|
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.
APRIL VISA
BULLETIN RELEASED
The Department of State released the April bulletin on March 13th.
The Bulletin shows significant movement for the EB1 categories for
both India and China. In addition, the EB2 category has moved for
both India (1/1/2002 in March – to 7/1/2002 in April) and China
(7/1/2002 in March – to 1/1/2003 in April). Unfortunately, not much
movement has been seen in the EB3 classification for any country.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2847.html
CHENNAI CONSULATE APOLOGIZES FOR RECENT
VISA DENIALS
The Chennai consulate recently issued an apology for the visa
denials of three prominent Indian scientists, including
internationally renowned scientist Goverdhan Mehta. The denials
brought international attention to the consulate on the eve of the
President’s trip to India. Following 9/11, consulates have
heightened their scrutiny regarding visa requests, particularly when
it comes to foreign academics. Hopefully, this media attention will
cause the consulates to reevaluate their visa procedures.
For full story see:
http://www.bibdaily.com/%2Fpdfs%2F3-10-06%20visa%20delay.pdf
H-1(b) STRATEGIES FOR SPRING 2006
In a recent Immigration Alert, HLG offers guidance to employers for
the filing of H-1B petitions. As April 1st is fast approaching, HLG
recommends that employers who seek H-1(b) workers for FY2007 should
prepare to file these cases in April 2005 as HLG predicts the FY2007
cap will be reached very quickly.
Companies may petition for H-1(b) workers as soon as six months
prior to the employee’s anticipated start date. Therefore, if an
employer wishes to have an employee start on October 1, 2006, the
earliest date that the employer may file the petition with the USCIS
is April 1, 2006.
http://www.hammondlawfirm.com/alerts/2.06.2006_alert.htm
HLG SUBMITS COMMENTS TO PROPOSED DOL RULE
HLG plans to submit its comments against the DOL rule eliminating
substitutions and imposing a 45 day time limit on the filing of
I-140 petitions following labor certification approvals. Clients
interested in submitting comments to the proposed legislation may do
so up until April 14, 2006.
Instructions on how to submit
comments can be found here:
http://frwebgate.access.gpo.gov/cgi-bin/getpage.cgi?position=all&page=7656&dbname=2006_register
SPECTER RELEASES BILL WITH GUEST WORKER
PROGRAM
Senator Arlen Specter, chairman of the Senate Judiciary Committee,
released an immigration reform bill which would created a guest
worker program and give legal status (but not citizenship) to
undocumented immigrant currently residing in the US. Specter
released his bill to mixed reaction, and it is expected much debate
will follow from the release. However, Specter views the proposed
bill as a starting point for Congress to address immigration reform.
For more details see:
http://www.mysanantonio.com/news/nation/stories/MYSA022506.01A.Immigration.223a38fe.html
DHS ISSUES REVIEW OF L-1 PROGRAM
Recently, the Department of Homeland Security, Office of the
Inspector General issued a report entitled “Review of
Vulnerabilities and Potential Abuses of the L-1 Visa Program.” This
report offers a review of the L-1 program usage over the past year
and the potential abuses of the program by employers. Although
disturbing to employers, the report is getting get reception by the
USCIS and could be the reason for the recent rash of L-1 RFEs and
denials.
For full report:
http://grassley.senate.gov/releases/2006/02092006.pdf
SENATOR GRASSLY SPEAKS OUT AGAINST THE USE
OF L-1 VISAS
Senator Chuck Grassly recently spoke out against the use of L-1
visas. Grassly spearheaded the recent study on the L visa program
released by the Department of Homeland Security that found several
vulnerabilities and loopholes with the program. Grassly stated that
Congress has acted to close only known loopholes but new loopholes
are constantly being created. Further, he states his concerns with
the report findings, including concerns regarding the adjudicator’s
interpretation of the amorphous term “specialized knowledge”, the
difficulty in adjudicators in determining company’s existence and
business operations, and how the L visa program lends itself to
fraud by Petitioners in creating fake offices for the sole purpose
of bringing over foreign nationals. The Senator has proposed the
creation of a task force to help resolve the issues with the L visa
program.
http://grassley.senate.gov/index.cfm?FuseAction=PressReleases.Detail&PressRelease_id=5003&Month=2&Year=2006
IBD ARTICLE ON IMPACT ON TECH COMPANIES BY
H-1B CAP
In a recent article published by the Investor’s Business Daily
entitled “Tech Firms Say H-1B Visa Caps Create Shortage Of Skilled
Staff”, author Laura Mandaro comments on the impact of the H-1B cap
to US Tech companies. Mandaro writes “[t]ech companies fear the U.S.
will lose its competitive edge if skilled foreign workers stop
putting down roots here…Such tight availability might not have
mattered much a few years ago…But tech jobs have rebounded. So every
H-1B visa available for fiscal 2006 starting in October had run out
in August, or two months before the year even started.” Tech firms
have experienced significant difficulty hiring immigrants given
these cap restrictions. As such, many tech firms, lobby groups, and
even the President have encouraged Congress to consider raising the
visa cap. Unfortunately, as Mandaro comments, any bill that looks to
increase the visa cap could face staunch opposition by the House,
whose members include vocal opponents to increased immigration
legislation.
For the full article see:
http://www.investors.com/editorial/IBDArticles.asp?artsec=16&issue=20060308
|
