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Ireland considering immigration deal with U.S

Via Reuters UK

10/25/2006

DUBLIN (Reuters) – Thousands of Irish citizens living unlawfully in
the United States could be legalised in return for more work permits
for U.S. citizens lured to Ireland by its thriving economy, an Irish
minister said on Wednesday.

“There is clear evidence to support
the establishment of some form of bilateral agreement between the U.S.
and Irish governments,” Labour Minister Tony Killeen said in a
statement after he returned from a trip to New York.

Killeen said
that, while 30,000 to 40,000 illegal Irish immigrants were living in
the United States, two centuries of mass emigration to the United
States from Ireland because of famine and unemployment was clearly now
at an end.

Ireland’s Trade and Employment Ministry said more than
4,300 Americans immigrated to Ireland in search of employment in 2005,
compared with 1,700 Irish people moving to the United States, where
more than 10 percent of the population claims Irish descent.

Killeen said a jobs fair in New York showed how appealing Ireland had become in the wake of the “Celtic Tiger” boom.

“The
interest expressed by Americans to come and work in Ireland was so
great that a queue more than two-and-a-half blocks long formed outside
the exhibition venue,” he said.

“In less than 15 years, Ireland
has gone from being the sick man of Europe to one of the most dynamic
economies in the developed world.”

Killeen told Reuters in New
York last week that Ireland would also try to lure Irish and U.S.
citizens back to Ireland where the population is now back above 4
million, having slumped to a 120-year low of 2.8 million in the 1960s.

America Votes 2006 – Issues – Immigration

VIA CNN


(CNN) — The battle over illegal immigration promises to rage on until
Election Day and beyond. Emotions surrounding this contentious issue
are high, as evidenced in the massive pro- and anti-immigration rallies
held across the country this spring.

The House and Senate each passed vastly different versions of
immigration reform and now face the difficult task of reconciling these
differences. The Senate version included a guest-worker program for
illegal immigrants already in the United States, a provision backed by
President Bush but unpalatable to many conservatives. The House passed
a much tougher bill that made illegal immigrants subject to felony
prosecution and did not include any amnesty or guest-worker provisions.
Despite a hard push by President Bush and polls that indicate voters
want reform, a compromise looks unlikely before November.

The impact on candidates is still unclear. Rep. Chris Cannon
(R-Utah) survived a stiff primary challenge earlier this year in a
contest that focused on immigration and his position that not all
illegal immigrants should be deported. Republicans also won a special
election this year in California’s 50th Congressional District, where
candidates spoke extensively about voter anger over illegal
immigration.

While not passing reform before November could hurt both sides
at the polls, Republicans and Democrats alike know that compromising on
controversial measures like a guest-worker program could hurt
candidates with their respective bases.

Related:
Video: Border security initiatives
California message: Immigration will be key theme


December 16, 2005:
The House passes 239-182 a tough immigration bill that would make
unlawful presence in the country a felony, require that a fence be
built along part of the Mexican border, and require employers to verify
the legality of their employees. The bill does not include any amnesty
provisions favored by President Bush.
May 25, 2006: The
Senate passes 62-36 a wide-ranging overhaul of immigration laws,
including strengthening security at the Mexican border and granting
many illegal immigrants a path toward citizenship. (38 Democrats, 23
Republicans, 1 independent vote yes; 32 Republicans, 4 Democrats vote
no)


March 1, 2003:
The U.S. Immigration and Naturalization Service is moved into the
Department of Homeland Security and renamed the U.S. Citizenship and
Immigration Services.
April 1, 2006: A private group
called The Minutemen sends thousands of volunteers to patrol the
U.S.-Mexico border for 30 days. President Bush has called the group
“vigilantes.”
May 15, 2006: President Bush announces that 6,000 National Guard members will be deployed to the Mexican border to assist the Border Patrol.
Timeline: Immigration key dates


