Sunday, June 24, 2012

Mid-August for DREAMers Work Authorization?

USCIS now expects to start accepting applications for work authorization for the DREAMers in mid-August.  Many immigration activists, however, say that this is too late.  They are concerned that given that CIS is often tardy in implementing benefits, the mid-August date could be pushed off.  If Romney, is elected, they reason, it may never happen. Activists urge DREAMers to keep up the political pressure.

Monday, June 18, 2012

More From USCIS On The Dream Act Announcement

At a USCIS Stakeholders’ conference today, the agency added some important information to Friday’s Dream Act statement. First, the period to accept requests for deferred action has not yet opened; any requests made prematurely will be denied. CIS will be making decisions about the implementation of the memo over the next 60 days. Second, denial of deferred action cannot be appealed. Third, EADs, which will be granted for two years, will be renewable at the end of the two years. Finally, in terms of evidence to establish eligibility, CIS forsees the use of financial records, school records, medical records, employment records, and military records.

Saturday, June 16, 2012


The Obama administration finally took action on behalf the "dreamers", individuals who came to the U.S. as children and would have benefit from the failed Dream Act.  On June 15 Janet Napolitano, Secretary of Homeland Security, issued a memorandum regarding the dreamers.  The memo describes the dreamers as "young people who were brought to this country as children and know only this country as home." 

The memo grants two years of "deferred action" to these individuals.  Deferred action will permit the beneficiaries to obtain work authorization.  In order to be eligible, an individual must meet the following critera:

1)  came to the U.S. under the age of 16;
2)  has continuously resided in the US for at least 5 years preceding the date of this memorandum and is present in the U.S. on the date of this memorandum;
3)  is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
4)  has not been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses, or otherwise poses a threat to national security or public safety; and
5)  is not above the age of 30
6)  must be at least 15 years old.

The memo directs USCIS to begin implementing this process within 60 dys of the date of  this memorandum.

Tuesday, June 12, 2012

FY2013 H-1Bs Going, Going, Gone

On June 11, 2012, USCIS received a sufficient number of petitions to reach the cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap going forward.

USCIS continues to accept petitions exempted from the cap.

Tuesday, June 5, 2012

H-1Bs Almost Gone

USCIS updated its count of FY2013 cap-subject H-1B petitions & advanced degree cap-exempt petitions receipted. As of 6/1/12, nearly 55,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 18,700 H-1B petitions for aliens with advanced degrees.  This leaves less than 10,000 regular H-1Bs and less than 7,000 advanced degree H-1Bs.  Anyone contemplating filing for an H-1B should do it very soon.