NYC BUSINESS IMMIGRATION LAWYER #VISA BULLETIN FOR FEBRUARY 2015

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR FEBRUARY 2015:                                                   LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 ...

VISA BULLETIN FOR FEBRUARY 2015

                                                 

LAW OFFICES OF NORKA M. SCHELL, LLC

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589/ (973)621-9300

Website www.lawschell.com 

The following summary is the visa numbers availability for February 2015 by the Department of State. 


FAMILY-SPONSORED PREFERENCES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	22JUL07	22JUL07	22JUL07	01OCT94	08JAN05
F2A	08MAY13	08MAY13	08MAY13	22APR13	08MAY13
F2B	22MAY08	22MAY08	22MAY08	15DEC94	22FEB04
F3	01JAN04	01JAN04	01JAN04	15JAN94	15JUL93
F4	15APR02	15APR02	15APR02	22APR97	08AUG91

EMPLOYMENT-BASED PREFEENCES

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	15MAR10	01SEP05	C	C
3rd	01JAN14	01SEP11	22DEC03	01JAN14	01JAN14
Other Workers	01JAN14	15AUG05	22DEC03	01JAN14	01JAN14
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted EmploymentAreas/ Regional Centers and Pilot Programs	C	C	C	C	C

For more information on the availability of visa numbers and priority dates,please contact the Law Offices of Norka M. Schell, LLC at (212)564-1589.  Thank you. 

VISA BULLETIN FOR EMPLOYMENT-BASED PREFERENCES FOR

LAW OFFICES OF NORKA M. SCHELL, LLC

11 Broadway, Suite 615

New York, NY 10004

Tel. (212)564-1589

Website: www.lawschell.com

Summary from the Department of State of the availability of immigrant numbers for Employment-Based Preferences during January 2015.

Employment- Based	All Chargeability Areas Except Those Listed	CHINA - mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01FEB10	15FEB05	C	C
3rd	01JUN13	01MAR11	15DEC03	01JUN13	01JUN13
Other Workers	01JUN13	22JUL05	15DEC03	01JUN13	01JUN13
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th Targeted Employment Areas/ Regional Centers and Pilot Programs	C	C	C	C	C

FAMILY-SPONSORED PREFERENCES VISA BULLETIN FOR JANUARY 2015

LAW OFFICES OF NORKA M. SCHELL, LLC

11 Broadway, Suite 615

New York, NY 1004

Tel. (212)564-1589

Website: www.lawschell.com

The following is a summary from the U.S. Department of State of the availability of the immigrant visa numbers for Family-Sponsored Preferences during the month of January 2015.


 FAMILY-SPONSORED PREFERENCES

Family-Sponsored	All Chargeability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPPINES
F1	08JUL07	08JUL07	08JUL07	15SEP94	22DEC04
F2A	15APR13	15APR13	15APR13	22FEB13	15APR13
F2B	01APR08	01APR08	01APR08	01NOV94	01FEB04
F3	22DEC03	22DEC03	22DEC03	15DEC93	08JUL93
F4	22MAR02	22MAR02	22MAR02	22MAR97	15JUL91

Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes

DEPARTMENT OF HOMELAND SECURITY

Office of the Secretary

6 CFR Part 37

RIN 1601–AA74

[Docket No. DHS–2006–0030]

Minimum Standards for Driver’s Licenses and Identification Cards Acceptable by Federal Agencies for Official Purposes

AGENCY: Office of the Secretary, DHS.

ACTION: Final rule.

SUMMARY: Pursuant to REAL ID regulations, beginning December 1, 2014, federal agencies may not accept State-issued driver’s licenses or identification cards for official purposes from individuals born after December 1, 1964, unless the license or card is REAL ID-compliant and was issued by a compliant State as determined by DHS.

Also, beginning December 1, 2017, federal agencies may not accept driver’s licenses or identification cards for official purposes from any individual unless the card is REAL ID-compliant and was issued by a compliant State as determined by DHS. This final rule changes both document enrollment dates to October 1, 2020.

Nothing in this rule affects the prohibition against federal agencies accepting for official purposes licenses and identification cards issued by noncompliant States, pursuant to the REAL ID Act and in accordance to the phased enforcement schedule.

DATES: Effective on December 29, 2014.

