May 2013

Dear Readers:As I write this, we are immersed in the biggest immigration reform debate in many years. Much of it is centered around Senate Bill 744, an 800+ page piece of legislation that dramatically changes just about every aspect of the immigration system. I took four days away from the office last month to prepare a section by section summary which is available to download at http://www.docstoc.com/docs/153838650/Section-by-Section-Summary-of- S-744—the-Senate-immigration-bill—all-sections . I’ve also summarized amendments from the first two days of markup in the Senate Judiciary Committee at http://www.docstoc.com/docs/156768753/amendment-summary .

Many people ask me whether I’m optimistic or not regarding the bill’s passage. And despite obstacles that are clearly in the way, I am still very hopeful we’ll see a bill. The votes are there in the Senate and there are signs that while the House will be tougher, a deal is possible over there. And a lot of people just want the bill to pass so they can move on to other issues. The bill will probably change in important ways as it moves along. And I’ll be tracking those changes closely. A good way to keep up with the day to day is by following me on my blog at blogs.ilw.com/gregsiskind or on my Twitter account @gregsiskind .

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In firm news, I’m pleased to announce that three of our attorneys made the Who’s Who in Corporate Immigration Law list of the best attorneys around the world. This is a list put together under the joint sponsorship of the International Bar Association and the American Bar Association’s International Section. I’m honored to have been listed as number five on the most highly regarded attorneys list. Other Siskind Susser lawyers included in the rankings are Lynn Susser in our Memphis office and Karen Weinstock in Atlanta.

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Readers are reminded that they are welcome to contact my law office if they would like to schedule a telephone or in person consultation with me or one of my colleagues. If you are interested, please call my office at 901-682-6455.

Regards, Greg Siskind

In 1990, Congress created the EB-5 Immigrant Investor Program with hopes of attracting foreign capital and creating jobs for American workers. The overall advantage of the EB-5 visa category is that it allows immigrant beneficiaries to engage in commercial enterprise anywhere in the United States (subject only to some restrictions in the Pilot Program which targets certain approved regional areas). There are 10,000 visas available each year in the

EB-5 category and half of the allotted 10,000 are reserved for applicants who decide to participate in the Pilot Program, which is reauthorized regularly.

What is the application process for the EB-5 visa?

EB-5 applicants must file a Form 1-526, Immigrant Petition by Alien Entrepreneur, with the appropriate regional USCIS Service Center and must also include evidence supporting his or her application. In addition, a $1,500 filing fee is required to process all EB-5 applications.

What are the basic requirements for the EB-5 visa?

There are three basic requirements:

 The alien must establish a new business or invest in an existing business that was created or restructured after November 19,1990

 The alien must have invested $1 million ($500,000, in some cases) in the business  The business must create (or maintain, in some cases) full-time employment for at

least 10 American workers

How does the EB-5 investor meet the requirement for a qualifying business?

There are three ways of meeting the requirement a qualifying business:

 The creation of an original business;  The purchase of an existing business with simultaneous restructuring or

reorganization such that a new commercial organization results; or  Expansion of an existing business created after November 1990 through the

investment of the required amount and the creation of ten new jobs.

Any for-profit entity formed for the ongoing conduct of lawful business may serve as a commercial enterprise, including sole proprietorships, partnerships, holding companies, joint ventures, corporations, business trusts, etc. A holding company with its subsidiaries also qualifies if each subsidiary is engaged in the active conduct of business. Non-commercial activities, such as home ownership, do not qualify. Also, the applicant must be actively involved in the business and cannot be a passive investor.

What types of investments meet the requirements for the EB-5 investor?

The investment can be in the form of cash, equipment, inventory, other tangible property, cash equivalents and indebtedness secured by assets owned by the alien provided that he or she is personally and primarily liable and the assets of the new commercial enterprise are not used to secure any of the indebtedness. The definition specifically excludes capital acquired by unlawful means.

How much investment is required to be an EB-5 investor?

Generally, the minimum required investment amount is $1 million. However, the required investment amount for a business established in a “targeted employment area” is $500,000.

Targeted employment areas include:

1. Rural areas, which are defined as any area outside a metropolitan statistical area or outside the boundary of a any city or town with a population of 20,000 or more; and

2. Areaswithanunemploymentratethatisatleast150%ofthenationalaverage.

For a Pilot Program investment, the minimum requirement is a $500,000 capital contribution to a designated Regional Center which allocates portions of the capital (in the form of business loans) to small businesses within the targeted employment area.

What entities qualify as Regional Centers for the purposes of the Pilot Program?

Any economic unit, public or private, involved with the promotion of economic growth in a particular region may qualify as a Regional Center. Proposals for participation in the Immigrant Investor Pilot Program should be submitted to the Assistant Commissioner for Adjudications and should include the following documentation:

 A description of the regional focus of the center and how it will promote economic growth

 Details on how jobs will be created directly or indirectly through capital investments made through the regional center

 A description of capital, both sources and amounts, committed to the Regional Center as well as the promotional efforts made in accordance with the Regional Center’s business plan

 Forecasts of the positive impact on the regional or national economy

How may the EB-5 Investor invest in a qualifying new enterprise?

The EB-5 investor has the option of creating an original business, purchasing an existing business, or expanding an existing one. An investment in an existing business must result in a substantial change in the business’ net worth or an increase in the number of employees by at least 40%. Furthermore, the EB-5 investor must meet the required investment amounts of $1,000,000 and demonstrate that the investment capital was obtained form a legal source.

What evidence is required for an application for the EB-5 investor investing in a new enterprise?

