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IMMIGRATION NEWS CENTER

Judiciary Committee sent the Immigration Bill on Senate

May 21, 2013

Washington D.C. - Today, on a bipartisan vote of 13 to 5, the Senate Judiciary Committee voted to pass Senate Bill 744, the Border Security, Economic Opportunity, and Immigration Modernization Act, out of the committe and on to the Senate floor for a full vote in the coming days. The Senate committee mark-up spanned three weeks and covered many of the 300 amendments offered on every aspect of the bill. The resulting legislation represents a concerted effort to find a workable and fair immigration policy that makes our nation stronger.

The following is a statement by Benjamin Johnson, Executive Director of the American Immigration Council:

“We congratulate Senator Leahy and the entire Senate Judiciary Committee on the spirit of deliberation, collaboration, and transparency that marked the process. Many amendments added during the mark-up will strengthen the bill in the areas of high-skilled immigration, protections for vulnerable groups and due process. However, other amendments, like those attempting to deny citizenship, may have been driven more by rhetoric than reality. In addition, not providing some relief to siblings who face extreme hardships because of their separation and not ending the discrimination against same sex couples legally married in the United States is short-sighted and bad policy. Yet despite these high costs, the overall bill coming out of committee now gives the Senate an important and rare opportunity to complete the task we have been working on for years—passage of a comprehensive immigration reform bill that finally moves us to our goal of fixing our broken immigration system.

Push to Include Gay Couples in Immigration Bill

May 6, 2013

This has been a good year for gay rights advocates — with public opinion shifting in their favor and same-sex marriage advancing in the states — but not when it comes to immigration.

Push to Include Gay Couples in Immigration Bill

Immigration Plan Assailed in New Attack on Cost by DeMint

May 6, 2013

The most significant revision of U.S. immigration laws in a generation will come under a new line of attack for its potential costs to public programs including Social Security and Medicare .

Immigration Plan assailed in new attack on cost by Former Republican Senator, Jim DeMint

Immigraton To Begin Path Through Congress in May

May 1, 2013

The House will take a piecemeal approach toward immigration next month, just as the Senate begins the formal process of tweaking its carefully-crafted comprehensive reform proposal beginning May 9th, 2013.

Immigration to Begin Path through Congress in May

Visa Bulletin for May 2013

April 23, 2013

Visa Bulletin for May 2013

Obama 'confident' immigration bill could pass by summer

April 22, 2013

"President Barack Obama pressed for swift action on a sweeping immigration bill Wednesday, saying last-minute obstacles are "resolvable" and predicting Congress could pass historic legislation by the end of the summer.

President Obama Confident for the Comprehensive Immigration Bill to pass by Summer

USCIS Reaches Fiscal Year 2014 H-1B CAP

April 8, 2013

Since 2008, this is the first time that U.S. Citizenship and Immigration Services reached the statutory H-1B cap of 65,000 for fiscal year 2014 within the first week of the filing period. USCIS has also reached the 20,000 limit for H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.

Fiscal Year 2014 H-1B CAP Reached

Temporary Protected Status Extended for Hondurans

April 04, 2013

USCIS - Temporary Protected Status Extended for Hondurans

Temporary Protected Status Extended for Nicaraguans

April 04, 2013

USCIS - Temporary Protected Status Extended for Nicaraguans

Indian national pleads guilty in false work visa scheme

March 25, 2013

An Indian national, Phani Raju Bhima Raju, pleaded guilty Wednesday to five federal charges ranging from conspiracy to violate U.S. laws to money laundering conspiracy for his participation in a fraudulent scheme to obtain false H-1B immigration visas for foreign workers. The H-1B visa program allows U.S. employers to temporarily employ foreign workers in designated specialty occupations.

Indian National Pleaded Guilty in False Work Visa Scheme

Senators agree on path to legal status for illegal immigrants

March 12, 2013

Senators crafting a bipartisan overhaul of immigration laws agree on a path to legal status, aides say, but other hurdles remain.

McCain: Visa Overhaul Key Hurdle in Immigration Talks

March 11, 2013

Arizona Senator John McCain's interview in which he tells WSJ’s Jerry Seib he’s confident a deal on immigration reform will be struck but says working with labor to revamp the various visa programs looms as an obstacle.

Visa Overhaul Key Hurdle in Immigration Talks

Visa Bulletin for April 2013

March 08, 2013

Visa Bulletin for April 2013

February 19, 2013

Obama’s immigration reform frays nerves, but shows similarities with Marco Rubio’s plan

President Obama’s administration drafted legislation this month that could give undocumented immigrants a pathway to citizenship in eight years, require employers to check workers’ immigration status and increase penalties for those who break immigration law.

Obama’s immigration reform frays nerves, but shows similarities with Marco Rubio’s plan

SIMPLE ROADMAP TO GREENCARD

February 14, 2013

Here is an easy way to find your route to Green Card.

NO HUMAN IS ILLEGAL

February 14, 2013

A Promise to Congressman Rohrabacher by Jessica Bravo

VISA BULLETIN FEBRUARY 2013

February 13, 2013

Visa Bulletin for February 2013 is now ready!

Visa Bulletin February 2013

President Obama declines to alter deportation policies in meeting with immigration advocates

February 6, 2013

Immigration advocates asked President Obama on Tuesday to reconsider his administration’s deportation policies that have resulted in a record number of undocumented migrants being removed from the United States, but the president declined to make adjustments as he ramps up his public push for overhauling immigration laws, the advocates said.

President Obama declines to alter deportation policies in meeting with immigration advocates

Watch President Obama Describe His Proposal for Common Sense Immigration Reform

February 1, 2013

“We define ourselves as a nation of immigrants. That’s who we are — in our bones. The promise we see in those who come here from every corner of the globe, that’s always been one of our greatest strengths." -President Barack Obama

Watch President Obama describe his proposal for common sense Immigration Reform

DWN Statement on Immigration Reform Proposals

January 31, 2013

DWN Statement on Immigration Reform Proposals

Obama Immigration Plan Fact Sheet

President Obama announced his vision for a comprehensive immigration reform plan in Las Vegas Monday.

January 30, 2013

Obama Immigration Plan Fact Sheet

January 29, 2013

Rubio blasts Obama for resistance to border security provision in immigration plan

Obama presses immigration agenda as senators draft new overhaul

What are the four basic legislative pillars that our Immigration Reform will be based on?

January 28, 2013

Bipartisan Framework for Comprehensive Immigration Reform

HOW TO FILE AN (EB-5) INVESTOR VISA

January 23, 2013

An EB-5 Visa is a United States Visa for Immigrant Investors that was created by the Immigration Act of 1990. The EB-5 visa permits a foreign national to obtain permanent residency in the United States. Aside from marrying a U.S. Citizen, an EB-5 Visa is the fastest way to establish Permanent Residency in the United States. Every year, 10,000 visas are granted towards EB-5 Visa with 3,000 set apart for Targeted Employment Area (TEA). The EB-5 visa also enables the spouse of the visa holder and the unmarried children under the age of 21 to obtain permanent residency in the United States. Over 90% of all the EB-5 investors in the United States do not start their own business. They usually invest $500,000 in one of over 200 Regional Centers. About 10,000 immigrant visas per year are available to qualified individuals seeking lawful permanent residence throught investments.

In order to qualify for an EB-5 Visa, an individual must invest $1,000,000.00, creating at least ten (10) full time jobs for U.S. workers or at least $500,000.00 in a "Targeted Employment Area" which is also known as the high unemployment area. The individual must also be able to create or save (10) full time jobs for U.S. workers in the United States for at least two (2) years. The applicant must project that the funds used as investment for the EB-5 petition were earned in a lawful manner. The applicant must prove that all the investments were earned via lawful business, salary, investments, property sales, inheritance, gift, loan, or other lawful revenues. The foreign national must establish a lawful business entity under the laws of the state jurisdiction to where the physical entity is located in the U.S and prove that he or she is actively partaking in the business.

For those applying for an EB-5 Visa in the Regional Center under the Pilot Program, the requirements for EB-5 Visa are same as in the standard EB-5 investor program. However, under the Pilot Program, the investment of $500,000 is made towards the "Regional Center" to advance the economic growth in the United States. All investments made through the Regional Centers aid towards a more expansive concept of job creation in both "indirect" and "direct" jobs.

For U.S. Citizenship & Immigration Services defines Regional Center as an public or private economic entity which is involved in the advancement of the economic growth, improvement in the regional productivity, creating more jobs and increasing the domestic capital investment. In order to be approved as a "regional center" from USCIS, the organizers must submit a tender that is supported by economically or statistically valid forecasting tools illustrating (a) the grographic region in the U.S. where the region center will focus and must explain how it will advance the economic growth in that region; (b) detailed explanation as to how jobs will be created directly or indirectly through capital investments made in the regional center; (c) the amount and source of capital being invested towards the regional center and promotional efforts planned for the business project; (d) demonstrate how the business plan will have a positive effect on the regional economy or national economy.

Overall, the investor must be able to prove that the investment is made towards a new commercial enterprise located within an approved Regional Center and provide practical strategy to how 10 or more jobs will be created directly or indirectly by the new commercial enterprise through revenues generated from increased exports, regional productivity, job creation or increased domestic capital investment resulting from the pilot program.

The foreign national must gather all supporting documents for the EB5 Investors petition prior to submission of the case. Such documents may include (a) tax returns for the recent five years, bank account records, proof of ownership of any business, financial statements for each business along with business licenses, (b) proof of U.S. entity establishment such as articles of incorporation, certificate of merger or consolidation, partnership agreement, joint venture agreement, business license, stock purchase agreements, investment agreements, certified financial reports, etc. (c) Proof of investments or process of investment that is needed for a business such as copies of recent bank statements, evidence of assets that have been purchased for use in the U.S. enterprise, mortgages or loans, promissory notes, security agreement, or any other suitable evidence that the assets are securely in the applicant's possession. (d) Proof of creating or securing ten full-time positions in the United States for U.S. workers or foreign nationals permitted to work in the U.S. under law. However, these jobs cannot be filled by the applicant or any of the dependents themselves. The individual must provide Form I-9, copies of tax returns or other supporting documents and (e) prove that the applicant will be involved with the management of the U.S. enterprise by providing a statement of job title and description, and proof that the applicant holds a position on the board of directors.

Once all the supporting documents are put together, the applicant must then execute the USCIS Form I-526, Petition for Alien Entrepreneur and submit all the supporting documents to the appropriate USCIS Service Center that has jurisdiction over the physical location of the established U.S. entity. If the applicant is currently in the United States, it is not advised to submit the Form I-485, Application to Adjust Status to Permanent Resident concurrent with the Form I-526. The Applicant will only be eligible for Permanent Residence and Employment Authorization after the Form I-526 is approved.

Upon the approval of the Application, the applicant must then attend the visa interview at the U.S. Consulate abroad to confirm that both the applicant and the dependents go through a police, medical, security and immigration history background check prior to being approved for conditional permanent residence. Once the visa interview is cleared, the applicant and the dependents have six months to enter to the U.S. as a lawful permanent resident. However, if the applicant is in the United States, he or she may apply for Form I-485, Application for Adjustment of Status to Permanent Residence along with the supporting documents and submit to the designated USCIS service center. The current USCIS processing time for adjustment of status is eight (8) months to a year depending on the complexity of the case.

USCIS will grant the applicant and the dependents permanent residence status valid for two years. Upon the two years completion, the applicant and the dependents will be required to file a Form I-829, Position by Entrepreneur to Remove Conditions with the appropriate USCIS Service Center to remove conditional limitations on their Permanent Residence Status. USCIS takes approximately seven (7) months to process Form I-829, Petition by Entrepreneur to Remove Conditions. Once the conditions are removed, the Green Card will be valid for the next ten (10) years.

After completing five (5) years of Permanent Residence in the United States, the applicant and the dependents may submit Form N-400, Application for Naturalization to become U.S. Citizens. In order to qualify for U.S. Citizenship, the applicant must have maintained the Permanent Residence requirements. Upon approval, the applicant will appear for an interview followed by an Oath Ceremony to be sworn as a U.S. Citizen. USCIS approximately takes about eight (8) months to process a Form N-400, Application for Naturalization.

Filing an EB-5 can be very complicated and sometimes a guidance of an attorney can really aid in the approval on such cases especially when it concerns on proving the investments for the U.S. entity the establishment of ten (10) new or saved jobs. Keshab Raj Seadie, Esq., is a prominent immigration attorney based in New York City who can be reached at (212) 571 - 6002 or keshab@greencardmaker.com. Mr. Seadie has been practicing immigration and nationality law throughout the United States for more than 12 years and his firm has handled tens of thousands of immigration cases successfully.

Immigration reform isn’t an ‘if,’ but a ‘when’

January 23, 2013

President Obama’s inauguration speech Monday highlighted founding American ideals as well as the necessary steps needed to ensure future prosperity. In that respect, the president mentioned climate change and LGBTQ rights, surprising some. But it wasn’t at all unexpected to hear him allude to immigration reform.

Immigration reform isn’t an ‘if,’ but a ‘when’

Looks like America's view is now changing and supporting Illegal Immigrants to stay in the U.S.

January 23, 2013

Poll: Many say let illegal immigrants stay in US

News: USCIS Updates FAQ on Deferred Action For Childhood Arrivals (DACA)

January 21, 2013

USCIS Updates FAQ on Deferred Action For Childhood Arrivals (DACA)

Corporate America Lobbies for Immigration Reform

January 18,2013

Corporate America Lobbies for Immigration Reform

Assembly Speaker Sheldon Silver proposes a new state version of the Dream Act

January 17, 2013

Assembly Speaker Sheldon Silver proposing a New version of Dream Act with financial aid for children of the undocumented aliens!

Assembly Speaker Sheldon Silver proposes a new state version of the Dream Act

Citing Rubio’s ideas on immigration reform, White House sees hope for bipartisan deal

January 16, 2013

There are signs that bipartisan cooperation might be possible on immigration reform, in light of some new ideas being championed by Republican Sen. Marco Rubio.

Citing Rubio’s ideas on immigration reform, White House sees hope for bipartisan deal

Are you ready to file H-1B on April 1st, 2013?

By Keshab Raj Seadie

January 11, 2013

As you know the 2013 H-1B filing starts on April 1^st 2013. It is critical to understand the nuances of H-1B visa for thousands of Nepali students and others holding US Bachelor's or equivalent foreign degree. Depending on the economy, the H-1B quota could run out fast so you must make sure to file your H-1B on April 1^st.

H1B visas are a category of nonimmigrant worker visa designed to allow foreign citizens to work in the US temporarily in specialty occupations. These visas are available for skilled workers who hold a relevant four-year college degree (either a Bachelor's degree from a US institution or the equivalent from a foreign institution) or who have equivalent work experience. Fashion models of distinguished merit are also eligible for H1B visas.

Under the current law, the number of available visas per fiscal year is:

65,000 in the general pool

20,000 additional allotted to those with graduate degrees from US universities

Unlimited visas for non-profit and government research laboratories and universities

6,800 of those 65,000 are reserved for the H1B1 program under terms of the US-Chile and US-Singapore Free Trade Agreements

First and foremost, they must find a job offer from the US Employer in their relevant filed and request the employer to file an H-1B visa. You could also qualify for an H-1B even when you lack a relevant degree but have relevant experience amounting to more than three years. The size and nature of the company does matter in filing H-1B visa. Whereas the job being offered to you even have more serious impact on the success of H-1B visa. The US Immigration laws law requires a US employer to hire H-1B workers only for Specialty Occupations requiring at least Bachelors' degree. In order to successfully navigate this complex process, your company must hire a very experienced business immigration lawyer. You along with your employer must be ready by mid March with relevant documentation as well as Labor Condition Application can be prepared on time. Do keep in mind that if you miss the H-1B quotas but you hold US degree in Science, Technology and Math, you will be eligible to extend your OPT for additional 17-month.

Before we can even assume a foreign national be approved for H-1B visa, we must first consider if the foreign national is eligible for H-1B Visa. The law requires that the position, for which the H-1B Petition is filed, must be a 'specialty occupation'. The law defines a "specialty occupation" as requiring theoretical and practical application of a body of highly specialized knowledge in a field of human endeavor including not limited to architecture, engineering, mathematics, physical sciences, social sciences, biotechnology, medicine and health, education, law, accounting, business specialties, theology, and the arts, and requiring the attainment of a bachelor's degree or its equivalent as a minimum. However, this rule does not apply to any fashion models, who must be of "distinguished merit and ability". A foreign national must possess at least a bachelor's degree or its equivalent. Once a foreign national is sponsored, he or she may only work for the employer who filed the H-1B petition.

Once the open position is established as a specialty occupation, he employer must prove that the foreign national considered for the job meets the requirements and is qualified to take on the position. The foreign national must hold a U.S. bachelor's or higher degree from an accredited college or university. Any degree obtained by the foreign national must be relevant to the specialty occupation for which he or she is sponsored. In case, the foreign national has a degree obtained outside of the U.S., he or she must be evaluated from and accredited agency to confirm that his or her degree is equivalent of a U.S. bachelors or higher degree. The foreign national may also obtain an academic evaluation combining work experience, specialized training and foreign education. Three years of specialized experience is counted towards one year of college education.

Before filing a petition with the United States Citizenship an Immigration Services, the employer must first confirm all conditions and regulations are met. The employer must provide the foreign national with a job offer to prove that there is an open position to be filled by the foreign national. The U.S. employer filing the petition must either be a person, firm, corporation, contractor or an association or organization in the U.S. with a verifiable IRS tax identification number. The employer must be able to prove an employer-employee relationship which gives the employer authority to employ, terminate, pay, and supervise and control the job duties of the foreign worker.

Prior to filing a petition with United States Citizenship and Immigration Services, an employer must meet the U.S. Department of Labor requirements and is required to file a Labor Certification Application (LCA) with the U.S. Department of Labor. The employer is required to confirm the job position for which the petition is being filed and confirm the location and salary offered to the foreign national. The salary offered to the applicant must equal or be higher than the prevailing wage for the job position in the same geographic location. The Labor Certification Application (LCA) must be filed for the work location where the foreign national will be working. As a result, if the foreign national is to work at another company or work premises than the company's physical location, the Labor Certification Application (LCA) should be filed for the second jurisdiction. If the foreign national is to work in more than one location, all the work premises must be listed on the Labor Certification Application (LCA) along with the prevailing wage. In case the work location of the foreign national is to change frequently, the employer is required to submit a Labor Certification Application (LCA) for every job transfer. The employer is also required to provide all company background information including the number of employees, income, job description and duties of the applicant along with the terms of employment. For every job change of the foreign national, the employer must provide USCIS with a new Labor Certification Application (LCA) and client-vendor letter.

