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The U.S. Department of State has released the October 2011 Visa Bulletin, which summarizes visa availability. As compared to the September 2011 Visa Bulletin, minimal movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed three months, from April 15 to July 25, 2007.
• EB-3 (skilled workers and professionals): The oversubscription date for nationals of Mexico and the Philippines advanced 16 days, from November 22 to December 8, 2005. A 24-day advance occurred for nationals of China, from July 15 to August 8, 2004. Indian nationals experienced a one-week advance, from July 8 to July 15, 2002.
• EB-3 (other workers): There were no changes concerning Chinese nationals (April 22, 2003); Indian nationals’ oversubscription date advanced one week, from June 1 to June 8, 2002; the oversubscription date for nationals of Mexico and the Philippines advanced several weeks, from August 1 to September 15, 2005. 

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The U.S. Department of State has released the September 2011 Visa Bulletin, which summarizes visa availability. As compared to the June 2011 Visa Bulletin, some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed to April 15, 2007, from October 15, 2006.
• EB-3 (skilled workers and professionals): The most significant development concerned the oversubscription date for Mexican nationals, which advanced almost a full year, from December 22, 2004 to November 22, 2005. Advances of several weeks occurred for nationals of: China, from May 15 to July 15, 2004; the Philippines, from September 15 to November 22, 2005; and India, from April 22 to July 8, 2002.
• EB-3 (other workers): The oversubscription date for nationals of Mexico and the Philippines advanced two years, from November 8, 2003, to November 22, 2005. 

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The U.S. Department of State has released the June 2011 Visa Bulletin, which summarizes visa availability. Some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals progressed to October 15, 2006, from July 1 and August 1, 2006, respectively.
• EB-3 (skilled workers and professionals): The oversubscription date for Mexican nationals advanced 3.5 months, from September 8 to December 22, 2004. A one-month advance occurred for Chinese nationals, from April 15 to May 15, 2004, with a one-week advancement for Indian nationals, from April 15 to 22, 2002, and three weeks’ progression for Philippines nationals, from August 22 to September 15, 2005.
• EB-3 (other workers): The oversubscription date for nationals of Mexico and the Philippines advanced two months, from September 8 to November 8, 2003.

Photo credit: David Pedre Loureiro

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During a special session held this morning, the Senate passed a $600 million spending bill (pdf) that will increase law enforcement presence at the United States’ southwestern border with Mexico and will finance additional aerial drones and construction of two operating bases. The Senate passed an identical bill (S. 3721) on August 5 before adjourning for recess, but for technical reasons the Senate needed to approve the version of the bill approved by the House of Representatives on August 10 before sending it to President Obama for signature.

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The State Department has released the August 2010 Visa Bulletin, which summarizes visa availability. Some movement occurred in the oversubscription date (i.e., the date on which the availability quota was met) for employment-based visa categories, including:

• EB-2 (professionals with advanced degrees or persons of exceptional ability): The oversubscription date for Indian and Chinese nationals changed from October 1, 2005, and November 22, 2005, respectively, to March 1, 2006. As previously discussed, considerable movement concerning the oversubscription date for Indian nationals was reported in the July 2010 Visa Bulletin.
• EB-3 (skilled workers and professionals): The oversubscription date for nationals of the Dominican Republic moved from August 15, 2003, to June 1, 2004. For Indian nationals, the date edged forward slightly from November 22, 2001, to January 1, 2002.
• EB-3 (other workers): The previous oversubscription date of June 1, 2001 progressed to January 1, 2002 for Indian nationals, and to May 15, 2002 for nationals of China, Mexico, and the Philippines.

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Although some contend a comprehensive immigration bill is not probable as midterm elections near, President Obama has urged Republican lawmakers to work with Democrats in passing a law that would create an “orderly, fair, humane immigration framework in which people are able to immigrate to this country in a legal fashion,” reports Reuters. President Obama’s request followed his ordering 1,200 National Guard troops to Arizona’s border with Mexico, which he contends will not alone solve the problem.

The troop deployment was met with mixed reviews. Senator John McCain (R-AZ) contends that a deployment of at least 6,000 troops is necessary. Some view the move as an attempt by the president to show Republicans and centrist Democrats that he is serious about immigration, while certain Latino activists contend that it is merely a political gesture and will only negatively impact their community.

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The Houston Chronicle reports that recent changes to the duration of E-1 and E-2 visas have surprised Mexican nationals and their attorneys. According to those interviewed, as of February 22, 2010, E-1 and E-2 visas being issued to Mexican nationals are for a period of only one year (previously, such visas were issued with duration periods of between three and five years).

Reportedly the reduction occurred because Mexico only grants U.S. citizens one-year work visas, and the fees for these visas increased recently.

