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Comment
Latest On Retrogression
Our 9/23/05 comment on retrogression suggesting that there were significant numbers available has led to a deluge of letters to the Editor and discussion. We had suggested that there would be a total of 248,000 visas for FY 2006 comprised of 140,000 (regular quota) + 8,000 (overflow from family) + 101,000 (AC 21 recaptures). Immigration Daily has now learned from USCIS Nebraska Service Center Deputy Director Christian who inquired of Charlie Oppenheim at the Department of State as follows:
"I believed the information in [the comment] to be incorrect and inquired of Charlie Oppenheim at Department of State. His response was as follows: "AC21 had recaptured the FY-1999/FY-2000 unused Employment numbers which totaled approximately 131,000. Approximately 101,000 of those numbers remained available for use in FY-2005, and there will be about 8,000 remaining for use in FY-2006. My estimate for the FY-2006 Employment limit will be 156,000 (140,000 + 8,000 (FY-2005 Family) + 8,000 (AC21)."
Thus, the total number of FY 2006 EB visas is 156,000, not 248,000. The information we supplied earlier was the best estimate available at the time. With the revised numbers from the DOS above for which we thank Mr. Christian and Mr. Oppenheim, the EB situation appears to be bleaker than even we had feared. As indicated earlier, it is possible that there may be some disputes about the count which may or may not be litigated.
As this fluid situation develops, we will be happy to address queries which clearly originate from immigration professionals. Immigrants and employers should contact their immigration attorney for the latest information.
We welcome readers to share their opinion and ideas with us by writing to editor@ilw.com.
Focus
Detailed Curriculum For "USCIS Service Centers: Current Benefits Issues",
Deadline Is Wednesday, September 28th!
We are pleased to announce "USCIS Service Centers: Current Benefits Issues"
a 3-part telephone seminar on the current state of affairs in USCIS
benefits processing. The detailed curriculum is as follows:
FIRST Phone Session on Sep 29:
- Current issues at Texas Service Center
- Filing Applications
- How many copies?; Order of documents in applications
- Requesting Special Handling: (Requesting Visa Cross-Chargability,
Requesting Expedited Processing, Flagging applications to recapture
priority dates)
- Filing Deadline Cases At TSC
- Inquiring About The Status Of Pending Cases
- Petition Return from Consulates (How to inquire? How long
do they take? NOID letters issued without citing the consulate’s specific
findings)
- I-485 Questions:
- Why 2 approval notices?
- What to do if no card arrives?
- Wait time for Biometrics appointment after filing?
- Reopening based on Service Error
- Lawyers receiving approval notices dated after the
retrogression
- Appeals to TSC
- Processing of Derivative Family Members
- Current issues at Nebraska Service Center
- Multi-Year EADs
- Asylum Issues
- F-1/OPT
- EOS/COS & 212(a)(9) Overstays
- I-130 Reinstatement Issues
SECOND Phone Session on Oct 20:
- Current issues at California Service Center
- "Interview-waivable" family-based adjustment cases
- The effect of PERM on CSC processing of I-140 and I-485 cases
- H-1B Issues with CSC
- CSC’s mass-RFE project for I-130s
- VisaScreen Certificates and AOS
- Extensions of NIVs
- Late TPS Registration
- I-751s
- I-212 Waivers
- Current issues at Vermont Service Center
- EAD & Advance Parole Processing
- VSC Issuance of NTA’s
THIRD Phone Session on Nov 3:
- Current issues at National Benefits Center
- Items to be provided
- Current issues at Administrative Appeals Office
- Items to be provided
- Current issues at Office of CIS Ombudsman
- Items to be provided
The deadline to sign up is Wednesday, September 28th. For more info,
including
speaker bios,
detailed curriculum, and registration information, please
see: http://www.ilw.com/seminars/september2005.shtm. (Fax version: http://www.ilw.com/seminars/september2005.pdf.)
Article
BIA Finds Service Of OSC On Two-Year-Old Defective For Failure To Serve The Child’s Mother
Andrew Knapp, Esq. writes "Estefany's arguments ultimately prevailed when the Board of Immigration Appeals, on August 22, 2005, ordered her deportation proceedings reopened."
News
USCIS Publishes Notice Of Fee Increase
USCIS published notice in the Federal Register of an increase in all application fees, ranging from $5 -$15, due to inflation. For the Federal Register item, see here. For the USCIS press release, see here. For a list of fee increases effective October 26, 2005, see here.
USCIS Publishes Latest Cap Count
USCIS published the latest H-cap count.
Classifieds
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Help Wanted: Immigration Attorney
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Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. seeks immigration paralegals for its Washington, DC (1) and its Nashville, Tennessee (1) offices. Both positions require a BA and 1-2 years of business immigration experience, including preparation of nonimmigrant petitions, labor certifications and immigrant petitions. Must have strong writing skills. Foreign language a plus, but not required. Qualified applicants should send cover letter, resume + writing sample to Betsy Taylor, Office Administrator by fax (202) 220-2235 or email to btaylor@bakerdonelson.com. Please specify desired employment location. No phones calls please. EOE/M/F/H/D/V.
