US visa applications at the American Embassy, London

The USCIS Ombudsman has now released the office’s annual report to Congress. To review the report, click here.

On July 17, 2010 the Financial Times carried an article entitled ‘Americans forfeit citizenship to avoid tax.’ For a discussion of the issues involved in renunciation of US citizenship, including the potential for being barred for life from the United States if one does renounce for the purpose of avoiding US tax, see our website article Giving Up US Citizenship: Is it Right for You?

July 13, 2010: Overview of US immigration law; residence requirements for US naturalization

The Federal Judicial Center has published a 186-page e-book entitled Immigration Law: A Primer. The Federal Judicial Center, created by Congress in 1967, is the research and education arm of the federal judicial system.

A recent article by Gary Endelman and Cyrus Mehta deals with the problems of maintaining and proving US residence for purposes of naturalizing as a US citizen. See ‘Naturalizing in a Flat World.’

July 6, 2010: More stringent visa rules for applicants with drink-driving arrests; new fees for consular services

The Department of State, acting pursuant to new instructions from the Centers for Disease Control and Prevention (CDC), has issued a cable changing the procedures and medical evaluations applicable to visa applicants. Among the changes: All visa applicants must be sent for a full medical examination if they have had a single alcohol-related arrest or conviction within the past five years or two or more alcohol-related arrests or convictions within the past ten years. For full details, see the CDC’s 37-page Technical Instructions on this subject.

The Department of State has announced a new fee schedule for certain consular services, effective July 13. A schedule of the new fees can be found by clicking here. Among the changes is the imposition for the first time of a fee for renunciation of US citizenship, in the amount of $450.00.

The H-1B petition filings continue at a slow pace. For those persons with an earned Master’s degree or higher from a US institution 20,000 H-1B’s are reserved. As of June 18, 9,700 eligible petitions had been received by the USCIS. Against the regular cap of approximately 65,000 available H-1B’s the USCIS had received 22,900 petitions as of that date. To go to the USCIS cap count page, click here.

The USCIS has published a report about the characteristics of H-1B workers during US Government Fiscal Year 2009 (ended September 30, 2009). This report, required by Congress, gives information regarding the occupations and countries of origin of, and compensation paid to, H-1B workers.

On Friday, 25 June the US Embassy in London will be holding a web chat from 10.00 to 11.00 on the topic of marriage-based immigration.

The USCIS has published a new proposed rule that would raise its fees a weighted average of ten per cent. Three new fees would be added, one of which would be for the work of the USCIS in connection with immigrant visas.

June 8, 2010: Nonimmigrant visa application fees go up; E-2 visas and the recession

The new schedule of nonimmigrant visa application fees announced in our May 25 Weekly Update entry went into effect on Friday, June 4.

In its May 28 issue the New York Times reports on the plight of E-2 visa holders whose visas were not renewed because the recession made previously-approved businesses ‘marginal.’ To read the article, click here.

The Department of Labor has released another in its series of ‘elaws’ guides to federal employment laws, and this time the topic is the H-1B visa. To go to the H-1B Advisor, click here.

Further on the subject of the H-1B visa: The USCIS has updated its count of the number of H-1B petitions accepted for filing. As of May 21 the USCIS had accepted for filing 19,600 regular cap cases, and 8,200 against the quota reserved for those persons with an earned master’s degree or higher from a US institution of higher education.

The I-94W is the green form that has been completed by millions of Visa Waiver Program entrants. (For a copy, click here.) By the end of the summer the I-94W will be no more, having been replaced by ESTA on-line registration. This according to a press release last week from the Department of Homeland Security.

Effective June 4 the standard visa application fee for a non petition-based nonimmigrant visa (such as a B-1/B-2) will rise from US$131 to US$140. A greater increase will apply to the petition-based visas (H, L, O, P, Q and R) for which the charge will be $150. Even larger increases are set for E visas ($390) and the K visas ($350). To see the Federal Register announcement of the changes, click here.

