Volume 1.Issue 5 NOV ISSUE
 

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.

 

 

 

SJC PASSES FAVORABLE IMMIGRATION REFORM BILL BY 14-2 VOTE

On October 20, as part of the budget reconciliation process, the Senate Judiciary Committee held a markup of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs, in exchange for increased fees on some petitions.

Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. The final package, which will be attached to a wide-ranging budget bill, would:

1. Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.

2. Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)

3. Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)

4. Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)

5. Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)

6. Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.

7. Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)

The next step in the process calls for the Senate and the House of Representatives leadership to get together and draft a uniform bill.

http://www.hammondlawfirm.com/alerts/10.25b.2005_alert.htm

 

HOUSE SCHEDULED TO VOTE ON BUDGET RECONCILIATION PACKAGE ( Nov. 17, 2005 )
Having been postponed for a week for fear of lack of votes for passage, the House is scheduled to vote on the Budget Reconciliation package today. If the package passes, leaders in the House and Senate will form a conference committee to resolve differences between the bills passed by the respective chambers. The Senate version provides relief from the H-1B blackout and EB-immigrant visa retrogression. The House version currently imposes a new $1500 fee on L visas. HLG will update you as new developments become available.
www.hammondlawfirm.com

HLG TO HOLD TWO SEMINARS REGARDING VISA RETROGRESSION AND PERM UPDATE

Attorneys Sherry Neal, Amy Dalal, and Peter Le will be conducting two FREE immigration seminars to discuss updates on Visa Retrogression and PERM.

 

The first seminar will be held Thursday, November 17th at the Embassy Suites in Blue Ash, Ohio . This seminar is for individuals interested in learning how visa retrogression and PERM labor certification is impacting their green card case or anyone who is interested in how to file a green card case under the PERM process. Topics include:

-          How you can get a green card faster under PERM

-          When you should file under PERM and forgo your pending case

-          How to protect your labor certification from being revoked

-          Legislative solution to visa retrogression

 

The second seminar will be held Thursday, December 1st at the Embassy Suites in Blue Ash, Ohio . This seminar is for Human Resources Professionals, Recruiters, and Managers or other Corporate Representatives responsible for recruitment, employment, and supervision of foreign nationals. Topics include:

-          Legislative update on H-1’s and L-1’s

-          Using the advantage of PERM for recruitment and retention

-          Creating a timely and cost effective PERM process

-          Complying with Department of Labor Regulations for PERM

-          Managing the impact of visa retrogression

-          Question & Answer Session

 

To register for these events please click here: http://www.hammondlawfirm.com/perm_update_events.htm

 

USCIS REFUSES RECAPTURE FY2005 UNUSED CHILE/SINGAPORE H-1B NUMBERS

On October 21, 2005 , in a response to a letter sent from the Immigration Subcommittee, the USCIS refused to follow the Senators’ request to recapture unused Chile and Singapore H-1B1 numbers for the Fiscal Year 2005.

 

USCIS ISSUES MEMO ON H-1B/L-1 RECAPTURE OF TIME SPENT OUTSIDE THE US

In a recent USCIS memo, Michael Aytes, USCIS Acting Associate Director for Domestic Operations, provided guidance on determining the amount of time that may be recaptured for H-1B or L-1 purposes. According to the memo, “any days spent outside of the United States during the validity period of an H-1B or L-1 petition will not be counted toward the maximum period of stay in the United States in H-1B or L-1 status, provided that the alien is able to submit independent documentary evidence establishing that he or she was in fact physically outside of the United States during the days for which the alien is seeking recapture.” (emphasis added)

http://www.ilw.com/immigdaily/news/2005,1110-recapturememo.pdf

 

USCIS’ ARGUMENTS REGARDING EB-3 EQUIVALENCY FAIL IN DISTRICT COURT
On November 3, 2005 , US District Court Magistrate Judge evaluated the effect of a labor certification application’s “B.A. or equivalent” language on eligibility for employment-based third preference (EB3) category, holding that the Nebraska’s Service Center’s decision to deny plaintiff’s I-140 petition on the grounds that one of the plaintiffs did not have a foreign degree equivalent to a B.A. in Theology was “arbitrary, capricious and an abuse of discretion.” The court vacated the original decision and ordered the USCIS to approve the I-140 petition.  (Grace Korean United Methodist Church v. Chertoff, 11/3/05 ).
http://www.lexisnexis.com/practiceareas/immigration/pdfs/web933.pdf

 

USCIS ISSUES REMINDER FOR ADJUSTMENT OF STATUS APPLICANTS TO OBTAIN ADVANCE PAROLE BEFORE HOLIDAY TRAVELS

In a press release dated November 2, 2005 , the USCIS is reminding individuals with a pending application for adjustment of status petition to obtain an Advance Parole document prior to traveling during the busy holiday season. Traveling without this documentation or other travel authorization can result in severe consequences for applicants who will be unable to return to the United States and may result in their applications being denied. Advance Parole may be obtained by filing a Form I-131, Application for Travel Document with the USCIS prior to traveling abroad (recommended file at least 3-5 months prior to travel).

http://uscis.gov/graphics/publicaffairs/newsrels/TravelAdvisory110205.pdf

 

COUNTRIES MEET OCT. 26TH DEADLINE FOR DIGITAL-PHOTO PASSPORT

The US Dept. of Homeland Security has announced that 25 of 27 countries in the Visa Waiver Program (VWP) have reached “full compliance” with an Oct. 26th deadline requiring production of passports with digital photographs.

http://www.unitedstatesvisas.gov/visanews/index.html

  
 

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