BAGON LAW FIRM

Warmest thoughts and best wishes for a wonderful holiday and a very Happy New Year! BAGON LAW FIRM 21550 Oxnard Street, 3rd Floor Woodland Hills, CA 91376 Tel.: (818) 224-6632 Tel: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

The Department of State had recently released the Visa Bulletin for January 2011. Unfortunately, for many Petitioners and Beneficiaries who had been waiting to be reunited with their families, the new year brings about additional waiting. As seen this month, December 2010, there were only two family based categories affected by visa retrogression, 3rd and 4th preference. However, for January 2011, all other preference categories (1, 2A, 2B, and 3) will be affected. As for the 4th preference, there was no movement from December 2010 to January 2011 for all chargeability. For example: Family Sponsored Preference - 1st Category (Unmarried Sons and Daughters of Citizens) All Chargeability: January 01, 2005 compared to February 15, 2006 in December 2010. China: January 01, 2005 compared to February 15, 2006 in December 2010. Dominican Republic: January 01, 2005 compared to June 01, 2004 in December 2010. ***No retrogression*** India: January 01, 2005 compared to February 15, 2006 in Decemb...

The Immigrant Investor Program, also known as “EB-5,” was created by Congress in 1990 to stimulate the U.S. economy through job creation and capital investment by immigrant investors by creating a new commercial enterprise or investing in a troubled business. There are 10,000 EB-5 immigrant visas available annually. In 1992 and regularly reauthorized since then, 3,000 EB-5 visas are also set aside for investors in Regional Centers designated by USCIS based on proposals for promoting economic growth. There are two distinct EB-5 pathways for an immigrant investor to gain lawful permanent residence for themselves and their immediate family—the Basic Program and the Regional Center Pilot Program. Both programs require that the immigrant make a capital investment of either $500,000 or $1,000,000 (depending on whether the investment is in a Targeted Employment Area [TEA] or not) in a new commercial enterprise located within the United States . TEA is defined by law as “a rural area or an ar...

Starting December 1, 2010 some of the priority dates that were current in November 2010 will be retrogressing. Retrogression refers to the situation where previously current dates on the quota bulletin go backwards and become unavailable. The following preferences are going to be affected by the visa retrogression this December 2010: Family Category Third Preference (Married sons and daughters of U.S. Citizens) : July 1, 1992 priority date compared to March 1, 1995 in November 2010. Fourth Preference (Brothers and sisters of U.S. Citizens) : January 1, 1988 priority date compared to April 1, 1991 in November 2010. Below is the December 2010 Visa Bulletin as posted by the Department of State. Family All Chargeability Areas Except Those Listed CHINA-mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES 1st 15FEB06 15FEB06 01JUN04 15FEB06 01JAN93 01APR97 2A 01AUG10 01AUG10 01AUG10 01AUG10 01MAR10 01AUG10 2B 01JUN05 01JUN05 01JAN02 01JUN05 22JUN92 01MAR00 3rd 01JUN02 01JUN02 01JUN02 0...

CAMP FOSTER, Okinawa — An amendment to a federal immigration law geared to help U.S. servicemembers who marry foreigners passed the House of Representatives on Monday. The bill was crafted in response to the case of Hotaru Ferschke, a Japanese woman whose U.S. Marine husband was killed in Iraq. Ferschke has been unable to immigrate to the United States to raise their son. This bill would exempt those married to American troops from having to consummate their marriages to qualify for U.S. residency, the first step in gaining U.S. citizenship. Hotaru and Michael Ferschke met while he was stationed on Okinawa, and got married by phone in July 2008 after he deployed and the couple discovered they were expecting a child. A month later, the 22-year-old Marine was killed while conducting door-to-door searches in a town north of Baghdad. The Department of Homeland Security, which oversees the U.S. immigration process, denied Hotaru Ferschke’s paperwork to immigrate to the States, saying the co...

Large and small businesses are lining up behind an immigration policy that would make it easier for entrepreneurs and high-tech professionals to come or stay in the United States. Congress did not move forward on comprehensive immigration reform before the midterm election. It has also failed to pass several of the more specific immigration proposals made in recent years. One of these, the DREAM Act , would have allowed alien students who graduate from college or served for two years in the military to stay in the US. Another, the Startup Visa Act, sought to give a visa to anyone who’s received $1 million in equity investment in their company and would create 10 US jobs. Expect a concerted push to reverse what’s seen as a brain drain from big business and the venture capital industry. Jim Turley, the CEO of Ernst and Young who serves on Obama’s National Export Council, advocates a policy of what he calls “staple diplomacy.” Explaining it he said: “Whenever there’s a student from a...