The Labor Certification Application (LCA) must provide the same employment period for which the foreign national is to be hired. Since USCIS only allows three (3) year increments when filing an H-1B Petition, a Labor Certification Application (LCA) cannot exceed the three (3) year time period.

The Law Offices of Keshab Raj Seadie, P.C. has successfully filed more than twenty-five thousand H-1B visas. The United States of America is the most sought after destination for foreign professionals to test their intellectual, entrepreneurial, and technical limits. Due to the open immigration policy, highly talented professionals have been able to enter the US in record numbers. Our expert H1B visa lawyers have successfully processed more than 25,000 H1B Visas, representing hundreds of IT businesses and other US companies, as well as individuals throughout the United States. We have in-depth knowledge of H1B jobs in many industries including Computer Programming, Business and Finance, Market Research, Accounting, Investment Banking, Academia (University Professors), Scientific areas, Healthcare, Hospitality, Manufacturing, Engineering, Architecture, Transportation and the Airline Industry, to name a few. We have had a 99% H1B approval rate! We have received H1B approvals for many different job categories.

Keshab Raj Seadie, Esq., is a prominent immigration attorney based in New York City who can be reached at 212 571 6002 or keshab@greencardmaker.com. Mr. Seadie has been practicing immigration and nationality law throughout the United States for more than 12 years and his firm has handled tens of thousands of immigration cases successfully.

February 2013 Visa Bulletin

January 10, 2013

February 2013 Visa Bulletin is Ready! Visa Bulletin for February 2013

Huge Amounts Spent on Immigration, Study Finds

January 8, 2013

The Obama administration spent nearly $18 billion on immigration enforcement last year, significantly more than its spending on all the other major federal law enforcement agencies combined, according to a report published Monday by the Migration Policy Institute, a nonpartisan research group in Washington.

Huge Amounts Spent on Immigration, Study Finds

USCIS Begins Transition to Centralized Policy Manual

January 8, 2013

USCIS is now making some serious changes in the Citizenship and Naturalization Policy Manual. This will be effective on January 22, 2013.

USCIS Begins Transition to Centralized Policy Manual

There Is No Such Thing as a Tough Immigration Judge

January 7, 2013

This is an interesting article. Get the inside scoops of what it is like to be an Immigration Judge.

There Is No Such Thing as a Touch Immigration Judge

Undocumented Youth Gets Accepted to Deferred Action

January 7, 2013

Hugo Nicolas - Inspiration to many young upcoming leaders.

Undocumented Youth Gets Accepted to Deferred Action

How long can you stay outside of the United States as a Green Card Holder

By Keshab Raj Seadie, Esq.

January 4, 2013

It is very critical for any Permanent Resident to understand that a Green Card is a privilege and such privilege may be taken away from you if you do not follow the rules and regulations provided under the U.S. Immigration Law.

If by any chance, does a Permanent Resident abandon the intention of continuing to reside in the United States, then he or she will lose the right to holding a Green Card. This is a serious matter and all Permanent Residents there are a few precautions one should take in order to keep the Green Card protected. When a Permanent Resident leaves the country even for a short trip, he is considered to have abandoned the intention of living in the U.S. When a permanent resident departs outside of the U.S. for more than 365 consecutive days, the INS can revoke his green card status and he or she would need to repeat the entire petition and immigration visa process in order to re-enter the U.S. as a permanent resident. However, this is not the case for all permanent residents. A permanent resident, who obtained their re-entry permit before departing the U.S., is permitted to stay overseas for up to two (2) years.

When a Green Card has expired or is about to expire, the Permanent Resident will need to submit a Form I-90 to USCIS to renew their Green Card. If a Permanent Resident is outside of United States while the green card expires within six (6) months but the individual intends to return back to the U.S. within one year or departure and before the card expires, then the Permanent Resident must file the Form I-90 upon returning to U.S. In case the Green Card expires prior to returning to the U.S., the resident must contact the U.S. Customs and Border Protection Office right away.

According to U.S. Immigration Law, any individual who enters the United States as an immigrant is assumed to live in the United States permanently. If a Permanent Resident stays outside of the U.S. for more than 365 days but less than two years, the individual will need a re-entry permit for readmission. The reentry permit will then be sent out to the Consulate where the individual will need to pick up the permit in person. If an individual stay out of the U.S. for more than 12 months, they may risk losing their legal permanent resident status. Only individuals holding re-entry permits are permitted to stay out of the U.S. for up to twenty-four (24) months. Additionally, Permanent Residents must file income tax return even if they are outside of the U.S. If they have not filed any income tax returns, they must be dependents on someone else's tax returns and "non-immigrants."

However, it is not the end of the world if a Permanent Resident loses his or her residence. There are two ways to re-obtain the Permanent Residence: (a) A U.S. citizen, who is an immediate relative of the immigrant, may file a new immigrant visa petition. A U.S. employer may also sponsor the immigrant to obtain permanent residence. (b) An immigrant can also apply for returning residence status. It is very important to understand that when filing returning resident status, an individual is required to prove that he or she is continuing residence and has unbroken ties with the United States. The immigrant must prove the intent of return to the United States.

In order to apply for a returning resident status, an immigrant must file a Form DS-117, Application for Determining Returning Resident Status and must appear for an interview at the Consulate. During the interview, the immigrant will be required to prove that he or she is continuing all ties in the United States such as following U.S. tax laws and maintaining all licenses and memberships in the U.S. Approximately two weeks after the interview, the application will be adjudicated by an adjudicating officer at the Consulate. The immigrant will then receive a notice as to whether the application is granted or denied.

Any Lawful residents considering whether to submit an application for return resident status, must over look the criteria provided by the U.S. Department of Homeland Security. Also, please be advised that an approval of returning resident status does not guarantee issuance of the visa.

IMPLEMENTATION OF NEW USCIS IMMIGRANT FEE STARTING FEB 1, 2013

January 4, 2013

Please be advised that starting February 1st, 2013, USCIS will be collecting a new fee of $165 from foreign nationals seeking permanent residence in the United States.

Implementation of New USCIS Immigrant Fee Feb 1

Secretary Napolitano Announces Final Rule to Support Family Unity during Waiver Process

January 2, 2013

Starting March 4, 2013, Department of Homeland Security is now showing heart towards the Family Unity in midst of the Waiver Process. See what changes Secretary of Homeland Security, Janet Napolitano has announced starting on March 4, 2013. Please check if this applies to you and your loved ones.

Secretary Napolitano Announces Final Rule to Support Family Unity During Waiver Process.

Can the American Dream come true for more than twelve million illegals living in the United States of America?

By Keshab Raj Seadie, Esq.

December 27, 2012

As Obama begins his administration on January 20, 2013 in the background of the repetitive defeat of the Republicans, the Immigration Reform seems to be possible by the middle of 2013 as both Congress and Administration finish their fiscal crisis. It definitely took a crack in the bone for the Republicans to finally come to realization that going against immigration simply means going against the Hispanics. On November 6^th, 2012, Governor Mitt Romney lost the election as he only drew 27% of the Latino votes.

In order to get off the hit list on the Hispanic community, on September 18, 2012, the Republican Party introduced an Immigration Reform known as the STEM Jobs Act (H.R. 6429). The Republican Party solely focused their interest on the present and the future economic growth which is quite essential at the current state of our economy. The STEM Jobs Act (H.R. 6429) declares to attract highly skilled immigrants and foreign students who graduate with computer science, technology, engineering and math degrees to contribute to the American economy.

However, this reform does not aid towards the immigration crises faced by the Hispanics and others living illegally in the United States. To achieve the American Dream, the Congressional Hispanic Caucus, the nation's largest Latino organizations proposed principles on the new Immigration Reform that is not only committed to the advancement of the U.S. economy but also establishes a way for citizenship for the undocumented immigrants in the United States.

On November 28, 2012, Congressional Hispanic Caucus shows commitment towards the new Immigration reform and has proposed the following requirements to be added into the new legislation: (a) All undocumented individual currently in the U.S. may obtain permanent residence and eventually citizenship provided they pay taxes to contribute to the U.S. economy, attain basic knowledge of English and U.S. history and civics, and complete a secure background check and submit fingerprints. (b) Protection of unity that encourages bi-national families and same sex couples by keeping their spouses, parents and children together. (c) Attracting investors, innovators, and skilled professionals including (STEM) majors, to advance the growth of our economy (d) Supporting DREAMers and DACA Program, for those who have been in the country since a young age, to be eligible for citizenship. (e) Pathway for agricultural workers to be eligible for citizenship (f) End to the exploitation of U.S. and immigrant workers by providing sufficient, safe and legal avenues for foreign workers to fill legitimate gaps in our workforce, with full labor rights, protection from discrimination, and a route to permanency that lifts up wages and working conditions for both native and foreign-born workers. (g) Strong enforcement that guards our borders and fosters commerce by punishing serious criminals and national threats while promoting safe and legitimate migrating of people and goods at ports of entry. (h) Improving Employment Verification System to ensure that all workers are employed under the laws and regulation to prevent unlawful employment. (i) All workers must pay fare share of taxes and bear responsibilities as all the Americans do.

The Congressional Hispanic Caucus believes that immigration laws must be equally consistent to our interests and values of both Americans and immigrants. This Immigration Reform has been waited upon for a long time and Latinos believes it is definitely time for action now.

Although the STEM Jobs Act will catch the attention of highly skilled immigrants and foreign students and cause growth in the economy, the Obama Administration opposes such reform as it eliminates Diversity Visa Program which is held at importance for individuals from certain countries with less opportunities of immigration to the United States. According to the Administration, this legislation does not support the long term goals of the President in regards to Immigration Reform and is not likely to be passed. The Obama Administration would like to provide legislation that attracts and retains highly skilled immigrants to advance the economy but cannot neglect other immigration crises such as road to citizenship for the 12 plus million undocumented immigrants currently in the United States.

WHERE AMERICA STANDS ON THE IMMIGRATION REFORM

By Keshab R. Seadie, Esq.

December 20, 2012

In order to get off the hit list on the Hispanic community, On September 18, 2012, the Republican Party introduced an Immigration Reform known as the STEM Jobs Act (H.R. 6429). The Republican Party solely focused their interest on the present and the future economic growth which is quite essential at the current state of our economy. The STEM Jobs Act (H.R. 6429) declares to attract highly skilled immigrants and foreign students who graduate with computer science, technology, engineering and math degrees to contribute to the American economy.

According to logistics, scarcely 5% of immigrants are granted visas based on their skills and education. Since these immigrants are forced onto the waiting list for years before getting their green cards, they usually resign and end up work for another global company. However, America cannot afford to lose valuable workers off to our international competitors. With STEM Jobs Act (H.R. 6429), employers can easily fill up the empty positions in the companies with such skilled and educated foreign graduates and on the other hand, create more jobs and gradually cause growth in the economy.

The STEM Jobs Act will produce up to 55,000 green cards a year to foreign graduates of U.S. universities with STEM degrees while completely eradicating the Diversity Visa Lottery Program. All new green cards produced be granted to foreign STEM graduates with doctorates and the remainder of the green cards will be made available to the foreign STEM graduates with master's degrees. Foreign nationals who wish to claim STEM Green Cards as PhD holders, will be required to prove the legality of their doctorate from an accredited U.S. university in STEM degrees, have completed all course work while physically present in the United States and be willing to work for a petitioning company for at least five (5) years.

All remainder of the STEM green cards that were not filled by PhD holders will then be at avail to foreign nationals that possess a two year STEM master's degree from accredited U.S. universities. All STEM Master's degree holders must prove that they completed all course work while physically present in the United States and be willing to work for a petitioning company for at least five (5) years. Along with these requirements, all foreign nationals claiming STEM green cards as both doctorates and master's degree holder must be petitioned by an employer under Labor Certification Process to confirm that the job was first offered to U.S. workers, however, there are not sufficient U.S. workers that are willing, able, qualified or available to take up the position.

It is very important to understand that all job opportunities in the United States will first be handed to U.S. workers and then any foreign nationals interested. The STEM Jobs Act shields the rights of the American students and workers who are already in the STEM fields and hence, all STEM field will be first offered to U.S. workers and students; and then secondarily to any qualified foreign nationals interested in the position. Therefore, it is very critical that a Petitioner undergoes the Labor Certification Process in a very precise manner. The Department of Homeland Security will publicly enlist all the STEM Employers along with amount and positions offered in their companies. Since career projections of American students with PhDs in biological and biomedical field is very low, such fields are not subject under the STEM degrees and cannot be filled by foreign nationals with doctorates.

Although the STEM Jobs Act will catch the attention of highly skilled immigrants and foreign students and cause growth in the economy, the Obama Administration opposes such reform as it eliminates Diversity Visa Program which is held at importance for individuals from certain countries with less opportunities of immigration to the United States. According to the Administration, this legislation does not support the long term goals of the President in regards to Immigration Reform and is not likely to be passed. The Obama Administration would like to provide legislation that attracts and retains highly skilled immigrants to advance the economy but cannot neglect other immigration crises such as road to citizenship for the undocumented immigrants currently in the United States.

HOW TO APPLY FOR U.S. CITIZENSHIP

By Keshab Raj Seadie, Esq.

December 12, 2012

One of the most important decisions you make would be whether or not you want to be a U.S. Citizen. This of course applies to those who were not born in the United States of America. When you become a U.S. Citizen, you become a part of the United States and will be privileged with rights, duties, and obligations of the United States. A U.S. Citizen has rights to vote, sponsor for family members who are born abroad, obtain a U.S. passport, be eligible for federal jobs or jobs involving national security and holding public office as an elected official. There are also some responsibilities that an individual must take on if considering to become a U.S. Citizen. For instance, a U.S. Citizen must give an oath of Allegiance to the United States and give up allegiance to any other government or country. A U.S. Citizen must also support and defend the Constitution and of laws of the United States, serve the country when called upon and perform civil duties such as jury duties and participating in political process, etc. These rights and responsibilities are only given to U.S. Citizens that are not at avail to lawful permanent residents or U.S. visa holders.

In order to be eligible to apply for U.S. Citizen, you must be a legal Permanent Resident for five (5) years or, if married to a U.S. Citizen, you must be a legal Permanent Resident for three (3) years and have continuous residence and be physically be present in the United States. Alongside, an individual must also be at least 18 years of age, have ability to read, write and speak basic English, have general knowledge and understanding of U.S. history and government. An individual must prove good moral character and must take an Oath of Allegiance. Residence is the United States is critically important when verifying eligibility to be a U.S. Citizen. One must be in the U.S. continuously for five (5) years provided absence of six (6) months or less. It is also required that the individual reside for at least three (3) months in the state of CIS Service District where Application for Citizenship was filed. The individual must be physically present in the United States at least half of the time that he/she has been a Lawful Permanent Resident. Keep in mind that the application can be submitted within 3-month of Fifth or Three year filing deadline.

A Citizenship application normally takes about six (6) to twelve (12) months to process. When filing an Application for Naturalization. If any question is left blank or unanswered, USCIS is most likely to return the application back to the applicant. Please be sure to answer all the questions correctly and accurately. False information provided on the N-400 can cause problems for the applicant if caught. Any suspicious information provided will be investigated by the USCIS and you will be asked for evidence to support your statement. You need to submit clear copies of all required documents and original copies of all notarized documents and recently taken passport sized photographs. Please make sure to enclose the filing fee of $575 and biometrics fee of $85 along with your application. USCIS filing fees are constantly up for changes so it is best if you check the filing fees on the USCIS website.

After you have submitted all the required documents for processing, USCIS will mail you a notice of receipt to acknowledge that they have received the application. USCIS will also issue a biometrics appointment for you where you will be required to give your fingerprints. This is a requirement for USCIS to conduct a background check with the information provided and the fingerprints given.

After the background check is cleared, USCIS will mail you a notice for the initial interview. The Naturalization interview is conducted by a USCIS Officer who will test you on your knowledge of basic English language and U.S. History and Government. Upon completion of the interview and review your background check and security clearance, the officer will render a decision on your application. If approved, you will be mailed a notice to attend an Oath Ceremony to become a United States Citizen. If you have any record of criminal or immigration violations, do consult an experienced immigration attorney prior to submitting your citizenship application. Good Luck!

Dual Nationality and US Citizenship

December 12, 2012

The concept of dual nationality means that a person is a citizen of two countries at the same time. Each country has its own citizenship laws based on its own policy. Persons may have dual nationality by automatic operation of different laws rather than by choice. For example, a child born in a foreign country to U.S. citizen parents may be both a U.S. citizen and a citizen of the country of birth.

A U.S. citizen may acquire foreign citizenship by marriage, or a person naturalized as a U.S. citizen may not lose the citizenship of the country of birth. U.S. law does not mention dual nationality or require a person to choose one citizenship or another. Also, a person who is automatically granted another citizenship does not risk losing U.S. citizenship. However, a person who acquires a foreign citizenship by applying for it may lose U.S. citizenship. In order to lose U.S. citizenship, the law requires that the person must apply for the foreign citizenship voluntarily, by free choice, and with the intention to give up U.S. citizenship.

Intent can be shown by the person's statements or conduct.The U.S. Government recognizes that dual nationality exists but does not encourage it as a matter of policy because of the problems it may cause. Claims of other countries on dual national U.S. citizens may conflict with U.S. law, and dual nationality may limit U.S. Government efforts to assist citizens abroad. The country where a dual national is located generally has a stronger claim to that person's allegiance.

However, dual nationals owe allegiance to both the United States and the foreign country. They are required to obey the laws of both countries. Either country has the right to enforce its laws, particularly if the person later travels there. Most U.S. citizens, including dual nationals, must use a U.S. passport to enter and leave the United States. Dual nationals may also be required by the foreign country to use its passport to enter and leave that country. Use of the foreign passport does not endanger U.S. citizenship. Most countries permit a person to renounce or otherwise lose citizenship.

In spite of being eligible for US Citizenship, a number of Nepalese Green Card holders have not applied for US Citizenship for various reasons such as due to the love to their motherland and in some cases to retain property rights and save in taxes.

Keshab Raj Seadie, Esq., is a prominent immigration attorney based in New York City who can be reached at 212 571 6002 or keshab@greencardmaker.com. Mr. Seadie has been practicing immigration and nationality law throughout the United States for more than 12 years and his firm has handled tens of thousands of immigration cases successful.