Under a new US law that became effective on March 4, 2010, a fee of at least US$10.00 is to be charged for each authorization under ESTA for visa-free travel to the United States. The ‘Travel Promotion Act of 2009’ requires the Secretary of Homeland Security to set the fee, and begin to collect it, no later than September 4, 2010. Since ESTA authorizations can be valid for up to two years, if you anticipate travel to the United States in the next two years you may wish to apply for ESTA authorization now, before the fee is put into place. For a discussion of the circumstances under which a new ESTA authorization must be obtained within the two years period see our website article Travelling to the US Without a Visa.

An article in the New York Times of April 26, 2010 has highlighted the small but growing number of people who give up their US citizenship; more than twice as many people expatriated themselves in the last quarter of 2009 as in all of 2008.

H-1B visas are still available. As of April 27, 2010 the USCIS had accepted for filing 16,500 H-1B regular cap cases, and 6,900 cases where the beneficiaries have an earned US Master’s degree or higher, and therefore qualify for the separate quota of 20,000. http://bit.ly/9pGpvp

A 2009 report from the Congressional Research Service entitled ‘Foreign Investor Visas: Policies and Issues,’ has been made public. (The CRS prepares reports at the request of members of Congress and Congressional committees; they are not for general release.) The report contains wide-ranging information about the past, present and future of the investor visas, both the nonimmigrant (E-1 and E-2) and the immigrant (EB-5). It makes worthwhile reading for anyone considering seeking a US visa through investment.

In the April 26 Federal Register the USCIS released its semi-annual regulatory agenda. It forecasts publishing in June a proposed rule to increase fees.

April 20, 2010: Statistics regarding new green card holders and citizens during FY2009.

The Office of Immigration Statistics within the Department of Homeland Security has released a number of reports regarding naturalizations and admissions to permanent resident status during Fiscal Year 2009. That was the period between October 1, 2008 to September 30, 2009. During that year 743,715 persons were naturalized as US citizens. The top three countries of origin were Mexico (15.0%), India (7.1%) and the Philippines (5.2%). The number of persons admitted to permanent resident status was 1,130,818, with Mexico (15.0%), People’s Republic of China (6.0%) and the Philippines (5.0%) the top three countries of origin. Fifty-nine percent of all new lawful permanent residents adjusted status in the United States, with 41% having applied for immigrant visas abroad.

April 13, 2010: H-1B filing season off to a slow start; Embassy schedules webchat

During the first week in which it is accepting petitions for H-1Bs in Fiscal Year 2011 the USCIS received approximately 19,100 petitions—13,500 counting against the overall cap and a further 5,600 for the 20,000 H-1Bs available every year to persons with earned advanced degrees from US institutions. http://bit.ly/dvZ79c

The US Embassy in London will be holding a webchat on April 16 at 3.00 pm BST on the subject of affidavits of support—both the I-864 and the I-134. Further information can be found on the Embassy’s website, in the Visa Services blog.

On April 1 the USCIS began accepting petitions for H-1B classification, employment to begin on or after October 1, 2010. Available is a total of approximately 78,200 new H-1B visas; 20,000 of that number are reserved for persons who have earned advanced degrees from a US institution of higher education.

Why April 1? It is because H-1B petitions cannot be filed more than six months in advance of the requested start date of employment. The annual quota of H-1B visas becomes available on October 1 of each year—the first day of the US Government’s fiscal year (‘FY’). Therefore petitions for the new ‘crop’ of H-1B’s cannot be filed before April 1.

For periodic updates on the number of petitions accepted for filing visit the USCIS web page on the subject by clicking here.

March 30, 2010: US Supreme Court to rule on citizenship statute; Greek citizens given date for visa-free travel

The US Supreme Court will hear arguments this autumn in a case challenging the statute that makes it easier for unwed US citizen mothers to transmit citizenship to their children than for unwed US citizen fathers. The opinion of the court below, as well as the filings of the parties in the Supreme Court, can be accessed on the SCOTUS blog. There is also an article in Forbes magazine on the subject.

Greek citizens will become eligible on April 5 to participate in the Visa Waiver Program. For a list of the requirements to travel visa-free please see our website article Travelling to the US Without a Visa.

