Ashwin Sharma's US Immigration Blog

Tech firms triple their recruitment rate for H-1B workers, H-1B visa opponents find their voices again

Ashwin Sharma — Thu, 24 May 2012 01:06:00 GMT

An accurate and balanced article by Matt O'Brien of the San Jose Mercury News indicates that IT firms' hiring of H-1B workers has tripled this year, a fact that doesn't yet indicate a thing to Kim Berry, H-1B opponent and president of the Programmers Guild. Mr. Berry instead quickly moves to politicize the discussion by characterizing H-1B workers as "cheaper not better," and by referring to H-1B employers as "penny pinchers."

Mr. Berry is either uninformed or conveniently ignoring the fact that H-1B employers can pay an initial government fee of up to $5,550.00 to file one H-1B petition on behalf of a foreign professional. This amount does not include attorney fees or any guarantees. Mr. Berry's statements also do not take into consideration the many intellectual and business contributions that H-1B and ex-H-1B workers have made to better his home State of California.

Mr. O'Brien's article includes a succinct description of President Obama and Mitt Romney's views on the H-1B program. "Romney's economic plan proposes raising the visa caps for highly skilled foreign workers," while President Obama "has not articulated any major changes to the H-1B program." The latter statement could also have read: '...no more major changes have been articulated beyond the near doubling of H-1B filing fees for certain firms, as implemented by this Administration's Public Law 111-230, and the unchecked increase in unjustified denials, audits and requests for evidence issued of late by the USCIS and US Consulates.'

- Ashwin Sharma, Esq.

USCIS Issues Precedent Appeals Decision on P-3 Nonimmigrant Visa Petition

Ashwin Sharma — Thu, 24 May 2012 01:05:06 GMT

Via USCIS

WASHINGTON—U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) today issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers.

In the case at issue, the Skirball Cultural Center filed a P-3 nonimmigrant petition on behalf of a musical group from Argentina that was denied a performing artists’ visa for failing to establish that the group’s performance was “culturally unique” as required for this visa classification. Due to the unusually complex and novel issue and the likelihood that the same issue could arise in future decisions, the decision was recommended for review.

USCIS’s AAO approved the petition after its review of the entire record, which included expert written testimony and corroborating evidence on behalf of the musical group. The regulatory definition of “culturally unique” requires USCIS to make a case-by-case factual determination. The decision clarifies that a “culturally unique” style of art or entertainment is not limited to traditional art forms, but may include artistic expression that is deemed to be a hybrid or fusion of more than one culture or region.

Precedent decisions support USCIS’s commitment to consistency in the administration of immigration benefits. This is the third precedent decision issued since late 2010. Selected and designated as precedent by the Secretary of the Department of Homeland Security (DHS), with the Attorney General’s concurrence, precedent decisions are administrative decisions that are legally binding on DHS components responsible for enforcing immigration laws in all proceedings involving the same issue.

USCIS issues (late) notice on Temporary Delays in Issuance of I-129 Receipt Notices

Ashwin Sharma — Wed, 23 May 2012 22:54:00 GMT

Via USCIS

"Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.

Customers who do not receive notification of receipt of an I-129 petition within 60 days of their delivery confirmation date may contact the appropriate Service Center via the email addresses listed on our Contact Us Web page. This is a temporary situation and we apologize for any inconvenience this may cause. "

H-1B Fiscal Year (FY) 2013 Cap Count - As of May 18, 2012

Ashwin Sharma — Wed, 23 May 2012 21:01:00 GMT

FY 2013 H-1B Cap Count

Cap Type	Cap Amount	Cap Eligible Petitions	Date of Last Count
H-1B Regular Cap	65,000	42,000	05/18/2012
H-1B Master’s Degree Exemption	20,000	16,000	05/18/2012

USCIS Launches Online Immigration System, USCIS ELIS

Ashwin Sharma — Tue, 22 May 2012 17:00:00 GMT

Via USCIS

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) today launched the first phase of its electronic immigration benefits system, known as USCIS ELIS. The system has been created to modernize the process for filing and adjudicating immigration benefits.

“Today marks a significant milestone in our agency’s history,” said USCIS Director Alejandro Mayorkas. “We have launched the foundation for the web-based future of our agency and our immigration benefits system. USCIS ELIS will transform how we interact with our customers and how we manage the 6-7 million applications we receive each year.”

