| | 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.
July 2008 Visa Bulletin
The Department of State has released the July Visa Bulletin. While most categories remained unchanged, the EB3 category for all countries became unavailable. According to the Department of State this movement is temporary, stating “Demand for numbers, primarily by USCIS for adjustment of status cases, will bring the entire Employment Third preference category to the annual numerical limit by the end of June. As a result, this category will become “unavailable” beginning in July and will remain so for the remainder of FY-2008. Such action will only be temporary, however, and Employment Third preference availability will return to the cut-off dates established for June in October, the first month of the new fiscal year.”
For full visa bulletin see: http://travel.state.gov/visa/frvi/bulletin/bulletin_4252.html
USCIS to Resume Premium Processing for Certain I-140 Applications
On June 11th, the USCIS announced that it would re-implement the premium processing option for certain I-140 applications as of July 16, 2008. Only those alien workers nearing the end of their sixth year in H-1B nonimmigrant status are eligible for premium processing. Specifically, it must be proven that the alien meets the following requirements:
- is currently in H-1B nonimmigrant status
- will reach the end of their 6th year of their H-1B nonimmigrant stay in 60 days
- are only eligible for a further H-1B extension under AC21 104(c) upon approval of their Form I-140 petition; and
- are ineligible to extend their H-1B status under AC21 106(a).
To see whether you qualify for the premium processing option, please contact your HLG attorney.
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Fact Sheet: Fact Sheet Link
H-1B Update for FY2009 Cases
AILA has learned that selection for H-1B cases under the FY2009 lottery has been completed. Except for cases being reviewed as potential duplicate filings, all receipts have been issued for cases selected and were sent out by May 24, 2008. USCIS has received approximately 500 petitions that are believed to be duplicates but are being reviewed on a case-by-case basis. If the second submission was accompanied by an explanation for the second submission, there is a good chance of acceptance. Unfortunately, the USCIS has determined that the number of petitions selected during the random selection process will be sufficient to meet the cap limit. Therefore, the use of the reserve will not be necessary this year. USCIS has begun to mail out rejections this week.
www.aila.org
H-1B Opponents Challenge OPT STEM Extension in Court
Federal lawsuit has been filed in the US District Court by the Immigration Reform Law Institute and joined by The Programmers Guild and other groups claiming that the Bush administration’s decision to extend the OPT period for students exceeded its legal authority and is simply an effort to get around the H-1B cap limit. Founder of The Programmers Guild, John Miano comments, "They did this with absolutely no legal basis.” He states the OPT extension will hurt US workers who are seeking job training by diverting training resources to foreign workers. Stay tuned to the HLG website for developments in this case.A
http://www.computerworld.com/action/article.do?command=viewArticleBasic&articleId=9091538
USCIS Announces the Issuance of 2 Year EADs
According to Homeland Security Secretary Chertoff, starting June 30th, the USCIS will start issuing Employment Authorization Documents (EAD) valid for a two-year period for those applicants who hold a pending I-485, Adjustment of Status application with a priority date that is not current. USCIS will continue to grant EADs that are valid for one-year periods for adjustment applicants who have a current priority date. This announcement was made to alleviate the burden for applicants who have to wait a number of years to gain LPR status; as Chertoff comments, “This, again, is eliminating a persistent source of frustration for workers who are here, who have a pending adjustment application but have to go and renew their employment documents every single year. It's going to cut the paperwork there.”
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Fact Sheet:
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National Immigration Law Firm to be Audited by the DOL
Recently the Department of Labor announced that all of the PERM labor certification filings made by one of the largest immigration law firms in the country will be subject to audit due to claims of the law firm being improperly involved in the rejection of US workers. The DOL has received information indicating that in at least some cases the firm improperly instructed clients who filed PERM applications to contact their attorney before hiring apparently qualified U.S. workers. The audits will determine which, if any, applications should be denied or placed into department-supervised recruitment because of improper attorney involvement in the consideration of U.S. worker applicants. Given the vague nature of the Regulation involved, this action could prove to be enlightening and provide much needed drawing of lines between the employer, alien, and the law firms’ role in the PERM process.
http://www.ilw.com/immigdaily/news/2008,0603-audit.shtm
USCIS Centralizes Naturalizaton Application Processing
The USCIS has released an update announcing the centralization of naturalization application processing at its National Benefits Center in Missouri. The administrative change will not alter where applicants file their N-400 applications; however, each application will be transferred to the National Benefits Center in an effort to increase efficiency. Applicants should receive a transfer notice once their application has been moved.
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