April-May 2011 Immigration Newsletter
Welcome to the combined April and May edition of Gafner Law Firm’s Monthly Immigration Newsletter. This edition of the newsletter provides firm updates, recent immigration news, legislative updates, and recent developments in immigration law.
Readers are welcome to contact Gafner Law Firm if they have a question about the newsletter, or if they would like to schedule a telephone or office consultation. Please contact the firm by calling 646.571.8472, or through its website contact page.
Best regards,
Chris Gafner
Table of Contents
- · Busy Times at Gafner Law Firm’s Immigration Practice
- · USCIS To Centralize All Family-based Immigration Petitions Filed Overseas
- · USCIS Offers Information About Permissible Public Assistance for Immigrants
- · H-1B Season Begins Slowly
- · USCIS Provides Statistics on Extraordinary Abilities and Outstanding Researcher/Professor Petitions
- USCIS Releases EB-5 Adjudicator Learning Material
- · When Can An Immigrant Become a Citizen?
- · USCIS Provides Citizenship Toolkit to Naturalization Applications
- · Dream Act Reintroduced Into Congress
- · President Obama Speaks on Immigration Reform
Immigration Insight Blog Posts
Firm News
Busy Times at Gafner Law Firm’s Immigration Practice
The last few months have been rather busy for both the firm’s immigration practice and the nation’s immigration system. Many positive advancements have been made by USCIS, including its decision to finally provide a secure mailing system for green cards and other important immigration documents, its decision to continue improving the EB-5 investor category, and its decision to makes its policy on visa waiver overstays more uniform.
Additionally, President Obama continues to emphasis the need for immigration reform. Congress has reintroduced the DREAM Act, and Start-up Visa Act. Hopefully something will come about – something other than talk.
Immigration attorney Chris Gafner has contributed to the effort to improve the immigration system by co-authoring comments submitted to USCIS concerning the EB 1-A and EB 1-B immigrant visa.
Family Immigration
USCIS To Centralize All Family-based Immigration Petitions Filed Overseas
The USCIS and the Department of Homeland Security (DHS) recently announced that all I-130 immigrant visas filed by overseas petitioners will have the option of being filed at the Immigration Agency’s Chicago Lockbox. This change will take effect on August 15, 2011.
Previously, most family-based immigrant petitioners living overseas were required to file the I-130 immigrant visa at the closest U.S. Consulate. The USCIS hopes to reduce its costs. Unfortunately, many immigration attorneys worry that the change will slow down the immigration process for many individuals.
This NYC family-based immigration lawyer predicts that within a few years, the option of filing the I-130 at a local consulate will disappear completely.
USCIS Offers information About Permissible Public Assistance for Immigrants
One of the most confusing subjects for immigrants to understand is public benefits and public charge. Many immigrants fear that taking certain types of public benefits will somehow hinder their future ability to obtain immigrant benefits.
However, immigrants are entitled to some public benefits and will not be stopped from getting immigrant status.
To help immigrants better understand what benefits are permissible and which benefits are off limits, the USCIS has provided a detailed discussion for dissemination to immigrants throughout the United States. If you are concerned about immigrant public benefits, read on.
Employment Immigration
H-1B Season Begins Slowly
April 1, 2011 marked the start of the new H-1B filing year. On that date, the USCIS began accepting H-1B petitions for businesses and foreign nationals seeking to begin work on October 1, 2011 or after.
The beginning of the season is important as there are only 65,000 normal H-1B slots that are made available each year. 20,000 additional slots are available for individuals with Masters degrees.
So far, however, the season is off to a slow start, with only 12,300 regular H-1B petitions, and 8,500 Masters H-1B petitions, received.
USCIS Provides Statistics on Extraordinary Abilities and Outstanding Researcher/Professor Petitions
The USCIS has recently released its statistics on the approval rates for the EB 11 Visa (Extraordinary Abilities Visa) and the EB 12 Visa (Outstanding Professors and Researchers). These two immigrant visa types are the most enticing immigrant visas that the United States has to offer top notch immigrants. Here are the statistics:
EB 1-1 Approvals for Extraordinary Abilities Visa
| Fiscal Year | Approvals | Denials | Approval Rate | Denial Rate |
| 2005 | 791 | 647 | 55% | 45% |
| 2006 | 1646 | 1032 | 61% | 39% |
| 2007 | 2236 | 2313 | 49% | 51% |
| 2008 | 2,329 | 2667 | 47% | 53% |
| 2009 | 4,337 | 3053 | 59% | 41% |
| 2010 | 3,200 | 1998 | 62% | 38% |
EB 1-2 Approvals for Outstanding Professors and Researchers Visa
| Fiscal Year | Approvals | Denials | Approval Rate | Denial Rate |
| 2005 | 5042 | 340 | 94% | 6% |
| 2006 | 2991 | 146 | 95% | 5% |
| 2007 | 2459 | 283 | 90% | 10% |
| 2008 | 2148 | 172 | 93% | 7% |
| 2009 | 3893 | 300 | 93% | 7% |
| 2010 | 3140 | 306 | 91% | 9% |
Investor Immigration
USCIS Releases EB-5 Adjudicator Learning Material
A Freedom of Information Act request has resulted in nearly 500 pages of EB-5 training materials being released to immigration attorneys throughout the United States. The nearly 500 pages include detailed instructions to adjudicators as to how to address some of the most confusing and important parts of an EB-5 petition, including how to determine the legitimate source of an applicant’s investment, how to discern whether an investment is being put at risk, and how to handle N-400 applicants with pending I-829s.
