Archive for July 2012
USCIS has released an updated set of processing statistics for petitions filed under the fifth employment-based preference category (EB-5) for foreign investors. It is interesting to note that the number of I-526 applications (for initial EB-5 green card) have more than doubled compared to 2010 (4,156 compared to 1,955) while the approval rate has remained fairly steady at around 80%. The rate of I-829 filings (application to remove condition) have dropped off at 546 (compared to 2,345 and 768 for the previous two years). The approval rate for I-829 has remained steady at around 90%.
Our office has established a reputation as one of the leading practices for handling appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases. The AAO processing times are published monthly, at the beginning of the month, and we are providing monthly updates and analysis for the benefit of our clients and readers.
The Department of Labor has provided some updates (as of July 2012) on their processing of employment-based cases and we are happy to share them with our clients and readers. This kind of information is generally available, but is rarely combined in one place while it is still fairly recent information.
The U.S. Citizenship and Immigration Service (USCIS) has announced the creation of a separate office which would be tasked with overseeing the EB-5 immigrant investor program.
Yesterday, July 18, 2012, USCIS Director Mayorkas announced that his agency has and will continue to increase the number of staff dedicated to the EB-5 immigrant investor program. This is in a direct result of earlier criticism of too-long processing times and aims to streamline and provide a faster and (hopefully) more predictable EB-5 application review process. Director Mayorkas identified the tens of thousands of new jobs for US workers and the billions of dollars injected by EB-5 immigrant investors into the US to date. He also summarized efforts to date to increase agency resources dedicated to the EB-5 program.
We have been monitoring developments around the H.R. 3012 legislation aimed at removing the per-country annual limits for the immigrant visa categories. We have written extensively in the past and many of our clients and readers are very interested in any developments with H.R. 3012 because of its wide (and significant) impact on employment-based immigrant visa applicants.
The Brookings Institute has completed and released an interesting report (PDF document, accompanied by interactive charts) on the H-1B program. The report aims to provide a deeper analysis of the H-1B program and to understand the issues and the competitive advantages (or lack thereof) of one of the H-1B work visa which is the most common U.S. temporary foreign worker program.
August 2012 Visa Bulletin – EB-2 India and China Remain Unavailable; EB-2 ROW Cutoff Date Unchanged at January 1, 2009; FB-1 Philippines Retrogresses by 32 MonthsJuly 10th, 2012 | by D.M. | Category: Articles, EB-2, EB-3, News, Visa Bulletin
The U.S. State Department has just released the August 2012 Visa Bulletin which is the eleventh Visa Bulletin for the FY2012 fiscal year. The major headline in the upcoming month’s bulletin is the continued unavailability in the EB-2 India and China categories (which is expected to continue for at least one more months), the unchanged cutoff date for EB-2 ROW and the significant (32 months) retrogression for FB-1 Philippines.
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