[January 15, 2005]

¼                 that if an applicant needs to reschedule the interview, speak with the supervisor at the unit and he or she will schedule the applicant right away for the next appointment time?

¼            that U.S. Citizenship and Immigration services (USCIS) is now processing Form I-130, Petition for Alien Relative, as a visa number becomes available only? (When a citizen brother files for siblings, it may take many years before a notice of approval arrives because of lack of available numbers.)

¼            that  filing and approval of an I-130 relative petition is only the first step in helping a relative immigrate to the United States?

¼            that eligible family members must wait until there is a visa number available before they can apply for an immigrant visa or adjustment of status to a lawful permanent resident?

¼           that EB-3 visa number retrogression is still expected in January 2005?

¼            that the State Department has indicated that the agency is still anticipating a retrogression in employment-based cut-off dates in January for third preference skilled and professional workers?

¼            that while the new cut-off date is expected to apply worldwide, there is some consideration of limiting it initially to China, India and the Philippines?

¼            that the exact cut-off date had not been determined, but the State Department has observed that most of the cases that the USCIS is now sending them have 2002 priority dates, so the numbers could conceivably retrogress to that period?

¼            that you must keep in mind that if cut-off dates are established, concurrent filing of the employment-based visa petition (I-140 form) and the adjustment application will not be possible?

CONGRESS ADDS 20,000 H-1B VISAS FOR

 U.S POST-GRADUATE DEGREE HOLDERS

¼            that the $388 billion Omnibus Spending Bill, passed by Congress on Saturday, November 20^th, contains mixed relief for U.S. employers?

¼            that 20,000 additional H-1B visa numbers have been added to the annual cap of 65,000 for foreign professionals who hold a Masters degree or higher from a U.S. university?

¼            that the $1,000 per petition Employer Fee that sunset on September 20, 2003 has been permanently revived and increased to $1,500 for petitioners who employ 26 or more workers in the U.S.?

¼            that those petitioners who employ 25 or less workers in the U.S. will pay $750 per H-1B petition?

¼            that on top of this fee, there is a one-time per worker, initial petition “Fraud Fee” of $500?

¼            that the “Employer Fee” is payable for new petitions upon enactment (expected to be soon after December 6, 2004), while the “Fraud Fee” will be imposed only on petitions filed 90 days after enactment?

¼            that only holders of U.S. Master’s Degrees and Ph.D.  can benefit from the additional 20,000 numbers?

¼            that a record 157,000 aliens were removed from the United States during the past fiscal year ending September 30, 2004?

¼           that about half of those deported had criminal convictions?

¼            that much of the increase came from targeting fugitives who failed to report for removal after receiving an order of deportation?

¼            that the vast majority of deportees, 71 percent, were returned to Mexico, with Honduras, Guatemala, El Salvador and Brazil rounding out the top five countries?

¼            that the United States is home to approximately 10 million undocumented people, of which perhaps 4  million are Mexicans?

¼            that at the current removal rate, it would take 50 years to remove all 10 million people?

¼            that a little over 1 million people immigrate legally to the United States annually?

¼            that annual illegal immigration far exceeds the 157,000 removed this past year?

¼            that a November 2, 2004 memorandum advised that USCIS will permit K and V nonimmigrants to apply for HIV waivers with their nonimmigrant visa or change of status applications, regardless of the applicant’s intention to remain in the United States for more than 30 days?

¼            that DHS has issued a proposed rule,   published in the Federal Register November 30, 2004, that will raise fees for appeals and Motions to Reopen or Reconsider from $110 to $385

¼            that the change will apply to fees for appeals and motions relating to the types of cases under the jurisdiction of Administrative Appeals Office?

¼            that in a proposed rule published in November 30, 2004, DHS says it will remove the fixed regulatory time limitations on responses for Requests for Evidence (RFEs) and Notices of Intent to Deny (NOIDs)?

¼            that deadlines will be set on a case-to-case basis?

¼            that the rule is designed to reduce case processing time?

¼            that there are two main situations where individuals who were ordered removed or deported in absentia can reopen their cases:  (1) they did not receive notice of the hearing, and (2)  they did not appear at their hearing because of exceptional circumstances?

¼            that the U.S. Customs & Border Patrol (CBP) recently announced that it will consider granting a one-time “parole” entry into the U.S. to no-risk visitors who overstayed under the Visa Waiver Program on a prior visit?