The U.S. Department of Health and Human Services’ (DHHS) Office of Refugee Resettlement (ORR) has issued a State Letter to Refugee Coordinators, National Voluntary Agencies, and Other Interested Parties on “Cuban and Haitian Entrants”: Eligibility for ORR-Funded Benefits and Services. The Letter reviews the definition of “Cuban and Haitian entrant” as it applies to Haitian nationals and clarifies the acceptable documentation these individuals may present when they apply for ORR-funded benefits and services under the Refugee Education Assistance Act of 1980.  Under the Refugee Act, certain categories of Haitian nationals are eligible for financial assistance, medical assistance and social services that are in the United States.

For complete information, please click: State Letter #10-03

The Department of State (DOS) released an annual report of immigrant visa applicants in the family and employment based preference categories that were registered at the National Visa Center (NVC) as of November 1, 2009. The report shows the number of immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limitation. All figures reflect persons registered under each respective numerical limitation, i.e., the totals represent not only principal applicants or petition beneficiaries, but their spouses and children entitled to derivative status under INA 203(d) as well.

For complete information, please click: DOS Annual Report of Immigrant Visa Applicants

The U.S. Citizenship and Immigration Services (USCIS) have released Question and Answers regarding petition filing and processing procedures for Form I-140, Immigrant Petition for Alien Worker. Form I-140 is used for petitioning USCIS to classify an alien beneficiary as eligible for an immigrant visa based on employment.  This set of question and answers provide information such as documenting, filing, withdrawal requests and AC21 106(c) portability requests of Form I-140, requests to change employers under INA 204(j) etc.

For complete information, please click: Petition Filing and Processing Procedures for Form I-140, Immigrant Petition for Alien Worker

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
Employment Based
1st	C	C	C	C	C
2nd	C	22MAY05	22JAN05	C	C
3rd	22SEP02	22SEP02	22JUN01	01JUL02	22SEP02
Other Workers	01JUN01	01JUN01	01MAY01	01JUN01	01JUN01
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Programs	C	C	C	C	C

The February 2010 Visa Bulletin issued by the U.S. Department of State has few changes from the last month. The EB-2 Category has 21 days forward movement for China from May 01, 2005 to May 22, 2005. The EB-3 category has a forward movement of 1 month and 21 days from August 01, 2002 to September 22, 2002 for all countries except India and Mexico. All other categories remain the same as last month.

Summary of Visa Bulletin for EB categories

Employment-Based, First Preference (EB-1)
This category remains current for all countries of chargeability.

Employment-Based, Second Preference (EB-2)
This category has one change. The new cutoff date China is May 22, 2005.

Employment-Based, Third Preference (EB-3)
This category has new cutoff dates for all countries except India and Mexico. Please see the table above.

The cutoff dates for EB-3 (Other Workers) category remain the same as last month.

Employment-Based, Fourth Preference (EB-4)
This category remains current for all countries of chargeability.

The EB-4 (Certain Religious Workers) visa category also remains current for all countries of chargeability.

Fifth (EB-5) / Religious Workers, Targeted Employment and Regional Centers
This category remains current for are all countries.

The EB-5 (Pilot Programs) visa category remains current for all countries.

Employment-Based Preferences

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
Employment Based
1st	C	C	C	C	C
2nd	C	01MAY05	22JAN05	C	C
3rd	01AUG02	01AUG02	22JUN01	01JUL02	01AUG02
Other Workers	01JUN01	01JUN01	01MAY01	01JUN01	01JUN01
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Programs	C	C	C	C	C

The January 2010 Visa Bulletin issued by the U.S. Department of State has few changes from the last month. The EB-2 Category has one month forward movement for China from April 01, 2005 to May 01, 2005. The EB-3 category has a forward movement for all countries (All Countries and China: 2 months;  India: 1 month and 18 days; Mexico: 1 month; and Philippines: 2 months). All other categories remain the same as last month.

Summary of Visa Bulletin for EB categories

Employment-Based, First Preference (EB-1)
This category remains current for all countries of chargeability.

Employment-Based, Second Preference (EB-2)
This category has one change. The new cutoff date China is May 01, 2005.

Employment-Based, Third Preference (EB-3)
This category has new cutoff dates for all countries (listed/non listed). Please see the table above.

The cutoff dates for EB-3 (Other Workers) category remain the same as last month.

Employment-Based, Fourth Preference (EB-4)
This category remains current for all countries of chargeability.

The EB-4 (Certain Religious Workers) visa category also remains current for all countries of chargeability.

Fifth (EB-5) / Religious Workers, Targeted Employment and Regional Centers
This category remains current for are all countries.

The EB-5 (Pilot Programs) visa category remains current for all countries.

