Another 1000 Companies to be Audited by ICE

Immigration and Customs Enforcement (ICE) announced last week that it will be expanding its audit program and that it has notified 1000 companies last week that they would have to undergo a review. ICE, in its first audit, reviewed 654 companies and fined 61 of the 654 companies audited.

According to ICE, the audit is the Obama Administration’s plan to crack down on companies that hire and rely on such illegal workers and to reduce illegal immigration by forcing companies to get rid of unauthorized workers.

Although the identity of the 1000 companies to face an audit was not revealed, ICE officials suggested that audits will affect private companies are involved with infrastructure operations like gas and electric utilities and contractors on military bases but not retailers and manufacturers of nonessential goods.

Typically, an audit consists of ICE officials checking each worker’s E-Verify form, known as an I-9, to confirm that the employees were eligible to work before they were hired.

FY 2010 H-1B (November 2009)

As of November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been filed. The U.S. Citizenship and Immigration Services (USCIS) has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

AAO Processing Times as of November 1, 2009

Case	Type	Time
I – 129F	Petition for Fiancée	2 Months*
I – 129 H1B	Nonimmigrant Specialty Occupation Worker	13 Months
I – 129 H2	Temporary Nonimmigrant Worker	6 Months*
I – 129 H3	Temporary Nonimmigrant Worker	6 Months*
I – 129 L	Nonimmigrant Intracompany Transferee	8 Months
I – 129 O	Nonimmigrant Extraordinary Ability Worker	2 Months*
I – 129 P1, P2, P3	Athletes, Artists and Entertainers	6 Months*
I – 129 Q	Cultural Exchange Visitor	6 Months*
I – 129 R	N/I Religious Worker	5 Months*
I – 131	Application for Travel Document	3 Months*
I – 140 EB1	(A) ‐ Alien with Extraordinary Ability	5 Months
I – 140 EB1	(B) ‐ Outstanding Professor or Researcher	5 Months*
I – 140 EB1	(C) ‐ Multinational Manager or Executive	10 Months
I – 140 EB2	(D) – Advanced Degree Professional	27 Months
I – 140 EB2	(I) – National Interest Waiver	6 Months*
I – 140 EB3	(E) – Skilled or Professional Worker	23 Months
I – 140 EB3	(G) – Other Worker	22 Months
I – 212	Application to Reapply for Admission	2 Months*
I – 360 EB4	Petition for Religious Worker	5 Months*
I – 360 C	Special Immigrant Juvenile	2 Months*
I – 360 VAWA	Violence Against Women Act Petition	4 Months*
I – 485	Cuban Adjustment Act Application	5 Months*
I – 485	LIFE Act Adjustment Application	6 Months*
I – 485	Section 13 Adjustment Application	4 Months*
I – 526 EB5	Alien Entrepreneur	5 Months*
I – 600	Petition for Orphan	2 Months*
I – 601	Application for Waiver of Inadmissibility	26 Months
I – 612	Application for 212(e) Waiver	2 Months*
I – 687	Legalization Application for Temporary Residence	18 Months
I – 690	Legalization/SAW – Waive Grounds of Excludability	2 Months*
I – 698	Legalization Adjustment Application	2 Months*
I – 700	Special Agricultural Worker	2 Months*
I – 821	Temporary Protected Status	4 Months*
I – 905	Application to Issue Cert for Health Care Workers	2 Months*
I – 914	Application for T Nonimmigrant Status	2 Months*
I – 918	Petition for U Nonimmigrant Status	2 Months*
N – 470	Application to Preserve Residence	4 Months*
N – 565	Replacement Naturalization/Citizenship Doc	4 Months*
N – 600	Certificate of Citizenship	4 Months*
N – 643	Certificate of Citizenship for Adopted Child	2 Months*

* Within current USCIS processing time goal of six months or less

State Department Visa Bulletin November 2009

VISA BULLETIN NOVEMBER 2009

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during November. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible under the numerical limitations, for the demand received by October 9th in the chronological order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, 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. Immediately that 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 which has been 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. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: Unmarried Sons and Daughters of 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, and any unused first preference numbers:

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

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

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

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

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.

4. 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.

5. 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.)

Fam-ily	All Charge- ability Areas Except Those Listed	CHINA-mainland born	INDIA	MEXICO	PHILIPP-INES
1st	15OCT03	15OCT03	15OCT03	08JUL92	22OCT93
2A	15AUG05	15AUG05	15AUG05	15JUN03	15AUG05
2B	01OCT01	01OCT01	01OCT01	01JUN92	15MAY98
3rd	01MAR01	01MAR01	01MAR01	01MAY92	22OCT91
4th	15JUN99	15JUN99	15JUN99	08NOV95	15JAN87

*NOTE: For November, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 15JUN03. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 15JUN03 and earlier than 15AUG05. (All 2A numbers provided for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.)