AILA-SCOPS Update on Chile-Singapore Leftover H-1Bs

VIA AILA
10/25/2006

USCIS advised AILA’s Service Center Operations
(SCOPS) Liaison Committee on the processing of the remaining 89 H-1B
cap subject cases that were not selected as part of the random number
generator on 5/26/06 as follows:

  • A letter will be issued to each petitioner/attorney notifying them
    that their case will be processed if they submit the appropriate fees.
  • The letter will include instructions on mailing the fees to a dedicated mailing address.
  • The deadline to respond to the letter will be November 14, 2006.
  • Those that have not responded by November 14, 2006, will be
    contacted by the Vermont Service Center (VSC) via e-mail or phone to
    determine whether they are interested in pursuing the petition.
  • A dedicated e-mail address will be set up for any filing questions
    pertaining to these cases. This e-mail account will be monitored
    through the deadline date.

AILA-SCOPS Liaison has requested further clarification on this and will post further information as it becomes available.

USCIS Announces Extension of Returning Worker Exemption

VIA USCIS
10/23/2006

Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) announced today that the “returning worker” exemption to the H-2B numerical limitation has been extended by the National Defense Authorization Act for Fiscal Year 2007 (H.R. 5122), section 1074, which was signed by President Bush on Oct. 17, 2006. The one year extension of the “returning worker” provisions will remain in effect until September 30, 2007.

Petitions filed for returning H-2B workers do not count towards the congressionally mandated bi-annual H-2B cap. “Returning workers” are exempt from H-2B cap limitations. In order to qualify, USCIS must have previously counted the “returning worker” against the H-2B numerical cap in one of the three fiscal years preceding the current year (i.e. between October 1, 2003 and September 30, 2006). Any worker not certified as a “returning worker” is subject to the numerical limitations for the relevant fiscal year. Petitions received after the “final receipt date” which contain a combination of “returning workers” and workers subject to the current H-2B cap will be rejected with respect to non-returning workers, and petitioning employers will receive partial approvals for those aliens who qualify as “returning workers” if otherwise approvable.

USCIS will continue to process petitions filed to:

• Extend the stay of a current H-2B worker in the United States;
• Change the terms of employment for current H-2B workers and extend their stay;
• Allow current H-2B workers to change or add employers and extend their stay; or
• Request eligible H-2B “returning workers.”

More information about the H-2B work program is available at http://www.uscis.gov or by calling the National Customer Service Center at 1-800-375-5283.

US visa appointment slots hiked to 30,000 at the US Consulate in Chennai

Via Rediff News
October 19, 2006



Taking serious note of the vast backlog for US visa appointments, the
US Consulate in Chennai has added 30,000 visa appointments till the end
of this year, Peter Kaestner, Minister Counsellor of US Consular
Affairs, New Delhi, said on Thursday.

He
said the number of visa appointment slots was being increased in a bid
to streamline the US visa application process and to reduce the
long-waiting time for applicants.

“The US Consulate General is
not satisfied with the long-waiting time for visa appointments, as much
as the applicants. The headquarters at Washington has sanctioned more
resources in the form of money and extra personnel to quicken the
process of visa issuance,” Kaestner informed the media.

In
order to enable better service, the US consulate was strongly urging
the applicants, who had obtained appointment slots in 2007, to advance
their appointments to this year.

As many as 500 slots are
available every day and these can be used to eliminate the backlog in
issuing visas, he said.  This year alone, over 1,25,000 visa
applications were received from all over the country and another 40,000
appointment requests had already been made for 2007, he said.

“There
has been an increase of 19 per cent in the number of visas issued in
the last budgetary year when compared to the previous year, with
1,20,000 issuances in 2004-05 increasing to over 1,43,000 in 2005-06,”
Kaestner said.

“The US Consulate receives fraudulent visa
applications in which the applicant supplies false documents in the
form of school leaving certificates, bank documents and university
degrees,” Kaestner said. He attributed this to the wrong information
being provided to the applicants by people posing as visa agents, about
the documents required.

“Even legitimate applicants have to be
denied visas because they follow the advice of such agents. In reality,
very few documents are required to be attached with a visa application
and the specifications are available in the website http://www.vfs-usa.co.in”,
Kaestner said.