FOR FURTHER INFORMATION CONTACT: Ted Sobel, Director, Office of State-Issued Identification Support, Screening Coordination Office, Department of Homeland Security, Washington, DC 20528, (202) 282–9570.

NOTICE OF REQUEST FOR INFORMATION ON RECOMMENDATIONS TO STREAMLINE AND IMPROVE THE NATION'S LEGAL IMMIGRATION SYSTEM

Department of State, Department of Homeland Security
[DHS Docket No. USCIS-2014-0014]

Immigration Policy, Department of State; Department of Homeland Security
ACTION: NOTICE OF REQUEST FOR INFORMATION

SUMMARY: On November 21, 2014, the President issued a memorandum of the heads of executive departments and agencies on the subject of modernizing and streamlining the U.S. immigrant and nonimmigrant visa system of the 21st century. The Memorandum directs the Secretaries of State and Homeland Security, in consultation with various other Cabinet secretaries and the While House, to make recommendations to streamline and improve the Nation's legal immigration system. Such effort should focus on reducing Government costs, improving services for applicants, reducing burdens on employers, and combating waste, fraud, and abuse in the system, while safeguarding the interests of American workers. This notice solicits public input to inform the development of those recommendation.

DATES: Responses must be received by January 29, 2015 to be considered.

ADDRESSES: You may submit comments by any of the following methods:

• Email:USCISFRComment@uscis.dhs.gov. Indude Visa Modernization in the subject line of the message. 
• Online: You may access the Federal Register Notice and submit comments via the Federal eRulemaking Portal Website by visiting www.regulations.gov. In the search box either copy and paste, or type in, the e-Docket ID number USCIS-2014-0014. 
• Mail: Attn: Laura Dawkins, Chief of the Regulatory Coordination Division, Massachusetts Avenue NW., Washington, DC 20529-2140. 

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Haitian and Cuban Family Reunification Parole Prog...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: Haitian and Cuban Family Reunification Parole Prog...: FOR IMMEDIATE RELEASE On December 18, U.S. Citizenship and Immigration Services (USCIS) published  two  Federal Register notices. Th...

Haitian and Cuban Family Reunification Parole Programs

FOR IMMEDIATE RELEASE

On December 18, U.S. Citizenship and Immigration Services (USCIS) published two Federal Register notices. These notices relate to the Haitian Family Reunification Parole (HFRP) Program and the Cuban Family Reunification Parole (CFRP) Program. Please see specifics regarding both programs identified below.

HFRP Program:  On October 17, 2014, USCIS announced that it would begin preparatory work to implement a HFRP Program in early 2015. The purpose of the HFRP Program is to expedite family reunification for certain Haitian family members of U.S. citizens and lawful permanent residents (LPRs). By expanding existing legal means for Haitians to immigrate, the HFRP Program serves a significant public benefit by promoting safe, legal and orderly migration from Haiti to the United States.  In addition, it supports U.S. goals for Haiti’s long-term reconstruction and development.

On December 18, USCIS published a Federal Register notice establishing the HFRP Program. This program will allow certain eligible Haitian beneficiaries of family-based immigrant visa petitions approved on or before December 18, 2014, who are currently in Haiti, to be paroled into the United States up to approximately two years before their immigrant visa priority dates become current. Once paroled into the U.S., these beneficiaries will be able to apply for work permits while waiting for their immigrant visas to become available. Once their visa is available, they can apply for LPR status. 

On or after February 2, 2015, the U.S. Department of State National Visa Center will begin sending invitations to eligible petitioners to apply for the HFRP Program on behalf of their family members. The invitation that is sent to eligible U.S. petitioners will provide instructions on how to file the Form I-131, Application for Travel Document, and submit the required fee or fee waiver request to apply. 

CFRP Program: In 2007, USCIS announced the CFRP Program in support of the U.S. Government’s commitment under the U.S.-Cuba Migration Accords to ensure the legal migration to the United States of a minimum of 20,000 Cubans annually. Under the CFRP Program, USCIS offers certain beneficiaries of approved family-based immigrant visa petitions the opportunity to be paroled into the United States to apply for lawful permanent resident status, rather than remain in Cuba waiting for their immigrant visas to become available. The purpose of the program is to expedite family reunification through safe, legal, and orderly channels of migration to the United States and to discourage irregular and inherently dangerous maritime migration.