This initial launch brings the agency closer to realizing the future of immigration services. Beginning today, individuals can establish a USCIS ELIS account and apply online to extend or change their nonimmigrant status for certain visa types. Eligible individuals include foreign citizens who travel to the United States temporarily to study, conduct business, receive medical treatment, or visit on vacation. USCIS ELIS will also enable USCIS officers to review and adjudicate online filings from multiple agency locations across the country.

Historically, USCIS customers have had to apply for most benefits by mail and USCIS employees then review paper files and ship documents between offices to complete their adjudication. Today’s launch signifies an important step forward and is the first of several releases. Future releases will add form types and functions to the system, gradually expanding to cover filing and adjudication for all USCIS immigration benefits.

This important transition for America’s immigration benefits system will take time and continued dedication to fully implement. Following this first release, USCIS anticipates making adjustments and improvements in response to user feedback. This process will enable USCIS to continually enhance the user experience for both customers and USCIS employees. It will also allow the agency to smooth the transition to electronic filing over time, mindful of those individuals without computer access and the agency’s commitment to serve our diverse customer base.

Benefits of using USCIS ELIS include filing applications and paying fees online, shorter processing times, and the ability to update user profiles, receive notices, and respond to requests electronically. The system also includes tools to combat fraud and identify national security concerns.

Mayorkas attributed today’s successful launch to the steadfast dedication of the USCIS workforce. “USCIS employees believe in the transformation of our agency from a paper-based to an online environment. It is through their vision, unwavering commitment, and hard work that we have reached this important milestone,” Mayorkas said.

Visit www.uscis.gov/uscis-elis to take a tour of the new system, learn about eligibility and the benefits of using USCIS ELIS, and find frequently asked questions.

Information on Consulates' use of 221(g) refusals

Ashwin Sharma — Tue, 01 May 2012 14:59:11 GMT

Section 221(g) of the INA allows consular officers to issue a temporary refusal of a visa petition in cases where an otherwise eligible visa applicant is missing a specific document, or in case where a consular officer concludes that additional security clearance measures are warranted. Consular officers utilize 221(g) to allow applicants the opportunity to supplement their applications to overcome a visa denial. Once the deficiency is satisfied, or the concern resolved, 221(g) refusal is “overcome” and the visa may be issued.

In practice, the following are some situations that often give rise to a 221(g) refusal:

1. Additional support documents are required, such as proof of local employment;

2. An applicant is employed in a field listed on the Technology Alert List and the consular officer requests a Visas Mantis Security Advisory

Opinion ("SAO"). (Common in India, China and elsewhere where applicants are advised that their applications require "administrative processing.")

3. The consular officer requests an Advisory Opinion from the Visa Office on the applicability of one of the statutory grounds of inadmissibility.

4. There are no empty visa pages in the applicant’s passport, or the applicant's photograph is of bad quality.

5. Applicant's PIMS profile has not been updated.

A consular officer, upon refusing an application under 221(g), will commonly provide the applicant with a refusal letter. However, it is possible that an applicant may be temporarily refused under 221(g) and not know it.

The use of 221(g) is growing extremely common; the US Department of State has suggested that such refusals are overused by consular officers. According to the Report of the Visa Office, in FY 2008 a staggering 589,000 221(g) refusals were issued against nonimmigrant visa applications. About 87% of these were eventually overcome and visas were issued.

221(g) impacts subsequent visa applications because a client must indicate yes to the DS form question, "Have you ever been refused a US Visa?". Even a 221(g) that was caused by something as insignificant as a PIMS database issue is still considered, technically, a refusal.

US Supreme Court's transcript of Arizona v. United States (SB 1070)

Ashwin Sharma — Mon, 30 Apr 2012 17:05:59 GMT

The U.S. Supreme Court has released an initial transcript of Arizona v. United States on the subject of four provisions within Arizona's controversial SB 1070 that had been blocked in 2010 by a federal judge. A decision is expected in June

Read Transcript

DOS indicates no changes in student visa policy or adjudication with regards to Indian students

Ashwin Sharma — Thu, 26 Apr 2012 15:35:40 GMT

Despite some educational initiatives carried out recently between India and the U.S., State Department spokesperson Victoria Nuland indicated this week that there will be no changes in student visa policy or adjudication with regards to Indian students.

