Archive | July 2013

Why Immigration Reform is Good for our Economy

From the White House White Board: Why Immigration Reform is Good for our Economy

USCIS Report: FY2012 Annual Report to Congress on Characteristics of H-1B Specialty Occupation Workers

FY2012 Annual Report to Congress on Characteristics of H-1B Workers

USCIS report to Congress on the characteristics of H-1B filings for FY2012, including statistics on country of birth and age of beneficiary, occupational categories and titles of approved petitions, annual compensation rates, and industry breakdowns.

Board of Immigration Appeals Holds DOMA Irrelevant For Same-Sex Marriage Immigration Cases if Marriage Valid in the State Celebrated

The Board of Immigration Appeals recently held that Section 3 of the Defense of Marriage Act (“DOMA”) is no longer an obstacle to the recognition of lawful same-sex marriages and spouses under the INA if the marriage is valid under the laws of the State where it was held.

Read More…

VISA BULLETIN FOR AUGUST 2013 – DATES ADVANCE

Visa Bulletin For August 2013

Number 59
Volume IX
Washington, D.C.

A.  STATUTORY NUMBERS

Read More…

Secretary of State John Kerry’s Statement on Supreme Court Ruling on the Defense of Marriage Act

The U.S. Department of State applauds the Supreme Court’s decision striking down an unjust and discriminatory law and increasing freedom and equality for LGBT Americans.

As a Senator, I voted against DOMA in 1996 and argued that it was unconstitutional. As Secretary of State, I look forward to the work that now can and must be done to adjust rules and regulations that affect the many married Americans who were hurt by this law. While I am incredibly proud of the job that the State Department has done in ensuring equal benefits for our employees, there’s more to be done. To fully implement the requirements and implications of the Court’s decision, we will work with the Department of Justice and other agencies to review all relevant federal statutes as well as the benefits administered by this agency. We will work to swiftly administer these changes to ensure that every employee and their spouse have access to their due benefits regardless of sexual orientation both at home and abroad.

I am proud of the progress we’re making in this arena, and particularly proud that I work for a President who has helped to lead the way forward. From Stonewall to the repeal of ‘Don’t Ask, Don’t Tell,’ despite setbacks along the way, the arc of our history on this issue has bent towards inclusion and equality, perhaps never more so than today.

PRN: 2013/0809

TITLE IV OF THE SENATE’S S.744 IMMIGRATION REFORM BILL – RELATING TO CHANGES IN H-1B, L-1, E-2 NONIMMIGRANT VISAS

TITLE IV–REFORMS TO NONIMMIGRANT VISA PROGRAMS

 

Subtitle A–Employment-based Nonimmigrant Visas

 

SEC. 4101. MARKET-BASED H-1B VISA LIMITS.

 

(a) In General- Section 214(g) (8 U.S.C. 1184(g)) is amended–
(1) in paragraph (1)–
(A) in the matter preceding subparagraph (A), by striking `(beginning with fiscal year 1992)’; and
(B) by amending subparagraph (A) to read as follows:
`(A) under section 101(a)(15)(H)(i)(b) may not exceed the sum of–
`(i) the base allocation calculated under paragraph (9)(A); and
`(ii) the allocation adjustment calculated under paragraph (9)(B); and’;
(2) by redesignating paragraph (10) as subparagraph (D) of paragraph (9);
(3) by redesignating paragraph (9) as paragraph (10); and
(4) by inserting after paragraph (8) the following:
`(9)(A) Except as provided in subparagraph (C), the base allocation of nonimmigrant visas under section 101(a)(15)(H)(i)(b) for each fiscal year shall be equal to–
`(i) the sum of–
`(I) the base allocation for the most recently completed fiscal year; and
`(II) the allocation adjustment under subparagraph (B) for the most recently completed fiscal year;
`(ii) if the number calculated under clause (i) is less than 115,000, 115,000; or
`(iii) if the number calculated under clause (i) is more than 180,000, 180,000.

 

Read More…

USCIS now considers Same-Sex Marriages valid: Green Card Applications OK

VIA DHS.GOV

Implementation of the Supreme Court Ruling on the Defense of Marriage Act

Statement from Secretary of Homeland Security Janet Napolitano:

English: Official portrait of United States Se...

English: Official portrait of United States Secretary of Homeland Security Janet Napolitano Español: Retrato oficial de Secretaria de Seguridad Interna de los Estados Unidos Janet Napolitano (Photo credit: Wikipedia)

“After last week’s decision by the Supreme Court holding that Section 3 of the Defense of Marriage Act (DOMA) is unconstitutional, President Obama directed federal departments to ensure the decision and its implication for federal benefits for same-sex legally married couples are implemented swiftly and smoothly. To that end, effective immediately, I have directed U.S. Citizenship and Immigration Services (USCIS) to review immigration visa petitions filed on behalf of a same-sex spouse in the same manner as those filed on behalf of an opposite-sex spouse.”

Frequently Asked Questions

Read More…

Update: USCIS has Issued a “Notice to Disregard” its previously issued I-485 RFEs asking Derivative Beneficiaries for Principle Applicant Evidence

By Ashwin Sharma, Esq. 07/01/201

Our firm has received several “Notices to Applicants” from USCIS today which confirmed our prediction that USCIS had erroneously issued the large numbers of I-485 Requests for Evidence (RFE) requesting Principle Applicant evidence (letter from employer, etc) from Derivative Applicant spouses.  We thank USCIS for clarifying this situation quickly; these RFE’s caused a great deal of confusion among applicants and their attorneys, especially in light of the potential for upcoming PD movement.

The USCIS Notice to Applicant indicates the following:

Read More…

DOL Statistics on Prevailing Wage Applications for PERM/H-1B/H-2B Through June 15, 2013

DOL Statistics on Prevailing Wage Applications for PERM/H-1B/H-2B Through June 15, 2013

DOL Office of Foreign Labor Certification factsheet with statistics on prevailing wage determination program for the second quarter of FY2013 through June 15, 2013.  

Four of the top five occupations are in the Information Technology sector.