Kids' Times

Immigration Updates

CUT-OFF DATES FOR JANUARY 2008 The following information is provided by the Visa Office regarding the cut-off dates for the month of January 2008.
FAMILY PREFERENCES F1-Family first preference: Unmarried sons and daughters over the age of 21 years of U.S.
Citizens. The cut-off date has moved forward by three (3) weeks for most of the countries, including India to February 1, 2002.
F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of permanent residents. The cut-off date has moved forward by five (5) weeks for most countries including India to February 22, 2003.
F2B- Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by five (5) weeks for most of the countries including India to November 22, 1998.
F3-Family third preference: Married sons and daughters of U.S. Citizens and their spouses and children. The cut-off date has moved forward by one (1) month for most of the countries including India to May 8, 2000.
F4-Family fourth preference: Brothers and sisters of U.S. Citizens. The cut-off date has moved forward by two (2) weeks for most of the countries to July 8, 1997, and for India it has moved forward by one (1) month to September 15, 1996.
EMPLOYMENT PREFERENCES EB1 - Priority Workers: The cut-off date for this category for all countries including India is CURRENT.
EB2 - Advanced Degree holders: The cut-off date for this category for most countries is CURRENT and for India has retrogressed by two (2) years to January 1, 2000.
EB3 - Professional & Skilled Workers: The cut-off date for this category for most countries has moved forward by six (6) weeks to October 15, 2002, and for India it has not moved at all and remains May 1, 2001.
EB3 - Other Workers: The cut-off date for this category for all countries including India has not moved at all and remains October 1, 2001.
EB4 (Certain Special Immigrants including Religious Workers) & EB5 (Investment Visas) categories for all countries including India is CURRENT.
India Employment Second Preference (EB2) Cutoff Date Retrogression for January: Department of State has found it necessary to once again retrogress the India Employment Second preference cut-off date. This is a direct result of continued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogression which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the category would become "unavailable" for the remainder of fiscal year 2008.
Results of DV-2008 Visa Lottery The Kentucky Consular Center in Williamsburg Kentucky has registered and notified the winners of the DV-2008 diversity lottery. The diversity lottery was conducted under the same terms of §203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immigration to the United States. Approximately 96,000 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV2008 numbers will be used during fiscal year 2008 (October 1, 2007 until September 30, 2008).
Applicants registered for the DV-2008 program were selected at random from over 6.4 million qualified entries received during the 60 day application period that ran from 12 AM on October 4, 2006 until midnight, December 3, 2006. The visas have been apportioned among six (6) geographic regions with a maximum of seven percent (7%) available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two (2) years of work experience in an occupation that requires at least two (2) years of training or experience within the past five (5) years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested.
Registrants living legally in the United States, who wish to apply for adjustment of their status must contact the U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2008 will end. Selected applicants who do not receive visas by September 30, 2008 will derive no further benefit from their DV-2008 registration. Similarly, spouses and children accompanying or following-to-join DV-2008 principal applicants are only entitled to derivative diversity visa status until September 30, 2008.
* The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annuallyallocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV2000.
We are providing herewith the number of persons that were selected from a few countries for the DV2008: AFGANISTAN - 57; BANGLADESH - 5,983; SINGAPORE - 70; KUWAIT - 46; NEPAL 2,562; GUYANA - 24; SURINAME - 3; TRINIDAD & TOBAGO - 82.
DHS Begins Collecting 10 Fingerprints From International Visitors At Washington Dulles International Airport The U.S. Department of Homeland Security (DHS) is now collecting additional fingerprints from international visitors arriving at Washington Dulles International Airport (Dulles). The change is part of the department's upgrade from two- to 10fingerprint collection in order to enhance security and fingerprint matching accuracy.
"Anyone who's watched the news or seen crimes solved on television shows can appreciate the power of biometrics," said Homeland Security Secretary Michael Chertoff. "They help the legitimate traveler proceed more quickly while protecting their identity and enable our frontline personnel to focus even greater attention on potential security risks.
Biometrics tell the story that the unknown terrorist tries to conceal, and it causes them to question whether they've ever left a print behind." Department of State (DOS) consular officers and DHS Customs and Border Protection (CBP) officers collect biometrics-digital fingerprints and a photograph-from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at U.S. ports of entry. The department's US-VISIT program checks this data against a joint Federal Bureau of Investigation (FBI)-DHS watch list of criminals, immigration violators and known or suspected terrorists. Watch list data comes from several sources, in particular the Department of Defense (DOD), FBI, DHS and other federal, state and local law enforcement agencies.
Dulles became the first port of entry to collect additional fingerprints from visitors on November 29.
Nine other ports of entry will begin 10-fingerprint collection during the next few months, and the 278 remaining ports will begin this process by the end of 2008.
The next ports scheduled to collect 10 fingerprints from international visitors are: Hartsfield-Jackson Atlanta International Airport; Boston Logan International Airport; Chicago O'Hare International Airport; San Francisco International Airport; George Bush Houston Intercontinental Airport; Miami International Airport; Detroit Metropolitan Wayne County Airport; Orlando International Airport; and New York's John F.
Kennedy International Airport.
US-VISIT, in cooperation with CBP, is leading the transition to a 10-fingerprint collection standard.
Since USVISIT began in 2004, DHS has used biometric identifiers to prevent the use of fraudulent documents, protect visitors from identity theft, and stop thousands of criminals and immigration violators from entering the country.
