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May 2012
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USCIS ISSUES PRECEDENT DECISION ON P-3 NONIMMIGRANT PETITION

According to a USCIS News Release:  “U.S. Citizenship and Immigration Services’ (USCIS) Administrative Appeals Office (AAO) today issued a binding precedent decision addressing the term “culturally unique” and its significance in the adjudication of petitions for performing artists and entertainers.”

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H-1B CAP COUNT (5/11/2012)

According to the USCIS, as of May 11, 2012, the agency has received 36.700 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 14.800 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

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VISA BULLETIN FOR JUNE 2012

The Visa Bulletin for June 2012 is now available.

The EB-2 categories for India and China are unavailable until October 1, 2012, the start of the new fiscal year.

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H-1B CAP COUNT (5/4/2012)…HALF WAY THERE!

According to the USCIS, as of May 4, 2012, the agency has received 32,500 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 13,700 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

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DHS ANNOUNCES RE-DESIGNATION AND 18-MONTH EXTENSION OF DESIGNATION OF SOMALIA FOR TEMPORARY PROTECTED STATUS

According to a USCIS News Release:  “Secretary of Homeland Security Janet Napolitano has re-designated Somalia for Temporary Protected Status (TPS) and has extended the existing TPS designation for Somalia from Sept. 18, 2012 through March 17, 2014, allowing eligible nationals of Somalia to register or re-register for TPS in accordance with the Federal Register notice.”

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USCIS IS NOW ON FACEBOOK

The USCIS has announced that is is now on Facebook.

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H-1B CAP COUNT (4/27/2012)

According to the USCIS, as of April 27, 2012, the agency has received 29,200 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 12,300 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

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PROPOSED PROVISIONAL UNLAWFUL PRESENCE WAIVER IS NOT YET IN EFFECT

According to a USCIS News Release:  “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.”

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SCOTUS HEARS ARGUMENTS REGARDING ARIZONA’S IMMIGRATION LAW

According to an article on nytimes.com:  “Justices across the ideological spectrum appeared inclined to uphold a controversial part of Arizona’s aggressive 2010 immigration law, based on their questions on Wednesday at a Supreme Court argument.”

A decision is expected in June.  It will be interesting to see how the Justices come down on this case.  If Arizona required police to check the immigration status of all persons stopped, another state could enact a law (as some municipalities have) prohibiting police from inquiring as to a person’s immigration status.  Some states could become “sanctuary states” if they are more lenient, welcoming and accepting of undocumented persons whereas others would be “enforcement states” that undocumented individuals would avoid. Should this occur, it will be fascinating for a Sociology major like me to witness which states fare better, those with a welcoming climate or those that are purely enforcement oriented.

This issue is far from over, as no arguments were made with regard to racial profiling.  Moreover, if Arizona were to prevail on significant parts of the law, it and other states would likely push the envelope and introduce immigration bills that could conflict with federal immigration law.

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H-1B CAP COUNT (4/20/2012)

According to the USCIS, as of April 20, 2012, the agency has received 25,000 out of 65,000 available cap-subject H-1B petitions for FY-2013 and 10,900 out of 20,000 available petitions under the H-1B Master’s Cap Exemption.

Please visit our firm’s websites at www.immigrantconnect.com and www.americaninvestorvisa.com and check out our page and become our fan on Facebook!