| | 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.
June 2008 Visa Bulletin
The Department of State has released the June Visa Bulletin. There was little movement from the May Bulletin with only EB2 China and EB2 India moving from January 1, 2004 to April 1, 2004. All other categories remained unchanged. Indications from this most recent visa bulletin are that the EB3 category is soon to be exhausted leaving many, if not all, EB3 categories to experience retrogression or unavailability until next fiscal year which begins October 1, 2008.
For full visa bulletin see: http://travel.state.gov/visa/frvi/bulletin/bulletin_4231.html
Department of Justice Settle H-1B Ad Case
A recent ComputerWorld article entitled “DOJ settles H-1B job ad case for $45,000” sheds light on a common violation by computer consulting companies. In the case, a Pittsburgh based company was fined $45,000 in civil penalties to settle allegations brought in a complaint filed by the Programmers Guild, that it had discriminated against US citizens by placing job announcements specifically directed at H-1B workers. The company, iGate Mastech Inc. placed 30 job announcements that specified that “Only H-1s apply, and should be willing to transfer H-1B”. These announcements clearly discriminate against US workers in favor of cheap H-1B workers. As such, the Guild is worker hard to combat this issue as John Miano, founder of Guild states, “We are only scratching the surface right now with the companies that are brazen enough to put out ads like these.”
For full article see: Abbreviated Link
USCIS Releases Supplemental Q&A to OPT Extension
The USCIS has released a supplemental set of questions and answers to the OPT extension interim rule issued on April 4. 2008. This Q&A clarifies questions concerning both the cap gap provision and the STEM degree extension. Among the most interesting clarifications, the USCIS clarifies that if a student decides to travel during the “cap gap” period they will not be permitted to return on an F-1 visa. Rather, they will have to obtain an H-1B visa and reenter after the H-1B becomes effective (October 1st). In addition, the USCIS clarifies that for a student to benefit from the OPT STEM extension, it is the degree that is the basis for the OPT that must be a STEM degree.
For full Q & A see: Abbreviated Link
USCIS Issues Proposal to Extend Periods of Stay for TN Visas
On May 6, 2008, the USCIS announced that it was publishing a Notice of Proposed Rulemaking (NPRM) to increase the maximum amount of time a TN worker from Canada or Mexico can remain in the US before seeking readmission or obtaining an extension of stay. The proposal will extend the maximum period of admission from 1 year to 3 years. Unlike other visa categories, there is no limit on how many extensions of stay a TN worker may request. The proposal will soon be published in the Federal Register and be open for public comment period.
Abbrevidated Link
Online Foreign Degress Equivalency Database
Word has spread that the USCIS service centers are using the online AACRAO EDGE (American Association of Collegiate Registrars and Admissions Officers; EDGE is the Electronic Database for Global Education database) system to issue RFEs in EB2 and EB3 I-140 cases. These RFEs challenge or question the equivalency of the Beneficiary’s degree to the US degree required in the approved labor certification application.
The online database can be accessed by annual subscription here: http://aacraoedge.aacrao.org/ |
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