Volume VIII htm VISA BULLETIN FOR OCTOBER 2007 Washington, D.C. Number 111 Visa Bulletin http://travel.state.gov/visa/frvi/bulletin/bu lletin_3800. l?css=print 10/4/2007 Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by preferences. not more than 10.000 of which to Other Workers. employment-based preference level, plus any numbers not required by first preference. Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus any numbers not required for Fourth: Brothers and Sisters of Adult Citizens: 65,000, plus any numbers not required by first three preferences. Third: Married Sons and Daughters of Citizens: 23,400, plus any numbers not required by first and second preferences. unused first preference numbers: Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent First: Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference. 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. 226,000. The worldwide level for annual employment-based preference immigrants is at least 140,000. Section 202 the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and made, to the extent possible under the numerical limitations, for the demand received by September 6th in the chronological 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 order of the reported priority dates. If the demand could not be satisfied within the statutory or regulatory limits, the category the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the A. STATUTORY NUMBERS 1. This bulletin summarizes the availability of immigrant numbers during October. Consular officers are required to report to Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed priority date falls within the new cut-off date. 2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 3. Section 203 of the INA prescribes preference classes for allotment of immigrant visas as follows: FAMILY-SPONSORED PREFERENCES 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. EMPLOYMENT-BASED PREFERENCES fourth and fifth preferences. first and second Visa uiletin for October 2007 Page 1 of 5
htmi?css=prnt oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES. dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or 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 Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted 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 http://travelstate.gov/visa/frvi/bulletin/bu Ileti n_3800. 10/4/2007 3rd 01AUG02 01SEP01 22APR01 22APR01 01AUG02 4th C C. C C C 5th C C C C C 2nd C 01JAN06 01APR04 C C Other Workers Certain Workers Religious C C C C C 01OCT01 01OCT01 01OCT01 01OCT01 01OCT01 1st C C C C C -Based ment Employ Areas mainland INDIA MEXICO PINES Except born Listed Those ability Chargeability CHINA. PHILIP- All priority datesearlier than 01 MAY02. 2A numbers SUBJECT to per-country limit are available to applicants chargeable to 3rd I5FEBOO 15FEBOO 15FEBOO 01MAY92 22FEB91 2A 15NOV02 15NOV02 15NOV02 01MAY02 15NOV02 4th 15APR97 15AUG96 08MAY96 22JUL94 08JUL85 1st 08NOV01 08NOV01 08NOV01 01MAY92 15JUN92 2B 15AUG98 15AUG98 15AUG98 15MAR92 08DEC96 Those *NOTE: For October, 2A numbers EXEMPT from per-country limit are available to applicants from all countries with ily Except INES all countries EXCEPT MEXICO with priority dates beginning 01 MAY02 and earlier than 15NOV02. (All 2A numbers provided Fam- Areas PHIUPP mainland INDIA MEXICO born All Charge- Listed for MEXICO are exempt from the per-country limit; there are no 2A numbers for MEXICO subject to per-country limit.) CHINA available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.) means current, i.e., numbers are available for all qualified applicants; and U means unavailable, i.e., no numbers are 5. On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); C Visa Bulletin for October 2007 Page 2 of 5
Immigration through Employment Page 1 of 2 fl r Home > Services & Benefits> Permanent Resident (Green Card) I migrationt r g mpoy n Immigration through Employment Overview An immigrant is a foreign national who has been authorized to live and work permanently in the United States. If you want to become an immigrant based on the fact that you have a permanent employment opportunity in the United States, or if you are an employer that wants to sponsor someone for lawful permanent residency based on permanent employment in the United States, you must go through a multi-step process. First, foreign nationals and employers must determine if the foreign national is eligible for lawful permanent residency under one of USCIS paths to lawful permanent residency. Second, most employment categories require that the U.S. employer complete a labor certification request (Form ETA 750) for the applicant, and submit it to the Department of Labors Employment and Training Administration. Labor must either grant or deny the certification request. Qualified alien physicians who will practice medicine in an area of the United States which has been certified as underserved by the U.S. Department of Health and Human Services are relieved from this requirement. Third, USCIS must approve an immigrant visa petition, Form 1-140, Petition for Alien Worker, for the person wishing to immigrate to the United States. The employer wishing to bring the applicant to the United States to work permanently files this petition. However, if a Department of Labor certification is needed the application can only be filed after the certification is granted. The employer acts as the sponsor (or petitioner) for the applicant (or beneficiary) who wants to live and work on a permanent basis in the United States. Fourth, the State Department must give the applicant an immigrant visa number, even if the applicant is already in the United States. When the applicant receives an immigrant visa number, it means that an immigrant visa has been assigned to the applicant. You can check the status of a visa number in the Department of States Visa Bulletin. Fifth, if the applicant is already in the United States, he or she must apply to adjust to permanent resident status after a visa number becomes available. If the applicant is outside the United States when an immigrant visa number becomes available, he or she will be notified and must complete the process at his or her local U.S. consulate office. Eligibility There are four categories for granting permanent residence to foreign nationals based upon employment: EB-1 Priority workers Foreign nationals of extraordinary ability in the sciences, arts, education, business or athletics Foreign national that are outstanding professors or researchers Foreign nationals that are managers and executives subject to international transfer to the United States EB-2 Professionals with advanced degrees or persons with exceptional ability Foreign nationals of exceptional ability in the sciences, arts or business Foreign nationals that are advanced degree professionals Qualified alien physicians who will practice medicine in an area of the U.S. which is underserved. Read more about this particular program. EB-3 SkIlled or professional workers Foreign national professionals with bachelors degrees (not qualifying for a higher preference category) Foreign national skilled workers (minimum two years training and experience) Foreign national unskilled workers EB-4 Special Immigrants Foreign national religious workers Employees and former employees of the U.S. Government abroad http:/iwww. uscis.gov/portal/site/uscis/template. PRI NT/menuitem.5af9bb959 I 9f35e66f6 14176543... 10/3/2007
