Accused Ethiopian torturer loses appeal
The Atlanta Journal-Constitution
Kelbessa
Negewo, the former Atlanta bellhop accused of torturing political
opponents during the brutal period in Ethiopia’s history known as the
Red Terror campaign, has lost an appeal to stay in the United States.
Negewo’s case was significant because his was the first removal
order obtained by ICE under the Intelligence Reform Act of 2004.
Michael Keegan, a spokesman for U.S. Immigration and Customs
Enforcement (ICE) in Washington, said Negewo, who is currently being
detained by immigration authorities in Atlanta, can still appeal.
Negewo fled his homeland in 1987 and came to the United States under a
student visa.
A few years later, he was identified by one of his accusers,
Edgegayehu Taye, who worked at the same hotel. Taye notified two other
Ethiopian women who identified Negewo as the man who had tortured them
during the bloody regime of Mengistu Haile Mariam.
“We are pleased that this process has come to a definitive
conclusion that will result in an added measure of justice with Mr.
Negewo being removed from this country where he should never have been
allowed to enter and receive asylum,” said Michael Tyler, a partner
with the firm of Kilpatrick Stockton, which represented the women. “And
it’s altogether fitting and proper that he be returned to Ethiopia
where he has been convicted for his acts of murder and torture and
sentenced to life imprisonment.”
Tyler said he had spoken to his clients who are “pleased with this result.”
Negewo had vigorously fought deportation claiming that if he were
returned to Ethiopia, he would likely be tortured. He denied any
wrongdoing.
In its ruling earlier this month, the Department of Justice’s Board
of Immigration Appeals, upheld a federal judge’s determination that
Negewo committed acts of persecution, torture and extrajudicial
killings against political opponents in his homeland. It also said
Negewo could expect to receive “at least some aspect of due process in
the Ethiopian court system.”
In 2002, Ethiopia convicted him of crimes in absentia.
Negewo’s case also garnered much attention because of the way in
which he was identified, which had the makings of a Hollywood script.
Taye, one of Negewo’s accusers, worked at the same hotel as a waitress.
According to previous AJC articles, about 15 years ago, a shocked Taye
recognized Negewo as she stepped off an elevator.
In a 2005 interview with The Atlanta Journal-Constitution, Taye,
recalled that period in Ethiopia. “There were a lot of things going
on,” she said. “People were arrested, tortured and people
disappeared… . You lived in fear and in terror always.”
Neither Taye nor the other women could be reached for comment.
Taye said she was arrested and taken to a place where she was forced
to strip to her underwear. There, she was hogtied, a wooden pole placed
between her hands and feet, suspended between two pieces of furniture
and beaten.
She didn’t see Negewo again until she moved to Atlanta. Taye said
she was horrified to see him on the job. “It was very hard for me to
see him,” she said. “I thought I was dreaming. “
Taye said she went home and cried uncontrollably. “He was the primary reason for me to flee my country.”
In 1990, according to a previous AJC article, the women sued Negewo.
Several years later a federal judge ordered him to pay $1.5 million in
civil damages.
But that wasn’t the end. In 1995, the former Immigration and
Naturalization Service granted Negewo citizenship. “That obviously
should not have happened,” Kenneth Smith, an ICE official, was quoted
as saying in that same article. In 2001, the government sued to revoke
his citizenship, which he later voluntarily relinquished.
Then last year, authorities arrested Negewo at his Union City home.
Gonzales Changing Immigration Courts
The Associated Press
Wednesday, August 9, 2006; 10:24 PM
WASHINGTON
— Immigration court judges will undergo periodic evaluations and
additional immigration appeals judges will be hired, Attorney General
Alberto Gonzales announced Wednesday.
Gonzales opened a review of
the immigration courts, which operate as part of the Justice
Department, in January after chastising some of them for “intemperate
or even abusive” conduct toward asylum seekers.
“This review has left me reassured of the talent and professionalism
that exists in the immigration courts and at the Board of Immigration
Appeals,” Gonzales said in a statement. But he found room for
improvement.
The more than 200 immigration judges handle hundreds
of thousands of cases each year. Some of the judges have criticized the
quality of their colleagues’ work and the disparaging way some judges
have treated foreigners seeking to remain in this country.
