July 2011

Posted on: July 31st, 2011
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Siskind’s Immigration Bulletin – July 25, 2011

Published by Greg Siskind, partner at the Immigration Law Offices of Siskind Susser, P.C., Attorneys at Law; telephone: 800-748-3819, 901-682-6455; facsimile: 800- 684-1267 or 901-339-9604, e-mail: gsiskind@visalaw.com, WWW home page: http://www.visalaw.com.

Siskind Susser serves immigration clients throughout the world from its offices in the US and its affiliate offices across the world. To schedule a telephone or in-person consultation with the firm, go to http://www.visalaw.com/intake.html

Editor: Greg Siskind. Associate Editor: Juan Portillo. Contributors: Juan Portillo.

To receive a free e-mail subscription to Siskind’s Immigration Bulletin, fill out the form at http://www.visalaw.com/subscribe2.html . To unsubscribe, send your request to visalaw-unsubscribe@topica.com

To subscribe to the free Siskind’s Immigration Professional Newsletter, go to

http://www.visalaw.com/sip-intro.html

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1. Openers

Dear Readers:

We’re in the dog days of summer where many of us are trying to avoid the heat and lots of people are on vacation. But immigration remains a busy subject, as always.

Congress, in particular, has been quite busy. Predictably, they’ve been pushing enforcement bills. The HALT Act (Hinder the Administration’s Legalization Temptation Act) has been introduced in the House and is scheduled for a hearing this month. The measure would seek to reverse the prosecutorial discretion memo released by ICE last month that would give leeway to stop the deportation of non-criminals such as DREAM Act potential beneficiaries and military family members.

The House Judiciary Committee marked up and passed HR 704, the Secure and Fairness Enhancement (SAFE) for America Act, a bill that would eliminate the Diversity Visa Program (the green card lottery). The Judiciary Committee also voted to advance HR 1932, the Keep Our Communities Safe Act of 2011, a bill that would authorize indefinite detention for immigrants. Other enforcement bills recently introduced would mandate the use of E-Verify, eliminate waivers of the three and ten years bars for people who have overstayed their visas and suspending Temporary Protective Status.

There has been a modest amount of pro-immigration activity in the House. The Judiciary Committee passed an extension of the H-1C visa for nurses.

On the Senate side, no major votes, but there have been some hearings of note. The Senate held a hearing on the DREAM Act and another on the Defense of Marriage Act, the law that prevents same sex couples from receiving immigration benefits. Next week, the Senate Immigration Subcommittee will hold a hearing entitled “The Economic Imperative for Enacting Immigration Reform.”

The big question is whether we’ll actually see a markup in the Democrat-controlled Senate of a pro-immigration bill. For the last several years, there has been a concerted effort to avoid passing smaller immigration measures lest they reduce support for a large comprehensive immigration reform bill. But many believe passing a comprehensive bill is simply not possible now or even for several more years. Whether a new pragmatic approach is to take hold or not is still unclear.

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Readers are reminded that they are welcome to contact my law office if they would like to schedule a telephone or in person consultation with me or one of my colleagues. If you are interested, please call my office at 901-682-6455.

Regards, Greg Siskind

2. ABCs of Immigration Law: P Visas for Athletes and Entertainers

The P-1 visa category is the visa of choice for athletes and entertainers who do not meet the “extraordinary ability” standard required for an O visa. In practice, P visas are most often used for athletes and entertainers who perform as part of a team or entertainment group for trips of limited duration, such as a concert tour or a sports season. Because the P-1 visa is employer-specific, P-1 athletes and entertainers who are members of a team or group may not perform work or services separate and apart from the team or entertainment group during their P-1 time.

There are two ways for an athletic team or entertainment group to obtain P-1 status for its members. First, P-1 visas may be granted to an athletic team or entertainment group based on its own international reputation. When the visa is granted to the team or group, as a whole, each member of the team or group is given P-1 classification based on the reputation of the team or group. Second, a team or group may seek P-1 visas for individual members of the team or group based on their individual, international reputations.

It is important to note that an athletic team or entertainment group that employs a P-1 alien must be “internationally recognized,” which the USCIS defines as “having a

high level of achievement in a field evidenced by a degree of skill and recognition substantially above that ordinarily encountered, to the extent that such achievement is renowned, leading, or well-known in more than one country.”

P-1 Athletes

A clear advantage of the P-1 category is the wide variety of athletes who may qualify under its provisions. The P-1 category encompasses all athletes who perform at an internationally recognized level of performance and who fall into one of four sub- categories: 1) individual athletes, 2) athletes who are members of certain professional leagues, 3) athletes and coaches who participate in certain amateur leagues, or 4) athletes who participate in theatrical ice skating productions.

A P-1 athlete must be coming to the US to participate in an athletic competition that has a distinguished reputation and that requires participation of an athlete or athletic team that has an international reputation.

  • An individual athlete may obtain P-1 classification if he or she is an internationally recognized athlete based on his or her own reputation and achievements as an individual or if he or she is as member of a foreign team that is internationally recognized. The alien must be coming to the US to perform services that require an internationally recognized athlete. Individual athletes must be coming to the US to participate in an athletic competition with a distinguished reputation that requires participation of an athlete or a foreign athletic team with an international reputation.
  • Professional team athletes may qualify for a P-1 visa so long as they are employed by a team that either is a member of an association of 6 or more professional sports teams whose total combined revenue exceed $10 million per year where the association governs the conduct of its members and regulates the contests and exhibitions in which its member teams regularly engage or is a minor league team that is affiliated with such an association.
  • Amateur athletes and coaches may obtain a P-1 visa if they are part of a team or franchise that is located in the US and is a member of a foreign league or association of 15 or more amateur sports teams, if 1) the foreign league or association is the highest level of amateur performance of that sport in the relevant foreign country; 2) participation in such league or association renders players ineligible to participate in sports at the collegiate level in the US under NCAA rules; and 3) a significant number of individuals who play in such league or association are drafted by a major sports league or its minor league affiliate.
  • Finally, professional or amateur athletes who perform in a theatrical ice skating production may qualify for a P-1 visa. These athletes may come to the US either to perform in a specific theatrical ice skating production or tour or to perform as an athlete in a specific athletic competition. Thus, professional or amateur figure skaters who are part of such productions are not limited to seeking a P-1 visa for theatrical ice skating in the US.

Although the visa category requirements are fairly specific, most athletes who play for major and minor league sports leagues may qualify. The P-1 visa also has benefits for team administrators, because there is no limit on the number of athletes for whom a team may petition, and there is no national cap on the number of non- immigrants who may enter the US on a P-1 visa as there is with the H-2B visa category that most minor league teams used previously. This flexibility will allow teams to more easily add players mid-season, assuming they encounter no difficulties from the USCIS or relevant consulate during the actual petition process.

Trades and Waivers: When a player is traded, released or put on waivers, additional issues are raised. A player who is traded may legally play for the new team prior to filing an appropriate petition, so long as the acquiring team files a new petition with the USCIS within 30 days of the trade. Once the 30-day deadline is met, the athlete will remain in status and will be able to play until the P-1 petition is decided. There is no need to premium process a trade petition, because the athlete is in legal status while the petition is pending.