The EB-5 investor should provide evidence of creation of a new enterprise, or investment in an existing enterprise including, but not limited to the following:

 Articles of incorporation, partnership agreements, organizational documents  Evidence of lease agreements for the qualifying enterprise  State business licenses  Evidence that the required amount of capital has been transferred

 Evidence that investment has resulted in the substantial increase of net worth  Documentation of sources of capital  Documentation of intent to invest or actual commitment to invest capital  Documentation of assets purchased or transferred from abroad for the qualifying

enterprise

How many full-time jobs must be created by the EB-5 qualifying investment?

The investment must create at least 10 full-time jobs for U.S. citizens, lawful permanent residents or other immigrants lawfully authorized to be employed in the United States. The term “full-time employees” is defined as workers who work at least thirty-five hours per

week. This includes conditional residents, temporary residents, asylees, refugees, and recipients of suspension of deportation, but it does not include non-immigrants. In calculating the required number of employment positions, the investor may not include spouses or children, but may include other family members who are employed by the business.

Can a commercial enterprise involving multiple investors be used as a basis for classification as an EB-5 investor?

Yes. Multiple investors may establish a new commercial enterprise which can be the basis for the EB-5 classification. However, each investor applying for the classification must meet the requirements for the EB-5 classification separately. For example, each investor must create 10 jobs for U.S. workers.

Must the EB-5 Investor be involved in the management of the qualifying enterprise?

Yes. An EB-5 investor must be engaged in the management of the qualifying enterprise, either through day-to-day managerial control or through policy formulation. A purely passive role is not permitted. An EB-5 investor should submit documentation verifying such a role and such documentation may include the following:

 A statement of position or title and a description of duties  Evidence EB-5 investor is a corporate officer or member of the board of corporate

officers  Evidence demonstrating management role of EB-5 investor if qualifying enterprise is

a partnership

In our Ask Visalaw.com section of the SIB, attorney Ari Sauer answers immigration law questions sent in by our readers. If you enjoy reading this section, we encourage you to visit Ari’s blog, The Immigration Answer Man, where he provides more answers to your immigration questions. You can also follow The Immigration Answer Man on Facebook and Twitter.

If you have a question on immigration matters, write [email protected]. We can’t answer every question, but if you ask a short question that can be answered concisely, we’ll consider it for publication. Remember, these questions are only intended to provide general information. You should consult with your own attorney before acting on information you see here.

** * 1) QUESTION: Is it true that you can only be deported by an immigration judge?

This is a myth. While an Immigration Judge can order non-citizens deported, Customs and Border Protection (CBP) officers can order non-citizens deported, as well. CBP officers at the border, airports and other ports of entry can issue Expedited Removal orders against someone trying to enter the United States without the proper documentation or against someone who lies or uses fraudulent documents to enter the United States.

ANSWER:

In addition, when a non-citizen is detained by Immigration and Customs Enforcement (ICE), ICE officers will often try to get the person (especially, individuals from Mexico) to agree to a Stipulated Removal. If someone agrees to a stipulated removal, he or she gives up their right to go before an immigration judge and agrees to be deported. Individuals usually sign these documents because they don’t realize what they are signing. They believe that they are agreeing to go home without being deported. Stipulated Removals are often confused with Voluntary Departure orders, which are issued by an Immigration Judge and not by ICE.

However, if someone was denied entry into the United States, it doesn’t necessarily mean that they were expedited. Sometimes, CBP officers will allow someone to withdraw their application for admission to the United States and agree to let them go back to their home country without a removal order. On the other hand, CBP and ICE officers will sometimes just send individuals back to their home country without going through the formal process of “Expedited Removal” or “Stipulated Removal”. The difference depends on the paperwork completed by the officer.

Bottom line:

1. If you are ever picked up by an Immigration officer, do not sign anything without speaking to your immigration lawyer, first. There is a great possibility that you are being asked to sign a Stipulated Removal order. If you sign this order, you are deporting yourself and giving your chances of getting removal relief from an immigration judge.

2. If you are applying for admission into the United States and a CBP officer asks you if you would like to withdraw your application for admission, say “yes,” unless, you have a legitimate fear of being persecuted, tortured, or killed based on your race, religion, nationality, political opinion, or membership to a particular social group if sent back home. In this case, you need to ask for asylum. Otherwise, when a CBP officer asks you if you want to withdraw you application, they are giving you a choice to withdraw your application and go back to your home country, rather than being deported by Expedited Removal. Either way, you are going home. However, if you are allowed to withdraw your application, you will not have a deportation bar from future admissions or visas.

3. If you have been denied entry into the United States or have been sent back home by CBP or ICE, you should have an immigration attorney request your immigration files from the various government agencies to see if you have been deported.

2) QUESTION: I came to the United States fifteen years ago on a visitor’s visa. Can my company sponsor me for a green card?

As a general rule, in order to be eligible to apply for Adjustment of Status (an application for a green card in the United States), an applicant must show that they have maintained valid immigration status up until the time they file their application for Adjustment of Status. Therefore, someone who enters on a visa, but overstays the time listed on their I-94 is not eligible to apply for Adjustment of Status, unless they qualify for one of the exceptions to this rule. The most common exceptions are a) adjustment for an Immediate Relative, b) adjustment under 245(i) amnesty, and c) adjustment under 245(k). There are other exceptions to this rule; however, these three are the most common.

a) Immediate Relative Exception: An Immediate Relative (IR) is defined as either the spouse of a U.S. citizen or the unmarried child of a U.S. citizen who is under the age of 21. If a foreign national recently entered the U.S. with a visa, was admitted to

ANSWER:

the Visa Program, or was paroled into the U.S., they are able to apply for Adjustment

of Status as an Immediate Relative. b) 245(i): Another option is the foreign national can show that an immigrant petition

or labor certification was filed on their behalf before January 14, 1998, or that an immigration petition or labor certification was filed on their behalf before April 30, 2001. If the latter, they must prove they were in the U.S. on December 21, 2000. When filing under the 245(i) “amnesty” the foreign national must also pay an additional $1,000 penalty filing fee.

c) 245(k): Under the 245(k) exception, a foreign national who is filing for a green card based upon an immigrant petition filed by their employer may still be eligible to apply despite falling out of status. To be eligible under 245(k), the foreign national must not have been out of status, worked without authorization, or done anything else to violate their status for a total of more than 180 days between the time of their last entry into the U.S and the time they file the green card application.