After a career of 44 years, our friend and colleague, Edward Gudeon, has begun his well-earned retirement from the practice of immigration law in the United Kingdom. We wish him well as he enjoys the fruits of his many years of professional endeavour.

The firm will continue its practice as Gudeon & McFadden from our offices in Mayfair, advising individuals and businesses on all aspects of US immigration and nationality law, consular processing of immigrant and nonimmigrant visas, waivers of ineligibility, maintenance and loss of permanent resident status, and the acquisition of US citizenship and loss of citizenship by expatriation.

March 16, 2010: Greece added to the Visa Waiver Program; DS-160 visa application form now required

On March 9 the Secretary of Homeland Security announced that Greece will be added to the Visa Waiver Program. Citizens of Greece who fulfill the requirements for VWP travel, including online ESTA registration, will be able to travel to the US without visas within approximately 30 days. For information regarding the requirements for visa-free travel please see our website article Travelling to the US Without a Visa.

The DS-156 visa application form is no longer accepted at either the Embassy in London or the Consulate General in Belfast. All applicants for nonimmigrant visas (except K visas) must now use the DS-160 online form.

Due to applicants’ difficulty in connecting with the Department of State’s website in order to complete their applications and upload them, the Embassy in London has announced that all applicants in London and Belfast during the week of March 8 may continue to use the old forms—the DS-156, -157 and -158.

March 2, 2010: DS-160 form now required of all nonimmigrant visa applicants; US asylum case attracts international comment

Effective yesterday, March 1, all applicants for nonimmigrant visas at the US Embassy in London must use the new online form, the DS-160. To see the Embassy’s announcement on the subject, with links to the form, click here. The Embassy has also released a new YouTube video on the subject.

An immigration judge’s decision in January to grant asylum in the US to a German family continues to attract press coverage in both countries. The judge found that the family faced persecution due to their insistence upon home-schooling their children, which is illegal in Germany. Recent coverage includes articles in The New York Times, Time magazine, Spiegel, and Die Welt.

February 23, 2010: New processing rules for K-3 visas for spouses of US citizens; estimate of unauthorized population in the US

Effective 1 February 2010 the US Department of State will end its processing of a K-3 visa application (for the spouse of a US citizen) once the I-130 petition for alien relative, which is the foundation for an IR-1 or CR-1 immigrant visa, has been approved. To see the text of the Department’s guidance on the subject, click here.

The Department of Homeland Security estimates that as of January 2009 there were 10.8 million ‘unauthorized immigrants’ living in the United States. This represents an increase of 27% since 2000, but a decrease from the 11.6 million who were estimated to be present in January 2008.

The Department of State has published a proposed rule changing the fees assessed by the Department for immigrant visa processing, various American citizen services, and passport issuance. If implemented in its current form, the rule would decrease the fee for immigrant visa processing in family cases and would more than double the immigrant visa processing fee in employment-related matters. The rule will take effect on or after March 11, 2010.

Your correspondent is traveling. ‘Weekly Update’ will resume on February 16, 2010.

Effective yesterday, February 1, 2010, the DS-160 on-line visa application form became mandatory for all applicants for H, L, O, P, Q or R visas who are applying in person at the Embassy in London. The Consular Electronic Application Center website that carries the application has been experiencing connectivity problems, and applicants are therefore advised to save their work frequently.

Services at the Embassy this week are severely limited, and many interviews for both immigrant and nonimmigrant visas have been rescheduled. This is apparently due to the planned visit to London of the US Secretary of State Hillary Rodham Clinton.

As part of its response to the earthquake in Haiti, the Department of Homeland Security has announced that Temporary Protected Status (TPS) immigration status will be made available to qualifying Haitian nationals who were in the US on January 12, 2010. Once granted, TPS allows recipients to live and work in the United States for a set period—in this case, 18 months—with the potential for renewals. Created in 1990, TPS is available to nationals of countries designated by the Secretary of Homeland Security as suffering conditions that temporarily prevent those countries’ nationals from returning safely or, in certain circumstances, where the countries are unable to adequately handle the return of their nationals. In addition to Haiti the countries currently designated for TPS are El Salvador, Honduras, Nicaragua, Somalia and Sudan. For additional information regarding TPS, click here.