The law does not specifically address the issue of players placed on waivers. “Waivers” refers to a player being released by a team whereby another team can pick up the player within 24 hours or the player is made a free agent. The rules are not clear whether a waiver is to be treated as a trade when the player is picked up by another team, though in practice USCIS appears to read the law broadly. Nevertheless, it would be considered good practice to file a new P-1 petition for the player. That player will not be able to enter the US to play until the new petition is decided. It is strongly advisable to premium process this type of petition so the player can resume play as soon as possible.

P-1 Entertainers

The P-1 visa category is also an attractive method for entertainers who are part of an entertainment group to come to the US to perform as an integral part of that group’s performance. Dance troupes, acting companies, orchestras and vocal groups are examples of the type of groups that use the P-1 visa for their members. This visa category is usually reserved only for those entertainers who are part of a group. In fact, individual performers cannot obtain a P-1 visa, unless they are coming to the US to join a foreign entertainment group.

The group with which a P-1 entertainer will perform in the US must be internationally recognized as outstanding in the discipline for a “sustained and substantial period of time,” although the government may waive this requirement where the group is nationally recognized for a sustained and substantial period of time in consideration of special circumstances. For example, this exception may be available where a group has had difficulty gaining recognition outside its home country because of lack of access to news media or because of geographical considerations. The group also must have been established for a minimum of one year.

The P-1 visa also requires that an entertainer have a “sustained and substantial” relationship with the group, which is usually at least one-year. This requirement has three exceptions, however. First, this requirement only applies to 75% of the group’s performers and entertainers. Conversely, 25% of the group need not have a one- year relationship with the group. Second, the government may waive this requirement where an alien replaces an essential member of the group in the case of illness or unanticipated and exigent circumstances or where an alien augments the group by performing a critical role. Third, the one-year requirement does not apply to circus personnel who perform as part of a circus that is nationally recognized as outstanding for a sustained and substantial period of time.

Support Personnel

A P-1S visa may be available to aliens coming to the US to work as essential support personnel for P-1 athletes, teams or entertainment groups. In the context of a P-1 athlete or entertainer, an essential support alien is defined as a highly skilled, essential person who is an integral part of the performance of a P-1 athlete or entertainer, because he or she performs support services that cannot be readily performed by a US worker and that are essential to the successful performance of the P -1 athlete or entertainer. Essential support personnel must have appropriate qualifications to perform the services, critical knowledge if the specific services to be performed and experience in providing such support to the P-1 athlete or entertainer. For example, coaches, league officials or referees, front office personnel, camera operators, lighting technicians and stage personnel are all examples of individuals who might be categorized as P-1S essential support personnel.

Other P Categories

More than one alien may be included in a petition so long as each alien will complete the visa process in the same manner. For instance, all Canadian players for a sports team may be included on one petition as they will all be processed at a port of entry (Canadians do not require P-1 visas to be endorsed by a consular post). All other players (such as Russian, Slovakian, Finnish, etc) may be included on another petition together, as they will all consular process. Coaches must be listed on separate, individual petitions. Support personnel must also be listed on a separate petition. A petitioner may file for multiple aliens that are already in the US, but those aliens must be included on a petition that is separate from aliens that are outside the US.

Labor Consultation

To have a P-1 petition approved, the employer/petitioner must show that it consulted with a labor organization with experience in the field of athletics or entertainment involved and must submit with the petition an advisory opinion from that organization. In the alternative, if the petitioner establishes that no appropriate labor organization exists, the government may decide the petition without requiring an advisory opinion. If the petitioner does not submit an advisory opinion and does not establish that an appropriate labor organization does not exist, then the government will forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization within 5 days of the date of receipt of the petition. The labor organization must then meet certain requirements for responding to the petition.

General P-1 Application Procedures

More than one alien may be included in a petition so long as each alien will complete the visa process in the same manner. For instance, all Canadian players for a sports team may be included on one petition as they will all be processed at a port of entry (Canadians do not require P-1 visas to be endorsed by a consular post). All other players (such as Russian, Slovakian, Finnish, etc) may be included on another

petition together, as they will all consular process. Coaches must be listed on separate, individual petitions. Support personnel must also be listed on a separate petition. A petitioner may file for multiple aliens that are already in the US, but those aliens must be included on a petition that is separate from aliens that are outside the US.

Required Evidence to Support a P-1 Athlete or Athletic Team

When an application is filed on behalf of an individual athlete or athletic team, except for an application for a player in a league with six teams and $10,000,000 in revenue (or an affiliated league), the petitioner must present a tendered contract with a major US sports league or team or a tendered contract in an individual sport commensurate with international recognition in that sport, if such contracts are normally executed in the sport, and at least two of the following types of evidence:

  • Participation to a significant extent in a prior season with a major US sports league;
  • Participation on a national team at international events;
  • Participation to a significant extent in a prior season with a US collegiate

    team;

  • A written statement from an official in the governing body of the sport

    outlining how the athlete or team is internationally recognized;

  • A written statement from a member of the sports media or other recognized

    expert outlining how the athlete or team is internationally recognized;

  • Evidence that the alien is highly ranked if the sport uses a ranking system;

    and

  • Evidence that the alien or team has received a significant award for performance.

For players on teams qualifying based on the size of the league and the league revenue, a contract with a team, evidence of the league meeting the threshold requirements noted above, evidence of the player’s qualifications and either the labor consultation or documentation that no appropriate group exists.

Required Evidence to Support a P-1 Entertainer or Entertainment Group

When the application is being filed on behalf of an entertainment group, the petition must be supported by the following evidence:

  • Evidence that the group has been established and performing regularly for at least one year;
  • A statement from the petitioner listing each member of the group and the exact dates for which each member has been employed on a regular basis with the group; and
  • Evidence that the group has been internationally recognized in the discipline for a sustained and substantial period of time, which may be shown in two ways: first, by nomination or receipt of awards for outstanding achievement in the field; second, by submitting three of the following types of evidence:

    • The group has and will continue to perform a starring role in productions or events with a distinguished reputation, evidenced by reviews, advertisements, press releases, contracts or endorsements;

• The group has international recognition, evidenced by reviews in papers, trade journals, etc.;

• The group has and will continue to perform a starring role in productions or events with a distinguished reputation, evidenced by articles in newspapers, trade journals, etc.;

• The group has had commercial success;
• The group has gained significant recognition for achievements from leaders

in the field; or
• The group commands a high salary compared to others similarly situated.

Length of Status

A P-1 alien may be admitted for as much time as is approved for the subject competition, event or performance. If an alien is admitted on a P-1 as an individual athlete, the period of initial status may be any length of time not more than five years, and that period of time may be extended for a period of up to 5 years.

Processing Time

Premium processing is available for P-1 visas and ensures that the petition will be decided within 15 calendar days from the date USCIS receives it. Premium processing requires an extra government filing fee of $1000. Without premium processing, the processing time for a P-1 visa is approximately two to five months, but it could be longer. For this reason, a petition for a P visa that is not being premium processed should be filed six months before the visa is needed.

Filing Fee
The filing fee for a P visa is $325 as of July 18, 2011.

3. Ask Visalaw.com

In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write Ask-visalaw@visalaw.com. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

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1) Question:

I am a U.S. citizen. I sponsored my wife for a green card and she received a two- year temporary green card. My wife is supposed to apply for a permanent green card before the end of the two years, but we are separated and will be divorcing. Do I have an obligation to continue to sponsor my wife to get her permanent green card even though we are divorcing? Will I have a financial support obligation after the marriage ends?

