New Workers Comp Laws In California

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Governor Jerry Brown had until September 30, 2018 to sign or veto any bill passed by the California Legislature. Governor Brown signed the following workers’ comp-related bills signed into law:

PEACE OFFICERS: Assembly Bill 1749

This bill provides that a California employer may accept liability for an injury sustained by a peace officer not acting under the immediate direction of his or her employer while apprehending suspected law violators, protecting life or property, or preserving the peace outside of California. This bill specifically includes any claims for injuries sustained by peace officers during the Oct. 1, 2017 mass shooting in Las Vegas, Nev. if the employer determines providing compensation serves public purposes.

FRAUD ASSESSMENT COMMISSION FUNDS: Assembly Bill 2046

This bill authorizes, instead of requires, Fraud Assessment Commission funds appropriated but not expended in the fiscal year that have not been allocated to the district attorneys, to be applied to satisfy the immediately following fiscal year minimum total amount required or to augment funding in the immediately following fiscal year.

The bill also requires an authorized government agency that is provided with workers’ comp insurance fraud-related information to release or provide that information to an authorized government agency, upon request, unless it would violate federal law or otherwise compromise an investigation. The bill also requires an authorized government agency that seeks to disclose information obtained from the Employment Development Department to any other governmental agency that is not authorized to receive that information to obtain EDD approval prior to disclosure.

LICENSED CONTRACTORS: Assembly Bill 2705

Licensed contractors are required to have a current and valid Certificate of Workers’ Compensation Insurance or Certification of Self-Insurance on file with the Contractors’ State License Board and violation of this law is a misdemeanor that must be prosecuted within 2 years. This bill makes it a misdemeanor violation for an unlicensed contractor to fail to comply with workers’ compensation insurance requirements and makes that violation subject to the two-year statute of limitations.

DISABILITY INDEMNITY PAYMENTS: Senate Bill 880

This bill authorizes an employer, with the written consent of the employee, to deposit disability indemnity payments for the employee in a prepaid card account until Jan. 1, 2023. The bill imposes certain conditions, such as allowing the employee reasonable access to in network ATMs and allowing for withdrawal and purchases without incurring fees. The bill also requires employers to provide aggregated data on their prepaid account programs to the Commission on Health and Safety and Workers’ Compensation upon request and requires CHSWC to issue a report to the Legislature on or before Dec. 1, 2022 regarding payments made to those prepaid card accounts.

PEACE OFFICERS & ACTIVE FIREFIGHTING MEMBERS: Senate Bill 1086

With respect to peace officers and active firefighting members, existing law extends the time period for commencing workers’ comp proceedings to collect death benefits from 240 weeks from the date of injury to no later than 420 weeks from the date of injury, not to exceed one year after the date of death. Pursuant to existing law, this extension of time pertains to injuries, including but not limited to cancer, tuberculosis, or blood-borne infectious diseases and is only operative until January 1, 2019. This bill removes the Jan. 1, 2019 date of repeal.

August 2017 Visa Bulletin – Visa Lawyer

Los Angeles Visa Lawyer

Visa Bulletin For August 2017

Los Angeles Visa Lawyer Visa Bulletin

Los Angeles Visa Lawyer

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A. STATUTORY NUMBERS  Los Angeles Visa Lawyer

This bulletin summarizes the availability of immigrant numbers during August for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.   Los Angeles Visa Lawyer   Los Angeles Visa Lawyer

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Bulletin.  Los Angeles Visa Lawyer

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by July 11th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.   Los Angeles Visa Lawyer  Los Angeles Visa Lawyer Los Angeles Visa Lawyer

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, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES.  Los Angeles Visa Lawyer

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

Los Angeles Visa Lawyer

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.

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES  

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 authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)  Los Angeles Visa Lawyer

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 22DEC10 22DEC10 22DEC10 01FEB96 15OCT06
F2A 22SEP15 22SEP15 22SEP15 01SEP15 22SEP15
F2B 01NOV10 01NOV10 01NOV10 01JUL96 08DEC06
F3 08JUL05 08JUL05 08JUL05 08APR95 22JAN95
F4 08MAY04 08MAY04 22SEP03 15SEP97 08APR94
22MAR05
22MAR05

*NOTE: For August, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 01SEP15. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 01SEP15 and earlier than 22SEP15. All F2A numbers provided for MEXICO are exempt from the per-country limit.   Los Angeles Visa Lawyer

