Nov. 29, 2011  Tuesday

US Citizenship and Immigration Service (USCIS) just announced its latest accounting of the H-2B cap count and confirmed it has approved 7,885 H-2B petitions and received 621 new H-2B petitions currently in process, as of Nov. 25, 2011, toward the total quota of 33,000 annual numeric cap for the remainder of Fiscal Year (FY) 2012.

This is good news, after the recent announcement of the annual cap being reached in another visa category of H-1B classificiation (and if you wish to read more about H-1B cap count you can click here for our other article titled “H-1B Visa Cap for Fiscal Year 2012 Has Been Reached” ).

This means US employers can continue to file new H-2B petitions to employ more foreign nationals to fill additional temporary non-agricultural jobs in the US. Specifically, 24,494, at least, even if the 621 petitions currently in the process of adjudication are all approved in due course.

What is H-2B Program?

H-2B is a special visa symbol designated for a nonimmigrant alien worker classification of non-agricultural temporary worker program that allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

What is the H-2B Cap?

Similar to H-1B classification, there is a statutory numerical limit, or "cap," on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year. Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 - March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 - September 30).

Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no "carry over" of unused H-2B numbers from one fiscal year to the next.

Who are exempt from the H-2B Cap?

Additionally petitions for the following types of workers are exempt from the H-2B cap:

If you have any questions about this article or H-2B visa classification or you or someone you know might have a question regarding H-2B or any other US immigration related matters, you can email your questions to us directly here to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , so that we can experienced staff attorneys can respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, LLP, Where YOU Matter the Most.

Nov. 25, 2011, Friday

For our immigration clients, this year’s Thanksgiving holiday was ushered in by the official announcement made on Nov. 23, 2011 by the US Citizenship and Immigration Services (USCIS) that it has received more H-1B new petitions than the statutory cap of 65,000 quota authorized by Congress for the fiscal year (FY) 2012.

As a result, USCIS will not accept any new cap-subject H-1B applications as of the announcement and Nov. 22, 2011 would be the final receipt date for new H-1B petitions requesting employment start date in FY 2012.

H-1B is a visa category that is the most frequently used nonimmigrant visa classification by US employers to employ foreign professionals in the specialty occupation that requires typically theoretical or technical expertise in specialized fields such as scientists, engineers, computer programmers, teachers or professors in the United States. This visa classification has an annual quota of 65,000 numeric cap authorized by the Congress. Congress also authorized a separate numeric cap of an additional 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the special “advanced degree” exemption and that additional 20,000 “advanced degree” exemption cap had already been reached on Oct. 19, 2011. As a result, there will be no more new H-1B petitions to be accepted by the USCIS for the rest of the FY 2012.

However, USCIS will continue to accept and process petitions that are otherwise exempt from the cap and most teachers and professors, for example, are exempt from the cap. In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

1. extend the amount of time a current H-1B worker may remain in the U.S.;
2. change the terms of employment for current H-1B workers;
3. allow current H-1B workers to change employers; and
4. allow current H-1B workers to work concurrently in a second H-1B position.

If you have any questions regarding this article or if you or someone you know wishes to know if your H-1B case might be still eligible to file as a “cap exempt” or if you have any other US immigration and deportation related questions, you can send an email directly to us here at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , and our experienced immigration staff attorneys will respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, LLP, Where YOU Matter the Most.

Nov. 18, 2011  Friday

Asia-Pacific Economic Cooperation (APEC), established in 1989, is a forum for 21 Pacific Rim countries ("member economies") that seeks to promote free trade and economic cooperation throughout the Asia-Pacific region.

APEC Business Travel Card is a travel document, in lieu of a visa, issued by a member economy to its business travelers and, valid for three years, the card eliminates the need for its holder to possess a visa when visiting other APEC participating economies as long as pre-clearance has been obtained during the application process.

Two economies are “transitional” members: United States and Canada. Citizens or nationals of these two “transitional” economies cannot apply for the Card at this time, and the appropriate visa is still required in advance for citizens and nationals of other member economies to visit US or Canada, although expedited border crossing and visa-application is offered whenever possible.

That is about to change: Yu, South & Associates gladly reports here that the US Congress has just passed a new legislation titled “Bill Implementing Pre-clearance Program for APEC Business Travel” authorizing the US Department of Homeland Security (DHS) to issue Asia-Pacific Economic Cooperation Business Travel Cards, which would allow qualifying foreign nationals from APEC member countries traveling on business to benefit from pre-clearance for short-term entry at the US participating major airports, WITHOUT the need of a visa!

This would be great news for business people from some of the APEC member economies where obtaining a business tourist visa can sometimes become a real challenge. Generally, under the APEC program, cardholders may enter and exit via designated APEC lanes. The President has yet to sign the bill, and specific details regarding the program's implementation remain unclear.

APEC “member economies” are the following 21 countries and we include the years of their accession for your ready reference:

Australia (1989), Brunei Darussalam (1989), Canada (1989), Chile (1994), China (1991), Chinese Taipei (Taiwan, 1991), Hong Kong (1991), Indonesia (1989), Japan (1989), Republic of Korea (1989), Malaysia (1989), Mexico (1993), New Zealand (1989), Papua New Guinea (1993), Peru (1998), the Philippines (1989), Russia (1998), Singapore (1989), Thailand (1989), United States (1989), and Vietnam (1998).

If you wish to know more about this newly passed bill, you can click here to review the original bill in its entirety.

