An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as seeking an admission and may not be charged with inadmissibility under section 212(a) of the INA, if he or she does not fall within any of the exception in section 101(a)(13)(C) of the Act. Matter of Koloamatangi, 23 I&N Dec. 548 (BIA 2003) distinguished.
DISCLAIMER: THE INFORMATION IN THIS BLOG IS PROVIDED FOR GENERAL INFORMATION ONLY. THE OFFICE OF NORKA M. SCHELL, LLC AND/OR ITS MEMBERS AND/OR EMPLOYEES MAKE NO WARRANTY REGARDING THE ACCURACY OF THIS INFORMATION. WHILE SOME OF THE INFORMATION IS ABOUT LEGAL ISSUES, IT IS NOT LEGAL ADVICE.
February 5, 2016
Matter of Miguel Angel CASTRO-LOPEZ
U.S. Department of Justice
Executive Offices of Immigration Review
Board of Immigration Appeal
Cite as 26 I&N Dec. 693 (BIA 2015)
Interim Decision #3854 693
The 10 years of continuous physical presence required by 8 C.F.R. § 1240.66(c)(2) (2015) for aliens seeking special rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105-100, tit. II, 111 Stat. 2160, 2193, 2196 (1997), amended by Pub. L. No. 105-139, 111 Stat. 2644 (1997), should be measured from the alien’s most recently incurred ground of removal, at least where that ground is among those listed in 8 C.F.R. § 1240.66(c)(1).
Executive Offices of Immigration Review
Board of Immigration Appeal
Cite as 26 I&N Dec. 693 (BIA 2015)
Interim Decision #3854 693
The 10 years of continuous physical presence required by 8 C.F.R. § 1240.66(c)(2) (2015) for aliens seeking special rule cancellation of removal under section 203 of the Nicaraguan Adjustment and Central American Relief Act, Pub. L. No. 105-100, tit. II, 111 Stat. 2160, 2193, 2196 (1997), amended by Pub. L. No. 105-139, 111 Stat. 2644 (1997), should be measured from the alien’s most recently incurred ground of removal, at least where that ground is among those listed in 8 C.F.R. § 1240.66(c)(1).
H-2B Returning Workers Exempted from the H-2B Cap for Fiscal Year 2016
H-2B Employers Urged to Identify Returning Workers when Filing Petitions
Effective December 18, 2015, H-2B workers identified as “returning workers” are exempted from the fiscal year (FY) 2016 annual H-2B cap of 66,000 visas. See Immigration and Nationality Act (INA) §214(g)(9)(a), 8 U.S.C. 1184(g)(9)(a), as revised by Consolidated Appropriations Act of 2016 (Public Law 114-113).
A returning worker is defined as an H-2B worker who was previously counted against the annual H-2B cap of 66,000 visas during FYs 2013, 2014, or 2015. This means:
- In general, if you (the employer) submit a petition requesting an employment start date in FY 2016 (from October 1, 2015 – September 30, 2016) for an H-2B worker, the H-2B worker can only be considered a returning worker if he or she had been previously issued an H-2B visa or provided H-2B status between October 1, 2012, and September 30, 2015.
- If the prospective worker is in the United States in H-2B status, and is seeking to extend his or her stay, change employers, or change the terms and conditions of employment, then the worker would not be counted toward the H-2B cap and you would not need to request that the person be classified as a returning worker.
- Any prospective H-2B worker who does not qualify as a returning worker will be subject to the FY 2016 H-2B cap unless he or she has previously been counted toward the H-2B cap or is cap-exempt.
Under this legislation, the returning worker program only applies to petitions pending or approved on or after December 18, 2015, requesting named H-2B workers with an employment start date beginning in FY 2016.
January 18, 2016
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: FEBRUARY 2016 VISA BULLETIN
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: FEBRUARY 2016 VISA BULLETIN: LAW OFFICES OF NORKA M. SCHELL, LLC 11 Broadway, Suite 615 New York, NY 10004 Tel. (212)564-1589 / (973)621-9300 Website: www....
FEBRUARY 2016 VISA BULLETIN
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
This bulletin summarizes the availability of immigrant numbers during February for: “Application Final Action Dates” (consistent with prior Visa Bulletins) and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.
A. APPLICATION FINAL ACTION DATES FOR
FAMILY-SPONSORED PREFERENCE CASES
FAMILY-SPONSORED PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the cut-off date listed below.)
