Yahoo! News - Bush Faces GOP Fight Over Guest Workers

Yahoo! News - Bush Faces GOP Fight Over Guest Workers

PERM Published: AILA Analyis in Adobe format

We provide our readers with the AILA analysis of the new PERM labor certification regulation.

Yahoo! News - Bush Says U.S. Immigration System Not Working

Yahoo! News - Bush Says U.S. Immigration System Not Working

PERM Regulation Finally Ready?

OMB Completes Final PERM Rule Review : printer friendly version

AILA reports that OMB has approved the final PERM regulation, expected any day now.

China, India and Phillippines EB3 Numbers retrogress in January, 2005

Visa Bulletin for November 2004

We provide you with a link to the Department of State's Visa Bulletin. Please note that China, India and Phillippines EB3 Numbers will retrogress in January, 2005 to January 1, 2002. The Visa Office provides the following explanation, reproduced here:

"In recent years, all Employment-based categories have been “Current” for all countries, primarily as a result of two factors:

1. The American Competitiveness in the Twenty-First Century Act (Title I of Pub. L. 106 - 313 enacted on October 17, 2000) contained several provisions intended to increase the availability of Employment-based numbers. Pub. L. 106-313 recaptured those Employment-based numbers that were available but not used in Fiscal Years 1999 and 2000, creating a “pool” of 130,107 numbers which could be allocated to applicants in the Employment First, Second, and Third preference categories once the annual Employment-based numerical limit has been reached. Approximately 101,000 of these “pool” numbers remain available for use during FY-1005. Pub. L. 106-313 also removed the per-country limit in any calendar quarter in which overall applicant demand for Employment-based visa numbers is less than the total of such numbers available.
2. Changes in CIS processing procedures during the past two years created a significant backlog of cases and a consequent reduction in demand for numbers.
During the time that the Employment-based categories have remained “Current” many tens of thousands of applicants have become eligible to file for adjustment of status. Last summer, CIS notified Congress of its intent to eliminate its current backlogs by the end of FY-2006. As a result of the CIS backlog reduction effort, we are now experiencing very heavy visa demand as CIS has begun to process cases to conclusion. Section 201(a)(2) of the Immigration and Nationality Act states that not more than 27 percent of the Employment-based annual limit may be used in each of the first three quarters of a fiscal year. Based on the current rate of demand, the 27 percent level for the first quarter of FY-2005 will be exceeded by the end of December.

It has therefore become necessary to impose an Employment-based Third preference cut-off date for January in order to limit number use during the second quarter. Many of the cases have priority dates that are several years old, and the cut-off date represents the first priority date that cannot be accommodated for final processing. The cut-off date will apply only to the following chargeability areas: China-mainland born, India, and Philippines. Cut-off date movement during the remainder of FY-2005 depends on the extent of future visa demand. No specific predictions are possible at this time."

Kerik Tapped to Lead Homeland Security

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