Posts Tagged ‘Petitions’

US immigration adds more countries to list of eligible applicants for H-2A and H-2B visas

US Citizenship and Immigration Services (USCIS) announced last week that there have been five more countries added to the list of eligible nationals who can participate in the H-2A and H-2B programs in 2012. This brings the lists total to 58 countries. The list of Countries will be reviewed again one year from the date of publication.

The H-2A and H-2B programs allow US employers to bring foreign workers to the US in order to fill temporary agricultural jobs and temporary non-agricultural jobs.

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Only 7,400 H-1B Visa Numbers Available for FY2012

As of November 2, 2011, the USCIS announced that approximately 50,800 H-1B cap-subject petitions have been received. There are about 58,200 total regular cap visa numbers available after certain set aside usage, leaving only 7,400 visa numbers still up for grabs.  


VAWA self-petitions can be filed by the victim between the ages of 21 and 25

The USCIS has issued a policy memo dated September 6, 2011, to allow victims of abuse to file their self green card petitions even though they are over the age of 21 if it is filed before the age of 25.  The Violence Against Women and Department of Justice Reauthorization Act of 2005 (VAWA 2005) amended section 204(a)(1)(D) of the Immigration and Nationality Act to allow continued eligibility for certain individuals to file a VAWA self-petition after the age of 21, if the abuse was at least one central reason for the filing delay. 


Revocation of VAWA-Based Self-Petitions

On December 15, 2010, the USCIS issued a policy memorandum on revocation of
VAWA-Based Self-Petitions (Forms I-360).  The policy memo provides policy
guidelines which the Vermont Service Center and the field offices must follow in
revoking a VAWA self petition.

The Violence Against Women Act (VAWA) was a law passed by U.S. Congress in 1994 to allocate resources to investigate and prosecute cases of violence against women.  In the immigration context, victims of violence may also file self-petitions to obtain legal status.  In 1997, to ensure uniform and
expeditious treatment of all self-petitions filed by battered spouses and children, the former INS implemented a centralized filing procedure by having all VAWA self-petitions adjudicated at the VSC.  The reason was that the VSC adjudications officers  assigned to review VAWA petitions had received
specialized domestic violence training and have developed expertise in adjudicating these petitions.

After a self-petition is approved, the USCIS has the authority to revoke the petition based on reliable new evidence.  Again to ensure that petitions were revoked in a consistent and efficient manner, the former INS issued a policy memo in 2002 to designate the VSC as the sole office that had the authority to
issue notices of intent to revoke Form I-130.  This policy has not been consistently followed by the local offices.  Consequently, a new memo was issued by the USCIS in December to address this issue again.  In order to revoke a self-petition filed by abused spouses, children and parents of U.S.

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February 2011 Visa Bulletin – Family remains retrogressed; Employment sees slight advancements

The February 2011 Visa Bulletin was released recently by the State Department.  In general, there is not much positive movements in the cut off dates for both family and employment petitions.  On the family side, the retrogression that started in January continues to be a problem. As discussed previously, the rapid forward advancements in family cut off dates during the past two years have caused a huge increase in  demand for family immigrant visa numbers.  As a result, the U.S.

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Thinking of migrating to the United States?

Indians who are thinking of migrating to the United States have a few options when it comes to the immigration process. If they have close relatives currently residing in the United States who are already permanent residents or citizens, they can have their family members sponsor them. Alternatively, if they have any special skills or work in a position which is in high demand in the United States, they may opt to apply for an employment-based visa.

There are five different categories of those eligible for employment-based visas with the code E1 (Employee First Preference) taking precedence over the other codes; namely E2, E3, E4 and E5.

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New Rule in Force from 6th October

There is a rule from the Department of Homeland Security that requires the sponsoring employers to file a petition for all the Aliens for whom R-1 non-immigrant status is sought. To comply with the same now the consular officers are required to ensure that, the said applicants have obtained an I-129 petition form from the Department of Home land security, prior to the issuance of the visa. The said rule has been in force from the 6th of October 2009.

In case there is a further requirement of a clarification about this rule you might feel free to get in touch with the Legislation & Regulations division of the Visa Service’s.

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