LOS ANGELES — In a unanimous decision, the California Supreme Court ruled Monday that illegal immigrants can be eligible for the same reduced tuition at public colleges and universities as legal residents of the state. Currently, students who attend at least three years of high school in California and graduate are eligible for in-state tuition at public schools, which can save them as much as $12,000 a year compared with students who come from other states. Illegal immigrants remain ineligible for state or federal financial aid. The California court ruled that the 2001 state law does not conflict with a federal prohibition on education benefits for illegal immigrants based on residency, in part because United States citizens from other states who attend high school in California may also benefit. Source: NY Times

On November 5, 2010, Acting Deputy Attorney General Gary Grindler invested 23 new immigration judges during a ceremony held at the Executive Office for immigration Review's headquarters in Falls Church, VA bringing the judge corps of the 59 immigration courts to 262. Source: Executive Office for Immigration Review

FY 2011 H-1B Cap Count Cap Type Cap Amount Cap Eligible Petitions Petition Target Date of Last Count H-1B Regular Cap 65,000 45,600 10/29/2010 H-1B Master’s Exemption 20,000 16,700 10/29/2010 Source: USCIS If you have any questions relating to H-1B (working) visa or need help in filing a petition, please do not hesitate to contact our office. BAGON LAW FIRM 21550 Oxnard Street, 3rd Floor Woodland Hills, CA 91367 Tel: (818) 224-6632 Direct: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

More than 600,000 new citizens will receive the enhanced certificate over the next year Introduction U.S. Citizenship and Immigration Services (USCIS) today announced it has begun issuing a redesigned, more secure Certificate of Naturalization (Form N-550) as part of its ongoing efforts to enhance the integrity of the immigration system. The agency anticipates that over 600,000 new citizens will receive the enhanced certificate over the next year. Questions and Answers Q1. What is a Certificate of Naturalization (Form N-550)? A1 . The Certificate of Naturalization serves as evidence of your citizenship. You receive it after taking the Oath of Allegiance to the United States. Citizenship qualifies you to vote and travel with a U.S. passport, among other rights. In many instances, a Certificate of Naturalization is accepted as a valid form of identification. Q2. Why did USCIS redesign the naturalization certificate? A2. The previous Certificates of Naturalization featured har...

VISA BULLETIN NOVEMBER 2010 FAMILY-SPONSORED PREFERENCES Family All Chargeability Areas Except Those Listed CHINA-mainland born INDIA MEXICO PHILIPPINES 1st 15FEB06 15FEB06 15FEB06 22DEC92 01APR97 2A 01JUN10 01JUN10 01JUN10 01MAR10 01JUN10 2B ...

Highlights of the 2010 Final Fee Rule The final fee rule will increase the average application and petition fees by approximately 10 percent. In recognition of the unique importance of naturalization, the final fee rule contains no increase in the naturalization application fee. The final fee rule establishes three new fees for: Regional center designation under the Immigrant Investor Pilot Program (EB-5); Individuals seeking civil surgeon designation (with an exemption for certain physicians who examine service members, veterans, and their families at U.S. government facilities); and Recovery of the USCIS cost of processing immigrant visas granted by the Department of State. The final fee rule adjusts fees for the premium processing service. This adjustment will ensure that USCIS can continue to modernize as an efficient and effective organization. The final fee rule reduces fees for six individual applications and petitions: Petition for Alien Fiancé (Form I-129F); Applicat...

A May 2008 memo by the U.S. Citizenship and Immigration Services (USCIS) entitled Social Networking Sites and Their Importance to FDNS [Office of Fraud Detection and National Security] states : “Narcissistic tendencies in many people fuels a need to have a large group of “friends” link to their pages and many of these people accept cyber-friends that they don’t even know. This provides an excellent vantage point for FDNS to observe the daily life of beneficiaries and petitioners who are suspected of fraudulent activities. This social networking gives FDNS an opportunity to reveal fraud by browsing these sites to see if petitioners and beneficiaries are in a valid relationship or are attempting to deceive [United States Citizen and Immigration Services] about their relationship. Once a user posts online, they create a public record and timeline of their activities. In essence, using MySpace and other like sites is akin to doing an unannounced cyber “site-visit” on a [sic] petitioners a...

I E-Verify TM Seal Campaign The U.S. Department of Homeland Security (DHS) announces the I E-VERIFY campaign that highlights employers' commitment to working with DHS to maintain a legal workforce and reduce unauthorized employment. DHS is making available to current E-Verify enrolled employers an I E-VERIFY seal, which employers can post in a visible place (for example, windows, doors, or bulletin boards) to advertise that they use E-Verify to maintain a legal workforce. Use of the Seal will only be granted after confirmation of the employer's status in the E-Verify program. The use or placement of this Seal will not preclude federal agents from conducting worksite enforcement activities and is not intended to provide a safe harbor for the employers. The I E-VERIFY Seal does not constitute DHS endorsement of any employer's business, goods, services, or policies. Furthermore, use of the Seal does not replace E-Verify program requirements to post both the E-Verify Partic...

[Federal Register: September 24, 2010 (Volume 75, Number 185)] The Department of Homeland Security (DHS) is adjusting the fee schedule for U.S. Citizenship and Immigration Services (USCIS). USCIS conducted a comprehensive fee study, refined its cost accounting process, and determined that current fees do not recover the full costs of services provided. DHS has found that adjustment to the fee schedule is necessary to fully recover costs and maintain adequate service. In response to comments, several adjustments were made to the proposed rule published on June 11, 2010. In this final rule, DHS: increases the fees by a weighted average of 10 percent; establishes three new fees covering USCIS costs related to processing the Regional Center Designation under the Immigrant Investor Pilot Program, Civil Surgeon Designation, and DHS Processing of Immigrant Visa requests; and adjusts the premium processing service fee by the percentage increase in inflation according to the Consumer Price ...