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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.
HAMMOND LAW GROUP OFFERS FREE PERM SEMINAR IN OAKLAND, CALIFORNIA
Clients & Friends of HLG are invited to attend a PERM seminar hosted jointly by HLG & Immpro. Topics included are: The PERM process and how it has changed labor certification, Dealing with prevailing wages issues, Unique issues that confront IT consulting firms and others who have employees frequently changing locations or traveling, Update on cases at the Backlog Reduction Center, Obtaining EB2 designation under the PERM rules, Dealing with 7th year H-1 extensions in light of EB3 retrogression,
Q & A. Please join HLG attorneys Michael Hammond & Amy Dalal for a FREE seminar at the Oakland Marriott City Center in Oakland, CA on Monday, September 26, 2005 from 7:00-9:00 p.m. Please register at
http://www.immpro.com/hammond.html
and type in "hammond" in the redeem coupon area for FREE registration.
HAMMOND LAW GROUP TO EXHIBIT AT THE 2005 NCHRA CONFERENCE (SEPT. 26-27, 2005)
HLG will be attending the Northern California Human Resources Association (NCHRA) conference, Northern California’s largest regional HR conference. Held annually, the conference attracts over 1,000 HR professionals
each year. HLG will be exhibiting at the conference and welcomes attendees to stop by our booth.
http://www.nchra.org/scriptcontent/custom/e-index.cfm?PAGE=annconf.htm§ion=home
USCIS RAISES FILING FEES FOR AAO APPEALS AND MOTIONS TO REOPEN OR RECONSIDER
On August 29, 2005, the USCIS announced that it had raised filing fees for appeals of, and motions to reopen or reconsider, any decision made under the immigration laws in any proceedings, other than BIA appeals (8 CFR 1003.1(b)). This fee increase, in particular, targets those cases falling under Administrative Appeal Office jurisdiction.
http://a257.g.akamaitech.net/7/257/2422/01jan20051800/edocket.access.gpo.gov/2005/pdf/05-17132.pdf
DOL REVISES PERM FAQ
The DOL has released a revised PERM FAQ dated August 8, 2005, which eliminates its prior response to the following question, “Under PERM, is it permissible for an employer to have more than one labor certification application actively in process for the same alien at any given time? What should an employer do if it has already filed multiple applications for the same alien.” The DOL response to this question caused much confusion and negative reaction, leading to the retraction.
http://ows.doleta.gov/foreign/pdf/perm_faqs_8-8-05.pdf
The original FAQ can be found here:
http://www.ilw.com/immigdaily/news/2005,0816-perm.pdf
H-1Bs STILL AVAILABLE FOR US MASTERS OR HIGHER GRADUATES
USCIS has confirmed that H-1B numbers remain for both fiscal years 2005 and 2006 for graduates of US masters degrees or higher programs. For applications filed under fiscal year 2005 (i.e. those with a start date earlier than October 1, 2005) please make sure they are sent to the Vermont Service Center. For those petitions being filed under the fiscal year 2006 (i.e. those with a start date of October 1, 2005 or later) should be filed at the service center having jurisdiction over the place of employment.
http://www.hammondlawfirm.com/alerts/08.12.2005_alert.htm
EB VISAS SHUTTING DOWN
According to the September Visa Bulletin issued by the Department of State, "The backlog reduction efforts of both Citizenship and Immigration Services, and the Department of Labor continue to result in very heavy demand for Employment-based numbers. It is anticipated that the amount of such cases will be sufficient to use all available numbers in many categories. As a result cut-off dates in the Employment Third preference category will apply to the China, India, and Philippines chargeabilities beginning in October, and it is possible that Mexico may be added to this list. In addition, it is anticipated that heavy demand will require the establishment of a Third preference cut-off date on a Worldwide basis by December. The amount of Employment demand for applicants from China and India is also likely to result in the
oversubscription of the Employment First and Second preference categories for those chargeability areas. The establishment of such cut-off dates is expected to occur no later than December. The level of demand in the Employment categories is expected to be far in excess of the annual limits, and once established, cut- off date movements are likely to be slow."
This is the first official statement warning that EB numbers may be headed for a long term crisis. Worldwide EB-3 numbers will be severely retrogressed from December 2005 to end of Fiscal Year 2006. Further, EB-1 and EB-2 numbers for China and India will not be current from December 2005 onwards to the end of Fiscal Year 2006. Ironically, it is the improved efficiency of USCIS and DOL that is the cause of the looming EB visa crisis. Comprehensive immigration reform which will address permanent numbers cannot come soon enough.
http://travel.state.gov/visa/frvi/bulletin/bulletin_2616.html
E3 VISAS AVAILABLE FOR AUSTRALIANS
The Department of State has just announced regulations enacting the E3 visa. The E3 adds a new nonimmigrant visa classification for Australian nationals who are coming to the United States solely to perform services in a specialty occupation. The new E-3 visa classification also allows spouses and children of E-3 to enter the US. The E-3 visa classification is numerically limited, with a maximum of 10,500 visas available annually. Spouses and children do not count against the numerical limitation nor are they required to possess the nationality of the principal. A Labor Condition Application (LCA), containing attestations by the sponsoring employer related to wages and working conditions, must be filed with and approved by the Department of Labor ( DOL ). At the time of visa application, the visa applicant must present the consular officer with the original or copy of the approved LCA.
As is the case for the spouse of a principal E-1 and E-2 nonimmigrant, the spouse of a qualified E-3 nonimmigrant may, upon admission to the United States, apply for an employment authorization document, which an employer could use to verify the spouse's employment eligibility. Such spousal employment may be in a position other than a specialty occupation.
http://www.hammondlawfirm.com/alerts.htm
HLG PUBLISHES FIRST ANNUAL BUSINESS IMMIGRATION JOURNAL
HLG is proud to announce the first annual publication of the Business Immigration Journal. The BIJ contains articles and commentary regarding the newest information impacting the business immigration world. If you would like to receive a copy of this journal, please email Jenny at
JTL@hammondlawfirm.com.
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