Answer:

Your wife received a two-year conditional green card because you were married less than two years at the time she was granted permanent residence. Normally she would be required to apply to have the condition removed during the 90 day period before her green card expires. If she was married and living with you at that time, the two of you would file a joint application to remove the condition from her residence. The point of this application is to show that this was a bona fide marriage and she did not get married for the sole purpose of receiving a green card. However, since you have separated before she could obtain her 10-year unconditional green card, then she will need to file an application requesting a waiver of a joint application to remove the condition. She should file this application after the divorce is finalized. This waiver application does not require you to apply jointly with her. So you do not have an obligation to join your wife in her application to remove the condition from her residence.

However, even after your divorce has been finalized, you will still be obligated under the Affidavit of Support you filed on behalf of your wife. Whether or not this requires you to provide financial support for your wife after the marriage is a matter of debate in the courts and may depend on where your divorce is filed. But if your wife obtains certain welfare-type benefits from the government, it is clear that the U.S. government can sue you for the amount paid out to her. The obligations under an Affidavit of Support continue until she becomes a U.S. citizen, until you can show that she has worked for at least 40 quarters in the U.S., or until one of you dies.

2) Question:

My purse was stolen along with my green card. I was planning on taking a trip abroad soon, but I can’t travel without my green card. Can I replace my green card quickly in order to be able to take my trip? I am eligible to apply for naturalization. Would it be quicker to become a citizen?

Answer:

In order to travel abroad, you will need to file an application to replace your stolen green card. If you have not already done so, you should file a police report on your stolen purse. USCIS often likes to see a copy of the police report when a Permanent Resident claims their green card has been stolen.

Right now it is taking several months for USCIS to replace a lost green card. However, if you need to travel before then you can get an I-551 stamp put in your passport. The I-551 stamp is temporary proof of Permanent Residence. To get the

stamp you will need to make an Infopass appointment at your local USCIS office. You will need to bring your receipt notice that you will receive from the application to replace your card, your passport, and proof of your upcoming trip such as a copy of your ticket. Some USCIS offices will not grant the stamp more than 30 days before the trip.

If you have lost your green card or had it stolen, or if your green card has expired, you will need to file an application to renew or replace your green card before you can apply for naturalization. You do not have to wait for the new card to apply for naturalization. You can file the application for naturalization with the receipt notice from the application to renew or replace your green card.

4. Border and Enforcement News:

ICE Offers Relief to Libyan Students in U.S.

The Washington Post reports that ICE has announced that Libyan students in the U.S. who have suffered economic hardship because of the unrest in their home country will be allowed to work more hours and reduce their course load. The United States has previously extended similar considerations, known as temporary protected status, to citizens of countries that are undergoing crises. The relief for Libyan students is slated to end Dec. 31.

http://www.washingtonpost.com/politics/ice-offers-relief-to-libyan-students-in- us/2011/06/09/AGyYQwNH_story.html
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Corruption a Problem at Customs and Border Protection, Agency Head Says

The Hill (DC) reports that more than 125 U.S. Customs and Border Protection employees have been arrested or indicted on corruption charges for drug smuggling, human trafficking, laundering money, and conspiracy since 2004, according to the agency’s top official. The spike in incidents coincides with a drastic increase in the agency’s manpower in an effort to curb the flow of money, drugs, and illegally present immigrants across the border. In an effort to stem the corruption, Congress passed the Anti-Border Corruption Act of 2010 which calls for the eventual polygraphing of all interviewees and current agents- the agency reports that each year it moves closer and closer to this goal.

http://thehill.com/blogs/blog-briefing-room/news/165925-corruption-a-problem-at- customs-and-border-protection-agency-head-says
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Study: Foreign Visitors with Expired Visas Pose Potential Terrorist Threat

The Houston Chronicle reports that a decade after five suicide hijackers with expired U.S. visas helped perpetrate 9/11 the Department of Homeland Security still lacks a failsafe way to track foreign visitors in and out of the country. Congress’ investigative Government Accountability Office found that the lack of fraud-proof

biometrics such as digital fingerprints leaves the nation exposed to terrorist threats. The budget cost and limits to available manpower remain the prohibitive factors preventing the DHS from being able to quickly match digital records of arriving visitors with the paper records of departing visitors. http://blog.chron.com/txpotomac/2011/06/foreign-visitors-with-expired-visas-pose- potential-terrorist-threat/

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Obama Administration Extends National Guard Deployment at Southwest Border

The Los Angeles Times reports that the Obama administration has extended the deployment of National Guard troops along the southwest border for an additional three months. The National Guardsmen will continue their deployment through September in an effort to keep pressure on border crossings while the DHS rolls out more personnel, fences and sensors.

http://articles.latimes.com/2011/jun/17/news/la-pn-national-guard-border- 20110617

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ICE Auditing Company Hiring Records for Violations

The Associated Press reports that Federal immigration authorities are beginning a new round of investigations to make sure businesses hire only people authorized to work in the U.S. The investigation will focus on 1,000 companies vital to national security and other government and economic functions, inspecting I-9 forms to ensure all workers are eligible to work in the U.S. The Obama administration has made cracking down on employers a key part of its immigration enforcement policy, hoping to encourage a “culture of voluntary compliance.” In the most serious cases, violations can result in criminal arrests of employers.

http://news.yahoo.com/s/ap/20110615/ap_on_re_us/us_immigration_employer_cra ckdown
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ICE Acknowledges Detaining U.S. Citizen in Miami-Dade

The Miami Herald reports that U.S. Immigration and Customs Enforcement has accepted responsibility for detaining Christopher Zambrano, a U.S. citizen born in Atlanta, as he rode his bicycle early one morning earlier this month. The case drew attention because Zambrano said the men in black clothes who stopped him questioned him about his immigration status.

An ICE spokesperson insisted that the agents focused on whether he had identification. Immigrant-rights activists say immigration agents are targeting Hispanics in the belief that they are more likely than non-Hispanics to be foreign nationals. ICE officials insist the operation that ensnared Zambrano had nothing to do with immigration enforcement but with efforts to detect criminal activity at marinas such as drug and human trafficking.

http://www.miamiherald.com/2011/06/22/2279810/ics-acknowledges-detaining- us.html#disqus_thread
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Justice Department Accuses Smithfield Unit of Immigrant Bias

The Wall Street Journal reports that the Justice Department filed a lawsuit against a Smithfield Foods Inc. unit, alleging the company, Farmfield Foods Inc., imposed unnecessary documentary requirements on non-U.S. citizens when establishing their authorization to work in the country. The department’s investigation found that the company required all newly hired non-U.S citizens and some foreign-born U.S. citizens to present specific and, in some cases, extra work-authorization documents beyond those required by federal law.

http://online.wsj.com/article/SB10001424052702304447804576412444123632046. html?mod=googlenews_wsj
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U.S.: Some non-Mariel Cubans Can be Deported

The Miami Herald reports that Cubans convicted of crimes in the United States have been deported to their homeland because their names appear on a 27-year-old repatriation agreement list. The list is the result of U.S. pressures on Cuba to take back immigrants who arrived in the 1980 Mariel boatlift on the grounds that they were criminals. An ICE spokeswoman confirmed the 1984 list includes some who did not arrive during the 1980 boatlift. The disclosure came as a surprise to immigration attorneys and activists who believed it contained only the names of Mariel Cubans.

