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Immigration Newsletter
September 2014 - Volume 6, Issue 2
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Common Acryonyms
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DOL: Department of Labor
DOS: Department of State
USCIS: U.S. Citizenship & Immigration Services
AILA: American Immigration Lawyers Association
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| Ross Silverman LLP | |
50 Congress Street, Suite 200
Boston, MA 02109
Phone: (617) 542-5111
Fax: (617) 542-2331
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| Greetings! | |
Please note the following recent immigration updates:
USCIS Begins L-1 Site Visits
The USCIS Fraud Detection and National Security (FDNS) Directorate, which conducts approximately 15,000 H-1B administrative site visits per year, has now extended its site inspection program to L-1 petitions. FDNS indicated that the first phase of the program will focus on post-approval L-1A multinational manager and executive extension petitions filed at USCIS Service Centers. Similar to H-1B site visits, L-1 site visits will likely be unannounced. Inspectors will be primarily looking to verify the existence of the petitioning employer and confirm the information contained in the L-1 petition, including the terms of the beneficiary's employment, such as work location, job duties, and salary. Our office will be monitoring trends during the initial program rollout. Should you have any questions about the program, or should you receive such a visit from FDNS, please contact the attorney with whom you work.
Third-Country National Visa Processing Limited in Canada
Due to the heavy demand from Canadian visa applicants during the peak summer months of June, July, and August, the Department of State's visa processing in Canada for third-country nationals has been extremely limited. While the DOS encourages third-country nationals to schedule visa appointments in other parts of the world, such as their home country, it has indicated that appointments for visa renewals will become more readily available in Canada during non-peak periods in October and November, as well as January through May. Emergency cases may seek consideration for a visa appointment by visiting the U.S. embassy's website.
Worldwide Visa Processing Backlog on the Mend
Since July 20, 2014, the Department of State's Consular Consolidated Database (CCD), which is used to process visas and passports, has been experiencing significant issues. These issues have created delays for many people seeking nonimmigrant visas at consulates worldwide. On September 8, 2014, the Department of State released an update which indicates that it is now supporting visa and passport issuances within expected processing times and service expectations. The update states that DOS has eliminated the queue of pending nonimmigrant visa cases caused by system issues, so visa processing should return to normal. However, individuals traveling abroad in the near future should be mindful of these issues should delays occur as a result of any residual effects on visa processing. Please see the DOS website for further information and updates: http://travel.state.gov/content/travel/english/news/ccd-performance-issues.html
Update on Unaccompanied Minors at the Southern Border
As the media has reported, tens of thousands of unaccompanied children and families, mostly from El Salvador, Guatemala, and Honduras, have been apprehended by U.S. Customs and Border Protection on the U.S. southern border in the past few months. People are fleeing gangs, gang violence, and domestic violence. AILA has been responding nationally and locally to coordinate with NGOs, government agencies, and individual members on advocacy, policy, legislation, and pro bono representation for individuals who face deportation proceedings. In particular, AILA has sponsored attorneys to travel to a detention facility in Artesia, New Mexico to represent mostly mothers and their young children in immigration court. The New York Times ran an article on the detention facility in Artesia last week: http://www.nytimes.com/2014/09/06/us/in-remote-detention-center-a-battle-on-fast-deportations.html?_r=0
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October 2014 Visa Bulletin
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The Department of State visa bulletin reflects continued forward movement in both the family and employment-based categories for October 2014.
Please Note: There are five preference categories for the allotment of employment-based immigrant visa numbers, and four preference categories for family-based immigrant visa numbers. For purposes of this newsletter, we are including only the categories most applicable to our clients. For additional information on other preference categories not included below, please contact the attorney with whom you work.
Employment-Based Preferences
- First: Priority Workers. Includes Persons of Extraordinary Ability, Outstanding Professors and Researchers, and Multinational Managers or Executives.
- Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability. Also includes National Interest Waiver (NIW) applicants.
- Third: Skilled Workers, Professionals, and Other Workers.
Numbers are available only for applicants whose priority date is earlier than the cut-off date listed in the charts below. "C" means current, i.e., numbers are available for all qualified applicants.
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Employment- Based
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All Chargeability Areas Except Those Listed
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China - mainland born
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INDIA
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MEXICO
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PHILIPPINES
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1st
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C
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C
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C
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C
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C
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2nd
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C
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15NOV09
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01MAY09
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C
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C
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3rd
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01OCT11
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01APR09
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15NOV03
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01OCT11
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01OCT11
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Other Workers
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01OCT11
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22JUL05
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15NOV03
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01OCT11
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01OCT11
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Family-Based Preferences
- Second (A): Spouses and Children of Permanent Residents.
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Family-Sponsored
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All Chargeability Areas Except Those Listed
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CHINA-mainland born
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INDIA
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MEXICO
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PHILIPPINES
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F2A
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01FEB13
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01FEB13
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01FEB13
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22JUL12
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01FEB13
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PERM Processing Times
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As of the date of this newsletter, DOL indicates that it is adjudicating PERM labor certification cases with priority dates in April 2014. This means that if a PERM case was filed today, it would take DOL approximately five months to adjudicate.
DOL also indicates that it is adjudicating PERM cases selected for audit with priority dates in March 2013. This means that if a PERM case was filed today and subsequently selected for audit, it would take DOL approximately one year and six months to adjudicate.
Please note that PERM processing times are always subject to change at the discretion of DOL.
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In the News: What's Happening at RS
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- We are happy to announce that all four of the Firm's partners, Sharryn Ross, Howard Silverman, Heidi Snyder, and Rhonda Tietjen, have again been listed in The Best Lawyers in America in the area of Immigration Law for 2015.
- Ellen Driver will serve as co-liaison to the local U.S. Customs and Border Protection office for the AILA New England Chapter for 2014-2015.
- Sara Fleming is Vice-Chair of the Immigration Section of the Massachusetts Bar Association for 2014-2015.
- Christine Gannon will continue to serve as co-liaison to the Immigration and New Lawyers Sections of the Boston Bar Association for 2014-2015.
- Howard Silverman will continue to serve as co-liaison to the local ICE Enforcement and Removal Operations office for the AILA New England Chapter for 2014-2015.
- Howard Silverman will speak on a panel entitled "Immigration Consequences of Drug and Controlled Substance Violations" at the AILA New England Chapter meeting on September 18, 2014.
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This newsletter does not constitute legal advice and is not a substitute for consulting with an attorney. Please contact us by phone or email if you have questions about any of the topics discussed here or if you have any other immigration or naturalization questions. |
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