Immigration Numbers – Employment Based Preferences

This article summarizes the availability of immigrant numbers during November. Allocations were made, to the extent possible under the numerical limitations, for the demand received by 8^th October in the chronological order of the reported priority dates. 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.

Employment-based Preferences

The worldwide level for annual employment-based preference immigrants is at least 140,000.

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.

In the chart below, the listing of a date for any class indicates that the class is oversubscribed, current means that numbers are available for all qualified applicants; and unavailable means that no numbers are available.  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.

The Department of State has available a recorded message with visa availability information which can be heard at:  +1 202-663-1541. 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: The NACARA Act  states that once the Employment Third Preference Other Worker (EW) cutoff 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.

This article summarizes the availability of immigrant numbers during November. Allocations were made, to the extent possible under the numerical limitations, for the demand received by 8^th October in the chronological order of the reported priority dates. 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.

Family-Sponsored Preferences

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.The Act also states that the per-country limit for preference immigrants is approximately 25, 620 – 7% of the total annual family-sponsored and employment-based preference limits. The dependent area limit is set at 7, 320 or about 2%.

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:

1. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;
2. 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.

In the chart below, the listing of a date for any class indicates that the class is oversubscribed. The numbers are available only for applicants whose priority date is earlier than the cut-off date listed below:

The U.S. Citizenship and Immigration Services (USCIS) has increased the maximum

period of time a Trade-NAFTA (TN) professional worker from Canada or Mexico may remain in the United States before seeking readmission or obtaining an extension of stay. The initial period of admission for TN workers has been updated from one to three years.

Who Qualifies

The eligible TN non-immigrants may now be allowed to receive extensions of stay in increments of up to three years instead of the prior maximum period of stay of one year. The TN non-immigrant classification is visa category available to eligible citizens of Mexico and Canada with at least a bachelor’s degree or appropriate professional credentials who work in certain qualified fields pursuant to the North American Free Trade Agreement (NAFTA) which include amongst others, accountants, engineers, attorneys, pharmacists, scientists, and teachers.

Benefits

This change should result in lower administrative overheads and reduce the costs on TN workers. The U.S. employers will also benefit as the amount of time TN non-immigrants will be able to work for them before having to seek an extension of status is increased. Spouses and unmarried minor children of TN non-immigrants in their corresponding non-immigrant classifications will also benefit from the new regulation.

Since October 1994, United States has issued 50,000 permanent Green Cards annually through the Diversity Visa Lottery Program. If you are selected, then you can reside and work permanently in the United States. The registration period for the Green Card via the Diversity Program (DV2010) is from October 2 – December 1, 2008.

Requirements

In order to apply for the Diversity Green Card, there are certain requirements that must be met. Applicants born in any of the following countries cannot apply:

Brazil, Canada, China (mainland) – Hong Kong, Macao and Taiwan are eligible,
Colombia, Dominican Republic, EL Salvador, Haiti, India, Jamaica, Mexico,
Pakistan, Peru, Philippines, Poland, Russian Federation, South Korea,
United Kingdom (and its dependent territories) – Ireland and Northern Ireland are eligible,
Vietnam

If you were born in one of the countries listed above, you may still qualify if your spouse or your parents were born in an eligible country.

In addition to being born in an eligible country, applicants must have either a high school education or its equivalent, or within the past five years have two years of work experience in an occupation requiring at least two years of training or experience.

One entry per applicant may be submitted during the registration period. Multiple entries will disqualify applicants from diversity Green Card program.

The U.S. Citizenship and Immigration Services (USCIS) recently completed a multi-year redesign of the naturalization test. The revised test, with an emphasis on the fundamental concepts of American democracy and the rights and responsibilities of citizenship, will help encourage citizenship applicants to learn and identify with the basic values we all share as Americans.

Why the tests were redesigned
The purpose of redesigned tests is to ensure that naturalization applicants have uniform, consistent testing experiences nationwide, and that the civics test can effectively assess whether applicants have a meaningful understanding of U.S. government and history. Following a basic U.S. history and civics curriculum, the redesigned test will serve as an important instrument to encourage civic learning and patriotism among prospective citizens.

The new tests will consists of updated English reading and writing prompts, and a list of 100 new history and government questions. The resulting redesigned test was publicly introduced on September 27, 2007. Naturalization applicants will begin taking the revised test on October 1, 2008.

The US State Department has decided that the soon-to-be issued U.S. Passport Card will suffice for employment verification purposes, and will be accepted on the Form I-9. The E-Verify Program – an online system that verifies an individual’s work eligibility – used by employers will also accept the new U.S. Passport Card.

The U.S. Passport Card was designed as a response to new border travel requirements, which require U.S. citizens to carry both a state issued identification card (e.g. drivers’ license) as well as a birth certificate or a U.S. Passport in order to cross U.S. land borders between the United States, Mexico, Canada, Bahamas and the Caribbean. The U.S. Passport Card holders will not need to carry the two forms of identifications mentioned above.

The U.S. Passport Card is a more convenient and cheaper alternative to a standard U.S. Passport for individuals crossing the United States border from the aforementioned countries.

As of February 2008, applications for the U.S. Passport Card became available and close to
half a million people have already applied for the card. The U.S. Passport Card is wallet sized, and is expected to become popular with individuals living in border towns and cruise passengers. The card is valid for 10 years, and is only applicable for land and sea travel. The U.S. Passport Card is cannot be used for international air travel, or any other travel requiring a U.S. passport.

The card is expected to be available to applicants in the fall of 2008.