http://www.miamiherald.com/2011/06/28/2290259/us-some-non-mariel-cubans- can.html
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‘Notario público’ Scam Artists Continue to Target Immigrant Community

The Monitor (McAllen, TX) reports that a district judge last month ordered two more notarios públicos to cease their operations, pay back their victims and publicly display signs in English and Spanish saying they cannot legally offer immigration legal counseling. The pair of notary publics are among at least eight such operations shut down by the Attorney General’s Office this year. At a press conference, Attorney General Greg Abbott noted the growing problem of notary publics targeting Texas’ large Hispanic and Spanish-speaking communities for immigration counseling scams.

http://www.themonitor.com/news/p%C3%BAblico-52579-community-scam.html

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US: Israel Included in Terror Watch List by Mistake

Ynetnews reports that Israeli diplomats stationed in the United States were surprised to discover that Israel was one of 36 countries included in a new Homeland Security terror watch list. John Morton, director of the US Immigration and Customs Enforcement division of the DHS, said Israel’s appearance on the list was a mistake based on inaccurate information. Morton went further, stating “the US does not and never has considered Israel to have links to terrorism…”

http://www.ynetnews.com/articles/0,7340,L-4092186,00.html

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5. News from the Courts:

Court Rejects Sex Bias Claim on Citizenship Rule

The Associated Press reports that the U.S. Supreme Court dismissed a challenge by a Mexican-born man to a citizenship law that treats men and women differently. The court’s 4-4 split decision upheld Ruben Flores- Villar’s criminal conviction on immigration charges but set no precedent. Flores-Villar, a 36 year old man born in Tijuana to an American father and Mexican mother, challenged his conviction based on the fact that if his parent’s nationalities had been reversed he would have been a citizen.

http://www.google.com/hostednews/ap/article/ALeqM5hm0dPI756qOVSuUWfwZNEW zWKP-w?docId=2dc8a8fd033348318c50ab8fa42c2a35
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Judge Blocks Parts of Indiana Immigration Law

The Associated Press reports that a federal judge has blocked parts of the state of Indiana’s new immigration law. U.S. District Judge Sarah Evans Barker granted a request for an injunction blocking two provisions of the law, saying they had “proven to be seriously flawed and generally unsuccessful.” The ACLU of Indiana contended the law gave police sweeping arrest powers against immigrants who hadn’t committed crimes. The state attorney general’s office argued, however, that fears about the immigration law were exaggerated and based on a misunderstanding of the law.

http://www.reuters.com/article/2011/06/25/us-indiana-immigration- idUSTRE75O09R20110625
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Judge Blocks Parts of GA. Immigration Law

The Associated Press reports a federal judge has granted a request to block parts of Georgia’s law cracking down on undocumented immigration from taking effect until a legal challenge is resolved. Most parts of the law were set to enter into effect July 1.

http://www.reuters.com/article/2011/06/25/us-indiana-immigration- idUSTRE75O09R20110625
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Mexican National Wins Social Group Status

GonzalezImmigrationLaw.com reports that in an unprecedented decision a San Antonio Immigration Judge granted Withholding of Removal to a Mexican National escaping the drug violence in Mexico. The judge determined that the Mexican National met the requirements for persecution on account of a particular social group because he was targeted by the drug cartels in Mexico for his work against their drug

trafficking activities. The decision provides a small victory for those who are fleeing the drug related violence of Mexico.

http://gonzalezimmigrationlaw.com/2011/06/02/mexican-withholding/******

6. News Bytes:New Effort to Protect Immigrants from Tricks

The New York Times reports that immigration officials are teaming up with federal and state prosecutors, the Federal Trade Commission, lawyers’ groups and immigrant advocates organizations in an effort to combat an epidemic of schemes by people posing as immigration lawyers. The campaign, the first of its kind to harness such broad inter-agency cooperation, is an effort by the Obama administration to assist immigrant communities. The effort involves a blitz of advertising and educational opportunities to help immigrants distinguish unqualified and fraudulent immigration lawyers. Officials will couple this campaign with stiffer penalties and convictions for those seeking to take advantage of immigrants in the hopes that it will help curb this widespread problem going forward.

http://www.nytimes.com/2011/06/09/us/09immig.html

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ALA. Governor Signs Tough Immigration Law

The Associated Press reports that Alabama’s Governor Robert Bentley signed a tough new immigration crackdown that contains provisions requiring public schools to determine students’ immigration statuses and making it a crime to knowingly give an illegally present immigrant a ride. Alabama joins an ever growing number of states passing tough immigration bills and is facing outrage from civil liberties groups over provisions they feel are “mean-spirited, and racist.” Republican Rep. Micky Hammon who sponsored the bill is proud of the tough stance it takes and pointed out that it is written in such a way that if any part fails to stand up to legal challenges, the rest will stand.

http://articles.cnn.com/2011-06-09/us/alabama.immigration_1_illegal-immigration- immigration-law-immigration-status?_s=PM:US

The Wall Street Journal reports that advocacy groups made good on their promise to file suit over Alabama’s new tough immigration law. The Southern Poverty Law Center and ACLU are two of many groups who are challenging the law on the basis that it encroaches on federal authority. State officials who sponsored the bill said the suit came as no surprise and are confident the law will hold up in court.

http://blogs.wsj.com/law/2011/07/08/advocacy-groups-sue-to-block-alabama- immigtation-law/?mod=google_news_blog
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Latest LDS Statement on Undocumented Immigration is Murky

The Salt Lake Tribune reports that the Church of Jesus Christ of Latter-day Saints released a statement in support of Utah’s guest-worker measure, but failed to mention Utah HB116 by name. HB116 seeks to fine undocumented workers in Utah either $2,500 or $1,000 and requires they pass background checks before being granted work visas for themselves and their families. The bill was signed by Governor Gary Herbert and will take effect in July 2013.

Some Republicans looking to repeal HB116 at their upcoming state convention have questioned the statement’s true impact because it lacked the signature of the church’s First Presidency- its highest official.

The Salt Lake Tribune reports that a statement on undocumented immigration released by the Church of Jesus Christ of Latter-day Saints just before a showdown at the upcoming Utah Republican Convention left room for interpretation. The statement featured strong support of a guest-worker measure, but failed to mention Utah HB 116 by name that proposes a worker-program. Furthermore, the statement lacked the signature of the church’s First Presidency- its highest official. As a result, politicians on both sides of the guest worker issue have claimed the statement as support for their stance.

http://www.sltrib.com/sltrib/politics/51983593-90/statement-church-lds- immigration.html.csp
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Obama to Speak to Annual Conference of Hispanic Civil Rights Group National Council of La Raza

The Associated Press reports that President Barack Obama plans to address this year’s conference of the major Hispanic civil rights organization, The National Council of La Raza. NCLR president Janet Murgia says Hispanics will want to hear from Obama on a range of issues including immigration reform, a topic Obama has received much criticism over after not moving reform as he promised in his 2008 campaign.

http://www.washingtonpost.com/politics/obama-to-speak-to-annual-conference-of- hispanic-civil-rights-group-national-council-of-la- raza/2011/06/15/AGyI2VWH_story.html
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Texas Immigration Bill Approved by Senate