CUT-OFF DATES FOR JANUARY 2008 The following information is provided by the Visa Office regarding the cut-off dates for the month of January 2008. FAMILY PREFERENCES F1-Family first preference: Unmarried sons and daughters over the age of 21 years of U.S. Citizens. The cut-off date has moved forward by three (3) weeks for most of the countries, including India to February 1, 2002. F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of per- manent residents. The cut-off date has moved for- ward by five (5) weeks for most countries including India to February 22, 2003. F2B- Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by five (5) weeks for most of the countries including India to November 22, 1998. F3-Family third preference: Married sons and daughters of U.S. Citizens and their spouses and children. The cut-off date has moved forward by one (1) month for most of the countries including India to May 8, 2000. F4-Family fourth preference: Brothers and sisters of U.S. Citizens. The cut-off date has moved forward by two (2) weeks for most of the countries to July 8, 1997, and for India it has moved forward by one (1) month to September 15, 1996. EMPLOYMENT PREFERENCES EB1 - Priority Workers: The cut-off date for this cat- egory for all countries including India is CUR- RENT. EB2 - Advanced Degree holders: The cut-off date for this category for most countries is CURRENT and for India has retrogressed by two (2) years to January 1, 2000. EB3 - Professional & Skilled Workers: The cut-off date for this category for most countries has moved forward by six (6) weeks to October 15, 2002, and for India it has not moved at all and remains May 1, 2001. EB3 - Other Workers: The cut-off date for this cat- egory for all countries including India has not moved at all and remains October 1, 2001. EB4 (Certain Special Immigrants including Religious Workers) & EB5 (Investment Visas) cate- gories for all countries including India is CUR- RENT. India Employment Second Preference (EB2) Cut- off Date Retrogression for January: Department of State has found it necessary to once again retrogress the India Employment Second pref- erence cut-off date. This is a direct result of contin- ued heavy applicant demand for numbers by CIS for adjustment of status cases despite the retrogres- sion which occurred for December. It is likely that the annual limit for this category will be reached within the next few months, at which time the cat- egory would become "unavailable" for the remain- der of fiscal year 2008. Results of DV-2008 Visa Lottery The Kentucky Consular Center in Williamsburg Kentucky has registered and notified the winners of the DV-2008 diversity lottery. The diversity lottery was conducted under the same terms of §203(c) of the Immigration and Nationality Act and makes available *50,000 permanent resident visas annually to persons from countries with low rates of immi- gration to the United States. Approximately 96,000 applicants have been registered and notified and may now make an application for an immigrant visa. Since it is likely that some of the first *50,000 persons registered will not pursue their cases to visa issuance, this larger figure should insure that all DV- 2008 numbers will be used during fiscal year 2008 (October 1, 2007 until September 30, 2008). Applicants registered for the DV-2008 program were selected at random from over 6.4 million qual- ified entries received during the 60 day application period that ran from 12 AM on October 4, 2006 until midnight, December 3, 2006. The visas have been apportioned among six (6) geographic regions with a maximum of seven percent (7%) available to persons born in any single country. During the visa interview, principal applicants must provide proof of a high school education or its equivalent, or show two (2) years of work experience in an occupation that requires at least two (2) years of training or experience within the past five (5) years. Those selected will need to act on their immigrant visa applications quickly. Applicants should follow the instructions in their notification letter and must fully complete the information requested. Registrants living legally in the United States, who wish to apply for adjustment of their status must contact the U.S. Citizenship and Immigration Services for information on the requirements and procedures. Once the total *50,000 visa numbers have been used, the program for fiscal year 2008 will end. Selected applicants who do not receive visas by September 30, 2008 will derive no further benefit from their DV-2008 registration. Similarly, spouses and children accompanying or following-to-join DV-2008 principal applicants are only entitled to derivative diversity visa status until September 30, 2008. * The Nicaraguan and Central American Relief Act (NACARA) passed by Congress in November 1997 stipulated that up to 5,000 of the 55,000 annually- allocated diversity visas be made available for use under the NACARA program. The reduction of the limit of available visas to 50,000 began with DV- 2000. We are providing herewith the number of persons that were selected from a few countries for the DV- 2008: AFGANISTAN - 57; BANGLADESH - 5,983; SINGAPORE - 70; KUWAIT - 46; NEPAL - 2,562; GUYANA - 24; SURINAME - 3; TRINIDAD & TOBAGO - 82. DHS Begins Collecting 10 Fingerprints From International Visitors At Washington Dulles International Airport The U.S. Department of Homeland Security (DHS) is now collecting additional fingerprints from international visitors arriving at Washington Dulles International Airport (Dulles). The change is part of the department's upgrade from two- to 10- fingerprint collection in order to enhance security and fingerprint matching accuracy. "Anyone who's watched the news or seen crimes solved on television shows can appreciate the power of biometrics," said Homeland Security Secretary Michael Chertoff. "They help the legitimate travel- er proceed more quickly while protecting their iden- tity and enable our frontline personnel to focus even greater attention on potential security risks. Biometrics tell the story that the unknown terrorist tries to conceal, and it causes them to question whether they've ever left a print behind." Department of State (DOS) consular officers and DHS Customs and Border Protection (CBP) offi- cers collect biometrics-digital fingerprints and a photograph-from all non-U.S. citizens between the ages of 14 and 79, with some exceptions, when they apply for visas or arrive at U.S. ports of entry. The department's US-VISIT program checks this data against a joint Federal Bureau of Investigation (FBI)-DHS watch list of criminals, immigration violators and known or suspected terrorists. Watch list data comes from several sources, in particular the Department of Defense (DOD), FBI, DHS and other federal, state and local law enforcement agen- cies. Dulles became the first port of entry to collect addi- tional fingerprints from visitors on November 29. Nine other ports of entry will begin 10-fingerprint collection during the next few months, and the 278 remaining ports will begin this process by the end of 2008. The next ports scheduled to collect 10 fingerprints from international visitors are: Hartsfield-Jackson Atlanta International Airport; Boston Logan International Airport; Chicago O'Hare International Airport; San Francisco International Airport; George Bush Houston Intercontinental Airport; Miami International Airport; Detroit Metropolitan Wayne County Airport; Orlando International Airport; and New York's John F. Kennedy International Airport. US-VISIT, in cooperation with CBP, is leading the transition to a 10-fingerprint collection standard. Since USVISIT began in 2004, DHS has used bio- metric identifiers to prevent the use of fraudulent documents, protect visitors from identity theft, and stop thousands of criminals and immigration viola- tors from entering the country.
