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Immigration Updates, August

By Humera Subhani Email By Humera Subhani
August 2012
Immigration Updates, August

ALERT: DREAMers should NOT apply affirmatively for Deferred Action at this time.

 

USCIS and ICE have stated that they will begin accepting affirmative applications by mid-August. Stay tuned to Khabar for information about when this affirmative process will be available.

In the meantime, it may be wise for potential DREAMers to start gathering documentation to prove the following conditions:
• They arrived in the U.S. when they were under the age of sixteen;
• they have continuously resided in the U.S. for at least five years prior to June 15, 2012, and were present in the U.S. on June 15, 2012;
• they are currently in school, or have graduated from high school, or have a GED, or are honorably discharged veterans of the U.S. Coast Guard or the U.S. Armed Forces;
• they should not have been convicted of a felony offense, a “significant misdemeanor offense,” three or more non-significant misdemeanors, or otherwise pose a threat to national security or public safety; and
• they were under 31 years old on June 15, 2012.

High-Skilled Immigration Bill Moves Forward
The legislation would not add to the overall number of available green cards, but it would speed up processing for skilled immigrants who now face huge waiting times. Called the Fairness for High-Skilled Immigrants Act, the bill would remove per-country quotas on permanent work visas. Under the current system, every country gets allotted the same number of visas as China or India.

Department of Labor Proposes Major Changes to LCA Forms
The U.S. Department of Labor (DOL) has proposed significant changes to Form ETA 9035, the employer-filed Labor Condition Application (LCA) that is used to support H-1B, E-3, and H-1B1 visa petitions. Employers and employees are likely to be broadly affected by the changes, which appear to negatively impact privacy, work location flexibility, and LCA preparation lead times. DOL believes the proposed changes will strengthen its efforts to undertake more thorough reviews of LCAs while further enhancing its ability to investigate suspected violations.

Under DOL’s proposed changes, LCAs would now require the name and other sensitive personal data of the prospective employee to be listed on the LCA at the time of filing. While collection of this information will almost certainly increase the lead time that employers must invest in preparing and submitting an LCA, it also raises more serious concerns. This change will also prevent employers from filing “blanket” LCAs covering multiple openings for employees to be identified in the future, likely adding a significant delay when project or business needs necessitate the employee’s move to a new work location.

It is important to note that while the revisions have been officially proposed by DOL through a request for public comments, they must be approved by the U.S. Government’s Office of Management and Budget before they can be implemented. DOL is accepting public comments on the proposal through September 7, 2012.


VISA PREFERENCE NUMBERS FOR AUGUST 2012

 

FAMILY

India

Pakistan/Bangladesh

1st

01Aug05

01Aug05

2A

15Mar10

15Mar10

2B

22Jun04

22Jun04

3rd

01May02

01May02

4th

15Feb01

15Feb01

 

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

Unavailable

01Jan09

3rd

01Oct02

08Sep06

Other

01Oct02

08Sep06

4th

Current

Current

5th

Current

Current1B



 

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