The Attorney General has just released a memorandum to the President detailing how the different federal agencies have implemented the Supreme Court decision in United States v. Windsor.
The K-1 nonimmigrant visa allows the foreign fiancé(e) of a U.S. citizen a single entry into the United States for the sole purpose of marrying the K-1 petitioner. The marriage must take place within 90 days after entry. In the event the marriage does not take place within the 90-day period, the K-1 visa holder shall be required to depart the U.S.
The U.S. Supreme Court ruled on June 9 that the automatic conversion provision under the Child Status Protection Act (CSPA) does not benefit most derivative beneficiaries of family based preference petitions. For thousands of immigrant families especially Filipinos hoping to be reunited with their aged-out children, this would mean more years, even decades, of waiting.
The number of H-1B cap filings for fiscal year 2015 during the first five business days of the filing season (April 1-7) is expected to exceed the annual quota of 65,000 for foreign workers in specialty occupations and the 20,000 allotted for graduates with advanced degrees from the U.S.
Hoping that the House of Representatives would act on immigration reform within the next two to three months, President Obama has placed his own efforts on hold including delaying the release of the results of the review on enforcement policies. Although Department of Homeland Secretary Jeh Johnson was instructed to continue with the review, the results would not be made public until Congress’ summer recess in August.
President Barack Obama announced last week that deportation policies will be reviewed to make sure that enforcement is done “more humanely”. He asked Secretary of Homeland Security Jeh Johnson to conduct the review.
As the chances of passing an immigration reform bill in Congress grow slimmer, President Obama faces mounting pressure from Democrats and immigrant right advocates to exercise his executive authority.
Those granted Deferred Action for Childhood Arrivals (DACA) from June 15, 2012 through August 15, 2012 are reminded to apply for renewal with the USCIS.
Every fiscal year a limited number of immigrant visas are made available for each preference category. If the visa demand for a particular category is excessive and could not be satisfied by the number of visas allotted each year, the category is oversubscribed.
The demand for cap-subject H-1B numbers for fiscal year 2015 which begins on October 1, 2014 is expected to be greater than last year. Employers planning to file cap-subject H-1B petitions for foreign workers in specialty occupations are advised to initiate the H-1B petition process as early as possible.