| | The Business Immigration Monthly is Hammond Law Group’s 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. News items will be of particular interest to those in the Healthcare, IT and staffing industries.
Featured Article
January Visa Bulletin
The Department of State has released the January Visa Bulletin here: http://travel.state.gov/visa/frvi/bulletin/bulletin_4597.html. Unfortunately there is not much movement in any of the categories with the biggest jump coming in EB3 All Chargeability moving ahead two months to August 1, 2002. With the release of this visa bulletin, however, the Department of State has issued some projections for the future.
Not surprisingly, the Department of State said it is unlikely there will be any cut-offs in the First Preference Categories. China and India in the second preference category have the potential to become unavailable due to heavy demand. The Department of State issued the following projections for movement during Fiscal Year 2010 (which ends September 30, 2010):
Second Preference Category:
* China: should process through October 2005 cases
* India: should process early March 2005 cases
Third Preference Category:
* Worldwide category: should process through August 2005 cases
* China: should process through September 2003 cases
* India: should process through February 2002 cases
* Mexico: should process through June 2004 cases
* Philippines: should process through August 2005 cases
This does not take into account cases that may be withdrawn or denied, which would create further movement for cases that remain in the pipeline. These projections from the Department of State are based upon a combination of statistics that have been made available in the last few months, such as cases pending at the Department of Labor, cases pending at USCIS with approved I-140's, and I-485 cases pending at USCIS.
Updated H-1B Numbers for FY 2010 H-1B Cap
The USCIS has released the latest H-1B cap numbers. As of December 11, 2009, approximately 62,900 H-1B cap-subject petitions had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.
On December 1st, USCIS representatives shared some latest news on the H-1b cap usage. USCIS indicated that there has been a recent "uptick" in receipts in the last two weeks, including approximately 2000 petitions being received by their offices in the days before the Thanksgiving holidays. USCIS also confirmed that the demand for the H-1B1s for Chile and Singapore has been small this year, thereby resulting in some additional numbers being added back to the "general pool". Despite these additional numbers, employers are encouraged to file any new H-1B petition quickly, particularly given the heightened demand for H-1Bs in the last few weeks.
http://www.uscis.gov/
Comprehensive Immigration Reform Introduced in Congress
Rep. Gutierrez (D-IL) introduced his much-promised Comprehensive Immigration Reform Bill in Congress last Tuesday. The Bill is called the Comprehensive Immigration Reform for America’s Safety and Protection (CIR ASAP). Among its provisions, the Bill provides for a Backlog Reduction through the recapture of unused employment-based visas from fiscal years 1992 to 2008; exemption of dependents from the annual cap; an increase in the per-country limits; and the ability to file for Adjustment of Status before the visa numbers become available by paying an extra $500 fee. The Bill also provides for E-verify to be applicable to all employers; requirements for H-1B employers to attempt to recruit US workers before applying for H-1Bs; increased penalties for H-1B and L-1 violations; and a six year conditional nonimmigrant status to foreign nationals in the US illegally. As to his introduction of the Bill, Rep. Gutierrez commented, “We have waited patiently for a workable solution to our immigration crisis to be taken up by this Congress and our President. The time for waiting is over.”
For updated information stay tuned to our blog at: http://hammondlawgroup.blogspot.com/
DOL to Centralize Prevailing Wage Determinations
The Department of Labor has announced that as of January 1, 2010, the Office of Foreign Labor Certification National Prevailing Wage and Helpdesk Center in Washington, DC, will receive and process prevailing wage determination requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs. For the Notice in the Federal Register see: http://frwebgate4.access.gpo.gov/cgi-bin/PDFgate.cgi?WAISdocID=960032404126+0+2+0&WAISaction=retrieve
ICE Announces 1,000 Audits
On November 20, 2009, U.S. Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country alerting business owners that ICE will audit their hiring records to determine compliance with employment eligibility verification laws. "ICE is focused on finding and penalizing employers who believe they can unfairly get ahead by cultivating illegal workplaces," said Assistant Secretary Morton. "We are increasing criminal and civil enforcement of immigration-related employment laws and imposing smart, tough employer sanctions to even the playing field for employers who play by the rules." The 1,000 businesses served with audit notices this week were selected for inspection as a result of investigative leads and intelligence and because of the business' connection to public safety and national security. The names and locations of the businesses have not been released to the public. For more information, contact your HLG attorney.
http://www.ice.gov/pi/nr/0911/091119washingtondc2.htm
HPV Vaccination No Longer Required to Become Green Card Holder
On November 13th, the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) announced new criteria for determining which vaccinations would be required for legal permanent resident applicants. The CDC said it will require immunizations for which there is a public health need at the time the person immigrates or changes their status to green card holder. Specifically, based on this new criterion the vaccines for herpes zoster (zoster) and human papillomavirus (HPV), will no longer be required for immigration purposes. Many are happy that the HPV vaccine, which was added to the vaccination list in July 2008 for females between the ages of 11 and 26 applying for legal permanent resident status , is no longer required, particularly given that the three-shot series cost anywhere from $400 to $1000. http://www.uscis.gov/
Report Highlights Importance of Highly Skilled Immigrants to the US
A new report released by the Center for American Progress, entitled “Prosperous Immigrants, Prosperous Americans: How to Welcome the World’s Best Educated, Boost Economic Growth, and Create Jobs”, highlights the importance of highly skilled immigrants to the US economy, but maintains that “arbitrary restrictions” prevents companies from fully utilizing this critical talent pool. “Reforming our high-skilled immigration system will stimulate innovation, enhance competitiveness, and help cultivate a flexible, highly-skilled U.S. workforce while protecting US worker from globalization’s destabilizing effects,” advocates the report. To assist this reform effort, the report pushes a market-based mechanism for setting the annual H-1B limits for skilled foreign workers, raising the green card cap, and streamlining the process for obtaining a green card.
The report also addresses a key concern for those in opposition of allowing more skilled workers into the US; that is bringing in foreign workers, despite their skill level, depresses domestic wage levels and may impact job availability for Americans. The report writes, “The end goal must be a system that inherently preferences the hiring of U.S. workers, but streamlines access to needed foreign workers and treats all workers employed in the United States on a level plane. Reforms that enhance legal immigration channels for high-skilled immigrants must be complemented with reforms to ensure that a worker’s immigration status cannot be used to manipulate wages and working conditions.” For full report see:http://www.americanprogress.org/issues/2009/12/high_skilled_immigrants.html
Did You Know?
In this new section, each month HLG will be sharing a basic rules and regulations that both employers who hire nonimmigrant workers and employees who are on nonimmigrant visas should know.
Did you know?
- If you travel out of the US while your change of status petition (e.g. F1 to H1B status) is pending, the petition is considered abandoned.
- You can travel out of the US while your extension petition (i.e. extending the status you are currently in H1B to H1B) is pending, but you will want to speak to your HLG attorney prior to traveling for more information.
HAPPY HOLIDAYS FROM HLG!!!! |
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