Immigration through Employment Page 2 of 2 How to Apply If you are an employer wishing to sponsor (or petition) for a foreign national to work in the United States on a permanent basis, you must file Form 1-140, Petition for Alien Worker. Detailed information is provided in the instructions for Form 1-140. Filing requirements differ for each of the five categories. The Department of State is responsible for providing visa numbers to foreign nationals interested in immigrating to the United States. To find out more about the Department of States visa process visit the Department of State website for specific information on how to get an immigrant visa number. To check the status of a visa number you can review the Department of States visa bulletin. Where do I apply If you are an employer wishing to sponsor (or petition) a foreign national to work in the United States, a Form 1-140, Petition for Alien Worker must be filed at the USCIS Service Center. Detailed filing information is provided in the instructions for Form 1-140. For EB-4 special workers, the foreign national or employer must file Form 1-360, Petition for Amerasian, Widow(er), or Special Immigrant, with the CIS Service Center. Detailed filing information is provided in the instructions for Form 1-360. Other helpful sites you may want to visit if you: want to find out more about the Department of State Visa Process want to review the Department of State Visa Bulletin want to find out more about the Department of Labor Foreign Labor Certification Home Contact Us Privacy Policy Website Policies No FEAR Freedom Of Information Act USA.ov U.S. Detartment of Homeland Security http://www. uscis.gov/portal/site/uscis/template. PRI NT/menuitem.5af9bb959 I 9f35e66f6 14176543... 10/3/2007
Issued by degree granting school with 1 year maximum Student F-i Optional Practical Training Employment Authorization Document EAD card generally issued as part permanent residency application Tenure- track faculty may encounter difficulties due to the temporary nature of TN status Available in 1 year increments, apply at port of entry Canadian & Mexican Professionals TN Not permissible for tenure-track positions 2 year home residency requirement must be waived before H-i B application Scholars/Teachers J-l or J-2 (dependents of J-l1 Exchange Visitors application process) 6 year maximum (with extensions available once in the permanent residency Dual intent (can apply for permanent residency) Quotas not applicable to higher education institutions Portability Temporary Worker in a Specialty Occupation H-lB Not dual intent (cannot apply for permanent residency) Types of Work Authorization
Approval time 2-3 months; premium processing option (approval time 2-3 weeks) for additional $1000 USCIS Form 1-539 - Application to Extend/Change Nonimmigrant Status Information provided by the principal File with principal s application if change or extension required Hi B dependents (spouse and children) Status documents Passport, visa, 1-94 Departure Record, record of current and previous status Proof of degree and experience Approved Labor Condition Application Letter of Support USCIS Form 1-129 - Petition for a Nonimmigrant Worker and Supplements DOL Inspection File Prevailing Wage Public Inspection File Posting. & Union Notification Requirements Department of Labor - Labor Condition Application $320 per extension Standard fees (must be paid by the University) $820 initial filing Temporary Worker in Specialty Occupation - H-lB
1 week Prevailing wage determination State of Michigan concurrent filing will not give the adjustment of status application priority. The 1-140 and 1-485 can be filed concurrently as long as the preference category is open. However, the example, individuals born in China and India generally have a longer waiting period than any other foreign nationals. Each month the US Department of State issues a visa bulletin that identifies which categories are The filing of the 1-485 (adjustment of status) is dependent upon the availability of immigrant numbers. For open for immigrant applications. Fee -$1010, plus fees charged by Civil Surgeons for medical exams Photographs and tax returns Affidavits of support for any dependent family members including bank account information Documentation provided by the individual: Marriage certificates Diplomas and transcripts Employment authorizations Birth certificates USCIS Form 1-485 Application to Register Permanent Residence or Adjust Status Medical exams conducted by designated Civil Surgeons (located in Marquette & Iron Mt.) Individual s application for permanent residency available, but has been suspended indefinitely. Approval of the 1-140 can take up to one year. Premium processing option (2-3 week approval) had been Approved Labor Certification Proof of degree and experience required for the position Fee - $475 (paid by the University) Employees petition for an alien worker to become a permanent resident USCIS Form 1-140 Immigrant Petition for Alien Worker University financial statement Application for Permanent Employment Certification 2 weeks Department each family member must complete an application Passports, Departure Records, visas, and all documents showing continuing lawful presence of Labor 30 days prior to filing for labor certification Notify AAUP of intention to file labor certification Employment Based Application for Permanent Residency
China or India. Applicants can self-petition or an employer can sponsor the petition. with recommendation and petition letters are required. There are currently visa backlogs for individuals born in Labor certification and a permanent job offer are not required. Evidence of the applicant s qualifications along 3. The national interest will be adversely affected if a Labor Certification were required. 2. The proposed benefit of the applicant s employment will be national in scope; and 1. The alien is seeking employment in an area of substantial intrinsic merit; This category has 3 requirements and the evidence provided must prove that: National Interest Waiver residency forward, and avoid a significant wait. individuals born in China or India, this has been the only way to move their application for permanent The primary advantage is that visa numbers are generally immediately available, therefore, for those Employer sponsorship with a job offer for a permanent teaching or research position No labor certification Significant evidence requirement which can be very time consuming for an individual to assemble researcher/professor or extraordinary ability. requires that the individual provide evidence showing that they meet the definition of outstanding A faculty member may choose to apply for adjustment of status under the EB-1 category. This category Outstanding Researcher or Professor EB-1 Other Avenues to Permanent Residency