Frequently Asked Questions about ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens

Ashwin Sharma — Thu, 26 Apr 2012 15:26:14 GMT

via ice.gov

I was ordered removed, and am scheduled to be removed soon. How will this affect my appeal of my case, which is pending before the U.S. circuit court of appeals?

As explained in ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens, an alien who appeals his or her final order of removal to a federal circuit court of appeals may continue to litigate his or her case after being removed from the United States. Your removal will not affect your right to continue to pursue your case before the court. Although you may be abroad for the pendency of your case, the court of appeals that is currently reviewing your petition for review will nevertheless be able to review and make a decision on your case while you are not in the United States. In order to ensure that you receive notice of the decision entered by the court in your case, you should follow the court's procedures for providing updated address and contact information.

What happens if I win my case and the court grants my petition for review after I have been removed?

Absent extraordinary circumstances, ICE will facilitate your return to the United States if your case is remanded for further proceedings before the Board of Immigration Appeals or the Immigration Court and your presence is necessary for continued adjudication of your case. This may be because the court specifically ordered your presence, or because the nature of the court's decision requires you to return for further testimony. ICE may explore other options in lieu of facilitating your return, such as arranging for video teleconferencing or telephonic testimony, if appropriate.

If, after your case is remanded, the Board or Immigration Court enters a final and unreviewable decision that permits you to be physically present in the United States, ICE will facilitate your return and you will be able to obtain the status that the Board or Immigration Court has granted you.

What constitutes "extraordinary circumstances"?

Extraordinary circumstances include, but are not limited to, situations where the return of an alien presents serious national security considerations or serious adverse foreign policy considerations.

What if I believe that I need to be present in the United States for my case after I have been removed and the court grants my petition for review?

Most courts and many foreign embassies have the technology to support your participation in your immigration hearing by either video teleconferencing or by phone. However, if these alternatives are not available to you in the country to which you were removed, and your presence is required by court order or is otherwise necessary to continue your case, you may request that ICE assist you with your return to the United States. You will need to reach out to ICE to request return to the United States.

I held lawful permanent resident (LPR) or other lawful immigration status before my removal; if my petition for review was granted, will special rules apply in my case?

ICE will facilitate your return to the United States if you were an LPR or held other lawful immigration status (which has not yet expired) prior to the entry of a removal order in your case and the court's decision vacates or reverses your removal order.

Is it my responsibility to contact DHS once I learn that a court has reversed or vacated my removal order?

Yes. ICE will initiate efforts to facilitate your return only after you have communicated with the agency to request that we do so.

How do I request assistance from DHS in facilitating my return to the United States?

Once a court grants your petition for review, you or your representative should contact ICE, which will be responsible for coordinating your return with other DHS components. In particular, you or your representative should contact the ICE Public Advocate, who can be reached at (202) 732-3100 or via email at EROPublicAdvocate@ice.dhs.gov. You should have your circuit court case number and alien registration number available, as well as detailed contact information to allow ICE to get in touch with you.

Can my lawyer, legal representative, or family member or other advocate contact the Public Advocate on my behalf?

Yes.

Will the Public Advocate let me know if ICE has agreed to facilitate my return to the United States?

The Public Advocate will route your request to the appropriate ICE offices, which will contact you or your representative concerning your potential return to the United States. The Public Advocate will also provide you with a point of contact for this process.

What does the Public Advocate do after I request ICE's assistance to return to the United States after a court grants my petition for review?

The Public Advocate will direct your request to ICE Enforcement and Removal Operations (ERO), where an appropriate supervisory official will determine whether to facilitate your return to the United States, based on the considerations explained above. If a decision is made to facilitate your return, the subsequent process will depend on whether you will be returning to the United States by air or sea, or by land from Mexico or Canada.

If you are returning by air or sea, ERO will work with the ICE Homeland Security Investigations Law Enforcement Parole Unit (LEPU) to arrange for you to be issued appropriate transportation documents by the U.S. Embassy or Consulate abroad. The commercial air or sea carrier will rely upon that documentation to authorize you to board the U.S.-bound flight or vessel. ICE will coordinate with U.S. Customs and Border Protection (CBP) at the port of entry in advance of your arrival by air or sea. If you are traveling by land, ICE will coordinate with CBP personnel at the appropriate port of entry concerning your return to the United States.