Gonzales’
predecessor, John Ashcroft, overhauled immigration reviews in 2002, but
his changes have been highly criticized. Ashcroft’s overhaul led to
more asylum and other cases being decided by a single judge rather than
a three-judge panel of the Bureau of Immigration Appeals. The reforms
were followed by a marked increase in the number of cases later taken
to regular federal appeals courts.
Gonzales declined to return to
the three-judge format, but made other tweaks to Ashcroft’s reforms,
such as allowing for the return of a case to the immigration appeals
panel if it warrants reconsideration.
New U.S. Policy Aims To Support Cuban Families’ Reunification
United States continues to discourage massive influx of Cuban refugees
Washington — The Bureau of U.S. Citizenship and Immigration
Services (USCIS) has announced changes to its existing policy that will
support the reunification of families separated by the regime of Cuban
dictator Fidel Castro by reducing the backlog for those waiting for
family-based immigrant visas, according to the U.S. Department of
Homeland Security (DHS).
USCIS, which is a division of the
DHS, issued a statement August 11 on the new policy and reaffirmed its
ongoing commitment to assist Cuban migrants and refugees who succeed in
reaching U.S. shores. At the same time, however, the Bush
administration is urging the Cuban people to remain on their native
soil “so that they may work for their freedom and a democratic
society,” said DHS Deputy Secretary Michael Jackson.
Immigration
processing in Cuba is regulated by the 1994 Joint Communique that
allows the United States to process a minimum of 20,000 migrants for
travel to the United States each year. Historically, three classes —
family-based immigrant visas, refugees and the Special Cuban Migration
Program, referred to as the Cuban Lottery — have made up that goal,
but there has been a significant backlog of individuals that have
applied for family-based immigrant visas. The Homeland Security plan
aims to reduce this backlog by recognizing a fourth class of migrants
— Discretionary Family Reunification (Backlog) Parolees.
In
support of its goal to reunify families split apart by the Castro
regime, USCIS said it “will exercise its discretion to increase the
numbers of Cuban migrants and refugees admitted to the United States
each year who have family members in the United States.”
Approximately
21,000 Cuban migrants are admitted into the United States annually.
Even though that total number will not change, a significantly larger
portion of the total will be Cubans with family members in the United
States, according to the agency.
Since the recent transfer
of power from an ailing Castro to his brother Raul, U.S. officials have
been anticipating a potential influx of migrants from Cuba. Although
“we discourage anyone from risking their life in the open seas in order
to travel to the United States, … if a Cuban chooses to reunite with
their [U.S.-based] family, … we support a safe, legal and orderly
migration,” said Jackson.
To help ensure that any migration
from Cuba meets the “safe, legal and orderly” requirement, Homeland
Security has pledged to work closely with Congress to develop
legislation that will increase both criminal and civil penalties for
maritime alien smugglers. Modeled on current maritime drug-smuggling
laws, the proposed legislation will enhance prosecution of those who
repeatedly endanger innocent lives.
The agency noted that some
of Cuba’s medical professionals also might qualify for immigrant
status. “Using existing parole authority, the United States will allow
Cuban medical personnel currently conscripted to study or work in a
third country under the direction of the Cuban government to enter the
United States,” said USCIS. This policy will also apply to the
families of these professionals, who often must remain in Cuba.
The full text
of a press release on the USCIS measures relating to Cuban migrants and
refugees is available on the Department of Homeland Security Web site.
(The Washington File is a product of the Bureau of International
Information Programs, U.S. Department of State. Web site:
http://usinfo.state.gov)
VISA BULLETIN FOR SEPTEMBER 2006
Visa Bulletin
Number 97
Volume VIII
Washington, D.C.
VISA BULLETIN FOR SEPTEMBER 2006
A. STATUTORY NUMBERS
1.
This bulletin summarizes the availability of immigrant numbers during
September. 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 August 10th 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.
The fiscal year 2006 limit for Family-sponsored preference immigrants
determined in accordance with Section 201 of the Immigration and
Nationality Act (INA) is 226,000. The fiscal year 2006 limit for
Employment-based preference immigrants calculated under INA 201 is
143,949. 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., 25,896 for FY-2006. The
dependent area limit is set at 2%, or 7,399.