Voicing concern over this fraudulent activity, he
said that the number of fake applications was large enough to intervene
in the smooth processing of visas. Over 80,000 students from India were
pursuing higher education in America of which 12,000 were from South
India alone.

The number of student visas had increased steadily
and last year registered the highest number of student visas, Kaestner
said. Compared to 2004-05, the last financial year recorded a 20 per
cent increase in the number of student visas, he said.

Revealing
that Chennai topped the country in the highest number of visa
applications, he said the city was way ahead of all other states in
eliminating the backlog.

President Signs Defense Authorization, Enacting H-2B Relief

On October 17, 2006, President Bush signed the National Defense Authorization
Act for Fiscal Year 2007 (H.R. 5122) into law. Section 1074 of the bill includes
a one year extension of the returning worker exemption to the H-2B visa cap and
provides for the extension to take effect beginning October 1, 2006.

N. Jersey town sued over immigration law

Via The Washington Post
10/18/2006

PHILADELPHIA (Reuters) – Civil rights campaigners and
business groups sued the New Jersey township of Riverside on
Wednesday over a law that seeks to crack down on illegal
immigration.

The law called the Illegal Immigration Relief Act, passed
by Riverside’s city council in July, is designed to stop
businesses hiring or renting to illegal immigrants, who are
accused of overburdening local services without paying taxes.

Riverside’s law oversteps the city’s authority, violates
civil rights under state law and fails to clearly define who is
an illegal immigrant, according to the lawsuit.

Continue reading

VISA BULLETIN FOR NOVEMBER 2006

Visa Bulletin

Number 99
Volume VIII
Washington, D.C.

VISA BULLETIN FOR NOVEMBER 2006

A. STATUTORY NUMBERS

1.
This bulletin summarizes the availability of immigrant numbers during
November. Consular officers are required to report to the Department of
State documentarily qualified applicants for numerically limited visas;
the Bureau of Citizenship and Immigration Services in the Department of
Homeland Security reports applicants for adjustment of status.
Allocations were made, to the extent possible under the numerical
limitations, for the demand received by October 6th in the
chronological order of the reported priority dates. If the demand could
not be satisfied within the statutory or regulatory limits, the
category or foreign state in which demand was excessive was deemed
oversubscribed. The cut-off date for an oversubscribed category is the
priority date of the first applicant who could not be reached within
the numerical limits.

Only
applicants who have a priority date earlier than the cut-off date may
be allotted a number. Immediately that it becomes necessary during the
monthly allocation process to retrogress a cut-off date, supplemental
requests for numbers will be honored only if the priority date falls
within the new cut-off date.

2.Section
201 of the Immigration and Nationality Act (INA) sets an annual minimum
family-sponsored preference limit of 226,000. The worldwide level for
annual employment-based preference immigrants is at least 140,000.
Section 202 prescribes that the per-country limit for preference
immigrants is set at 7% of the total annual family-sponsored and
employment-based preference limits, i.e., 25,620. The dependent area
limit is set at 2%, or 7,320.

3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference.

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent

Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused
first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth : Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences.

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”.

Schedule
A Workers : Employment First, Second, and Third preference Schedule A
applicants are entitled to up to 50,000 “recaptured” numbers.

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.

4.
INA Section 203(e) provides that family-sponsored and employment-based
preference visas be issued to eligible immigrants in the order in which
a petition in behalf of each has been filed. Section 203(d) provides
that spouses and children of preference immigrants are entitled to the
same status, and the same order of consideration, if accompanying or
following to join the principal. The visa prorating provisions of
Section 202(e) apply to allocations for a foreign state or dependent
area when visa demand exceeds the per-country limit. These provisions
apply at present to the following oversubscribed chargeability areas:
CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

5.
On the chart below, the listing of a date for any class indicates that
the class is oversubscribed (see paragraph 1); “C” means current, i.e.,
numbers are available for all qualified applicants; and “U” means
unavailable, i.e., no numbers are available. (NOTE: Numbers are
available only for applicants whose priority date is earlier than the
cut-off date listed below.)