	All Charge-ability Areas Except Those Listed	CHINA- mainland born	INDIA	MEXICO	PHILIP-PINES
Employ-ment -Based
1st	C	C	C	C	C
2nd	C	01APR05	22JAN05	C	C
3rd	01JUN02	01JUN02	22APR01	01JUN02	01JUN02
Other Workers	01JUN01	01JUN01	22APR01	01JUN01	01JUN01
4th	C	C	C	C	C
Certain Religious Workers	U	U	U	U	U
5th	C	C	C	C	C
Targeted Employ-ment Areas/ Regional Centers	C	C	C	C	C
5th Pilot Programs	U	U	U	U	U

The Department of State has available a recorded message with visa availability information which can be heard at: (area code 202) 663-1541. This recording will be updated in the middle of each month with information on cut-off dates for the following month.

Employment Third Preference Other Workers Category: Section 203(e) of the NACARA, 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. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the Immigration and Nationality Act provides a maximum of up to 55,000 immigrant visas each fiscal year to permit immigration opportunities for persons from countries other than the principal sources of current immigration to the United States. The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 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 reduction has resulted in the DV-2010 annual limit being reduced 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 November, immigrant numbers in the DV category are available to qualified DV-2010 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
AFRICA	14,000	Except: Egypt: 6,200 Ethiopia: 6,700 Nigeria: 8,700
ASIA	7,200
EUROPE	9,500
NORTH AMERICA (BAHAMAS)	2
OCEANIA	475
SOUTH AMERICA, and the CARIBBEAN	575

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-2010 program ends as of September 30, 2010. DV visas may not be issued to DV-2010 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2010 principals are only entitled to derivative DV status until September 30, 2010. DV visa availability through the very end of FY-2010 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 DECEMBER

For December, immigrant numbers in the DV category are available to qualified DV-2010 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
AFRICA	17,800	Except: Egypt: 9,100 Ethiopia: 9,000 Nigeria: 10,400
ASIA	8,250
EUROPE	12,400
NORTH AMERICA (BAHAMAS)	3
OCEANIA	675
SOUTH AMERICA, and the CARIBBEAN	725

D. EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

Employment Fourth Preference Certain Religious Workers: Pursuant to Section 133 of Division B of Public Law 111-68, the non-minister special immigrant program expires on October 30, 2009. No SR-1, SR-2, or SR-3 visas may be issued overseas on or after October 30, 2009. Visas issued prior to this date may only be issued with a validity date of October 30, 2009, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight October 30, 2009.

Employment Fifth Preference Pilot Categories (I5, R5): Pursuant to Section 130 of Division B of Public Law 111-68, extended this immigrant investor pilot program through October 30, 2009. The I5 and R5 visas may be issued until close of business on October 30, 2009, and may be issued for the full validity period. No I5-1, I5-2, I5-3, R5-1, R5-2 or R5-3 visas may be issued after October 30, 2009.

The cut-off dates for the categories mentioned above have been listed as “Unavailable” for November. If there is legislative action extending one or both of these categories for FY-2010, those cut-off dates would become “Current” for November.

E. EMPLOYMENT PREFERENCE VISA AVAILABILITY

The receipt of demand from Citizenship and Immigration Services Offices has far exceeded their earlier indications of cases eligible for immediate processing. As a result, it has been necessary to hold most of the Employment cut-off dates for November. At this time, it is not possible to provide any estimates regarding future cut-off date movements.

FY 2010 H-1B Update (November 2009)

The U.S. Citizenship and Immigration Services  (USCIS ) in its most recent updated count as of November 3, 2009, stated that as of October 25, 2009, approximately 52,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed.

Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

Having a Criminal Record Can Affect Your Immigration Status

If you are not a US Citizen and have a criminal record of any sort, it has become increasingly important to know and understand the immigration consequences on your immigration status.

This article explores how having any contact with the criminal justice system can affect a non-US citizen’s immigration status. A non-US citizen includes non-immigrant visa holders as well as green-card holders.

Firstly, it must be understood that being convicted is defined differently for immigration purposes than under state criminal law.

A person is considered to have been convicted if a court has adjudicated him or her guilty or entered a formal judgment of guilt against him or her. Also, a person is considered convicted for immigration purposes even if the court has withheld adjudication on the basis that (1) the person was found guilty or entered a guilty plea or nolo contendere and (2) the judge ordered some form of restraint or punishment on the person’s liberty.

Secondly, convictions for minor offenses or misdemeanors, or a sentence to only probation, or court supervision, or for that matter very old convictions, can have an impact on your immigration status. The different outcomes vary from:
1. Having your application for lawful permanent residence or naturalization denied;
2. Being placed in deportation proceedings;
3. Being put in detention while removing proceedings are ongoing;
4. Deportation to your home country;
5. Being barred from returning to the United States for certain number of years, or permanently.

Under federal immigration law, crimes of moral turpitude are crimes that shock the public conscious or involve fraud as an element. If a non U.S. citizen is convicted of a crime of moral turpitude s/he may be deported. Crimes of moral turpitude include theft, transporting or receiving stolen goods, embezzlement, fraud, adultery, assault, bigamy, kidnapping, rape, murder, etc, and even charges that may appear seemingly minor such as shop lifting, can trigger deportation proceedings.

Reproduced from e-Sandesh where the article written by our attorney , Hanishi T. Ali, was orignally published: http://iswonline.org/iswSite2/index.php?option=com_content&view=article&id=212:criminal-record-can-affect-immigration-status&catid=95:community-orgs&Itemid=200