The Business Immigration Monthly is Hammond Law Group’s latest news eZine, directed at international workers and employers seeking the most up-to-date news on U.S. immigration issues, specifically those that impact workers on H, L, E, and O visas and workers seeking permanent residency. AUGUST FEATURED ARTICLE Written by Amy Dalal, Attorney 
SEPTEMBER VISA BULLETIN RELEASED
The Department of State has recently released the September Visa Bulletin. The only significant change is the jump of about five months in the EB3 category for China and All Chargeability Areas except those listed, which went from October 2001 to March 2002. All other categories practically remained the same from the August bulletin.
See: http://travel.state.gov/visa/frvi/bulletin/bulletin_3009.html Visa Bulletin on HLG's website: http://www.hammondlawfirm.com/visa_bulletin.htm
H1B MASTER’S CAP EXEMPTION REACHED
On July 28, 2006, the USCIS announced that a sufficient number of H-1B petitions falling under the Master’s degree or higher from a US institution of higher education exemption had been received. The USCIS determined the final receipt date for these exempt H-1B petitions to be July 26, 2006. Petitions received on July 26, 2006 will be subject to a random selection process. Petitions received after July 26th, will be returned as rejected.
http://www.uscis.gov/graphics/publicaffairs/newsrels/H1BMasters072806PR.pdf
BALCA ISSUES DECISION IN FIRST PERM CASE IN FAVOR OF EMPLOYER
On July 18, the Board of Alien Labor Certification Appeals (BALCA) issued the first ever PERM decision entitled “In the Matter of HealthAmerica (No.2006-PER-00001)” finding in favor of the employer and against the Department of Labor (DOL). The case stemmed from a typographical error made by the attorney on the PERM form 9089 regarding the date of the ad (the actual tearsheet reflected the correct date), resulting in the denial of the case by the certifying officer (CO). The issue raised by the decision was whether the CO in reviewing a case should consider the 9089 PERM form alone or some/all of the documents contained in the employer’s PERM audit file, which includes the ad tearsheets. BALCA found the DOL’s denial of the case as elevating “form over substance” and further, stated that the CO’s decision was “arbitrary and capricious and not supported by any regulatory language, regulatory history or decisional law.”
For full decision see ILW.com:
http://www.ilw.com/immigdaily/cases/2006,0720-healthcare.pdf
BALCA DECISION CAUSES DOL TO RECALL BALCA REQUESTS
Following the release of the July 18th BALCA decision, the DOL requested that all BALCA cases that were being held in abeyance pending the release of the July 18th decision be returned to the certifying officers for re-adjudication. In light of the recent BALCA decision, hopefully this DOL request is an indication that typographical or harmless errors will no longer be the considered a basis for denials by the COs.
www.dol.gov
CHANGES MADE IN FILING OF EMPLOYMENT AUTHORIZATION DOCUMENTS
In a July 28th public notice, the USCIS reminded customers of filing changes for employment authorization documents. The USCIS is discontinuing local production of Employment Authorization Cards, instead all employment authorization documents will be processed at one central location using a national system. From September 1, 2006 onwards, local offices will cease production of Employment Authorization Cards, however until October 1st, local offices in their discretion may continue to accept certain employment authorization applications. Interim EADs will still be issued by the local offices if the USCIS has not adjudicated the original EAD request within 90 days of filing.
http://www.uscis.gov/graphics/publicaffairs/statements/EADFilingCh072806PN.pdf
VERMONT TRANSFERS A NUMBER OF CASES TO THE TEXAS SERVICE CENTER
To alleviate the heavy workload, the Vermont Service Center has transferred 5,000 Petitions for Nonimmigrant Workers (including H1B and L1 petitions) and 22,000 Petitions for Alien Relatives (Form I-130) to the Texas Service Center for processing.
http://www.uscis.gov/graphics/publicaffairs/statements/CaseTrans_072606PN.pdf
SSA IMPLEMENTS LIMIT ON NUMBER OF SSN CARD REPLACEMENTS
The SSA has adopted final regulations that will amend the Social Security Act to limit the number of SSN card replacements. Previously there was no such limit on the number of replacement cards allowed. Effective December 16, 2005, individuals will be limited to three replacement SSN cards per year and ten during a lifetime. Exceptions to this rule are permitted on a case-by-case basis and in compelling circumstances.
http://frwebgate2.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=987419419631+9+0+0&WAISaction=retrieve
DOS AND DHS ANNOUNCE NEW PASSPORT REQUIREMENTS FOR AIR AND SEA TRAVEL TO THE US
As part of the Western Hemisphere Travel Initiative, the Departments of State and Homeland Security announced and submitted for public comment the first phase of the Initiative requiring that all US citizens and nonimmigrants from Canada, Bermuda, and Mexico entering the US via air or sea, with certain limited exceptions, be required to present at the port of entry either a valid passport or secure document. The first phase of the Initiative is set to be implemented by January 8, 2007.
http://www.state.gov/r/pa/prs/ps/2006/70299.htm
ILW.COM PUBLISHES BIM’S FEATURED ARTICLE
ILW.com recently published the BIM’s first feature article entitled “Passing on H-1B Costs to the Employee? Smart Business Practice or DOL Violation?” coauthored by HLG’s managing partner Michael F. Hammond, and law clerk Damaris De Valle.
See: http://www.ilw.com/immigdaily/digest/2006,0803.shtm
HLG TO HOLD FREE SEMINAR IN NEW JERSEY
HLG is planning on holding a free seminar for employers and employees in the Edison, New Jersey area in mid-October. More details to follow.
View our Event Calendar at: http://www.HammondLawFirm.com
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