November 18, 2010 – US Ambassador in India Announces New Program to Facilitate Easier Visa Processing
The US Ambassador to the Indian Mission announced that any Indian national could apply for visa stamping at any consulate in India irrespective of residence as was previously required. The new practice was announced in an effort to foster convenience and to react to the business growth that India has experienced in recent years. Read the announcement on the US Embassy’s website by clicking here…..

August 19, 2010 – USCIS has Published Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School
On August 19, 2010 USCIS published Special Instructions for B-1/B-2 Visitors Who Want to Enroll in School which confirms that prohibition of aliens entering the US on a visitor's visa from enrolling in public schools. More…..

August 13, 2010 – USCIS Implements H-1B and L-1 Fee Increase According to Public Law 111-230
On August 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after Aug. 14, 2010, and will remain in effect through Sept. 30, 2014. More…..

July 16, 2010 – Immigration & Customs Enforcement (“ICE”) Steps Up Employer Targeted Raids in Texas
ICE released information that it had fined employers in Texas who frequently employ undocumented aliens more than $600,000 since the begging of the Federal Fiscal Year in October 2009. The information also states that employers faced criminal prosecution in addition to the civil fines. The Obama Administration has been very aggressive in targeting employers who frequently employ undocumented aliens and has completed more than 1500 raids since the begging of the fiscal year, more than tripled what the Busch Administration was able to accomplish in prior years.

June 28, 2010 – BROADGATE v. USCIS Update - USCIS Files Memorandum In Opposition to Prevent Preliminary Injunction in Third Party Neufeld Memo Suit
The USCIS filed in the US District Court for the District of Columbia a 72 page memorandum challenging the Plaintiff’s prayer for a preliminary injunction against the application of the January 8, 2010 Neufeld Memo. The lawsuit was originally filed by several information technology companies requesting the Court to issue a temporary and permanent injunction against the USCIS from using the January 8, 2010 Neufeld Memo in its H-1B visa petition adjudications. In its memorandum filed on June 25, 2010, the USCIS stated its position that it had not violated the Administrative Procedures Act since the memorandum memorialized longstanding agency interpretation of the H-1B visa statute and regulations. In addition, the USCIS argued that the Plaintiffs in this case had not met their burden by proving that they have a high likelihood to prevail on the merits in this case and hence the Court should not grant their request for a preliminary injunction.

June 24, 2010 – Dems Wary of Midterm Elections May Not Support Comprehensive Immigration Reform This Year
Rep. Luis Gutierrez is quoted to have said that many democratic Congressmen and women are wary of publicly supporting Comprehensive Immigration Reform in fear of losing public support. He announced on Thursday that currently, Congress does not possess sufficient Democrats’ votes to pass CIR this year.

June 20, 2010 – Immigration Reform is Pushed by City of Columbus Council
The City of Columbus, Ohio passed a unanimous resolution in support of immigration reform. The resolution passed last night is non-binding on Congress but it is the second such measure a US City would undertake recently after Seattle who passed such measure several weeks ago. Councilwoman Tavaras states that the time is now for Congress to act and to pass Comprehensive Immigration Reform. Gus Shihab, the founder of The Law Firm of Shihab & Associates, Co., LPA was invited to address City of Columbus, Ohio council on this historic step. More…..

June 18, 2010 – USCIS Releases Questions & Answers Regarding EB-5 Stakeholder’s Meeting
The USCIS released materials discussed during the Alien Entrepreneur EB-5 Stakeholder meeting held Wednesday June 16, 2010. The Stakeholder’s meeting discussed the Regional Center Proposal Memorandum issued in December 2009. USCIS posted a document including extensive Questions & Answers on its website which resulted from the Stakeholder’s session. The Law Firm of Shihab & Associates, Co., LPA will continue to provide updates relative to developments in this area.

June 17, 2010 – ICE Releases Strategic Plan entitled Strategic Priorities for Fiscal Years 2010 - 2014
The Immigration & Customs Enforcement (“ICE”) released a strategic plan for the period covering fiscal years 2010 through 2014 which will end on September 30, 2014. Hence this is a 3 year strategic plan. The strategic plan lists three priorities (1) preventing terrorism; (2) securing and managing US borders; and (3) enforcing immigration laws. To read the plan click here....

June 16, 2010 – USCIS Releases 2011 H-1B Visa Cap Update
The USCIS issued an update relative to the usage of H-1B visas subject to the annual cap. According to the most recent figures which reflected usage up to June 11, 2010, 22,200 regular cap visa petition s were received by the USCIS while 9,400 Master Degree exempt H-1B visas were received up to the aforementioned date. For the most recent update click here....