Michael Phulwani is a prominent attorney admitted to practice law in New York, New Jersey and India. He practices immi- gration and nationality law and visa matters in the USA and abroad. He is a frequent lecturer on immigration law and co-hosts several TV and radio programs on immigration and legislation and answer questions from our readers. All questions should be forwarded to Michael Phulwani, 74-09 37th Avenue, Suite 315, Jackson Heights, NY 11372
Published in: News India-Times Dec. 21st 2007

MANOJ VYAS - Artist from New York

MANOJ VYASBorn in India in 1956, Manoj Vyas began painting at the age of 8 when he amazed his father with his first mixed medium painting that he created out of whole rice. His father gave him paper and pencil encouraging him to draw on paper. But Manoj’s drawing found other mediums also. Many times he painted with coal and brick on the walls of the neighbors’ houses in his block and school rooms, and got scolded and spanked by them.He began participating in all drawing and painting competitions at his school and soon won a Drawing and Rangoli competition. He also sketched all his classmates’ portraits at school. His first recognition came when he won the Second Prize from Gujarat state in statewide competition. To continue his passion for painting, he joined the SSG School of Arts first, and then the famous Sir J.J. School of Arts in Bombay from where he got his Art degree.His first job was with Bombay’s prestigious daily newspaper Indian Express as a sketch and layout artist. His struggle continued even when he immigrated to the U.S. in 1985. But even here, his first job took him to the then prestigious and famous India Abroad newspapers where he worked 7 days a week. Unable to travel to participate in painting competitions and shows due to family obligations, he turned his profession into his hobby.Manoj has now started traveling to Europe in the last 5 years and has visited art galleries and museums at United Kingdom, Barcelona and other cities in Spain, and Rome and other areas in Italy. Painting still remains his passion and he now devotes more time to it, sometimes even waking up from sleep to quickly sketch ideas on canvas. He draws inspiration for painting from legends, folk tales and real life.The mediums for the little boy who used walls and coal have changed to canvas. Manoj has made a successful transition from his Indian background to his current American home. Today his canvas is large, covering real life portraits, religious paintings, and even Nudes as and when required by clients. And his mediums range from water colors and acrylics to oil and wax colors. His work depicts the conflicts between the spiritual and the material world, and conflicts between family obligations and the call of his heart, his art. Drawn from life, his work also represents his fears, hopes, pleasures and pains.Home Phone: 718 899 2648Cell: 917 617 0091Manoj Vyas37-30 73rd Street Apt #2JJackson Heights, NY 11371

Immigration - USCIS Revises Employment Eligibility Verification Form I-9

On November 7, 2007, U.S. Citizenship and Immigration Services (USCIS) announced that a revised Employment Eligibility Verification Form (I-9) is now available for use. All employers are required to complete a Form I-9 for each employee hired in the United States.
The revision seeks to achieve full compli ance with the document reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), which reduced the number of documents employers may accept from newly hired employees during the employment eligibility verification process. The revised Form I-9 is a further step in USCIS' ongoing work toward reducing the number of documents used to confirm identity and work eligibility.
Key to the revision is the removal of five documents for proof of both identity and employment eligibility. They include: Certificate of U.S. Citizenship (Form N-560 or N-570); Certificate of Naturalization (Form N-550 or N-570); Alien Registration Receipt Card (Form I-151); the unexpired Reentry Permit (Form I-327); and the unexpired Refugee Travel Document (Form I-571). The forms were removed because they lack sufficient features to help deter counterfeiting, tampering, and fraud.
Additionally, the most recent version of the Employment Authorization Document (Form I766) was added to List A of the List of Acceptable Documents on the revised form. The revised list now includes: a U.S. passport (unexpired or expired); a Permanent Resident Card (Form I-551); an unexpired foreign passport with a temporary I551 stamp; an unexpired Employment Authorization Document that contains a photograph (Form I-766, I-688, I-688A, or I-688B); and an unexpired foreign passport with an unexpired Arrival-Departure Record (Form I-94) for nonimmigrant aliens authorized to work for a specific employer.
As of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. However, DHS will publish a Notice in the Federal Register that provides employers with a 30-day period, beginning on date of publication of the Notice, to transition to the new Form I-9. The revision date of the Form I-9 is printed on the lower right corner of the form and states "(Rev. 06/05/07)N". Both the revised form and the "Handbook for Employers, Instructions for Completing the Form I-9" are available online at www.uscis.gov.
Questions and Answers: Q: Where can I get the new Form I-9 (Rev.
06/05/07)N and the Employer Handbook (M274)? A: Both Form I-9 and the Employer Handbook are available as downloadable PDFs at www.uscis.gov.
Employers without computer access can order USCIS forms by calling our toll-free number at 1800-870-3676. Individuals can also request USCIS forms and information on immigration laws, regulations, and procedures by calling the National Customer Service Center toll-free at 1-800-3755283.
