Robinson Kirlew & Associates, P.C.

Our experienced immigration attorneys provide guidance and counsel to individuals, organizations and businesses around the world. An experienced immigration attorney is ready to review your case.

7731 Belle Point Drive
Greenbelt, MD 20770
Phone 301.614.3330
Fax 301.614.3336
info@robinsonkirlew.com

Experienced Immigration Lawyers are Available to Help You.

Our U.S. immigration attorneys represent individuals and businesses in U.S. immigration matters across all states and in many foreign countries. Contact us – to connect directly with an experienced immigration lawyer. We offer Free 15 minute initial case evaluations. An immigration lawyer will get a basic outline of your situation and evaluate what our firm can do for you.

USCIS Announces Use of Fiscal Year 2011 Employment Based Visa Allocations

The Department of State has informed U.S. Citizenship and Immigration Services (USCIS) that all employment-based immigrant visas have been distributed for fiscal year 2011. Every fiscal year (October 1st – September 30th), at least 140,000 employment-based immigrant visas are made available to qualified applicants who seek to immigrate based on an offer of employment to the principal applicant. Applicants should note that USCIS will continue accepting adjustment of status applications based on the September visa bulletin through the entire month of September.  However, there will be no Employment Based visas issued until the new fiscal year which begins on October 1, 2011.

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Diversity Lottery 2013

The Department of State has announced that the online registration period for the 2013 Diversity Visa Program (DV-2013) will begin on Tuesday, October 4, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4), and conclude on Saturday, November 5, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4).

The DV-2013 Lottery Instructions is available in English in  PDF format for your convenience and required use. The English language version of the DV-2013 Lottery Instructions is the only official version. Unofficial translations in additional languages are also available.

Natives of the following countries are ineligible as they have sent over 50,000 immigrants to the United States in the past 5 years.

Ineligible Countries:   Bangladesh, Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, Jamaica, Mexico, India, Pakistan, Peru,, Philippines, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Individuals born in Hong Kong SAR, Macau SAR and Taiwan are eligible

The Diversity Immigrant Visa Program makes available up to 55,000 diversity visas (DVs) annually.  The winners are randomly selected from all entrants who meet strict eligibility requirements including 1) a high school education or its equivalent; or 2) two years of experience in an occupation requiring at least two years of training or experience.  Winners are selected from countries with low rates of immigration to the United States.  Additional information is available by visiting Diversity Visa Lottery Instructions webpage.

To learn more about qualifying occupations, see the Diversity Visa Instructions Frequently Asked Questions and the List of Occupations webpage.

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October 2011 Visa Bulletin

The October 2011 Visa bulletin, the first for the fiscal year 2012 has been issued by the Department of State. In the employment sponsored categories, movement continues to be slow and steady.  For family based petitions, the F2A category (spouse and minor children) of Lawful Permanent Residents has jumped 6 months with Visas now available for petitions filed January 2009 or earlier.  In all other categories, movement continues to be slowly forward with slight retrogression for married children of US Citizens.

Family- Sponsored

All Chargeability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

F1

15JUN04

15JUN04

15JUN04

22MAR93

08JAN97

F2A *

08JAN09

08JAN09

08JAN09

15OCT08

08JAN09

F2B

15JUL03

15JUL03

15JUL03

22NOV92

01MAY01

F3

08SEP01

08SEP01

08SEP01

01DEC92

08JUN92

F4

15MAY00

15MAY00

15MAY00

08APR96

01AUG88

 

Employment- Based

All Charge-ability Areas Except Those Listed

CHINA- mainland born

INDIA

MEXICO

PHILIPPINES

1st

C

C

C

C

C

2nd

C

15JUL07

15JUL07

C

C

3rd

08DEC05

08AUG04

15JUL02

08DEC05

08DEC05

Other Workers*

15SEP05

22APR03

08JUN02

15SEP05

15SEP05

4th

C

C

C

C

C

Certain Religious Workers

C

C

C

C

C

5th    
Targeted Employment Areas/Regional Centers
and Pilot Programs

C

C

C

C

C

 

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FY 2012 H-1B Cap Count

As of August 26,  2011, the USCIS has received 29,000 petitions towards the H-1B regular cap of 65,000.  They have received 15,800 petitions towards the Masters cap of 20,000.   There are just over 40,000 visas still available for the fiscal year which begins  October 1, 2011.  At the current rate, Visas should continue to be available to November 2011.

FY 2012 H-1B Cap Count

Cap TypeCap Amount Cap Eligible Petitions Date of Last Count
H-1B Regular Cap 65,000 29,0008/26/2011
H-1B Master’s Exemption20,00015,8008/26/2011

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H-1B Cap Exemption Based on Relation or Affiliation

H-1B Cap Exemption Based on Relation or Affiliation

On March 16, 2011, the USCIS announced interim procedures that apply to non profit entities who have filed for H-1B exemption as related to or affiliated to an institution of higher education.  The USCIS will “give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education – absent any significant change in circumstances or clear error in prior adjudication.”  When filing a new petition requesting cap exemption, petitioners must include a copy of  a previously approved cap exempt petition including the attachments along with a copy of the approval notice.
The USCIS emphasized that this procedure is only in place for an interim period as they work on providing concrete and permanent guidance in connection with these petitions. A copy of the release is available at this link.
Disclaimer
The information contained in this website has been prepared by Robinson Kirlew & Associates, P.C. for informational purposes only and is not legal advice or counsel. It is intended to educated members of the public generally and is not intended to address individual problems. Readers are strongly advised to seek competent legal counsel to solve individual problems. This information contained in this web site does not establish an attorney client relationship. Any reliance on information contained herein is taken at your own risk.
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