Will I be provided a point of contact in ICE throughout the return process?

Yes. The Public Advocate will advise you as to who is the appropriate ICE point of contact for your case. However, anyone contacting ICE on your behalf who is not your attorney or accredited representative of record will need to complete and send to the ICE designated point of contact a privacy waiver, signed by you, so that case information can be exchanged. The ICE Privacy Waiver form is available on the internet at the following links: www.ice.gov/doclib/news/library/forms/pdf/60-001.pdf (English); www.ice.gov/doclib/news/library/forms/pdf/60-001-sp.pdf (Español).

The attorney or legal representative of record will need to complete and send a Form G-28 that has been signed by you in order to be able to talk to ICE officials regarding your case. The G-28 form is available on the internet at the following link: www.uscis.gov/files/form/g-28.pdf.

Do I need to fill out any U.S. government forms for ICE to decide whether to facilitate my return to the United States?

No. It is not necessary to complete any forms to begin the return process; the ICE point of contact will let you know if he or she needs additional information. Please make sure you keep ICE updated with reliable contact information, so that ICE may get in touch with you about your case and request further information, as needed.

Once ICE tells me that it will facilitate my return to the United States, what happens?

If Returning by Land

The ICE point of contact will work with you to identify your anticipated travel dates and U.S. port of entry and coordinate with CBP so that, upon your arrival, you are allowed into the United States to resume your prior lawful immigration status and/or in order to continue to pursue your case.

If Returning by Air or Sea

ICE will contact the appropriate U.S. Embassy/Consulate in the country to which you have been removed to prepare transportation documentation. If/when the U.S. Embassy/Consulate issues transportation documentation, ICE will then coordinate with CBP so that, upon your arrival, you are allowed into the United States to resume your prior lawful immigration status and/or in order to continue to pursue your case.

What sort of transportation documentation will the U.S. Embassy or Consulate issue to me?

After ICE has decided to facilitate your return to the United States, you must possess a passport and appropriate transportation documentation to travel to the United States. A transportation/boarding letter is a document issued by a U.S. Embassy or Consulate abroad, allowing you to board a commercial aircraft or maritime vessel to come to the United States. A transportation/boarding letter cannot be issued without a passport or equivalent travel document.

What do I need to return to the United States?

In order to return to the United States by air or sea, you must have with you a valid passport or equivalent documentation and either a valid immigrant/nonimmigrant visa or a transportation/boarding letter authorizing your return to the United States for purposes of participating in your immigration case. If returning by land, you must have with you appropriate identity documentation, which could include a passport or other government-issued documents.

What if my country will not issue me a passport?

You will not be able to return to the United States via commercial air carrier or maritime vessel without a valid passport or equivalent travel document, and the United States Government cannot compel another country to issue such documentation. The U.S. Embassy/Consulate will not issue a transportation/boarding letter authorizing your admission without a valid passport or equivalent travel document.

Am I responsible for making my own travel arrangements to return to the United States?

Yes. You will be responsible for your own travel arrangements and informing the ICE point of contact of your arrangements. ICE's involvement in facilitating your return is generally limited to: (i) reviewing and processing any paperwork necessary for your return; (ii) working with the Department of State, through the U.S. Embassy or Consulate in your country, to obtain a transportation/boarding letter on your behalf; and (iii) and working with CBP to assist in your physical reentry upon arrival.

Who is responsible for paying for my return trip?

In cases involving removal of an individual from the United States who was subject to an administratively final order and for whom there was no stay of removal in effect at time of his or her removal, that individual will be responsible for incurring the costs for returning to the United States to resume his or her prior immigration status and/or to continue to pursue his or her immigration case. However, as discussed above, ICE will work to ensure that you will be able to travel back to the United States if appropriate.

I provided the U.S. Embassy with my passport and received a transportation/boarding letter. I just bought an airline ticket or booked passage on a maritime vessel to return to the United States. Do I need to let DHS know?

Yes. You must let your ICE point of contact know when you plan to arrive in the United States so that he or she can coordinate with CBP at the port of entry.

I am in Mexico or Canada and plan to enter the United States by land at the border crossing. Will I need a transportation/boarding letter?

No. Transportation/boarding letters are only required for those arriving by air or sea. However, you will still need to contact your ICE point of contact and advise him/her of your travel arrangements so ICE can coordinate with CBP at the port of entry.

