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Alabama Law / EB2 India & China / H-1B Cap Count / College in Calif.

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November 2011
Alabama Law  / EB2 India & China / H-1B Cap Count / College in Calif. Alabama Immigration Law Partially Blocked

A federal appeals court has blocked enforcement of parts of a controversial immigration enforcement law in Alabama.

The injunction issued October 14, 2011 from the 11th U.S. Circuit Court of Appeals in Atlanta came after the U.S. Justice Department—supported by a coalition of immigrant rights groups—requested the legislation, known as HB 56, be put on hold until the larger constitutional questions can be addressed, a process that could take some months at least. The 16-page order gives both sides partial victories, allowing some parts of the law to go into effect while others are temporarily blocked.

Alabama's law, passed by the legislature this summer, would allow state and local officials to check the immigration status of public school students and to detain suspected undocumented immigrants without bond. It would make it a crime for immigrants who lack proper documents to conduct business with the state for things such as driver's licenses.

Among the provisions temporarily blocked from being enforced are:
* One requiring state officials to check the immigration status of students in public schools;
* One making "willful failure to complete or carry an alien registration card" a misdemeanor for immigrants;
But the state will be allowed to enforce these contested sections:
* One requiring that police during "lawful" stops or arrests "attempt to determine the immigration status of a person who they suspect is an unauthorized alien of this country." That provision is similar to other laws aiming to crack down on illegal immigration passed by other state legislatures over the past year.
* One barring state courts from enforcing contracts involving undocumented immigrants, if the hiring party had a "direct or constructive" knowledge that the person was in the country unlawfully.

* One making it a felony for illegal immigrants to enter into a "business transaction" in Alabama, including applying for a driver's license or a business license.

The appeals court also announced it would hear oral arguments on the constitutional questions on an expedited basis, as early as December. The issues in Alabama and in other states with similar crackdown laws may ultimately have to be settled by the U.S. Supreme Court.

November 2011 Visa Bulletin: Good News for EB2 India and China
The U.S. Department of State (DOS) issued the November 2011 Visa Bulletin during the first week of October. To the delight of many, the employment-based, second preference (EB2) category for India and China continues to advance significantly. This change will allow many individuals to file for adjustment of status (Form I-485) to permanent residence.

FY 2012 H-1B Cap Count
Cap Type                                  Cap Amount / Cap Eligible Petitions / Date of Last Count
H-1B Regular Cap                      65,000              41,000                                  10/07/2011
H-1B Master’s Exemption      20,000              19,100                                  10/07/2011

 

College in California

State-based DREAM Act legislation has been signed into law in California by Gov. Jerry Brown. The new law would give undocumented immigrant students in California access to state-funded financial aid to attend college. Approximately 2,500 students are expected to be eligible to receive Cal Grants when the law goes into effect on January 1, 2013.



VISA PREFERENCE NUMBERS FOR NOVEMBER 2011

 

FAMILY

India

Pakistan/Bangladesh

1st

22Jul04

22Jul04

2A

15Feb09

15Feb09

2B

01Aug03

01Aug03

3rd

22Sep01

22Sep01

4th

15Jan00

15Jan00

 

EMPLOYMENT

India

Pakistan/Bangladesh

1st

Current

Current

2nd

01Nov07

Current

3rd

22Jul02

22Dec05

Other

15Jun02

15Nov05

4th

Current

Current

5th

Current

Current1B

 



 

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