Volume 6, Issue 5, May 2010

 

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


 

June Visa Bulletin

The Department of State has released the June Visa Bulletin here:  http://travel.state.gov/visa/frvi/bulletin/bulletin_4879.html
 

There has been some slight movement in most of the categories, the exceptions being EB2 India which has remained at February 1, 2005 and Mexico EB3 which has remained unavailable. The Dominican Republic has also been added to the visa bulletin as a separate category.

 

CURRENT PERM PROCESSING TIMES

As of 4/30/2010, the Department of Labor was processing PERM cases in the following manner:

 

Processing Queue

Priority Dates

Analyst Review July 2009
Audits April 2008
Standard Appeals November 2007
Gov't Error Appeals Current

USCIS CONTINUES TO ACCEPT FY2011 H-1BS; ONLY 19,600 RECEIVED UNDER GENERAL CAP
As of May 21st, 2010, the USCIS had received only 19,600 H-1B petitions counting toward the 65,000 general cap; and only 8,200 petitions for individuals with advanced degrees. These numbers leave more than 50,000 slots still open for new H-1B cases. More information can be found HERE.

USCIS TO REDESIGN GREEN CARD
The USCIS has announced that starting May 11th, it will be issuing redesigned “green cards”. These cards will include new security features which will help to prevent counterfeiting, obstruct tampering, and facilitate quick and accurate authentication.  Ironically, these redesigned cards are actually true to their name and will be in green in color. More information can be found HERE.

USCIS RELEASES H-1B “ADVISOR” FOR EMPLOYERS AND EMPLOYEES
The US Department of Labor has created and released a new tool to help H-1B employers and others understand how to comply with the H-1B program requirements. This online “advisor” both describes the H-1B program and provides detailed information about employers’ and workers’ rights and responsibilities under the program, including notification requirements, monetary issues, worksite issues and recordkeeping. Secretary of Labor Hilda L. Solis describes the goal of the new tool as working to “provide employers and the public with user-friendly information regarding both the rights and responsibilities under the H-1B program. The new online advisor harnesses technology to help take the mystery out of the new rules, and it offers an important resource to workers and employers alike.”
http://www.dol.gov/opa/media/press/asp/oasp20100563.htm

The online “advisor” can be found HERE.

AMERICANS RANK IMMIGRATION TOP PROBLEM
A new Gallup poll has found that 10% of those surveyed find immigration as the most serious problem currently being faced by the nation. This is up two percent from just one month ago, and it is at the highest level in more than two years. The poll also found that the concern over immigration is the highest in the West and among Republicans and conservatives. These increased levels most likely are a result of the increased media attention given to the controversial Arizona immigration law.  It will be interesting to see if this trend in public opinion continues.

http://caffertyfile.blogs.cnn.com/2010/05/12/americans-citing-immigration-as-top-problem-highest-in-2-years/?hpt=T2

ARIZONA STATE BILL 1070
The recent passage of Arizona State Bill 1070 has caused a media uproar. The bill allows law enforcement officers to arrest a suspect without a warrant if the officer has probably cause to believe that the person has committed any public offense that makes the person removable from the US. Critics have claimed this bill gives law enforcement free reign to commit acts of racial profiling. If a person does not hold the appropriate documents to prove immigration status, under the Act, law enforcement has the right to detain these individuals until the status is verified with federal immigration authorities. This could mean a number of hours or days in lockup. HLG clients residing in and/or working in Arizona are encouraged to contact HLG for guidance on the appropriate documents to carry.

For full Bill see: http://www.azleg.gov/DocumentsForBill.asp?Bill_Number=SB1070

As a result of the passage of the State Bill 1070, Los Angeles has imposed an economic boycott on any new business with Arizona. The decision also suspends any city-related travel to Arizona. In support of the boycott, LA Councilman Ed Reyes comments, “I cannot go to Arizona today without a passport. If I come across an officer who's had a bad day and feels the picture on my ID is not me, I could be summarily deported -- no questions asked. That is not American.” It is suspected that several other cities will soon follow in LA’s footsteps.
http://www.reuters.com/article/idUSTRE64B64S20100513


USCIS REAPPROVES FCCPT TO ISSUE HEALTHCARE WORKER CERTIFICATES

The Foreign Credentialing Commission on Physical Therapy, also known as FCCPT, recently announced that it has been re-approved by USCIS to issue Healthcare Worker Certificates for an additional 5 years, through 2015. Healthcare Worker Certificates, also common referred to as “visascreens” are required for admission to work in the United States for a variety of healthcare workers. FCCPT is responsible for issuing certificates required to enter and work as a Physical Therapist. More information is available at http://www.fccpt.org.

CALIFORNIA BOARD OF RNS REQUIRING SSN FOR LICENSE
The California Board of Registered Nursing has announced that is will no longer accept an application for a California nursing license which does not contain a U.S. Social Security Number. In the past, the California Board of Nursing has accepted and processed applications but withheld issuance of the actual license until the Social Security number was presented. This may present significant difficulties in the future for foreign national candidates attempting to obtain a California nursing license. HLG is in contact with the Board to see if there is any way to work around this requirement. More information is available here:
http://www.rn.ca.gov/pdfs/applicants/ssninfo.pdf

 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:

You can file for your Employment Authorization Document (EAD) and Advanced Parole (AP) travel authorization extensions no earlier than 4 months prior to the expiration of these documents. It takes approximately 90 days for these to be processed by the USCIS

 
 

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