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES 
F1 22JUL11 22JUL11 22JUL11 01APR96 08SEP07
F2A 08APR16 08APR16 08APR16 08APR16 08APR16
F2B 01SEP11 01SEP11 01SEP11 08AUG96 22JUL07
F3 01DEC05 01DEC05 01DEC05 01MAY95 01FEB95
F4 15NOV04 15NOV04 22JUN04 08JAN98 08FEB95

Los Angeles Immigration Lawyers

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.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

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 authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Employ-
ment
based
All Charge-
ability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES
1st C 01JAN12 C 01JAN12 C C
2nd 01APR15 22APR13 01APR15 22JUL08 01APR15 01APR15
3rd C 01JAN12 C 15JUL06 C 01JUN15
Other Workers C 01JAN04 C 15JUL06 C 01JUN15
4th C C 15SEP15 15SEP15 15SEP15 C
Certain Religious Workers C C 15SEP15 15SEP15 15SEP15 C
5th
Non-Regional
Center
(C5 and T5)
C 15JUN14 C C C C
5th
Regional
Center
(I5 and R5)
C 15JUN14 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.   Los Angeles Visa Lawyer

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO  PHILIPPINES 
1st C C C C C
2nd C 01OCT13 01FEB09 C C
3rd C 01SEP15 01JAN07 C 01JAN16
Other Workers C 01JUN08 01JAN07 C 01JAN16
4th C C C C C
Certain Religious Workers C C C C C
5th
Non-Regional
Center
(C5 and T5)
C 01SEP14 C C C
5th
Regional
Center
(I5 and R5)
C 01SEP14 C C C

6.  The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on final action dates for the following month.

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

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-2017 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 August, immigrant numbers in the DV category are available to qualified DV-2017 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
AFRICA CURRENT Except:
Egypt:     30,600
ASIA CURRENT Except:
Nepal:     7,075
EUROPE CURRENT Except:
Uzbekistan  13,300
NORTH AMERICA (BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA,
and the CARIBBEAN
CURRENT

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-2017 program ends as of September 30, 2017. DV visas may not be issued to DV-2017 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2017 principals are only entitled to derivative DV status until September 30, 2017. DV visa availability through the very end of FY-2017 cannot be taken for granted. Numbers could be exhausted prior to September 30.  Los Angeles Immigration Lawyers

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

For September, immigrant numbers in the DV category are available to qualified DV-2017 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
AFRICA Current Except:
Egypt: 36,500
ASIA Current Except:
Nepal: 7,450
EUROPE Current
NORTH AMERICA (BAHAMAS) Current
OCEANIA Current
SOUTH AMERICA,
and the CARIBBEAN
Current

D.  OVERSUBSCRIPTION OF EMPLOYMENT-BASED SECOND PREFERENCE CATEGORY

WORLDWIDE, EL SALVADOR, GUATEMALA, HONDURAS, MEXICO, AND PHILIPPINES Employment-based Second (E2) Preference category:  Readers were advised in item D of the May Visa Bulletin number 6, that it was likely that a date would be imposed at some point. High demand for numbers for USCIS adjustment of status applicants has required the establishment of a date for August. This action will allow number use to be held within the Worldwide E2 annual limit.

The E2 date for these countries will once again become CURRENT for October, the first month of fiscal year 2018.

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#AskNikki   If you have any questions about this month’s visa bulletin, please contact us to schedule a consultation.  Los Angeles Visa Lawyer Nikki Jacobson would be more than happy to assist you with all of your family and employment based immigration petitions and applications.  L os Angeles Visa Lawyer 

 

May 2017 Visa Bulletin

Los Angeles Visa Lawyer

Visa Bulletin For May 2017

Los Angeles Immigration Lawyer Visa Bulletin

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If you have any questions about this month’s visa bulletin, please contact us to schedule a consultation.  Los Angeles Immigration Attorney Nikki Jacobson would be more than happy to assist you with all of your family and employment based immigration petitions and applications.

A. STATUTORY NUMBERS

This visa bulletin summarizes the availability of immigrant numbers during May for: “Final Action Dates” and “Dates for Filing Applications,” indicating when immigrant visa applicants should be notified to assemble and submit required documentation to the National Visa Center.

Unless otherwise indicated on the U.S. Citizenship and Immigration Services (USCIS) website at www.uscis.gov/visabulletininfo, individuals seeking to file applications for adjustment of status with USCIS in the Department of Homeland Security must use the “Final Action Dates” charts below for determining when they can file such applications. When USCIS determines that there are more immigrant visas available for the fiscal year than there are known applicants for such visas, USCIS will state on its website that applicants may instead use the “Dates for Filing Visa Applications” charts in this Visa Bulletin.