How long will it take from the time I request ICE to facilitate my return until my arrival in the United States?

How long this process will take may vary depending on several factors, including whether you return to the United States by land, sea or air, as well as whether you possess a valid passport at the time of the request, how long it takes the U.S. Embassy to prepare a transportation/boarding letter, etc. Absent unusual circumstances, the length of this process generally ranges from a matter of weeks to a few months.

If ICE facilitates my return to the United States after my petition for review has been granted, what will my immigration status be, if any?

ICE will regard you as returning to the status you had just prior to the administrative order that the federal court has reversed or vacated. For instance, if you had been a lawful permanent resident (LPR) just prior to the entry of a final removal order in your case, and the court's decision vacates that order, ICE will consider your LPR status to be reinstated. LPRs are generally permitted to enter and reside in the United States, and ICE will therefore generally facilitate your return to the United States. Because ICE regards you as returning to your prior status, ICE will not treat you as an arriving alien unless you had been charged as an arriving alien prior to removal.

Please be aware that, in most instances, when a federal court reverses or vacates a final removal order, it also remands the case to the Board of Immigration Appeals or to the Department of Homeland Security for further proceedings. Accordingly, upon return, you will likely continue to be in immigration proceedings until your case is fully decided. In order to ensure that you receive notices and orders related to any future immigration proceedings, you should follow all rules requiring you to provide updated address and contact information. The forms for notifying the Immigration Courts (EOIR-33/IC) and Board of Immigration Appeals (EOIR-33/BIA) of any change in address are available here: www.justice.gov/eoir/formslist.htm.

When ICE facilitates my return to the United States after my petition for review has been granted, will I be detained upon my return?

You may be detained for further immigration proceedings upon your return depending on the circumstances of your case and ICE's assessment of whether you are subject to mandatory detention under the immigration laws or should otherwise be detained because you pose a danger to the community or risk of flight.

Do I need to pay a fee for ICE to consider whether to facilitate my return to the United States?

No. However, you will generally be responsible for all transportation costs back to the United States and any fees associated with acquiring the required passport or equivalent travel document from your country.

Who do I contact for status regarding my request to return to the United States?

Once you are assigned an ICE point of contact, your inquiries should be directed to that individual. However, you remain free to contact the Public Advocate with any concerns. The Public Advocate can be reached at (202) 732-3100 or via email at EROPublicAdvocate@ice.dhs.gov

May I now contact the Public Advocate and request assistance from ICE if I was removed and then received a favorable court decision in the past, whether or not I previously sought to return to the United States?

Yes. If you received a favorable court decision in the past after you were removed and are unsure of whether ICE would facilitate your return, you may contact the Public Advocate for further information and evaluation of your request in accordance with ICE Policy Directive Number 11061.1, Facilitating the Return to the United States of Certain Lawfully Removed Aliens.

Supreme Court debate: is Arizona's Immigration law Constitutional?

Ashwin Sharma — Wed, 25 Apr 2012 22:01:49 GMT

I participated in an online debate today over the legal issues surrounding Arizona SB 1070. PolicyMic will be hosting the discussion with several legal scholars and think-tank scholars on how the Supreme Court should decide the case.

Continue to debate

FY 2013 H-1B Cap Count as of 04/20/2012

Ashwin Sharma — Tue, 24 Apr 2012 19:21:51 GMT

FY 2013 H-1B Cap Count

Cap Type	Cap Amount	Cap Eligible Petitions	Date of Last Count
H-1B Regular Cap	65,000	25,000	04/20/2012
H-1B Master’s Degree Exemption	20,000	10,900	04/20/2012

H-1B Cap count for April 13, 2012

Ashwin Sharma — Wed, 18 Apr 2012 20:57:09 GMT

H-1B Cap count for April 13, 2012, about 20,600 cap-subject petitions have been taken in. As well, USCIS has accepted about 9,700 H-1B petitions for the advanced degree cap.

Dying wish to become U.S. citizen granted

Ashwin Sharma — Wed, 18 Apr 2012 14:37:23 GMT

Via Channel 4 News

Attorney Ashwin Sharma was recently interviewed by Channel 4 News, Jacksonville in regards to the firm's Pro Bono representation in coordinating an expedited Naturalization ceremony for Mr. Seferi. Sharma & Moore, P.A. would like to thank USCIS Officers Bae, Green and Lawry for expediting Mr. Seferi's background check and for visiting him at the hospital to administer the Oath of Allegiance, grant U.S. Citizenship.