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 | MEXI-CO | PHILIPP-INES |
| 1st | 01JAN98 | 01JAN98 | 01JAN98 | 15JUL92 | 22OCT91 |
| 2A | 22SEP99 | 22SEP99 | 22SEP99 | 22SEP99 | 22SEP99 |
| 2B | 01DEC96 | 01DEC96 | 01DEC96 | 01DEC91 | 01JAN94 |
| 3rd | 01OCT98 | 01OCT98 | 01OCT98 | 15JUN88 | 01DEC85 |
| 4th | 01AUG95 | 01OCT94 | 01JUL95 | 01JAN93 | 15FEB84 |
*NOTE: For September, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates
earlier than 22SEP99. 2A numbers SUBJECT to per-country limit are “Unavailable”.
|
All |
CHINA- mainland born |
INDIA | MEXICO | PHILIP-PINES | |
| Employ-ment -Based |
|||||
| 1st | C | C | C | C | C |
| 2nd | C | 01MAR05 | U | C | C |
| 3rd | 01MAR02 | 01MAR02 | 15APR01 | 22APR01 | 01MAR02 |
| Schedule A Workers |
C | C | C | C | C |
| Other Workers |
U | U | U | U | U |
| 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-2006 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
September, immigrant numbers in the DV category are available to
qualified DV-2006 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 | Current |
Except: |
| ASIA | Current | |
| EUROPE | Current | |
| NORTH AMERICA (BAHAMAS) | Current | |
| OCEANIA | Current | |
| SOUTH AMERICA, and the CARIBBEAN | Current |
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-2006 program ends as of September 30, 2006. DV visas may
not be issued to DV-2006 applicants after that date. Similarly,
spouses and children accompanying or following to join DV-2006
principals are only entitled to derivative DV status until September
30, 2006. DV visa availability through the very end of FY-2006 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 OCTOBER
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: |
| ASIA | 1,550 | |
| EUROPE | 3,450 | |
| NORTH AMERICA (BAHAMAS) | 4 | |
| OCEANIA | 150 | |
| SOUTH AMERICA, and the CARIBBEAN | 225 |
D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY IN THE COMING MONTHS
The
Employment Third preference cut-off date for most countries has been
advanced very rapidly in recent months in an effort to maximize number
use under the annual numerical limit. As a result, applicant demand
for numbers, particularly for adjustment of status cases at Citizenship
and Immigration Service (CIS) Offices, is expected to increase
significantly. Therefore, it cannot be assumed that such advances will
continue during the coming months. It should be noted that the
Department of Labor expects to complete its backlog reduction effort
during FY-2007. This effort will result in tens of thousands of cases,
including many with very early priority dates, becoming eligible for
processing at CIS Offices. This could require the retrogression of the
Employment Third preference cut-off dates at any time during FY-2007.
E. 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:
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: August 10, 2006.
Edison protester remains in jail
Via Home News Tribute
08/08/2006
EDISON — Rajnikant Parikh, the man whose encounter with township police
on July 4 sparked a protest and counter-protest rallies last week, is
being held at the Middlesex County Adult Correction Center in North
Brunswick, pending deportation, which one government official called
“imminent.”
OAS_AD(‘Right3
He has been held in the facility since Wednesday, when he was arrested at the rally, immigration officials said yesterday.
Parikh spoke with his American-born wife, Julie Patel, for about five minutes on the telephone on Sunday.
Authorities said Parikh violated immigration law by using multiple identities — an allegation his attorney denies.
Paula
Grenier, public affairs officer for the U.S. Immigration and Customs
Enforcement office in Boston, which has jurisdiction in New Jersey,
said: “Parikh was on an outstanding deportation order passed in 2005,
and on that he was arrested. It doesn’t matter whether he is married to
an American-born citizen. He is charged with violation of immigration
law.”
However, his lawyer, Jonathan Saint-Preux of Irvington,
said Parikh is a victim of a misunderstanding, and he plans to file
motions to re-open Parikh’s case.
The rally Wednesday was called
to protest a July 4 incident in which Parikh alleged that he was struck
by Edison police officer Michael Dotro during an unauthorized fireworks
display in the township. Parikh was charged with assault on a police
officer at the fireworks display.