Fam-ily All Charge- ability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPP-INES
1st  22APR01 22APR01 22APR01 01JUL93 15NOV91
2A 01SEP01 01SEP01 01SEP01 01DEC99 01SEP01
2B 01FEB97 01FEB97 01FEB97 22FEB92 15AUG96
3rd 15NOV98 15NOV98 15NOV98 01JAN95 08FEB91
4th 22OCT95 22APR95 01AUG95 22OCT93 01MAY84

*NOTE:
For November, 2A numbers EXEMPT from per-country limit are available to
applicants from all countries with priority dates earlier than 01DEC99.
2A numbers SUBJECT to per-country limit are available to applicants
chargeable to all countries EXCEPT  MEXICO with priority dates
beginning 01DEC99 and earlier than 01SEP01. (All 2A numbers provided
for MEXICO are exempt from the per-country limit; there are no 2A
numbers for MEXICO subject to per-country limit.)

 

All
Charge-ability
Areas
Except
Those
Listed

CHINA-
mainland born
INDIA MEXICO PHILIP-PINES
Employ-ment
-Based

         
1st C C C C C
2nd C 15APR05 01JAN03 C C
3rd 01JUL02 01JUL02 22APR01 08MAY01 01JUL02
Schedule
A
Workers
01OCT05 01OCT05 01OCT05 01OCT05 01OCT05
Other
Workers
01MAY01 01MAY01 01MAY01 01MAY01 01MAY01
4th C C C C C
Certain Religious Workers C C C C C
5th C C C C C
Targeted Employ-ment Areas/
Regional Centers
C C C C C

The
Department of State has available a recorded message with visa
availability information which can be heard at: (area code 202)
663-1541. This recording will be updated in the middle of each month
with information on cut-off dates for the following month.

Employment
Third Preference Other Workers Category: Section 203(e) of the NACARA,
as amended by Section 1(e) of Pub. L. 105 – 139, provides that once the
Employment Third Preference Other Worker (EW) cut-off date has reached
the priority date of the latest EW petition approved prior to November
19, 1997, the 10,000 EW numbers available for a fiscal year are to be
reduced by up to 5,000 annually beginning in the following fiscal year.
This reduction is to be made for as long as necessary to offset
adjustments under the NACARA program. Since the EW cut-off date reached
November 19, 1997 during Fiscal Year 2001, the reduction in the EW
annual limit to 5,000 began in Fiscal Year 2002.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section
203(c) of the Immigration and Nationality Act provides a maximum of up
to 55,000 immigrant visas each fiscal year to permit immigration
opportunities for persons from countries other than the principal
sources of current immigration to the United States. The Nicaraguan and
Central American Relief Act (NACARA) passed by Congress in November
1997 stipulates that beginning with DV-99, and for as long as
necessary, up to 5,000 of the 55,000 annually-allocated diversity visas
will be made available for use under the NACARA program. This reduction has resulted in the DV-2007 annual limit being reduced to 50,000.
DV visas are divided among six geographic regions. No one country can
receive more than seven percent of the available diversity visas in any
one year.

For
November, immigrant numbers in the DV category are available to
qualified DV-2007 applicants chargeable to all regions/eligible
countries as follows. When an allocation cut-off number is shown, visas
are available only for applicants with DV regional lottery rank numbers
BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 8,500

Except:
Egypt
5,600
Ethiopia
5,600
Nigeria
4,300

ASIA 2,600  
EUROPE 5,700  
NORTH AMERICA (BAHAMAS) 6  
OCEANIA 280  
SOUTH AMERICA, and the CARIBBEAN 350  

Entitlement
to immigrant status in the DV category lasts only through the end of
the fiscal (visa) year for which the applicant is selected in the
lottery. The year of entitlement for all applicants registered for the
DV-2007 program ends as of September 30, 2007. DV visas may not be
issued to DV-2007 applicants after that date. Similarly, spouses and
children accompanying or following to join DV-2007 principals are only
entitled to derivative DV status until September 30, 2007. DV visa
availability through the very end of FY-2007 cannot be taken for
granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN DECEMBER