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 08JUL08 | 08JUL08 | 08JUL08 | 01JAN95 | 01NOV03 |
| F2A | 01SEP14 | 01SEP14 | 01SEP14 | 08JUN14 | 01SEP14 |
| F2B | 15MAY09 | 15MAY09 | 15MAY09 | 08SEP95 | 01FEB05 |
| F3 | 01OCT04 | 01OCT04 | 01OCT04 | 08SEP94 | 22NOV93 |
| F4 | 08JUN03 | 08JUN03 | 08JUN03 | 01APR97 | 08AUG92 |
*NOTE: For February, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 08JUN14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08JUN14 and earlier than 01SEP14. (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.)
B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS
VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01OCT09 | 01OCT09 | 01OCT09 | 01APR95 | 01SEP05 |
| F2A | 15JUN15 | 15JUN15 | 15JUN15 | 15JUN15 | 15JUN15 |
| F2B | 15DEC10 | 15DEC10 | 15DEC10 | 01APR96 | 01MAY05 |
| F3 | 01AUG05 | 01AUG05 | 01AUG05 | 01MAY95 | 01AUG95 |
| F4 | 01MAY04 | 01MAY04 | 01MAY04 | 01JUN98 | 01JAN93 |
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.
A. APPLICATION FINAL ACTION DATES FOR
EMPLOYMENT-BASED PREFERENCE CASES
EMPLOYMENT-BASED PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)
| Employment- Based |
All Chargeability Areas Except Those Listed
| CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01MAR12 | 01AUG08 | C | C |
| 3rd | 01OCT15 | 01OCT12 | 15JUN04 | 01OCT15 | 08JAN08 |
| Other Workers | 01OCT15 | 22DEC06 | 15JUN04 | 01OCT15 | 08JAN08 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
5th
Non-Regional Center (C5 and T5) | C | 15JAN14 | C | C | C |
5th
Regional Center (I5 and R5) | C | 15JAN14 | C | C | C |
*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.
B. DATES FOR FILING OF EMPLOYMENT-BASED
VISA APPLICATIONS
VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01JAN13 | 01JUL09 | C | C |
| 3rd | 01JAN16 | 01OCT13 | 01JUL05 | 01JAN16 | 01JAN10 |
| Other Workers | 01JAN16 | 01JAN07 | 01JUL05 | 01JAN16 | 01JAN10 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Non-Regional Center (C5 and T5) | C | 01MAY15 | C | C | C |
| 5th Regional Center (I5 and R5) | C | 01MAY15 | C | C | C |
6. The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at: (202) 485-7699. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month*.
* Information extracted from U.S. Visa Department of State at www.travel.state.gov
* Information extracted from U.S. Visa Department of State at www.travel.state.gov
December 14, 2015
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: USCIS PROPOSED CHANGES TO FORM I-9
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: USCIS PROPOSED CHANGES TO FORM I-9: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 BROADWAY, SUITE 615 NEW YORK, NY 10004 TEL. (212)564-1589 / (973)621-9300 WEBSITE: w...
USCIS PROPOSED CHANGES TO FORM I-9
LAW OFFICES OF NORKA M. SCHELL'S BLOG
11 BROADWAY, SUITE 615
NEW YORK, NY 10004
TEL. (212)564-1589 / (973)621-9300
WEBSITE: www.lawschell.com
USCIS published a notice in the Federal Register on Nov. 24, 2015, to inform the public of proposed changes to Form I-9, Employment Eligibility Verification. The public may provide comments on the proposed changes for 60 days, until Jan. 25, 2016.
Many of the proposed changes to Form I-9 are intended to help reduce technical errors and help customers complete the form on their computer after they have downloaded it from uscis.gov. For instance, the form:
- Checks certain fields to ensure information is entered correctly;
- Provides additional spaces to enter multiple prepares and translators;
- Includes drop-down lists and calendars;
- Provides instructions on the screen that users can access to complete each field;
- Includes buttons that will allow users to access the instructions electronically, print the form and clear the form to start over;
- Provides a dedicated area to enter additional information that employers are currently required to notate in the margins of the form; and
- Will generate a quick-response matrix bar-code, or QR code, once the form is printed and can be used to streamline audit processes.
Other proposed changes include:
- Requiring employees to provide only other last names used in Section 1, rather than all other names used;
- Streamlining the certification in Section 1 for certain foreign nationals; and
- Separating the instructions from the form to bring the form in line with USCIS’ practices.