1.  Procedures for determining dates. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; USCIS reports applicants for adjustment of status. Allocations in the charts below were made, to the extent possible, in chronological order of reported priority dates, for demand received by April 11th. If not all demand could be satisfied, the category or foreign state in which demand was excessive was deemed oversubscribed. The final action date for an oversubscribed category is the priority date of the first applicant who could not be reached within the numerical limits. If it becomes necessary during the monthly allocation process to retrogress a final action date, supplemental requests for numbers will be honored only if the priority date falls within the new final action date announced in this visa bulletin. If at any time an annual limit were reached, it would be necessary to immediately make the preference category “unavailable”, and no further requests for numbers would be honored.

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, EL SALVADOR, GUATEMALA, HONDURAS, INDIA, MEXICO, and PHILIPPINES.

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

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If you have any questions about this month’s visa bulletin, please contact us to schedule a consultation.  Los Angeles Immigration Attorney Nikki Jacobson would be more than happy to assist you with all of your family and employment based immigration petitions and applications.

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.

A.  FINAL ACTION DATES FOR FAMILY-SPONSORED PREFERENCE CASES

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 authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-mainland
born
INDIA MEXICO PHILIPPINES 
F1 08DEC10 08DEC10 08DEC10 15JUN95 01FEB06
F2A 15JUL15 15JUL15 15JUL15 22JUN15 15JUL15
F2B 01OCT10 01OCT10 01OCT10 01FEB96 01AUG06
F3 15JUN05 15JUN05 15JUN05 22JAN95 22SEP94
F4 08MAY04 08MAY04 08SEP03 01JUL97 15OCT93
22MAR05
22MAR05

*NOTE: For May, F2A numbers EXEMPT from per-country limit are authorized for issuance to applicants from all countries with priority dates earlier than 22JUN15. F2A numbers SUBJECT to per-country limit are authorized for issuance to applicants chargeable to all countries EXCEPT MEXICO with priority dates beginning 22JUN15 and earlier than 15JUL15. All F2A numbers provided for MEXICO are exempt from the per-country limit.

B.  DATES FOR FILING FAMILY-SPONSORED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart below may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file applications, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 4.A.) this month for filing applications for adjustment of status with USCIS.

Family-
Sponsored 
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO PHILIPPINES 
F1 22JUL11 22JUL11 22JUL11 01APR96 08SEP07
F2A 08APR16 08APR16 08APR16 08APR16 08APR16
F2B 01SEP11 01SEP11 01SEP11 08AUG96 22JUL07
F3 01DEC05 01DEC05 01DEC05 01MAY95 01FEB95
F4 15NOV04 15NOV04 22JUN04 08JAN98 08FEB95

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

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If you have any questions about this month’s visa bulletin, please contact us to schedule a consultation.  Los Angeles Immigration Attorney Nikki Jacobson would be more than happy to assist you with all of your family and employment based immigration petitions and applications.

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.

A.  FINAL ACTION DATES FOR EMPLOYMENT-BASED PREFERENCE CASES

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 authorized for issuance to all qualified applicants; and “U” means unauthorized, i.e., numbers are not authorized for issuance. (NOTE: Numbers are authorized for issuance only for applicants whose priority date is earlier than the final action date listed below.)

Employ-
ment
based
All Charge-
ability
Areas Except
Those Listed
CHINA-
mainland
born
EL SALVADOR
GUATEMALA
HONDURAS
INDIA MEXICO PHILIPPINES
1st C C C C C C
2nd C 08FEB13 C 22JUN08 C C
3rd 15MAR17 01OCT14 15MAR17 25MAR05 15MAR17 01JAN13
Other Workers 15MAR17 08MAR06 15MAR17 25MAR05 15MAR17 01JAN13
4th C C 15JUL15 C 15JUL15 C
Certain Religious Workers U U U U U U
5th
Non-Regional
Center
(C5 and T5)
C 01JUN14 C C C C
5th
Regional
Center
(I5 and R5)
U U U U U U

*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.

B.  DATES FOR FILING OF EMPLOYMENT-BASED VISA APPLICATIONS

The chart below reflects dates for filing visa applications within a timeframe justifying immediate action in the application process. Applicants for immigrant visas who have a priority date earlier than the application date in the chart may assemble and submit required documents to the Department of State’s National Visa Center, following receipt of notification from the National Visa Center containing detailed instructions. The application date for an oversubscribed category is the priority date of the first applicant who cannot submit documentation to the National Visa Center for an immigrant visa. If a category is designated “current,” all applicants in the relevant category may file, regardless of priority date.

