Thursday, January 03, 2008
Requirement for EB Petition Beneficiary Alternate Chargeability to Spouse's Country of Birth
When one immigrant visa applicant can confer a more favorable preference status upon another at the same time the other immigrant visa applicant can confer a more favorable foreign state chargeability, both applicants can be
considered principal aliens. In such cases, however, both applicants must be admitted to the United States simultaneously. For example, if the principal applicant was born in India and the accompanying spouse was born in France, the principal applicant born in India can be charged to his spouse’s country of chargeability (France), even if the priority date is not current for India.
When one immigrant visa applicant can confer a more favorable preference status upon another at the same time the other immigrant visa applicant can confer a more favorable foreign state chargeability, both applicants can be
considered principal aliens. In such cases, however, both applicants must be admitted to the United States simultaneously. For example, if the principal applicant was born in India and the accompanying spouse was born in France, the principal applicant born in India can be charged to his spouse’s country of chargeability (France), even if the priority date is not current for India.
Wednesday, January 02, 2008
EB-2 Visa Number Retrogression or Predicted Unavailability for Indians and Alternate Chargeability to Country of Parent's Country of Birth
As for the alternate chargeability to the country where the parents were born, the rule states that an alien born in a foreign state in which neither parent was born or had residence at the alien's time of birth is allowed to choose the coutry of parents' birth rather than the country of his birth, provided that at the time of the his/her birth, the parent or parents were stationed in the country of his/her birth under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to the country of his/her birth. In other words, if the parents give a birth in certain country while visiting on a personal pleasure, even if the parents were not resident of the country of his/her birth at the time of his/her birth in the country, rule appears to be that the alternate charge to the country of the parents' country of birth may not be available. Otherwise, he/she will be subject to the general rule of chargeability that if his/her place of birth has undergone changes in political jurisdiction since the time of his or her birth, he is subject to the foreign state limitation of the state, which has jurisdiction over that place of birth at the time of his/her visa application. [Hong Kong is excepted from this rule by a special provision]
As for the alternate chargeability to the country where the parents were born, the rule states that an alien born in a foreign state in which neither parent was born or had residence at the alien's time of birth is allowed to choose the coutry of parents' birth rather than the country of his birth, provided that at the time of the his/her birth, the parent or parents were stationed in the country of his/her birth under orders or instructions of an employer, principal or superior authority whose business or profession was foreign to the country of his/her birth. In other words, if the parents give a birth in certain country while visiting on a personal pleasure, even if the parents were not resident of the country of his/her birth at the time of his/her birth in the country, rule appears to be that the alternate charge to the country of the parents' country of birth may not be available. Otherwise, he/she will be subject to the general rule of chargeability that if his/her place of birth has undergone changes in political jurisdiction since the time of his or her birth, he is subject to the foreign state limitation of the state, which has jurisdiction over that place of birth at the time of his/her visa application. [Hong Kong is excepted from this rule by a special provision]
Friday, December 21, 2007
Thursday, December 20, 2007
India EB-2 Retrogression for Two Years and 2002 and 2001 Priority Date Applications
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
source: http://www.immigration-law.com/
Traditionally, the legacy INS and USCIS have been exercising its discretion more or less expediting those cases whose visa numbers would be retrogressed substantially to relieve them from the hardship. We have no information available about the number of Indian EB-2 cases with the priority dates between January 2002 and January 2000. These cases are available for adjudication in December 2007. These cases could have been those received approval of the traditional labor certification cases which were approved before October 1, 2007 by the DOL Backlog Elimination Centers. Unfortunately, the huge retrogression will occur during the nation's most celebrated year-end holiday period when the working days and adjudication resources will be very limited. We trust that the USCIS leaders are and will be doing everything possible to adjudicate these Indian cases before the end of the year.
source: http://www.immigration-law.com/
Thursday, November 08, 2007
Tuesday, November 06, 2007
11/02/2007: H.R. 3043 Conference Update - Both Immigration Bills Killed!
- One good news and one bad news. According to the AILA, the Conference committee took out both immigration riders from the H.R. 3043. It means that there will be no increase of the H-1B to $5,830. At the same time, there will be no recapture of EB-3 visa numbers for the Schedule A workers through this legislation.
Wednesday, September 06, 2006
Senate Judiciary Subcommittee Hearing at 9:00 This Morning at University of Texas, Dallas for the Issue of "U.S. Visa Policy: Competition for International Scholars, Scientists and Skilled Workers"
- Senate Judiciary Subcommittee on Immigration, Border Security, and Citizenship will hold a hearing on the issue which was the subject of the proposed legislation of PACE Act, SKIL Act, and part of the CIR. Several witnesses will testify the need for educated foreign workers to enhance the competitiveness of the U.S. For the details, please click here.
- Text of Testimonies:
- Bo Cooper, Former INS General Counsel
- Phyllis Norman, VP, Harris Methodist Ft. Worth Hospital, Dallas
- Lance Kaplan, Partner, Pragomen, et al.
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