JANUARY VISA BULLETIN 2013

December 11, 2012

January's Visa Bulletin is ready! January Visa Bulletin 2013

RESTRICTIONS ON TOURIST VISA RE-ENTRY WITHIN 2 MONTHS LIFTED

December 5, 2012

Travelers on Tourist visa are currently required to have a gap of at least 2 months between two separate visits to India. The restriction has now been lifted except for nationals of China, Iran, Pakistan, Iraq, Sudan, Bangladesh, Afghanistan, foreigners of Pakistan and Bangladesh origin and stateless persons.

Indian Embassy

India Expands NIV Interview Waiver Program

November 21, 2012

A quick recap on what the current Interview Waiver Program :Indian visa applicants who are renewing visas that are still valid or expired within the past 48 months may submit their applications for consideration for streamlined processing, including waiver of a personal interview, within the following visa categories:

· Business/Tourism (B1 and/or B2);

· Dependent (J2, H4, L2)

· Transit (C) and/or Crew Member (D) - including C1/D.

· Children applying before their 7th birthday traveling on any visa class

· Applicants applying on or after their 80th birthday traveling on any visa class

Under the NEW expanded program, the following Indian applicants may also be considered for streamlined processing:

· Children applying before their 14th birthday traveling on any visa class

· Students returning to attend the same school and same program
Temporary workers on H1-B visas

· Temporary workers on Individual L1-A or Individual L1-B visas

To read more please visit: http://newdelhi.usembassy.gov/pr111912.html

New DACA Statistics for November 2012

November 19, 2012

To date, USCIS has received 308,935 DACA requests and accepted 298,834 for processing with 53,273 approved cases.

The data below represents period August 15 - November 15, 2012 :

Deferred Action for Childhood Arrivals Stats Process (DACA) November 2012

December 2012 Visa Bulletin

November 8, 2012

The last Visa Bulleting of the year is here: December Bulletin

Maryland Grants In- State Tuition Discount to Undocumented Students

November 7, 2012

A Maryland law that grants an in-state tuition discount to undocumented college students won voter approval on Tuesday during the Presidential Election.

Known as the Maryland's version of the "Dream Act," this new law grants in-state public tuition rates to certain undocumented immigrants who attended Maryland high schools for at least three years and meet other conditions. Under the law, students who qualify for the tuition benefit must first attend community college. Those who receive an associate degree or at least 60 credits at the two-year school can then qualify for a tuition discount at a four-year university.

For students from families of modest means, the subsidy is crucial to hopes of getting a bachelor's degree. At the University of Maryland in College Park, in-state tuition is $7,175 a year. For out-of-state students, it is $25,554.

Biometric Notices for All I-131 Applicants

October 26, 2012

The Nebraska Service Center recently announced that, regardless of age, all applicants who file for reentry permit or refugee travel document (Form I-131) are being issued biometric appointment notices. The purpose of these biometric appointments is to capture a digital photograph of applicants who are not required to submit fingerprints. These NSC statements came in response to questions submitted by the American Immigration Lawyers Association (AILA).

AILA asked the Nebraska Service Center if fingerprint-exempt I-131 applicants could avoid the need for biometrics appointments by submitting two paper photographs along with their I-131 applications. The Nebraska Service Center confirmed that this is possible for applicants under 14 or over 79 years of age. If such applicants submit immigration compliant photographs at the time of the I-131 filing, this eliminates their need for biometrics appointments.

Transfer Notices on Certain Individual and Family-Based Cases

October 23, 2012

The U.S. Citizenship and Immigration Services (USCIS) announced on October 1, 2012 that some case processing work will be transferred from USCIS service centers to local USCIS field offices and the National Benefits Center (NBC). As a result, foreign nationals with pending applications and petitions may receive transfer notices and other, similar correspondence as part of this process.

Applications / Petitions Affected

The USCIS indicates that these transfers are limited to the following applications and petitions:

Application to Replace Permanent Resident Card (Form I-90)filed with the Nebraska Service Center on or after August 15,2012
These applications will be transferred to the NBC.
Stand-Alone Immediate Relative (IR) I-130 Petitions filed with any USCIS service center on or after August 15, 2012
These petitions will be transferred to the USCIS field office having jurisdiction over the petitioner's place of residence.
Interview-Waivable, Family-Based I-485 Applicationsfiled with the California Service Center on or after August 1, 2012
Interview-waivable, family-based applications for adjustment of status (I-485) are those that the USCIS has determined, under internal policy, to be eligible for adjudication without an in-person interview. These cases will be transferred to the NBC.

Applications and petitions filed with USCIS prior to the effective dates, as noted above, will remain with the original service center for processing.

The USCIS has emphasized that the filing locations for the above-mentioned applications and petitions will not change. These applications and petitions must be filed at the proper address noted in the instructions for the particular form found on the www.uscis.gov website. The transferring of files is purely an internal matter, based upon a need to distribute workload. Cases that are filed at an incorrect address will be rejected.

ICE Releases Information of Audits on I-9 Forms

October 22, 2012

ICE has released information about how they handle compliance audits when an employer is using an electronic I-9 program.

The information was released in an internal memo from James A. Dinkins, Executive Associate Director of Homeland Security Investigations. In the memo, Dinkins provides guidance for special agents and auditors who are performing an audit of electronically-generated I-9s.

Agents must ensure that program audit trails:

-identify the date and time an I-9 was accessed;
-maintain information about what action was taken and by whom, and present information in a logical, organized and accessible manner;
-To make sure that programs comply with electronic I-9 program regulatory requirements, agents must also gather: The name of the software product being used, the internal business practices and protocols related to the program, and the indexing system that identifies the information contained in the Form I-9 and its connectivity to each employee;
-Documentation about the system the program uses to capture electronic signatures;
-At least one printed and completed electronically-generated I-9;

-Agents must also request a demonstration of how the program generates an electronic I-9.

DACA Update

October 15, 2012

How many childhood immigrants who applied for the government's deferred action DREAM Act alternative have been rejected so far?

None, according to the Department of Homeland Security.

U.S. Citizenship and Immigration Services has released the latest numbers for the Obama administration's program, and they show that the government has approved 4,591 applications for deferred action since the program began two months ago. Go to this site to see the statistics: DACA Approval Statistics

According to DHS, it takes longer to reject applications, often because more information is needed from the applicant. So, a wave of rejections could be coming a couple months down the road.

The Obama Administration believed about 1.7million undocumented immigrants would be eligible for the program, but so far only 180,000 have applied.

Many potential applicants are still gathering supporting documents while others have decided to wait until after the presidential election to get a better handle on the future of the program.

November 2012 Visa Bulletin

October 12, 2012

To see the Bulletin: November 2012

FY2012 PERM Statistics

October 11, 2012

The DOL received approximately 67,400 PERM applications between October 1, 2011 and September 16, 2012. Nearly half (approximately 45%) of cases are audited for review, 4% are sent to supervised recruitment, and approximately 12% are ultimately denied. Although the denial rates are not surprising, the audit rates are staggering. The good news is that DOL is currently processing cases relatively quickly, about 60 days for non-audited applications, and an additional four months for audited applications.

To see the stats click link below:

http://www.foreignlaborcert. doleta.gov/pdf/perm_labor_certification.pdf

EB Visa Demand Data as of October 9, 2012

October 10, 2012

http://www.travel.state.gov/pdf/EmploymentDemandUsedForCutOffDates.pdf

President Signs S.3245 into Law

September 28, 2012

Today September 28, 2012, the President signed into law S. 3245, which extends to September 30, 2015, the expiration dates of key requirements of four immigration programs administered by the Department of Homeland Security: the EB-5 Regional Center Program; the E-Verify Program; the Special Immigrant Non-Minister Religious Worker Program; and the Conrad State 30 J-1 Visa Waiver Program:

www.whitehouse.gov/the-press-office/2012/09/28/statement-press-secretary-hj-res-117-s-3245-and-s-3552

DOS Notice: Instructions for the 2014 Diversity Immigrant Visa Program (DV-2014)

September 27, 2012

Instructions for the 2014 Diversity Immigrant Visa Program (DV-2014)

http://www.ofr.gov/OFRUpload/OFRData/2012-23934_PI.pdf

E-Filing for H-2A, H-2B

September 26, 2012

The Department is announcing the implementation of electronic filing in the H-2A and H-2B visa programs through the Department's iCERT Visa Portal System. By implementing this new program, we believe it will enhance the accessibility and quality of labor certification services, reduce the data collection and reporting burden on small employers, facilitate more streamlined business processes, and establish greater transparency in the Department's decisions. Electronic filing in the H-2B program will begin on October 15, 2012. Electronic filing in the H-2A program will begin on December 10, 2012.

H-2A Fact Sheet

H-2B Fact Sheet

USCIS Systematically Undercounting H-1B Cap Usage

September 21, 2012

Attorney David Rubman in Chicago, Illinois has just shared with us the answer to a Freedom of Information Act request which definitively shows that USCIS has been undercounting H-1B usage by nearly 15% over the last five years. Approximately 45,000 too few H-1Bs have been approved between fiscal year 2008 and 2012. USCIS is required to approve 65,000 H-1B visas per year.

They determine when the H-1B cap is hit each year based on their estimate of how many cases will be denied. They also are supposed to add withdrawn H-1Bs back to the total. USCIS has had wildly inaccurate estimates of their denial rates which have resulted in the undercounting. For example, for the current fiscal year, USCIS stopped accepting applications last January. But their data shows only 55,706 applications were approved and 1,820 cases were withdrawn. That means 11,000 more applications should have been approved.

This is an extremely serious failure on the part of USCIS and the employer community deserves an explanation. Right now, we're in a 13 month blackout with no H-1Bs available. The cap for the coming fiscal year was reached last June. USCIS more than likely has undercounted again and they need to reopen the application process. Furthermore, USCIS needs to add back cap numbers to account for the undercounting.

Here are the numbers for each of you to see. Now let us see how USCIS responds.

FOIA Finding

Travel Update: Form I-94 Information for Foreign Visitors

September 20, 2012

CBP is experiencing a delay in processing foreign visitors' travel information into the I-94 database. Foreign visitors to the U.S. who need to prove their legal-visitor status-to employers, schools/universities or government agencies--during their first two months in the U.S. may need information in addition to the Form I-94 Arrival/Departure Record.

To prove legal-visitor status within the first 30-60 days of a U.S. stay :	Bring the following evidence of legal status
Employers	Unexpired foreign passport, showing country of citizenship; and CBP Arrival/Departure Record, Form I-94 (if issued).
Motor vehicle registration of drivers' licensing agencies
The Social Security Administration
U.S. Citizenship and Immigration Services
Universities and schools

CBP Travel Update Form I-94

New USCIS guidelines for DACA

September 19, 2012

To prove my continuous residence in the United States since June 15, 2007, must I provide evidence documenting my presence for every day, or every month, of that period?
To meet the continuous residence guideline, you must submit documentation that shows you have been living in the United States from June 15, 2007 up until the time of your request. You should provide documentation to account for as much of the period as reasonably possible, but there is no requirement that every day or month of that period be specifically accounted for through direct evidence. It is helpful to USCIS if you can submit evidence of your residence during at least each year of the period. USCIS will review the documentation in its totality to determine whether it is more likely than not that you were continuously residing in the United States for the period since June 15, 2007. Gaps in the documentation as to certain periods may raise doubts as to your continued residence if, for example, the gaps are lengthy or the record otherwise indicates that you may have been outside the United States for a period of time that was not brief, casual or innocent. If gaps in your documentation raise questions , USCIS may issue a request for evidence to allow you to submit additional documentation that supports your claimed continuous residence.

Affidavits may be submitted to explain a gap in the documentation demonstrating that you meet the five year continuous residence requirement. If you submit affidavits related to the continuous residence requirement, you must submit two or more affidavits, sworn to or affirmed by people other than yourself, who have direct personal knowledge of the events and circumstances during the period as to which there is a gap in the documentation. Affidavits may only be used to explain gaps in your continuous residence; they cannot be used as evidence that you meet the entire five year continuous residence requirement.

If I provide my employee with information regarding his or her employment to support a request for consideration of deferred action for childhood arrivals, will that information be used for immigration enforcement purposes against me and/or my company?

You may, as you determine appropriate, provide individuals requesting deferred action for childhood arrivals with documentation which verifies their employment. This information will not be shared with ICE for civil immigration enforcement purposes pursuant to INA section 274A unless there is evidence of egregious violations of criminal statutes or widespread abuses.

Must attorneys and accredited representatives who provide pro bono services to deferred action requestors at group assistance events file a Form G-28 with USCIS?
An attorney or accredited representative who provides pro bono assistance to an individual in a workshop setting and who intends to represent the individual after the workshop must file a Form G-28. An attorney or accredited representative who provides pro bono assistance to an individual in a workshop setting, but who does not intend to represent the individual after the workshop, should assess the extent of the relationship with the individual and the nature and type of the assistance provided. On that basis, the attorney or accredited representative should determine whether to file a Form G-28. If a Form G-28 is not filed, the attorney or accredited representative should determine whether it would be appropriate under the circumstances to provide the individual and USCIS with a letter noting the limited extent of the representation.

When must an individual sign a Form I-821D as a preparer?
If someone other than the requestor prepares or helps fill out the Form I-821D, that individual must complete Part 5 of the Form.

How should I fill out question nine (9) on the Form I-765, Application for Employment Authorization? When you are filing a Form I-765 as part of a Deferred Action Childhood Arrivals request, question nine (9) is asking you to list those Social Security numbers that were officially issued to you by the Social Security Administration.

May I travel outside of the United States before USCIS has determined whether to defer action in my case?
No. After August 15, 2012, if you travel outside of the United States, you will not be considered for deferred action under this process. If USCIS defers action in your case, you will be permitted to travel outside of the United States only if you apply for and receive advance parole from USCIS.

Any travel outside of the United States that occurred before August 15, 2012, will be assessed by USCIS to determine whether the travel qualifies as brief, casual and innocent (see below).

Note: If you have been ordered deported or removed, and you then leave the United States, your departure may result in your being considered deported or removed, with potentially serious future immigration consequences.

If my case is deferred pursuant to the consideration of deferred action for childhood arrivals process, will I be able to travel outside of the United States?

Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes. You may not apply for advance parole unless and until USCIS defers action in your case pursuant to the consideration of deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.

If USCIS has deferred action in your case under the deferred action for childhood arrivals process after you have been ordered deported or removed, you may still request advance parole if you meet the guidelines for advance parole described above. However, once you have received advance parole, and before you actually leave the United States, you should seek to reopen your case before the Executive Office for Immigration Review (EOIR) and obtain administrative closure or termination of your removal proceeding. Even after you have asked EOIR to reopen your case, you should not leave the United States until after EOIR has granted your request. If you depart after being ordered deported or removed, and your removal proceeding has not been reopened and administratively closed or terminated, your departure may result in your being considered deported or removed, with potentially serious future immigration consequences. If you have any questions about this process, you may call the ICE Office of the Public Advocate through the Office's hotline at 1-888-351-4024 (staffed 9 a.m. - 5 p.m., Monday - Friday) or by email at EROPublicAdvocate@ice.dhs.gov.

Is an Amended H-1B Petition Required When the Worksite Changes?

September 18, 2012

The question of whether a new or amended H-1B petition is required when the beneficiary's worksite changes has been raised with USCIS at the various meetings by AILA in October 5, 2011, March 29, 2012 ,but no solid response has come forward as of today. However, the California Service Center seems to be making its regulations and requiring the petitioners to file the amended H-1B petition when there is a change in the geographic location. The CSC stated that 8 CFR §214.2 requires an amended or new petition to reflect material changes in the terms and conditions of an H-1B petition. In spite of my foregoing advice, many of my IT clients won't file an amended H-1B visa petition until and unless the applicant is going for visa stamping.

AILA supports the position taken in the October 23, 2003, Efren Hernandez letter, that an amended Form I-129 is not needed for geographic moves so long as the following conditions are met:

1) an LCA has been filed and certified for the new location prior to the employee's move to the new location;

2) the LCA has been posted in accordance with DOL regulations;

3) other wage and hour obligations are met; and

4) there are no other material changes to the terms and conditions of employment (AILA Doc. No. 03112118).

In addition, 20 CFR §655.735 provides guidance on short-term placement of H-1B nonimmigrants at places of employment within and outside the areas of intended employment listed on the LCA.

At the March 29, 2012 meeting, USCIS stated that it is continuing to review and develop new guidance on amended H-1B petitions as part of its overall policy review and that it may issue additional guidance on this issue in the USCIS Policy Manual. However, the California Service Center (CSC) appears to be taking the position that an amended petition must be filed for a geographic job location change. At a CSC Stakeholder meeting held on August 10, 2011, the CSC stated that 8 CFR §214.2 requires an amended or new petition to reflect material changes in the terms and conditions of an H-1B petition. Generally, it is the position of the CSC that an amended H-1B petition should be filed if an LCA is filed after approval of an H-1B petition.).

Companies are reporting site audits and revocation of petitions where USCIS could not find the beneficiary of the petition at the worksite listed in the initial petition. Despite documentation of an LCA for the beneficiary's new worksite, as well as additional documentation supporting the worksite change, the CSC nevertheless has revoked the H-1B petition stating that an amended petition must be filed because the new worksite was not shown on the original petition.

Until USCIS headquarters issues a definitive answer as to whether a new or amended petition is needed for a change in location, Companies may consider exercising caution by filing a new LCA and amended petition prior to the geographic relocation of the employee.

DOL has targeted IT Consulting Companies with very high number of PERM Audits

September 17, 2012

According to the June 2011 USDOL statistics on PERM processing, more than 50% of PERM cases are either in audit or in appeal. If you take into account, PERM cases which are denied, but not appealed, the statistics seem to suggest that a good 60% of cases end up being denied, in audit or in appeal (review/reconsideration).

The IRS has long utilized the audit as a useful tool to measure compliance of revenue laws and regulations by both tax payers and tax preparers (enrolled agents, CPAs, attorneys and other paid preparers). The data collected from the audit is "mined" to identify potential areas of non-compliance and to construct statistical samples. The IRS utilizes the information gained from audits for a wide variety of activities such as increased funding for tax payer/ tax preparer education via issuance of IRS bulletins on areas of non-compliance to enforcement. Given the current high audit rate, I can only surmise that the USDOL is borrowing the methodology of the IRS to better discharge its function of ensuring the integrity of the PERM process.

Earlier this year one of my high tech clients received a number of audits. We speculated that the employee referral program might have been an audit trigger. We then considered not using the referral program in future cases. Then, a previously filed case was certified, without audit, and that case also included the employee referral program. This client is back to using its referral program in its PERM cases.

As a side note, one of the audited cases was recently certified. The audit asked for evidence related to the employee referral program. Apparently, the DOL found the evidence, and the client's response, to be sufficient.

