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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.
AUGUST VISA
BULLETIN RELEASED
The Department of State has recently released the August Visa
Bulletin. For the most part, the dates have remained unchanged. The
exception, however, is that for the country of India category EB2
has become Unavailable. Unfortunately, this means that for the
time-being no immigrant visa numbers will be available for that
category.
See:
http://travel.state.gov/visa/frvi/bulletin/bulletin_2978.html
LATEST NUMBER ON H1B MASTER’S CAP EXEMPTION
RELEASED
The USCIS has released the latest numbers on the H1B Master’s Cap
exemption. The Master’s cap exemption allots 20,000 H1B visas for
those individuals holding a Master’s degree or higher from a US
institution. As of July 11, 15,208 cases have been received by the
USCIS. Approximately 800 additional petitions have been received but
not yet data-entered into the system, thus bringing the total to
16,008. The USCIS has received a little over 1800 petitions over the
course of 3-4 days. At this pace, HLG believes the master’s cap
could be reached very soon.
http://www.uscis.gov/graphics/services/tempbenefits/cap.htm
DOL ISSUES GUIDANCE ON REOPENING OF
IMPROPERLY CLOSED CASES AT THE BRC
On July 11, the Department of Labor (DOL) released guidance on how
to reopen a labor certification case sent to the Backlog Reduction
Center that was improperly closed for failure to respond to the 45
day letter, either because the employer did not receive the 45 day
letter or where the case was erroneously closed after timely
response to the 45 day letter. The reopen requests must be made
within 30 days of July 11th or within 30 days of the receipt of the
case closed letter, whichever is later. In addition, the DOL has
stated that it expects all 45 day letters to be sent out by July 21,
2006. If you have questions regarding this policy guidance, please
contact your attorney at
www.hammondlawfirm.com.
USCIS ISSUES FINAL RULE ON AFFIDAVIT OF
SUPPORTS
On June 21, 2006, the USCIS published a final rule regarding
Affidavits of Support (form I-864) in the Federal Register (71 FR
35732). The final rule provides for a less burdensome process for
sponsors while continuing to ensure that each applicant has a
sponsor with sufficient funds. The rule becomes effective on July
21, 2006 and will apply to any I-485 adjustment of status
application decided on or after July 21, 2006, which includes those
filed prior to July 21st.
Further details can be found
here:
http://www.uscis.gov/graphics/publicaffairs/newsrels/AffSupp_062106PR.pdf
SKIL BILL INTRODUCED IN THE HOUSE
The “Securing Knowledge, Innovation, and Leadership Act of 2006”
(H.R. 5744) was recently introduced in the House by Representative
John Shadegg (R-AZ) from Arizona. The SKIL bill, as it is
colloquially referred to, underscores Congress’s willingness to
address the H-1B visa category issues and looks to strengthen US
competition in the global economy. For detailed breakdown of each
section of the bill see:
http://cornyn.senate.gov/index.asp?f=record&lid=1&rid=237170
SSA UPDATES MANUAL TO INCLUDE GUIDANCE ON E
AND L SPOUSES AUTHORIZATION TO WORK
The Social Security Administration (SSA) recently updated their
policy manual to include guidance for their officers in determining
whether a spouse of an E or L visa holder is authorized to work. The
update writes, the “E-1, E-2, and L-2 spouse is not required to
apply to DHS for an EAD card as documentary evidence of work
authorization but may choose to do so.” The guidance offers clarity
to officers processing requests by E and L spouses for Social
Security Cards without an Employment Authorization Document (EAD) or
other Department of Homeland Security work authorization.
https://s044a90.ssa.gov/apps10/poms.nsf/lnx/0100203500!opendocument
ECONOMICS & ENFORCEMENT
HLG’s Sherry Neal and Chris Musillo wrote complimentary articles for
the Cincinnati Bar Association’s CBA Report. Sherry’s article
focuses on enforcement and the future of immigration. Chris’s survey
the economic consequences of immigration.
Sherry’s article:
http://www.hammondlawfirm.com/CBAReport_July2006_SLN.pdf
Chris’ article:
http://www.hammondlawfirm.com/CBAReport_July2006_CTM.pdf
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