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Immigration Newsletter
January 2015 - Volume 7, Issue 1
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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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As 2015 kicks into gear, it's time to start thinking about H-1B cap season, which is almost upon us. Please contact our office if you have questions about the H-1B cap or would like to petition for a FY2016 H-1B cap number.If you miss the FY2016 cap (which is likely to be met in the first week of April 2015), you won't be eligible to file cap-subject petitions for new H-1B employees until April 2016, for an October 2016 start date. As a reminder, if your organization is subject to the cap, you should review your current employees and consider filing for anyone with temporary work authorization, such as those working pursuant to F-1 OPT status, TN status, or E status, and dependents, such as L-2 and E-2 dependents.
Checking in on Executive Action
On November 21, 2014, President Obama announced that he would be taking Executive Action to address immigration practices related to border security, highly skilled workers and entrepreneurs, and certain classes of undocumented workers who have been in the Unites States for at least five years, as well as meet other requirements. Click here to read our summary of the Immigration Accountability Executive Action. As we mentioned in November, very few of the initiatives were eligible for immediate implementation. Most of the Actions involved instructing the various agencies associated with Immigration processing and enforcement to implement new regulations, policies or procedures, and to issue guidance. While those agencies have begun work on the initiatives, nothing has been implemented at this time. Furthermore, there are several pending lawsuits against the Administration, as well as a question of funding from Congress, which may impact the implementation.
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February 2015 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 February 2015, and DOS has indicated it expects forward movement to continue in the coming months. Most notable, projections show that EB-3 numbers will continue to advance rapidly, at least for another month or two. Once usage increases (particularly for EB-3 China, as EB-2 China applicants "downgrade" to qualify for the EB-3 visa numbers), forward movement could stop and numbers could retrogress before the end of the fiscal year. EB-2 India is expected to advance at least four to six months over the next few months, then more significantly until May. However, it is not expected to advance past the summer of 2009 this fiscal year.
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, or visit the State Department's website.
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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15MAR10
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01SEP05
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C
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C
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3rd
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01JAN14
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01SEP11
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22DEC03
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01JAN14
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01JAN14
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Other Workers
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01JAN14
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15AUG05
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22DEC03
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01JAN14
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01JAN14
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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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08MAY13
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08MAY13
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08MAY13
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22APR13
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08MAY13
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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 July 2014. This means that if a PERM case was filed today, it would take DOL approximately six months to adjudicate - though in practice, we are receiving decisions in closer to five months.
DOL also indicates that it is adjudicating PERM cases selected for audit with priority dates in May 2013. This means that if a PERM case was filed today and subsequently selected for audit, it would take DOL approximately one year and eight 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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- Howard Silverman will speak on a panel entitled "Executive Action, BIA & Circuit Case Review: Strategizing for Your Asylum & Criminal-Immigration Client" at the AILA New England Immigration Law Conference on March 6, 2015.
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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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