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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.
LATEST UPDATE
BY USCIS ON H-1B ADVANCED DEGREE AND H-2B USAGE
The USCIS has released the latest figures on fiscal year 2006 usage
of H-1B numbers for graduates of US advanced degree programs.
Approximately, 3,000 H-1B for advanced US degree holders remain
available for Fiscal Year 2006. In addition, USCIS released the
numbers for H-2B first-half numbers.
http://uscis.gov/graphics/services/tempbenefits/cap.htm
HLG AND ITS CLIENTS TAKE PART IN AILA
LETTER TO CONGRESS TO INCREASE ACCESS TO H-1B VISAS
HLG would like to extend its sincere appreciation to all clients who
agreed to sign on to the American Immigration Lawyers Association (AILA)’s
letter to Congress calling for increased access to H-1B visas. We
were able to contribute 121 client companies to the letter, bringing
the total number of businesses and universities signing in support
to more than 750 signatures.
Without the legislative relief, there will be no more H visa numbers
available until October 1, 2006. The visa cap was filled on August
10, 2005, 14 months before the end of the next fiscal year.
Moreover, the backlog on employment-based green cards will delay
employment-based green cards for the foreseeable future. Lending
your entity's name to the letter was instrumental in getting the
legislation through the Senate. Keep contacting your local Congress
member to urge them to include the immigration provisions in the
final version of the budget bill.
http://www.hammondlawfirm.com/alerts/12.09.2005_alert.htm
CALL FOR CONTINUED ADVOCACY!
HLG expects Congress to conference the budget reconciliation bill
before the December 17 adjournment. The Senate bill provides relief
from the H-1B blackout and employment-based immigrant visa
retrogression in exchange for increased fees on some petitions. The
House bill provides no H-1B or retrogression relief and imposes a
$1,500 fee increase on L visas. Although the conference has not yet
begun, informal discussions are currently taking place. It is
critical that we continue to build support for the Senate proposal
in both chambers of Congress. Remember, this may be our only chance
for H-1B and retrogression relief! To send a message to your
legislators in support of the Senate proposal, please use this link:
http://capwiz.com/aila2/issues/alert/?alertid=8185761&type=CO.
PRESIDENT
BUSH COMMENTS ON PROPOSED FEE INCREASES
On November 28, 2005, President Bush held a press conference at
Davis-Monthan Air Force Base in Tucson, Arizona. At this conference,
the President discussed the need to increase security enforcement at
our borders. In addition, the President commented that he hopes to
work closely with Congress to pass comprehensive immigration reform
that will address strengthening our borders, increasing enforcement,
and passing a temporary worker program. For the full text of the
conference see ILW.com at:
http://www.ilw.com
FINAL DOL
RULE ON AMENDMENTS TO H-1B AND H-1B1 PROGRAMS
The DOL published a final rule on amendments to the H-1B and H-1B1
regulations on 12/5/2005. This rule goes into effect on 1/4/2006.
Among the changes, employers will now be required to use a web-based
electronic filing of Labor Condition Applications (LCA). The final
rule also includes provisions reflecting the Congressional
reinstatement of the additional obligations for H-1B dependent
employers and employers who have been deemed willful violators.
http://a257.g.akamaitech.net/
USCIS’ ARGUMENTS REGARDING EB-3 EQUIVALENCY
FAIL IN DISTRICT COURT
On November 3, 2005, US District Court Magistrate Judge evaluated
the effect of a labor certification application’s “B.A. or
equivalent” language on eligibility for employment-based third
preference (EB3) category, holding that the Nebraska’s Service
Center’s decision to deny plaintiff’s I-140 petition on the grounds
that one of the plaintiffs did not have a foreign degree equivalent
to a B.A. in Theology was “arbitrary, capricious and an abuse of
discretion.” The court vacated the original decision and ordered the
USCIS to approve the I-140 petition. (Grace Korean United Methodist
Church v. Chertoff, 11/3/05).
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web933.pdf
Wishing You and
Yours All the Very Best
For the Holiday Season
And the New Year
HLG would like to wish everyone a very happy holiday season!
We appreciate your continued support and look forward to another
year of serving your needs.
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