| | 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. FEBRUARY FEATURED ARTICLE Written by Amy Dalal, Attorney Hammond Law Group, LLC 
MARCH VISA BULLETIN RELEASED
The Department of State has released the March Visa Bulletin. Unfortunately, the Bulletin shows no movement in any of the EB1, EB2 and EB3 categories.
See: http://travel.state.gov/visa/frvi/bulletin/bulletin_3143.html
SUBSTITUTION OPTION MAY BE NO MORE…
Rumors of the end of substitution are spreading throughout the immigration world. Last spring proposed Regulations were circulated for public comment on this issue. Word has now spread that the Department of Labor has finished their review of the public’s comments and submitted the Final Regulations to the Office of Management and Budget (OMB). The OMB has 90 days or less to review the Regulations. HLG strongly recommends that employers who have unused approved labor certification applications to contact their HLG attorney to discuss possible options. Stay tuned to HLG for further updates on these Regulations.
http://www.hammondlawfirm.com/alerts/substitution_of_labor_certifications_may_end.htm
USCIS PROPOSES FEE INCREASES
The USCIS has proposed raising the filing fees for petition by up to 66%, as soon as June 2007. For example, the filing fees for the H-1B petition will rise from $190 to $320, and the I-485 petition will likewise rise from $325 to $905. The purpose behind these fee increases is to reduce USCIS processing times by up to 20% by 2009. The public is invited to comment on the proposed fee increases by email, fax or regular mail. Once the comment period ends, the USCIS will consider the comments and announce which fee increases will be implemented. HLG will be preparing and submitting comments to these proposed fee increases. However, we also encourage both employers and employees alike to voice their opinions regarding these proposed fee increases.
http://www.hammondlawfirm.com/alerts/USCIS_proposes_massive_fee_increases.htm
THE PRESIDENT URGES MORE H-1B VISAS
On January 24th, in a speech to Dupont employees in Delaware, President Bush said he is urging Congress to increase the number of available H-1B visas. "I want you to know I understand that we need to make sure that when a smart person from overseas wants to come and work in DuPont, it's in our interests to allow him or her to do so. We've got to expand what's called H-1B visas," the President said. "It makes no sense to say to a young scientist from India, you can't come to America to help this company develop technologies that help us deal with our problems." This year’s cap is set to open up on April 1st and will likely fill within a couple of weeks.
http://www.hispanicbusiness.com/news/newsbyid.asp?id=53907
CRS RELEASES REPORT FOR CONGRESS ON PROGRAMS FUNDED BY H-1B TRAINING FEE AND LABOR MARKET FOR IT WORKERS
In a report, dated January 23, 2007, released by the Congressional Research Service (CRS), the CRS reported to Congress on the use of the H-1B training fees. The report states, “Between FY 2000 and 2004, the NSF provided $187.2 million in H-1B user fees to colleges and universities in an effort to increase the supply of individuals with skills in computer science, engineering, and math. Some 40,000 students were awarded scholarships over the period (p. CRS-8). The DOL awarded over $328 million in Technical Skills Training Grants from its share of H-1B training fee monies during the same time period (CRS-9)." The report also comments on the improving conditions in the IT labor market, stating, “[a]lmost 2.5 million persons worked in IT jobs as computer systems analysts, computer engineers, computer scientists and computer programmers in 2000 — more than twice the number in 1989, the prior peak in the business cycle.”
For full report see:
http://www.bibdaily.com/pdfs/CRS H1B fees Jan 2007.pdf
INCREASED SCRUTINY BY USCIS AND AT CONSULATES ON EXPERIENCE
As you begin to consider new candidates for the H-1b cap, keep in mind this recent trend: The U.S. Consulates have increased scrutiny significantly on H-1b petitions, particularly in verifying the prior work experience of Foreign Nationals. The U. S. Consulates are denying H-1b visas after the USCIS Service Center has already approved the case because of an inability to prove experience claimed in the supporting documentation. Please contact your HLG attorney to discuss further how to limit questioning by the USCIS and at the Consulates.
http://www.hammondlawfirm.com/alerts/1.15.2007_alert.htm
OWNER OF NJ CONSULTING FIRM IMPRISONED FOR IMMIGRATION FRAUD
In a recent India Abroad article, the paper reported on the imprisonment of 36-year-old Narendra Mandalapa, owner and president of the consulting company, Cybersoftee. Mandalapa was sentenced to 20 months in prison and forfeiture of $5.7 million plus two luxury cars, for fraudulently assisting hundreds of immigrant aliens to live and work illegally in the US. Specifically, Mandalapa received up to $22,000 from each foreign national to fraudulently file documents and a labor certification application with both the USCIS and the Department of Labor. The indictment cited that at least 250 falsely filed immigrant petitions were filed by Mandalapa under his Edison-based company, Cybersoftee.
For the full story see: http://www.rediff.com/news/2007/jan/23fraud.htm
DHS TO LAUNCH TRAVELER REDRESS INQUIRY PROGRAM ON FEB. 20TH
In a January 17th press release, the Department of Homeland Security announced the launch of the DHS Traveler Redress Inquiry Program (DHS TRIP). The TRIP system is an easy to use, single inquiry point for travel-related issues. The TRIP system was designed to be a way for travelers to address watch-list misidentification issues, situations where individuals believe that they have faced screening problems at immigration points of entry, or have been unfairly or incorrectly delayed, denied boarding, or identified for additional screening at our nation's transportation hubs. Details, including how to file and track progress of an inquiry, will be available with the program's launch on February 20, 2007.
http://www.dhs.gov/xnews/releases/pr_1169062569230.shtm
BUSINESS LEADER CALL FOR CHANGES TO INCREASE TRAVEL TO THE US
In a January 31, 2007 press release by the Discover America Partnership , the organization writes, "Chief among the reasons why travelers are not coming to the U.S. are concerns about the U.S. visa process and perception of poor treatment at the point of entry into the U.S.” The Partnership calls for the passage of the Blueprint to Discover America, a plan to tackle the many of the serious issues resulting in decreased inbound travel to the US. Stevan Porter, chairman of the Partnership says of the plan, “[w]e’re issuing a strategy that fixes our broken visa and entry systems while strengthening our national security, improving control of our borders and enhancing the integrity of our immigration system.” For more details about the Blueprint to Discover America see: http://poweroftravel.org/release-1-31-07.aspx
HLG TO HOLD SEMINARS IN ATLANTA AND CHICAGO
HLG is planning on holding a free seminar, open to the public, in the Atlanta area on March 5th. A similar seminar will be held in the Chicago area on May 21st. To register for these seminars please see our website at www.hammondlawfirm.com
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