On December 18, USCIS published a Federal Register Notice announcing changes to this program that will require invited petitioners to file a Form I-131, Application for Travel Document, and submit the required fee or fee waiver request to have their beneficiary considered for parole under the CFRP Program in the future. These changes bring parole requests under the CFRP Program in line with most other parole requests filed on behalf of individuals outside the United States, including parole requests under the HFRP Program.

USCIS will “grandfather” cases that were already in process prior to December 18, 2014. In addition, USCIS will “grandfather” cases filed by petitioners who received a program eligibility notice from the NVC at any time prior to December 18, 2014, and who submitted to the NVC before February 17, 2015, complete documentation necessary to apply for the CFRP Program. These “grandfathered” cases will not be subject to the new filing requirements, i.e., the submission of Form I-131 with the required fee or a fee waiver request. A complete application package will be grandfathered only if the required documentation is postmarked before February 17, 2015.

Types of Immigration Related Unfair Employment Practices Discrimination

The following are types of discriminatory conduct under the anti-discrimination provision of the Immigration and Nationality Act (INA), 8 U.S.C. § 1324b.

1) Citizenship or immigration status discrimination with respect to hiring, firing, and recruitment or referral for a fee by employers with four or more employees.

Employers may not treat individuals differently because they are, or are not, U.S. citizens or work authorized individuals. U.S. citizens, recent permanent residents, temporary residents, asylees and refugees are protected from citizenship status discrimination. Exceptions: permanent residents who do not apply for naturalization within six months of eligibility are not protected from citizenship status discrimination. Citizenship status discrimination which is otherwise required to comply with law, regulation, executive order, or government contract is permissible by law.

2) National origin discrimination with respect to hiring, firing, and recruitment or referral for a fee, by employers with more than three and fewer than 15 employees.

Employers may not treat individuals differently because of their place of birth, country of origin, ancestry, native language, accent, or because they are perceived as looking or sounding "foreign." All U.S. citizens, lawful permanent residents, and work authorized individuals are protected from national origin discrimination. The Equal Employment Opportunity Commission has jurisdiction over employers with 15 or more employees.

3) Unfair documentary practices related to verifying the employment eligibility of employees.

Employers may not request more or different documents than are required to verify employment eligibility, reject reasonably genuine-looking documents, or specify certain documents over others with the purpose or intent of discriminating on the basis of citizenship status or national origin. U.S. citizens and all work authorized individuals are protected from document abuse.

4) Retaliation/Intimidation.

Individuals who file charges with the Office of Special Counsel for Immigration Related Unfair Employment Practices ("OSC"), who cooperate with an OSC investigation, who contest action that may constitute unfair documentary practices or discrimination based upon citizenship or immigration status, or national origin, or who assert their rights under the INA's anti-discrimination provision are protected from intimidation, threats, coercion, and retaliation. http://www.justice.gov/crt/about/osc/htm/Webtypes2005.php

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: WHITE HOUSE FACT SHEET ON RE-ESTABLISHMENT OF DIPL...

IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: WHITE HOUSE FACT SHEET ON RE-ESTABLISHMENT OF DIPL...: FACT SHEET: Charting a New Course on Cuba Yesterday, the United States is taking historic steps to chart a new course in our relations w...

WHITE HOUSE FACT SHEET ON RE-ESTABLISHMENT OF DIPLOMATIC RELATIONS WITH CUBA

FACT SHEET: Charting a New Course on Cuba

Yesterday, the United States is taking historic steps to chart a new course in our relations with Cuba and to further engage and empower the Cuban people.  We are separated by 90 miles of water, but brought together through the relationships between the two million Cubans and Americans of Cuban descent that live in the United States, and the 11 million Cubans who share similar hopes for a more positive future for Cuba.

It is clear that decades of U.S. isolation of Cuba have failed to accomplish our enduring objective of promoting the emergence of a democratic, prosperous, and stable Cuba.  At times, longstanding U.S. policy towards Cuba has isolated the United States from regional and international partners, constrained our ability to influence outcomes throughout the Western Hemisphere, and impaired the use of the full range of tools available to the United States to promote positive change in Cuba.  Though this policy has been rooted in the best of intentions, it has had little effect – today, as in 1961, Cuba is governed by the Castros and the Communist party.