If you are not eligible to apply for adjustment of status in the U.S., you might still be eligible to apply for an immigrant visa at the U.S. Embassy or Consulate in your home country. However, you should consult with an immigration attorney before doing so to make sure that you are not barred from receiving a visa under any of the categories of inadmissibility.

This is a brief overview of these complex rules. As such, I recommend that you consult with a qualified immigration attorney before filing an application for adjustment of status under one of these rules.

The National Foundation for American Policy reports that immigrant deaths at the border rose 27 percent from 2011 to 2012, according to U.S. Border Patrol data. The 477 immigrant deaths in 2012 represent the second highest recorded total since 1998. The rise in immigrant deaths came at time when fewer people were attempting to enter the United States illegally. Evidence, now, suggests that an immigrant attempting to cross illegally into the United States today is 8 times more likely to die in than a decade ago.

According to the National Foundation for American Policy, over the past 15 years more than 5,500 immigrants have died trying to enter America. The loss of life is a direct result of the absence of legal avenues for foreign nationals to work at jobs in hotel, restaurants, construction and other industries. According to current research, the current visa categories for agriculture (H-2A) and nonagricultural work (H-2B) are considered burdensome and are only for seasonal work, not the type of year-round jobs filled by most illegal immigrants in the United States.

The number of deaths would be even higher if not for the rescue efforts of U.S. Border Patrol agents. In 2012, the Border Patrol rescued 1,333 individuals near the border.

http://www.nfap.com/pdf/NFAP%20DAY%20OF%20RELEASE%20Moral%20Case%20for%2 0Temporary%20Work%20Visas%20March%2019%202013.pdf

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CBP Announces Interim Final Rule Published to Automate Form I-94

U.S. Customs and Border Protection has switched to an automated Form I-94, Arrival/Departure Record. CBP announced in March that it would automate the Form I-94 in order to streamline the admissions process for individuals lawfully visiting the United States. The Form I-94 provides international visitors with evidence that they have been lawfully admitted to the U.S. which is necessary to verify alien registration, immigration status, and employment authorization. The automation, which recently began, means that affected visitors will no longer need to fill out a paper form when arriving to the U.S. by air or sea. Travelers who submit the Form I-94 electronically and want a hard copy or other evidence of admission can go to www.cbp.gov/I94 to print a copy of their I-94.

http://www.cbp.gov/xp/cgov/newsroom/news_releases/national/03272013.xml

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Customs and Border Protection Agents Might Escape Furloughs

Government Executive reports that U.S. Customs and Border Protection (CBP) agents might receive relief from unpaid leave and the elimination of planned overtime this fiscal year. CBP asked Congress to transfer money within its budget to avoid furloughing employees through September 30th. Lawmakers have 30 days to decide whether to approve the request and CBP workers should know an answer by mid June. Other employees who have escaped furloughs include workers from the Federal Aviation Administration, Justice Department, and Education Department.

http://www.govexec.com/pay-benefits/2013/05/customs-and-border-employees-might- escape-furloughs/63317/

The New York Times reports that federal authorities have agreed to establish new policies regarding the conduct of immigration officers during raids, including restrictions on how and when agents can enter private homes. The rules are included in a settlement that was approved by a Federal District Court judge concluding a six-year-old class-action lawsuit. The suit contended that in eight raids in 2006 and 2007, without court warrants or other legal justification, Immigration and Customs Enforcement (ICE) agents forced their way into the homes of Latino families on Long Island and in Westchester County. The settlement also ordered the federal government to pay $1 million in damages and fees$36,000 to each plaintiff and the rest to cover lawyers’ fees. Brian Hale, a spokesman for ICE, said the agency had no comment on the settlement.

The raids were among hundreds conducted in the New York metro region and across the country as part of national enforcement operations intended to catch and deport dangerous criminals, and immigrants previously ordered to leave the country. The raids were widely criticized, even by local officials. It caused many lawsuits, most of which have been resolved, though the latest settlement appeared to be the only one that has required federal

policy changes. Immigration agents needing consent to enter a private resident will now have to seek permission in a language spoken by the resident. Agents must also get consent from residents to enter the yards and other private outside areas adjoining their homes.

http://www.nytimes.com/2013/04/05/nyregion/us-agrees-to-set-new-rules-for- immigration-raids.html?_r=0

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USCIS Resumes Decisions of H-2B Petitions

The U.S. Citizenship and Immigration Services (USCIS) has resumed processing all H-2B petitions for non-agricultural workers. On March 22, 2013, USCIS temporarily suspended decisions on H-2B petitions while the government decided on an appropriate action in response to a March 21, 2013 court order (Comite de Apoyo a los Trabajadores Agricolas et al v. Solis). The court order granted a permanent injunction against operating under the Department of Labor’s (DOL) 2008 wage rule as it relates the Bureau of Labor Statistics Occupational Employment Statistics (OES) wage determinations. The court order gave the DOL 30 days to come into compliance with the order.