The Associated Press reports that Texas State Senate Republicans pushed through a controversial immigration bill during the current special session. The bill gives police officers broader powers to ask people they detain about their citizenship status. In addition, it bans enforcement agencies and local governments from adopting policies of encouraging workers not to ask about citizenship status. Governor Perry and his supporters say the bill will help police fight crime committed by illegally present immigrants. As in many other states that have adopted similar legislation, detractors strongly object on the basis of racial profiling and the possibility that rogue officers might target Hispanics.

http://www.chron.com/disp/story.mpl/ap/tx/7611208.html

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Louisiana Passes Bills Requiring Employers to Check Immigration Status of Workers

The Times Picayune (LA) reports that House Bill 342, given unanimous approval Thursday in the Louisiana House could result in businesses that use undocumented immigrant labor losing their licenses or permits for at least six months. According to the legislation, employers must use the federal verification system – known as “E- Verify” – to check the legal status of workers. In addition to the suspension of operating licenses, employers found to utilize undocumented workers could face penalties of up to $1,000 per employee.

http://www.nola.com/politics/index.ssf/2011/06/house_approves_bill_requiring.html

The Times Picayune (LA) reports that the Louisiana House voted 100-0 Tuesday for House Bill 646 that would prohibit any public body from awarding a contract to a business that does not agree to monitor its work force for illegally present immigrants. In its current form, the bill shares many provisions with a similar bill passed through the House earlier in the week by Representative John Bel Edwards including banning contractors from bidding on government contracts if they are found to be noncompliant. Resultantly, the bill passed through the House with little debate.

http://www.nola.com/politics/index.ssf/2011/06/house_approves_bill_requiring_1.ht ml

The Times Picayune (LA) reports that Governor Bobby Jindal has signed two bills into law that are designed to discourage public and private sector companies from hiring illegally present immigrants. Both House Bill 342 and House Bill 646 rely on the ‘E- Verify’ service to ensure employers working with the government check the immigration status of their employees. Both take effect August 15.

http://www.nola.com/politics/index.ssf/2011/07/gov_jindal_signs_illegal_immig.htm l
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NY Can’t Opt Out of Fingerprint Sharing With Feds: Officials

WYNC News (NY) reports that fingerprints taken at the local level will continue to be shared with the Department of Homeland Security as part of a controversial federal immigration program despite New York Governor Andrew Cuomo’s calls to end the practice. Cuomo withdrew New York from the Secure Communities program on June 1 after ‘mounting evidence’ that it failed its stated goal of deporting serious felons. In response to widespread criticism, ICE director John Morton announced that changed to the program would be made, including making sure the program is focused on dangerous criminals and ensuring victims and witnesses of crimes are not put into deportation proceedings.

http://www.wnyc.org/articles/wnyc-news/2011/jun/27/secure-communities/

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Huntsman Takes Cue from McCain on Immigration

The Arizona Republic reports that Republican presidential hopeful, Jon Huntsman, appears to have taken his cue from the tactical shift to the right made in 2007 by U.S. Sen. John. McCain on the issue of immigration. Huntsman, widely considered the most moderate 2012 Republican candidate, is a longtime backer of comprehensive immigration reform, including a pathway to citizenship for illegally present immigrants already in the country. Like McCain, he now says the U.S.- Mexican border must be secured first and grudgingly acknowledged the need for a fence along the border.

http://www.azcentral.com/arizonarepublic/local/articles/2011/06/26/20110626hunts man-mccain-immigration-nowicki.html
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Governor Haley Signs Controversial Immigration Bill

WSPA News (SC) Gov. Nikki Haley signed a tough immigration bill that South Carolina Lawmakers sent to her desk. Much like its Arizona counterpart this bill requires police in South Carolina to check the immigration status of anyone they suspect is here illegally and would require businesses to check the legal status of anyone they hire by using the E-Verify system.

A coalition of 21 faith and civil rights groups urged Gov. Haley to veto the bill, saying it will encourage racial profiling. The coalition threatens a costly lawsuit challenging the bill. A spokesman for Gov. Haley says that since it has been changed since a recent Supreme Court ruling on the Arizona legislation they are confident it will hold up in court.

http://www2.wspa.com/news/2011/jun/27/gov-haley-signs-controversial-immigration- bill-ar-2035633/
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Board Sets Favorable Precedent for Children of Fiancées (K-2 Visa Holders)

The American Immigration Council’s Legal Action Center reports the Board of Immigration Appeals has advanced the cause of family unity in its June 23, 2011 decision, Matter of Le. The Board concluded that the age of the child is “fixed at the time the child is legally admitted to the United States and therefore is eligible for adjustment of status even after turning 21.

http://www.americanimmigrationcouncil.org/newsroom/release/bia-sets-favorable- precedent-children-fianc%C3%A9es-k-2-visa-holders
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San Diego County Moves Toward E-Verify System

The San Diego Union Tribune reports that San Diego County took the first step toward requiring all new employees to be screened through a federal database used to check the legal status of prospective workers. The Board of Supervisors gave county officials three months to test the E-Verify program on new hires and report to the supervisors whether it is viable. An ACLU policy director raised concerns about privacy and burdensome costs for human resources departments. Even so, county officials have reported that public opinion remains on their side, supervisors assert that the majority of the calls to their office are in support of the measure.

http://www.signonsandiego.com/news/2011/jun/28/county-may-tap-database- check-worker-legal-status/
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Count of Pearce Recall Signatures Tops Requirement

The Associated Press reports that after an initial check of recall petitions targeting Arizona Senate President Russell Pearce, Maricopa County officials have verified there’s more than enough valid signatures to force a special election. Pearce is the Senator who introduced Arizona’s controversial SB1070 immigration law. Elections Director Karen Osborne said a comprehensive report on the verification results will be prepared and submitted to the Secretary of State’s Office. If the recall election is still on track, Pearce would be given the opportunity to resign or face voters.

http://azstarnet.com/news/state-and-regional/article_215156b4-a1e0-11e0-a75c- 001cc4c002e0.html
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Celebrating America’s 235th Birthday by Welcoming More than 24,000 New Citizens

The Blog @ Homeland Security reports that U.S. Citizenship and Immigration Services (USCIS) celebrated America’s 235th birthday by welcoming more than 24,000 new citizens. In nearly 350 naturalization ceremonies across the United States and as far away as Baghdad and Kabul, individuals from all over the world took the Oath of Allegiance and accepted the rights and responsibilities of U.S. citizenship.

http://blog.dhs.gov/2011/07/celebrating-americas-235th-birthday-by.html

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No Visa Processing In Yemen

Bender’s Immigration Bulletin reports that all visa services at the U.S. Embassy in Sana’a, Yemen have been suspended until further notice. Applicants who need to travel to the U.S. before the resumption of full visa services in Sana’a are welcome to apply for a nonimmigrant visa at any U.S. Embassy or consulate outside Yemen which provides visa services. The Embassy will commence visa operations gradually as circumstances permit.

http://yemen.usembassy.gov/visas.html

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Texas Senator Backs H-1B Staffing Firms

ComputerWorld reports that Sen. John Cornyn (R-Texas) is siding with IT staffing firms that rely heavily on H-1B visa workers against a USCIS memo that upended their business model. The memo requires staffing firms to maintain day-to-day control of H-1B workers at third-party sites despite the fact that this control typically belongs to the third party using the worker rather than the staffing firm. Senator