We cannot keep doing the same thing and expect a different result.  It does not serve America’s interests, or the Cuban people, to try to push Cuba toward collapse.  We know from hard-learned experience that it is better to encourage and support reform than to impose policies that will render a country a failed state.  With our actions today, we are calling on Cuba to unleash the potential of 11 million Cubans by ending unnecessary restrictions on their political, social, and economic activities.  In that spirit, we should not allow U.S. sanctions to add to the burden of Cuban citizens we seek to help.

Today, we are renewing our leadership in the Americas.  We are choosing to cut loose the anchor of the past, because it is entirely necessary to reach a better future – for our national interests, for the American people, and for the Cuban people.

Key Components of the Updated Policy Approach:

Since taking office in 2009, President Obama has taken steps aimed at supporting the ability of the Cuban people to gain greater control over their own lives and determine their country’s future.  Today, the President announced additional measures to end our outdated approach, and to promote more effectively change in Cuba that is consistent with U.S. support for the Cuban people and in line with U.S. national security interests.  Major elements of the President’s new approach include:

Establishing diplomatic relations with Cuba-

The President has instructed the Secretary of State to immediately initiate discussions with Cuba on the re-establishment of diplomatic relations with Cuba, which were severed in January 1961.

In the coming months, we will re-establish an embassy in Havana and carry out high-level exchanges and visits between our two governments as part of the normalization process.  As an initial step, the Assistant Secretary of State for Western Hemisphere Affairs will lead the U.S. Delegation to the next round of U.S.-Cuba Migration Talks in January 2015, in Havana.

U.S. engagement will be critical when appropriate and will include continued strong support for improved human rights conditions and democratic reforms in Cuba and other measures aimed at fostering improved conditions for the Cuban people.

The United States will work with Cuba on matters of mutual concern and that advance U.S. national interests, such as migration, counter-narcotics, environmental protection, and trafficking in persons, among other issues.

Adjusting regulations to more effectively empower the Cuban people-

The changes announced today will soon be implemented via amendments to regulations of the Departments of the Treasury and Commerce.   Our new policy changes will further enhance our goal of empowering the Cuban population.

Our travel and remittance policies are helping Cubans by providing alternative sources of information and opportunities for self-employment and private property ownership, and by strengthening independent civil society.

These measures will further increase people-to-people contact; further support civil society in Cuba; and further enhance the free flow of information to, from, and among the Cuban people.  Persons must comply with all provisions of the revised regulations; violations of the terms and conditions are enforceable under U.S. law.

Facilitating an expansion of travel under general licenses for the 12 existing categories of travel to Cuba authorized by law-

General licenses will be made available for all authorized travelers in the following existing categories: (1) family visits; (2) official business of the U.S. government, foreign governments, and certain intergovernmental organizations; (3) journalistic activity; (4) professional research and professional meetings; (5) educational activities; (6) religious activities; (7) public performances, clinics, workshops, athletic and other competitions, and exhibitions; (8) support for the Cuban people; (9) humanitarian projects; (10) activities of private foundations or research or educational institutes; (11) exportation, importation, or transmission of information or information materials; and (12) certain export transactions that may be considered for authorization under existing regulations and guidelines.

Travelers in the 12 categories of travel to Cuba authorized by law will be able to make arrangements through any service provider that complies with the U.S. Treasury’s Office of Foreign Assets Control (OFAC) regulations governing travel services to Cuba, and general licenses will authorize provision of such services.

The policy changes make it easier for Americans to provide business training for private Cuban businesses and small farmers and provide other support for the growth of Cuba’s nascent private sector.  Additional options for promoting the growth of entrepreneurship and the private sector in Cuba will be explored.

Facilitating remittances to Cuba by U.S. persons-

Remittance levels will be raised from $500 to $2,000 per quarter for general donative remittances to Cuban nationals (except to certain officials of the government or the Communist party); and donative remittances for humanitarian projects, support for the Cuban people, and support for the development of private businesses in Cuba will no longer require a specific license.

Remittance forwarders will no longer require a specific license.

Authorizing expanded commercial sales/exports from the United States of certain goods and services-

The expansion will seek to empower the nascent Cuban private sector.  Items that will be authorized for export include certain building materials for private residential construction, goods for use by private sector Cuban entrepreneurs, and agricultural equipment for small farmers.  This change will make it easier for Cuban citizens to have access to certain lower-priced goods to improve their living standards and gain greater economic independence from the state.

