Green Card

By Editorial Team , 20 December 2006

VISA BULLETIN summarizing availability of immigrant (green card) numbers during January 2007

The State Department's Visa Bulletin for January 2007 summarizes the availability of immigrant (green card) numbers during January 2007 for citizens of all countries, for immigration purposes.

By Editorial Team , 18 December 2006

2008 Diversity Visa Lottery Registrations

Over 6.4 million entries for the 2008 Diversity Visa Lottery were received during the two-month electronic registration period, from October 4, 2006, through December 3, 2006. This is an increase from the more than 5.5 million applications received in the 2007 Diversity Visa Lottery. Taking into account dependents, there are more than 10 million participants in the 2008 Diversity Visa Lottery.

I am a new attorney of record for a permanent foreign labor certification case. Our firm wishes to notify your office of this...

I am a new attorney of record for a permanent foreign labor certification case. Our firm wishes to notify your office of this change. How do I do this?

According to the Labor Department:

Please send the appropriate Backlog Processing Center a letter stating the requested change and enclose a new signed and dated G-28 with the updated information. A separate G-28 is required for each case for which you want to make a change. Each G-28 must be signed and dated by the employer and/or the alien, depending on which party you represent.

By Editorial Team , 16 December 2006

Chargeability: how to determine which country’s quota you will be counted under for green card purposes.

What chargeability means. Chargeability is the rule that decides which country’s annual allotment of immigrant visas your case is counted against. Most green card categories are capped twice over, once worldwide and again for each individual country, so the chargeability area assigned to you is what determines which queue you stand in and how long that queue is. The governing provisions are 8 U.S.C. § 1152 and the Department of State regulation that implements it, 22 C.F.R. § 42.12.

Do I have to send my request within a specific time period?

According to the Labor Department:

Yes, your request must be e-mailed to the appropriate BEC no later than 30 calendar days after the posting of this announcement on the OFLC website.

The alien has a child who is about to "age-out." What can be done to expedite this application?

According to the Labor Department:

The policy of the U.S. DOL/ETA National Office prohibits the expediting of applications.

Many clients are anxious because we have not received the 45-day letters from the Backlog Processing Centers in connection...

Many clients are anxious because we have not received the 45-day letters from the Backlog Processing Centers in connection with their application. How can we follow up on status of cases and at what point should we worry about not getting a letter?

According to the Labor Department:

How will RIR and TR priority be handled over PERM cases?

According to the Labor Department:

Backlogged cases will be processed in Philadelphia and Dallas. PERM cases will be processed in Chicago and Atlanta.

By Editorial Team , 29 November 2006

DOL issues Guidance regarding the Re-Instatement of certain Backlog Center Cases which were erroneously withdrawn

The Department of Labor (DOL) issued a statement on or about November 15, 2006, providing guidance, regarding how certain cases in the Backlog Centers which were inadvertently withdrawn (as being "re-files due to technical problems) would now be reinstated. The Statement is reproduced below.

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Backlog Centers

Backlog Cases Inadvertently Withdrawn as Re-Files

My case has been "In process" the last few times I checked. Is something wrong? Is my case stuck?

According to the Labor Department:

No. The PDS will return a status of "in process" as a case moves through the various stages of the case review and analysis process at a BEC. Depending on the case type and filing date, some cases may show a status of "in process" for some time as the case moves through the various stages.

Again, depending on the case type and any issues that arise with the case, you may hear from the BEC while your case is in process and to facilitate faster processing, you should respond as quickly and completely as possible.