Click here to view the report.

Summary of Employment-Based Categories

• EB-1 remains current
• EB-2 remains current for everyone except India and China, which are unavailable.
• EB-3 Rest of World and EB-3 Mexico move forward by five weeks to June 8, 2006.  EB-3 Philippines moves forward by three weeks to May 22, 2006, EB-3 China  moves forward by more than four months to August 8, 2005, and EB-3 India  moves forward by one week to September 15, 2002.
• The “other worker” category remains unchanged for China – April 22, 2003.  It moves forward by five weeks for ROW and Mexico, and EB-3 Philippines moves forward by three weeks to May 22, 2006.  Additionally, dates move forward by one week for India to September 15, 2002.

Summary of the Family-Based Categories

• FB-1 Rest of World, China and India move forward by seven weeks to June 22, 2005.   FB-1 Mexico remains unchanged at May 15, 1993 and FB-1 Philippines remains unchanged at July 1, 1997.
• FB-2A moves forward by six weeks to January 1, 2010 for ROW, China, India, and Philippines.  FB-2A Mexico moves forward by seven weeks to December 8, 2009.
• FB-2B ROW, China and India move forward by seven weeks to April 15, 2004.  FB-2B Mexico moves forward by one month to January 1, 1992 and FB-2B Philippines remains unchanged at December 8, 2001.

For more information, please see the June 2012 Visa Bulletin on the Department of State website.

• The Provisional Unlawful Presence Waiver is NOT in effect. The provisional unlawful presence waiver will not be available to potential applicants until an effective date is specified in the final rule USCIS will publish later this year in the Federal Register. USCIS has published a notice of proposed rulemaking and will consider all comments received as part of that process before publishing a final rule.

• Do not send an application requesting a provisional waiver at this time. USCIS will reject any application requesting a provisional waiver and return the application and any related fees to the applicant. USCIS cannot accept requests for a provisional waiver until the process change takes effect.

• Beware of notarios, or other individuals who are not authorized to practice immigration law, who claim they can help you get a provisional waiver. These individuals also may ask you to pay them money upfront to file an application for a provisional waiver. Avoid such scams. Learn to protect yourself and your family against unauthorized practitioners and immigration scams by visiting the Avoid Scams page on the USCIS website.

• If you have been scheduled for your immigrant visa interview with the U.S. Department of State, attend the interview. The Department of State may cancel your immigrant visa registration if you fail to appear for your interview.

A detailed Web page addressing the proposed rule is currently posted here.

Thursday, April 26, 2012

12:15 PM – 1:15 PM (Eastern Time)Show in My Timezone

Click to Download Powerpoint

Understanding the Visa Bulletin – EB-2 Green Card Backlogs for Indian and Chinese Nationals

There are only a limited number of employment-based immigrant visas (green cards) available each year to physicians and other applicants in the Employment-Based Second Preference (EB-2) Category. Join us as we discuss the impact of the EB-2 backlogs for Indian and Chinese Nationals and learn about strategies to minimize your “wait in line” for green card eligibility.

Thursday, May 24, 2012 2:00 PM – 3:00 PM (Eastern Time)

Immigration Issues for H-1B Medical Residents

International Medical Graduates completing their residency training programs in H-1B status face unique issues when seeking employment after graduation. Join us as we discuss the H-1B cap, limits on H-1B time, and other special considerations for H-1B IMGs.

Tuesday, June 12, 2012 12:15 PM – 1:15 PM (Eastern Time)

Conrad 30 Program Overview – J-1 Waiver & H-1B Process

The majority of International Medical Graduates (IMGs) complete their residency training programs and/or fellowships in J-1 Visa Status. IMG Physicians in J-1 Visa Status are subject to the “2 year home residency requirement” unless they receive a waiver. Join us as we review the most popular waiver program, the State Conrad 30 J-1 Waiver Program, and discuss the J-1 Waiver/H-1B process.

Furthermore, VFS  announced that receipts issued by HDFC Bank prior to April 23, 2012 and are not more than a year old, will be honored.

A link to the announcement can be found here.

The United States Citizenship and Immigration Service will continue to accept applications for adjustment of status based upon cut-off dates published in the April and May 2012 Visa Bulletins, however requests from USCIS service centers and field offices for visas in the EB-2 category for China-mainland born and India will be placed on hold the by the Department of State for authorization in FY2013, beginning on October 1, 2012.

Visa applicants with appointments in April at consulates abroad will still receive visas, as those numbers were allocated before the cut-off date was established. USCIS will continue to accept adjustment applications for Chinese and Indian nationals with priority dates established in the April 2012 Visa Bulletin. Cases with priority dates of August 15, 2007 or later, will be pre-adjudicated and held in a “pending” file until new visas are available for FY2013 on October 1, 2012.

The Law Offices of Dayna Kelly will continue to update it’s readers of new developments.

Green Card Options for Physicians – EB-2 & EB-1

Thinking ahead about Lawful Permanent Residency? Join us as we discuss the most common routes to “green card” status undertaken by International Medical Graduate physicians. Labor Certification (PERM), National Interest Waiver for Physicians, as well as the Employment Based 1st Preference categories will be discussed.

Click here to view the Powerpoint presentation associated with this Webinar.