There has been great movement in the visa numbers for EB-2 for nationals of Indian origin. The cutoff date has jumped forward and changed from February 2005 to October 2005, and hence all dates up until October 1, 2005 are now current. The U.S. Department of State Visa Bulletin expects a future continued movement to either March or April 2006 by September 2010.

GOOD NEWS! H-1B PETITIONS STILL BEING ACCEPTED

June 11, 2010 H-1B Cap Count shows that 22,200 petitions have been accepted by the USCIS. The Masters quota numbers show that 9,400 H-1B petitions for aliens with advanced degrees have been accepted.

This shows that both quotas should continue to be open for the next few months, with predictions that they will close in the fall. This allows foreign nationals time to acquire relevant documents and job offers from potential employers.

INTERFILING OF PRIORITY DATE RELEVANT FOR FOREIGN NATIONALS WHOSE PRIORITY DATE IS APPROACHING

When a beneficiary has multiple approved I-140s with priority dates that render a visa available, the USCIS has provided a direct contact at the Service Center for attorneys to notify the Service Center to facilitate the process.

AC21 PORTABILITY TO NEW EMPLOYER

Individuals have the ability to continue his/her employment based green card process if they change employers. AC21 permits a new employer to support the prior green card application with a new offer of employment in line with the same/similar position and salary as the prior green card application. We have been extensively filing applications for beneficiaries with new employers who support their green card applications.

USCIS REVISES EMPLOYMENT AUTHORIZATION DOCUMENT

On May 25, 2010 USCIS announced that it has revised the I-766 Form, the Employment Authorization Document (EAD), to include a machine-readable area on the back of the card in order to limit the cases of immigration fraud. This newly redesigned card is in collaboration with International Civil Aviation Organization standards.

NEW RESEARCH ARTICLE RELEASED ON THE IMPORTANCE OF THE H-1B VIA PROGRAM

The National Foundation for American Policy (NFAP) has published an article on the future of the H-1B visa program, asking for greater accessibility of H-1B visas in order to guarantee that the United States remains a viable competitor in the global market. H-1B visas allow for foreign-born workers to enter the U.S. and work as a nonimmigrant for three years. This allows U.S. companies to hire from a broader international pool of skilled workers.

NFAP commented that employers continually need skilled workers, meaning they expect that the H-1B annual cap will most likely be met before the end of the fiscal year.

The full article can be found online at http://www.nfap.com/pdf/1003h1b.pdf.

USCIS ISSUES REDESIGNED GREEN CARDS

USCIS has redesigned the Green Card to include new features that will enhance previous security components. These new elements include laser engraved fingerprints and a tamper resistant border, among other features.

The new Green Card, also known as the Permanent Resident Card, was developed between the Department of Homeland Security, Immigration and Customs Enforcement and U.S. Customs and Border Protection. The color of the card has also been changed to green, which now accurately matches with the nickname of the card.

For additional questions related to these issues, please contact the Emandi Law Firm or refer to the recently updated website.

Thank you,
Rani Emandi Esquire