 Immigration Law Update
September/October 2010 |
|
|
|
|
|
| Greetings! | |
Welcome to the September/October edition of our Immigration Law Update. Fall is finally here and with that comes a new fiscal year (Oct. 1) for the U.S. Immigration Service and the start of the Diversity Lottery. |
| H-1B Cap Update | | As of October 1, 2010, approximately 40,600 H-1B cap-subject petitions were receipted in by the U.S. Citizenship and Immigration Service (USCIS) towards the cap of 65,000. Additionally, USCIS has received 14,900 H-1B petitions for aliens with advanced degrees. |
|
|
|
| U.S. Green Card Lottery Begins | |
2012 Diversity Lottery begins October 5, 2010 runs through November 3, 2010
The on-line registration period for the DV-2012 begins at noon (U.S. Eastern Daylight time) October 5, 2010 and runs until noon (U.S. Eastern Standard time) November 3, 2010. No entries will be accepted after this date and time. Applicants, who must first meet an education or work experience requirement to be eligible, can only apply through the Department of State website, www.dvlottery.state.gov. For more information on how to apply, click here. Applicants are strongly encouraged not to wait until the last week of the registration period to enter. Heavy demand may result in website delays.
55,000 Diversity Visas are made available each fiscal year to persons from countries with low rates of immigration to the United States. Accordingly, citizens of the following countries are not eligible to apply because these countries sent more than 50,000 immigrants to the U.S.:
Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories and Vietnam. Individuals born in Hong Kong, Macau and Taiwan are eligible.
Beginning May 1, 2011, all DV Lottery entrants can check the "Entry Status Check" link at http://www.dvlottery.state.gov/ to find out whether their entry has been selected. The applicant will need to provide their confirmation information to access information on the status of their entry. The "Entry Status Check" will be the only way that successful applicants will receive notification that they have been selected for the 2012 Diversity Visa. Applicants will not be notified by mail or email. If selected, applicants will be directed to a confirmation page that will provide further instructions, including information on fees connected with immigration to the U.S. (see fees below and from July/August Newsletter). Those who were not selected will also be notified through the "Entry Status Check" link.
For assistance in submitting a Green Card Lottery application, contact us as soon as possible. |
| Proposed Changes to Immigration Application Fees go into effect November 23, 2010 | | As we reported in the June 2010 newsletter, fee changes were expected to take place for many USCIS immigration application/petition forms. The comment period has now ended and the fee changes, including many increases, will become effective as of November 23, 2010. Below is a list of the expected fee adjustments for some selected applications:
|
Application/Petition Description Current Fees New Fees | |
I-90 Application to Replace Permanent Resident Card |
$290 $365 | |
I-129 Petition for a Nonimmigrant worker |
$320 $325 | |
I-129F Petition for Alien Fiance(e) |
$455 $340 | |
I-130 Petition for Alien Relative |
$355 $420 | |
I-131 Application for Travel Document |
$305 $360 | |
I-140 Immigrant Petition for Alien Worker |
$475 $580 | |
I-485 Application to Register Permanent Residence or Adjust Status |
$930 $985 | |
I-526 Immigrant Petition by Alien Entrepreneur |
$1435 $1500 | |
I-539 Application to Extend/Change Nonimmigrant Status |
$300 $290 | |
I-751 Petition to Remove Conditions on Residence |
$465 $505 | |
I-765 Application for Employment Authorization |
$340 $380 | |
I-824 Application for Action on an Approved Application of Petition |
$340 $405 | |
I-829 Petition by Entrepreneur to Remove Conditions |
$2850 $3750 | |
I-907 Request for Premium Processing |
$1000 $1225 | |
I-924 Application for Regional Center - Immigrant Investor Pilot Program |
$0 $6230 | |
N-400 Application for Naturalization |
$595 $595 | |
N-470 Application to Preserve Residence for Naturalization Purposes |
$305 $330 | |
N-565 Application for Replacement Naturalization/Citizenship Document |
$380 $345 | |
N-600/N-600K Naturalization Certificate Applications |
$460 $600 | |
Waiver Forms (I-191, I-192, I-193, I-212, I-601, I-612) |
$545 $585 | |
Immigrant Visa |
$0 $165 | |
Biometrics |
$80 $85 |
|
| Tax Tip - This Month: Filing Deadline Nears |
October 15 Filing Deadline
