RETURN TO HOMEPAGE

SHUSTERMAN'S IMMIGRATION UPDATE
(January 1997)

Visa Bulletin US CIS - Infopass Consultation with Immigration Lawyer Carl Shusterman Law Offices of Immigration Lawyer Carl Shusterman US Citizenship and Immigration Services Computer Professionals
shusterman.com Sucess Stories Client - case status access Ask Mr. Shusterman shusterman.com web site You Tube

FREE NEWSLETTER
Learn how to benefit from United States immigration laws and procedures from a former INS Attorney (1976-82) with over 30 years of experience.

SHUSTERMAN'S IMMIGRATION UPDATE is must reading for potential immigrants, employers, human resources managers, immigration attorneys, reporters and policy makers.

Join over 55,000 persons in more than 150 countries in subscribing to our FREE monthly e-mail newsletter.

E-Mail Address:

Your Name:

Volume Two, Number One

Published by the Law Offices of Carl Shusterman, 600 Wilshire Boulevard, Phone: (213) 623-4592, Fax (213) 623-3720, E-Mail: carl@shusterman.com, WWW Home Page: http://www.shusterman.com

To subscribe to SHUSTERMAN'S IMMIGRATION UPDATE, fill out the brief online form at

http://www.shusterman.com/subscribe.html#subscribe

or send an e-mail message to majordomo@shusterman.com with the words "subscribe visalaw" in the body of the message.

To unsubscribe, fill in your e-mail address at

http://www.shusterman.com/subscribe.html#unsubscribe

or send an e-mail message to majordomo@shusterman.com with the words "unsubscribe visalaw" in the body of the message.

For back issues of SHUSTERMAN'S IMMIGRATION UPDATE, see

http://www.shusterman.com/toc-siu.html

Disclaimer: This newsletter is not intended to establish an attorney-client relationship. All information contained in this newsletter is generalized. Any reliance on information contained herein is taken at your own risk.


CONTENTS:

1. February 1997 State Department Visa Bulletin

2. Latest Processing Times for INS Service Centers

3. Processing Times for Labor Certifications and LCAs

4. New Immigration Bill Changes Effective 12-29-96

5. Immigration Trivia Quiz: Who is David Ho?

6. Physicians I: HUD Extends J Waiver Moratorium Indefinitely

7. Physicians II: IMG Web - Immigration Forum

8. My Turn: "America Stands Unique in the World"

9. A New and Improved Web Site at INS

10. Answer to the Immigration Trivia Quiz


1. February 1997 State Department Visa Bulletin

The State Department has issued the February 1997 Visa Bulletin.

Most of the Family categories moved only one to five weeks forward, or in the case of the 2A preference category (spouses and minor, unmarried children of permanent residents) did not move at all. One exception was the Mexican 1st preference category (unmarried adult sons and daughters of U.S. citizens) which moved two months forward.

The Worldwide Employment categories remained "current" (no backlogs) except for the unskilled category which advanced two months to February 1, 1990. The India 2nd preference category advanced over three months while the India 3rd preference category moved forward two months. The most significant movement occurred in the Philippine 3rd preference category which moved from a ten month backlog to current.

For an explanation of what the categories, dates and symbols listed below mean, see

http://www.shusterman.com/family.html

and

http://www.shusterman.com/employmt.html

FAMILY CATEGORIES

Categories Worldwide India Mexico Philippines
1st 4-01-96 4-01-96 9-08-92 7-15-86
2A 2-08-93 2-08-93 6-01-92 2-08-93
2B 2-15-91 2-15-91 2-15-91 2-15-91
3rd 11-15-93 11-15-93 12-22-87 10-15-85
4th 7-15-86 2-08-85 8-15-85 11-22-77



EMPLOYMENT CATEGORIES

Categories Worldwide India Mexico Philippines
1st Current Current Current Current
2nd Current 11-01-95 Current Current
3rd Current 9-01-94 Current Current
Unskilled 2-01-90 2-01-90 2-01-90 2-01-90
4th Current Current Current Current
5th Current Current Current Current

2. Latest Processing Times for INS Service Centers

Most immigration applications and petitions must be submitted to one of the following INS Regional Service Centers: (1) Laguna Niguel, California; (2) Lincoln, Nebraska; (3) Dallas, Texas; and (4) St. Albans, Vermont.

The lists containing the waiting times of each center have been updated to include each state served by the center and any foreign offices within each center's jurisdiction.

The service centers issue lists of their processing times for various types of applications. Our web page contains the latest list issued by each service center.