The specific audit questions are all on recruitment, so theoretically that's the only issue on their minds.I don't think the audit notice would give away the reason for actual selection - the employer may have been targeted based on the industry, based on unemployment in the area, or on the types of jobs being sponsored. Most of the PERMs I file use the employee referral program as part of the recruitment - I'm not seeing a wave of audits on them.

DOL has expressed concerns in the past about PERMs being filed for positions that do not require a degree (i.e., HS diploma or no education) or only require a Bachelor's degree. The types of jobs being certified may trigger a certain amount of audits, if only to review and verify the employer's recruitment efforts prior to filing the PERM case.

The TRUST ACT

September 14, 2012

California Gov. Jerry Brown (D) has two and a half weeks to decide whether to sign the TRUST Act, a bill that would cut off some cooperation between law enforcement in his state and federal immigration authorities. As he weighs his options, supporters of the law are ramping up the pressure.

Twenty-two Democratic members of Congress from California -- including House Minority Leader Nancy Pelosi (D-Calif.) and Rep. Zoe Lofgren (D-Calif.), the top-ranking Democrat on the House subcommittee dealing with immigration -- sent a letter on Thursday to Brown urging him to sign the bill into law.

The TRUST Act passed the assembly on Aug. 24, but Brown has given no indication as to whether he supports it. The bill would put limits on the impact of a key immigration enforcement program, Secure Communities, by instructing law enforcement to ignore some requests from the federal government to hold immigrants suspected of being deportable.

Other states have attempted to go against the program, but the TRUST Act would make California the only state to successfully do so. When Illinois, Massachusetts and New York attempted in 2010 to opt-out of Secure Communities, they were told they could not. The District of Columbia, Santa Clara, Calif., and Cook County, Ill., had made the most significant strides in limiting participation with Secure Communities by passing measures similar to the TRUST Act.

The Obama Administration Approves The First Round of DACA Applicants

September 13, 2012

Already having received 72,000 applications in the last three weeks, with more over a million applications expected to come in, the administration believes that approximately 890,000 of these applications will be approved immediately. Senior immigration officials said this week the first approvals have been granted.

- USCIS has been issuing receipts for applications within 48 hours after they were logged in.
- Biometrics are being scheduled within three weeks after an application is received.
- The first applicants gave their fingerprints last Thursday, and the checks were completed by Monday .Background checks in four days - over a weekend!
- Completed applications first reached the adjudicating officers on Monday (yesterday) and the first few approvals were issued on Tuesday.
- Work permits will be issued in coming weeks to those who were approved.

To read more about this visit:

NY Times Article

October Visa Bulletin

September 11, 2012

October marks the start of the 2013 fiscal year for the federal government. This the new visa bulletin is truly a disaster.

In the past, we have been used to the preference categories moving forward at least 4 weeks each month just so the lines for green cards do not keep getting longer and longer. For instance, last year, the EB-2 numbers for China and India jumped ahead 3 months between September and October. This year, after being unavailable all summer long, the EB-2 category for China opens the new year over 2 years behind what the numbers were last April. EB-2 India, which was identical to EB-2 China in April, retrogresses 5 years in October.

October Visa Bulletin

India Announces a New Visa Processing System

September 7, 2012

The United States Embassy in India announced it is implementing a new visa processing system. This system is supposed to standardize procedures and simplify fee payment and appointment scheduling through a new website at www.ustraveldocs.com/in.

Minister Counselor for Consular Affairs, Julia Stanley, announced at a press conference that beginning September 26, 2012 U.S. visa applicants will be able to pay application fees via Electronic Fund Transfer (EFT) or with their mobile phones. They can also pay in cash at more than 1,800 Axis bank branches. For the first time in India, applicants will be able to schedule their appointments online or by phone. This new system will also allow companies and travel agents to purchase multiple fee receipts for group travel, and it accommodates the scheduling of group and emergency appointments.

http://newdelhi.usembassy.gov/pr090512.html

Students Granted Deferred Action under DACA will not be eligible for Medicare and Medicaid Services (CMS)

September 4, 2012

The Centers of Medicare and Medicaid Services (CMS) under the Department of Health and Human Services wrote a letter addressing DACA recipients. The letter dated August 28, 2012 Letter from CMS states that those who are granted DACA will not be eligible to receive the benefits of Medicaid or Children's Health Insurance Program (CHIP). Though DACA provides temporary relief from removal and a two year work authorization, students whose cases get deferred will still not be eligible for basic health services.

The End of the I-94 Arrival Departure Cards

August 27, 2012

U.S Customs & Border Protection (CBP) released on August 7, 2012 a travel update. This update informs foreign travelers that the I-94 Arrival Departure Card will officially be undergoing an automation process. This new process will entail for all ports of entries to issue electronic I-94 records to travelers, which may take between 30 to 45 days to be registered in the I-94 database.

We believe that some ports of entries may still issue paper I-94 records, but the problem with that, is that those numbers in those cards will not match the electronic I-94 record. We still do not have any indications as to how the foreign nationals will be able to access their electronic record. We hope that CBP soon issues a more clear guidance as to how this new automation process will work.

Discontinued Stamping of Form I-20

August 20, 2012

On August 15, 2012, CBP announced they will no longer be stamping I-20s at Ports of Entry. This change also follows an August 7, 2012 CBP announcement of delays of 30 or more days in entering I-94 data into DHS systems. While CBP works to streamline entry data processes, we find these changes to come at a time when schools are busy receiving and registering students for the new school year.

As of August 15, 2012, students have already encountered difficulties in acquiring certain benefits from agencies (for example, motor vehicle agencies) that look for a stamp on these documents before granting a benefit. USCIS is conducting extensive outreach to ensure that these agencies are aware of this change. NAFSA has already received several reports of these difficulties students are encountering; therefore, they sent an inquiry to USCIS. In response to the NAFSA inquiry, USCIS responded on August 16, 2012: "If specific issues arise with a DMV or other government agency rejecting a student's unstamped I-20, we request that the student or their designated school official (DSO) email USCIS at Public.Engagement@uscis.dhs.gov so that we can contact the government agency to clarify the benefit."

NAFSA has informed the Student and Exchange Visitor Program (SEVP) regarding these changes, and we hope SEVP will soon update their Fact Sheet.

Deferred Action for Childhood Arrivals Forms & Instructions are now available

August 14, 2012

USCIS just posted online the Forms and Instructions for DACA: I-821D Form & Instructions for DACA

All DREAMers are encouraged to seek the counsel of a reputable Immigration Attorney regarding their case. More information regarding Deferred Action will be posted in the www.uscis.gov website by th end of the day.

Tomorrow August 15th- will be the first day USCIS will be accepting applications for consideration. There is no deadline, therefore, applicants should be cautious in not rushing this application process.

With all the talk about Deferred Action for Childhood Arrivals, what happened to the Dream Act?

August 14, 2012

Senate candidate and current Rep. Martin Heinrich (D-NM) believes, President Obama's new policy for Deferred Action for Childhood Arrivals should not end there, but wants the Democratic Party to adopt the DREAM Act as one of the party platform planks.

With the help of three Senate candidates in the Southwest, Rep. Martin Heinrich is leading the effort to help young illegal immigrants to have a path to citizenship. Democratic candidate Shelley Berkley in Nevada said she supports the campaign, and a spokesman for Richard Carmona in Arizona said he does as well.

If the DREAM Act is passed it would give young illegal immigrants who attend college or serve in the military a path to citizenship.

For all who do not recall what happened a few years back with the Dream Act, let us recap:

The Democratic-led House approved the DREAM Act (Development, Relief, and Education for Alien Minors) in December 2010, but Republicans blocked it in the Senate.

While the bill has not been approved by either the House or the Senate since, President Obama has supported it as part of his immigration reform efforts. It's unclear whether the Democratic Party's platform committee will add support of the bill to the platform.

So far we know that in Nevada, a spokesman for the campaign of Berkley's Republican opponent, Sen. Dean Heller, called the DREAM Act "a Band-Aid solution that will not solve the larger problem." Heller was among the Republican House members who voted against the bill in 2010.

As the media continues to inform us daily on DACA (Deferred Action of Childhood Arrivals), let us be reminded that individuals who would qualify for the DREAM Act will certainly have a pathway to permanent lawful status, unlike this new process that does not provide that certainty. We are strong advocates for the Dream Act and will continue to wait for Congress, acting through its legislative authority, pass the DREAM Act.

VISA INTERVIEW SCAM

August 13, 2012

The Philippine Overseas Employment Administration (POEA) has issued a war ning about a fraudulent visa interview coaching program. The scam uses a name of a sender "David R. Purvis", who uses a hushmail.com free e-mail account to solicit prospective victims. This program is not to be trusted.

The e-mail sender assures the worker the following: "No placement fee. No processing fee. No salary deduction. No show money. No experience required. Free accommodation and food allowance" and more. To know more about the scam, please visit POEA Warning.

Job applicants who have received such recruitment emails should forward them for investigation to: info@poea.gov.ph

September 2012 Visa Bulletin

August 10, 2012

The State Department has released its September Visa Bulletin:

September Visa Bulletin

2014 Diversity Visa Registration

August 9, 2012

Online registration for the 2014 Diversity Visa program will begin Oct. 2 at 12:00 pm EDT.

See Information below:

Diversity Visa Registration

Latest Guidelines for: DEFERRED ACTIONS FOR CHILDHOOD ARRIVALS (DACA)

August 6, 2012

Frequently Asked Questions :

1. Is Deferred Action a law?

No. Deferred action is a discretionary determination on the part of DHS. It is an act of prosecutorial discretion. The new policy will allow certain foreign-born individuals who entered the United States as children to apply for 2-year work permits, and possibly for extensions. It is not a path to a green card or to U.S. citizenship.

2. Who is eligible for Deferred Action?

You may apply starting on August 15, 2012 if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16^th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

6. Are currently in school, have graduated or obtained a certificate of completion from high school, have obtained a general education development (GED) certificate, or are an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

3. What forms do I use to apply, and what are the filing fees?

Beginning August 15, 2012, you will be required to submit your request for consideration of deferred action to USCIS through a form ( we do not know what form USCIS will use as of today), along with a form requesting an employment authorization document. The total fees will be $465. USCIS is still developing the forms and will be submitting them to the Office of Management and Budget (OMB) for review.

Pending OMB clearance, the forms and instructions will be available on the USCIS website on August 15, 2012. Do not submit any request to USCISbefore these forms are available.

*All requests received before August 15, 2012 will be rejected*

4. If my application is denied, can I appeal?

You cannot appeal or submit a motion to reopen/reconsider if your application is denied. However, the memo is silent about whether you can reapply for deferred action if you initial application is denied.

USCIS will implement a supervisory review process in all four Service Centers to ensure a consistent process for considering requests for deferred action for childhood arrivals. USCIS will require officers to elevate for supervisory review those cases that involve certain factors.

5. If my application is denied, can I be placed in removal proceedings?

Usually not. However, there are exceptions, so be very careful. Below is how the USCIS memo explaining:

Information provided in this request is protected from disclosure to U.S. Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CBP) for the purpose of immigration enforcement proceedings unless the requestor meets the criteria for the issuance of a Notice To Appear or a referral to U.S. Immigration and Customs Enforcemet. Individuals whose cases are deferred pursuant to the consideration of deferred action for childhood arrivals process will not be referred to ICE. The information may be shared with national security and law enforcement agencies, including ICE and CBP, for purposes other than removal, including for assistance in the consideration of deferred action for childhood arrivals, to identify or prevent fraudulent claims, for national security purposes, or for the investigation or prosecution of a criminal offense. The above information sharing policy covers family members and guardians, in addition to the requestor.

This policy, which may be modified, superseded, or rescinded at any time without notice, is not intended to, does not, and may not be relied upon to create any right or benefit, substantive or procedural, enforceable at law by any party in any administrative, civil, or criminal matter.

6. If my application for deferred action is approved, can I travel outside of the U.S.?

Not automatically. If USCIS has decided to defer action in your case and you want to travel outside the United States, you must apply for advance parole by filing a Form I-131, Application for Travel Document and paying the applicable fee ($360). USCIS will determine whether your purpose for international travel is justifiable based on the circumstances you describe in your request. Generally, USCIS will only grant advance parole if you are traveling for humanitarian purposes, educational purposes, or employment purposes. You may not apply for advance parole unless and until USCIS determines whether to defer action in your case pursuant to the consideration of deferred action for childhood arrivals process. You cannot apply for advance parole at the same time as you submit your request for consideration of deferred action for childhood arrivals. All advance parole requests will be considered on a case-by-case basis.

7. If I have traveled outside the United States since June 15, 2007, can I still qualify for deferred action?

A brief, casual, and innocent absence from the United States will not interrupt your continuous residence. If you were absent from the United States for any period of time, your absence will be considered brief, casual, and innocent, if it was before August 15, 2012, and:

1. The absence was short and reasonably calculated to accomplish the purpose for the absence;

2. The absence was not because of an order of exclusion, deportation, or removal;

3. The absence was not because of an order of voluntary departure, or an administrative grant of voluntary departure before you were placed in exclusion, deportation, or removal proceedings; and

4. The purpose of the absence and/or your actions while outside the United States were not contrary to law.

8. If I am no longer attending school, and do not have a high school degree or a GED, am I still eligible for deferred action?

To be considered "currently in school" under the guidelines, you must be enrolled in school on the date you submit a request for consideration of deferred action under this process.

So, in your case, you should enroll in school prior to submitting your application for deferred action.

9. I am currently in removal proceedings. How can I apply for deferred action?

Persons in removal proceedings, those with a final order or with a voluntary departure order may apply for deferred action. Submit your request to the USCIS.

10. I am under a Final Order of Removal and am in ICE custody, can I still apply for deferred action?

Yes. However, you should not submit your application to the USCIS, but should identify yourself to your detention officer or contact the ICE Office of the Public Advocate through the Office's hotline at 1-888-351-4024 (staffed 9am - 5pm, Monday - Friday) or by e-mail at EROPublicAdvocate@ice.dhs.gov

11. If I have been convicted of a misdemeanor, can I still qualify for deferred action?

Only if you were not convicted of a "significant misdemeanor" or of 3 or more misdemeanors.

A "significant misdemeanor" is a misdemeanor as defined by federal law (specifically, one for which the maximum term of imprisonment authorized is one year or less but greater than five days) and that meets the following criteria:

1. Regardless of the sentence imposed, is an offense of domestic violence; sexual abuse or exploitation; burglary; unlawful possession or use of a firearm; drug distribution or trafficking; or, driving under the influence; or,

2. If not an offense listed above, is one for which the individual was sentenced to time in custody of more than 90 days. The sentence must involve time to be served in custody, and therefore does not include a suspended sentence.

The time in custody does not include any time served beyond the sentence for the criminal offense based on a state or local law enforcement agency honoring a detainer issued by U.S. Immigration and Customs Enforcement (ICE). Notwithstanding the above, the decision whether to defer action in a particular case is an individualized, discretionary one that is made taking into account the totality of the circumstances. Therefore, the absence of the criminal history outlined above, or its presence, is not necessarily determinative, but is a factor to be considered in the unreviewable exercise of discretion. DHS retains the discretion to determine that an individual does not warrant deferred action on the basis of a single criminal offense for which the individual was sentenced to time in custody of three months or less.

12. Do I need to hire an attorney in order to apply for deferred action?

Not necessarily. The memo advises applicants to visit the DHS "Avoid Scams" page to protect yourself.

However, if there are issues with your application: unlawful entries to the U.S. during the past 5 years, criminal convictions, removal proceedings, etc., it may be to your advantage to get some legal advice before you apply.

We suggest you contact us to schedule an appointment in order to determine if you may or may not qualify for Deferred Action for Childhood Arrivals (DACA).

Consideration of Deferred Action for Childhood Arrivals Process is Out!

August 3, 2012

As of August 15, 2012 you can apply for DACA ( Deferred Action for Childhood Arrivals).

You may request consideration of deferred action for childhood arrivals if you:

1. Were under the age of 31 as of June 15, 2012;

2. Came to the United States before reaching your 16th birthday;

3. Have continuously resided in the United States since June 15, 2007, up to the present time;

4. Were physically present in the United States on June 15, 2012, and at the time of making your request for consideration of deferred action with USCIS;

5. Entered without inspection before June 15, 2012, or your lawful immigration status expired as of June 15, 2012;

7. Have not been convicted of a felony, significant misdemeanor, three or more other misdemeanors, and do not otherwise pose a threat to national security or public safety.

Individuals may begin to request consideration of deferred action for childhood arrivals on August 15, 2012. Please do not file before August 15. If you file early, your request will be rejected.

Please visit the link below for all questions regarding the cost, process time, and requirements.

Deferred Action Guidelines

Deferred Action Flow Chart

We are accepting calls regarding this process. So call us today if you need further clarification.

Bill H.R. 3120: Student Visa Reform Act- Passed House

August 2, 2012

Student Visa Reform Act - Amends the Immigration and Nationality Act to require that a person coming to study at a college, university, or language training program in the United States under a nonimmigrant student F-visa must attend an institution that is accredited by an accrediting agency recognized by the Secretary of Education. Provides a three-year exemption for students coming to study at a college or university that has been certified by the Secretary of Homeland Security (DHS) but not yet accredited by an accrediting agency.

Authorizes, under specified circumstances, the Secretary to require elementary and secondary schools (exempts religious institutions) to be similarly accredited for F-visa purposes.

Deferred Action Update: Required Documents

August 1, 2012

The new Obama Administration deferred action initiative will allow undocumented youths to receive protection from deportation for a two year period and apply for a work permit. Both the deferred action and the work permit will be renewable. Deferred action does not confer lawful permanent resident status (green card status) or put the immigrant on track for US citizenship.

To qualify for deferred action, applicants must:

• have come to the US before they turned 16;
• younger than 31 as of June 15, 2012 and (for youths not in deportation) must be 15 or
older;
• have continuously resided in the US since June 15, 2007, and must have been present in
the US on June 15, 2012;
• currently be in school, have received a high school diploma or GED, or have been
honorably discharged from the US Armed Forces or the Coast Guard; and
• have not been convicted of a felony, a "significant misdemeanor," multiple
misdemeanor offenses, or otherwise pose a threat to national security or public
safety. Anyone applying for deferred action will need to undergo a criminal background
check

The application process for deferred action will not begin until August 15th. However, before that time, prospective applicants should begin collecting the required documentation.