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comingsNgoings
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Submit Your Announcement
If you have a professional announcement such as: New Position, Honors And Awards, Mergers & Acquisitions, New Office Address, New Appointment, New Associate, New Attorney, New Partner, that you wish to share with the Immigration Daily community, send your professional announcement to: editor@ilw.com. comingsNgoings announcements is a free service.
Letters
Readers are welcome to share their comments, email: editor@ilw.com (300-words or fewer preferred). Many letters to the Editor refer to past correspondence, available in our archives.
Dear Editor:
In Re: Immigration Reform Ahoy (09/26/05 ID comment), Wow. So Mr. Karl Rove actually leaked this closed-door inside scoop to the editors at ILW.COM? I'm very impressed, although he has been known to name drop before.
Michael Walker
Editor's Note: Mr. Lamar Smith's memo to Mr. Rove was reported by a variety of sources, including the link that we supplied in that comment.
Dear Editor:
If any government employee or political scientist thinks that people who are "guest workers" will return to their homeland after six long years of establishing roots in the USA, they are sorely not thinking clearly (09/26/05 ID comment). Would you return to some Third World nation after having a beautiful life in the USA for six years?
Steve Merrill
Dear Editor:
I hope that Immigration Daily is not giving false hope to those in search of an immigrant visa number (09/23/05 ID and response to letters to the Editor 09/26/05 ID) with regards to the 101,000 numbers which Immigration Daily thinks will be recaptured from 1999-2004 pursuant to AC 21. I also subscribe to fellow immigration attorney Carl Shusterman's monthly Newsletter and according to Carl's July Newsletter he wrote "we do know that all of the green cards "recaptured" by AC-21 have already been used up" and in his September Newsletter he states "All of the visa numbers recaptured by AC-21 have been used". Is he wrong on this, or is Immigration Daily? Thanks for getting to the bottom of this story.
Susanna I. Bogue, Esq.
San Francisco, CA
Editor's Note: There is some confusion about the exact count as to visa numbers recaptured. We based our report on the count of an expert in this area. The few people knowledgable as to exact numbers will not speak for publication at this time because there is a good chance that some of the numbers may be subject to litigation in the near future.
Dear Editor:
I read the article "The Day Of The Bandaid Is Over: Visa Retrogression And Our Moment Of Truth" written by Gary Endelman (09/21/05 ID article). My family and I are affected by the retrogression and I not only agree with the article, I also loved his writing style.
Jai Reddy
Dear Editor:
I am curious if the new TOEFL-IBT will be accepted for visa screening purposes by the Secretary of Health and Human Services, and then by BCIS, and ultimately by CGFNS (Commission on Graduates of Foreign Nursing Schools). If so, it would be helpful to thousands to know what the "passing", or acceptable minimum scores would be.
James A. Rarick
Dear Editor:
It is learnt that an action is being taken to add 108,000 numbers to 140,000 employment-based immigration numbers in FY 2006 bringing the total to 248,000 (09/23/05 ID comment). One can see obviously in the Visa Bulletin of Oct. 2005 that there is no retrogression impact on any persons other than the persons from China and India, because all numbers seem to be
currently available to all the persons except the persons from these two
countries who are waiting for EB-1 and EB-2 visa numbers. There are lots of
people in the family-based preference who have been waiting for the
availability of visa number for a period of more than a decade, whereas
the persons from these two countries under employment-based do not
seem to have waited for so long. Therefore, it will be highly fair and
just if these 108,000 numbers are added to the family-based
number. Having been separated from their parents for such a long time,
the children under the family-based preference have been suffering so
much. Considering the sufferings being borne by people of the
family-based preference it will be the wisest decision if the US
government decides to add 108,000 numbers to the family-based number instead of employment-based.
S. Salike
Dear Editor:
Thanks for your comments for the retrogression (09/23/05 ID comment). You said "This may portend some dramatic improvement
in the Visa Bulletin in the balance of FY 2006 but it may not be enough." So when DOS released the disastrous October
Visa bulletin, does Immigraton Daily think that they didn't know EB visa number was actually 248,000 instead of 140,000?
June
Editor's Note: You may wish to consult with your immigration counsel.
Dear Editor:
I read Immigration Daily's "Retrogression, The Real Numbers" (09/23/05 ID comment). The article says "Another one-time 101,000 numbers will be recaptured from FY 1999-2004 and will also be added to FY 2006, bringing the total to 248,000." I closely follow immigration news. I could not find this info anywhere else. As far as I know to recapture visa need the permission of Congress or law. Couple months ago 50,000 Visas were recaptured and given to schedule A but not anything is given to the other retrogressed categery. Could you please tell me what is the source of this info? Am I missing anything? If this news is true I would be really glad since I'm suffering because of retrogression.
Suresh Babu
Editor's Note: You may wish to consult with your immigration counsel.
An Important disclaimer! The information provided on this page is not legal advice. Transmission of this information is not intended to create, and receipt by you does not constitute, an attorney-client relationship. Readers must not act upon any information without first seeking advice from a qualified attorney. Copyright 1999-2005 American Immigration LLC, ILW.COM. Send correspondence and articles to editor@ilw.com. Letters and articles may be edited and may be published and otherwise used in any medium. The views expressed in letters and articles do not necessarily represent the views of ILW.COM.
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