联邦地区法院佐治亚北区法官近日裁定联邦劳工部（DOL）必须在一天内审核完毕原告的劳工纸申请。 该劳工纸（PERM）在劳工部等待了十个月。由于当事人的小孩即将满21周岁，他必须在那之前申报I-140， 而劳工纸批准前他不可能报
I-140。
劳工部的代表律师认为法院没有管辖权。但法院认为联邦政府各部门有义务不拖延地处理移民申请。劳工部也不例外。 而10个月的拖延不合理。
在联邦法院诉移民局，劳工部或领事馆仍是十分有效的手段。许多情况下，加速解决案件不仅是时间问题，它更关系到当事人或小孩的资格问题（如超龄）。
Showing posts with label 普通职业移民. Show all posts
Showing posts with label 普通职业移民. Show all posts
Monday, August 10, 2009
Thursday, June 11, 2009
移民签证配额(Visa Number)告急！
据美国国务院签证办公室近日的估计，各类职业移民签证配额用量大增，未来配额情况十分严峻。
签证办公室的欧本汉先生近日指出，第四类优先申请案大增，第五类（投资移民）的使用量也有大量增加。过去这两类优先的配额有大量剩余，所以第一和第二类优先申请人可以使用没有用完的第四和第五类优先配额。如今的情况表明以后可用的配额会减少，从而使中国大陆和印度的第二类优先申请案等待更长的时间。
第一类优先在6月或7月将不用排期，但从8月开始有可能开始排期。目前第一类优先申请案大幅增长。
目前有大约25,000印度第二优先申请人在等待配额，按目前情况推算，配额等待期可能在10年以上。
同印度一样，大量中国第二优先申请人在等待配额，估计从今年8月开始将没有配额。每一年中国大陆出生之第二类申请不能超过2,800（加上第一、四和五类优先未用的部分名额）。
从今年10月起，中国大陆第三类优先的排期会在2003年3月1日。
签证办公室的欧本汉先生近日指出，第四类优先申请案大增，第五类（投资移民）的使用量也有大量增加。过去这两类优先的配额有大量剩余，所以第一和第二类优先申请人可以使用没有用完的第四和第五类优先配额。如今的情况表明以后可用的配额会减少，从而使中国大陆和印度的第二类优先申请案等待更长的时间。
第一类优先在6月或7月将不用排期，但从8月开始有可能开始排期。目前第一类优先申请案大幅增长。
目前有大约25,000印度第二优先申请人在等待配额，按目前情况推算，配额等待期可能在10年以上。
同印度一样，大量中国第二优先申请人在等待配额，估计从今年8月开始将没有配额。每一年中国大陆出生之第二类申请不能超过2,800（加上第一、四和五类优先未用的部分名额）。
从今年10月起，中国大陆第三类优先的排期会在2003年3月1日。
Employment based visas are in short supply
Mr. Charles Oppenheim of the Department of State Visa Office has advised AILA of the following predictions for the movement of priority dates for the remainder of FY2009 and future years. He estimates that all 140,000 employment-based immigrant visa numbers will be used this fiscal year (October 1, 2008 through September 30, 2009). Mr. Oppenheim notes that the estimates provided on visa availability for the remainder of FY2009 were based on USCIS processing during the first 7 ½ months of the fiscal year, and any changes to USCIS processing patterns would impact availability. Mr. Oppenheim reported:
The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 ½ months of FY2009, and a lot could change between now and early September when October dates are established.
There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
The employment-based fourth preference, which includes religious workers and other special immigrants, has experienced a surge in usage of immigrant visa numbers this year. While this preference is current for June 2009, continued heavy demand for numbers could require the establishment of a cut-off date later in the fiscal year.
The employment-based fifth preference (immigrant investors) has also experienced a surge in usage of immigrant visa numbers this year.
The surge in usage of the employment-based fourth and fifth preference numbers is significant beyond those specific categories themselves because, historically, there have been substantial unused numbers in these categories which have been used to meet demand for visas in the employment-based first and second preference categories, allowing the China and India cut-off dates to advance further than would be possible if those categories are limited to only their annual limits. This means EB2 immigrants from China and India could have an even longer wait to obtain green cards.
The EB1 category worldwide will remain current the rest of the fiscal year but demand is high.
The EB1 categories for India and China will be current during the month of July 2009, but could require the establishment of a cut-off date in August or September should EB1 demand remain heavy. As noted above, China and India have previously benefited from the excess EB1 numbers for all other countries because excess visa numbers from other countries "fall across" the EB1 category to India and China. The high demand from other countries this year means there are fewer numbers to "fall across" to India and China.
EB2 India. The prognosis is grim. For July 2009, the cut-off date is January 1, 2000, and the category may become unavailable in August or September of 2009. There are currently approximately 25,000 EB2 India cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for the "green cards" to be approved. Like all other countries, India has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" numbers from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for Indian EB2 applicants may be measured in years, even decades.
EB2 China. The prognosis is equally grim. As of July 2009, the cut-off date will be January 1, 2000 and the category may become unavailable in August or September of 2009. There are a significant amount of EB2 China cases which have been reviewed by USCIS and queued up at the Department of State awaiting visa numbers for approval of the adjustment of status. Like all other countries, China has a limit of 2,800 EB2 numbers available per year plus any "fall across" and "fall down" from EB4, EB5 and EB1 visa numbers. Therefore, without legislative relief, the waiting time for China born EB2 applicants may also be many years.
EB3 Worldwide will be unavailable the remainder of this fiscal year. As the Department of Labor cleared its long backlog of Alien Labor Certification cases, there were tens of thousands of I-485 applications with priority dates in 2004 and earlier years which were processed by USCIS this year. The Department of State currently estimates that, as of October 1, 2009, the EB3 worldwide cut-off date will be March 1, 2003. There will be extended delays in this category.
EB3 visas for India, China and Mexico applicants will be unavailable for the remainder of the fiscal year. It is estimated, based on current demand for visa numbers that as of October 1, 2009, the following cut-off dates could be established: China will be March 1, 2003; India will be November 1, 2001; and Mexico will be March 1, 2003. These estimates are based on "current demand" in the first 7 ½ months of FY2009, and a lot could change between now and early September when October dates are established.
There are approximately 25,000 EB2 and 25,000 EB3 applicants currently queued at the Department of State awaiting visa numbers.
There are 2.7 million family-based applicants on the waiting lists for consular processing. Note that this information was provided in the March Visa Bulletin. (See AILA InfoNet Doc. No. 9021063.)
There could be approximately 50,000 employment-based applicants on the waiting lists for consular processing.
Currently almost 90% of all employment-based visa numbers are used by USCIS and 75% of all family-based visa numbers are used by consular posts.
Monday, January 12, 2009
一人公司申请职业移民成功
近日我们替一家仅有老板一人的公司申请其女友的职业移民成功。
该公司从事服装加工、进出口业务。老板是美国人，也不愿与女朋友结婚，但雇她在公司工作。老板长期在亚洲工作，往来于美国、亚洲之间。
我们于2005年先替老板的女朋友申请H1, 2007年12月报劳工纸，2008年3月劳工纸批准。2008年4月同时报I-140和I-485。I-140于2008年8月批准，I-485（绿卡）于2008年12月底批准。
这个案件的批准时间非常理想，而一人公司替申请带来的难度也是少见的。批准书见后。
Subscribe to:
Posts (Atom)