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ALLEN E KAYE
Continuing the analysis by Charles ("Charlie") Oppenheim, chief of the Visa Control and Reporting Division,
U.S. Department of State, on the March Visa Bulletin.
As with the more rapid advancement of EB- 2 India
and because of the prior dramatic retrogression in this
category, Charlie is trying to move this category back
to the FY 2015 Final Action Date as quickly as possible.
Family-Based Preference Categories. Aggressive forward movement in some family-based preference categories may be seen in April, such as FB- 1 where
demand has been significantly lower than the level required to deplete the available numbers targeted each
month. The significant movement in the March FB- 1
Final Action Date is an attempt to generate more demand. Charlie underscored his predictions for the family-based categories could be somewhat conservative.
Thus, these categories can be expected to advance at
the rate noted in the March Bulletin, if not faster.
QUESTIONS FOR CHARLIE
What can we expect in terms of movement of EB- 3 India
for the coming year?
Per the March Visa Bulletin, we should expect extremely limited forward movement in this category for
the foreseeable future.
What do you mean when you refer to "demand" for im-
migrant visa numbers and how that relates to USCIS re-
ceipt and/or adjudication of adjustment of status
applications in particular categories?
"Demand" refers to activity by individuals who are
seeking immigrant visas and which does/could require
the use of a number, whether filing and pursuing final
action on their cases, or upgrading/downgrading their
preference category. USCIS final adjudication of a case,
regardless of how long that may take, is the result of
USCIS "receipts" aren't a reliable way to gauge de-
mand because there is no consistent way to estimate
when receipt of a case will result in USCIS requiring the
use of a number. When USCIS requests authorization
for a case it has adjudicated, it will either result in the
actual use of a number or that request will be placed in
"pending" demand if the individual's priority date is
not current in accordance with the Final Action Date.
Demand (current and projected) as compared to the
amount of visa numbers that remain available for the
fiscal year determines the Final Action Dates each
month. As Charlie has always said, "visa availability"
projections are based on the best information that is
available at the time the Visa Bulletin is published.
Allen E Kaye, a Phi Beta Kappa graduate of Queens College of the City of New York, Columbia Law School (JD)
and New York University Law School (LLM), is the
President of the Law Offices of Allen E Kaye and Associates and Of Counsel to Pollack, Pollack, Isaac and DeCicco. He is a past National President of the American
Immigration Lawyers Association and Co-Chair of the
Immigration Committee of the Queens County Bar Association. He has been selected by Martindale-Hubbell
as a 2014 “Top Rated Lawyer” in the practice of Labor
and Employment (for Immigration) and the 2017 Edition of The Best Lawyers in America.
Questions for publication may be sent to Kaye at 225
Broadway, Suite 307, New York, NY 10007, or by email
at AllenEKaye5858@gmail.com or email@example.com
by August for EB- 1 China and India
ALLEN E KAYE
The Executive Order (EO) that President Trump signed
on January 25 could, depending on how it is interpreted and implemented, dramatically change how
immigration laws are enforced in the interior of the
United States. The EO is titled “Enhancing Public
Safety in the Interior of the United States.” In general,
immigration enforcement activity that takes place in
the interior of the U.S., away from the border regions,
is known as “interior enforcement.”
The EO calls for major changes to interior enforcement.
Among other things, the EO
1. calls for tripling the number of officers available for
2. drastically expands who the government considers
a priority for deportation,
3. makes it easier to deport immigrants without due
4. threatens to take away critical federal funding from
jurisdictions that have sought to build trust with their
The EO jeopardizes due process and other constitutional protections that all people have regardless of
their immigration status. The EO also encourages the
use of racial profiling by U.S. Immigration and Customs
Enforcement (ICE) and local law enforcement officials.
In other words, this EO has serious negative implications for the well-being and safety of all communities,
immigrant and nonimmigrant alike.
Orders that the number of ICE officers be tripled
The EO directs the secretary of the Department of
Homeland Security (DHS) to hire 10,000 new ICE officers, to the degree that the law and appropriation of
funds by Congress makes this possible. Hiring 10,000
new officers would triple ICE’s current force of about
It is not uncommon for ICE agents to violate people’s
Drastically expands ICE “enforcement priorities”
civil rights, lie to them or otherwise try to deceive
them, and engage in other misconduct when doing im-
migration enforcement work. A tripling of the number
of ICE officers would translate into more ICE officers
on the streets, in jails, and in other places. It would in-
tensify the climate of fear that already has descended
on many immigrant communities, and the number of
abuses committed by ICE officers would increase in
number and severity.
Because the federal government does not have the
resources to deport every person in the U.S. who is undocumented or deportable, it focuses its efforts on
those whom it considers to be “priorities” for enforcement.
During the Obama administration, DHS issued a formal revision of its enforcement priorities on Nov. 20,
2014, in response to widespread criticism over a dramatic increase in the number of deportations. While
still broad, the priorities were intended to focus on
( 1) people with certain criminal convictions (
aggravated felony, felony, significant misdemeanor, or three
or more misdemeanors) and ( 2) people who had entered or reentered the U.S. without permission after
Jan. 1, 2014. Although not always followed, the priorities created narrowed, realistic parameters for ICE’s
Under the new EO, however, the priority categories
are vastly expanded. They are now so numerous and
broad that, in effect, the EO eliminates any notion of
actual prioritization. The new priorities include any removable noncitizen: n Who has a final removal order and who has not left
the U.S. n Who has been “charged with any criminal offense,
where such charge has not been resolved.” This includes people with pending charges, even if the person
has been released and may eventually not face any
charges if they are later dismissed. It’s not clear how
ICE will determine which charges are “resolved.” n Who has “committed acts that constitute a chargeable
criminal offense.” This could include anyone who has
ever done something that could be considered a crime.
(To be continued)
On the Trump Order’s Effect on
Deportations, Sanctuary Cities