Copland and Brenner

Table of Contents

1. The Online Diversity Visa Program Ends On November 5, 2011
2. The Prosecutorial Discretion Program Has Just Begun - Are You Eligible?
3. Visa Updates - Immigrant Visa Availabilities for November 2011
4. Labor Department - Prevailing Wage Determinations and H-1B Cap Updates

1. The Online Diversity Visa Program Ends On November 5, 2011

   Each year, the U.S. Department of State holds an online lottery known as the Diversity Immigrant Visa (DV) Program. Only individuals from countries with low rates of immigration to the United States are eligible to apply. After a random selection, 50,000 Green Cards or immigrant visas are issued to individuals admissible to the United States.

   Important Notice: The online registration period concludes on Saturday, November 5, 2011, at noon, Eastern Daylight Time (EDT) (GMT-4).

   To learn more, please access the link: https://www.dvlottery.state.gov/

2. The Prosecutorial Discretion Program Has Just Begun - Are You Eligible?

   On June 17, 2011, the Director of U.S. Immigration and Customs Enforcement (ICE) released a memo outlining the use of prosecutorial discretion by immigration officers when seeking to enforce the immigration laws. "Prosecutorial discretion" is the authority of an agency to decide what charges to bring and how to pursue each case. The purpose of exercising such discretion is to ensure that the enforcement priorities of immigration agencies are focused on removing persons who are most dangerous to our country.

   Prosecutorial discretion may be exercised under the following circumstances: when deciding whether to issue a detainer; initiate removal proceedings; focus enforcement resources on particular violations or conduct; stop, question, or arrest a particular person; detain or release someone on bond, supervision, or personal recognizance; settle or dismiss a removal case; stay a final order of removal; pursue an appeal; and/or execute a removal order. Immigration officers have the authority to exercise prosecutorial discretion.

   Nationwide implementation of the Prosecutorial Discretion has recently begun. A range of factors are considered. To gain more information about the Program, learn about the factors involved in exercising Prosecutorial Discretion, and view results of the Program to date, please access the following links:
   http://www.ice.gov/doclib/secure-communities/pdf/prosecutorial-discretion-memo.pdf
   http://www.ice.gov/doclib/about/offices/ero/pdf/immigration-enforcement-facts.pdf
   http://trac.syr.edu/immigration/

3. Visa Updates - Immigrant Visa Availabilities for November 2011

   The Visa Bulletin of the U.S. Department of State lists immigrant visas limited by numerical ("quota") restrictions based upon category and country of birth. In the Visa Bulletin, "C" means a category is current, "U" means it is unavailable, and inclusion of a specific date means only petitions with earlier priority dates are being allocated visas for that month. Unfortunately, many categories are seriously backlogged.

   For the month of November, certain categories for natives of China and India will advance significantly. For information on family-based and employment-based categories and an updated chart of their availabilities, please visit: http://www.travel.state.gov/visa/bulletin/bulletin_1360.html

4. Labor Department - Prevailing Wage Determinations and H-1B Cap Updates

   A few months ago, the Department of Labor's Office of Foreign Labor Certification unilaterally stopped issuing prevailing wage determinations for positions under the H-1B temporary worker and the PERM Labor Certification programs. The Department stated that its actions resulted from a federal court order to correct prevailing wage determinations for the H-2B temporary work program. These disruptions caused hardship for employers of H-1B workers and for employers filing PERM Labor Certification Applications. Recently, the Department announced that is resuming adjudication of Prevailing Wage Determinations for the H-1B and Labor Certification Programs that are deemed to be "current" in accordance with the following timeline: PERM--week of October 23, 2011; H-1B -- week of November 6, 2011; H-2B -- week of December 18, 2011. For more information, go to: http://www.foreignlaborcert.doleta.gov/

   The annual Cap in the H-1B visa category is 65,000. In addition, 20,000 petitions are exempt from the Cap, provided the petitions are filed for beneficiaries who have obtained a U.S. master's degree or higher. As of October 28, 2011, the Department of Labor has confirmed 49,200 receipts under the Cap and 20,000 receipts under the Master's Exemption. For more information, please visit: http://www.uscis.gov/h-1b_count

   Government Agencies

   To access key government web sites, go to:

   • U.S.CIS Service Center -- processing times: https://egov.uscis.gov/cris/processTimesDisplay.do
   • U.S. Department of Labor PERM -- processing times: http://icert.doleta.gov/#fragment-2
   • U.S. Department of State -- Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html