Q: What is the difference between the revised Form I-9 and the old one? A: Five documents have been removed from List A of the List of Acceptable Documents: a. Certificate of U.S. Citizenship (Form N-560 or N-561) b. Certificate of Naturalization (Form N-550 or N570) c. Alien Registration Receipt Card (I-151) d. Unexpired Reentry Permit (Form I-327) e. Unexpired Refugee Travel Document (Form I571) One document was added to List A of the List of Acceptable Documents:
nexpired Employment Authorization U Document (I-766) All the Employment Authorization Documents with photographs that are in circulation are now included as one item on List A: I-688, I-688A, I-688B, I-766 Instructions regarding Section 1 of Form I-9 now indicate that the employee is not obliged to provide the Social Security Number in Section 1 of Form I-9, unless he or she is employed by an employer who participates in E-Verify. The section on Photocopying and Retaining Form I-9 now includes information about electronically signing and retaining I-9 forms.
Q: Can I accept documents that used to be on the Form I-9 but aren't now? A: No. Employers may only accept documents listed on the List of Acceptable Documents on Form I9. When re-verifying employees, employers should ensure that they use the new Form I-9 with its updated list of acceptable documents.
Q: Are there any changes in the way the new Form I-9 is completed? A: No. The updated form should be completed exactly the same way as the old one was. The only difference is the types of documents that employers may accept in Section 2.
Q: Is the Form I-9 available in different languages? A: The Form I-9 is available in English and Spanish.
However, only employers in Puerto Rico may have employees complete the Spanish version for their records. Employers in the 50 states and other U.S.
territories may use the Spanish version as a translation guide for Spanish-speaking employees, but must complete the English version and kept it in the employer's records. Employees may also use or ask for a translator/preparer to assist them in completing the form.
Q: Are employers in Puerto Rico required to use the Spanish version of Form I-9? A: No. Employers in Puerto Rico may use either the Spanish or the English version of the new Form I-9 to verify employees. Employers in Puerto Rico may not use the expired 1988 Spanish or English edition of Form I-9.
Q: What versions of Form I-9 are valid for use? A: As of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the form that is valid for use. The revision date is printed on the lower right corner of the form and states "(Rev. 06/05/07)N". All previous versions of Form I-9, in English or Spanish, are no longer valid.
The 1988 version of Form I-9 in Spanish expired in 1991.
Q: When should employers begin using the version of Form I-9 marked with a revision date of "(Rev. 06/05/07)N"? A: Employers must use the amended Form I-9 (Rev.
06/05/07)N for all individuals hired on or after November 7, 2007. However, DHS recognizes that employers should be afforded a period of time to transition to the amended Form I-9. DHS will publish a Notice in the Federal Register announcing that it will not seek penalties against an employer for using a previous version of the Form I-9 during a 30 day transition period that begins on date of publication of the Notice. After the transition period, employers who fail to use Form I-9 (Rev.
06/05/07)N may be subject to all applicable penalties under section 274A of the INA, 8 U.S.C.
1324a, as enforced by U.S. Immigration and Customs Enforcement (ICE).
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Michael Phulwani is a prominent attorney admitted to practice law in New York, New Jersey and India. He practices immi- gration and nationality law and visa matters in the USA and abroad. He is a frequent lecturer on immigration law and co-hosts several TV and radio programs on immigration and legislation and answer questions from our readers. All questions should be forwarded to Michael Phulwani, 74-09 37th Avenue, Suite 315, Jackson Heights, NY 11372
Published in: News India-Times Dated: 11/30/2007

Education - India sends highest number of students to U.S., study says

India is the leading place of origin for international students in the U.S. with 83,833 in 2006/07, an increase of 10 percent from the previous year, according to the Institute for International Education's latest report, Open Doors 2007. This is the sixth consecutive year that India has sent the most students to the United States, the report points out.
International students contribute approximately $14.5 billion to the U.S. economy, through their expenditure on tuition and living expenses, the report noted. And 61.5 percent of all international students receive the majority of their funds from personal and family sources. A total of 66 percent of all international students' primary funding comes from sources outside of the United States.
Total foreign student enrollment in this country increased by three percent to a total of 582,984 in 2006/2007. New enrollment jumped by 10 percent. The top six countries of origin are India, followed by China (67,723 up 8 percent) Korea (62,392, up 6 percent), Japan (35,282, down 9 percent), Taiwan (29,094, up 4 percent) and Canada (28,280, up less than 1 percent). Business remains the leading field of enrollment for international students, with 18 percent percent of the total, followed closely by Engineering with 15 percent. The field which experienced the largest increase in enrollments was Intensive English, up 30 percent from the prior year.
The Institute of International Education (IIE) notes, "This is the first significant increase in total international student enrollments since 2001/02." Open Doors reports an even higher increase in the number of new international students, those enrolled for the first time at a college or university in fall 2006, which rose 10 percent from the previous year.
A report from the State Department's Bureau of Consular Affairs showed the number of student and exchange visas issued in FY 2007 rose 10.2 percent compared to the same period last year, reinforcing the IIE study findings. Depart ment of Commerce data describe U.S higher education as the country's fifth largest service sector export, as these students bring money into the national economy and provide revenue to their host states for living expenses, including room/board, books and supplies, transportation, health insurance, support for accompanying family members, and other miscellaneous items.
