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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.
H-1B CAP
REACHED IN LESS THAN 2 MONTHS!!!
Less than 2 months after the cap opened on April 1st, on June 1st
the USCIS announced that the H-1B cap was reached as of petitions
submitted by May 26, 2006. Petitions received after that date will
be returned. Petitions received on that date will be subject to a
random selection process. Numbers still remain available for the US
Master’s cap or higher degree exemption, but HLG expects these to
run out very shortly.
When asked why the cap had actually been reached a week prior to the
public announcement, the USCIS stated that as of Wednesday June 1st,
they had finished data-entering cases received on May 25th, and
began data entering for cases arrived on May 26th. During entry of
these 5/26 cases, the cap was reached.
The problem lies in the fact that when the USCIS switched to
bi-specialization on April 1st, the Vermont Service Center found
itself unable to handle the volume of cases it was receiving. As a
result, data entry and receipting backlogs resulted. This delay
failed to be accurately reflected in the USCIS cap-counts released
to the public via its website. Thus, to the public it appeared that
as of May 26th, 12,000 new petitions remained available. However,
given the backlog in data entry and the volume of new cases
received, we learned nearly a week later that this was not the case.
HLG has offered some helpful suggestions to employers and employees
alike in the wake of the H1B cap being reached. These can be found
here:
http://www.hammondlawfirm.com/alerts/06.06.2006_alert.htm
For further information see:
http://www.hammondlawfirm.com/alerts/06.01.2006_alert.htm
http://www.uscis.gov/graphics/services/tempbenefits/cap.htm
JULY VISA BULLETIN RELEASED
The Department of State has recently released the July Visa
Bulletin. Unfortunately, not much movement is seen in any of the
categories except for China EB2 which jumped from July 1, 2004 to
March 1, 2005.
See:
http://travel.state.gov/visa/frvi/bulletin/bulletin_2943.html
USCIS TO ALLOW PREMIUM PROCESSING FOR FORMS
I-140, I-765, I-539
On May 23rd, the USCIS announced that it will soon include I-140s,
I-765s, and I-539s in the Premium Processing (PP) program. Under
this program, the USCIS will guarantee that an approval or a Request
for Evidence (RFE) is sent within 15 business days of filing. The
charge for the expedited process is $1,000. The USCIS has not yet
announced the effective dates for this program. This program will
definitely prove beneficial especially to those employees nearing
their six year H1b limits and whose priority dates are not current.
USCIS will not allow PP for I-140s filed as National Interest
Waivers (NIW), but will allow PP for I-140s filed for EB1, EB3,
Schedule A and all non-NIW EB2s.
http://www.hammondlawfirm.com/alerts/05.23.2006_alert.htm
SENATE PASSES COMPREHENSIVE IMMIGRATION
REFORM ACT OF 2006 (S.2611)
On May 25th, in a historic move, the Senate voted 62 to 36 to pass
the comprehensive immigration reform act of 2006. Some of the major
highlights of the Act include:
• undocumented aliens in the US for at least 5 years prior to
4/5/2006 are eligible for 6 years of work authorization and path to
eventual permanent legal status upon payment of $2000 fine, meeting
English and civics requirements, paying taxes owed, and passing
background checks.
• New employment-based cap of 450,000 for a 10 year period, adding
nearly 300,000 additional visas per year; spouses and children of
certain employment based immigrants capped at 650,000.
• Increase H-1B cap to 115,000 with market-based escalator and
exemption for Science, Technology, Engineering and Math (STEM)
advanced degree holders
For full version of the Act
see:
http://www.ilw.com/immigdaily/news/2006,0605-s2611.shtm
DEPARTMENT OF STATE ISSUES CLARIFICATION OF
POSITION ON BLANKET L PETITIONS
The Department of State has clarified its previous position on
whether an applicant for an L-1 visa under a blanket petition filed
prior to June 6, 2005 is required to demonstrate six months or
twelve months of prior continuous employment abroad within the
preceding three years. In conjunction with the USCIS, DOS has
clarified its position and holds that an alien who is seeking
initial classification as an L-1 nonimmigrant on the basis of a
blanket petition filed with USCIS is subject to the statute's
twelve-month requirement, irrespective of when the blanket petition
was filed. An alien classified as an L-1 nonimmigrant prior to June
6, 2005 under a blanket petition would continue to be subject to the
six-month employment requirement.