Cornyn wrote a letter to Alejandro Mayorka, the USCIS director, accusing the agency of overstepping its authority and “denying the entire IT consulting and staffing industry access to H-1B workers.” The USCIS said it planned to respond to the senator and cited the memo as one of the responses it made to a study that revealed rampant fraud and technical violations in H-1B petitions.

http://www.computerworld.com/s/article/9218084/Texas_senator_backs_H_1B_staff ing_firms
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Southern Baptist Leader Wants DREAM Act for Illegally Present Immigrants’ Children

The Associated Press reports that a Southern Baptist Convention leader says the group’s policy arm supports a version of the DREAM Act. Richard Land, president of the SBC’s Ethics and Religious Liberty Commission, stated to the Judiciary Subcommittee on Immigration, Refugees and Border Security that the commission could support the DREAM Act with conditions. One condition would be making sure the bill does not allow young adults who gain legal status to help their relatives gain legal status or enter the country.

http://www.sacbee.com/2011/06/30/3739589/southern-baptist-leader-wants.html

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New I-9 Central Website Aggregates Information About I-9 Process

International Law Office reports that the US Citizenship and Immigration Services has launched a new website to provide resources, information and updates regarding the management of employee eligibility verification. The new website, called I-9 Central, is available online at www.uscis.gov/I-9Central.

http://www.internationallawoffice.com/newsletters/detail.aspx?g=4c6f57c2-b31b- 4b8d-b6e4-2f5b7fd1981b
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Maryland Voters to Decide Immigrant Tuition Law

The Washington Post reports that opponents of a new law that gives illegally present immigrants in-state tuition discounts at Maryland’s public colleges have gathered enough signatures to suspend the law and force a statewide referendum. Though elections officials have yet to certify the outcome, it is the first time in 20 years that a petition drive has forced a vote on a Maryland law. Supporters of the law have created a collation to scrutinize the validity of the petition’s signatures and assert that they are confident that their cause will prevail in a statewide vote. Meanwhile, the petition’s Republican organizers view the referendum as a huge success in a traditionally socially liberal state.

http://www.washingtonpost.com/local/dc-politics/md-voters-to-decide-immigrant- tuition-law/2011/07/07/gIQAfAsr2H_story.html
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Arpaio’s Office to Pay $200,000 in Profiling Case

The Arizona Republic reports that the Maricopa County Sheriff’s Office will pay $200,000 to settle a claim brought by two Hispanic men who accused sheriff’s deputies of racial profiling. The claim arose out of one of Sheriff Joe Arapaio’s worksite enforcement raids. Deputies pulled Julian and Julio Mora over outside the business and proceeded to detain them for nearly three hours without a warrant. An attorney for the Sheriff’s Office said it was impossible to defend the merits of the stop because the deputies who stopped the Moras could not be identified due to the large number of deputies working the operation.

http://www.azcentral.com/arizonarepublic/local/articles/2011/07/08/20110708arpai o-office-profiling-case-settlement.html
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Illegally Present Immigrant In-State Tuition Begins in Connecticut

The Associated Press reports that in-state tuition for illegally present immigrants at Connecticut’s public universities is set to begin this year. The measure reduces tuition costs by as much as $17,000 annually and places Connecticut among twelve states that grant in-state tuition to illegally present immigrants who are working toward legal status.

http://www.foxnews.com/us/2011/07/07/illegal-immigrant-in-state-tuition-begins- in-conn/

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U.S. Privacy Groups Protest Proposed E-Verify Bill

Computerworld reports that the ACLU and several other civil liberties, privacy and labor groups last week urged Congress to reject the Legal Workforce Act of 2011. The bill would require all U.S. employers to use E-Verify to determine whether new hires and current employees can legally work in the U.S. The bill also proposes a pilot biometric authentication program that would let employers fingerprint employees as part of the vetting process. Backers say the bill and the proposed maximum $25,000 fines for noncompliance are designed to curb unauthorized immigration to the U.S. Civil rights and privacy groups, however, contend that it would lead to the creation of a huge database containing highly sensitive information that would be hard to protect and ripe for misuse.

http://www.computerworld.com/s/article/9218175/Privacy_groups_protest_propose d_E_Verify_bill
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Border Patrol Rescues 26 Illegally Present Immigrants in Arizona Desert

The Associated Press reportsTucson Sector Border Patrol agents rescued 26 illegally present immigrants found wandering in the western Arizona desert over the Fourth of July weekend where temperatures were 118 degrees.

http://azstarnet.com/news/local/border/article_4a145bf8-a7f5-11e0-9101- 001cc4c03286.html
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7. Washington Watch:

Senators Look to Put Immigration Back on the Front Burner

Talking Points Memo (DC) reports that despite the bleak chances for comprehensive immigration reform passing, Democrats are doing their best to keep the issue in the national conversation. Sens. Robert Menedez (D-NJ), Pat Leahy (D-VT), and Dick Durbin (D-IL) held a joint press conference to prod lawmakers into negotiating a bipartisan bill that would increase enforcement measures coupled with a path to citizenship for undocumented workers.

http://tpmdc.talkingpointsmemo.com/2011/06/senators-look-to-push-immigration- back-to-the-frontburner.php
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Bill Would Freeze Obama’s Power to Grant Illegally Present Immigrants Amnesty

The Hill (DC) reports that the Republican chairman of the House Judiciary Committee is crafting a bill that would temporarily freeze the Obama administration’s power to grant amnesty to illegally present immigrants. The measure is a response to a memo issued by the head of ICE last week that approved a broader breadth of discretion for agency officials when considering whether to deport someone through the Secure Communities program. Realizing the dim prospects to pass the DREAM Act in this Congress, the Congressional Hispanic Caucus asked Obama to delay the deportation of certain illegally present immigrants, such as students who have been in the U.S. for at least five years and do not have criminal histories.

http://thehill.com/homenews/house/168475-smith-bill-would-freeze-obama- administrations-power-to-grant-amnesty-to-illegal-immigrants
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Sen. Durbin Chairs Hearing on DREAM Act Immigration Measure

The Chicago Sun Times reports that Sen. Dick Durbin of Illinois is trying again to get the DREAM Act passed chaired the first-ever Senate hearing Tuesday on the immigration measure. Durbin re-introduced the measure which fell five votes short in the Senate last December. Among those who testified were Secretary of Homeland Security, Janet Napolitano and Steven A. Camarota, Director of Research for the Center for Immigration Studies.

http://blogs.suntimes.com/sweet/2011/06/sen_durbin_chairs_dream_act_he.html

The Los Angeles Times reports that longtime DREAM Act supporter Sen. Richard Durbin (D-Ill.), who held the first-ever Senate hearing on the bill, acknowledged a “long, long journey” ahead for the legislation. The hearing featured Obama administration officials who testified that passing the legislation would allow law enforcement to focus on illegally present immigrants convicted of crimes, while infusing the ailing economy with well-educated talent. Meanwhile, those who oppose the bill claim it fails to address broader immigration reforms that address border security and visa overstays.

http://articles.latimes.com/2011/jun/28/nation/la-na-dream-act-20110629

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8. Updates from the Visalaw.com Blogs