"The increase in enrollments we see in this year's Open Doors statistics reflects the dynamism, diversity and excellence of U.S. higher education institutions in a competitive international environment, and demonstrates the commitment of the U.S. government and U.S.
higher education leaders to welcoming international students," said Under Secretary of State for Public Diplomacy and Public Affairs Karen Hughes. Increases in international student enrollments were reported in nearly every state in 2006/07, according to the report. Colleges and universities in California enrolled the largest number with 77,987, up 3.5 percent, followed by New York with 65,884, up 2.5 percent and Texas with 49,081, up 5 percent. The New York City metropolitan area was the leading destination for international students, with 51,973 enrolled in area schools. The Los Angeles metropolitan area ranked second with 35,870 international students. Immediately following 9/11, foreign student enrollment had seen drops as visa and other regulations hampered easy entry for students enrolling in U.S. academic institutions.
The report notes that the State Department along with the Education Department, sponsored a slew of high level visits to South Asia, East Asia and South America which may have contributed to this. According to Allan E. Goodman, President and CEO of the Institute of International Education, "Vigorous efforts at the national, state and campus levels have combined to produce this rebounding of international student enrollments." Asia remains the largest sending region, accounting for 59 percent of total U.S. international enrollments, and increasing by 5 percent this year.
Enrollments from Pakistan and Bangladesh declined, the report found. At the same time, there is the 28 percent increase in enrollments from Nepal (13th, with 7,754), following a 25 percent increase during the previous year.
Notably, enrollments from the Middle East increased by 25 percent in 2006/07, according to Open Doors. The highest increase was in the number of students from Saudi Arabia.
The sharpest decline was from Japan, down 9 percent to 35,282. Indonesia, 15th, was down 3 percent to 7,338 and Kenya 19th, declined 3 percent to 6,349. Kenya was the only African country in the top 20 this past year, with Nigeria dropping out.
For the sixth consecutive year, the University of Southern California enrolled the largest number of international students, with a record 7,115. Columbia University remains in second place with 5,937, and New York University moved up to third place this year with 5,827 international students. Others in the top five institutions are University of Illinois at UrbanaChampaign, 4th, and Purdue University 5th.
Colleges and universities new to the top ten host institution list this year are University of California, Los Angeles 8th, and Harvard 9th. Some new universities entered the top- 20 slot - Arizona State-Tempe 14th, and Michigan State 16th, University of Wisconsin-Madison 19th, and Stanford University 20th.
Some 156 U.S. campuses each hosted more than 1,000 students.
I ndia is the leading place of origin for interna- tional students in the U.S. with 83,833 in 2006/07, an increase of 10 percent from the pre- vious year, according to the Institute for Interna- tional Education's latest report, Open Doors 2007. This is the sixth consecutive year that India has sent the most students to the United States, the report points out. International students contribute approxi- mately $14.5 billion to the U.S. economy, through their expenditure on tuition and living expenses, the report noted. And 61.5 percent of all international students receive the majority of their funds from personal and family sources. A total of 66 percent of all international students' primary funding comes from sources outside of the United States. Total foreign student enrollment in this coun- try increased by three percent to a total of 582,984 in 2006/2007. New enrollment jumped by 10 percent. The top six countries of origin are India, followed by China (67,723 up 8 percent) Korea (62,392, up 6 percent), Japan (35,282, down 9 percent), Taiwan (29,094, up 4 percent) and Canada (28,280, up less than 1 per- cent). Business remains the leading field of enrollment for international students, with 18 percent percent of the total, followed closely by Engineering with 15 percent. The field which experienced the largest increase in enrollments was Intensive English, up 30 percent from the prior year. The Institute of International Education (IIE) notes, "This is the first significant increase in total international student enrollments since 2001/02." Open Doors reports an even higher increase in the number of new international stu- dents, those enrolled for the first time at a college or university in fall 2006, which rose 10 percent from the previous year. A report from the State Department's Bureau of Consular Affairs showed the number of stu- dent and exchange visas issued in FY 2007 rose 10.2 percent compared to the same period last year, reinforcing the IIE study findings. Depart- ment of Commerce data describe U.S higher education as the country's fifth largest service sec- tor export, as these students bring money into the national economy and provide revenue to their host states for living expenses, including room/board, books and supplies, transportation, health insurance, support for accompanying family members, and other miscellaneous items. "The increase in enrollments we see in this year's Open Doors statistics reflects the dynamism, diversity and excellence of U.S. high- er education institutions in a competitive inter- national environment, and demonstrates the commitment of the U.S. government and U.S. higher education leaders to welcoming interna- tional students," said Under Secretary of State for Public Diplomacy and Public Affairs Karen Hughes. Increases in international student enrollments were reported in nearly every state in 2006/07, according to the report. Colleges and universities in California enrolled the largest number with 77,987, up 3.5 percent, followed by New York with 65,884, up 2.5 percent and Texas with 49,081, up 5 percent. The New York City metropolitan area was the leading destina- tion for international students, with 51,973 enrolled in area schools. The Los Angeles metro- politan area ranked second with 35,870 interna- tional students. Immediately following 9/11, for- eign student enrollment had seen drops as visa and other regulations hampered easy entry for students enrolling in U.S. academic institutions. The report notes that the State Department along with the Education Department, spon- sored a slew of high level visits to South Asia, East Asia and South America which may have con- tributed to this. According to Allan E. Good- man, President and CEO of the Institute of International Education, "Vigorous efforts at the national, state and campus levels have combined to produce this rebounding of international stu- dent enrollments." Asia remains the largest send- ing region, accounting for 59 percent of total U.S. international enrollments, and increasing by 5 percent this year. Enrollments from Pakistan and Bangladesh declined, the report found. At the same time, there is the 28 percent increase in enrollments from Nepal (13th, with 7,754), following a 25 percent increase during the previous year. Notably, enrollments from the Middle East increased by 25 percent in 2006/07, according to Open Doors. The highest increase was in the number of students from Saudi Arabia. The sharpest decline was from Japan, down 9 percent to 35,282. Indonesia, 15th, was down 3 percent to 7,338 and Kenya 19th, declined 3 per- cent to 6,349. Kenya was the only African coun- try in the top 20 this past year, with Nigeria drop- ping out. For the sixth consecutive year, the University of Southern California enrolled the largest num- ber of international students, with a record 7,115. Columbia University remains in second place with 5,937, and New York University moved up to third place this year with 5,827 international students. Others in the top five institutions are University of Illinois at Urbana- Champaign, 4th, and Purdue University 5th. Colleges and universities new to the top ten host institution list this year are University of Califor- nia, Los Angeles 8th, and Harvard 9th. Some new universities entered the top- 20 slot - Ari- zona State-Tempe 14th, and Michigan State 16th, University of Wisconsin-Madison 19th, and Stanford University 20th. Some 156 U.S. campuses each hosted more than 1,000 students.