Continue to article:

USCIS Changes Look and Feel of Form I-797C

Ashwin Sharma — Tue, 10 Apr 2012 15:37:07 GMT

WASHINGTON - On April 2, 2012, USCIS will issue Form I-797C, Notice of Action, with a new look and feel. We will print the Form I-797C on plain bond paper. This change is estimated to save the agency about $1.1 million per year.

This form change will help reduce public perception that the Form I-797C demonstrates evidence of an immigration benefit or status. The top of the new Form I-797C will clearly display: “THIS NOTICE DOES NOT GRANT ANY IMMIGRATION STATUS OR BENEFIT.” The following is a sample of how this disclaimer will appear on the Form I-797C:

Please note, the Form I-797C, Notice of Action is used ONLY for certain types of communication between individuals and the agency including notifications of:

Receipt (notifies the customer that their payment and application/petition has been received by USCIS)
Rejection (notifies the customer that their application/petition has been rejected due to incorrect information or payment)
Transfer (notifies the customer that their case was relocated to another USCIS office for processing)
Re-Open (notifies the customer that USCIS has approved a motion to re-open their completed case and it is being processed)
Appointment (notifies the customer that they have an appointment with USCIS to obtain fingerprint or biometric capture, to attend an interview, or that their appointment has been rescheduled)

Form I-797C appointment notices will also contain disability accommodation information on the back of the form. Previously this information was included as a separate flyer that was sent along with the notice. Printing this information on the back of the form will save additional resources by consolidating the notice and disability information into one form.

Form I-797C Notice of Actions issued before April 2, 2012, will remain valid. This change to Form I-797C is part of our ongoing efforts to improve customer service while enhancing agency operations.

For more information on USCIS and its programs, please visit www.uscis.gov or follow us on Twitter (@uscis ), YouTube (/uscis ) and the USCIS blog The Beacon.

Last updated:03/30/2012

USCIS Proposes Process Change for Certain Waivers of Inadmissibility

Ashwin Sharma — Tue, 10 Apr 2012 15:33:13 GMT

Released by USCIS: March 30, 2012

Proposal would reduce time that U.S. citizens are separated from immediate relatives

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today posted a Notice of Proposed Rulemaking (NPRM) in the Federal Register that would reduce the time U.S. citizens are separated from their spouses, children, and parents (i.e. immediate relatives) who must obtain an immigrant visa abroad to become lawful permanent residents of the United States. This rule would allow certain immediate relatives of U.S. citizens to apply for a provisional waiver of the unlawful presence ground of inadmissibility while still in the United States if they can demonstrate that being separated from their U.S. citizen spouse or parent would cause that U.S. citizen relative extreme hardship. The proposed rule will not alter how USCIS determines eligibility for a waiver of inadmissibility or how an individual establishes extreme hardship.

“The law is designed to avoid extreme hardship to U.S. citizens, which is precisely what this proposed rule will more effectively achieve,” said USCIS Director Alejandro Mayorkas. “The current process can subject U.S. citizens to months of separation from family members who are waiting for their cases to be processed overseas. The proposed change will have tremendous impact on families by significantly reducing the time of separation.”

USCIS also proposes creating a new form for immediate relatives of U.S. citizens who choose to apply for a provisional unlawful presence waiver. Once in effect, this form would be used for individuals filing an application for a provisional unlawful presence application before he or she departs the United States to complete the immigrant visa process at a U.S. Embassy or consulate abroad. The streamlined process would only apply to immediate relatives who are otherwise eligible for an immigrant visa based on an approved immediate relative petition.

The proposed process outlined above is not in effect and is not available until USCIS publishes a final rule with an effective date in the Federal Register. USCIS will consider all public comments on the proposed rule announced today before publishing the final rule in the coming months. Individuals at this time should not to submit an application for a provisional unlawful presence waiver, or allow anyone to submit one on their behalf because it will be rejected.

USCIS encourages the public to submit formal input on the proposed rule through www.regulations.gov during a comment period that runs from April 2, 2012 until June 1, 2012.