Warning: Processing times may appear faster on the official lists than they are in reality.

To see how fast (or slow) your service center is processing a particular type of petition or application, see

http://www.shusterman.com/toc-sc.html

3. Processing Times for Labor Certifications and LCAs

Most persons who immigrate under the employment-based second and third- preference categories need to have their employers submit Applications for Alien Labor Certifications on their behalf.

The U.S. Department of Labor (DOL) subcontracts the processing of these "labor certificatons" to the individuals state labor departments which are known as State Employment Service Agencies (SESAs). Once the SESA guides you through the recruitment process (sometimes kicking and screaming!), the Regional DOL Office either approves your application or sends you a Notice of Findings (NOF). A NOF means "Danger Ahead: Exercise Extreme Caution!"

Employers of temporary professional (H-1B) employees must obtain a Labor Condition Application (LCA) from DOL prior to submitting an H-1B petition to INS.

Each SESA and Regional DOL Offices process labor certifications and LCAs at varying speeds.

To survey the latest processing times for each office, see

http://www.shusterman.com/dol.html

4. New Immigration Bill Changes Effective 12-29-96

For the latest several issues of SHUSTERMAN'S IMMIGRATION UPDATE, we have been advising those of you who are interested in reading either the text or an analysis of the new immigration law to see

http://www.shusterman.com/toc-nwlw.html

On December 29, 1996, a number of new provisions of the law became effective, not the least of which is the increase in fine levels from $650 to $1,000 for many overstays, visa violators and those who entered the U.S. without inspection by the INS.

To read about the latest changes in the new law, see

http://www.shusterman.com/12-29-96.html

5. Immigration Trivia Quiz: Who is David Ho?

Twelve-year-old Ho Da-i left his native Taiwan and accompanied his mother and younger brother to the U.S. in 1965, the same year that Congress changed the immigration laws to permit Asians to enter the U.S. on an equal footing with Europeans.

Not speaking a word of English, David, a name that his father selected for him from the Bible, enrolled in school in a poor neighborhood in Los Angeles. David remembers being taunted by his classmates for being so "dumb".

Nevertheless, David quickly mastered English and excelled in school. He attended Cal Tech, MIT and received his M.D. from Harvard Medical School. Dr. Ho has been named Man of the Year by Time Magazine. Do you know why?

Answer contained in Topic #10

6. Physicians I: HUD Extends J Waiver Moratorium Indefinitely

J-1 Physicians who had applied to HUD for waivers of the home residency requirement had the rug pulled out from under them on December 13, 1996 when the government announced that due to staff reductions and both real and perceived abuses in the waiver program, the HUD moratorium would be continued indefinitely, and the applications which had been submitted prior to the imposition of the moratorium in August would be returned.

To read a copy of the HUD memorandum, see

http://www.shusterman.com/hud-term.html

As hundreds of medically-underserved inner city neighborhoods are deprived of primary care physicians, expect this issue to be raised during the confirmation hearing of HUD Secretary-designee Andrew Cuomo.

Many physicians who would have applied to HUD for J waivers are now making their applications to those states with Conrad 20 programs. However, the competition is intense since these states are limited to sponsoring only 20 waivers annually. As of last week, states like Michigan, Florida and Illinois appear to have reached their limit while other states like Ohio have only one or two slots left.

To obtain information as to the availability of waivers in each of the Conrad 20 states, you may wish to contact a state representative from the following list:

http://www.shusterman.com/conrad20.html

7. Physicians II: IMG Web Forum

In the December 1996 issue of SHUSTERMAN'S IMMIGRATION UPDATE, I told you that Dr. Alexander Feoktistov, an enterprising medical resident had established an excellent web site entitled "IMGWeb". It contains valuable information about the IMG Community on the Web, residency programs, publications, medical organizations and links to a number of other related sites.

Dr. Feoktistov requested that I attempt to provide generalized answers to IMGs who require immigration assistance. To date, Dr. Feoktistov and I have fielded over 20 questions about J waivers.

If you are an IMG with a question relating to a J waiver feel free to go to

http://www.shusterman.com/toc-phys.html

and click on "IMG Waiver - Immigration Forum". Please survey the questions that have already been asked and answered. If your question is brief and has not been answered, please feel free to pose a question for me. If your question is complex, call our office at (213) 623-4592, and ask to speak with our resident J-1 waiver expert, Ellie Najfabadi, Esq. Ellie will tell you what you need to know whether it is favorable of not. Of all the J-1 waiver applications that she has processed, she has never lost a single one!