By Ela Dutt
Published in News India-Times Dated: 11/23/2007

New release - Brick Lane's ‘far from easy ride' from page to screen

The makers of a new film set in London's Bangladeshi community that infuriated community leaders and sparked heated debate about freedom of speech said the protests were unjustified and exaggerated by the media.
‘Brick Lane', based on a novel by Monica Ali, appears in cinemas on Nov. 16, ending what the author called a "far from easy ride" on the journey from page to screen.
Cast and crew were forced to abandon shooting in Brick Lane after a small number of Bangladeshis living in the area complained, saying the book made them look simple and ignorant.
Concerned about a violent backlash, and acting on the advice of police, the film's backers moved to another area, although ‘Brick Lane' did return to the street in East London later on.
"It did make me angry, because we live in India and we always hail England as a country which allows freedom of expression," Tannishtha Chatterjee, the Indian actress who plays central character Nazneen, told Reuters in a recent interview.
Nazneen enters an arranged marriage and leaves her native Bangladesh for London and a new life with Chanu. After the attacks in the United States on Sept. 11, 2001, tensions between Muslim immigrant families and locals grow.
"This is a country which stood by someone like Salman Rushdie when there was a fatwa against him," Chatterjee said, referring to a 1989 death warrant from Iran's supreme religious leader after ‘The Satanic Verses' was deemed blasphemous.
"You have a right to protest (against) an expression, but we have a right to express that, so where is this right? That's what made me angry."
News of the protests and subsequent relocation were pounced on by commentators who condoned or condemned the protesters' actions, including Rushdie himself, who labeled author Germaine Greer's defense of the them as "disgraceful".
Ali accused the media of exaggerating the level of opposition among Bangladeshis and the level of threat posed, pointing out that opposition quickly petered out.
But her main concern was what she called "a marketplace of outrage", where no one dared argue with an offended minority, however small, meaning rational argument and debate was stifled.
"If offense is felt, the artist has no recourse," she said in a recent essay.
She added that the government had "shamefully" remained silent after both the ‘Brick Lane' incident and in 2004, when a play featuring sexual abuse within a Sikh temple was scrapped after a violent protest by Sikhs in Birmingham.
‘Brick Lane' director Sarah Gavron pointed out that cooperation among Bangladeshis in the Brick Lane area far outweighed the number of protesters.
"Obviously as a creative person I absolutely believe in freedom of expression," she told Reuters. "Debate is all well and good, but ... an implicitly violent agenda is not acceptable.
"We didn't back down, we just re-scheduled and came back and filmed later when those protests had died down."
Early reaction to ‘Brick Lane' has been mixed. While it won plaudits at a French film festival, some critics have accused Gavron of watering down the novel.
"You feel the book's guts have been lost, partly for budgetary reasons, partly out of an anxiety not to offend Britain's Bangladeshi community," the Telegraph newspaper wrote.
T he makers of a new film set in London's Bangladeshi community that infuriated community leaders and sparked heated debate about freedom of speech said the protests were unjustified and exaggerated by the media. ‘Brick Lane', based on a novel by Monica Ali, appears in cinemas on Nov. 16, ending what the author called a "far from easy ride" on the jour- ney from page to screen. Cast and crew were forced to abandon shooting in Brick Lane after a small number of Bangladeshis living in the area complained, saying the book made them look simple and ignorant. Concerned about a violent backlash, and act- ing on the advice of police, the film's backers moved to another area, although ‘Brick Lane' did return to the street in East London later on. "It did make me angry, because we live in India and we always hail England as a country which allows freedom of expression," Tannishtha Chat- terjee, the Indian actress who plays central char- acter Nazneen, told Reuters in a recent interview. Nazneen enters an arranged marriage and leaves her native Bangladesh for London and a new life with Chanu. After the attacks in the United States on Sept. 11, 2001, tensions between Muslim immigrant families and locals grow. "This is a country which stood by someone like Salman Rushdie when there was a fatwa against him," Chatterjee said, referring to a 1989 death warrant from Iran's supreme religious leader after ‘The Satanic Verses' was deemed blasphemous. "You have a right to protest (against) an expression, but we have a right to express that, so where is this right? That's what made me angry." News of the protests and subsequent reloca- tion were pounced on by commentators who condoned or condemned the protesters' actions, including Rushdie himself, who labeled author Germaine Greer's defense of the them as "dis- graceful". Ali accused the media of exaggerating the level of opposition among Bangladeshis and the level of threat posed, pointing out that opposition quickly petered out. But her main concern was what she called "a marketplace of outrage", where no one dared argue with an offended minority, however small, meaning rational argument and debate was stifled. "If offense is felt, the artist has no recourse," she said in a recent essay. She added that the government had "shame- fully" remained silent after both the ‘Brick Lane' incident and in 2004, when a play fea- turing sexual abuse within a Sikh temple was scrapped after a violent protest by Sikhs in Birmingham. ‘Brick Lane' director Sarah Gavron pointed out that cooperation among Bangladeshis in the Brick Lane area far outweighed the number of protesters. "Obviously as a creative person I absolutely believe in freedom of expression," she told Reuters. "Debate is all well and good, but ... an implicitly violent agenda is not acceptable. "We didn't back down, we just re-scheduled and came back and filmed later when those protests had died down." Early reaction to ‘Brick Lane' has been mixed. While it won plaudits at a French film festival, some critics have accused Gavron of watering down the novel. "You feel the book's guts have been lost, part- ly for budgetary reasons, partly out of an anxi- ety not to offend Britain's Bangladeshi com- munity," the Telegraph newspaper wrote.
