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WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced on January 27, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that Jan. 26, 2011 is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011. The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011. For more information, please visit the USCIS website.

As of January 21, 2011, 62,800 cap eligible H-1B regular petitions had been filed out of the maximum 65,000 while the H-1B Master's Exemption had reached its maximum cap amount of 20,000 petitions for the year 2011. Cap Type Cap Amount Cap Eligible Petitions Petition Target Date of Last Count H-1B Regular Cap 65,000 62,800 1/21/2011 H-1B Master’s Exemption 20,000 20,000 1/21/2011 If you need any assistance with your H-1B filing for the year 2011, please do not hesitate to contact our office. If the maximum amount for 2011 is reached in the next few days, do not worry. The 2012 H-1B Cap will begin accepting petitions starting April 01, 2011. For more information, contact our office: BAGON LAW FIRM 21550 Oxnard Street, 3rd Floor Woodland Hills, CA 91367 Main: (818) 224-6632 Direct: (818) 539-0120 Fax: (888) 589-0804 www.bagonlawfirm.com

January 2011 and February 2011 Visa Bulletin Comparisons Family Based Categories January 2011 Family All Chargeability Areas Except Those Listed CHINA-mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES 1st 01JAN05 01JAN05 01JAN05 01JAN05 08JAN93 01JUN94 2A 01JAN08 01JAN08 01JAN08 01JAN08 01APR05 01JAN08 2B 15APR03 15APR03 01MAR02 15APR03 22JUN92 15MAY99 3rd 01JAN01 01JAN01 01JAN01 01JAN01 22OCT92 22OCT91 4th 01JAN02 01JAN02 01JAN02 01JAN02 22DEC95 01JAN88 February 2011 Family All Chargeability Areas Except Those Listed CHINA-mainland born DOMINICAN REPUBLIC INDIA MEXICO PHILIPPINES 1st ...

It's the new year! Welcome 2011! USCIS recently released a statement reminding all naturalization applicants that some answers to the civics test might have change with the new year. For example, due to the recent elections, please note that questions 20 (“Who is one of your state’s U.S. Senators now?”), 23 (“Name your U.S. Representative.”), and 43 (“Who is the Governor of your state now?”) may change depending on where an applicant lives. Additionally, question number 47 (“What is the name of the Speaker of the House of Representatives now?”) will change as of January 5, 2011. Please see below for updated information. Question Update 20 Who is one of your state’s U.S. Senators now? The answer to this question may change as of January 5, 2011, depending on where you live. Answers will vary. Give the name of one of your state’s U.S. Senators serving in the 112 th Congress, which begins on January 5, 2011. For a lis...

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...