Citizenship & Naturalization
When Can An Immigrant Become a Citizen?
Many people call the firm asking for help becoming American citizens. Some of these individuals are eligible – many are not. There are many different factors that go into determining whether someone is eligible for naturalization – and a five minute conversation won’t enable someone to determine whether or not they are eligible for naturalization.
Although not the end all decider, the following questions will help many questionnaires determine whether they are eligible for naturalization. The questions are:
Are you in the U.S. Armed Forces? If yes, you should consult a naturalization lawyer to make a final determination.
If not, are you a U.S. Permanent Resident? If you are not a U.S. permanent resident, and not a U.S. serviceperson, then you are not eligible for naturalization.
If you are a U.S. Permanent Resident, how long have you been one? If you are married to a U.S. citizen and have been a permanent resident for three years – you should consult a naturalization attorney to make a final determination. If you are not married to a U.S. citizen, then you need to be a permanent resident for five years before seeking naturalization. If you meet this requirement, make sure to have a citizenship and naturalization lawyer review your case to make a final determination.
USCIS Provides Citizenship Toolkit to Naturalization Applications
The USCIS has continued its efforts to help push permanent residents to become U.S. citizens. In its latest effort, USCIS has released a free naturalization toolkit. The citizenship toolkit includes:
- A start-up guide for organizations who want to expand ESL, civics, and citizenship education
- Suggestions on how to use the toolkit in your community
- A short film about the naturalization process and test
- Civics Flash Cards, multimedia study tools, and much more
Legislative Outlook
Dream Act Reintroduced Into Congress
Last December the DREAM Act was defeated in Congress. Although it wasn’t the first time it was defeated, it was certainly one of the most high profile defeats.
Yet, the DREAM Act has lived to fight another day and has been reintroduced into the Senate. The Development, Relief, and Education for Alien Minors (DREAM) Act was re-introduced by Senators Richard Durbin, Harry Reid, and Robert Menendez. The bill would allow many undocumented immigrants who came to the United States as minor children to gain permanent residency by performing certain actions – such as serving in the U.S. military or graduating from college.
Whether the DREAM Act goes anywhere this time is unknown.
President Obama Speaks on Immigration Reform
This month, President Obama spoke about the need to fix the immigration system. Many have questioned whether the President is actually interested in fixing the system, or if he just wants to talk the talk as the election year approaches. The following is the President himself.
Immigration In the News
- Chipotle Firings: One Story of a Broken Immigration System
- The U.S Immigration Department has Proposed Significant Updates to EB-5 Visa Processing
- Rep. Zoe Lofgren To DHS: Secure Communities Investigation Should Start Now
- Obama talks American immigration reform at US border
Recent Immigration Insight Blog Posts
Immigration Insight is the firm’s immigration blog. The following is a list of the blog posts from the past month.
· H-1B Visa Application Season Begins April 1st
· Immigration Judge Adjusts Status For “Aged Out” K-2 Status Holder
· District Court In Oregon Throws Out K-1 Visa Lawsuit
· Immigration And the Federal Shutdown
· H-1B Season off to a Slow Start
· H-1b Immigration Testimony Before House Subcommittee
· EB 11 and EB 12 Visa Approval Statistics Released By USCIS
· Does Bankruptcy Affect Immigration Status?
· Obama Calls Immigration Meeting – Much Talk, Any Action?
· Immigration Marriage Fraud May Lead To Jail Time
· USCIS Issues Informational Packet On Public Charge
· DOJ Settles Lawsuit Against Employer Who Refused to Hire Immigrants
· Finally, USCIS Implements Secure Mail System
· Overseas I-130 Immigrant Visas To Be Centralized At UCIS Address in Chicago
· Haitian TPS Extended Until 2013