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Over the past few years, the number of individuals using “trusted traveler” programs has increased, reports USA Today. These programs offer members the ability to expeditiously clear customs. The membership fee runs from $50 to $122.50 depending on the program, and membership lasts for five years. To qualify, applicants must pass a government-run background check (including fingerprint submission), a process that takes four to six weeks. Individuals with criminal records or who have violated immigration laws are ineligible.

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The Monitor reports that, beginning March 1, 2010, foreign visitors will need a passport to enter Mexico. The requirement will not apply to visitors traveling to one of Mexico’s border cities, e.g., Reynosa or Nuevo Progresso, and who visit only the border area. However, visitors traveling beyond the border area will need to show their passport to immigration officials. For Americans and Canadians traveling beyond border regions, a tourist card will be required (at no cost for a visit of up to seven days, or approximately $20 for a six-month tourist card).

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The Los Angeles Times has reported that President Obama believes immigration reform is unlikely this year and that it must wait until 2010. Although promises of immigration reform during his first year in office were made during the campaign—and high-ranking legislators predicted reform could occur in 2009—current pressing matters, such as economic recovery and healthcare reform, have forced the administration to reprioritize. The delay is upsetting to advocates who suggest that immigration reform will not be as complex and time-consuming as the administration appears to believe.

President Obama made his statement about immigration reform while in Mexico meeting with his NAFTA counterparts, Mexican President Felipe Calderon and Canadian Prime Minister Stephen Harper. Other topics discussed at the meetings were the “Buy American” provisions of the stimulus package and the United States’ restrictions on Mexican truckers.

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Anticipating greater restrictions on H1-B visas, Indian IT firms operating in the United States are considering utilizing NAFTA provisions to avoid staffing shortages. The strategy arose in response to proposed U.S. legislation that would, among other provisions, limit the number of employees on H1-B visas in a company to 50% of its total U.S. workforce. Indian IT firms would be impacted because the majority of their U.S. staff work under H1-B visas. 

As reported by Computerworld, instead of sending Indian professionals to the U.S., they would go to Mexico, and Mexican employees would work in the United States under a TN professional visa, which is easier to obtain than the H1-B. No limit applies to TN visas; they are valid for three years, and they are renewable.

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As of July 14, 2009, Czech and Mexican nationals must possess a Temporary Resident Visa to visit Canada.

Over the past four years Canada has seen a large increase in refugee claims filed by nationals of both countries. Since 2005, Mexican nationals have accounted for 25% of all claims filed in Canada. The second largest group is Czech nationals who have filed over 3,000 claims since October 2007, a sharp increase compared to less than 5 in 2006.

Citizenship and Immigration Canada has experienced significant cost increases, processing delays, and has instituted the visa restrictions for Mexican and Czech nationals because it believes the volume of claims submitted undermines its ability to help individuals fleeing real persecution.

Now, in order to visit Canada, Mexican and Czech nationals must demonstrate to immigration officials that:

• Their visit to Canada is temporary
• They will not overstay their visa
• They have enough money to cover their stay
• They are in good health
• They do not have a criminal record, and
• They are not a security risk

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Current global migration patterns indicate that, due to rising unemployment rates and contracting economies in developed countries, fewer workers are migrating from poor to wealthier nations, and the flow of migrant workers returning to their home countries is increasing. As reported in The Wall Street Journal,  this is potentially the biggest reversal in migration flows since the Great Depression.

Statistics illustrating the reversal include:

• Emigration from Mexico to the U.S. dropped 13% in the first quarter of 2009 compared to the first quarter of 2008. In the same period, more people returned to Mexico than left Mexico for the U.S., about 139,000 and 137,000, respectively.
• In 2009, a projected 60,000 or more Indonesia citizens will return home from Malaysia, South Korea and other wealthy neighboring nations, as immigrant workers lose their jobs.
• Tens of thousands of Indians are returning from Dubai as jobs there dwindle and work permits expire.
• In the United Kingdom, the number of registered workers coming from new European Union member nations like Poland and the Czech Republic dropped 55% in the first quarter of 2009 compared to the same quarter a year earlier.

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The global economic crisis has triggered calls in some U.S. policy circles to tighten immigration rules in order to safeguard scarce jobs for American citizens. Yet despite difficult economic conditions, lawmakers should be considering immigration policy revisions based on the country's eventual economic revival, says former Department of Homeland Security (DHS) Secretary Michael Chertoff. In this interview, Chertoff discusses the future of immigration policy, and offers his advice that the U.S. increase communication efforts with the Mexican government to coordinate the legal flow of migrant workers to the United States.

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President Obama's immigration agenda has been posted on the official White House website.  The broad agenda is composed of the following items:

Create Secure Borders: Protect the integrity of our borders. Support additional personnel, infrastructure and technology on the border and at our ports of entry.

Improve Our Immigration System: Fix the dysfunctional immigration bureaucracy and increase the number of legal immigrants to keep families together and meet the demand for jobs that employers cannot fill.

Remove Incentives to Enter Illegally: Remove incentives to enter the country illegally by cracking down on employers who hire undocumented immigrants.

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