USCIS CONTINUES TO ACCEPT FY2011 H-1BS; ONLY 22,900 RECEIVED UNDER GENERAL CAP

As of June 18th, 2010, the USCIS had received only 22,900 H-1B petitions counting toward the 65,000 general cap; and only 9,700 petitions for individuals with advanced degrees. These numbers leave more than 40,000 slots still open for new H-1B cases.  More information can be found HERE.

FIRST COMPLAINT FILED AGAINST THE NEUFELD MEMO

On June 8th, the first, of possibly many complaints was filed in the US District Court for the District of Columbia challenging the USCIS’ application of the January 8, 2010 Neufeld memorandum’s definition of employer-employee relationships when adjudicating H-1B petitions filed by staffing companies. In the application for preliminary injunction and complaint, the Plaintiffs, Broadgate Inc., Logic Planet, Inc., DVR Softek Inc., TechServe Alliance, and the American Staffing Association, allege that the “economic impact associated with the Neufeld Memorandum is substantial, immediate, and irreparable.” The Plaintiffs are requesting the Court issue a preliminary injunction enjoining the USCIS from applying the Neufeld memo’s definition of employer-employee relationship when adjudicating H-1B visa applications from contractors that place professionals at third-party work sites. Further, the Plaintiffs are requesting the court enter a permanent injunction vacating the Neufeld memo as invalid. District Court Judge Gladys Kessler will be hearing the case. HLG will keep you posted when there are further updates with this case.

 

For copy of Complaint click HERE.

For updates regarding the litigation click HERE.

USCIS PROPOSES FEE INCREASE
 

The USCIS is proposing to increase certain immigration and naturalization fees. According to the USCIS, following a comprehensive fee study it was determined that the current fee structure does not recover the full costs of the services provided and adjustments are necessary to recover costs and maintain adequate service. Fees are set to increase by a weighted average of 10 percent. Further DHS proposes to add three new fees: i.e. Regional Center designation under the Immigrant Investor Pilot Program; Civil Surgeon designation; and Immigrant Visas. Written comments to these increases and additions must be submitted to the USCIS on or before July 26, 2010.

For Federal Register section click HERE.

USCIS ANNOUNCES CHANGES TO E-VERIFY
 

The USCIS has announced significant changes are coming to the E-Verify that will enhance its usability, security, accuracy and efficiency. USCIS reports the newly designed E-Verify features a clean and modern design, easy and intuitive navigation, and clear and simple language. Employers will be required to complete a tutorial prior to using the redesigned system for the first time. For more information about the redesign and required tutorial click HERE.

SAVE THE DATE

HLG has two Healthcare seminars coming up in Fall 2010:

September 17^th- HLG will be holding a healthcare seminar in San Francisco, California.

October 22^nd- HLG will hold its Sixth Annual Symposium on the International Recruitment of Healthcare Workers in Fort Lauderdale, Florida.

More Details to Follow…..stay tuned to www.hammondlawfirm.com!

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 that:

For Advanced Parole, you must be in the country when the case is filed and also when the case is being processed. Leaving the US prior to the approval of the AP document puts the case at risk of being considered abandoned and denied.