Documentation demonstrating identity and age includes:

• Birth certificates and copies of birth certificates
• Foreign passports and consular identification cards
• School ID cards with photograph
• Library cards
• Tourist visas
• U.S military cards or draft records
• U.S Coast Guard Merchant Mariner cards

Documentation demonstrating arrival in the U.S. before the age of 16, residence in
the U.S. since June 15, 2007, and presence in the United States on June 15, 2012:

• School records such as certified transcripts, report cards, or diplomas• Medical records such as patient history and physical examination reports, consultation reports, operative reports, emergency reports, clinical notes, referral letters, or discharge summaries
• Employment records such as wage receipts, copies of employer-issued checks, copies
of employer-issued cancelled checks, documents on the calculation of end of year
payments, or dismissal letters
• Financial records such as utility bills (gas, electric, sewer, water, cable, or phone),
hospital bills, ATM receipts, parking tickets, tax forms, or rent receipts
• Military records such as report of separation forms, payroll records, morning reports
and separation rosters, military service records, and health records

Documentation demonstrating enrollment in school, graduation from high school, or receipt of
the GED includes:

• Diplomas
• GED certificates
• Report cards
• School transcripts

Documentation demonstrating honorable discharge from the Coast Guard or Armed Forces
includes:
• Report of separation forms
• Military personnel records such as payroll records, morning reports and separation
rosters, or military service records
• Military health records

Applicants should also get a physical copy of their police arrest records (including
documentation of searches of police records showing no arrests).

If you are a male between the ages of 18 and 25, please remember to sign up for selective service. Not doing so could interfere with your deferred action application, especially because it is required that you sign up (regardless of status) under federal law.

Money orders will also be necessary for application - while the cost for applying
for work authorization and biometrics will be $465, the cost of the deferred
application itself has yet to be released.

SCAM ALERT

July 30, 2012

The American Immigration Lawyers Association (AILA) has advice us that, that there have been reports of a new scam potentially victimizing foreign nationals.

According to a report, individuals are receiving phone calls purporting to be USCIS officers, who know certain correct information about the individuals, including their names and addresses. The callers claim that there is a discrepancy in USCIS records, and ask for confirmation of data, such as I-94 numbers, "A" numbers, or visa control numbers. The callers then tell the victims that there is a penalty for the discrepancies, and instruct them to send payment via Western Union, to an address the caller provides.

We advise everyone to BE ON ALERT that for such calls. If you receive a call you suspect to be part of such a scam, report it to appropriate law enforcement authorities, which may include the FBI, and to the Federal Trade Commission's Bureau of Consumer Protection, whose Consumer Sentinel database is accessed by criminal and civil law enforcement authorities worldwide.

DHS: Deferred Action for Dreamers could cost $585 million

July 25, 2012

The Obama administration's new plan to grant temporary work permits to many young, illegal immigrants who otherwise could be deported may cost more than $585 million and require hiring hundreds of new federal employees to process more than 1 million anticipated requests, according to internal documents obtained by The Associated Press.

The internal government plans obtained by the AP provide the first estimates of costs, how many immigrants were expected to participate and how long it might take for them. It was not immediately clear whether or under which circumstances any immigrants would not be required to pay the $465 paperwork fee. The plans said there would be no waivers, but Homeland Security Secretary Janet Napolitano told Congress last week that the government would grant waivers "in very deserving cases." She said details were still being worked out.

"We anticipate that this will be a fee-driven process," Napolitano said.

A spokesman for the Homeland Security Department, Peter Boogaard, said the plans obtained by the AP were "preliminary documents" and the process is still being worked out. The plans said that, depending on how many applicants don't pay, the government could lose between $19 million and $121 million.

U.S. Citizenship and Immigration Services estimated it could receive more than 1 million applications during the first year of the program, or more than 3,000 per day. It would cost between $467 million and $585 million to process applications in the first two years of the program, with revenues from fees paid by immigrants estimated at $484 million, according to the plans. That means the cost to the government could range from a gain of $16 million to a loss of more than $101 million.

The government estimated that as many as 890,000 immigrants in the first year would be immediately eligible to avoid deportation. The remaining 151,000 immigrants would likely be rejected as ineligible. The plans estimated that the Homeland Security Department could need to hire more than 1,400 full-time employees, as well as contractors, to process the applications. Salaries were included in the agency's estimates of total program costs.

Once immigrants submit their applications, it could take between two and 10 days for the Homeland Security Department to scan and file it. It could take up to four weeks longer to make an appointment for immigrants to submit their fingerprints and take photographs. A subsequent background check could take six more weeks, and then three more months for the government to make its final decision before a work permit would be issued. Napolitano said new information about the program should be made available by August 1, 2012. She has said immigrants would generally not be detained by immigration authorities while their application is pending.

Immigration Court Backlogs and Wait Times Reach New Highs

July 20, 2012

The number of cases awaiting resolution before the Immigration Courts keeps rising, along with the average time these pending cases have been waiting. At the end of June 2012 the backlog reached a new all-time high of 314,147. According to the very latest data obtained and analyzed by the Transactional Records Access Clearinghouse (TRAC), that total is up 5.6 percent this year. Average wait times jumped to 526 days, compared with 489 days at the end of fiscal year 2011 and 447 days at the end of fiscal year 2010.

Using TRAC's updated app, you can get information about backlog and wait times by charge on all of the cases filed in the Immigration Courts. In addition, you can drill down to the state, court, hearing office and nationality for both backlog and wait times.

DOLETA NPC Chicago Address Change

July 19, 2012

The Employment and Training Administration announced an address change for the Chicago National Processing Center. Starting on June 20, the Chicago NPC began accepting hard copy applications at its new location. The address is:

U.S. Department of Labor, Employment and Training Administration

Office of Foreign Labor Certification

Chicago National Processing Center

11 West Quincy Court

Chicago, IL 60604-2105

Telephone: 312-886-8000

Facsimile: 312-353-8830.

The new address in connection with fees (used for all invoices/fees submitted in connection with the H-2A program) is:

U.S. Department of Labor, Employment and Training Administration

Office of Foreign Labor Certification

Chicago National Processing Center

P.O. Box A3804

Chicago, IL 60690-A3804.

BALCA (Case No. 2011-PER-01000 )on Lawful Rejection: Matter of JP Morgan Chase & Co. on behalf of Shubhi Anand (Alien)

July 18, 2012

Jenny Nieves, Esq. appeared before the Administrative Law Judges (Sarno, Bergstrom, and Malamphy) in the Decision and Order Vacating Denial of Certification. In this matter the employer explained why the job requirements were a business necessity and why on the job training was not feasible in its Recruitment Report. The CO did not contend the requirements were unduly restrictive. The employer showed the U.S. applicants did not have the required skills for the position as listed on ETA Form 9089. Per Concurrent Computer Corp., supra, the CO cannot dismiss the employer's stated requirements and substitute his judgment for the employer's. These facts eliminate CO's basis for denial. Accordingly, it was ordered on July 16, 2012 that the denial of labor certification in this matter is hereby vacated and remanded for processing.

Matter of JP Morgan Chase & Co., July 16, 2012

Proceed with caution when applying for Deferred Action

July 16, 2012

Are you getting ready to apply for a work permit under the President’s new deferred action policy which will take effect in August? After practicing immigration law for many years, I advise you to proceed with extreme caution.

Why?

Consider the following:

1) Applying for deferred action requires you to reveal a lot of information about yourself to the government. Your name, address, contact information, when and how you entered the U.S., etc. You have to be unlawfully in the U.S. to qualify. In all probability, you have other members of your family who do not qualify for deferred action. Only if you are certain that your parents or other family members will not be targeted for deportation should you apply.

2) Remember that deferred action gives you only a two-year work permit. Then what happens? You don’t get a green card, U.S. citizenship or even necessarily another work permit. What if President Obama is not re-elected? Could the deferred action policy be reversed? Could the information which you provided to the government be used against you and your family? Probably.

3) If you decide to apply for deferred action, the eligibility requirements are not entirely clear. For example, the policy requires that you have “continuously resided in the United States for at least five years” before the June 15, 2012 memo. What if, during the 5 year period, you traveled out of the U.S.? Do you still qualify? Perhaps, since the memo uses the words “resided” not “physical presence”. But if you reentered the U.S. unlawfully, you may be permanently barred from applying for a green card without a waiver. If so, would this also affect your application for deferred action? At this point, no one knows.

4) What if your application for deferred action is denied? Can you appeal? No. Can you be deported? No one knows for sure, so take care!

So, given all this uncertainty which surrounds the program, what is your best course of action? I believe you need the best legal representation you can find. We are here to help you through the entire process, do not hesitate to schedule an appointment with our firm.

US Department of Labor reaches agreement resulting in more than $2.3 million in back wages to temporary foreign agricultural workers

July 13, 2012

Yerington, Nevada-based onion grower Peri & Sons has agreed to pay a record total of $2,338,700 in back wages to 1,365 workers, along with a civil money penalty of $500,000, for violations under the H-2A program.

U.S. Department of Labor Administrative Law Judge Steven Berlin in San Francisco signed the order granting the consent findings. "We are pleased to have reached this record agreement to pay workers the wages and expenses they are due," said Secretary of Labor Hilda L. Solis. "In order for the H-2A program to operate as intended, all employers must comply with the law." An investigation by the department's Wage and Hour Division determined that workers employed by Peri & Sons involved in irrigation, as well as harvesting, packing and shipping onions sold in grocery stores nationwide, were not paid properly for work performed. Investigators also found that workers were not paid for time spent in mandatory pesticide training or reimbursed for subsistence expenses while traveling to and from the U.S. Additionally, their return transportation costs at the end of the contract period were not paid, as was required.

August 2012 Visa Bulletin

July 10, 2012

This Visa Bulletin contains no surprises. EB-2 China and India remain Unavailable and will remain Unavailable until the October 2012 Visa Bulletin, which is the first one of US Fiscal Year 2013. The conventional wisdom is that the EB-2 China and India dates will leap ahead, although how far ahead remains to be seen.

The EB-3 categories had their usual slow but steady progress in the August Bulletin, a pace that is expected to remain for the foreseeable future.

August 2012 Visa Bulletin

H1B Visas: The U.S Department of Labor New Revisions

July 6, 2012

More changes coming. The U.S. Department of Labor (DOL) recently published a proposed revision of ETA Form 9035 and its instructions. Form 9035 is more commonly known as the Labor Condition Application (LCA), and is required for all H-1B, H-1B1, and E-3 visa petitions. The proposed revisions would, among other things, limit the maximum number of workers who could be covered on a single LCA to no more than 10, and require that the intended worker(s) be identified by name on the LCA form prior to filing.

These are significant changes. The current rules allow a single LCA to cover hundreds of workers, and there is no requirement that there be any worker-identifying information on the LCA. In addition to the proposed revisions to the ETA 9035, the DOL also released a proposed version of Form WH-4, which is used by the DOL's Wage and Hour unit to collect complaints of possible violations of the H-1B, H-1B1 and E-3 visa programs.

The DOL indicates that the proposed changes in data collection are intended to improve enforcement and investigation of LCA violations. The DOL will accept comments on the proposed form and its changes until September 7, 2012. Expect even more delays in the preparation and filings of LCA, guess it will also affect the timing for getting H1B's filed by the deadline. We will keep you posted.

EB2 WILL BE CURRENT OCTOBER 1, 2012

July 3, 2012

The Department of State's Visa Office head Charlie Oppenheim met with the American Immigration Lawyers Association on June 19, 2012 to discuss the recent retroactive dates in All Other Countries, including the Philippines. Mr. Oppenheim has confirmed that he expects that the All Other Countries EB2 date will return to Current on October 1, 2012, which is the beginning of US Fiscal Year 2013.

Readers should note that the All Other EB-2 date shortly will become Unavailable. This will not impact the Current date on October 1, 2012.

Mr. Oppenheim also confirmed that EB-2 China and India will be August/September 2007 on October 1, 2012. He expects that the India and China EB-2 dates will remain in 2007 for the first several months of FY 2013.

The U.S. Supreme Court struck down three provisions of Arizona's controversial Illegal Immigration Law

July 2, 2012

Many state and local governments have written or enacted immigration laws and ordinances that were patterned after Arizona's Senate Bill 1070.

The Supreme Court's ruling struck down these key parts of Arizona Senate Bill 1070, passed by the state legislature and signed into law in 2010:

-A provision that makes it a state crime for illegal immigrants not to have federal documents on their person. Under the Arizona law, an immigrant could have been arrested for not carrying immigration papers and producing them when asked by a law enforcement officer.

-A provision that makes it a crime for illegal immigrants to work or look for work in the state. Immigrants who solicited day labor work in parking lots or on street corners could have been arrested.

-And allowing state and local law enforcement to arrest illegal immigrants without a warrant when officers believe there is probable cause they have committed any offense that could lead to the person's deportation.

The justices upheld a portion of the law that allows local police to stop, question and briefly detain immigrants if officers have reason to think they are here illegally. Immigrant advocates and rights groups believe the "show me your papers" measure opens the door to profiling and discrimination.

The ruling would appear to greatly limit the ability of states to write immigration laws. Alabama, Georgia, Utah, Indiana, and South Carolina followed Arizona and passe similar laws last year.

Justice Anthony Kennedy wrote the majority opinion, and he was joined by Chief Justice John Roberts and Justices Ruth Bader Ginsburg, Stephen Breyer and Sonia Sotomayor.

Deferred Action for DREAMERS- So what do you do now?

June 25, 2012

Very Important Information: Dreamers NOT currently in proceedings (should NOT apply affirmately for Deferred Action at this time). USCIS has stated that they will begin accepting affirmative applications by mid-August.

Therefore , since no one cal file anything,here are things applicants could do in the next few months.

Start gathering information. Anyone who might qualify should begin gathering documents to prove he or she meets the educational requirements and has been in the United States for the necessary period. School transcripts, in particular, will be helpful.

To be eligible for deferred action status, a qualified individual must:

Be between the ages of 15 and 30 years old;
Have entered the country prior to age 16;
Have been present in the U.S. for 5 years as of June 15, 2012;
Have maintained continuous residence;
Have not been convicted of one serious crime or multiple minor crimes (as specified by administrative regulation or interpretation); and
Be currently enrolled in or graduated from high school, have a GED or be enlisted in the U.S. armed services.

We also suggest that anyone convicted of a misdemeanor get a certified copy of the court disposition and take it to an immigration lawyer or reputable community organization for advice and analysis.

Other than that, keep following the news, our website, Facebook, and twitter as we continue to keep you updated.

EMPLOYMENT SECOND PREFERENCE VISA AVAILABILITY

June 19, 2012

Continued heavy demand for numbers in the Employment Second preference category has required the establishment of a Worldwide cut-off date for the month of July. This action has been taken in an effort to hold number use within the annual numerical limit. Should there be an increase in the current demand pattern, it may be necessary to make this category completely "unavailable" prior to September 30, 2012.

Visa Bulletin

UPDATES: NEW IMMIGRATION LAW FOR DREAMERS

June 18, 2012

The Obama administration announced Friday that it will stop deporting law-abiding young undocumented immigrants who came to the U.S. as children and will instead begin granting them work permits. This law is effective immediately. This is not an amnesty and not everyone is eligible. DO NOT BE SCAMMED. Please consult with our office.

If you know anyone who came to the United States under the age of sixteen; has continuously resided in the United States for a least five years prior to June 15, 2012 and is present in the United States; is currently in school, has graduated from high school, has obtained a general education development certificate, or is an honorably discharged veteran of the Coast Guard or Armed Forces of the United States; and has not been convicted of certain crimes, please advise them to schedule a consultation immediately with our experienced immigration attorneys.

*USCIS alerts eligible individuals NOT to submit a deferred action request under the Deferred Action Process for Young People memorandum issued by Secretary Napolitano on June 15. If you submit now, your application will be rejected. The Secretary's directive gives USCIS 60 days to create a process to accept these requests and USCIS is not able to accept request at this time. Please continue to check the www.uscis.gov website daily.*

Beginning Monday, June 18, individuals can also call USCIS' hotline at 1-800-375-5283 or ICE's hotline at 1-888-351-4024 during business hours with questions or to request more information on the forthcoming process.

THE POLICY OF PROSECUTORIAL DISCRETION WILL BE EXPANDED TO ALL ELIGIBLE DREAMERS

June 15, 2012

President Obama will announce a new immigration policy this morning that will allow some undocumented students to avoid deportation and receive work authorization.

Under the “deferred action” policy, students in the U.S. who are already in deportation proceedings or those who qualify for the DREAM Act and have yet to come forward to Department of Homeland Security (DHS) officials, will not be deported and will be allowed to work in the United States.

An estimated 1 million young people could benefit from the deferral. To be eligible, applicants have to be between 15 and 30 years old, live in the U.S. for five years, and maintain continuous U.S. residency. People who have one felony, one serious misdemeanor, or three minor misdemeanors will be ineligible to apply. “Deferred action” will last for two years and can be renewed.

Obama is expected to speak about this new policy later today.

It is Over: USCIS Reached Statutory Cap for FY 2013

June 12, 2012

On June 11, 2012, USCIS received a sufficient number of petitions to reach the statutory cap for FY 2013. On June 7, 2012, USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject petitions subject to the cap for H-1B specialty occupation workers seeking an employment start date in FY 2013 that are received after June 11, 2012.

USCIS continues to accept petitions exempted from the cap and DOD cooperative research worker H-1B petitions and Chile/Singapore H-1B1 petitions requesting an employment start date in FY 2013.

EB-2 Retrogression

June 12, 2012

The State Department its dealing with an unexpectedly large number of green card applications in the EB-2 category by retrogressing the processing dates back to January 1, 2009 effective July 1st. That means those of you non-Indians and non-Chinese with approved PERMS or who are otherwise ready to file I-140s,need to do it in the next few weeks or you could be waiting awhile.

Visa Bulletin

Indian Physicians Victims of J-1 Visa Denials at American Consulates in India

June 11, 2012

There have been reports that dozens of Indian physicians who have been accepted into medical residency programs in the United States to begin on July 1, 2012, are being denied J-1 visas to return to the United States to undertake graduate medical education. Physicians are warned not to apply for J-1 visas in India at this time as they risk their futures and careers by doing so.

This is the general denial pattern that the American Consulate in India is doing: The physicians were previously issued ten year multiple entry visitor for business/visitor for pleasure (B-1/B-2) visas at a consular post in India. Properly using these visas, they entered the United States for the purpose of completing medical credentialing exams which can only be taken in the United States (USMLE Step 2, Clinical Skills and Step 3) in preparation for undertaking residency training programs. The other purpose of recent travel to the United States was to attend interviews for residency training programs. Both are perfectly proper uses of the "B-1/B-2" visa. Not only have consular officers in India been denying the j-1 visas, but they have also cancelled their valid B-1/B-2 visas improperly. Reports are that none of the physicians overstayed a prior visa or improperly used the visa. However, the denials have gone viral nonetheless.

