Dear Readers:

We return to our regular format this week after last week’s special issue on legislative developments. The passage of a major J-1 physician bill and a comprehensive H-1B/L-1 reform package as well as the defeat of the 9/11 bill (which contained a number of potentially far-reaching immigration provisions) all came within hours of each other. The two bills that passed were the only two major immigration bills to pass this year.

One item that was not addressed by Congress will loom when the new legislative session begins in January is the coming establishment of cut off dates in the EB-3 green card category. Many are predicting that dates will roll back to mid-2001. If that happens, a range of hardships will follow for those needing to finalize green card processing and are stuck waiting on a visa to become available. It will also cause problems for those who are prevented from filing adjustment of status petitions because of the backlog.

What to do? First, do everything possible to get your adjustment cases filed by the end of the year. Cases pending are likely to be continued as needed until a priority date is filed. If you are waiting on a labor certification, discuss with your lawyer the possibility of filing based on a category that does not depend on a labor certification. Talk to your lawyer about non-immigrant visa options and about extending your status as needed while you wait on a priority date.

And, of course, work to get Congress to address the problem. One fix would be to extend the “borrowing” provision in the AC21 immigration law, which allowed the State Department to pull unused green card numbers from 1999 and 2000. Congress could extend that provision and free up enough visas to make this problem go away. These are green card slots that Congress allocated already and a provision like this is not the same as raising the green card caps.

Stay tuned for more news on this coming crisis.

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In firm news, I’m quoted today in the American Hospital Association’s AHA News regarding the coming EB-3 rollback and its effect on nursing immigration.  You can find the article on our web site at www.visalaw.com/news/.

And readers will note that this week’s News from the Courts features a win by Siskind Susser’s very own Jack Richbourg. This is a win in the Sixth Circuit and carries precedent within its jurisdiction. Congratulations Jack!

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As always, we remind readers that we're lawyers who make our living representing immigration clients and employers seeking to comply with immigration laws. We would love to discuss becoming your law firm. Just go to http://www.visalaw.com/intake.html to request an appointment or call us at 800-748-3819 or 901-682-6455.

Regards,

Greg Siskind