On April 24, 2013, the Department of Homeland Security and the Department of Labor jointly published an Interim Final Rule (IFR), Wage Methodology for the Temporary Non- Agricultural Employment H-2B Program, Part 2, in the Federal Register. The IFR revises wage determinations used by the DOL to pay H-2B workers. Employers are required to pay the new wages for any work performed on and after the date the employer receives the new prevailing wage information from DOL.

http://www.aila.org/content/default.aspx?docid=44196

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6. News Bytes: Alaska Lawmaker Criticized for Referring to Migrant Workers as ‘Wetbacks’

The Associated Press reports that Representative Don Young (R-Alaska) “meant no disrespect” in referring to Hispanic migrant workers as “wetbacks.” The 79 year old issued a statement seeking to explain his remark after using the derogatory term to describe the workers on his father’s farm in central California. The term often refers to Mexican migrants who have entered the country illegally. House Speaker John Boehner (R-Ohio) said Young’s remarks were “offensive and beneath the dignity of the office he holds.” Boehner said he did not care why Young said it but believes that Young’s use of the term warrants an immediate apology.

Young was discussing the labor market during an interview with radio station KRBD in Ketchikan, Alaska when he used the racial slur to describe the workers who would pick tomatoes on his father’s ranch, when Young was a child. Young said he “meant no disrespect” and that the term was “not used in the same way [then] as nowadays.” Young added that during the interview, he discussed the compassion and understanding he possesses for such workers.

http://articles.washingtonpost.com/2013-03-29/politics/38112280_1_don-young- immigration-reform-republican-party

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USCIS Publishes Revised Form G-28

USCIS reports that it has published a revised version of the Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative. Attorneys and accredited representatives may begin using the new form immediately. USCIS will not accept prior versions of the form after May 26, 2013.

http://www.aila.org/content/default.aspx?docid=43867

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Temporary Protected Status Extended for Hondurans

USCIS has extended Temporary Protected Status (TPS) for eligible nationals of Honduras for an additional 18 months. The extension will begin July 6, 2013 and last until January 5, 2015. Current Hondurans seeking to extend their TPS status must re-register during the 60 day re-registration period which begins April 3, 2013 and ends June 3, 2013. The 18 month extension allows TPS beneficiaries to apply for new employment authorization (EAD) and eligible Honduran TPS beneficiaries who request an EAD and meet the re-registration deadline to receive a new EAD with an expiration date of January 5, 2015. USCIS will automatically extend current TPS Honduras EADs that have a July 5, 2013 expiration date for an additional six months.

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vg nextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD&vgnextoid=382d8aea586b d310VgnVCM100000082ca60aRCRD

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USCIS to Implement Customer Identity Verification at Field Offices

USCIS has announced that, starting May 6, 2013, it will implement Customer Identity Verification (CIV) in its field offices. Individuals will be required to submit fingerprints and photographs when appearing at USCIS offices for interviews or to receive evidence of an immigration benefit. CIV will help defend against national security threats and protect customers from identity fraud. Under this new process, USCIS staff will take two fingerprints and a photograph of the individual and input the information into the United States Visitor and Immigrant Status Indicator Technology’s (US-VISIT’s) Secondary Inspections Tool (SIT). SIT is a web-based application that processes, displays and retrieves biometric and biographic data.

http://www.aila.org/content/default.aspx?docid=43964

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Huge Immigration Fraud Ends in 5 Year Prison Term

The Associated Press reports that a NY lawyer was recently sentenced to five years in prison for creating a large immigration scam enabling thousands of undocumented immigrants to

gain U.S. citizenship. Earl Seth David, a 49 year old attorney from Manhattan, was extradited from Canada to the United States last year to face charges that he had processed thousands of false immigration applications. He pleaded guilty last April to one count of conspiracy to commit immigration fraud and one count of conspiracy to commit mail and wire fraud. Prosecutors said David charged up to $30,000 per client to provide fake employment sponsorships and fabricated documents, including fake pay stubs, tax returns and “experience letters.” The government has identified at least 25,000 immigration applications submitted by David’s firm. As part of his sentence, he was orders to forfeit $2.5 million.

http://abcnews.go.com/US/wireStory/huge-immigration-fraud-ends-year-prison-term- 18928319

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The Associated Press reports that Oregon Gov. signed a bill allowing young undocumented immigrants to pay resident tuition at the state’s public universities. Starting in the fall, young immigrants who were brought to the United States as children and who graduated from an Oregon high school can pay the in-state college tuition rather than out-of-state tuition, saving them about $20,000 a year. At least 14 other states have similar laws.

http://www.oregonlive.com/politics/index.ssf/2013/04/kitzhaber_to_sign_illegal-immi.html

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Greg Siskind’s Blog on ILW.com

 Computerworld: I-Squared H-1B Provisions to Be Scaled Back  Is the AFL-CIO Trying to Kill Immigration Reform?  Shift to Center on Immigration Paying Off for GOP  WSJ: Why the Republicans Might Cave in to the AFL-CIO

 Mother Jones’ Kevin Drum is not Buying AFL-CIO Line  Facebook’s Zuckerberg About to Start Push for Immigration Reform  NYT: ICE Regularly Using Solitary Confinement in Detention Centers  Study: Immigration Reform Could Boost Economy by $1.3 Trillion over Ten Years  Congress’ Anti-Immigration Caucus Has Shrunk By A Third in Last Year  Bi-National Couples Pin Hopes on Tomorrow’s Supreme Court Argument  Leahy Warns Sessions Not to Obstruct Immigration Bill  House Gang or Eight Might Introduce Bill Before Senate Finishes  Tea Party Leaders Falling in Line on Immigration Reform  Anti-Fraud Enhancements of E-Verify Delayed Due to Sequester  AFL-CIO Prepared To Ditch Future Flow Section of CIR and Kill Reform Process  How Many Will Die if the AFL-CIO Can Scrap the Guest Worker Program?