Authorizing American citizens to import additional goods from Cuba-

Licensed U.S. travelers to Cuba will be authorized to import $400 worth of goods from Cuba, of which no more than $100 can consist of tobacco products and alcohol combined.

Facilitating authorized transactions between the United States and Cuba-

U.S. institutions will be permitted to open correspondent accounts at Cuban financial institutions to facilitate the processing of authorized transactions.

The regulatory definition of the statutory term “cash in advance” will be revised to specify that it means “cash before transfer of title”; this will provide more efficient financing of authorized trade with Cuba.

U.S. credit and debit cards will be permitted for use by travelers to Cuba.

These measures will improve the speed, efficiency, and oversight of authorized payments between the United States and Cuba.

Initiating new efforts to increase Cubans’ access to communications and their ability to communicate freely-

Cuba has an internet penetration of about five percent—one of the lowest rates in the world.  The cost of telecommunications in Cuba is exorbitantly high, while the services offered are extremely limited.

The commercial export of certain items that will contribute to the ability of the Cuban people to communicate with people in the United States and the rest of the world will be authorized.  This will include the commercial sale of certain consumer communications devices, related software, applications, hardware, and services, and items for the establishment and update of communications-related systems.

 Telecommunications providers will be allowed to establish the necessary mechanisms, including infrastructure, in Cuba to provide commercial telecommunications and internet services, which will improve telecommunications between the United States and Cuba.

Updating the application of Cuba sanctions in third countries-

U.S.-owned or -controlled entities in third countries will be generally licensed to provide services to, and engage in financial transactions with, Cuban individuals in third countries.  In addition, general licenses will unblock the accounts at U.S. banks of Cuban nationals who have relocated outside of Cuba; permit U.S. persons to participate in third-country professional meetings and conferences related to Cuba; and, allow foreign vessels to enter the United States after engaging in certain humanitarian trade with Cuba, among other measures.

Pursuing discussions with the Cuban and Mexican governments to discuss our unresolved maritime boundary in the Gulf of Mexico-

Previous agreements between the United States and Cuba delimit the maritime space between the two countries within 200 nautical miles from shore.  The United States, Cuba, and Mexico have extended continental shelf in an area within the Gulf of Mexico where the three countries have not yet delimited any boundaries.

The United States is prepared to invite the governments of Cuba and Mexico to discuss shared maritime boundaries in the Gulf of Mexico.

Initiating a review of Cuba’s designation as a State Sponsor of Terrorism-

The President has instructed the Secretary of State to immediately launch such a review, and provide a report to the President within six months regarding Cuba’s support for international terrorism.  Cuba was placed on the list in 1982.

Addressing Cuba’s participation in the 2015 Summit of the Americas in Panama-

President Obama will participate in the Summit of the Americas in Panama.  Human rights and democracy will be key Summit themes.  Cuban civil society must be allowed to participate along with civil society from other countries participating in the Summit, consistent with the region’s commitments under the Inter-American Democratic Charter.  The United States welcomes a constructive dialogue among Summit governments on the Summit’s principles.

Unwavering Commitment to Democracy, Human Rights, and Civil Society

A critical focus of our increased engagement will include continued strong support by the United States for improved human rights conditions and democratic reforms in Cuba.  The promotion of democracy supports universal human rights by empowering civil society and a person’s right to speak freely, peacefully assemble, and associate, and by supporting the ability of people to freely determine their future.   Our efforts are aimed at promoting the independence of the Cuban people so they do not need to rely on the Cuban state.

The U.S. Congress funds democracy programming in Cuba to provide humanitarian assistance, promote human rights and fundamental freedoms, and support the free flow of information in places where it is restricted and censored.  The Administration will continue to implement U.S. programs aimed at promoting positive change in Cuba, and we will encourage reforms in our high level engagement with Cuban officials.

The United States encourages all nations and organizations engaged in diplomatic dialogue with the Cuban government to take every opportunity both publicly and privately to support increased respect for human rights and fundamental freedoms in Cuba.

Ultimately, it will be the Cuban people who drive economic and political reforms.  That is why President Obama took steps to increase the flow of resources and information to ordinary Cuban citizens in 2009, 2011, and today.  The Cuban people deserve the support of the United States and of an entire region that has committed to promote and defend democracy through the Inter-American Democratic Charter.

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