Greg Siskind’s Blog on ILW.com

  • E-Verify Train Leaves the Station
  • Section by Section Summary of Legal Workforce Act
  • ICE Launches 1,000 I-9 Investigations Nationally
  • Reporting from the AILA 2011 Meeting in San Diego
  • NY Times: Congress Moving Forward With Smaller Measures
  • New ICE Memo Directs Officers to Focus on Criminals
  • Russell Pearce to Face Recall Election
  • McCain Blames Immigrants for Arizona Fires; US Forest Service Says Not True
  • Class Action Filed Over Lottery Fiasco
  • BREAKING NEWS: Pulitzer Prize Winning Journalist Outs Himself as Illegally

    Present Immigrant

  • Not Helpful
  • CIR Bill Introduced by Dems
  • Judge Blocks Parts of Georgia Law
  • DOMA and Gender Equality
  • Trust, But Not E-Verify
  • Republicans – Channel Your Inner Libertarian to Support Immigration Reform
  • Something Rotten in the State of Georgia
  • Louisiana Steps Off Anti-Immigration Plank
  • Mexicans Deciding Mexico is the Better Option
  • Congress to Consider Museum of Immigration
  • Utah House Speaker Unloads on State’s Congressional Delegation for Ignoring

    Immigration Reform

  • Dreamer Seeks Admission to California Bar
  • Why Obama Can Ignore DOMA Now Rather Than Waiting on the Courts
  • USCIS Ombudsman Releases 2011 Report
  • It’s Official: Arizona’s Anti-Immigrant Architect to Face Recall Election
  • August Visa Bulletin Released
  • Colbert Interviews Jose Vargas
  • US Consular Services in Syria Shut Down
  • Mexican Restaurant Chain Owner Sentenced Under Criminal Harboring Rules
  • Obama and Bush Commerce Secretaries Argue for Employment Immigration

    Reform

  • State Department Pulls a Lottery Mulligan
  • Will Anti-Immigrant Law Hurt Tuscaloosa Recovery?
  • Greenspan: We Need Immigrants to Make Up for Problems with US Workforce

The SSB I-9, E-Verify, & Employer Immigration Compliance Blog

  • North Carolina Latest State to Mandate E-Verify Use
  • Louisiana Steps Off Anti-Immigration Plank
  • Mexican Restaurant Owner Sentenced Under Harboring Rules

The Visalaw Healthcare Immigration Blog

PT Board Settles Lawsuit Challenging Bar on Exams for Filipinos and Other Nationalities

Karen Weinstock’s Visalaw Georgia Immigration Blog

  • GEORGIA CRIMINALS TO PICK OUR FRUITS AND VEGGIES?
  • GEORGIA STATE OFFICIALS FILE MOTION TO DISMISS IN FEDERAL COURT
  • MEXICO AND 10 OTHER LATIN AMERICAN COUNTRIES JOIN IN SUIT

    AGAINST HB87

  • 2000 CAB DRIVERS JOIN AGAINST HB87
  • GEORGIA PAROLEES LEAVE FARMING JOBS
  • GEORGIA AGRIBUSINESS LOSS MAY BE $1 BILLION
  • JUDGE THRASH ISSUES INJUNCTION AGAINST HB87
  • INJUNCTION ISSUED AGAINST SECTIONS 7 AND 8 OF HB87
  • MY FAVORITE QUOTES FROM JUDGE THRASH’S DECISION
  • GEORGIA FILES A NOTICE OF APPEAL ON HB87
  • LAWSUIT FILED AGAINST ALABAMA IMMIGRATION LAW
  • HOW HB87 AFFECTS THE RESTAURANT INDUSTRY
  • GEORGIA FARMERS TO STUDY HB87 LOSSES
  • KAREN WEINSTOCK TO SPEAK IN CITY CLUB OF BUCKHEAD ON HB87

9. State Department Visa Bulletin: August 2011

Number 35 Volume IX Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by July 11th. If not all demand could be satisfied, 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. If 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 announced in this bulletin.

2. The fiscal year 2011 limit for family-sponsored preference immigrants determined in accordance with Section 201 of the Immigration and

STATUTOR Y NUMBERS
Nationality Act (INA) is 226,000. The fiscal year 2011 limit for employment-based preference immigrants calculated under INA 201 is 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 for FY-2011. The dependent area limit is set at 2%, or 7,320.

3. 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.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family-sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. 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, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

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.)
All
Family- Chargeabili

Sponsore ty Areas d Except

Those Listed

F1 01MAY04

  1. F2A 22JUL08
  2. F2B 01JUL03
  1. F3 22AUG01
  2. F4 08APR00

CHINA-
mainlan INDIA d born

MEXIC

O

PHILIPPIN ES

15APR96

01MAY0 01MAY0 08MAR9 443

22JUL08 22JUL08 01JUN08 22JUL08

01JUL03 01JUL03 01OCT9 2

22AUG0 22AUG0 15NOV9 112

08APR0 08APR0 08MAR9 006

01DEC00

01APR92

15MAY88

*NOTE: For August, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUN08. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUN08 and earlier than 22JUL08. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

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”. 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 Pub. L. 102-395.

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.)

Employmen t- Based

1st

2nd

3rd

Other Workers

All
Charge-
ability CHINA-
Areas mainlan INDIA Except d born
Those
Listed

MEXIC PHILIPPINE O S
CCCCC

C 15APR0 15APR0 C C 77

01NOV0 08JUL04 01JUN0 01NOV0 01NOV05 525

01MAY0 22APR0 01JUN0 01MAY0 5 3 2 5

01MAY05

4th C C C C C

Certain Religious Workers

5th Targeted Employmen t Areas/ Regional Centers and Pilot Programs

C C C C C

CCCCC

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, 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.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA 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 resulted in reduction of the DV-2011 annual limit 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 August, immigrant numbers in the DV category are available to qualified DV-2011 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
Except

AFRICA

71,800
Ethiopia 32,400

ASIA

39,750

EUROPECURRENT

Uzbekistan
UNA V AILABLE

NORTH
AMERICA CURRENT (BAHAMAS)

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-2011 program ends as of September 30, 2011. DV visas may not be issued to DV- 2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 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 SEPTEMBER

For September, immigrant numbers in the DV category are available to qualified DV-2011 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:

All DV Chargeability

Region Areas Except Except Those Listed

Separately

AFRICA CURRENT Ethiopia 32,700

ASIA CURRENT

EUROPE CURRENT

NORTH
AMERICA CURRENT (BAHAMAS)

OCEANIA CURRENT

Uzbekistan
UNA V AILABLE

SOUTH AMERICA, and the CARIBBEAN

CURRENT

D. SEPTEMBER VISA AVAILABILITY

Heavy applicant demand for numbers in the Family First preference could require retrogression of some of the September Family First preference cut- off dates. This action may be necessary to keep visa issuances within the respective annual preference numerical limits. If this were to occur they could be expected to return to the previous cut-off date for October, the first month of the new fiscal year.

E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Sections 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On June 9th, USCIS provided the required data to VO.

The Department of State has determined the Family and Employment preference numerical limits for FY-2011 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2011 are as follows:

Worldwide Family-Sponsored preference limit: 226,000 Worldwide Employment-Based preference limit: 140,000

Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2011 the per-country limit is 25,620. The dependent area annual limit is 2%, or 7,320.