The “C” listing indicates that the category is current, and that applications may be filed regardless of the applicant’s priority date. The listing of a date for any category indicates that only applicants with a priority date which is earlier than the listed date may file their application.

Visit www.uscis.gov/visabulletininfo for information on whether USCIS has determined that this chart can be used (in lieu of the chart in paragraph 5.A.) this month for filing applications for adjustment of status with USCIS.

Employment-
based
All Chargeability
Areas Except
Those Listed
CHINA-
mainland
born
INDIA MEXICO  PHILIPPINES 
1st C C C C C
2nd C 01OCT13 01FEB09 C C
3rd C 01SEP15 22APR06 C 01JUL14
Other Workers C 01JUN08 22APR06 C 01JUL14
4th C C C C C
Certain Religious Workers C C C C C
5th
Non-Regional
Center
(C5 and T5)
C 01SEP14 C C C
5th
Regional
Center
(I5 and R5)
C 01SEP14 C C C

6.  The Department of State has a recorded message with the cut-off date information for Final Application Action which can be heard at:  (202) 485-7699.  This recording is updated on or about the tenth of each month with information on final action dates for the following month.

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

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-2017 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-2017 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
AFRICA CURRENT Except:
Egypt:     24,500
Ethiopia:  29,100
ASIA CURRENT Except:
Iran:       6,300
Nepal:     5,300
EUROPE CURRENT
NORTH AMERICA (BAHAMAS) CURRENT
OCEANIA CURRENT
SOUTH AMERICA,
and the CARIBBEAN
CURRENT

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-2017 program ends as of September 30, 2017. DV visas may not be issued to DV-2017 applicants after that date. Similarly, spouses and children accompanying or following to join DV-2017 principals are only entitled to derivative DV status until September 30, 2017. DV visa availability through the very end of FY-2017 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 JUNE

For June, immigrant numbers in the DV category are available to qualified DV-2017 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
AFRICA Current Except:
Egypt:    26,250
Ethiopia: 34,700
ASIA Current Except:
Iran:   7,300
Nepal: 5,875
EUROPE Current
NORTH AMERICA (BAHAMAS) Current
OCEANIA Current
SOUTH AMERICA,
and the CARIBBEAN
Current

D.  VISA AVAILABILITY IN THE EMPLOYMENT-BASED PREFERENCES

During the past six weeks the level of Employment-based First and Second preference demand for adjustment of status cases filed with U.S. Citizenship and Immigration Services has increased dramatically.  Continued heavy demand for numbers will require corrective action to hold number use within these annual limits.

Employment First Preference: A Final Action Date will be established for both CHINA-mainland born and INDIA in the near future.  Once such a date has been established, there is some chance that it might advance slowly through September. The date for these countries will once again become CURRENT for October, the first month of fiscal year 2018.
Employment Second Preference:  Worldwide, El Salvador, Guatemala, Honduras, Mexico, and the Philippines can be expected to become oversubscribed no later than July. It is possible that there could be some forward movement of the established Final Action Date by September.  The date for these countries will once again become CURRENT for October, the first month of fiscal year 2018.

E.  SCHEDULED EXPIRATION OF TWO EMPLOYMENT VISA CATEGORIES

Employment Fourth Preference Certain Religious Workers (SR):

Pursuant to the continuing resolution signed on December 10, 2016, the non-minister special immigrant program expires on April 28, 2017.  No SR visas may be issued overseas, or final action taken on adjustment of status cases, after midnight April 27, 2017. Visas issued prior to this date will only be issued with a validity date of April 27, 2017, and all individuals seeking admission as a non-minister special immigrant must be admitted (repeat, admitted) into the U.S. no later than midnight April 27, 2017.

The final action date for this category has been listed as “Unavailable” for May.  If there is legislative action extending this category for FY-2017, the final action date would immediately become “Current” for May for all countries except El Salvador, Guatemala, Honduras, and Mexico which would be subject to a July 15, 2015 final action date.

Employment Fifth Preference Categories (I5 and R5):

The continuing resolution signed on December 10, 2016 extended this immigrant investor pilot program until April 28, 2017. The I5 and R5 visas may be issued until close of business on April 28, 2017, and may be issued for the full validity period. No I5 or R5 visas may be issued overseas, or final action taken on adjustment of status cases, after April 28, 2017.