By Mike Collett-White
Published in DESI TALK 11/16/2007

CUT-OFF DATES FOR DECEMBER 2007 The following information is provided by the Visa Office regarding the cut-off dates for the month of December 2007.

FAMILY PREFERENCES F1-Family first preference: Unmarried sons and daughters over the age of 21 years of U.S. Citizens.
The cut-off date has moved forward by one (1) month for most of the countries to January 8, 2002 and for India by five (5) weeks to January 8, 2002.
F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of permanent residents. The cut-off date has moved forward by one (1) month for most countries including India to January 15, 2003.
F2B- Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by one (1) month for most of the countries including India to October 15, 1998.
F3-Family third preference: Married sons and daughters of U.S. Citizens and their spouses and children.
The cut-off date has moved forward by five (5) weeks for most of the countries including India to April 8, 2000.
F4-Family fourth preference: Brothers and sisters of U.S. Citizens. The cut-off date has moved forward by one (1) month for most of the countries to June 22, 1997, and for India it has moved forward by seven (7) weeks to August 15, 1996.
EMPLOYMENT PREFERENCES EB1 - Priority Workers: The cut-off date for this category for all countries including India is CURRENT.
EB2 - Advanced Degree holders: The cut-off date for this category for most countries is CURRENT and for India has retrogressed by two (2) years three (3) months to January 1, 2002.
EB3 - Professional & Skilled Workers: The cut-off date for this category for most countries has moved forward by one (1) month to September 1, 2002, and for India it has move forward by one (1) week to May 1, 2001.
EB3 - Other Workers: The cut-off date for this category for all countries including India has not moved at all and remain October 1, 2001.
EB4 (Certain Special Immigrants including Religious Workers) & EB5 (Investment Visas) categories for all countries including India is CURRENT.
IMMIGRANT VISA AVAILABILITY DURING THE COMING MONTHS The following projections are based on the demand patterns which are currently being experienced.
Fluctuations in demand could alter such projections at any time. Therefore, they should only be used as a guideline of what might occur. Under no circumstances should they be used as a basis for making any formal plans prior to the announcement of the monthly cut-off dates.
Family Preferences - Worldwide: Movement consistent with that of recent months can be expected for the foreseeable future.
Employment Preferences - Worldwide and Philippines: First: Will remain "Current" Second: Will remain "Current" Third: Slow forward movement should be possible while demand patterns are established.
Third "Other Workers" (All Countries): Little if any forward movement is expected at this time. Should the current demand pattern continue, it may be necessary to retrogress the cut-off date at some point later in the fiscal year.
CHINA-mainland born and INDIA: Employment Preferences: First: Continued heavy demand may require the establishment of a cut-off date at some point during the fiscal year.
Second: Demand during October and the first week of November has already used over 38 percent of the annual limit. It is hoped that the December retrogressions will return monthly number use within the target range. If not, further retrogressions cannot be ruled out.
Michael Phulwani is a prominent attorney admitted to practice law in New York, New Jersey and India. He practices immi- gration and nationality law and visa matters in the USA and abroad. He is a frequent lecturer on immigration law and co-hosts several TV and radio programs on immigration and legislation and answer questions from our readers. All questions should be forwarded to Michael Phulwani, 74-09 37th Avenue, Suite 315, Jackson Heights, NY 11372 Courtesy of Paula N. Singer, Esq. This is the concluding part of the two-part article discussing the ten common tax returns errors made by Foreign Nationals. 3. Failing to include all income in the return - Foreign nationals who are resident aliens are subject to U.S. income tax on worldwide income in the same manner as U.S. citizens. Foreign nationals who elect to file as a resident with a U.S. citizen or resident spouse must include their worldwide income in their U.S. return. 4. Claiming incorrect personal exemptions - In order for a dependent to be claimed for a personal exemp- tion, the dependent must be a U.S. citizen or resident alien unless an exception applies. There are exceptions for dependents who are U.S. nationals or residents of Canada or Mexico. Nonresident business apprentices and students from India can claim a dependent exemption for their spouse. 5. Incorrectly claiming a tax treaty benefit - The U.S. has income tax treaties with over 60 countries. Many foreign nationals, particularly foreign students and scholars, may be eligible for treaty exemptions from tax. Eligibility for treaty benefits is based on tax resi- dency (not citizenship) in the treaty country as described by the treaty article under which a benefit is claimed. Treaty benefits for income such as dividends, interest, rents, and royalties require the taxpayer to be a resident of the treaty country and not a resident of the United States when the income is paid. 6. Claiming improper temporarily-away-from-home expense deductions - Taxpayers who have been provid- ing services and are temporarily away from their tax home may claim deductions for their travel, meals, and lodging. (Expenses related to their family mem- bers are generally not deductible.) To be temporarily away, taxpayers must be at their temporary work loca- tion for a period anticipated to be a year or less. Their tax home is their principal place of business. A short absence of a few months between visits is not sufficient to restart the clock for purposes of these deductions. If travel, food, and lodging have been paid or reimbursed by their employer, deductions may only be claimed if the amounts are included in their Form W-2 gross income. 