 Immigration Positions Not Likely to Sway GOP Voters  Congressman Takes Heat for Referring to Latino Immigrants as “Wetbacks”  AFL-CIO Misleads On Wage Argument  Deal on Guest Workers Close  We Have a Deal  Politico Offers Details of House Immigration Plan  House Negotiators Could Unveil Immigration Plan Next Week  Rubio Hard to Read on Immigration Bill  AP Drops “Illegal Immigrant” Term  Immigration Humor: Jay Leno Polks Fun at AP’s Terminology Announcement  NYT: House Looking at Three Paths to Legal Status  Two Key Conservative Groups Decide to Step Aside on Immigration  H-1B Cap Reached in Less Than a Week  Senate to Introduce Bill this Week…Or Not  Reform Bill About Ready  NY Times Has Details of Senate Immigration Deal  Facebook’s Zuckerberg: Immigrants are the Key to a Knowledge Economy  USA Today Latest News Organization to Drop “Illegal Immigrant” Term  McCain Says Bill Won’t Come Out for Few More Days  May 2013 Visa Bulletin Rundown  Senate Bill to be Introduced on Tuesday  Rubio Makes Up His Mind – He’s Owning the Bill  Legislators in 16 States Introducing Resolutions Endorsing Immigration Reform  Watch “The Dream is Now” if you Need to Be Reminded Why Immigration Reform is

So Important  New Poll Confirms Legalized Immigrants Likely To Easily Assimilate  First Senate Hearing on Immigration Bill Delayed Until Friday  McCain: Bill Introduction Could Be Pushed Back a Day (or not)  The Border Security, Economic Opportunity, and Immigration Modernization Act of

2013  My Take on the Senate Bill Summary  Full Text of Senate Immigration Bill  Section by Section Summary of Senate Immigration Bill – Title II – Legal Immigration

Reform  Section by Section Summary of Senate Immigration Bill – Title IV – Non-Immigrant

Visas  Immigration Bill Makes Serious Progress  Section by Section Summary of the Senate Immigration Bill – Title III  Section by Section Summary of the Senate Immigration Bill – Title I and Preliminary

Sections  Section by Section Summary of the RPI and DREAM Sections of the Senate Bill  Section by Section Summary of the Senate Immigration Bill – Title II’s Provisions on

the H-2B, W Guestworker and X Investor Visas  What I Did This Weekend  Section by Section Summary of the Senate Immigration Bill – Title II’s Agricultural

Worker Provisions  Section by Section Summary of the Senate Immigration Bill – All Sections  Making Immigration Reform Kosher for the Right  Cato Institute Guest Workers Program Tommorow  NY Times Changes Policy on Term “Illegal Alien”  Interviewed by Bloomberg BNA  Jeb Bush Discusses Deportation of Housekeeper  Texas Notarios Fined Nearly $1 Million in Civil Action

 Cato Institute Immigration Program  Paul Ryan Taking on Rubio’s Pro-Immigration Role in the House  House Judiciary Committee to Consider Piecemeal Immigration Bills  Supreme Court Strikes Another Nail in the Coffin of Alabama Immigration Law  New NFAP Report Challenges Wisdom of Proposed H-1B Restrictions  LA Times and Denver Post Drop “Illegal Immigrant” Term  Goodlatte and House Gang of Eight Could Both Come out Winners on Immigration

Bill  NYT: US Silicon Valley Companies Responsible for Anti-Indian Staffing Company

Rules in Senate Bill  Germans Prosecuting Alleged Nazi Camp Guard Deported in 1983  Amendment-palooza  Anti-Immigrant Heritage Foundation Issues Surprising Report Saying Immigration

Costly  Heritage Study Co-Author Opposed Hispanic Immigration Due to Their Low IQ  Senate Immigration Bill Amendment Process Begins  Summary of All Amendments to Immigration Bill Approved on 5/9 by Senate

Immigration Subcommittee  American Conservative Union Endorses Immigration Reform  Heritage Immigration Study Author Resigns  Issa To Be a Big Player on House Side  The Photo Tool: Will it Be the Beginning of Government Tracking Everyone  Which Health Care Benefits are Open to Immigrants if the Reform Bill Passes?  Advocacy Groups Call for Suspension of Deportations for Potential RPIs  Advocacy Groups Call for Suspension of Deportations for Potential RPIs  Summary of the Day’s Amendments to Senate Bill 744  Day 3 of Senate Judiciary Markup Begins  Study: Immigration Reform Would Dramatically Help Housing Market  Summary of Day’s Amendments to Senate Bill 744 – 5/16/2013  Deal Appears to Have Been Reached by House Gang of Eight  June 2013 State Department Visa Bulletin Rundown  King: Immigration Reform a Democratic Plot  Summary of Day’s Amendments to Senate Bill 744 – 5/20/2013 – Part 1

The SSB I-9, E-Verify, & Employer Immigration Compliance Blog

 Office of Special Counsel Settles with Staffing Agency; by Bruce E. Buchanan, Siskind Susser, PC

 Undocumented Workers Entitled to Backpay for FLSA Violations; by Bruce Buchanan, Siskind Susser

 Office of Special Counsel Settles with Georgia Company over Immigration-related Unfair Employment Practices; by Bruce Buchanan, Siskind Susser

 OSC Settles Immigration-Related Discrimination Claim Against Property Management Company; by Bruce Buchanan, Siskind Susser

 USCIS Clarifies new Form I-9 must be Used by May 7, 2013; by Bruce Buchanan, Siskind Susser

 OSC Settles Immigration-Related Discrimination Claim Against Property Management Company; by Bruce Buchanan, Siskind Susser

