Entries by Cyrus Mehta

June 2009 Immigration Update

Headlines: 1. USCIS Updates Progress Toward H-1B Cap – USCIS has received approximately 45,700 H-1B petitions toward the H-1B cap for FY 2010. 2. USCIS Announces Extension of J-1 Entry Date for International Medical Graduates to Qualify for "Conrad 30" – The date by which international medical graduates must have been granted J-1 nonimmigrant status […]

GRIM SITUATION FOR EMPLOYMENT-BASED IMMIGRANT VISA AVAILABILITY

by Cyrus D. Mehta* The Department of State Visa Bulletin for June 2009, http://travel.state.gov/visa/frvi/bulletin/bulletin_4497.html, notes that the India Employment-Based Second Preference (EB-2) has retrogressed to January 1, 2000. The Employment-Based Third Preference (EB-3) for all countries of the world continues to remain unavailable. The June Visa Bulletin also states that the demand for numbers, primarily […]

ADJUSTING UNDER 245(a) DESPITE HAVING ENTERED USING A FALSE IDENTITY

by Adam Ketcher*             To adjust his or her status to lawful permanent resident under section 245(a) of the Immigration and Nationality Act (“INA”), an individual must show the Service,1 or an Immigration Judge,2 that s/he has been admitted to the United States following inspection (or parole) by and authorization from an immigration officer,3 that […]

PROVING LAWFUL SOURCE OF FUNDS FOR THE EB-5 IMMIGRANT VISA PROGRAM

byCora-Ann V. Pestaina* Today, foreign nationals seeking permanent resident status in the U.S. through employment, face increasingly dwindling options. For many U.S. employers, sponsorship of a foreign national is less of a priority, or even a possibility, as they struggle to weather the continuing economic downturn. More often than not, even those individuals fortunate enough […]

May 2009 Immigration Update

Headlines: 1. H-1B Cap Not Yet Reached, USCIS Announces – The agency continues to accept petitions subject to the general cap. 2. DOL Announces New LCA/PERM Labor Cert Electronic Application System – ‘iCERT’ is a new electronic system for submitting the labor condition application (LCA) and the application for permanent labor certification. 3. DOL Extends […]

FOLLOW CYRUS ON TWITTER

Since everybody is doing it, we too are up on Twitter at http://twitter.com/cyrusmehta.  We have and will continue to post insightful updates.  We invite you to follow us as we twitter away.  Once you follow us, each time we Тtweet,У a new message will appear on your twitter home page.  To join Twitter, go to […]

EB-3 BECOMES UNAVAILABLE IN May 2009

by Cyrus D. Mehta* The State Department’s Visa Bulletin for May 2009, available at http://travel.state.gov/visa/frvi/bulletin/bulletin_4454.html, indicates that the Employment-Based 3rd Preference (EB-3) for all countries will become unavailable on May 1, 2009. Similarly, the Unskilled “Other Worker” category within EB-3 will also become unavailable on May 1, 2009. Therefore, those who are beneficiaries of approved […]

STUDENTS AND IMMIGRANT INTENT

byCyrus D. Mehta* As prospective students to the US are thinking of applying for a student visa at an overseas US consulate, it is important to take note of a helpful Department of State advisory that was sent to consulate posts worldwide, Students and Immigrant Intent, Cable, DOS, 05-State-180015 (Sept. 28, 2005) (“DOS Advisory”). The […]

April 2009 Immigration Update

Headlines: 1. H-1B Update: FY 2010 Filing Starts April 1 – USCIS has put in place a five-day window for H-1B filings if the agency receives 65,000 or more applications within the first five business days in April. 2. H-2A/H-2B: DOL Withdraws Interpretation of FLSA On Relocation Expenses – The interpretation said that the FLSA […]