January 12, 2010: DS-160 visa application form now available; EB-5 regional centers list released

January 5, 2010: On-line visa application form to be required in London from February 1, 2010; H-1B visa quota reached

The US Embassy in London has announced that as of February 1, 2010 the DS-160 on-line visa application form will be required of all applicants for H, L, O, P, Q or R visas who are applying in person. (For information as to the categories of persons who may apply for visas by post/courier, click here) The DS-160 will be mandatory for all nonimmigrant visa applicants at the London Embassy as of March 1, 2010. Although the Embassy’s announcement and Visa Services blog entries on the subject do not mention K visas specifically, K applicants should be exempted from DS-160 completion, as the US Department of State has instructed embassies and consulates around the world to have K applicants continue to use the hard-copy DS-156 and DS-156K ‘until further notice.’ To see the Department’s announcement on the subject, click here.

On December 22, 2009 the USCIS announced that as of the previous day it had received sufficient H-1B petitions to reach the statutory cap for the current fiscal year (FY2010). It will conduct a lottery of all cap-subject petitions received on December 21 to determine which will be adjudicated and which will be returned, fee cheque uncashed.

We wish all our readers a happy and healthy festive season. ‘Weekly Update’ will resume on January 5.

The Department of State has announced its intention to raise the fee payable by applicants for nonimmigrant visas. The schedule of proposed fees was published in the Federal Register on December 14, with provision for a public comment period of 60 days. If the Department adopts the schedule as proposed, the standard Machine Readable Visa fee paid by applicants for non-petition visas (except E visas) will go up from $131 to $140. Steeper increases have been announced for the H, L, O, P and R visas, all of which will attract an application fee of $150, and for K (fiancée) visas, the fee for which will jump to $350. The biggest increase will be in the application fee payable for E visas; it will be $390, nearly three times the current level.

December 8, 2009: On-line visa applications coming soon to an American embassy or consulate near you

The Department of State is in the process of deploying world wide the on-line visa application form, the DS-160. If all goes according to plan, applicants for all nonimmigrant visas except for K visas will be using the web-based form by April 30, 2010. The US Embassy in London will be required to transition to the new form by March 1, 2010. For further information regarding the roll out, and links to forms, click here.

November 24, 2009: Website offers help to people wishing to study in the United States

The US Department of State has designed what it hopes will be a ‘one-stop shop’ website with information for people interested in studying in the US: www.educationusa.state.gov. In addition to visa information it offers a searchable database of US Government-sponsored advising centres throughout the world, reference materials on subjects such as university admission procedures, and access to EducationUSA pre-departure orientations.

November 17, 2009: Changes to immigrant visa medical examination and vaccinations announced; HIV infection will longer be grounds for inadmissibility

Effective December 14, 2009 applicants for immigrant visas or adjustment of status will no longer be required to have vaccines for either Human Papillomavirus (HPV) or Varicella Zoster Virus (the virus that causes both chickenpox and shingles). To read the final notice from the Centers from Disease Control and Prevention (CDC), click here.

Effective January 4, 2010, persons will no longer be inadmissible to the US based solely on the ground that they are infected with the Human Immunodeficiency Virus (HIV). Accordingly, applicants for immigrant visas or for adjustment of status will as of that date no longer be required to undergo HIV testing as part of the medical examination required for US immigration. Click here for the CDC’s new final rule on the subject.

November 10, 2009: H-1B quota nearly filled; Embassy takes aim at ‘lonely hearts’ fraudsters

The USCIS has updated its website to state that as of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed. The USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Therefore, any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000.

The US Embassy, London has released a YouTube video entitled ‘Scamnet: Lonely Hearts Scam Division.’ It offers dramatized tips on how to avoid becoming the victim of Internet-based fraud.