The counter-protest last week was staged by people supporting the police.
Saint-Preux
denied the multiple-identity allegation, though he did indicate
yesterday that authorities contend Prikh’s fingerprints match prints
taken in 1995 under a different name.
“He does not have multiple identities,” said the attorney.
According
to Saint-Preux, Parikh at one time was ordered to leave the country,
and did so. But, according to Saint-Preux, Parikh was allowed to return
to the United States legally.
While Saint-Preux believes Parikh
will be cleared of charges, the government thinks otherwise. “His
deportation is imminent” said an officer at the Newark district office
of the the ICE, a branch of the Department of Homeland Security.
According
to an ICE spokesman, people arrested by the department are placed in
custody where there is space available. Normally detainees are housed
in Elizabeth, but because of space needs Parikh is being housed in
Middlesex County.
Saint-Preux said yesterday he expected it would take at least two weeks for his client’s case to be heard.
Parikh’s wife, Julie Patel, said yesterday she talked to her husband “for less than five minutes in the early evening.”
Patel directed questions about her husband’s legal battles to Saint-Preux.
Meanwhile,
officials in Edison continued to study whether anyone in the township
was informed of the pending arrest of Parikh by ICE agents at the Aug.
2 rally. ICE spokesmen said they worked closely with Edison police to
make the arrest, but Edison officials last week said they were unaware
of ICE’s plan to arrest Parikh at the rally.
U.S. Visas – Lebanese Citizens
Via The US Department of State
U.S. Visas – Lebanese Citizens
- Embassy Beirut is temporarily closed, for all visa applications, interviews and processing.
- U.S. Embassy Athens will begin visa processing for Lebanese citizens as follows:
- Beginning August 1,
Lebanese citizens applying for F, H, J, L, M O, or P nonimmigrant visas
can schedule interview appointments through the Embassy Athens website
or, if they are in Greece, through the user-pays call center at
90-11-230-730. - Beginning August 1, Lebanese citizens who have an immigrant petition approved for them, and are awaiting interview should address their inquiries
to U.S. Embassy Athens, via e-mail at Athens-IV-Lebanon@state.gov. - If you have already applied for your immigrant visa at Embassy Beirut, you should inquire through the e-mail at Athens-IV-Lebanon@state.gov about whether your case can be transferred to Athens for processing.
(July 31, 2006)
USCIS Reminds Eligible Salvadorans to Re-register for Extension of TPS
August 3, 2006
USCIS Reminds Eligible Salvadorans to Re-register for Temporary Protected Status (TPS) by September 1, 2006
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today
reminded eligible Salvadorans to re-register for the 12-month extension
of Temporary Protected Status (TPS) by September 1, 2006. Under this
extension, those who have already been granted TPS are eligible to
remain and work in the United States for an additional 12 months until
September 9, 2007. Current employment authorization documents (EADs)
have also been automatically extended until March 9, 2007. There are
approximately 225,000 nationals of El Salvador (or aliens having no
nationality who last habitually resided in El Salvador) who are
eligible for re-registration. To date, USCIS has received approximately
56,000 TPS re-registration applications from Salvadoran registrants.
More information can be obtained from the USCIS National Customer
Service Center toll-free number: 1-800-375-5283. TPS forms are
available from the toll-free USCIS Forms line, 1-800-870-3676, or from
the USCIS Web site: www.uscis.gov.
-USCIS-
Minor glitches mark new immigration law
08/01/2006
The first day of Colorado’s get-tough stand on
illegal immigration opened with a whimper today with a few technical
glitches and paperwork problems reported statewide.
By noon, an expected line-up of homeless and indigent people
seeking coveted identification waivers never materialized at state
offices in downtown Denver.
Across town, though, city social service caseworkers scurried
to find the right documents for people to affirm they are in the United
States legally. State officials had not provided counties with the
proper paperwork in time.
I-140 Premium Processing Update
VIA AILA
07/28/2006
AILA-SCOPS Liaison has confirmed with USCIS that the plan to expand premium processing to certain I-140 petitions may be announced soon, targeted to be effective by the end of August. The exact date had not been set. Pursuant to the notice published at 71 FR 29571-74 (5/23/06), USCIS will inform the public of the change by posting the information on its website www.uscis.gov.
