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January 3, 2012
IMMIGRATION AND POLICY: FAIRNESS FOR HIGH-SKILLED WORKERS ACT
IMMIGRATION AND POLICY: FAIRNESS FOR HIGH-SKILLED WORKERS ACT: Posted by Norka M. Schell, Esq. http://www.lawschell.com/ The U.S. House of Representative has overwhelmingly passed the...
FAIRNESS FOR HIGH-SKILLED WORKERS ACT
Posted by Norka M. Schell, Esq.
http://www.lawschell.com/
The U.S. House of Representative has overwhelmingly passed the Fairness for High-Skilled Workers Act (H.R. 3012), a bill that should change the way employment-based (EB) green cards are allocated by eliminating country-specific quotas.
If the bill becomes law, it will equalize the waiting times for EB permanent residence, which would result in significant advancement in EB green card availability for India and China and retrogression for certain other countries. The bill would also increase the country-specific quotas for family-based green cards.
The bill will not become law until it passes the Senate and is signed by the President.
Under the current law, no more than seven percent of the total number of EB green cards can be allocated to the natives of any single country. If there are more green card applications than immigrant visa numbers in an EB category for a specific country, the State Department determines a cut-off date for applications. A foreign national whose priority date is earlier than the cut-off date for his EB category and country of birth is eligible to apply for adjustment of status or immigrant visa. A foreign national whose priority date is later than the cut-off must wait in a green card queue until more immigrant visas become available for his country of birth and preference category.
If the bill is enacted, the way EB green cards are allocated would change significantly. The seven percent limit per country would be eliminated in 2015. Instead of separated queues for each country each EB green card category, there would be a eventually a single queue for each employment-based green card.
http://www.lawschell.com/
The U.S. House of Representative has overwhelmingly passed the Fairness for High-Skilled Workers Act (H.R. 3012), a bill that should change the way employment-based (EB) green cards are allocated by eliminating country-specific quotas.
If the bill becomes law, it will equalize the waiting times for EB permanent residence, which would result in significant advancement in EB green card availability for India and China and retrogression for certain other countries. The bill would also increase the country-specific quotas for family-based green cards.
The bill will not become law until it passes the Senate and is signed by the President.
Under the current law, no more than seven percent of the total number of EB green cards can be allocated to the natives of any single country. If there are more green card applications than immigrant visa numbers in an EB category for a specific country, the State Department determines a cut-off date for applications. A foreign national whose priority date is earlier than the cut-off date for his EB category and country of birth is eligible to apply for adjustment of status or immigrant visa. A foreign national whose priority date is later than the cut-off must wait in a green card queue until more immigrant visas become available for his country of birth and preference category.
If the bill is enacted, the way EB green cards are allocated would change significantly. The seven percent limit per country would be eliminated in 2015. Instead of separated queues for each country each EB green card category, there would be a eventually a single queue for each employment-based green card.
CHANGED FILING LOCATION FOR FORM I-130
Posted by Norka M. Schell, Esq.
www.LawSchell.com
USCIS changed the filing location for Form I-130, Petition for Alien Relative on January 1, 2012. From now on domestic petitioners must mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States.
Note that there will be no change in filing locations when submitting Form I-130 along with Form I-485. Individuals who submit their Form I-130 packages to the incorrect Lockbox location may experience a delay in processing. USCIS NEWS
www.LawSchell.com
USCIS changed the filing location for Form I-130, Petition for Alien Relative on January 1, 2012. From now on domestic petitioners must mail their stand-alone I-130 applications to either the Chicago Lockbox or the Phoenix Lockbox, depending on where they reside in the United States.
Note that there will be no change in filing locations when submitting Form I-130 along with Form I-485. Individuals who submit their Form I-130 packages to the incorrect Lockbox location may experience a delay in processing. USCIS NEWS
USCIS REMINDS SHEEPHERDING INDUSTRY
USCIS has issued a remainder to the sheepherding industry of the upcoming expiration of the one-time accommodation giving them more time to fully transition to the three-year limitation-of-stay requirements for the H-2A nonimmigrant classification.
USCIS announced the limitation-of-stay requirements under the final rule that became effective on January 17, 2009. USCIS granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry's poor exemption from the three-year limitation. This exemption did not impact other H-2A categories.
Time spent as an H-2A sheepherder before the final rule became effective has not counted toward the three-year maximum period of stay. Instead, USCIS started the dock on January 17, 2009, for H-2A sheepherders lawfully present in the United States on that date.
All H-2A nonimmigrant workers, including sheepherders, are subject to a three-month departure requirement once they have been in the United States in H-2A status for a maximum three-year period. For example, H-2A sheepherders present in the United States on January 17, 2009, must depart by January 16, 2012, and remain outside the country for at lease three months before being granted H-2A classification again. USCIS NEWS
USCIS announced the limitation-of-stay requirements under the final rule that became effective on January 17, 2009. USCIS granted a one-time accommodation for sheepherders in H-2A status in December 2009 in deference to their industry's poor exemption from the three-year limitation. This exemption did not impact other H-2A categories.
Time spent as an H-2A sheepherder before the final rule became effective has not counted toward the three-year maximum period of stay. Instead, USCIS started the dock on January 17, 2009, for H-2A sheepherders lawfully present in the United States on that date.
All H-2A nonimmigrant workers, including sheepherders, are subject to a three-month departure requirement once they have been in the United States in H-2A status for a maximum three-year period. For example, H-2A sheepherders present in the United States on January 17, 2009, must depart by January 16, 2012, and remain outside the country for at lease three months before being granted H-2A classification again. USCIS NEWS
JUSTICE DEPARTMENT SETTLES ALLEGATIONS OF CITIZENSHIP STATUS DISCRIMINATION AND RETALIATION AGAINST GEORGIA RUG MANUFACTURE
Posted by: Norka M. Schell, Esq.
www.LawSchell.com
"Employers may not treat authorized workers differently during the hiring process based on their national origin or citizenship status. It is illegal when employers take action against workers for asserting their federally protected rights and that type of behavior will be vigorously investigated and prosecuted." Thomas E. Perez.
The Justice Department settled with Garland Sales, Inc., a Georgia rug manufacturer, resolving allegations that it engaged in discrimination by imposing unnecessary documentary requirements on individuals of Hispanic origin when establishing their eligibility to work in the United States, and that it retaliated against a worker for protesting his discriminatory treatment. According to the settlement, Garland has agreed to pay $10,000. in back pay and civil penalties, and to undergo training on proper employment eligibility verification practices. www.justice.gov/opa/pr/2011/December/11-crt-1718.html
www.LawSchell.com
"Employers may not treat authorized workers differently during the hiring process based on their national origin or citizenship status. It is illegal when employers take action against workers for asserting their federally protected rights and that type of behavior will be vigorously investigated and prosecuted." Thomas E. Perez.
The Justice Department settled with Garland Sales, Inc., a Georgia rug manufacturer, resolving allegations that it engaged in discrimination by imposing unnecessary documentary requirements on individuals of Hispanic origin when establishing their eligibility to work in the United States, and that it retaliated against a worker for protesting his discriminatory treatment. According to the settlement, Garland has agreed to pay $10,000. in back pay and civil penalties, and to undergo training on proper employment eligibility verification practices. www.justice.gov/opa/pr/2011/December/11-crt-1718.html
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