November 3, 2009: Help for visa applicants whose applications are undergoing administrative processing

Some visa applicants are told at their Embassy interview that their cases require additional administrative processing. If you attended a visa interview on or after October 1, 2009 and you received a 221(g) ‘Administrative Processing’ handout at the interview, you can now check the status of your case on-line. Instructions on the process can be found on the Embassy’s website. To go to the appropriate page, click here.

October 27, 2009: President of Massachusetts Institute of Technology lobbies for improvements to US visa system

In an opinion piece in the October 19, 2009 issue of the Wall Street Journal the president of MIT urged the US Government create an easier path to lawful permanent residence for persons with advanced degrees in science, technology, engineering and mathematics.

October 20, 2009: Visa appointments at the Embassy during the festive season

The US Embassy’s Operator-Assisted Information Service is now booking nonimmigrant visa appointments through to January 8, 2010. The Service can be reached at 090 42 450 100; calls cost £1.20 per minute to a BT landline. The Service is closed on December 25 through 28, 2009 and on January 1 and 2, 2010. It will close at 4.00 pm on December 24 and 31.

The Embassy will be closed on November 26, December 25 and 28, 2009 and on January 1, 2010.

October 13, 2009: USICS ‘clarification’ of rules for O and P visa petitions; green card lottery instructions and registration are available online

The US Citizenship and Immigration Services has issued what it terms a ‘clarification’ of the requirements for agents filing as petitioners, particularly (but not exclusively) in the context of the performing arts. To go to the press release, which has a link to an accompanying USCIS fact sheet, click here.

Full instructions and online registration forms are now available for the DV2011 ‘green card lottery’ programme; click here. The registration period began on October 2, 2009 at noon, Eastern Daylight Time and will end on November 30, 2009 at noon, Eastern Standard Time.

October 6, 2009: EB-5 regional center programme extended to October 31, 2009

The EB-5 regional center pilot programme, providing immigrant visas to investors who make qualifying investments of at least $500,000 in a business located within a pre-qualified ‘regional center,’ was set to expire on September 30, 2009. It has now been extended a further month, until October 31, 2009, while discussions continue over a possible further extension.

September 29, 2009 : New visa interview appointment times at the US Embassy in London

September 22, 2009: Green card lottery application period to begin October 2, 2009

The DV-2011 ‘green card lottery’ will be open for applications from October 2 to November 30, 2009. Click here to go to the Department of State’s Diversity Immigrant Visa Program page, which promises additional information as the commencement of the application period grows closer. Only electronic entries will be accepted.

September 15, 2009: New procedure for lost US visas; new ambassador to the United Kingdom

The US Embassy now requires persons whose passports are lost or stolen to report to the Embassy that loss or theft if the passport contained a valid US visa. This report can be made either by e-mail, post, or in person during a subsequent visa application. A fillable PDF copy of the required report, and additional information regarding the procedure , is available at the web page of the Lost and Stolen Passport/Visas office.

On August 17, 2009 the new US Ambassador, Louis B. Susman, arrived in the UK to take up his duties. A YouTube video by Ambassador Susman can be found by clicking here.

In June 2007 the US Department of State made public its instructions to US embassies and consulates, regarding the circumstances under which visa applicants must be required to undergo medical examinations for possible alcohol-related problems. Those circumstances fall into three categories:

If the applicant has a drink-driving arrest or conviction within the last three years;
If the applicant has two or more drink-driving arrests or convictions at any time;
If there is ‘any other evidence to suggest an alcohol problem.’

Business Week recently dealt with the issue of visa denials on the grounds of excessive alcohol consumption in an article entitled ‘Alcohol Factors into Increased Visa Denials.’

September 1, 2009: H-1B’s still available; US Government policy regarding searches of electronic equipment at the border

For the first time since 2004, H-1B visa numbers remain available into September for qualified applicants. As of August 14, 2009 approximately 45,000 H-1B cap-subject petitions for the upcoming fiscal year had been received by the USCIS. This represents an increase of only approximately 500 petitions in the month since the last count. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The USCIS is continuing to accept both types of petitions and will do so until it determines that sufficient numbers have been received to reach the statutory limits, taking into account that not all of the petitions are likely to be approved, and that some may be revoked or withdrawn.