For
December, immigrant numbers in the DV category are available to
qualified DV-2007 applicants chargeable to all regions/eligible
countries as follows. When an allocation cut-off number is shown, visas
are available only for applicants with DV regional lottery rank numbers
BELOW the specified allocation cut-off number:

Region All DV Chargeability Areas Except Those Listed Separately  
AFRICA 10,300

Except:
Egypt
7,700
Ethiopia 7,300
Nigeria 5,900

ASIA 3,500  
EUROPE 7,700  
NORTH AMERICA (BAHAMAS) 7  
OCEANIA 375  
SOUTH AMERICA, and the CARIBBEAN 525  

D. OVERSUBSCRIPTION OF THE SCHEDULE A WORKER (EX) VISA CATEGORY

Background:
Title V, Section 502 of the REAL ID Act of 2005 (Division B of Pub. L.
109-13 enacted May 11, 2005) provided for the recapture of 50,000
Employment-based immigrant visa numbers that were unused in fiscal
years 2001 through 2004. Such numbers have been made available to
Employment-based immigrants described in the Department of Labor’s
Schedule A and their accompanying spouses and children. The immigrant
category for these 50,000 visa numbers was designated as Schedule A
Workers in the cut-off date table.

Issue: The
Schedule A Workers category has become oversubscribed for November and
a cut-off date established to hold number use within the 50,000
numerical limit. It is expected that demand will bring allocations up
to the program limit during November. Once the limit is reached no
further allocations will be possible, and the category listing will be
removed from future cut-off date tables.

E. EMPLOYMENT-BASED VISA AVAILABILITY IN THE COMING MONTHS

Cut-off
date movements in recent months have been greater than might ordinarily
be expected, in an effort to maximize number use within the annual
numerical limits. This has been necessary because demand being received
from Citizenship and Immigration Services (CIS) Offices for adjustment
of status cases has been relatively light. As these dates have
advanced, however, many thousands of applicants have become eligible
for processing at CIS Offices. Once number use increases significantly
as CIS addresses its backlog, cut-off date movement will necessarily
slow or stop. Moreover, in some categories cut-off date retrogression
is a particular possibility.

Readers
should be aware that the recent rate of cut-off date advances will not
continue indefinitely; however, it is not possible to predict when
significantly increased CIS number use will begin to influence the
cut-off date determinations.

F. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs offers the monthly “Visa Bulletin” on the INTERNET’S WORLDWIDE WEB. The
INTERNET Web address to access the Bulletin is:

http://travel.state.gov

From the home page, select the VISA section which contains the Visa Bulletin.

To
be placed on the Department of State’s E-mail subscription list for the
“Visa Bulletin”, please send an E-mail to the following E-mail address:

listserv@calist.state.gov

and in the message body type:
Subscribe Visa-Bulletin First name/Last name
(example: Subscribe Visa-Bulletin Sally Doe)

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the
following E-mail address :

listserv@calist.state.gov

and in the message body type: Signoff Visa-Bulletin

The
Department of State also has available a recorded message with visa
cut-off dates which can be heard at: (area code 202) 663-1541. The
recording is normally updated by the middle of each month with
information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

VISABULLETIN@STATE.GOV

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514
CA/VO:October 6, 2006

USCIS Reminds Applicants to Obtain Advance Parole Prior to Holiday Travel

Via USCIS PRESS RELEASE
10/11/2006

WASHINGTON, DCU. S. Citizenship and Immigration Service (USCIS) reminds individuals with a pending application for adjustment of status to that of lawful permanent resident, a pending application for relief under section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA 203), a pending asylum application, or an approved application for Temporary Protected Status (TPS), to obtain Advance Parole by filing Form I-131, Application for Travel Document (available online at http://www.uscis.gov), from USCIS before traveling abroad.