The final action dates for the I5 and R5 categories have been listed as “Unavailable” for May.  If there is legislative action extending them for FY-2017, the final action dates would immediately become “Current” for May for all countries except China-mainland born I5 and R5 which would be subject to a June 1, 2014 final action date.

F.   SPECIAL IMMIGRANT VISA AVAILABILITY

The Department expects to exhaust the Special Immigrant Visas allocated by Congress under the Afghan Allies Protection Act of 2009, as amended, not later than June 1, 2017.  As a result, the Final Action Date for the SQ category for certain Afghan nationals employed by or on behalf of the U.S. government in Afghanistan will become “Unavailable” effective June 2017.  No further interviews for Afghan principal applicants in the SQ category will be scheduled after March 1, 2017, and further issuances will not be possible after May 30, 2017.

The SQ category for certain Iraqi nationals employed by or on behalf of the U.S. government in Iraq is not affected and remains current, though the application deadline was September 30, 2014.

The FY-2017 annual limit of 50 Special Immigrant Visas in the SI category was reached in December 2016 and the Final Action Date remains “Unavailable.”  As included in the January 2017 Visa Bulletin, further issuances in the SI category will not be possible until October 2017, under the FY-2018 annual limit.

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If you have any questions about this month’s visa bulletin, please contact us to schedule a consultation.  Los Angeles Immigration Attorney Nikki Jacobson would be more than happy to assist you with all of your family and employment based immigration petitions and applications.

 

Clients

Attorney Nikki Mehrpoo Jacobson has represented individual clients in immigration (visa) and workers’ compensation (work injury) matters employed at a variety of companies in California, the United States and through out the world.

Below is a partial list of the employers:

ADP Total Source, Inc.
AGBT – American Express Global Business Travel
Alliance for Sustainable Energy
American Express
American Family Insurance
Anheuser-Busch Companies, LLC
Avera
Bank of America
Barclays
Becker’s School Supplies
BlackRock
Blue Coat Systems Inc.
Boston Scientific Corporation
Bridgepoint Education, Inc.
Broadcom Corporation
Callaway Golf
Career Education Corporation
Carle Foundation Hospital
Catalina Marketing Corporation
Cedar Sinai Medical Center
Center Light Health System
Cerner Corporation
Chapman University
CIT Group Inc.
City of Coral Gables
Cognizant Technology Solutions
Concentric Rockford Inc.
Credit Suisse
Data Card Corporation
Dealertrack Technologies, Inc.
Deloitte LLP
Enovation Controls
Ernst & Young LLP
Everest Reinsurance Company
Gander Mountain
Golub Corporation D/B/A “Price Chopper”
Health Net Inc.
Houston Methodist
Humana Inc.
Huntington Ingalls Industries, Inc.
Hyatt
Jack Henry & Associates
John Hancock Life Insurance Company (USA)
JPMorgan Chase
Lahey Clinic Foundation, Inc.
Lakeside Union School District
Latham & Watkins LLP
Laureate Education, Inc.
Legal Resources
Leggett & Platt
Levi Strauss & Company
Luther Holding Company DBA Luther Automotive
Madison Square Garden
McCarthy Building Companies, Inc.
Meridian Health System
Merrill Communications, LLC
MITRE Corporation
Morgan Stanley
NCCI Holdings, Inc.
NetApp, Inc.
Northeast Rehabilitation Health Network
Northrop Grumman Corporation
NVIDIA Corporation
NYU Hospitals
Office Depot
Palomar Health
Presence Health
Prudential Insurance Company
Purdue University
Raytheon Company
Recall Corporation
Regus Management Group LLC
Sage Colleges
Scripps Health
SeaWorld Parks & Entertainment, Inc.
SHPS, Inc.
Southern Research Institute
Southwest Research Institute
Sprint
St. Catherine University
Stanford Hospital & Clinics
Staples, Inc.
State of Georgia
State Street
Synopsys, Inc.
The Knot
Tufts University
U-Haul International
United Nations Staff Union
United Rentals, Inc.
United Technologies Corporation Aerostructures Division
University of North Florida
UPMC
UPS – United Parcel Service, Inc.
Vail Resorts Management Company
Valdosta City Schools
Vanguard
Vantiv, Inc.
Visa Inc.
Vitas Hospice Services LLC
Western Asset Management Co.
Worcester Polytechnic Institute
Zale Corporation

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