F. OBTAINING THE MONTHLY VISA BULLETIN
The Department of State’s Bureau of Consular Affairs publishes the monthly

Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.

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:

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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:

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Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (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:July 11, 2011
bA.

1. This bulletin summarizes the availability of immigrant numbers during July. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by June 8th. If not all demand could be satisfied, 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. If 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 announced in this bulletin.

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. 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.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family- sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES
First (F1): Unmarried Sons and Daughters of U.S. 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, plus any unused first preference numbers:
A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third (F3): Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth (F4): Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

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.)

Family- Sponsored

All Chargeability CHINA- Areas Except mainland Those Listed born

INDIA MEXICO PHILIPPINES

01MAY04 08MAR93 15APR96

22MAR08 15FEB08 22MAR08

01JUL03 22SEP92 22SEP00

15JUL01 15NOV92 22MAR92

08MAR00 01MAR96 15MAY88

F1 01MAY04 01MAY04

  1. F2A 22MAR08 22MAR08
  2. F2B 01JUL03 01JUL03
  1. F3 15JUL01 15JUL01
  2. F4 08MAR00 08MAR00

*NOTE: For July, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15FEB08. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15FEB08 and earlier than 22MAR08. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

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”.

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.

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.)

Employment- Based

1st
2nd
3rd
Other Workers

All Charge- CHINA- ability Areas mainland Except born Those Listed

INDIA MEXICO PHILIPPINES

C C C C C

C 08MAR07 08OCT05 01JUL04 22NOV04 22APR03

08MAR07 C C

01MAY02 01JUL05 08OCT05

01MAY02 22NOV04 22NOV04

4th C C C C C

Certain Religious Workers

5th
Targeted Employment Areas/ Regional Centers and Pilot Programs

CCCCC

CCCCC

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, 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.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA 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 resulted in reduction of the DV-2011 annual limit 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 July, immigrant numbers in the DV category are available to qualified DV-2011 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:
All DV Chargeability Areas Except Except Those Listed Separately

Egypt 35,000 57,600 Ethiopia 30,650

Nigeria 18,500

33,775

33,000 Uzbekistan 28,200

12

OCEANIA 1,400

Region

AFRICA

ASIA

EUROPE

NORTH AMERICA (BAHAMAS)

SOUTH AMERICA, and the CARIBBEAN

1,400

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-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 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 AUGUST

For August, immigrant numbers in the DV category are available to qualified DV- 2011 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

AFRICA

All DV Chargeability Areas Except Except Those Listed Separately

71,800 Ethiopia 32,400

ASIA 39,750

EUROPE

NORTH AMERICA (BAHAMAS)

CURRENT Uzbekistan UNAVAILABLE

CURRENT

OCEANIA CURRENT

SOUTH AMERICA, and the CARIBBEAN

CURRENT

D. OBTAINING THE MONTHLY VISA BULLETIN A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during August. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by July 11th. If not all demand could be satisfied, 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. If 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 announced in this bulletin.

2. The fiscal year 2011 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 2011 limit for employment-based preference immigrants calculated under INA 201 is 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 for FY-2011. The dependent area limit is set at 2%, or 7,320.

3. 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.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family- sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES
First: (F1) Unmarried Sons and Daughters of U.S. 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, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

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.)

Family- Sponsored

All
Chargeability CHINA- Areas mainland Except Those born Listed

INDIA MEXICO

PHILIPPINES

F1 01MAY04 01MAY04 01MAY04 08MAR93 15APR96

F2A 22JUL08 22JUL08 22JUL08 01JUN08 22JUL08

F2B 01JUL03 01JUL03

01JUL03 01OCT92

01DEC00

F3 22AUG01 22AUG01 22AUG01 15NOV92 01APR92

F4 08APR00 08APR00

08APR00 08MAR96

15MAY88

*NOTE: For August, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01JUN08. F2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUN08 and earlier than 22JUL08. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment-based immigrant visas as follows:

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”.

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 Pub. L. 102-395.

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.)

Employment- Based

All
Charge-
ability CHINA-
Areas mainland INDIA MEXICO PHILIPPINES Except born
Those
Listed

1st CCCCC

2nd C 15APR07 15APR07 C C

3rd

Other Workers

4th

Certain Religious Workers

5th
Targeted Employment Areas/ Regional Centers and Pilot Programs

01NOV05 08JUL04 01JUN02 01NOV05 01NOV05

01MAY05 22APR03 01JUN02 01MAY05 01MAY05

CCCCC

CCCCC

CCCCC

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, 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.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA 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 resulted in reduction of the DV-2011 annual limit 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 August, immigrant numbers in the DV category are available to qualified DV- 2011 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

AFRICA

All DV Chargeability Areas Except Those Listed Separately

71,800

Except

Ethiopia 32,400

Uzbekistan UNAVAILABLE

ASIA 39,750

EUROPE

NORTH AMERICA (BAHAMAS)

OCEANIA

SOUTH AMERICA, and the CARIBBEAN

CURRENT

CURRENT

CURRENT

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-2011 program ends as of September 30, 2011. DV visas may not be issued to DV-2011 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2011 principals are only entitled to derivative DV status until September 30, 2011. DV visa availability through the very end of FY-2011 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 SEPTEMBER

For September, immigrant numbers in the DV category are available to qualified DV-2011 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 Except Those Listed Separately

AFRICA CURRENT Ethiopia 32,700

ASIA CURRENT

EUROPE CURRENT

Uzbekistan UNAVAILABLE

NORTH AMERICA (BAHAMAS)

CURRENT

OCEANIA
CURRENT

SOUTH AMERICA, and the CARIBBEAN

CURRENTD. SEPTEMBER VISA AVAILABILITY

Heavy applicant demand for numbers in the Family First preference could require retrogression of some of the September Family First preference cut-off dates. This action may be necessary to keep visa issuances within the respective annual preference numerical limits. If this were to occur they could be expected to return to the previous cut-off date for October, the first month of the new fiscal year.

E. DETERMINATION OF THE NUMERICAL LIMITS ON IMMIGRANTS REQUIRED UNDER THE TERMS OF THE IMMIGRATION AND NATIONALITY ACT (INA)

The State Department is required to make a determination of the worldwide numerical limitations, as outlined in Sections 201(c) and (d) of the INA, on an annual basis. These calculations are based in part on data provided by U.S. Citizen and Immigration Services (USCIS) regarding the number of immediate relative adjustments in the preceding year and the number of aliens paroled into the United States under Section 212(d)(5) in the second preceding year. Without this information, it is impossible to make an official determination of the annual limits. To avoid delays in processing while waiting for the CIS data, the Visa Office (VO) bases allocations on the minimum annual limits outlined in Section 201 of the INA. On June 9th, USCIS provided the required data to VO.

The Department of State has determined the Family and Employment preference numerical limits for FY-2011 in accordance with the terms of Section 201 of the INA. These numerical limitations for FY-2011 are as follows:

Worldwide Family-Sponsored preference limit: 226,000 Worldwide Employment-Based preference limit: 140,000

Under INA Section 202(a), the per-country limit is fixed at 7% of the family and employment annual limits. For FY-2011 the per-country limit is 25,620. The dependent area annual limit is 2%, or 7,320.

F. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.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: (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:July 11, 2011

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to:

http://www.travel.state.gov/visa/bulletin/bulletin_1360.html. 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: (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: June 8, 2011