7. Excluding certain taxable capital gains on stock sales on Form 1040NR - Capital gains on property other than real estate are fixed or determinable annual or periodic income subject to 30-percent tax on the net gain (reportable on page 4 of Form 1040NR) unless an exception applies. Nonresident aliens can exclude their capital gains on property, such as stock, if: § The capital gain is foreign-sourced; or § The capital gain is U.S.-sourced but the recipient is in the U.S. for less than 183 days in the tax year. Capital gains are U.S.-sourced income if the recipient has a tax home in the United States. Generally, if a tax- payer is here for a period anticipated to be longer than one year, the United States is considered to be his or her tax home. Many of these taxpayers have U.S.- sourced gains subject to 30-percent tax that are never reported on their U.S. tax returns because of misun- derstandings about these rules. 8. Failing to file disclosure forms - Foreign nationals becoming resident aliens who maintain income-pro- ducing assets overseas, who transfer assets to foreign entities, who are grantors or recipients of income from foreign trusts, or who are recipients of certain gifts or bequests from abroad, may be required to submit dis- closure forms. 9. Failing to file a federal tax return - Foreign nation- als fail to file U.S. tax returns for a variety of reasons. Nonresident aliens who fail to timely file their nonres- ident tax return can lose deductions and credits to which they would otherwise be entitled if they fail to correct the lapse in filing voluntarily before being con- tacted by the IRS. 10. Failing to file a state income tax return - Foreign nationals who prepare their own tax returns frequent- ly fail to submit a required state income tax return. In fact, a number of Internet sites and special tax prepa- ration software packages that prepare nonresident returns do not prepare state income tax returns. Whether foreign nationals have a state income tax fil- ing obligation depends upon whether they are resident in (under the state's rules) or earn income from certain sources in a state that imposes income taxes on indi- viduals, and whether their income meets the filing threshold. CUT-OFF DATES FOR DECEMBER 2007 The following information is provided by the Visa Office regarding the cut-off dates for the month of December 2007. FAMILY PREFERENCES F1-Family first preference: Unmarried sons and daughters over the age of 21 years of U.S. Citizens. The cut-off date has moved forward by one (1) month for most of the countries to January 8, 2002 and for India by five (5) weeks to January 8, 2002. F2A - Family second preference: Spouses and minor children, and unmarried sons and daughters of perma- nent residents. The cut-off date has moved forward by one (1) month for most countries including India to January 15, 2003. F2B- Family second preference: Unmarried sons and daughters over 21 of permanent residents. The cut-off date has moved forward by one (1) month for most of the countries including India to October 15, 1998. F3-Family third preference: Married sons and daugh- ters of U.S. Citizens and their spouses and children. The cut-off date has moved forward by five (5) weeks for most of the countries including India to April 8, 2000. F4-Family fourth preference: Brothers and sisters of U.S. Citizens. The cut-off date has moved forward by one (1) month for most of the countries to June 22, 1997, and for India it has moved forward by seven (7) weeks to August 15, 1996. EMPLOYMENT PREFERENCES EB1 - Priority Workers: The cut-off date for this cate- gory for all countries including India is CURRENT. EB2 - Advanced Degree holders: The cut-off date for this category for most countries is CURRENT and for India has retrogressed by two (2) years three (3) months to January 1, 2002. EB3 - Professional & Skilled Workers: The cut-off date for this category for most countries has moved forward by one (1) month to September 1, 2002, and for India it has move forward by one (1) week to May 1, 2001. EB3 - Other Workers: The cut-off date for this cate- gory for all countries including India has not moved at all and remain October 1, 2001. EB4 (Certain Special Immigrants including Religious Workers) & EB5 (Investment Visas) categories for all countries including India is CURRENT. IMMIGRANT VISA AVAILABILITY DURING THE COMING MONTHS The following projections are based on the demand patterns which are currently being experienced. Fluctuations in demand could alter such projections at any time. Therefore, they should only be used as a guideline of what might occur. Under no circum- stances should they be used as a basis for making any formal plans prior to the announcement of the month- ly cut-off dates. Family Preferences - Worldwide: Movement consis- tent with that of recent months can be expected for the foreseeable future. Employment Preferences - Worldwide and Philippines: First: Will remain "Current" Second: Will remain "Current" Third: Slow forward movement should be possible while demand patterns are established. Third "Other Workers" (All Countries): Little if any forward movement is expected at this time. Should the current demand pattern continue, it may be neces- sary to retrogress the cut-off date at some point later in the fiscal year. CHINA-mainland born and INDIA: Employment Preferences: First: Continued heavy demand may require the establishment of a cut-off date at some point during the fiscal year. Second: Demand during October and the first week of November has already used over 38 percent of the annual limit. It is hoped that the December retrogres- sions will return monthly number use within the tar- get range. If not, further retrogressions cannot be ruled out.

Michael Phulwani is a prominent attorney admitted to practice law in New York, New Jersey and India. He practices immigration and nationality law and visa matters in the USA and abroad. He is a frequent lecturer on immigration law and co-hosts several TV and radio programs on immigration and legislation and answer questions from our readers. All questions should be forwarded to Michael Phulwani, 74-09 37th Avenue, Suite 315, Jackson Heights, NY 11372 Courtesy of Paula N. Singer, Esq.
Published in News India-Times 11/23/2007