Employment-Based Preferences

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

The U.S. Department of Labor’s (DOL) Employment and Training Administration (ETA) has published an Advance Copy of Notice in the federal register, stating that in accordance with its labor certification regulations, beginning on January 1, 2010, the Office of Foreign Labor Certification (OFLC), National Prevailing Wage and Helpdesk Center (NPWHC), will receive and process, Prevailing Wage Determination (PWD) requests, for use in, H-1B, H-1B1(Chile/Singapore), H-1C, H-2B, E-3(Australia), and permanent labor certification programs. In addition, The DOL is providing guidance about issuance of PWDs for applications in commonwealth of the Northern Mariana Islands (CNMI). The notice is effective November 28, 2009 for PWD requests for job opportunities in the Mariana Islands and January 1, 2010 for all other PWD requests.

For complete information please click: Advance Copy of DOL Notice: Prevailing Wage Determinations for Use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and Permanent Labor Certification Programs; Prevailing Wage Determinations for Use in the Commonwealth of the Northern Mariana Islands

An Idaho company has won the federal approval to serve as a regional center for foreign investment, joins the list of more than 70 regional centers across the country to bring money from qualified foreign investors into the local economy under the Employment-Based Fifth Preference Visa category (EB-5). EB-5 offers green cards to foreigners who invest either $500,000 or $1 million in the United States and such investment would create at least 10 permanent jobs within two years. The company hopes to attract $50 million from qualified foreign investors to set up a fund to support dozens of projects in 44 counties of Idaho.  This really becomes a key and is bringing $50 million of leverage capital into the state of Idaho, said Miles Mahoney, a chief executive officer.

For complete information, please click: EB-5 center OK’d: Company hopes to attract $50M in Foreign Funds

“Never before have the waiting times to obtain permanent residence in the U.S. been so long for persons in the employment-based categories,” says Carl Shusterman, a famous immigration attorney. Presenting an analytical article in his blog Nation of Immigrants, Mr. Shusteman observed, “Currently, only persons with EB-3 priority dates before June 1, 2002 may apply for adjustment of status, a 7½ year wait. If you were born in India, the wait is 8½ years.”

The retrogression is a comparatively recent phenomenon. In June, 2004 all EB priority dates were current and there were no waiting times between the approval of labor certification and ability to apply for adjustment of status, says Mr. Shusterman. To know how to estimate how long your real waiting time may be in Mr. Shusterman’s words, please wait till the next issue of his newsletter.

For complete information, please click: EB Immigrants: How Long Before I Get My Green Card?

The U.S. Citizenship and Immigration Services (USCIS) have announced on Monday that the Department of Homeland Security (DHS) Appropriation Act of 2010, signed by the President on October 28, 2009, has extended the following four programs through September 30, 2009:

• E-Verify;

• Immigrant Investor (EB-5) Pilot Program;

• Special immigrant visa category for non-minister religious workers;

• Date by which J-1 nonimmigrant exchange visitors must obtain that status in order to qualify for the “Conrad 30″ program.

The readers may recall that in our latest December 2009 Visa Bulletin we have mentioned about EB-4 (Certain Religious Workers) and EB-5 (Investor Pilot Program) categories becoming current as a result of the enactment of DHS Appropriation Act of 2000 that extended these categories through September 30, 2009.

For complete information on USCIS’ acceptance, processing, and adjudication of applications, please click: USCIS Programs Extended Through September 2012

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIPPINES
Employment Based
1st	C	C	C	C	C
2nd	C	01APR05	22JAN05	C	C
3rd	01JUN02	01JUN02	01MAY01	01JUN02	01JUN02
Other Workers	01JUN01	01JUN01	01MAY01	01JUN01	01JUN01
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Programs	C	C	C	C	C

The December 2009 Visa Bulletin issued by the U.S. Department of State has few changes from the last month. The EB-3 and EB-3 (Other Workers) categories have nine days forward movement for India with May 01, 2001 as the new cut-off date. The EB-4 (Certain Religious Workers) and EB-5 Investor Pilot Program categories have become current as a result of recent legislative action that extended these categories through September 30, 2012. All others remain the same as last month.

Summary of Visa Bulletin for EB categories

Employment-Based, First Preference (EB-1)
This category remains current for all countries of chargeability.

Employment-Based, Second Preference (EB-2)
This category has no change. The cutoff dates for all countries of remain the same as last month.

Employment-Based, Third Preference (EB-3)
This category has nine days forward movement for India with May 01, 2009 as the new cutoff date. The cutoff dates for all countries remain the same as last month.

The EB-3 (Other Workers) category also has nine days forward movement for India with May 01, 2009 as the new cut-off date. The cutoff dates for all countries remain the same as last month.

Employment-Based, Fourth Preference (EB-4)
This category remains Current for all countries of chargeability.

The EB-4 (Certain Religious Workers) visa category became current for all countries of chargeability.

Fifth (EB-5) / Religious Workers, Targeted Employment and Regional Centers
This category remains Current for are all countries.

The EB-5 (Pilot Programs) visa category became current for all countries.

Employment-Based Preferences

First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.