The Department of Homeland Security has issued new directives governing its officers’ searches at US borders of electronic media and communications devices such as laptop computers and mobile phones. To read the Department’s press release, which contains links to the two sets of directives and to a privacy assessment, click here.

Your ‘Weekly Update’ author is on holiday. ‘Weekly Update’ will resume on September 1.

On Thursday, August 13 a consular officer from the visa section of the US Embassy in London will answer visa-related questions in a webchat open to all. It is scheduled to begin at 2 pm London time (1400 BST). No registration is necessary and questions and comments may be submitted before and during the programme. To participate, go to https://statedept.connectsolutions.com/london .

July 28, 2009: Premium Processing Service again available for some religious worker petitions

Effective July 20, 2009 Premium Processing Service (PPS) is available for some R-1 nonimmigrant religious worker petitions. Eligible for PPS are only those R-1 petitions filed by petitioners who have already passed an on-site USCIS inspection. For a copy of the USCIS announcement and accompanying Q&A, click here. This change has not yet been reflected in the USICS’s PPS information page, which continues to show that PPS is not available for any R-1 petitions.

Under PPS the USCIS guarantees petitioners a response to their petition within 15 calendar days of receipt. The fee for PPS is $1,000, which is in addition to the standard filing fee for the classification sought.

The USCIS has published a list of the regional investor centers approved for participation in the pilot programme for immigrant investors who make qualifying investments of at least $500,000 in a business located within a pre-qualified ‘regional center.’ In addition it has updated its Adjudicator’s Field Manual (AFM) on issues related to the job creation required of the EB-5 investor. A press release, with links to the AFM update, can be found here.

July 14, 2009: Status of green card lottery entries; updated H-1B petition count

People who took part in the DV-2010 ‘green card lottery’ may check the status of their entries on a new Department of State web page.

H-1B visa numbers remain available for qualified applicants. As of July 10, 2009 approximately 44,900 H-1B cap-subject petitions had been received by the USCIS. This represents an increase of only approximately 100 petitions in the two weeks since the last count. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The USCIS is continuing to accept both types of petitions and will do so until it determines that sufficient numbers have been received to reach the statutory limits, taking into account that not all of the petitions are likely to be approved, and that some may be revoked or withdrawn.

July 7, 2009: HIV to no longer be ground for inadmissibility? New US Embassy for London

On July 2, 2009 the Centers for Disease Control and Prevention published a proposed rule that would end the designation of Human Immunodeficiency Virus (HIV) infection as a “communicable disease of public health significance.’ If the rule were to be adopted, HIV infection alone would no longer render an alien inadmissible to the United States, and testing for HIV infection would no longer be required as part of the screening for US immigration and permanent residence.

The Department of State has created a special website with news about the status of the Embassy’s planned move from Grosvenor Square to Nine Elms, Battersea and the architectural contest to design the new building.

June 30, 2009: Helpful guidance from the US Department of State for nonimmigrant visa applicants; updated H-1B petition count

The US Embassy in London has published on YouTube a helpful three-minute video entitled ‘Attending a Nonimmigrant Visa Interview.’ Prospective visa applicants will find it well worth their time. In addition, the Department of State—the US governmental department that issues visas--has produced a 12-page pamphlet for nonimmigrant visa applicants, informing them of their rights while in the US, including the rights to be treated and paid fairly.

An updated H-1B petition count has been issued. As of June 26, 2009 approximately 44,800 H-1B cap-subject petitions had been received by the USCIS. This represents an increase of only approximately 400 petitions in the two weeks since the last count. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The USCIS is continuing to accept both types of petitions and will do so until it determines that sufficient numbers have been received to reach the statutory limits, taking into account that not all of the petitions are likely to be approved, and that some may be revoked or withdrawn.

