Did You Know? Facts about Immigrants in America

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Green Card, H-1B, Non-Immigrant Visas

U.S. Immigration – Did you know that there are only 140,000 employment-based green cards available every year and that the per country cap results in high-skilled immigrants waiting for years, and sometimes decades, for a green card?

Indian Immigrants Waiting Period

Korean Judo athlete wins “green card” case as a coach

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Green Card

USCIS denied the petition of a renowned Korean Judo athlete seeking a “green card” as a result of his extraordinary abilities to coach other athletes. However, the court overturned the USCIS’ decision. The court decided that in certain cases the athlete’s area of expertise could properly encompass both athletic competition and coaching other athletes. 

 

The court found that coaching is within an athlete’s area of expertise if the individual’s national or international athletic acclaim was recent and he or she sustained that acclaim upon transition to coaching at a national level.  The totality of the evidence, in this case, showed that the athlete had recent athletic acclaim and progression of education, experience and licensing that positioned the athlete to continue in his area of expertise as a judo coach.  

 

This is a very important decision for highly accomplished athletes seeking to obtain a “green card” under the EB-1A extraordinary worker petition.   To read the decision, go to Matter of K-S-Y-, ID# 14269 (AAO Mar. 9, 2016).

September Visa Bulletin Shows Continued Improvement for Priority Dates

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AOS, Green Card

Good news for waiting Legal Permanent Resident applicants as the September Visa Bulletin, published by the Department of State, shows another month of improvements.  (Click here to see the August 2010 Visa Bulletin).

The September Visa Bulletin published the following priority dates:

Family Based Preference Priority Dates

Preference Category	China	India	Dominican Republic	Mexico	The Philippines	All other countries
1st	Jan. 1, 2006	Jan. 1, 2006	Jan. 1, 2006	Dec. 1, 1992	Jan. 1, 1997	Jan. 1, 2006
2nd –A	Jan. 1, 2010	Jan. 1, 2010	Jan. 1, 2009	Jan. 1, 2009	Jan. 1, 2010	Jan. 1, 2010
2nd – B	Jan. 1, 2005	Jan. 1, 2005	Jan. 1, 2005	June 15, 1992	Aug. 1, 2002	Jan. 1, 2005
3rd	Mar. 1, 2002	Mar. 1, 2002	Mar. 1, 2002	Mar. 1, 1992	Jan. 1, 1995	Mar. 1, 2002
4th	Oct. 15, 2001	Oct. 15, 2001	Oct. 15, 2001	Jan. 1, 1994	Jan. 1, 1991	Oct. 15, 2001

 

Employment Based Preference Priority Dates

Preference Category	China	India	Dominican Republic	Mexico	The Philippines	All other countries
1st	Current	Current	Current	Current	Current	Current
2nd	May 8, 2006	May 8, 2006	Current	Current	Current	Current
3rd	Oct. 22, 2003	Jan. 1, 2002	Dec. 15, 2004	—	Dec. 15, 2004	Dec. 15, 2004
Other Workers	Mar. 22, 2003	Jan. 1, 2002	Mar. 22, 2003	—	Mar. 22, 2003	Mar. 22, 2003
4th	Current	Current	Current	Current	Current	Current
Certain Religious Workers	Current	Current	Current	Current	Current	Current
5th	Current	Current	Current	Current	Current	Current
Targeted Employment Areas/ Regional Centers	Current	Current	Current	Current	Current	Current
5th Pilot Programs	Current	Current	Current	Current	Current	Current

Definitions of the preference categories as well as additional information regarding September 2010 priority dates can be found in the September 2010 Visa Bulletin.  Click here to read more.

New Priority Dates Could Mean Sooner Green Cards

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AOS, Green Card

New published priority dates for U.S. immigrant visas may mean waiting applicants from India and China may be able to obtain their permanent residence status sooner than previously expected.

A priority date is determined by the application’s filing date and establishes an applicant’s place in line for obtaining an immigrant visa. Given the high demand, wait times can often be lengthy as the number of available family-based and employment-based immigrant visas is limited annually by preference category and by country of origin. Countries with the highest demand for U.S. immigrant visas – China, India, the Dominican, Mexico and the Philippines – often have the longest wait periods.

Each month, the Department of State publishes the current priority dates in the agency’s Visa Bulletin. Applicants who filed their immigrant visa paperwork prior to the current priority date are now able to file their Adjustment of Status paperwork and obtain their green card. The August Visa Bulletin published the following priority dates:

Family Based Preference Priority Dates

Preference Category	China	India	Dominican Republic	Mexico	The Philippines	All other countries
1st	August 1, 2005	August 1, 2005	August 1, 2005	November 15, 1992	January 1, 1996	August 1, 2005
2nd –A	March 1, 2009	March 1, 2009	March 1, 2008	March 1, 2008	March 1, 2009	March 1, 2009
2nd – B	January 1, 2004	January 1, 2004	January 1, 2004	June 15, 1992	August 1, 2001	January 1, 2004
3rd	January 1, 2002	January 1, 2002	January 1, 2002	March 1, 1992	May 1, 1994	January 1, 2002
4th	June 1, 2001	June 1, 2001	June 1, 2001	January 1, 1994	April 1, 1990	June 1, 2001

 

Employment Based Preference Priority Dates

Preference Category	China	India	Dominican Republic	Mexico	The Philippines	All other countries
1st	Current	Current	Current	Current	Current	Current
2nd	March 1, 2006	March 1, 2006	Current	Current	Current	Current
3rd	Sept.22, 2003	January 1, 2002	June 1, 2004	—	June 1, 2004	June 1, 2004
Other Workers	May 15, 2002	January 1, 2002	May 15, 2002	—	May 15, 2002	May 15, 2002
4th	Current	Current	Current	Current	Current	Current
Certain Religious Workers	Current	Current	Current	Current	Current	Current
5th	Current	Current	Current	Current	Current	Current
Targeted Employment Areas/ Regional Centers	Current	Current	Current	Current	Current	Current
5th Pilot Programs	Current	Current	Current	Current	Current	Current

Definitions of the preference categories as well as additional information regarding August 2010 priority dates can be found in the August 2010 Visa Bulletin.  Click here to read more.

The Green Card Gets a High-Tech Facelift

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Green Card

Example of the new Green Card

On May 11, the United States Citizenship and Immigration Services (USCIS) announced that the agency had made several high-tech improvements to the Legal Permanent Residence Card, known to most everyone as the ‘Green Card.’ The changes include new security features as well as state-of-the-art advancements in technology to prevent counterfeiting and tampering.

Some of the new features include:

• Color shifting ink in visual designs (for example, an eagle’s head)
• Embedded RFID technology
• Laser-engraved fingerprints
• Tamper resistant border
• Unique bandings comprised of micro-image, high resolution pictures of state flags and presidents.

The new card was designed to better help customs agents, law enforcement and employers identify undocumented foreign nationals. Biometric identifiers, greater detail in photographs and complex artwork and patterns will help agents and employers confirm identities and identify possible fraud and tampering. And, in keeping with the card’s nickname, the new Green Cards will actually be green.

The USCIS has already started issuing the improved cards to new Legal Permanent residents and will replace cards already issued as individuals apply for renewal or replacement.

Click here for more information on the Green Card improvements.