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. SEPTEMBER FEATURED ARTICLE Written by John Rotterman, Attorney 
OCTOBER VISA BULLETIN RELEASED The Department of State has released the October visa bulletin. The bulletin offers some good news as the EB2 category for India is no longer unavailable (current priority date for EB2 India starting October 1 will be June 15, 2002). There was some movement (on average of about a month or two) in the other categories as well. See: http://travel.state.gov/visa/frvi/bulletin/bulletin_3032.html USCIS ALLOWS PREMIUM PROCESSING FOR CERTAIN I-140 PETITIONS On August 28th, the USCIS began accepting Premium Processing requests for I-140 Immigrant Petitions filed within the following categories: EB-3 Professionals (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Premium Processing remains unavailable for the remaining employment-based preference categories, including the EB-3 “other workers,” EB-1 Manager/Executives, and EB-2 Advanced Degree Professionals categories.
Recently, the USCIS has further clarified that premium processing will not be available for cases involving a second filing of a Form I-140 petition while an initial I-140 remains pending; Labor Certification substitution requests; and duplicate Labor Certification requests (i.e. cases filed without an original labor certification from the DOL). The USCIS has stated the reason for these further limitations is to ensure a 15 calendar day processing time, which cannot be guaranteed if the Service has to locate and transfer other files or documents internally or has to request documents from an outside agency, which occurs with multiple filing or substitution cases.
Premium processing allows Petitioners to pay a $1000 fee to have their case processed within 15-calendar days from receipt of the petition. http://www.hammondlawfirm.com/alerts/08.18.2006_alert.htm
http://www.uscis.gov/graphics/publicaffairs/newsrels/PremProc081806NR.pdf THE FINAL PUSH Although Congress has returned to session after a month-long recess, many are skeptical that any comprehensive immigration reform will be passed before the November elections. HLG encourages all to contact their congressmen and women to voice your opinion on recent immigration issues. The American Immigration Lawyer’s Association (AILA) has created a handy tool that allows one to easily let their Congressional representatives know how they feel about immigration. It takes under 3 minutes! Take a minute (or three) and let your representatives know that you support CIR (Comprehensive Immigration Reform), the SKIL Bill and H-1 Cap relief? You can find the tool on our blog. http://hammondlawgroup.blogspot.com/2006/08/write-your-congressmanaila-has-created.html
ARTICLE DETAILS PERSONAL ACCOUNTS OF THE IMPACT OF H-1B SHORTAGES AND GREEN CARD BACKLOGS ON US EMPLOYMENT An article published on CompeteAmerica.org, entitled “H-1B Visa and EB Green Card Stories: America’s Losses Are Our Foreign Competitors’ Gains- Personal Accounts of the Crisis”, details a number of stories regarding individuals holding valuable knowledge and skills who were negatively impacted by the either the H-1B visa shortage or the backlog in Green Card numbers. The author writes, “[e]ach story details how the unrealistic caps in both programs impede U.S. employers’ ability to recruit and retain much-needed foreign talent and the difficulties that are in turn imposed on these sought-after employees. Eventually, many of these professionals will have no choice but to leave the United States and take their valuable skill sets with them, which hurts U.S. competitiveness, our economy and workforce.” For full article see: http://www.hammondlawfirm.com/monthly/CompeteAmerica_article.pdf
AYTES MEMO RELEASED ON ELIMINATION OF EAD CARDS AT LOCAL OFFICES Acting Director of Domestic Operations, Michael Aytes, has released a memo clarifying the elimination of the Form I-688B, Employment Authorization Card (EAD) production at local offices. Starting September 1, 2006, local field offices were no longer accepting locally produced EADs. Instead, officers will be sending applications received at local offices to the Chicago Lockbox or appropriate Service Center for processing. Beginning October 1, 2006, any EAD application received by the local office will be returned to the applicant with a letter advising the applicant to file either with the Chicago Lockbox or appropriate Service Center. For full memo see ILW.com at:
http://www.ilw.com/immigdaily/news/2006,0913-aytes.pdf ARTICLE WARNS EMPLOYERS OF SANCTION RISKS A recent New York Law Journal article entitled “Criminalizing Employer Sanctions: Employers Walk a Tightrope”, offers employers a background of the risks involved with noncompliance. Attorneys Stanley Mailman and Stephen Yale-Loehr, summarize the background behind employer sanctions and recent prosecutions of companies hiring foreign nationals. In addition, the article offers a few helpful hints to employers looking to remain complaint with Department of Labor regulations. For full article see:
http://www.law.com/jsp/nylj/PubArticleNY.jsphubtype=FeaturedContent&id=1156425446156 HLG TO HOLD FREE SEMINAR IN NEW JERSEY HLG is planning on holding a free seminar for employers and employees in the Edison, New Jersey area on October 17th at the Courtyard Marriott, Woodbridge New Jersey. Featured speakers will be HLG’s own Mike Hammond, Chris Musillo, and Amy Dalal. Registration is now open via HLG’s website. Limited registration, so make sure to register early!
http://hammondlawfirm.com/immigration_outlook102006.htm MIKE HAMMOND SELECTED AS MENTOR FOR OHIO LAWYER MENTORING PROGRAM Hammond Law Group Founder, Mike Hammond, has been selected to participate in a one-year voluntary mentoring program developed by the Supreme Court Commission on Professionalism. Mike joins a select group of attorneys who were nominated based on their reputations in their local communities and proven commitment to the highest standards of ethics. "I am grateful for their dedication to improving the practice of law, their willingness to participate and their desire to help shape the future of the legal profession." says Chief Justice Thomas J. Moyer http://www.sconet.state.oh.us/default_highres.asp
SECOND EDITION OF THE BUSINESS IMMIGRATION JOURNAL RELEASED HLG has released its second edition of the Business Immigration Journal (BIJ). The Journal contains articles containing important information for employers and employees alike and HLG commentary on various immigration topics from Retrogression, to consulate delays, to immigration in today’s world. To request a hard copy, please contact cmm@hammondlawfirm.com.
View online: http://hammondlawfirm.com/2006bij.pdf |