June 23, 2009: Use of emergency and temporary passports on the Visa Waiver Program; PPS returns for some immigrant petitions

Beginning on July 1, 2009 holders of non-electronic emergency and temporary passports from the UK and 25 other countries will no longer be eligible to travel to the US on the Visa Waiver Program (‘VWP’). This change does not affect passport holders from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Slovakia and South Korea, who have always required an electronic passport for visa-free travel. It also does not affect German citizens, as German temporary or emergency passports have never been valid for travel under the VWP.

Beginning June 29, 2009 accelerated adjudications by means of Premium Processing Service (PPS) will once again be available for some types of I-140 immigrant petitions, including aliens of extraordinary ability. PPS will not, however, be available for those persons applying as multinational executives or managers. For the text of the USCIS announcement on the subject, click here.

US Citizenship and Immigration Services has announced that new immigrants may experience delays of up to 8 weeks in the issuance of their new permanent resident cards, colloquially known as ‘green cards.’ This is due to the updating of card production equipment.

As of June 12, 2009 approximately 44,400 H-1B cap-subject petitions had been received by the USCIS. This estimate is a retrogression from the previous figure of 45,800 announced on May 29, 2009. Approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. The USCIS is continuing to accept both types of petitions and will do so until it determines that sufficient numbers have been received to reach the statutory limits, taking into account that not all of the petitions are likely to be approved, and that some may be revoked or withdrawn.

Our lawyers are in the US, attending the annual conference of the American Immigration Lawyers Association. ‘Weekly Update’ will resume on June 16.

A recent article in Business Week magazine is one of the few in the popular press to discuss the O-1 visa for aliens of extraordinary ability or extraordinary achievement: ‘When Only “Geniuses” Need Apply’. If you would like further information regarding the standard of ability or achievement required for this route to an immigrant or nonimmigrant visa, please see any of our articles on the subject:

May 19, 2009: New procedure for some visa applicants at the US Embassy London

The US Embassy in London is introducing a new prescreening procedure that promises to reduce the delays currently experienced by some visa applicants in obtaining a visa appointment date.

In the past all applicants who had ever been arrested, convicted or cautioned for a criminal offense, or who had been removed from the US or denied entry (‘affected applicants’) were required to apply for an appointment with the Visa Coordination Officer. This often resulted in a wait of several months for an appointment.

Effective immediately affected applicants who call the Embassy’s schedulers at the Operator-Assisted Information Service will be given an e-mail address to which they must send various documents particular to their situation. For example, an applicant with a criminal record might be asked to send a police certificate from the Association of Chief Police Officers. Embassy employees will then review the information, decide whether a VCO or standard appointment is appropriate, and e-mail the applicant their decision.

May 12, 2009: H-1B’s still available; immigrant visa availability tightens

The number of petitions filed seeking new H-1B’s for employment to begin October 1, 2009 has remained almost static for several weeks, according to the most recent USCIS update. As of April 27, 2009 the USCIS reports having received approximately 45,000 petitions subject to the overall annual cap and 20,000 petitions potentially qualifying for the advanced degree cap exemption. The agency is continuing to accept both types of petitions and will do so until it determines that sufficient numbers have been received to reach the statutory limits, taking into account that not all of the petitions are likely to be approved, and some may be revoked or withdrawn.

Meanwhile, the Department of State reports that demand for immigrant visas/green cards in the employment-based categories has surged. There has been a particularly great demand from people already resident in the United States, who are applying for adjustment of status. This past month the cut-off priority date for applicants chargeable to India applying in the employment-based second preference (‘EB-2’), for persons of exceptional ability and members of the professions holding advanced degrees, moved backward (‘retrogressed’) by over 4 years. A review of the Visa Bulletin shows that in May 2009 Indian applicants in the EB-2 category could apply for immigrant visas, or adjustment of status, if their priority date was before the cut-off of February 15, 2004. In June such applicants will be able to apply only if their priority date is before the new cut-off of January 1, 2000. The Department of State warns that during the remainder of the US Government’s fiscal year, which ends on September 30, 2009, availability of immigrant status through either immigrant visas or adjustment of status ‘cannot be guaranteed, and the establishment of cut-off dates, or retrogression of existing cut-off dates, cannot be ruled out.’

