Volume 2.Issue 5 MAY 06 ISSUE

 

The Business Immigration Monthly is Hammond Law Group’s latest 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.

 

H-1B CAP- LATEST UPDATE
On May 3, 2006, the USCIS released the latest update on the FY2007 H-1B cap. As of April 24th, 3,907 cap-subject visas had been approved with 8,806 additional cap-subject cases currently pending. In other words, 12,713 H-1B visas have been used up for this year’s H-1B cap. This leaves approximately 45,487 visas (not including the Singapore and Chile numbers) for the remaining cases. HLG currently projects that at this pace the H-1B cap could be reached by late June-early July 2006.
For further information see:
http://www.hammondlawfirm.com/alerts/05.03.2006_alert.htm

http://www.uscis.gov/graphics/services/tempbenefits/cap.htm


ELIGIBILITY FOR USCIS CAP EXEMPTION FOR US MASTER’S DEGREE OR HIGHER CLARIFIED BY USCIS
In a recent USCIS memo, Acting Associate Director of Domestic Operations, Michael Aytes, clarified the eligibility requirements for the H-1B cap exemption for graduates of Master’s or higher degree programs from US universities. Specifically, the memo provides guidance on determining whether the master’s degree and issuing institution qualify for the requirements under the congressionally mandated exemption.
The memo can be found here:

http://www.hammondlawfirm.com/monthly/h1bmemobim_copy.pdf


USCIS ANNOUNCES BI-SPECIALIZATION
The USCIS has implemented its bi-specialization system whereby service centers work on certain types of cases. As a result, all I-140 cases are filed with the Nebraska Service Center, with the Texas Service Center sharing the workload on I-140 cases (i.e. currently Nebraska is transferring I-140 cases to Texas every other day, resulting in approximately a 50/50 sharing of I-140 cases between Nebraska and Texas). Pending I-140 files from the Vermont and California Service Centers have already transferred their files to Texas. HLG has already seen Texas approving some of the files that have been transferred. In addition, all I-129 cases are now to be sent to the Vermont Service Center, to be adjudicated by the Vermont and California service centers. The bi-specialization system is expected to result in greater efficiency and consistency.
http://www.hammondlawfirm.com/alerts/03.27.2006_alert.htm


SOCIAL SECURITY ADMINISTRATION POLICY GUIDANCE RELEASED REGARDING “NO-MATCH” LETTER INQUIRIES
The American Immigration Lawyers Administration (AILA) has been provided a copy of the Social Security Administration’s (SSA) policy on the processing of “no-match” letter inquiries. The SSA has clarified that the purpose behind the letters is not to imply that the employer or employee intentionally provided false information to the government, but to encourage employers to correct their records and ensure accurate reporting of employers’ names and social security numbers.
http://www.ssa.gov/

http://www.aila.org/


CONGRESSIONAL RESEARCH SERVICE RELEASES LATEST NUMBERS ON PERMANENT ADMISSION
The Congressional Research Service (CRS) recently released a report commenting on the latest numbers for permanent residence by foreign nationals. In the report, CRS notes that during FY2004, a total of 946,142 foreign nationals became Legal Permanent Residents (LPR) (65.6% of which entered based on family ties). Mexico led the countries with 175,364 aliens becoming LPRs, followed by India with 70,116 LPRs, and the Philippines with 57,827 LPRs. These three countries accounted for almost one-third of the total LPRs for FY2004.
For further details see ILW.com at
http://www.ilw.com/immigdaily/news/2006,0425-crs.pdf


SENATE TO RESUME IMMIGRATION DEBATE THIS WEEK
The Senate will begin considering S.2611, the Comprehensive Immigration Reform Act of 2006, on Monday, May 15th. Majority Leader Frist is pushing for the bill to be passed before the Memorial Day Recess, which begins on May 29th. HLG encourages all clients and others to contact your Senator and voice your opinion in favor of the Comprehensive Bill.
For further contact information see:

http://capwiz.com/aila2/dbq/officials/


EMPLOYERS' REQUIREMENTS FOR THE I-9 FORM
In a recent article published on ILW.com entitled, “Renewed Form I-9 Employment Eligibility Verification Enforcement: How Employers and HR Reps Should Protect Themselves”, Robert F. Loughran and Jennifer Walker Gates remind employers of their obligations under the I-9 regulations and the penalties for noncompliance.
For full article see:

http://www.ilw.com/articles/2006,0511-loughran.shtm


DELAY IN GETTING THE GREEN CARD?
The USCIS has implemented an email system to inquire when there is a long delay between a case approval and receiving the green card. Normally, the USCIS is issuing green cards within a few weeks of the approval of the I-485 petition. If it takes more than 4 months to get the actual green card in the mail, contact your attorney at Hammond Law Group.
http://www.hammondlawfirm.com/main.htm

 
 

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