Oct. 15 is a key deadline for many individual taxpayers, including U.S. citizens and lawful permanent residents living abroad, who requested an extension to file their 2009 tax returns. The IRS expects to receive as many as 10 million tax returns from taxpayers who used Form 4868 to request an extension to file their returns. Some taxpayers can still file after this deadline, including those serving in Iraq, Afghanistan or other combat zones and people affected by recent natural disasters. Additionally, taxpayers who are living outside of the U.S. may request a further two-month discretionary extension to file their returns by December 15, by sending a letter to the IRS explaining the reasons why an additional two months are needed. The letter should be sent to:
Department of the Treasury
Internal Revenue Service
Austin, TX 73301-0215
Also, a new law allows you to deduct on your 2009 tax return instead of your 2010 return, certain charitable contributions of money made in connection with the Haiti earthquake of January 12, 2010. The contributions must have been made after January 11, 2010 and before March 1, 2010, for the relief of victims in areas affected by the earthquake in Haiti. Contributions of money include contributions made by cash, check, money order, credit card, charge card, debit card, or via cell phone. You can find more information here about what contributions are eligible.
For more information on the October 15 filing deadline, you can check the IRS website or contact us if you have any questions. |
| Global Update |
 Validity of Puerto Rican Birth Certificates Extended
We previously reported that Puerto Rican birth certificates would no longer be valid past September 30, 2010 (See May 2010 Newsletter). On September 23, 2010, Puerto Rico Governor Luis G. Fortuño extended the validity of birth certificates issued before July 1, 2010 for 30 additional days, until October 30.
This was done to ensure that no citizen who truly needs a certificate for a transaction in the foreseeable future will be left without a valid certificate as a result of the measures taken by the government of Puerto Rico. The measures were undertaken to combat the tremendous fraud that was causing many American citizens born in Puerto Rico to be the victims of ID theft. New temporary offices for the Vital Statistics Registry, and new alternatives to request birth certificates through the internet were instituted. Citizens were reminded that only those who plan to engage in a transaction in November, December or January that requires a certificate should request one during this extended time period before their old certificate expires.
For those who truly need a new certificate printed on secure paper with new anti-fraud features, the Vital Statistics Registry has a new office on the third floor of Plaza Las Americas, next to the State Department's Service Office. Many new temporary employees have been recruited to operate this new office and to process 24 hours a day the requests filed by mail or through the pr.gov portal. Increased Fees for UK Immigration Applications
The Minister of State for Immigration announced proposals to change the fees for immigration and nationality applications made to the UK Border Agency. Some of the changes took effect October 1; others will take effect in November 2010. In some cases, fees were drastically increased. You can find a detailed list of the fee changes here. |
| Firm News and Honors |
 Hübners Who is Who
Ms. Henke has been selected for inclusion in the Hübner's Who is Who in der Bundesrepublik Deutschland, a compendium of biographies of individuals and companies of note in Germany. Volumes are also published for 10 other countries, including Austria, Czech Republic, Greece, and Turkey. The publisher, Hübner's Who is Who, is based in Switzerland and has published since 1978.
Pro Bono Work Featured in Immigration Lawyers Magazine
Ms. Henke's pro bono work on behalf of a U.S. military member to secure an immigrant visa for his German spouse was recently highlighted in the latest American Immigration Lawyers' Association (AILA) publication, VOICE. Read more on pp. 22-23. |
|
|
Please feel free to forward this newsletter to others who may have an interest in these topics. You can also browse past newsletters. If you have any questions, comments or suggestions, please e-mail me at mlh@consular-consulting.com.
Sincerely,
|
|
Magdale Labbe Henke
Attorney-at-Law (U.S.) and
Solicitor of England and Wales (non-practicing)
Principal, MLH Consular Consulting
This newsletter is provided for informational purposes only and should not be construed in any way as legal advice. |
|
|
|
|