 Immigration Compliance Provisions in Immigration Reform Bill; by Bruce Buchanan, Siskind Susser

Bruce Buchanan’s Blog on ILW.com

The Visalaw Healthcare Immigration Blog

 Senate Bill Leaves Immigrants out of Healthcare System  Affordable Care Act Could Leave Hospitals in Tough Position with Uninsured

Immigrant Patients  Alabama Immigration law Now Hitting Medical Profession

Karen Weinstock’s Visalaw Georgia Immigration Blog

 FACEBOOK’S ZUCKERBERG ORGANIZING SUPER PAC FOR IMMIGRATION REFORM  AP DROPS “ILLEGAL IMMIGRANT” TERM  IMMIGRATION REFORM BILL ALMOST READY  D.C. RALLY TO SUPPORT IMMIGRATION REFORM

 LAURENE POWELL JOBS SUPPORT FOR IMMIGRATION REFORM  SISKIND’S ANALYSIS OF THE IMMIGRATION REFORM ACT  DRONES TO BE USED AT SOUTHWEST BORDER?  GOVERNOR DEAL SIGNS SB160

 MARK ZUCKERBERG BACKED IMMIGRATION GROUP LAUNCHES TV ADS  CBP DOES AWAY WITH I-94S  ECONOMISTS AGREE IMMIGRATION REFORM WOULD BOOST U.S. ECONOMY  METRO ATLANTA CHAMBER SUPPORTS IMMIGRATION REFORM

Family 1st – World numbers, China and India

May Visa Bulletin Summary:

advanced 3 weeks to 1 April 06; Mexico

advanced 1 week to 08 August 93; the Philippines jumped 2 months and 2 weeks to 01

June 99.

Family 2A – World numbers, China, India, and the Philippines advanced 2 months and 2

weeks to 01 March 11; Mexico moved 2 months to 01 February 11.

Family 2B – World numbers, China, and India moved a month and 1 week to 15 May 05;

Mexico moved forward 1 month and 1 week to 01 May 93; the Philippines advanced 1

month and 3 weeks to 08 September 02.

Family 3rd – World numbers, China, and India moved forward 2 weeks and 2 days to 08

August 02; Mexico moved one week to 01 April 93; the Philippines moved forward 3 weeks

to 22 October 92.

Family 4th – World numbers, China and India moved forward remains stalled at 01 May 01;

Mexico advanced 1 week to 08 September 96; the Philippines advanced 2 weeks to 01

October 89.

Employment 1st – still current in all categories.

Employment 2nd – World numbers, Mexico and the Philippines are still current; China moved

forward 1 month and 2 weeks to 15 May 08; India remains stalled at 01 September 04.

Employment 3rd – World numbers, Mexico advanced 5 months to 01 December 07; the

Philippines moved forward one week to 15 September 06; China moved 7 months and 1

week to 01 December 07; India advanced 2 weeks to 22 December 02.

Employment 3rd Other Workers – World numbers, Mexico advanced 5 months to 01

December 07; the Philippines moved forward one week to 15 September 06; China moved 7

months and 1 week to 01 December 07; India advanced 2 weeks to 22 December 02.

Employment 4th – still current in all categories.

Employment 5th – still current in all categories.

Number 56 Volume IX Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during May. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by April 9th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment- based preference immigrants is at least 140,000. Section 202 prescribes that the per- country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family- sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

All Charge- ability

Family-Sponsored Areas Except

Those Listed

CHINA- mainland INDIA born

MEXICO PHILIPPINES

F1 01APR06 01APR06 01APR06 08AUG93 01JUN99

F2A 01MAR11 01MAR11 01MAR11 01FEB11 01MAR11

F2B 15MAY05 15MAY05 15MAY05 01MAY93 08SEP02

F3 08AUG02 08AUG02 08AUG02 01APR93 22OCT92

F4 01MAY01 01MAY01 01MAY01 08SEP96 01OCT89

*NOTE: For May, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 01FEB11. F2A numbers SUBJECT to per- country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01FEB11 and earlier than 01MAR11. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment- based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus

any numbers not required for fourth and fifth preferences.

Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based

All CHINA-

Chargeability mainland INDIA Areas Except born

MEXICO PHILIPPINES

Those Listed

1st C C C C C

2nd C 15MAY08 01SEP04 C C

3rd 01DEC07 01DEC07 22DEC02 01DEC07 15SEP06

Other Workers 01DEC07

01SEP03 22DEC02 01DEC07 15SEP06

4th C C C C C

Certain Religious C Workers

5th Targeted Employment Areas/ C Regional Centers and Pilot Programs

C C

C C

C C

C C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV- 2013 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For May, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

Except: Egypt 23,500 43,400 Ethiopia 32,900

Nigeria 17,000

AFRICA

ASIA 7,850

EUROPE

NORTH AMERICA (BAHAMAS)

27,500 Except: Uzbekistan 13,700

3

OCEANIA 1,115

SOUTH AMERICA, and the CARIBBEAN 1,200

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2013 program ends as of September 30, 2013. DV visas may not be issued to DV-2013 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV

status until September 30, 2013. DV visa availability through the very end of FY-2013 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. ADVANCE NOTIFICATION OF THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JUNE

For June, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

The Employment-based Third preference category cut-off date for most countries has advanced significantly. This has been done in an attempt to generate demand so that the annual numerical limits may be fully utilized, and such movements may continue for the next few months. The rapid movement of cut-off dates is often followed months later by a dramatic increase in demand for numbers. Once such demand begins to materialize the cut-off date movements will begin to slow or stop.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to: http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

56,000

Except: Egypt 25,000 Ethiopia 36,000 Nigeria 17,000

ASIA

8,900

EUROPE

31,000

Except: Uzbekistan 15,800

NORTH AMERICA (BAHAMAS)

3

OCEANIA

1,275

SOUTH AMERICA, and the CARIBBEAN

1,300

[email protected]

and in the message body type:

Subscribe Visa-Bulletin

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

[email protected]

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 663-1541. The recording is normally updated on/about the 10th of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

[email protected]

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514 CA/VO: April 9, 2013

Family 1st – World numbers, China and India

June Visa Bulletin Summary:

advanced 3 weeks to 22 April 06; Mexico

advanced 1 week to 15 August 93; the Philippines jumped 7 months to 01 January 00.