Advance Parole is permission to re-enter the United States after traveling abroad in order to continue processing for adjustment of status or other benefits. Individuals must be approved for Advance Parole before leaving the United States. Travel outside of the United States without Advance Parole may result in serious consequences, including being unable to return to the United States and having pending immigration-related applications denied. An asylum applicant who leaves the United States on advance parole and returns to the country of claimed persecution shall be presumed to have abandoned his or her asylum application absent compelling reasons for such return.

Applicants can apply for Advance Parole at a USCIS Service Center. Processing times at Service Centers range from 90-150 days. Applicants planning travel abroad should plan ahead due to the busy holiday travel season. For more information on Advance Parole, see “How do I get a Travel Document?” at
 http://www.uscis.gov/graphics/howdoi/travdoc.htm.

Note:
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, aliens who depart the United States after being unlawfully present in the United States for certain periods can be barred from admission to lawful permanent resident status, even if they have obtained Advance Parole. Those aliens who have been unlawfully present in the United States for more than 180 days, but less than one year are inadmissible for three years; those who have been unlawfully present for a year or more are inadmissible for 10 years. Aliens who are unlawfully present, and who depart the U.S. and subsequently reenter under a grant of parole, may nevertheless be ineligible to adjust their status.

An alien who has been admitted as a refugee or has been granted asylum does not need to obtain advance parole, if applying for adjustment of status under the Immigration and Nationality Act (INA), however, such aliens need a refugee travel document in order to travel abroad. USCIS urges all aliens with pending applications for adjustment of status, relief under NACARA 203, asylum and those applicants currently in http://www.uscis.gov
Temporary Protected Status (TPS) to consult an immigration attorney, immigration assistance organization accredited by the Board of Immigration Appeals, the USCIS National Customer Service Center at
1-800-375-5283, or the USCIS web site: http://www.uscis.gov before making any foreign travel plans.

– USCIS –

Mexico angered by lack of immigration reform, decision to increase security at border

Via BostonHerald.com
10/06/2006

     Mexico lobbied for six years for a comprehensive immigration reform that would allow millions to cross into the United States legally. Instead, they’re getting a fence.

     Mexicans – from leading politicians to migrants preparing to cross illegally – consider the U.S. plan to fence off much of the border shameful, offensive and ill-conceived.

     President Bush on Wednesday signed a bill that would allot $1.2 billion for hundreds of miles of fencing along the U.S.-Mexican border and for more vehicle barriers, lighting and infrared cameras.

   But migrants resting
at a Tijuana shelter after being deported from the United States said
more walls wouldn’t deter them. Alfonso Martinez, a 32-year-old from
southern Mexico, had been working as a farmhand for six months in
Vista, Calif., when he was arrested and deported last week.

    
“Wall or no wall, I will try at least three times,” said Martinez, who
said he would try to cross by himself through Tecate, a mountainous
town about 35 miles east of Tijuana. “I have three girls that I have to
support, and in Mexico there is no work.”

    
Mexican immigrants in the United States and the Mexican government had
lobbied lawmakers for more ways to cross the border and work legally.

    
While Bush had proposed a temporary worker program, it didn’t garner
enough support in Congress for passage. The idea has been dropped by
Washington, at least until after the November congressional elections.

    
Congress focused on security over immigration, arguing that the porous
border could be used by terrorists who want to sneak into the U.S.
undetected. There is no evidence that has happened, however.

    
The Mexican government this week sent a diplomatic note to Washington
criticizing the plan for 700 miles of new fencing along the border.
Foreign Secretary Luis Ernesto Derbez called it an “offense” and said
his office was considering taking the issue to the United Nations.