Unfortunately, there is no right of appeal of such subjective and arbitrary denials. The American law presumes that an applicant for a J-1 visa is guilty until proven innocent and a consular officer cannot be wrong in such refusal. It is sufficient to deny the J-1 visa if the consular officer subjectively believes at the time and place the physician is interviewed that the presumption of immigrant intent has not been overcome. These are physicians who meticulously complied with their prior visas and returned to India to apply for a J-1 visa. They did not have to leave the United States; they could have applied for a change of status to J-1 in the United States or applied at a consular post closer to the United States. Their good faith return to India was met with an arbitrary visa denial. The ECFMG is attempting to resolve the issue through Department of State channels. Physicians issued ECFMG sponsorship should report visa denials to Irene Anthony at ECFMG (ianthony@ecfmg.org).

New USCIS Procedures for Case Processing Errors

June 8, 2012

The U.S. Citizenship and Immigration Services (USCIS) has instituted new procedures designed to facilitate prompt resolution of certain specific, clear USCIS case processing errors.

5-Day Goal for Resolving Certain Limited Errors

USCIS has established new procedures to resolve certain limited errors by obtaining a case review within a targeted goal of five (5) business days. This option is available only in the instance of a USCIS data entry error or other administrative error that results in the denial of a case. To request this review, it is necessary to contact the National Customer Service Center (NCSC) at 1.800.375.5283 and ask for an expedited service request.

This is NOT a system to simply request faster action in a case. It is also not a system for bypassing the need to file a motion or appeal to challenge a decision based upon claims of mistake in the application of the law or mistake in the interpretation of the facts of the case. As explained, it is only for specified types of fundamental clerical or administrative errors.

Only Four Categories of Administrative Errors Qualify:

Denials based solely upon failure to submit a response to a request for evidence (RFE), notice of intent to deny (NOID), or notice of intent to revoke (NOIR) when a response was timely filed to the correct location [In these cases, it is necessary to prove that a response was received by the USCIS. Thus, as with all immigration filings, it is important to use a traceable type of delivery service and keep copies of all filings.]
Denials based upon failure to respond to an RFE, NOID, or NOIR, if there is evidence that the request or notice was never transmitted to the correct individual. [It can be difficult to establish that an individual did not receive a document. This typically is more easily proven by businesses and law firms that routinely log and track their mail. ]
Denials for abandonment based upon a failure to appear at a biometrics appointment, or failure to respond to an RFE, NOID, or NOIR because the notice or request was sent to an incorrect address [This is only possible if the applicant or petitioner has provided correct updated address information. It is not a mistake on the part of the USCIS if mail is sent to an old address because no notification of an address change was every provided.]
Denials for failure to appear at a biometrics appointment, when there is proof that the appointment was rescheduled

Once an individual, employer, or representative calls the USCIS and asks for an expedited service request, the USCIS will endeavor to take action within five business days. The USCIS has said that this timeframe may not be possible if there is an extended delay between the denial decision and the call to the USCIS. This is in part attributable to file transfers that occur within 30 days of a decision, which may necessitate retrieval of a file, causing delay.

If the NCSC concludes that the case appears to fit within one of the four allowable categories of error, it will create an expedited service request. This will be routed to the USCIS office that made the decision in question. The appropriate office is supposed to review the case and respond within five business days, when possible.

Responses could include instructions to appear at a field office to present evidence in support of a claimed error. Alternatively, the USCIS may admit to the error and provide information regarding the outcome or timetable for further communications. If the USCIS finds no qualifying error on their part, this will be stated in the response. Finally, if the USCIS cannot make a decision in five business days, it should be so stated in the response and the delay should be explained with an estimated schedule for further response.

New OPT Changes

June 5, 2012

The Optional Practical Training program (OPT) that allows foreign science, technology, engineering and math, or STEM, grads to work in the U.S. for 29 months without a work visa was expanded last month by President Barack Obama's administration. Through this program many students have been allowed to work in the U.S. without a work visa for up to 12 months until 2008, when the George W. Bush administration increased the time limit to 29 months. Though President Obama’s administration is maintaining the 29-month OPT term limit, the expansion took place in the area of study, by increasing 90 fields of study.

There are many critics of the OPT extension suggesting that these changes will increase H-1B visa abuse. For instance, OPT employers are not subject to the same rules governing H-1B workers, who must be paid the prevailing wage.The U.S. has approved about 35,274 OPT extensions and denied only 613 since the program was started.

H-1B Cap Count June 2012

June 4, 2012

The Cap Count for H-1B's is coming to an end. As of this weekend, USCIS has received 55,600 for H-1B Regular Cap and for the H-1B Master's Degree Exemption 18,700. There is no time! If you have not filed your H-1B, today might be your last day, contact our office.

House Republican Introduces DREAM Act Alternative

June 1, 2012

David Rivera (R-FL) introduced the Studying Towards Adjusted Residency Status Act, or Stars Act, yesterday May 31^st, 2012. The bill would apply to students who were entered the U.S. before age 16, got a high school diploma, have no criminal record and were accepted to a four-year college or university. These students would get a five year visa to study and then if they graduate they would be able to adjust status to permanent residency and eventually pursue citizenship.

There has been no feed back from Lamar Smith, the House Immigration Subcommittee Chairman, on whether he will allow the bill to be considered, but Congressman Rivera says that he has not gotten a no from the chairman yet.

H-1 B CAP COUNT UPDATE

May 31, 2012

USCIS has received 48,400 H-1B petitions for the Regular- Cap (for bachelor's degree holders) and 17,500 H-1B petitions for the Master-Cap. There is not much time! File fast! Call our office to file your H-1B today!

E-2 Nonimmigrant Investor Visas for Israelis

May 29, 2012

On February 9, 2012, legislators introduced H.R. 3992 which would allow otherwise eligible Israeli nationals to receive E-2 nonimmigrant investor visas if similarly situated United States nationals are eligible for similar nonimmigrant status in Israel. On February 28, 2012, the House Judiciary committee passed H.R. 3992 by a voice vote. A couple of weeks later, on March 19, 2012 the House of Representatives passed H.R. 3992 by a vote of 371-0. Once signed into law by President Obama, the bill will put Israel on a list with more than 79 other countries whose citizens are eligible for the visas. It is a temporary category that is granted in two-year to five year increments with no limits on the number of extensions.

The E-2 category is available to citizens of countries that have a treaty of trade or commerce with the U.S. such as the Holland, France and the UK. The State Department does not require any specific size investment. Rather it says the business owner must invest a "substantial amount of capital" that generates "more than enough income to provide a minimal living for the treaty investor and his or her family."An E-2 allows treaty nationals to manage investments that are at least 50% Treaty Country owned. The visa requires that the U.S. investment be substantial and generates a substantial income. While there are no hard and fast figures on what the minimum investment amount is, the USCIS generally require a business investment of $50,000 or more, but the investment amount depends on the nature of the business. The E-2 investor must show that its return on investment is more than what is necessary to merely support the investor in the U.S. Unlike the H-1B, the E-2 visa holder’s spouse can also obtain work authorization for the duration of their E-2 status. He or she may then work anywhere.

The E-2 visa is favorable to many who wish to work and conduct business in the U.S. It is not limited to just the owners of companies, but may be used by their managers and specialized knowledge workers.

USCIS Temporarily Delays I-129 Receipt Notice

May 25, 2012

Due to the high number of recently filed I-129 petitions with USCIS, customers may experience a longer than usual period of time to receive a receipt notice from USCIS. Usually, customers can expect to receive their receipt notice within 30 days of delivery confirmation. However, due to an unexpectedly high volume of I-129 petitions, it may be an additional two to four weeks before customers receive a receipt notice.

Customers who do not receive notification of receipt of an I-129 petition within 60 days of their delivery confirmation date may contact the Service Center via e-mail at SCOPSSCATA@dhs.gov.

Justice Department Files Lawsuit against New Jersey IT Company for Retaliation

May 24, 2012

The Justice Department filed a lawsuit on May 22, 2012 against Whiz International LLC, an informational technology staffing company in Jersey City, N.J. There were allegations that the company violated the anti-discrimination provision of the Immigration and Nationality Act (INA) when it terminated an employee in retaliation for expressing opposition to Whiz's alleged preference for foreign nationals with temporary work visas.

The company directed the employee that served as a receptionist and a recruiter, to prefer certain noncitizens in its recruitment efforts excluding U.S Citizens and lawful permanent residents from consideration. The employee was then terminated when she expressed discomfort with excluding U.S Citizens and lawful permanent resident candidates.

The anti-discrimination provision prohibits employers from retaliating against workers who oppose a practice that is illegal under the statue. The complaint seeks a court order prohibition future discrimination by the respondent, monetary damages to the employee, as well as civil penalties.

H-1B Update on Cap Count

May 23, 2012

USCIS has received 42,000 H-1B petitions for the Regular- Cap (for bachelor's degree holders) and 16,000 H-1B petitions for the Master-Cap. There are about 23,000 spots available for regular-cap and 4,000 spots left for the master-cap. There is not much time! File fast! Call our office to file your H-1B today!

H-1B Cap Count Bulletin

USCIS Introduces: ELIS

USCIS launched their Electronic Immigration System (ELIS) yesterday May 22, 2012. This new system will serve to streamline the application process for some immigration benefits. Below is the link to a tutorial USCIS created for all to learn more about ELIS.

USCIS ELIS

AILA wins FOIA Litigation on H1 B case against DHS

May 22, 2012

The American Immigration Lawyers Association (AILA), the Legal Action Center, and in cooperation with counsel at Steptoe & Johnson LLP, filed a FOIA (Freedom of Information Act) lawsuit in July 2010 against Department of Homeland Security (DHS) and United States Citizenship and Immigration Services (USCIS) seeking the public release of records regarding agency policies and procedures related to fraud investigations in the H-1B program. There was considerable public interest in these records because USCIS's H-1B practices have caused confusion and concern among U.S. businesses that legitimately depend on temporary foreign workers with specialized knowledge to operate successfully.

After much litigation in a May 16, 2012 letter, USCIS stated that it undertook "its most rigorous comparative review" of the remaining undisclosed documents requested in AILA's FOIA request and determined that it would disclose the documents in full. On Friday, May 18, 2012, after protracted litigation, DHS and USCIS released unredacted copies of all of the documents sought by AILA.

We are all very thankful that the FOIA request has been granted in full in order to gain a better understanding of DHS and USCIS policy concerning its H-1b fraud program. Now with the help of these documents, employers will have better knowledge of what DHS and USCIS has been focusing on during its fraud investigations for H-1b petitions and what an employer needs to do to ensure that no fraud is going on with the H-1b program.

No more Diversity Visa Lottery?

May 21, 2012

U.S. Sen. John Cornyn (R-Texas) introduced a bill last week to make green cards, or permanent residency, available to students who earn an advance degree, masters or Ph.D. from a research university, meaning a university that has received a federal funding for research. This bill would like to set aside as many as 55,000 green cards to science, technology, engineering and math graduates -- so-called STEM workers. To accomplish this, Cornyn's bill eliminates the so-called diversity lottery, which today makes 55,000 green cards available via a lottery, and makes those visas available instead to STEM graduates.

May 18, 2012

I-140 Priority Date Retention

USCIS recently advised on April 12, 2012 that the Texas (TCS) and the Nebraska Service Center (NSC) have decided that new I-140 petitions in most instances will be able to retain their (older) priority dates from prior approved I-140 petitions, even after revocation in most instances. However, there is an exception to this policy. The older priority date will be retained, as long as the earlier-dated- I-140 was not revoked by the government for reasons of fraud or misrepresentation.

EB2 Upgrades

There has been recent controversy over online courses for foreign students who wish to upgrade from an EB3-to-EB2. This upgrade strategy requires the student to obtain additional education, which can pose difficulties for those who wish to remain employed and gain additional education at the same time. The USCIS was asked whether online degrees from accredited U.S universities are acceptable for EB2 purposes. The USCIS confirmed that degrees from accredited U.S universities will be accepted. This option to online degrees serves as a viable strategy for many in the EB3 category. Those who have questions about these upgrades, and whether it could be an option for them, may wish to contact our office.

USCIS: e-Requested Upgrade

May 17, 2012

"Effective May 11, 2012, USCIS e-Request will undergo two system updates:

Customers will be able to notify USCIS of typographical errors on their immigration benefit documents (e.g., employment authorization documents, permanent residence cards).

In addition, customers will be able to inquire about Application Support Center appointments not received for I-90 and N-400 applications." - USCIS, May 11, 2012.

"Immigration Provisions" HR 4970 Undoes VAWA Protections and Puts Battered Immigrants at Greater Risk of Violence

Yesterday one branch of Congress voted to undo nearly two decades of bi-partisan commitment to the protection of victims of domestic violence, human trafficking, and sexual assault. In passing H.R. 4970, the Violence Against Women Reauthorization Act of 2012 (VAWA) (Adams, R-FL), the U.S. House of Representatives aims to remove protections created by VAWA to ensure that battered immigrants are not further exploited by their abusers. HR 4970 undermines the central goals of VAWA: protecting victims of domestic violence and other crimes and assisting law enforcement with the protection of victims, and the investigation and prosecution of crimes. If passed, it would also pull VAWA relief out of the paradigm governing all other forms of humanitarian relief in the immigration context.

The debate over updating a law that protects victims of domestic abuse has become the latest battleground over immigration policy. Congress recognized a long time ago that immigrants are a particularly vulnerable group when it comes to relationship dynamics because they are at a disadvantage - their ability to obtain a green card requires sponsorship. Thus, the person seeking status is, until the end of the process, until the green card has been delivered, subject to the will of the sponsoring United States citizen (USC) or lawful permanent resident (LPR). Congress created the self-petitioning process "so that the battered alien can seek status independent of the abuser." Paul Virtue, Acting Executive Associate Administrator, Non-Disclosure and Other Prohibitions Relating to Battered Aliens: IIRIRA § 384 (May 5, 1997).

Republicans in Congress are proposing to strip away existing protections for immigrants who are the victims of domestic violence. Currently the law offers anonymity to victims of domestic abuse who are applying for residency visas so that their applications cannot be sabotaged by their abusers. To encourage victims of domestic abuse crimes to remain in the U.S. and cooperate with police, witnesses are able to apply for a special residency visa and eventually apply for permanent residency. Both of these safeguards have been removed from the House bill. The White House has threatened to veto the bill if it passes without restoring existing protections. The Senate version of the bill, which preserves and expands the existing protections, passed last month with bipartisan support, 68 to 31.

H-1B CAP COUNT

May 16, 2012

As of May 11, 2012, USCIS has received approximately 36,700 H-1B petitions towards the 65,000 toward the regular cap and approximately 14,800 petitions towards the 20,000 cap for applicants with U.S Masters. We are currently projecting that the H-1B cap of 65,000 will be reached around June 10, 2012. Our clients are encouraged to initiate their H-1B Petitions by May 25 in order to insure that their H-1B cap-subject petitions are received at the USCIS before the deadline.

H-1B Cap Count
Cap Type	Available	Received	Updated
Regular	65,000	36,700	5/11/2012
US Masters	20,000	14,800	5/11/2012

USCIS Adds Five New Countries to H-2A/H-2B Eligibility List

May 15, 2012

USCIS announced that the Department of Homeland Security, in consultation with the Department of State, identified fifty-eight countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. Each country's designation is valid for one year from the date of publication.

Effective January 18, nationals of the following countries are eligible to participate in the H-2A and H-2B programs: Argentina, Australia, Barbados, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, Croatia, Dominican Republic, Ecuador, El Salvador, Estonia, Ethiopia, Fiji, Guatemala, Haiti, Honduras, Hungary, Iceland, Ireland, Israel, Jamaica, Japan, Kiribati, Latvia, Lithuania, Macedonia, Mexico, Moldova, Montenegro, Nauru, the Netherlands, Nicaragua, New Zealand, Norway, Papua New Guinea, Peru, Philippines, Poland, Romania, Samoa, Serbia, Slovakia, Slovenia, Solomon Islands, South Africa, South Korea, Spain, Switzerland, Tonga, Turkey, Tuvalu, Ukraine, United Kingdom, Uruguay and Vanuatu.

The five countries added this year are: Haiti, Iceland, Montenegro, Spain, and Switzerland.

USCIS may approve H-2A and H-2B petitions for nationals of countries not on this list if it is determined to be in the best interest of the United States.

Visa Bulletin

The Department of State has just released the June 2012 Visa Bulletin.

The Department of State made the India and China EB-2 categories unavailable (indicated by a "U", in the chart below). It is expected that these categories will progress to 2010 once the new fiscal year begins in October 2012. Chinese and Indian EB-2 petitions are still accepted for I-485 filing through May 31.

Proposed Rule Change by Obama Administration Would Make It Easier for Undocumented Relatives of US Citizens to Adjust Status

The Obama administration continues to take small steps to reform the US immigration system in piecemeal fashion. This week the administration proposed a rule change which would allow undocumented immigrant relatives of US citizens to become permanent residents more easily. As the system stands now, any undocumented immigrant who has accrued 180 days of unlawful presence in the US is subject to a 3-year bar of entrance to the US-those who have accrued at least 1 year of illegal presence are subject to a 10-year bar. One of the only recourses is for such an immigrant to leave the US and file a waiver showing that the separation will cause the US citizen relative extreme hardship. However, in the event that such a waiver request is rejected (and due to the strict regulations this is often the case), the immigrant relative would then be subject to the 3 or 10-year bar. Because of the uncertainty and long processing delays, many relatives decide not to risk leaving the country to apply.

The proposed rule change would allow the immediate relatives of US citizens to file this type of extreme hardship waiver before exiting the US. This would reduce the separation time of families and encourage many currently undocumented immigrants to come out of the woodwork so to speak and apply since there would not be the fear of being stranded outside the US. Because the proposed rule change affects administrative law it does not require congressional approval. Officials hope that after a comment period the change will take effect by the end of the year.

Fairness for High-Skilled Immigrants Act (HR 3012) Passed House, Moves to Senate for Consideration

On November 29, 2011, the House passed the Fairness for High-Skilled Immigrants Act by a vote of 389-15. The proposed legislation would eliminate the per-country numerical cap for employment-based immigrants by FY 2015, as well as increase the per country numerical cap for family-based immigrants from 7% to 15%. The measure seeks to make it easier for highly skilled immigrants and their families to come to the United States regardless of country of chargeability.

After the passage by the House, the bill moves to the Senate for consideration. We will keep you updated on its progress there.

USCIS Press Release 11/23/2011

USCIS Reaches Fiscal Year 2012 H-1B Cap

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY) 2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012.

Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22, 2011.

As of Oct. 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the 'advanced degree' exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. In addition, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B cap. Accordingly, USCIS will continue to accept and process petitions filed to:

extend the amount of time a current H-1B worker may remain in the U.S.;
change the terms of employment for current H-1B workers;
allow current H-1B workers to change employers; and
allow current H-1B workers to work concurrently in a second H-1B position.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields such as scientists, engineers or computer programmers.

November 2011 Visa Bulletin Released: EB-2 Dates Move Forward to November 1, 2007 for China and India

The November 2011 Visa Bulletin shows increased movement in the EB-2 category for both India and China, the only two countries which are not current for this class. November 01, 2007 has now become the current priority date for both countries.

The EB-3 category continues to crawl forward (granted slow movement is better than retrogression). The India EB-3 date moved a week to July 22, 2002, while the China date advanced to August 22, 2004. For all other countries December 22, 2005 became the current priority date.

If your date will become current in November, please contact our office to get an adjustment requirement checklist!

H-1B Cap Update: USCIS Has Received 49,200 Cap-Eligible Petitions and 20,000 Exempt Petitions as of 10/28/2011

USCIS will continue to accept petitions until it has reached its cap limit of 65,000--the first 20,000 applications for beneficiaries with a Master's degree are exempt from this cap. The relatively slow rate of application has been a continuing trend over the past few years.

October 2011 Visa Bulletin Released: Forward Movement in EB-2 Category, Smaller Gains in EB-3

The latest visa bulletin (October 2011) shows a three month jump in the EB-2 category for foreign nationals from both China and India--the priority date for both countries in the EB-2 category is now July 15, 2007. This is the greatest movement we have seen in many months in this category.

EB-3 dates for all countries made small gains as well. For all countries but India and China, the priority date moved forward to December 08, 2005. India EB-3 dates moved forward a week to July 15, 2002, while China also moved forward to August 08, 2004.

If your priority date will become current in October 2011, please contact our office so that we may assist you in filing your I-485 petition(s).
View Full October Visa Bulletin.

Obama Administration's New Deportation Policy To Distinguish Between High and Low Priority Cases

In the wake of backlash and recent protests against the Obama administration's high deportation rates and apparently indiscriminate deportation policy, the Department of Homeland Security has announced that it will begin to review all 300,000 pending deportation cases, grouping them by priority level. The plan is to focus the overloaded immigration court system on cases involving real security threats--i.e. those cases involving aliens who have been convicted of serious crimes.

By arming immigration judges and ICE with the power of prosecutorial discretion--the ability to decide which cases to close administratively and which to pursue--the administration's new stance also will potentially safeguard many immigrants from immediate removal, especially those that would have benefited from the passage of the DREAM Act and the repeal of DOMA. Students brought into the country as children and foreigners in same-sex unions with US citizens may be allowed to stay in the US under this new policy at least until new legislation is passed.

No one group will categorically be granted a reprieve, since each case will be reviewed individually. However, many anti-immigration groups are calling the move "backdoor amnesty" and feel that it is an executive end-around which disregards the sentiments of Congress. The administration has been quick to say that the new adjudication policy will in no way take the place of the DREAM Act or comprehensive immigration reform legislation, both of which are still badly needed.

Rather, the goal is to re-prioritize pending cases in the immigration docket system to ensure that cases involving individuals who pose a risk to national security and /or public safety will be the first to be processed. We will keep you updated on how this all plays out.

September 2011 Visa Bulletin Released: Dates Stall

The State Department has released the September 2011 Visa Bulletin, the last for this fiscal year. In general there is much less movement than there has been the past few months. The EB-2 categories for India and China did not move a single day, staying put at April 15, 2007. There was some movement in the EB-3 category as the date for China advanced to July 15, 2004, while the EB-3 India date jumped over a month to July 08, 2002.

See Full Visa Bulletin

Obama Administration To Make It Easier for Foreign Entrepreneurs To Come to US

It is no secret that the Obama administration and others have been looking for ways to allow more foreign entrepreneurs to come to the US. However, instead of creating new visas or dramatically reforming visa regulations, USCIS has instead "clarified" current H-1B and green card policy in such a way as to make it easier for foreign investors to come to the US.

Foreign company founders have found it difficult in the past to qualify for H-1B visas and green cards because a company must sponsor the visa petition--and you cannot sponsor yourself. The clarifications issued August 2, 2011, will now allow a company founder to qualify for an EB-2 Green Card visa as long as his/her position would report to a board of directors or some other supervisory entity.

In addition, such a founder could also qualify for an H-1B visa as long as it can be shown that the person's role as employee would be substantially different and separate from his/her role as the company's founder.

The clarifications come as part of the administration's plan to attract start-ups, especially in the tech sector. By becoming more welcoming to foreign entrepreneurs and investors, the administration hopes to continue to bring the best and brightest to the US and to provide the US with a much-needed economic boost.

USCIS Issues Guidance Memo on the "Employer-Employee" Relationship in H-1B Petitions

Introduction

On August 2, 2011, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers in order to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B 'specialty occupation' classification. In particular it focuses on how the classification pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third party worksites. The memorandum is titled: "Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements: Additions to Officer's Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24)."

In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.

USCIS Questions & Answers

Q: Does this memorandum change any of the requirements to establish eligibility for an H-1B petition?

A: No. This memorandum does not change any of the requirements for an H-1B petition. The H-1B regulations currently require that a United States employer establish that it has an employer- employee relationship with respect to the beneficiary, as indicated by the fact that it may hire, pay, fire, supervise or otherwise control the work of any such employee. In addition to demonstrating that a valid employer-employee relationship will exist between the petitioner and the beneficiary, the petitioner must continue to comply with all of the requirements for an H-1B petition including:

establishing that the beneficiary is coming to the United States temporarily to work in a specialty occupation;
demonstrating that the beneficiary is qualified to perform services in the specialty occupation;
and filing of a Labor Condition Application (LCA) specific to each location where the beneficiary will perform services.

Q: What factors does USCIS consider when evaluating the employer-employee relationship?

A: As stated in the memorandum, USCIS will evaluate whether the petitioner has the "right to control" the beneficiary's employment, such as when, where and how the beneficiary performs the job. Please see the memorandum in the links in the upper right hand of this page for a list of factors that USCIS will review when determining whether the petitioner has the right to control the beneficiary. Please note that no one factor is decisive and adjudicators will review the totality of the circumstances when making a determination as to whether the employer-employee relationship exists.

Q: What types of evidence can I provide to demonstrate that I have a valid employer-employee relationship with the beneficiary?

A: You may demonstrate that you have a valid employer-employee relationship with the beneficiary by submitting the types of evidence outlined in the memorandum or similar probative types of evidence.

Q: What if I cannot submit the evidence listed in the memorandum?

A: The documents listed in the memorandum are only examples of evidence that establish the petitioner's right to control the beneficiary's employment. Unless a document is required by the regulations, i.e. an itinerary, you may provide similarly probative documents. You may submit a combination of any documents that sufficiently establish that the required relationship between you and the beneficiary exists. You should explain how the documents you are providing establish the relationship. Adjudicators will review and weigh all the evidence submitted to determine whether a qualifying employer-employee relationship has been established.

Q: What if I receive or have received an RFE requesting that I submit a particular type of evidence and I do not have the exact type of document listed in the RFE?

A: If the type of evidence requested in the RFE is not a document that is required by regulations, you may submit other similar probative evidence that addresses the issue(s) raised in the RFE. You should explain how the documents you are providing address the deficiency(ies) raised in the RFE. Adjudicators will review and weigh all evidence based on the totality of the circumstances. Please note that you cannot submit similar evidence in place of documents required by regulation.

Q: Will my petition be denied if I cannot establish that the qualifying employer-employee relationship will exist?

A: If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition will be denied if you do not provide sufficiently probative evidence that the qualifying employer-employee relationship will exist for any time period.

Q: What if I can only establish that the qualifying employer-employee relationship will exist for a portion of the requested validity period?

A: If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you may be given an opportunity to correct the deficiency in response to a request for evidence (RFE). Your petition may still be approved if you provide evidence that a qualifying employer-employee relationship will exist for a portion of the requested validity period (as long as all other requirements are met), however, USCIS will limit a petition's validity to the time period of qualifying employment established by the evidence.

Q: What happens if I am filing a petition requesting a "Continuation of previously approved employment without change" or "Change in previously approved employment" and an extension of stay for the beneficiary in H-1B classification, but I did not maintain a valid employer-employee relationship with the beneficiary during the validity of the previous petition?

A: Your extension petition will be denied if USCIS determines that you did not maintain a valid employer-employee relationship with the beneficiary throughout the validity period of the previous petition. The only exception is if there is a compelling reason to approve the new petition (e.g. you are able to demonstrate that you did not meet all of the terms and conditions through no fault of your own). Such exceptions would be limited and made on a case-by-case basis.

Q: What if I am filing a petition requesting a "Change of Employer" and an extension of stay for the beneficiary's H-1B classification? Would my petition be adjudicated under the section of the memorandum that deals with extension petitions?

A: No. The section of the memorandum that covers extension petitions applies solely to petitions filed by the same employer to extend H-1B status without a material change in the original terms of employment. All other petitions will be adjudicated in accordance with the section of the memorandum that covers initial petitions.

Q: I am a petitioner who will be employing the beneficiary to perform services in more than one work location. Do I need to submit an itinerary in support of my petition?

A: Yes. You will need to submit a complete itinerary of services or engagements, as described in the memo, in order to comply with 8 CFR 214.2(h)(2)(i)(B) if you are employing the beneficiary to perform services in more than one work location. Furthermore, you must comply with Department of Labor regulations requiring that you file an LCA specific to each work location for the beneficiary.

Q: The memorandum provides an example of when a beneficiary, who is the sole owner of the petitioner, would not establish a valid employer-employee relationship. Are there any examples of when a beneficiary, who is the sole owner of the petitioner, may be able to establish a valid employer-employee relationship?

Yes. In footnotes 9 and 10 of the memorandum, USCIS indicates that while a corporation may be a separate legal entity from its stockholders or sole owner, it may be difficult for that corporation to establish the requisite employer-employee relationship for purposes of an H-1B petition. However, if the facts show that there is a right to control by the petitioner over the employment of the beneficiary, then a valid employer-employee relationship may be established. For example, if the petitioner provides evidence that there is a separate Board of Directors which has the ability to hire, fire, pay, supervise or otherwise control the beneficiary, the petitioner may be able to establish an employer-employee relationship with the beneficiary.

Q: What happens if I do not submit evidence of the employer-employee relationship with my initial petition?

A: If you do not initially provide sufficient evidence of an employer-employee relationship for the duration of the requested validity period, you will be given an opportunity to correct the deficiency in response to a request for evidence (RFE). However, failure to provide this information with the initial submission will delay processing of your petition. For more information on USCIS and its programs, call 1-800-375-5283.

The original of this article can be found on the USCIS website.

University of Northern Virginia (UNVA) May Lose SEVP Accreditation After Feds Raid Offices

Student and Exchange Visitor Program (SEVP)-certified schools are subject to a review of their certification at any time based on regulations.

On July 28, 2011, pursuant to a review of University of Northern Virginia's (UNVA) certification, an SEVP representative served school officials at UNVA with a Notice of Intent to Withdraw (NOIW) the school's SEVP-certification and SEVIS access.

UNVA students have two choices (click the links to learn more):

1. Continue to attend classes and maintain their active status in a manner required by regulations.

2. Seek transfer to another SEVP-approved institution.

UNVA students must immediately depart the country if they are unable to continue to attend classes and maintain their active status in a manner required by the regulation or if they are unable or do not wish to seek transfer to another SEVP-certified institution.

School officials at UNVA no longer have access to the Student and Exchange Visitor Information System (SEVIS) and will not be able to manage nonimmigrant students' records in SEVIS. UNVA nonimmigrant students should contact SEVP, as they would their designated school official (DSO), to report any changes, so their SEVIS record and Form I-20 can be updated accordingly.

Nonimmigrant students who have questions about their options should call the SEVP Response Center (SRC) at (703) 603-3400. This number will be staffed from 7:00 a.m. to 6:00 p.m. (EST), Monday through Friday. In addition, on Saturday July, 30 and Sunday, July 31 the SRC will be staffed from 7:00 a.m. to 6:00 p.m. (EST). At other times, students may leave a message and an SEVP representative will return their call within 24 hours.

SEVP will provide students with guidance and inform them of their options. Students should be prepared to provide the following information to the SEVP staff:

First and last name
SEVIS ID#
Address
Telephone number where you can be reached
Email address
Dates of attendance at UNVA
Educational level and major of study at UNVA
Name of employer and place of employment

August 2011 Visa Bulletin Released: EB-2 China/India Dates Move Forward to April 15, 2007

The State Department has released the August 2011 Visa Bulletin. While movement is not as great as it has been the past few months, many categories continued to make forward progress, including the EB-2 date which advanced to April 15, 2007 for both India and China. EB-3 dates also made small gains, with the India priority date moving forward a month to June 01, 2002.

View Bulletin.

Latest News Concerning DOMA and Immigration Benefits: Baltimore Judge Reopens Same-Sex Marriage Deportation Case

An immigration court in Baltimore has reopened a deportation case sua sponte (of it's own will) in which a foreigner's application for withholding of removal had been denied because his same-sex union with a US citizen did not confer immigration benefits under DOMA. Though the court rejected the petitioner's own appeal to reopen and reconsider the case, the immigration judge decided of his own volition to reopen the case due to recent changes on the legal front concerning the deportation of foreigners married to same-sex US citizens.

The proceedings have been reopened to give the respondent the opportunity to present additional evidence in support of an application for withholding of removal under the INA. A footnote elaborates, stating "the parties shall also be prepared to address current policy and/or legal developments relating to the ability of same-sex spouses to benefit from visa petitions filed by United States citizen spouses."

The historic reopening follows the closing of Henry Velandia's deportation proceedings at the request of ICE. Velandia, a Venezuelan dance instructor, legally wed Josh Vandiver in Connecticut last year. His deportation case, which garnered much national attention, ended when ICE asked the immigration court to administratively close the proceedings--the judge agreed. The exercise by ICE of such prosecutorial discretion has given hope to many that same-sex spouses of US citizens will be allowed to remain in the country, a first step toward the conferral of actual immigration benefits.

Read the Decision.

Maryland's Prince George's County Public School System Agrees To Pay $4.2 Million in Back Wages

A DOL Wage and Hour Division investigation found that Prince George's County Public Schools (PGCPS) had illegally reduced the salary for over 1,000 of its H-1B employees by requiring that they pay fees that the school system was required to pay. The H-1B visa program requires that employers pay certain filing fees. Instead of paying these fees and other costs associated with recruiting H-1B workers and filing their visa petitions, PGCPS required the foreign workers to pay them. The school system has settled the case, agreeing to pay $4.2 million in back wages to 1,044 H-1B employees.

In addition, because some of the violations were willful, the Prince George's County Public School System has incurred a 2 year debarment from the H-1B program. This means the district may not file any new petitions, request extensions, or apply for any employment-based immigrant visas for their workers. PGCPS also has agreed to pay $100,000 worth of civil monetary fines for their willful violations.

California Lawyer Sues State Department over 2012 Diversity Visa Lottery Mix-Up

A California lawyer is suing the State Department over the cancellation of the results of the Diversity Visa Lottery which were announced in May. The 22,000 applicants who were notified that they won the lottery had their green card dreams dashed when the State Department voided the results, stating that a computer glitch had rendered the results invalid.

In selecting winners, the designated computer program chose a group consisting largely of those who had applied on the first two days entries were accepted. The State Department claimed that the results did not represent a fair and random selection process.

Kenneth White's class action lawsuit, filed on June 20, purports that the State Department's decision to invalidate the results constitutes a broken commitment to the winners it had notified. Last month White had urged the State Department to reinstate the winners and perform another random drawing for the remaining 28,000 spots-this proposal was ignored.

The State Department had planned to have a new, random drawing from the original applicant pool on July 15. It is unclear if and how they will proceed in light of the lawsuit. We will keep you updated in the coming weeks as to how this all plays out.

July 2011 Visa Bulletin Released--EB-2 Dates Leap Forward

The State Department released the latest visa bulletin this week which included a large jump in EB-2 priority dates for both India and China. The dates for both countries moved ahead almost five months to March 08, 2007. Smaller gains were also made in the EB-3 category, with India moving forward to May 01, 2002, and China to July 01, 2004. Mexico's EB-3 date advanced by about seven months to July 01, 2005.

If your priority date has become current, be sure to file your Adjustment of Status to get your green card. In order to receive your green card your priority date must be current at the timing of filing your adjustment and at the time of the final decision on the application. You can never be sure when visa numbers will retrogress, so be sure to monitor the bulletin. Contact your attorney today if you have become current so that you can adjust your status!

View Visa Bulletin for July 2011

Massachusetts Becomes Third State To Opt Out of Secure Communities Program

Governor Patrick of Massachusetts has refused to commit his state to the Secure Communities program, following the lead of Governor Quinn of Illinois and Governor Cuomo of New York. By not signing the memorandum of understanding, Patrick is trying to abstain from the controversial fingerprint-sharing program. This case differs from those of Illinois and California in that both those states had already signed the memoranda and formally withdrew from Secure Communities, whereas Massachusetts has now never agreed to be a part of the program.

The reasoning behind the state's rejection of the program is that, as it has been implemented nationally, the Governor feels that it does not truly reflect the public safety objectives it was created to enforce. While he and his office feel that public safety and national security are of the utmost importance, they feel that Secure Communities is not the way to achieve those objectives.

Supreme Court: States Can Offer In-State Tuition Rates to Undocumented Immigrants

On Monday June 6, 2011, the Supreme Court refused to accept an appeal made by out-of-state students in the UC system which claimed that it was unfair that as US citizens they had to pay high out-of-state tuition rates while illegal immigrants in California could go to the same schools paying only the reduced in-state rate. The students claimed that this constituted preferential treatment and violated federal law. The dismissal came without comment.

California is one of a handful of states to have passed legislation to allow illegal alien residents to take advantage of in-state tuition rates at state colleges and universities. The California law stipulates that to be eligible for the benefit, students must have attended a California high school for at least three years and successfully graduated.

