| | The Business Immigration Monthly is Hammond Law Group’s latest web-based newsletter, 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 2008 Visa Bulletin
The Department of State has released the April Visa Bulletin. Although most categories experienced movement forward, the big news was the reopening of the Indian EB2 category. Previously unavailable, the Department of State writes, “It has been determined that based on the current level of demand being received, primarily by Citizenship and Immigration Services Offices, there would be otherwise unused numbers in the Employment Second preference category. As a result, numbers have once again become available to the India Employment Second preference category. The rate of number use in the Employment Second preference category will continue to be monitored, and it may be necessary to make adjustments should the level of demand increase substantially.” EB2 India has been moved to December 1, 2003.
For full visa bulletin see: http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
USCIS Announces Interim Rule Impacting H-1(b) Filings
The USCIS has announced an interim final rule that prohibits employers from filing multiple H-1B petitions for the same employee. The rule was promulgated to ensure a “fair and orderly distribution” of H-1B visas under the cap. USCIS will deny or revoke multiple petitions filed by an employer for the same H-1B worker and will not refund the filing fees submitted with the multiple filings. The rule, however, does not preclude filings from related employers (e.g. parent and subsidiary) for the same alien in different positions, provided they are based on legitimate business needs. In this same rule, the USCIS stated that if the cap is met within the first five business days, they will apply the random selection process to all petitions received during this time period. The same process will apply to the 20,000 advanced degree limit if met within the first five business days. Lastly, the rule states that the USCIS will deny petitions incorrectly claiming an exemption from the H-1B cap. The filing fees for these petitions will not be returned. The rule became effective upon publication in the Federal Register on March 24th.
http://www.hammondlawfirm.com/alerts/uscis-to-allow-h-1-filings-until-april-7.htm
Federal Register Link
In Wake of H-1b Cap, Media Sheds Light on Visa Problem
In a recent Washington Post article entitled “Visas Needed”, the author comments on the how the limited number of H1B visas fails to meet the current needs of companies, causing these companies to look overseas for their resources. The author writes, “[b]ecause lawmakers lack the political will to keep the world’s talent in America, companies are following it overseas, setting up shop in Canada, India, Eastern Europe and other areas where the skills they need are plentiful. As a result, investment and jobs are being shipped abroad.” The author offers a temporary solution of recapturing unused H1B visas from previous years, but does not fail to emphasize that a long-term solution is still needed, writing “[a]llowing the cap to stay so low effectively exiles not only the world’s best and brightest but also the U.S. companies that employ them.” Likewise, an article in the New York Times comments on how the lack of visas has led to New York City being unable to compete with other world capitals. New York based companies are facing difficulties bringing in foreign workers, causing many companies to relocate high-paying jobs to foreign cities. The authors of the article, Patrick McGeehan and Nina Bernstein write, [i]n some cases, foreign-born professionals have grown weary of the struggle to get and renew a work visa in the United States and moved on to cities like London, where they say they feel more welcome.” Citing data from the Partnership for New York City, the article states that in 2006 more than 10,000 companies sought H-1B visas for companies in New York City. With the demand for work visas being so high and the supply once again being so limited this year, it comes as no surprise that the need for more visas is at the forefront of the New York City’s media attention.
For full articles see:
Washington Post Article
New York Times Article
Bill Gates Steps Forward for More Visas
On March 12th, Bill Gates, Chairman of Microsoft, went before the House Committee on Science and Technology to testify on the future of innovation and U.S. competitiveness. Gates’ statements focused on the need for immigration reform, specifically, the need to increase the number of H-1B visas, the need to streamline the path to permanent residence for highly skilled/H-1B caliber individuals, and extending the optional practical training period from 12 months to 29 months to account for the gaps between OPT periods and H-1Bs starting on October 1st. In his statements to Congress, Gates comments, "U.S. innovation has always been based in part on foreign-born scientists and researchers. The fact that [other countries'] smartest people have wanted to come here has been a huge advantage to us, and in a sense, we're kind of throwing that away."
For full Gates’ testimony see:
http://www.microsoft.com/presspass/press/2008/mar08/03-12MSUSInnovationLeadPR.mspx
DHS Announces Supplemental Rule to No-Match Rule
DHS has announced a Supplemental Proposed Rulemaking for the No-Match Rule previously issued on August 15, 2007. This rulemaking gives a detailed analysis of how the No-Match policy was developed and is aimed at helping responsible employers ensure that they are not employing unauthorized workers. The rule does not create new obligations for businesses, but rather outlines the steps employers must follow in response to receiving a letter from the Social Security Administration indicating the employee’s name does not match the Social Security number given. If employers follow these steps to rectify the no-match within 90 days of receiving the letter from the SSA, they will have a safe-harbor from the letter being used against them in an enforcement action.
For supplemental rule see:
http://www.dhs.gov/xlibrary/assets/press_nomatch-snprm.pdf
Increased Civil Fines for Employers
The U.S. government has announced higher civil fines against employers for immigration violations. The new rule will take effect on March 27, 2008. Employers should be aware of the increased emphasis on immigration enforcement. Corporate immigration compliance is essential to the company's credibility among government agencies (Department of Labor, USCIS, and consulates worldwide) and also important for public relations. But perhaps most importantly, corporations that do not fully comply with the immigration laws can face substantial fines and criminal prosecution. The punishment may extend not only to the corporation itself but also to HR managers, legal counsel, owners and other corporate employees involved in the immigration process. If you have any questions about immigration compliance, please contact your HLG attorney.
http://www.hammondlawfirm.com/alerts/increased-civil-immigration-fines-for-employers.htm
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