On April 28, 2009 the US Department of State released new regulations for consular officers reviewing the I-864 Affidavits of Support required of most people sponsoring relatives for immigrant visas or adjustment of status. To see the new rules, click here. For additional information on the affidavit of support, including information as to when it is required, please see our website article A Beginner’s Guide to the Affidavit of Support .

The Visa Section at the US Embassy in London has a new web page: http://www.usembassy.org.uk/visaservices/. It contains information on a wide variety of topics, from immigrant visas to retrieving property left at the Embassy. Subscription via RSS feed is available, and blogs with opportunity for comment and moderated discussions are promised.

The Department of State has amended its regulations for the issuance of visitor visas to persons who test positive for HIV. (Persons with HIV are inadmissible to the US, and ineligible for visas, unless a waiver of inadmissibility/ineligibility is obtained.) The new regulations create a speedier alternative to the typical case-by-case waiver adjudication for those persons who meet the requirements, which include a limit of 30 days stay per entry. Case-by-case waiver adjudication remains available for other cases, including persons who wish to apply for a wider variety of visas or who seek stays of longer than 30 days. For a fact sheet from the Department of Homeland Security, click here.

The new visa application procedure is set out in the Foreign Affairs Manual. In addition to the other forms required for a visa application, HIV positive applicants applying for visas under the new scheme must read and sign form DS-5512 which outlines eligibility requirements for this streamlined processing.

H-1B’s continue to be available for employment during Fiscal Year 2010—that is, for employment to begin on or after October 1, 2009. As of April 13, 2009 the USCIS had received approximately 43,000 H-1B petitions for visas subject to the annual quota (or ‘cap’) and approximately 20,000 petitions potentially qualifying for the advanced degree cap exemption. The agency will continue to accept petitions until it determines that sufficient numbers have been received to reach the statutory limits, taking into account that not all of the petitions are likely to be approved, and some may be revoked or withdrawn. Updates on the numbers of petitions filed are published by the USCIS at http://www.uscis.gov/h-1b_count.

A week after what had been the anticipated cut-off date for the filing of H-1B petitions for employment in the new fiscal year, the USCIS is continuing to accept petitions for H-1B visas. During the previous filing periods in 2007 and 2008 the annual quota for new H-1B’s was filled within the first few days of availability, necessitating a lottery to determine which petitions would be adjudicated. For additional information and periodic updates on the number of petitions filed you may wish to bookmark the USCIS home page: http://www.uscis.gov/portal/site/uscis

April 7, 2009 : New visa interview appointment times at the US Embassy in London

On Wednesday, April 1 the annual stampede for H-1B visas begins. Last year the US Citizenship and Immigration Services reported receiving nearly 163,000 H-1B petitions during the five day filing period that ended on April 7, 2008. Those petitions were seeking a total of 78,200 new H-1B visas for employment to begin on October 1, 2008; 20,000 of that number are reserved for persons who have earned advanced degrees from a US institution of higher education.

Why such a crush in April? It is because H-1B petitions cannot be filed more than six months in advance of the requested start date of employment. The annual quota of H-1B visas becomes available on October 1 of each year—the first day of the US Government’s fiscal year (‘FY’). Therefore petitions for the new ‘crop’ of H-1B’s cannot be filed before April 1.

Employers seeking H-1B visas for employment to begin during FY2004 were able to file petitions until the annual cap was reached on February 17, 2004. In spite of subsequent Congressional action adding 20,000 visas for advanced degree holders, the FY2006 cap was reached on August 12, 2005—the first time the cap was reached even before the beginning of the fiscal year in which the visas would be used. The next year the cap was reached even more quickly; the allotment of FY 2007 visas was exhausted on June 1, 2006. This set the stage for FY2008 (employment to begin on October 1, 2007) when the USCIS reported having received on the first two days of filing more than enough petitions to fill the annual quota.

This year the USCIS has announced that it will follow the same procedure as last year, conducting a lottery among all petitions received between April 1 and April 7. For further details from the USCIS about the FY2010 H-1B filing procedure, click here.