June 15, 2010 – USCIS Issues Proposed Memorandum to Allow for Continued Eligibility to File for Child VAWA Self-Petitioners After Attaining Age 21
The USCIS issues a draft memorandum thereby inviting the public’s comment thereon. The draft memorandum which would allow certain children victims of abuse to seek self petition for permanent residence after attaining the age of 21 but prior to the age of 25 if such alien can demonstrate the abuse was a “central reason” for the delay in filing. The comment period ends June 24, 2010. To read the draft memorandum click here....

June 11, 2010 – July 2010 Visa Bulletin Released – “Better News” for Certain Employment Based Petition Beneficiaries
The US Department of State issued the July 2010 Visa Bulletin which showed a sudden shift in the advancement of priority dates for EB-2 beneficiaries born in India. The June 2010 priority date showed February 1, 2005 as the priority dates for EB-2 Indian born beneficiaries and October 22, 2001 for EB-3 Indian born beneficiaries. There was little movement for Mainland China born beneficiaries in that regard. The July Visa Bulletin shows an 8 month improvement for Indian born beneficiaries which had not been observed for quite a while. This is significant as subsequent months could show strong improvement which is hoped to cause many immigrant petition beneficiaries whose I-140 has been approved to have their priority dates become current. A current priority date (meaning a beneficiary’s priority date to be on or prior to the date shown in the respective preference category on the Visa Bulletin) means the beneficiary is now able to file for I-485 or if the I-485 is filed, to hopefully have it approved within the same month. To review the July Visa Bulletin click here....

June 10, 2010 – Five Staffing & Software Development Companies Sue USCIS Challenging Neufled Memo in US District Court
A Washington DC law firm filed a declaratory judgment action yesterday against the USCIS in the DC District Court challenging the so called Third Party Employment Neufeld Memo issued by the USCIS on January 8, 2010. The law suit alleges that the USCIS is in violation of the Notice & Comment requirement in the Administrative Procedures Act. Furthermore, the lawsuit alleges that the USCIS has violated the Immigration & Nationality Act in denying H-1B visa petitions filed by these companies in applying the principles created by the Neufeld Memo.

June 9, 2010 – USCIS Announces 10% Increase in Filing Fees
The USCIS announced today that it is seeking public comment relative to a 10% increase in filing fees the agency is currently planning. USCIS stated that the increase in filing fees are intended to bridge the large gap between USCIS spending and significantly reduced revenues the agency received from application filing fees during the past couple of years. The announcement was made in the Federal Register. Tell the USCIS that it does not deserve a pay raise by submitting a comment against the increase in filing fees. Read my Blog by clicking here…

June 8, 2010 – Administrative Appeals Office - AAO Processing Times as of May 1, 2010
The AAO released processing times for appeals before that office. The AAO is an office within the USCIS; it is an administrative sub-agency with responsibility to review denial of certain applications by the USCIS. To review the most recent AAO report Click Here…

June 7, 2010 – BALCA Update: In Re Soon Pal Kwon, Denial of PERM affirmed when Employer Included Additional, Though Irrelevant, Addresses on PERM Internal Notice
The Board of Alien Labor Certification Appeals (“BALCA”) affirmed the Certifying Officer’s Denial of a PERM application because the internal notice, which is one of the recruitment steps required by PERM regulations, had included an address of another office in addition to the Certifying Officer’s address. The additional office had no jurisdiction over PERM applications. The employer had argued that inclusion of the additional address was harmless error because it also included the correct address in addition on the Internal Notice. BALCA stated that the regulations under 20 C.F.R. § 656.10(d)(3) requires the employer to: “[p]rovide the address of the appropriate Certifying Officer. BALCA stated that inclusion of the additional address was not “excusable.” More....

June 3, 2010 - President Obama Meets with Arizona Governor Brewer
The White House released a statement which can be found on its website that President Obama Met with Governor Brewer to discuss Comprehensive Immigration Reform and border security issues. The Statement reiterates the White House's understanding with the frustrations the nation faces with the "broken immigration system" as the statement read and the fact that inaction on the federal level is "unacceptable."

May 25, 2010 - USCIS Updates Employment Authorization Card
The United States Citizenship & Immigration Service has announced that it made certain changes to the Employment Authorization Card, also known as EAD to deter fraud. The change would add a machine readable strip on the back of the card which will also be in compliant with international aviation standards. The new and improved EAD cards will begin to be issued as of May 11, 2010.

April 10, 2010 - FY 2011 H-1B Visa Count Update
The American Immigration Lawyers Association reported during a recent teleconference with the Vermont Service Center received a total 9525 cap subject H-1B visa petitions towards the 2011 federal fiscal year which begins on October 1, 2010. Please note that these numbers do not include petitions received by the California Service Center. We assume that a similar number was received by the CSC meaning that for the first week of April 2010 only 20,000 visas were received by the USCIS. More updates to come as the information becomes more available.