year H-1B quota. 13,800 petitions that qualify for the U.S. Master's Exemption have also been received.
USCIS began accepting petitions for the 2012 Quota on April 1st. Although many of these petitions will be approved over the next few months, these visas cannot be issued until October 1st, the beginning of the government's Fiscal Year.
In the past, the quota for H-1B visas was exhausted on April 1st, but that has not been the case for the last couple of years. In FY 2011, the cap was not reached until mid-January 2011.
If you are an employer interested in hiring a foreign worker under the FY 2012 H-1B Cap, now is the time to contact us!
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New Filing Procedures for Some I-130 Petitioners Residing Overseas
| | USCIS attempts to centralize I-130 filings
U.S. Citizenship and Immigration Services has announced that U.S. Citizen Petitioners residing overseas will no longer be able to file their I-130 Petitions at the U.S. Embassy or Consulate where they live, except in emergency circumstances.
Form I-130, Immigrant Petition for Alien Relative, is filed by a U.S. Citizen (or Lawful Permanent Resident) in order to bring certain family members to the United States as permanent residents.
Although a U.S. Citizen must agree to reestablish their residence in the U.S. before their relative will immigrate, petitioners residing outside of the U.S. were previously allowed to file with the Embassy or Consulate where they lived, rather than filing in the U.S.
Now, petitioners will only be able to file abroad if there is a U.S. Citizenship and Immigration Services Field Office located in their country of residence. Otherwise, all petitions should be filed with the USCIS Chicago Lockbox.
If you need assistance in petitioning for a relative, please contact our office to discuss your options.
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This is an effort on our part to reach out to our larger community of friends, colleagues, current and former clients and anyone interested in Immigration Law. We expect there will be a strong push to make changes to existing Immigration Laws in the coming months and years, and we will try to keep our subscribers informed not only as to what changes are taking place, but how they are likely to impact everyone.
We welcome your input on what we should include, and how we should present this information. Please let us know what you think and what you would like to see. Also, please share this email with anyone whom you think would be interested in and benefit from this information.
THANK YOU!
Sincerely,
ROY WATSON
Watson Law Offices
142 Great Road
Bedford, MA 01730
(781)533-7700
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