USCIS REACHES H-1B EXEMPTION CAP FOR FISCAL YEAR 2007
VIA USCIS PRESS RELEASE 07/28/2006
20,000 Slots Reserved for Aliens with Master’s Degrees or Higher Exhausted
Washington, D.C.– U.S. Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions requesting “foreign workers who have earned a master’s degree or higher from a U.S. institution of higher education” to meet the exemption limit of 20,000 established by Congress for fiscal year (FY) 2007. Consequently, USCIS has determined that the “final receipt date” for these exempt H-1B petitions is July 26, 2006. Petitions received on July 26, 2006 are subject to the random selection process described below. USCIS will reject petitions requesting a foreign worker with a master’s or higher degree earned from a U.S. institution of higher education that are received after the “final receipt date” unless the petition is otherwise eligible for a separate cap exemption.
USCIS has implemented the following procedure for H-1B filings for FY 2007 in accordance with the procedures announced in 70 FR 23775 (Allocation of Additional H-1B Visas Created by the H-1B Visa Reform Act of 2004):
- • If USCIS determines that the numerical limits have been exceeded, USCIS will identify those H-1B petitions seeking an FY 2007 number that were received on that date.
- • USCIS will then conduct a computer-generated random selection of the petitions received on that date to allocate any remaining FY 2007 H-1B numbers.
- • After random selection, any remaining H-1B petitions that do not receive an FY 2007 number and are not otherwise exempt will be rejected and returned.
- • Returned petitions will be accompanied by the filing fee.
- • Petitioners may re-submit their petitions when H-1B visas become available for FY 2008.
- • The earliest date a petitioner may file a petition requesting FY 2008 H-1B employment with an employment start date of October 1, 2007, would be April 1, 2007.
Petitions for current H-1B workers do not count towards the congressionally mandated H-1B cap. Accordingly, USCIS will continue to process petitions filed to:
- • Extend the amount of time a current H-1B worker may remain in the United States.
- • Change the terms of employment for current H-1B workers.
- • Allow current H-1B workers to change employers.
- • Allow current H-1B workers to work concurrently in a second H-1B position.
USCIS also notes that petitions for new H-1B employment are exempt from the annual cap if the alien will be employed at an institution of higher education or a related or affiliated nonprofit entity, or at a nonprofit research organization or a governmental research organization.
The H-1B visa program is utilized by some U.S. businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in a specialized field, such as scientists, engineers, or computer programmers. As part of the H-1B program, the Department of Homeland Security (DHS) requires U.S. employers to meet specific labor conditions to ensure that American workers are not adversely impacted, while the Department of Labor’s Wage and Hour Division safeguards the treatment and compensation of H-1B workers.
USCIS received enough H-1B petitions to meet the general population H-1B cap of 65,000 for fiscal year 2007 on May 26, 2006. This information was communicated to the public via Press Release issued by USCIS on June 1, 2006. More information about the H-1B program and about USCIS is available at http://www.uscis.gov.
– USCIS –
On March 1, 2003, U.S Citizenship and Immigration Services became one of three legacy INS components to join the U.S. Department of Homeland Security. USCIS is charged with fundamentally transforming and improving the delivery of immigration and citizenship services,
while enhancing our nation’s security.
H-1B Cap Count as of 07/27/2006
H-1B Advanced Degree Exemption
The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed the H-1B filing procedures for FY 2005 and for future fiscal years. The Act also makes available 20,000 new H-1B visas for foreign workers with a Master’s or higher level degree from a U.S. academic institution.
| Cap | Beneficiaries Approved | Beneficiaries Pending | Beneficiary Target 1 | Total | Date of Last Count |
H-1B | 58,200 2 | —— | —— | —— | Cap Reached | 5/26/2006 |
H-1B Advanced Degree Exemption | 20,000 | 7,258 | 12,132 | 21,000 | 19,390 | 7/26/20063 |
H-1B (FY 06) | 58,200 | —— | —— | —— | Cap Reached | 8/10/2005 |
H-1B Advanced Degree Exemption (FY 06) | 20,000 | —— | —— | —— | Cap Reached | 1/17/2006 |
1 Refers to the estimated number on April 1, 2006, of beneficiary applications needed to reach the cap, with an allowance for denials and revocations. This target is subject to revision later in the cap cycle as more petitions are processed.