Submit a Comment
To view the proposed form and instructions, go to the Form I-9 notice at www.regulations.gov. To submit a comment, enter USCIS-2006-0068 in the search box and click the “Comment Now!” button. After completing all the necessary fields, click “Submit Comment.” See uscis.gov
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JANUARY 2016
IMMIGRATION AND POLICY BY NYC BUSINESS IMMIGRATION LAWYER - Phone (212) 564-1589: VISA BULLETIN FOR JANUARY 2016: LAW OFFICES OF NORKA M. SCHELL'S BLOG 11 BROADWAY, SUITE 615 NEW YORK, NY 10004 TEL. (212)564-1589 / (973)621-9300 WEBSITE:...
VISA BULLETIN FOR JANUARY 2016
LAW OFFICES OF NORKA M. SCHELL'S BLOG
11 BROADWAY, SUITE 615
NEW YORK, NY 10004
TEL. (212)564-1589 / (973)621-9300
WEBSITE: www.lawschell.com
Department of State summary of the January 2016 Bulletin Visa.
A. APPLICATION FINAL ACTION DATES FOR
FAMILY-SPONSORED PREFERENCE CASES
FAMILY-SPONSORED PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)
| Family-Sponsored | All Chargeability Areas Except Those Listed | CHINA-mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 15MAY08 | 15MAY08 | 15MAY08 | 22DEC94 | 01JUN03 |
| F2A | 01AUG14 | 01AUG14 | 01AUG14 | 01JUN14 | 01AUG14 |
| F2B | 01APR09 | 01APR09 | 01APR09 | 08SEP95 | 01JAN05 |
| F3 | 01AUG04 | 01AUG04 | 01AUG04 | 01AUG94 | 01NOV93 |
| F4 | 22APR03 | 22APR03 | 22APR03 | 01APR97 | 22JUL92 |
*NOTE: For January, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority datesearlier than 01JUN14. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01JUN14 and earlier than 01AUG14. (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.)
B. DATES FOR FILING FAMILY-SPONSORED
VISA APPLICATIONS
VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.
| Family- Sponsored | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| F1 | 01OCT09 | 01OCT09 | 01OCT09 | 01APR95 | 01SEP05 |
| F2A | 15JUN15 | 15JUN15 | 15JUN15 | 15JUN15 | 15JUN15 |
| F2B | 15DEC10 | 15DEC10 | 15DEC10 | 01APR96 | 01MAY05 |
| F3 | 01AUG05 | 01AUG05 | 01AUG05 | 01MAY95 | 01AUG95 |
| F4 | 01MAY04 | 01MAY04 | 01MAY04 | 01JUN98 | 01JAN93 |
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.
A. APPLICATION FINAL ACTION DATES FOR
EMPLOYMENT-BASED PREFERENCE CASES
EMPLOYMENT-BASED PREFERENCE CASES
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 authorized for issuance to all qualified applicants; and "U" means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlierthan the cut-off date listed below.)
| Employment- Based |
All Chargeability Areas Except Those Listed
| CHINA - mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01FEB12 | 01FEB08 | C | C |
| 3rd | 01OCT15 | 01JUL12 | 15MAY04 | 01OCT15 | 01NOV07 |
| Other Workers | 01OCT15 | 01DEC06 | 15MAY04 | 01OCT15 | 01NOV07 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | U | U | U | U | U |
5th
Non-Regional Center (C5 and T5) | C | 08JAN14 | C | C | C |
5th
Regional Center (I5 and R5) | U | U | U | U | U |
*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.
B. DATES FOR FILING OF EMPLOYMENT-BASED
VISA APPLICATIONS
VISA APPLICATIONS
The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the cut-off date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The cut-off date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.
The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which isearlier than the listed date may file their application.
Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.
| Employment- Based | All Chargeability Areas Except Those Listed | CHINA- mainland born | INDIA | MEXICO | PHILIPPINES |
| 1st | C | C | C | C | C |
| 2nd | C | 01JAN13 | 01JUL09 | C | C |
| 3rd | 01JAN16 | 01OCT13 | 01JUL05 | 01JAN16 | 01JAN10 |
| Other Workers | 01JAN16 | 01JAN07 | 01JUL05 | 01JAN16 | 01JAN10 |
| 4th | C | C | C | C | C |
| Certain Religious Workers | C | C | C | C | C |
| 5th Non-Regional Center (C5 and T5) | C | 01MAY15 | C | C | C |
| 5th Regional Center (I5 and R5) | C | 01MAY15 | C | C | C |
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