Continue reading

House Judiciary Committee Approves Physicians for Underserved Areas Act

Via AILA
10/04/2006

The House Judiciary Committee, on 9/27/06, amended and passed the
Physicians for Underserved Areas Act (H.R. 4997), legislation that
would reauthorize the J-1 visa waiver program for two years. The waiver
program permits foreign-born doctors to remain in the U.S. and receive
a waiver of the foreign country residence requirement if they spend
three years working in geographic areas where a shortage of doctors
exists. As introduced, the bill would have made the waiver program
permanent. However, prior to reporting out the measure, lawmakers
approved an amendment by Rep. John Hostettler (R-IN) that changed the
language making the program permanent to language reauthorizing the
program for two years only.

U.S. Department of State – Priority Dates for Diversity Immigrant (DV) Category

Diversity Immigrant (DV)
Category


U.S. Department of State – Priority Dates
NOTE: This information has been obtained
from the Department of State visa bulletin.

OCTOBER 2006

Section 203(c) of the Immigration
and Nationality Act provides a maximum of up to 55,000 immigrant visas each
fiscal year to permit immigration opportunities for persons from countries
other than the principal sources of current immigration to the United States.
The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in
November 1997 stipulates that beginning with DV-99, and for as long as
necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be
made available for use under the NACARA program. This reduction has resulted
in the DV-2007 annual limit being reduced to 50,000.
DV visas are divided
among six geographic regions. No one country can receive more than seven
percent of the available diversity visas in any one year.

For October, immigrant numbers in
the DV category are available to qualified DV-2007 applicants chargeable to all
regions/eligible countries as follows. When an allocation cut-off number is
shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

5,700
Except: Egypt
3,100

Ethiopia 3,500
Nigeria 2,700

ASIA

1,550

EUROPE

3,450

NORTH AMERICA (BAHAMAS)

4

OCEANIA

150

SOUTH AMERICA, and
the CARIBBEAN

225

Entitlement to immigrant status
in the DV category lasts only through the end of the fiscal (visa) year for
which the applicant is selected in the lottery. The year of entitlement for all
applicants registered for the DV-2007 program ends as of September 30, 2007. DV
visas may not be issued to DV-2007 applicants after that date. Similarly,
spouses and children accompanying or following to join DV-2007 principals are
only entitled to derivative DV status until September 30, 2007. DV visa availability
through the very end of FY-2007 cannot be taken for granted. Numbers could be
exhausted prior to September 30.

ADVANCE NOTIFICATION OF THE
DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN NOVEMBER

For November, immigrant numbers
in the DV category are available to qualified DV-2007 applicants chargeable to
all regions/eligible countries as follows. When an allocation cut-off number is
shown, visas are available only for applicants with DV regional lottery rank
numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those listed Separately

AFRICA

8,500
Except: Egypt
5,600

Ethiopia 5,600
Nigeria 4,300

ASIA

2,600

EUROPE

5,700

NORTH AMERICA (BAHAMAS)

6

OCEANIA

280

SOUTH AMERICA, and
the CARIBBEAN

350

U.S. Department of State – Priority Dates for Employment-Based Preferences, October 2006

Employment-Based Preferences


U.S. Department of State – Priority Dates for October 2006
NOTE: This information has been obtained
from the Department of State visa bulletin.

Employment-Based

All Chargeability Areas Except Those
Listed

CHINA- mainland born

INDIA

MEXICO

PHILLIPINES

1st

C

C

C

C

C

2nd

C

01APR05

15JUN02

C

C

3rd

01MAY02

01MAY02

22APR01

01MAY01

01MAY02

Schedule A Workers

C

C

C

C

C

Other Workers

01JAN01

01JAN01

01JAN01

01JAN01

01JAN01

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th

C

C

C

C

C

Targeted Employ-ment Areas/ <st1laceName w:st=”on”>Regional</st1laceName> <st1laceType w:st=”on”>Centers</st1laceType>

C

C

C

C

C

“C” means current, i.e., numbers
are available for all qualified applicants; and “U” means
unavailable, i.e., no numbers are available. (NOTE: Numbers are available only
for applicants whose priority date is earlier than the cut-off date listed
below.)

1st:  

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

2nd:  

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.

3rd:  

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”.

4th:  

Certain Special Immigrants:
7.1% of the worldwide level.

5th:  

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.