2 6,800 visas are set aside during the fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool can be made available for H-1B use with start dates beginning on October 1, 2006, the start of FY 2007. USCIS has added the projected number of unused H-1B1 Chile/Singapore visas to the FY 2007 H-1B cap as announced in the H-1B Press Release, dated June 1, 2006.
3 The numbers on the table for H-1B Advanced Degree Exemption include only receipted petitions. As of July 26, 2006, an estimated 655 I-129 H-1B petitions seeking the Advanced Degree exemption had yet to be receipted or entered into the C3 database. These petitions were received primarily on July 25 and 26, 2006.
100,000 will have to prove status
Via RockyMountainNews.com
State’s clients must show legal residency
A new immigration law that takes effect Tuesday will require more than 100,000 people served by the Colorado Department of Human Services to prove that they are in the country legally.
Foster care parents, child care providers, welfare and low-income energy-assistance recipients, and a wide range of mentally and developmentally disabled and elderly clients will need to comply with stricter ID requirements created by House Bill 1023.
State lawmakers, during a special legislative session that ended July 10, passed the landmark law – designed to prevent illegal immigrants from receiving taxpayer-funded benefits – that is expected to be signed soon by Gov. Bill Owens.
Starting Tuesday, people applying for most DHS benefits, as well as current recipients filing the required annual recertification, will need to sign an affidavit attesting to their legal immigration status.
They will also need to provide a Colorado driver’s license or state-issued ID (or a U.S. Merchant Mariner card or a Native American tribal document).
The new law won’t apply to people receiving federal food stamps because federal law supersedes state law, and federal law allows recipients to use a wider variety of IDs to qualify.
The new law exempts people receiving emergency services and children under 18.
The agency is awaiting guidance on whether programs for the elderly under the Older Americans Act, such as home-delivered meals and in-home services, will be affected by HB 1023, said DHS spokeswoman Liz McDonough.
“It’s a difficult law to implement because, No. 1, it’s not been done by any other state . . . and the time frame has been a challenge,” she said.
The Colorado State Board of Human Services issued rules about the implementation of HB 1023 during an emergency meeting Thursday afternoon, McDonough said.
The board issued a 22-page set of rules that will be given to county agencies and advocacy groups. The board was unable to identify the cost of complying with the new law or any potential savings that could come from denying services to illegal immigrants.
Most DHS services are administered by county agencies. Government workers already check immigration status through Social Security numbers for many programs. Citizenship or a certain level of legal immigration status already is required to qualify for most DHS services.
“What this represents is a higher standard of identification and verification,” McDonough said.
About 500,000 people receive benefits through DHS.
The low-income energy program known as LEAP serves nearly 100,000 households. LEAP clients won’t begin applying for benefits until November.
Some DHS clients, including the severely disabled, mentally ill and elderly, will have great trouble obtaining the new forms of ID. The state Department of Revenue is expected to issue a temporary waiver process to address this problem, allowing certain groups more time to obtain the required ID without halting services.
The attorney general’s office also is expected to give state agencies guidelines about the new law in coming days.
“There are still issues that are being clarified – as that clarification comes, we will re-evaluate,” McDonough said.
The U.S. Immigration Law Blog by Ashwin Sharma 
Hired hands: Wait for green card tries visa holders
Via The Sacremento Bee
08/08/2006
Obtaining permanent residence frustrates foreign professionals.
Raghu Ballal, a
civil engineer
for the Shaw
Group, plans to
get his MBA in
the United
Kingdom after
being frustrated
at the
wait for a green
card in the U.S.
He will apply
for fast-track
residency
through the
U.K.’s Highly
Skilled Migrant
Program.
Sacramento Bee/Autumn Cruz
The Indian-born engineer regrets leaving a well-paying job with the
subsidiary of a Fortune 500 company — and giving up opportunities to
pursue a master’s degree in business administration at the University
of California at Berkeley or Los Angeles.
The long wait Ballal and his wife face for legal permanent residency —
for green cards — has pushed them to pursue the American dream in
another country.
Continue reading