http://travel.state.gov/visa/visa_1750.html
DEPARTMENT OF LABOR WILL REOPEN CERTAIN
LABOR CERTIFICATION CASES INCORRECTLY CLOSED BY THE BACKLOG
ELIMINATION CENTERS
The DOL has agreed to reopen certain Labor Certification cases
incorrectly closed by the Backlog Center for failure to respond to
the 45 day letters. Specifically, the DOL has stated they will
reopen those cases where the employer or attorney notified the
Certifying Officer that the 45 day letter was never received.
Although this DOL announcement is promising, it leaves many
unanswered questions including the impact on cases closed even
though the response to the 45 day letter was sent, handling of
future cases, and the process the DOL will use to reopen cases and
to inform parties of this reopening. The American Immigration
Lawyers Association (AILA) is working with the DOL on answering
these questions. HLG will keep clients up to date when we hear
further on these issues.
www.aila.org
http://www.dol.gov/
AILA RECIEVES ADVANCED COPY OF ICE
REGULATION ON NO-MATCH LETTERS
The Bureau of Immigration and Custom Enforcement (ICE) has published
its proposed Regulation on Safe Harbor Procedures for employers that
receive No-Match letters from the Social Security Administration.
This Regulation details the employer’s obligations upon receipt of a
no-match letter and safe harbor procedures that can be taken by
employers in response to such letters to protect themselves from
being found to hold constructive knowledge that the employee
referenced in the letter did not have valid work authorization.
http://frwebgate1.access.gpo.gov/cgi-bin/waisgate.cgi?WAISdocID=311228331774+0+0+0&WAISaction=retrieve
WASHINGTON POST PUBLISHES ARTICLE, “BUYING
THEIR WAY IN- THE BRITISH HAVE INVADED FLORIDA BY WAY OF THE E2
VISA, A SHORTCUT FOR IMMIGRANTS WHO CAN PURCHASE U.S. BUSINESSES.”
On June 10, the Washington Post published an article detailing a new
trend of foreign nationals entering into the US on E2 visas. The E2
nonimmigrant investor visa, allows foreign nationals to enter the US
to open businesses in the US by promising to invest a “substantial
amount of capital”. The E2 visa allows applicants to apply directly
at the US consulate, thus avoiding any delays or complications with
the USCIS or Department of Labor. According to the State Department,
the number of E2 visas issued last year totaled 28,290, representing
a 40% increase from the number issued in 1997. The E2 visa offers a
viable alternative to those who qualify. Interested in seeing if you
qualify for an E2 visa? Please contact your HLG attorney for further
information.
For full article, see:
http://www.washingtonpost.com/wp-dyn/content/article/2006/06/09/AR2006060901680.html
AILA HOLDS ITS 2006 ANNUAL CONFERENCE IN
SAN ANTONIO
Members of HLG will be attending the American Immigration Lawyers
Association Annual Conference in San Antonio from June 21-June 24.
This conference is held annually and serves to inform the
immigration legal community on the newest updates within the field,
including direct updates from governmental representatives. HLG will
be updating clients on the latest immigration news following the
conference.
www.aila.org
ILW MID-YEAR UPDATE IN IMMIGRATION LAW
PRACTICE
HLG’s Sherry Neal will be hosting ILW’s 3 part Mid-Year Update in
Immigration Law. The seminar features a variety of well-known
immigration law practitioners.
http://www.ilw.com/seminars/may2006.shtm
THE TRICKY ROAD TO NATURALIZATION
In a recent article in The Salt Lake Tribune, entitled “Becoming
American: Naturalization caps a long, tricky road,” columnist Pamela
Manson comments on the intricacies of becoming a naturalized citizen
of the US. She writes, “There was a time when becoming a U.S.
citizen was a relatively simple matter. Not anymore.” Despite the
long and difficult process, Manson notes, at the naturalization
ceremony most find the process worth it.
For full article see:
http://www.sltrib.com/ci_3924531
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