8. My Turn: "America Stands Unique in the World"

On December 16, 1996, the American Immigration Lawyer's Association (AILA) sponsored a seminar for immigration lawyers throughout the Western U.S. Over 350 attorneys from as far as Hawaii and Colorado attended.

I was fortunate enough to be chosen to deliver the keynote speech ("America Stands Unique in the World") before the convention which was held at the lovely Biltmore Hotel in downtown Los Angeles.

My thesis is that immigrants to the U.S. have often faced a hostile reception, but that immigration is what makes America unique in the world, and that much of the greatness of our country can be attributed to our immigrant tradition.

Finally, I conclude by stating various reasons why I believe that the present backlash against immigrants may have crested, and could abate in the near future.

Whether or not you agree with me, please read the text of my speech at

http://www.shusterman.com/history.html

I would appreciate your comments! Thanks.

9. A New and Improved Web Site at INS

Recently, I was one of several attorneys to be invited to a luncheon meeting of the U.S. Commission on Immigration Reform, the commission charged with making recommendations to Congress as to the course of U.S. immigration policy.

The question that we were asked was how the various government agencies dealing with immigrants could accomplish their mission more efficiently.

My response was that if private attorneys could, on fairly meager budgets, design web pages to bring so much information on immigration laws and procedures to the public, why were some of the government agencies lagging behind.

Although my suggestion did not elicit much response, I now understand why. Even as I spoke, INS was in the process of dramatically upgrading their web site. See

http://www.shusterman.com/ins.html

scroll down to "INS Web Site" and take a look for yourself.

When I first linked with INS over one year ago, their site could best be described as philosopher Thomas Hobbes had described the life of man: "poor, nasty, brutish and short". Not any longer. What a difference a year makes!

Now, the home page lists the following seven categories: (1) The Agency, (2) Public Information, (3) Employer Information, (4) Procurement Notices, (5) Federal Government Web Sites, (6) What's New on the INS Site?, and (7) A Site Map. In addition, there is the following hopeful statement at the bottom of the home page "See why we're not finished yet!"

Certain INS forms can now be downloaded and printed rather than ordering the forms by phone at (800)870-3676. Small quantities of forms may be ordered online.

The site allows you to read immigration laws and regulations on-line. You can even read the full immigration law as modified by the new law signed by the President on September 30, 1996, at

http://gopher.usdoj.gov/ins/law/ina_96.zip
(Link is no longer operational. Click on http://uscis.gov/cgi-bin/folioisa.dll/lawbooks.nfo/query%3D%5Bgroup+act+%212D+toc%213A%5D/doc/%7B@1%7D/hits_only? instead.)

There is information for employers and employees, instructions regarding how to submit a request under the Freedom of Information and Privacy Acts, and even a bit of information concerning how to obtain a visa.

My main concern is that some of the information contained on the web site is already outdated. The last press release on the page that I could find was dated in August 1996.

This concern of mine was intensified when I read the last page of the web site. Here, INS stated that "Our goal is make Immigration-related information available as easily and rapidly as possible". A lofty goal, belied by the following note "Last modified 11/17/96".

Still, a huge step forward for INS.

10. Answer to the Immigration Trivia Quiz

The cover of Time Magazine (December 30, 1996 - January 6, 1997) lists "Dr. David Ho - AIDS Researcher". Dr. Ho, a 44-year-old physician is the Director of the Aaron Diamond AIDS Research Center in New York City.

Dr. Ho is using powerful drugs called protease inhibitors in combination with other drugs (an "antiviral cocktail") to treat patients who recently contracted HIV. (Worldwide, an estimated 30 million persons, over 70% of them heterosexual, have been infected with HIV.) Dr. Ho's results have been so successful that the HIV level in his patients' blood has become undetectable and may be eliminated entirely from their bodies. Fifteen years after the epidemic started, Dr. Ho and others like him are finally able to give hope to HIV-infected patients.

Although he is an immigrant, Dr. Ho freely admits that these days "I wouldn't have the vocabulary to give a scientific talk in Chinese". He is a strong believer in the drive to succeed among immigrants: "People get to this new world, and they want to carve out their place in it. The result is dedication and a higher level of work ethic."

To read about the accomplishments of Dr. Ho and other AIDS researchers, many of whom are immigrants, see

http://www.pathfinder.com/time/special/moy/ho/index.html

Carl Shusterman
January 12, 1997

Schedule A Legal Consultation

Return to Back Issues of Shusterman's Immigration Update

Return to Immigration Guide Homepage