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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.
FEBRUARY VISA
BULLETIN RELEASED- SIGNIFICANT MOVEMENT MADE IN CERTAIN CATEGORIES
The February Visa Bulletin was recently released. The new bulletin
shows significant movements made in certain categories, particularly
those affecting foreign nationals from the countries of India and
China. Hopefully, this trend will continue. As a brief summary:
• India EB-1 went from July 1,
2003 to February 1, 2004
• India EB-2 went from Jan 1, 2001 to August 1, 2001
• India EB-3 went from June 1, 1999 to Jan 1, 2000
• China EB-1 went from Jan 1, 2002 to Jan 1, 2003
• China EB-2 went from June 1, 2001 to April 1, 2002
• All Other workers went from April 1, 2001 to October 1, 2001
For the complete visa bulletin see:
http://travel.state.gov/visa/frvi/bulletin/bulletin_2771.html
USCIS ANNOUNCES
H-1B MASTER’S CAP REACHED
USCIS has announced that it has
filled the quota for H-1B professionals seeking an exemption under
the U.S. Masters Degree exception. There are 20,000 visa approvals
allowed under this exemption. Petitions received January 18th or
later will be returned to the petitioner. Petitions received on
January 17th will be subject to a random draw. Petitions received on
January 16th will be approved, provided that they qualify for the
requested visa.
Only "cap-subject" cases are affected by this quota. "Cap-subject"
H-1B visas are only those cases for new hires, who have never
previously held H-1B petitions. For instance, students, off shore
hires, and those wishing to change from another visa classification.
"Company transfer" H-1B visas are NOT subject to the just-announced
cap. Likewise, H-1B cases for some non-profit research organizations
and higher education institutions are still eligible to be filed.
See USCIS press release:
http://uscis.gov/graphics/publicaffairs/newsrels/H1B_06Cap_011806PR.pdf
DOL PERMITS
RIR CONVERSION OF PENDING TRADITIONAL LABOR CERTIFICATION CASES
The DOL has confirmed in an email message to AILA DOL Liaison Chair
Frances C. Berger that RIR Conversion procedures implemented in 2001
may be applied to traditional labor certification cases pending at
the Backlog Elimination Centers. These procedures permit the
conversion of traditional labor certification cases to RIR cases
without the loss of the priority date. To initiate this conversion a
written request should be made to the BRC with evidence of good
faith recruitment within six months immediately preceding the date
of the request attached. The BRC should then take the request and
supporting documentation, add it to the case file, and remove the
application from the traditional queue and place it in the RIR
queue.
http://www.aila.org/
ILW PUBLISHES ENDLEMAN’S WRAPUP ON
POLITICAL SITUATION
In his recent article entitled, “After The Fall: Making Sense Out Of
Sensenbrenner” attorney Gary Endleman offers his perspective on the
political fall out of this year. He writes, “It has been a cold
December for those who think immigration is good for America.”
For the full article see ILW.com at:
http://www.ilw.com/articles/2006,0104-endelman.shtm
USCIS ISSUES
GUIDANCE ON THE E-3 SPECIALTY OCCUPATION WORKER CATEGORY
On January 6, 2006, the USCIS
issued guidance on the E-3 Specialty Occupation Workers category.
Specifically, the USCIS provided information on the eligibility
requirements and particular documents necessary for individuals
wishing to apply under, or extend, the E-3 category. Recall, the E-3
category first came about last year for Australian nationals who
were seeking employment in a specialty occupation requiring
possession of a bachelor’s degree or higher (or its equivalent). E-3
status can be granted in two year increments for indefinite period.
http://uscis.gov/graphics/publicaffairs/newsrels/E3_010606PR.pdf
USCIS
ANNOUCES NEW DIRECTOR
On January 4, 2006, Dr. Emilio
Gonzalez was sworn in as the new Director of U.S. Citizenship and
Immigration Services (USCIS). A Cuban immigrant and naturalized
American, Dr. Gonzalez brings a special connection to the immigrant
population and a wealth of policy experience with him to the
position. “It is an honor and privilege to have been selected by
President Bush to lead the USCIS team,” said Director Gonzalez, “the
USCIS leadership team will use our current momentum to carry us
forward and improve upon what we have already accomplished to
enhance national security, ensure quality customer service and
reduce case backlogs.”
See:
http://uscis.gov/graphics/publicaffairs/newsrels/Gonzalez_010506PR.pdf
VAWA SIGNED
INTO LAW BY PRESIDENT BUSH
President Bush signed into law
the Violence Against Women and Department of Justice Reauthorization
Act of 2005 on January 5, 2006.
View text of this legislation at:
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