If you have any questions regarding the bill or business travels between United States and the other APEC member economies, you can send in your questions via email directly here to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and our experienced staff attorneys are standing by to respond to your inquiry personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, PLLC, Where YOU Matter Most.

Yu, South & Associates reminds its clients of the following fast approaching deadline for certain widow(er)s of US citizens if they still wish to seek immigration status without the continued sponsorship of their deceased spouse:

The old law that required the widow(er)s be married to the deceased U.S. citizen for at least two years at the time of death to be eligible to self-petition for immediate relative status was abolished on October 28, 2009. Because the Act removed the words "for at least 2 years" from INA §201(b)(2)(A)(i), widow(er)s of U.S. citizens married any length of time can file an I-360 self-petition for immediate relative status, but must still file within two years of the death.

The new law also provided a transition period for deaths that occurred prior to October 28, 2009, in effect providing the opportunity for any widow(er) married less than two years, at any time in the past, to file an I-360 within two years of the Act's passage.

The deadline, therefore, for a widow(er) whose spouse died any time before October 28, 2009 is October 28, 2011.

This is a critical deadline because if the death occurred more than 2 years ago, such widow(er) would not be able to qualify otherwise if he or she misses the deadline. There are some exceptions to the deadline for those cases considered "pending" at the date of enactment on October 28, 2009.

If you or someone you know might have such a case or wish to know more about I-360 filing or you might have any questions regarding US immigration laws, you can email us directly here to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and our experienced immigration lawyers at Yu, South & Associates will respond to your inquiry personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, Where YOU Matter the Most.

Aug. 3, 2011, 4:50PM

US Homeland Security Department Secretary Napolitano announced on Aug. 2, 2011 “Initiatives to Promote Startup Enterprises and Spur Job Creation” and among those initiative measures, certain intake and review process as previously proposed in May 2011 by USCIS in  “Fundamental Enhancements” to streamline the EB-5 process is now officially further enhanced.

This enhanced transforming intake and review process now includes:

·         extending the availability of premium processing for certain EB-5 applications and petitions;

·         implementing direct lines of communication between the applicants and USCIS;

·         providing applicants with the opportunity for an interview before a USCIS panel of experts to resolve outstanding issues in an application.

USCIS is developing a phased plan to roll out these enhancements and is poised to begin implementing the first of these enhancements within 30 days. This means very soon we will be able to see EB-5 petitions being adjudicated within a matter of 2 to 3 weeks time, under the approved “Premium Processing” procedure.

EB-5 refers to a special immigrant classification under “Employment Based 5^th Preference,” also known as “million dollar green card” by the general immigrant communities and it allows a foreign entrepreneur to invest certain amount of capital in the US that entitles the investor and his/her qualified family members to the permanent residence or “green card,” provided that certain other prerequisite conditions are met. This classification was authorized by a law created by Congress in 1990, and the program stimulates the U.S. economy through capital investment and resulting job creation by immigrant investors. As of June 30, 2011, it is estimated that the program has resulted in more than $1.5 billion in capital investments and created at least 34,000 jobs. Incidentally, most of those investors came from Asian countries, with China and South Korea in particular.

If you have any questions about this posting or you or someone you know might have questions on EB-5 related topics, you can email us directly here to: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it and our experienced staff attorneys will respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, Where YOU Matter the Most.

Aug. 3, 2011, 4:03PM

On July 27, 2011, Judge Orlinda Naranjo of the 345^th District Court in Travis County, Texas, issued a permanent injunction against the Texas Department of Public Safety (“DPS”) and Texas Public Safety Commission (“PSC”).  The order states that DPS and PSC were operating outside the statutory authority provided by the Texas Transportation Code when the agencies instituted new rules which imposed requirements not contained in the Transportation Code on persons lawfully admitted to the US who are seeking Texas driver’s licenses or identification cards.  Specifically, the order permanently enjoins DPS and PSC from:

 1.      Denying an application for a Class C Texas driver’s license (or ID card) based on either:

a.      The length of time the applicant was originally lawfully admitted to the US by federal authorities, or

b.      The time remaining before the applicant’s permission to remain in the US expires.

2.      Issuing Class C Texas driver’s licenses (or ID cards) that are oriented vertically, labeled “Temporary Visitor,” or otherwise not standard in appearance . . . or that are limited in duration to a period less than that specified in the Texas Transportation Code §521.271 to

a.      Refugees and asylees residing in Texas, and

b.      Other lawfully admitted persons residing in Texas.

3.      Requiring lawfully admitted persons residing in Texas and seeking a Class C Texas driver’s license to present immigration documents that the US authorities do not require such person to have.

We applaud the Mexican American Legal Defense and Educational Fund and co-counsel Graves, Doughtery, Hearon & Moody in Austin, Texas, for bringing this suit on behalf of not only the six individuals named in the case, but all lawfully present persons in Texas! 

Although the defendants may appeal the Judge’s order, the permanent injunction will remain in effect unless and until a higher court either issues a temporary stay or vacates the injunction.  We will continue to monitor the situation and will post any updates as we receive any new information.

If you have any questions regarding this article contributed by our staff attorney, Ms. Patricia Conkright, or you or someone you know might have any questions or need assistance in apply for a Texas driver’s license for a noncitizen, you can send your questions to us directly here at: This e-mail address is being protected from spam bots, you need JavaScript enabled to view it , and our experienced immigration lawyers will respond to your inquiries personally and promptly, usually within 24 hours, if not sooner.

Yu, South & Associates, PLLC, where YOU Matter the Most.