Family 2A – World numbers, China, India, and the Philippines advanced 3 months and 1

week to 08 June 11; Mexico moved 3 months and 1 week to 08 May 11.

Family 2B – World numbers, China, and India moved 1 month and 3 weeks to 08 July 05;

Mexico moved forward 1 month and 2 weeks to 15 June 93; the Philippines advanced 1

month and 3 weeks to 01 November 02.

Family 3rd – World numbers, China, and India moved forward 3 weeks to 01 September 02;

Mexico moved one week to 08 April 93; the Philippines moved forward 3 weeks to 15

November 92.

Family 4th – World numbers, China and India remain stalled at 01 May 01; Mexico advanced

1 week to 15 September 96; the Philippines advanced 5 weeks to 08 November 89.

Employment 1st – still current in all categories.

Employment 2nd – World numbers, Mexico and the Philippines are still current; China moved

forward 2 months to 15 July 08; India remains stalled at 01 September 04.

Employment 3rd – World numbers, Mexico advanced 9 months to 01 September 08; the

Philippines moved forward one week to 22 September 06; China moved 9 months to 01

September 08; India advanced 2 weeks to 08 January 03.

Employment 3rd Other Workers – World numbers, Mexico advanced 9 months to 01

September 08; the Philippines moved forward one week to 22 September 06; China moved

5 weeks to 22 October 03; India advanced 2 weeks to 08 January 03.

Employment 4th – still current in all categories.

Employment 5th – still current in all categories.

Number 57 Volume IX Washington, D.C.

A. STATUTORY NUMBERS

1. This bulletin summarizes the availability of immigrant numbers during June. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; U.S. Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of status. Allocations were made, to the extent possible, in chronological order of reported priority dates, for demand received by May 8th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The cut-off date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. Only applicants who have a priority date earlier than the cut-off date may be allotted a number. If it becomes necessary during the monthly allocation process to retrogress a cut-off date, supplemental requests for numbers will be honored only if the priority date falls within the new cut-off date announced in this bulletin.

2. Section 201 of the Immigration and Nationality Act (INA) sets an annual minimum family-sponsored preference limit of 226,000. The worldwide level for annual employment- based preference immigrants is at least 140,000. Section 202 prescribes that the per- country limit for preference immigrants is set at 7% of the total annual family-sponsored and employment-based preference limits, i.e., 25,620. The dependent area limit is set at 2%, or 7,320.

3. INA Section 203(e) provides that family-sponsored and employment-based preference visas be issued to eligible immigrants in the order in which a petition in behalf of each has been filed. Section 203(d) provides that spouses and children of preference immigrants are entitled to the same status, and the same order of consideration, if accompanying or following to join the principal. The visa prorating provisions of Section 202(e) apply to allocations for a foreign state or dependent area when visa demand exceeds the per-country limit. These provisions apply at present to the following oversubscribed chargeability

areas: CHINA-mainland born, INDIA, MEXICO, and PHILIPPINES.

4. Section 203(a) of the INA prescribes preference classes for allotment of Family- sponsored immigrant visas as follows:

FAMILY-SPONSORED PREFERENCES

First: (F1) Unmarried Sons and Daughters of U.S. Citizens: 23,400 plus any numbers not required for fourth preference.

Second: Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, plus any unused first preference numbers:

A. (F2A) Spouses and Children of Permanent Residents: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. (F2B) Unmarried Sons and Daughters (21 years of age or older) of Permanent Residents: 23% of the overall second preference limitation.

Third: (F3) Married Sons and Daughters of U.S. Citizens: 23,400, plus any numbers not required by first and second preferences.

Fourth: (F4) Brothers and Sisters of Adult U.S. Citizens: 65,000, plus any numbers not required by first three preferences.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

All Charge- ability

Family-Sponsored Areas Except

Those Listed

CHINA- mainland INDIA born

MEXICO PHILIPPINES

F1 22APR06 22APR06 22APR06 15AUG93 01JAN00

F2A 08JUN11 08JUN11 08JUN11 08MAY11 08JUN11

F2B 08JUL05 08JUL05 08JUL05 15JUN93 01NOV02

F3 01SEP02 01SEP02 01SEP02 08APR93 15NOV92

F4 01MAY01 01MAY01 01MAY01 15SEP96 08NOV89

*NOTE: For June, F2A numbers EXEMPT from per-country limit are available to applicants from all countries with priority dates earlier than 08MAY11. F2A numbers SUBJECT to per- country limit are available to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 08MAY11 and earlier than 08JUN11. (All F2A numbers provided for MEXICO are exempt from the per-country limit; there are no F2A numbers for MEXICO subject to per-country limit.)

5. Section 203(b) of the INA prescribes preference classes for allotment of Employment- based immigrant visas as follows:

EMPLOYMENT-BASED PREFERENCES First: Priority Workers: 28.6% of the worldwide employment-based preference level, plus

any numbers not required for fourth and fifth preferences.