A detailed Web page addressing the proposed rule is currently posted to http://www.uscis.gov/provisionalwaiver. Additional details on the proposed process changes will be available at www.regulations.gov on April 2, 2012. For more information on USCIS and its programs and services, please visit www.uscis.gov or follow us on Twitter (@uscis ), YouTube (/uscis ) and the USCIS blog The Beacon.

Last updated:04/04/2012

DHS Yearbook of Immigration Statistics: 2011

Ashwin Sharma — Tue, 10 Apr 2012 15:30:24 GMT

Data on individuals who became Legal Permanent Residents in 2011

Table #	Title
Table 1	Persons Obtaining Legal Permanent Resident Status: Fiscal Years 1820 to 2011 (XLS, 30 KB)
Table 2	Persons Obtaining Legal Permanent Resident Status by Region and Selected Country of Last Residence: Fiscal Years 1820 to 2011 (XLS, 51 KB)
Table 3	Persons Obtaining Legal Permanent Resident Status by Region and Country of Birth: Fiscal Years 2002 to 2011 (XLS, 52 KB)
Table 4	Persons Obtaining Legal Permanent Resident Status by State or Territory of Residence: Fiscal Years 2002 to 2011 (XLS, 32 KB)
Table 5	Persons Obtaining Legal Permanent Resident Status by Core Based Statistical Area (CBSA) of Residence: Fiscal Years 2002 to 2011 (XLS, 33 KB)
Table 6	Persons Obtaining Legal Permanent Resident Status by Type and Major Class of Admission: Fiscal Years 2002 to 2011 (XLS, 35 KB)
Table 7	Persons Obtaining Legal Permanent Resident Status by Type and Detailed Class of Admission: Fiscal Year 2011 (XLS, 76 KB)
Table 8	Persons Obtaining Legal Permanent Resident Status by Gender, Age, Marital Status, and Occupation: Fiscal Year 2011 (XLS, 30 KB)
Table 9	Persons Obtaining Legal Permanent Resident Status by Broad Class of Admission and Selected Demographic Characteristics: Fiscal Year 2011 (XLS, 31 KB)
Table 10	Persons Obtaining Legal Permanent Resident Status by Broad Class of Admission and Region and Country of Birth: Fiscal Year 2011 (XLS, 48 KB)
Table 11	Persons Obtaining Legal Permanent Resident Status by Broad Class of Admission and Region and Country of Last Residence: Fiscal Year 2011 (XLS, 48 KB)
Table 12	Immigrant Orphans Adopted by U.S. Citizens by Gender, Age, and Region and Country of Birth: Fiscal Year 2011 (XLS, 32 KB)

Supplemental Tables

Table #	Title
Supplemental Table 1	Persons Obtaining Legal Permanent Resident Status by State or Territory of Residence and Region and Country of Birth: Fiscal Year 2011 (XLS, 180 KB)
Supplemental Table 2	Persons Obtaining Legal Permanent Resident Status by Leading Core Based Statistical Areas (CBSAs) of Residence and Region and Country of Birth: Fiscal Year 2011 (XLS,156 KB)
Supplemental Table 3	Persons Obtaining Legal Permanent Resident Status by Region of Birth and Core Based Statistical Area (CBSA) of Residence: Fiscal Year 2011 (XLS, 153 KB)
Supplemental Table 4	Immigrant-Orphans Adopted by U.S. Citizens by State or Territory of Residence, Gender, and Age: Fiscal Year 2011 (XLS, 24 KB)

FY 2013 H-1B Cap Count as of 04/09/2012

Ashwin Sharma — Tue, 10 Apr 2012 15:27:27 GMT

FY 2013 H-1B Cap Count

Cap Type	Cap Amount	Cap Eligible Petitions	Date of Last Count
H-1B Regular Cap	65,000	17,400	04/09/2012
H-1B Master’s Degree Exemption	20,000	8,200	04/09/2012

H-1B Cap Count - as of April 5, 2012 - Double the cases filed as compared to last year about this time

Ashwin Sharma — Thu, 05 Apr 2012 20:35:11 GMT

USCIS has indicated that 22,323 cap-subject H-1B petitions have been receipted in as of April 4, 2012. About 25% of the petitions are for the U.S. advanced degree cap. USCIS indicated that the volume of cases receipted in so far this year are nearly double the same time last year.