Despite what was listed in the figures put out by the DOS just yesterday, it appears that there has been quite a bit more usage than they indicated.  Apparently there have been quite a few "upgrade cases" that the DOS and USCIS had not taken into account in its figures.  These are cases that were filed as EB-3 cases and are now being upgraded to EB-2 cases.  Because of this, even with the date pushed back to 2007, USCIS was still receiving to much demand for immigrant visas in the EB-2 Category for India and China.  Therefore, as of June 1, 2012 EB-2 immigrant visas for India and China will be unavailable.  DOS indicated that it may be necessary to institute a cut off date for all remaining countries in both the EB-1 and EB-2 categories in the coming months.  We will update you as we get more information.

The Department of State has released new figures for the demand of EB-2 visas.  The DOS is stating that there are approximatly 12,650 EB-2 cases awaiting immigrant visas for those from India.  There are appoximatly 2,950 EB-2 cases awaiting immigrant visas for those from China, and approximately 150 EB-2 Cases awaiting visas from the rest of the world.   So at current usuage numbers, the backlog for India is approximately 4 years (assuming all these backlogged cases are good) and about 1 to 2 year for China. 

The Department of State has released new figures for the demand of EB-2 visas.  The DOS is stating that there are approximatly 12,650 EB-2 cases awaiting immigrant visas for those from India.  There are appoximatly 2,950 EB-2 cases awaiting immigrant visas for those from China, and approximately 150 EB-2 Cases awaiting visas from the rest of the world.   So at current usuage numbers, the backlog for India is approximately 4 years (assuming all these backlogged cases are good) and about 1 to 2 year for China. 

In a major court case, Imagine Schools in Ohio settled a discrimination case with USCIS.  The School system, in re-verifying information contained on I-9 forms asked a permanent resident, who had previously provided a copy of his permanent resident card, to provide it again.  He refused and was fired.

USCIS determined that, since the Permanent Resident Card is one of the documents listed that is exempt from re-verification by the employer (i.e. once you have it, you have the proof you need unless there is something that comes up that calls its veracity into question), that it was discriminatory of the employer to require the employee to produce the document (especially because they asked for that specific document).

They had to pay back pay, fines, re-hire the employee, and are now being monitored for compliance for 18 months from the federal government.

Always make sure that your human resourse employees are familiar with the I-9 processes and have adequate training.  Please call us if you are in need of such training. 

The last count of H-1B's receipted by USCIS was on April 30, 2012.  At that time approximatly 29, 200 applications for the H-1B cap had been receipted.  As of May 4, that number is now 32,500.  It does appear, looking at these figures and previous numbers that there is a slow down in the number of new cases.

For the H-1B master's cap, 12,300 were receipted as of April 30, 2012.  And as of May 4, that number had risen to 13, 700.  Again, this does indicate a slow down.

Despite the slow down in cases being receipted, I would still urge anyone contemplating filing an H-1B to do so as quick as possible to not miss this opportunity.

According to the Pew Research center, the net migration to the US from Mexico has dropped to zero, or, possible, has become a net loss.  This means more people from Mexico are actually leaving the US than are coming to the US.  This covers both legal and illegal migration.  To read more about this report go to http://pewresearch.org/pubs/2250/mexican-immigration-immigrants-illegal-borde...>

The Supreme Court has had oral arguements on the legality of the immigration laws passed by the state of Arizona.  Many analysts now predict that the Supreme Court will uphold most, if not all, of the law.  I differ on this.  While I think the Supreme Court did seem to knock the arguement of the administrtaion that does not necessarily mean that they will uphold the law.  I think that they will use their own reasoning to see that the Congress has pre-emted the states in this regard and will not allow states to pass such laws, fragmenting the enforcement of such laws.  I think that the Court was simply not impressed with the way the arguements were made by the administration and showed their displeasure.  We will see in a few months when they release their decision.

As of April 27, 2012, USCIS has receipted approximately 29,200 H-1B applications towards the 65,000 annual cap for the 2013 fiscal year.  In additon, they have receipted 12,300 towards the 20,000 Masters cap.

USCIS has now receipted nearly 25,000 H-1B cap subject petitions (out of a possible 65,000).  Additionally, nearly 10,900 H-1B applications were receioted for aliens with advanced degrees (the 20,000 additional cap).

According to USCIS, as of 4/9/2012, they have receipted approximately 17,400 cap subject cases (out of approximately 65,000 total).  Additionally, USCIS has receipted approximately 8,200 H-1B petitions for aliens with advanced degrees (out of 20,000 total).