Second: MembersoftheProfessionsHoldingAdvancedDegreesorPersonsofExceptional Ability: 28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third: Skilled Workers, Professionals, and Other Workers: 28.6% of the worldwide level, plus any numbers not required by first and second preferences, not more than 10,000 of which to “*Other Workers”.

Fourth: Certain Special Immigrants: 7.1% of the worldwide level.

Fifth: Employment Creation: 7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of Pub. L. 102-395.

On the chart below, the listing of a date for any class indicates that the class is oversubscribed (see paragraph 1); “C” means current, i.e., numbers are available for all qualified applicants; and “U” means unavailable, i.e., no numbers are available. (NOTE: Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment- Based

All CHINA-

Chargeability mainland INDIA MEXICO PHILIPPINES Areas Except born

Those Listed

1st C C C C C

2nd C

3rd 01SEP08

Other Workers 01SEP08

15JUL08 01SEP04 C C

01SEP08 08JAN03 01SEP08 22SEP06

22OCT03 08JAN03 01SEP08 22SEP06

4th C C C C C

Certain Religious C Workers

5th Targeted Employment Areas/ C Regional Centers and Pilot Programs

C C C C

C CC C

*Employment Third Preference Other Workers Category: Section 203(e) of the Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997, as amended by Section 1(e) of Pub. L. 105-139, provides that once the Employment Third Preference Other Worker (EW) cut-off date has reached the priority date of the latest EW petition approved prior to November 19, 1997, the 10,000 EW numbers available for a fiscal year are to be reduced by up to 5,000 annually beginning in the following fiscal year. This reduction is to be made for as long as necessary to offset adjustments under the NACARA program. Since the EW cut-off date reached November 19, 1997 during Fiscal Year 2001, the reduction in the EW annual limit to 5,000 began in Fiscal Year 2002.

6. The Department of State has a recorded message with visa availability information which can be heard at: (202) 663-1541. This recording is updated on or about the tenth of each month with information on cut-off dates for the following month.

B. DIVERSITY IMMIGRANT (DV) CATEGORY FOR THE MONTH OF JUNE

Section 203(c) of the INA provides up to 55,000 immigrant visas each fiscal year to permit additional immigration opportunities for persons from countries with low admissions during the previous five years. The NACARA stipulates that beginning with DV-99, and for as long as necessary, up to 5,000 of the 55,000 annually-allocated diversity visas will be made available for use under the NACARA program. This resulted in reduction of the DV- 2013 annual limit to 50,000. DV visas are divided among six geographic regions. No one country can receive more than seven percent of the available diversity visas in any one year.

For June, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

Region

All DV Chargeability Areas Except Those Listed Separately

Except: Egypt 25,000 56,000 Ethiopia 36,000

Nigeria 17,000

AFRICA

ASIA 8,900

EUROPE

NORTH AMERICA (BAHAMAS)

31,000 Except: Uzbekistan 15,800

3

OCEANIA 1,275

SOUTH AMERICA, and the CARIBBEAN 1,300

Entitlement to immigrant status in the DV category lasts only through the end of the fiscal (visa) year for which the applicant is selected in the lottery. The year of entitlement for all applicants registered for the DV-2013 program ends as of September 30, 2013. DV visas may not be issued to DV-2013 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2013 principals are only entitled to derivative DV

status until September 30, 2013. DV visa availability through the very end of FY-2013 cannot be taken for granted. Numbers could be exhausted prior to September 30.

C. THE DIVERSITY (DV) IMMIGRANT CATEGORY RANK CUT-OFFS WHICH WILL APPLY IN JULY

For July, immigrant numbers in the DV category are available to qualified DV-2013 applicants chargeable to all regions/eligible countries as follows. When an allocation cut-off number is shown, visas are available only for applicants with DV regional lottery rank numbers BELOW the specified allocation cut-off number:

D. EMPLOYMENT THIRD PREFERENCE VISA AVAILABILITY

The Employment-based Third preference category cut-off date for most countries has advanced significantly for a second month in a row. This recent movement of the dates is not indicative of what can be expected in the future. Rapid forward movement of cut-off dates is often followed by a dramatic increase in demand for numbers within three to six months. Once such demand begins to materialize the cut-off date movement will begin to slow, or even stop for a period of time.

E. OBTAINING THE MONTHLY VISA BULLETIN

The Department of State’s Bureau of Consular Affairs publishes the monthly Visa Bulletin on their website at www.travel.state.gov under the Visas section. Alternatively, visitors may access the Visa Bulletin directly by going to: http://www.travel.state.gov/visa/bulletin/bulletin_1360.html.

To be placed on the Department of State’s E-mail subscription list for the “Visa Bulletin”, please send an E-mail to the following E-mail address:

[email protected]

Region

All DV Chargeability Areas Except Those Listed Separately

AFRICA

66,700

Except: Egypt 50,000 Ethiopia 50,000 Nigeria 17,775

ASIA

9,850

EUROPE

33,000

Except: Uzbekistan 16,850

NORTH AMERICA (BAHAMAS)

3

OCEANIA

1,450

SOUTH AMERICA, and the CARIBBEAN

1,500

and in the message body type:

Subscribe Visa-Bulletin

To be removed from the Department of State’s E-mail subscription list for the “Visa Bulletin”, send an e-mail message to the following E-mail address:

[email protected]

and in the message body type: Signoff Visa-Bulletin

The Department of State also has available a recorded message with visa cut-off dates which can be heard at: (202) 663-1541. The recording is normally updated on/about the 10th of each month with information on cut-off dates for the following month.

Readers may submit questions regarding Visa Bulletin related items by E-mail at the following address:

[email protected]

(This address cannot be used to subscribe to the Visa Bulletin.)

Department of State Publication 9514 CA/VO: May 9, 2013