View CNN Article - Supreme Court: State can offer illegal immigrants reduced tuition

June 01, 2011

H-1B Cap Update: USCIS Has Received 13,100 Cap-Subject Petitions and 9,000 Exempt Petitions as of 5/26/2011.
The Ninth Circuit Rules That Immigration Appeals Deadlines Are Mandatory But Not Jurisdictional: In a decision made on May 31, 2011, the Ninth Circuit of Appeals granted a petitioner's motion for reconsideration after his appeal was dismissed by the BIA as being untimely filed. Mr. Guillermo Irigoyen-Briones' attorney filed his appeal by certified overnight delivery, but the package took two days to reach the Virginia office. His appeal was then summarily dismissed as being untimely filed as it arrived one day outside ofthe 30-day time frame allowed for filing an appeal. The BIA's original dismissal order is vacated and the case has been remanded to the Board for re-adjudication. This is the third time that a circuit court has made a similar ruling regarding filing deadlines, stating that they are mandatory but not jurisdictional. The distinction means that the BIA is not precluded from considering an appeal request by claiming that they do not have the authority or jurisdiction to do so if the appeal is received outside of the 30-day filing period. See Full Ruling.

Feds Cracking Down on Employers Who Hire Illegal Immigrants: Business Owners, Not Aliens, Being Targeted

Recent raids on a Mexican restaurant chain in Arizona and California highlight the Obama Administration's tactical approach to fighting illegal immigration in the workplace. Unlike the Bush administration's notorious raids, which often resulted in the arrest and detention of hundreds of illegal workers, the current administration has shifted its enforcement focus to the employers.

A New York Times article detailing the Chuy's investigations shows that the federal government is currently more interested in punishing business owners who knowingly hire illegal aliens than the immigrants themselves. That is not to say that those workers found to be in the country illegally were not detained or deported--they were. However, their immigration violations are civil offenses only, not crimes.

The shift in approach towards enforcement means that businesses must be especially vigilant in their hiring and documentation practices. The message the Obama administration is sending is clear: Employers will be held fully accountable for their actions, and the hiring of illegal workers will bring more than a simple slap on the wrist.

Supreme Court Upholds Legal Arizona Workers Act (LAWA)

On May 26, the Supreme Court ruled that an Arizona law which requires all Arizona employers to use the E-Verify program is valid under the Immigration Reform and Control Act (IRCA) of 1986. The Legal Arizona Workers Act further authorizes the state to suspend or revoke business licenses of companies who knowingly hire unauthorized aliens.

The IRCA specifically bars a state or locality from imposing criminal or civil sanctions upon those who employ unauthorized aliens. However, the IRCA also explicitly leaves a loophole for laws which impose sanctions "through licensing and similar laws." In upholding the Legal Arizona Workers Act, five of the justices agreed that LAWA fell within the "licensing and similar laws" exception and was therefore legal.

One of the biggest contentions with the decision, found in the dissenting opinion, was the fact that on a federal level E-verify is officially a voluntary program. Because of this, Justices Breyer, Ginsberg, and Sotomayor believe that LAWA is unlawful as it makes mandatory a program which Congress had deemed voluntary on a national, federal level.

DOS Responds to Sen. Grassley's Inquiry into the Use of B Visas in Lieu of H-1Bs, Companies Must Expect Stricter Scrutiny of Applications

In April, Senator Grassley of Iowa called for an investigation into the misuse of B visas by companies who were using the visitor visas to bring foreigners into the US in order to employ them illegally. His call for action came on the heels of allegations made by an employee of Infosys--one of the biggest users of the H-1B visa program--that the company had fraudulently brought foreign workers to the US on B Visas and then staffed them on projects as if they were H-1B employees.

American employee Jay Palmer has accused Infosys of forcing American staff to write letters welcoming foreign employees to the US for business meetings, when these foreigners were in actuality then sent to client sites to work.

In response to Grassley's concerns that companies were abusing the visitor visa program by circumventing H-1B visa cap restrictions and increased filing fees, the DOS has stated that it plans to coordinate with DHS to remove or substantially modify the B-1 in lieu of H guidelines which appear in the Foreign Affairs Manual. The Department also reiterated its commitment to preventing fraud at the consular level with the implementation of stricter scrutiny of applications and through their work with DHS.

The very public nature of the Infosys lawsuit and Senator Grassley's demand for investigation coupled with the State Department's response lead us to believe that US Consulates abroad will become more meticulous and apply a stricter standard when adjudicating B-1 and H-1B petitions from employers in the future. We feel this will be especially true for tech consulting companies which fit the Infosys model. Companies should be especially vigilant and must be prepared for any forthcoming audit investigations which may be initiated as a result of redoubled efforts by the State Department at consulates abroad.

Department of State Responds to Sen. Grassley's Complaints of B Visa Use in Lieu of H-1Bs

In April Senator Grassley issued a formal call for investigation of the use of B visitor visas in lieu of H-1B visas for workers coming to the US. His letter came on the heels of allegations made by an employee of Infosys, one of the biggest users of the H-1B visa program, that the company was illegally bringing workers to the US on B visas and staffing them on projects where an H-1B visa was actually required.

In response, the DOS indicated that they are in the process of coordinating with DHS to remove or substantially modify the B-1 in lieu of H guidelines found in the Foreign Affairs Manual (FAM).

May 25, 2011

What Did You Say About Immigration Reform After Obama's Speech in El Paso? Check out public feedback that has been synthesized by the White House, including some responses to popular questions and concerns. See Now.
Customs and Border Patrol Issues Reminder about Requirements for Crossing the US Border: CBP stresses the importance of your I-94 card as well as all other required documentation. Read Now.

Iranian Students Now Eligible for Two-Year, Multiple Entry Visas

The State Department announced on May 20, that Iranian students in non-sensitive, non-technical fields are now eligible to receive F, J, and M visas that are valid for 2 years, an increase from the previous 3-month validity period. In addition, the new visa regulations will allow these students to enter and exit the US multiple times within those 2 years without needing to apply for a new visa as they were required to previously.

Iranian students currently in the United States on a three-month, single-entry visa in one of these categories must reapply outside the United States at a consular post in order to obtain two-year, multiple-entry visas. Those in good standing need not reapply until they next leave the US.

The changes, a response to complaints about the single entry visa, will allow Iranian students to travel more easily. The expanded freedom comes in the face of the Iranian government's increasing censorship and isolation of its own people.

Read Press Release

Senate Judiciary Hearing on Improving Efficiency and Ensuring Justice in the Immigration Court System: Improvements Planned but Backlog Likely To Get Worse Before It Gets Better

On May 18, 2011, the Senate Judiciary Committee held a meeting to analyze the current state of the immigration court system and to detail plans to improve efficiency and ensure justice in the future during case processing. Juan P Osuna, the director of the Executive Office of Immigration Review (EOIR), made a statement before the committee regarding the current state of the immigration courts and steps that have already been taken to improve the backlogs.

Currently the immigration courts have about 270,000 pending cases, the largest number in history. In FY 2010 alone the courts received over 325,000 proceedings, and this year that number is expected to jump to over 400,000. These cases are spread among 268 immigration judges in 59 courts across the US. Immigration courts caseloads are tied directly to DHS enforcement and detention activities. As more aliens are detained and more NTAs are issued by DHS in light of heightened enforcement policies, the backlogs have increased and are likely only going to get worse as programs like Secure Communities expand.

Cases which deal with detained aliens and those which are deemed to pose threats to their communities are given first priority--these oven involve foreigners with criminal records. As these high priority cases continue to grow (due to programs like Secure Communities), non-priority cases remain and suffer the consequences of extremely delayed processing.

To deal with the ever-growing caseloads and backlogs, additional staff have been hired over the past two years, especially judges. In addition to hiring the most qualified candidates, Osuna stated that training these judges and law clerks was of primary importance. While strides have been made in terms of comprehensive and uniform training, budgetary restrictions have made EOIR less successful than they had hoped.

Read Director Osuna's Statment.

USCIS Proposes Significant Enhancements to EB-5 Visa Processing

On May 19, 2011, USCIS proposed significant revisions to the intake and review processes for EB-5 Investor Visa Petitions. The proposal reflects the Obama Administration's commitment to improving channels of legal immigration, the economy, and national security.

USCIS is proposing three fundamental changes to the way it processes EB-5 Regional Center filings. First, USCIS proposes to accelerate its processing of applications for job-creating projects that are already fully developed and ready to be implemented. USCIS will also give these EB-5 applicants and petitioners the option to request Premium Processing Service, which guarantees processing within 15 calendar days for an additional fee.

Second, USCIS proposes to install specialized intake teams with expertise in economic analysis and the EB-5 Program requirements. EB-5 Regional Center applicants will be able to communicate directly with the specialized intake teams via e-mail to streamline the resolution of issues and quickly address questions or needs related to their applications.

Third, USCIS proposes to create an expert Decision Board to render decisions regarding EB-5 Regional Center applications. The Decision Board will be composed of an economist and adjudicators and will be supported by legal counsel.

This proposal will be online until June 17, 2011, for public comment-providing stakeholders an opportunity to offer feedback on the proposed changes to the administration of the EB-5 Program. Comment Now.

New Jersey IT Consulting Firm Iflowsoft LLC To Pay Back Wages to US Workers for Hiring Discrimination

The Department of Justice has reached a settlement agreement with Iflowsoft LLC, a computer programming services provider in Iselin, N.J., who gave preferential treatment to temporary visa holders over US citizens in the hiring process. Iflowsoft's actions were found to constitute a pattern or practice of citizenship status discrimination.

According to DOJ's findings, Iflowsoft posted several job advertisements for IT professionals which explicitly expressed a preference for temporary visa holders (specifically H-1B transfers and/or OPT candidates). The discriminatory advertisements deterred one of the charging parties, a U.S. citizen, from applying to Iflowsoft. In addition, the department found that Iflowsoft hired an H1-B visa holder without first considering another of the charging parties, a qualified U.S. citizen applicant.

The Immigration and Nationality Act (INA) generally employers from discriminating based on citizenship status during the hiring process. Under the terms of the settlement, Iflowsoft has agreed to pay $6,400 in civil penalties and $7,158.49 in back pay to the two U. S. citizens who were qualified for the positions advertised. One of the parties was deterred from applying because of the ads, and the other did apply abut was not considered due to his citizenship status. Iflowsoft has also agreed to provide its employees with training on the INA anti-discrimination requirements, to adopt nondiscrimination policies with respect to recruitment and hiring, and to maintain and submit records to the DOJ for the three-year term of the agreement.

May 18, 2011

USCIS Announces Centralized I-130 Filing: Effective August 15, 2011, petitioners residing in countries without USCIS offices will be able to file Form I-130 Petitions for Alien Relative with the USCIS Chicago Lockbox. View USCIS Press Release.
DHS Re-Designation and Extension of Temporary Protected Status for Haiti: DHS Secretary Janet Napolitano announced today the re-designation of Haiti for Temporary Protected Status and extended this status through January 22, 2013. Under the new re-designation, eligible individuals who arrived up to one year after the earthquake in Haiti may now apply for TPS. View DHS Announcement.

May 16, 2011

Diversity Visa Lottery 2012 Results Invalid: The State Department has announced that the DV lottery results which were posted on May 1 are invalid as they did not represent the results of a fair and random selection process. For all entries received between October 5, 2011 and November 3, 2010, the selection process will begin again--official results will be available online on the Electronic Diversity Visa website on July 15, 2011. View State Department Announcement.

May 13, 2011

June 2011 Visa Bulletin Released: EB-2 dates for India and China jump ahead to October 15, 2006. View Full Bulletin.
USCIS Launches I-9 Central on Website: Today USCIS launched a resource center on its website to help guide employers and employees, providing tips and answers to frequently asked questions. The site contains step-by-step instructions for filling out the I-9 form and details the rights and responsibilities of both employers and employees. Visit I-9 Central here.
ICE Publishes Expanded List of STEM Programs: In the wake of Obama's speech in El Paso which referenced the need to keep the best and brightest minds in America, ICE expanded its list of Science, Technology, Engineering, and Math degree programs which will qualify students for Optional Practical Training (OPT) extensions. View the full updated STEM list.

May 11, 2011

H-1B Cap Update: As of May 6, 2011, USCIS has received 10,200 cap-subject petitions and 7,300 exempt petitions. See USCIS Update.
DREAM Act Re-introduced in Congress: Senators Richard Durbin (D-IL), Harry Reid (D-NV) and Robert Menendez (D-NJ) re-introduced the DREAM Act today following Obama's speech on comprehensive immigration reform yesterday in El Paso, TX. It's companion bill was also introduced in the House. The Act would provide a path toward legalization for undocumented students who graduate from high school, many of which were brought to this country as small children by their parents. In December the bill was passed in the House, but fell a few votes short in the Senate. Obama has pushed immigration reform back into the spotlight and specifically reiterated his disappointment that the DREAM Act had not passed last year in his speech. DREAM Act Re-introduced
Thoughts on Immigration Reform? Join the discussion and take part in the process of bringing about comprehensive immigration reform in America. Visit the White House website to share your thoughts and learn how to get involved today!
Topic of the Day: The Child Status Protection Act--Priority Date Retention and Aging Out

Updates on DOMA's Impact on Immigration Benefits

On April 26, 2011, in the Matter of Paul Wilson Dorman, Attorney General Eric Holder vacated the decision of the Board of Immigration Appeals to deport a man who has a same-sex civil union with a US citizen. He remanded the case to the Board specifically for the purpose of determining the constitutionality of the Defense of Marriage Act (DOMA), as it relates to obtaining benefits under the Immigration and Nationality Act (INA). The decision was not released or publicized until May 05, 2011, however.
View Decision.

On May 06, a New Jersey judge postponed a man's deportation hearing, citing Holder's decision in the Dorman case. The man in question, Henry Velandia, had legally married his American citizen spouse Josh Vandiver in Connecticut and subsequently applied for a marriage-based green card. His application for permanent residency was denied due to DOMA's definition of "marriage," however, and Velandia was put into removal proceedings. The government notably allowed the adjournment of the case.

Judge Riefkohl postponed Velandia's case until December 2011 in order to give Holder and the appeals court time to determine if immigration benefits can in some cases be granted to foreigners with same-sex American citizen spouses. He said that there was a possibility that the definition of "marriage" could be changed or amended in the ensuing months as the BIA re-examines the Dorman case. The underlying issue here is of course the constitutionality of DOMA itself.
Read the New York Times Article on Velandia's Hearing Postponement.

However, on May 08, 2011, the DOJ cautioned that it would continue to enforce DOMA despite Holder's actions in the Dorman case and the subsequent postponement of the Velandia case. This suggests that deportations can and will continue in other immigration cases involving same-sex couples, at least for the time being.
Read the New York Times Article on DOJ's Response.

May 10, 2011

Obama's Speech from El Paso, TX on the Need for Comprehensive Immigration Reform Obama spoke today from the bordertown of El Paso on the importance of fixing our nation's broken immigration system. The highly-anticipated speech detailed what the administration has accomplished already in terms of border security and used this as a starting point for comprehensive reform. Border security has long been the right's contention with reform: many had argued that border security was the biggest concern--something that had to be dealt with before more substantial policy reform could take place. Obama made it clear that bipartisan support and cooperation across the aisle is the only way true immigration reform can happen, and he once again urged that legislators work together to pass reforms such as the DREAM Act. The president articulated his vision of a reformed system encompassing four major actions: 1. Continued emphasis on border security, 2. Holding employers accountable for exploitation of undocumented workers, 3. Holding those who entered the US illegally accountable for their actions (making them admit they broke the law, forcing them to pay fines and taxes, and ensuring they don't get to "cut" the line for legalization), and 4. Broad immigration policy reform, including making it easier for the best and brightest to start businesses in the US, helping families stay together, and not punishing young immigrants for their parents' actions. View Full Transcript

Attorney General Holder Vacates Deportation Order of Partner in Same-Sex Civil Union

On April 26, 2011, in the Matter of Paul Wilson Dorman, Attorney General Eric Holder vacated the decision of the Board of Immigration Appeals to deport a man who has a same-sex civil union with a US citizen. He has remanded the case to the Board specifically for the purpose of determining the constitutionality of the Defense of Marriage Act (DOMA), as it relates to obtaining benefits under the Immigration and Nationality Act (INA).

View Decision.

USCIS Implements Secure Mail Initiative To Ensure Document Delivery

The Secure Mail Initiative is a partnership between the USCIS and USPS which will ensure the tracking and delivery of vital immigration documents. The Initiative will allow USCIS to track and confirm delivery of permanent resident cards and documents pertaining to travel and employment authorization. USCIS customers can also stay up-to-date on delivery status by tracking their documents online with their USPS tracking information.

In addition to the tracking and confirmation features, the Initiative will expedite the delivery process--documents will reach their recipients more quickly with USPS Priority Mail than by first-class mail. Recipients will get their documents two to four business days earlier.

Customers who receive notices of approval can contact USCIS's Customer Service Center at 800-375-5283 to request tracking information for their documents. USCIS customer service representatives will provide customers with their USPS tracking number and current USPS delivery status.

Customers should wait at least two weeks after getting their approval notice before calling for information regarding their cases. When requesting tracking information, customers must also provide information from the receipt notice they received when they submitted their initial application. After receiving the tracking number from the USCIS Customer Service Center, customers can track the delivery status by visiting the Postal Service website at www.usps.com and entering the USPS tracking number into the Track & Confirm field.

H-1B Numbers Moving Slowly So Far for FY 2011

As of April 15, 2011, USCIS has received 7,100 cap-subject H-1B petitions and 5,100 exempt applications. This slow start continues the trend of last year's petition cycle. At the height of its popularity and during the US's start-up economic boom, the cap was filled in less than a day. At this rate the cap may not be filled until even later than it was for FY 2011. We will bring you more projections as the year progresses.

May 2011 Visa Bulletin Released: EB-2 Date for India Jumps Forward to July 1, 2006

On the eve of a possible shutdown of the federal government, the State Department has released the highly anticipated May 2011 visa bulletin. There has been much speculation as to how far ahead EB-2 dates would advance due to unused visas in the EB-1 category (around 12,000 of them). While not as large a jump as many had hoped, the new priority date for EB-2 India, July 1, 2006, the movement is the first the category has seen since last September.
View May 2011 Visa Bulletin.

USCIS H-1B Cap Count Update: 4/08/2011

Since USCIS began accepting H-1B petitions for FY 2012 on April 1, 2011, they have received approximately 5,900 H-1B petitions counting toward the 65,000 cap and approximately 4,500 petitions toward the 20,000 cap exemption for individuals with advanced degrees.

USCIS will provide regular updates on the processing of FY 2012 H-1B petitions on their website. Should USCIS receive enough petitions to meet the cap, it will issue an update advising the public that the FY 2012 H-1B cap has been met as of a certain date, known as the "final receipt date."

The date USCIS informs the public that the cap has been reached may differ from the actual final receipt date.

To ensure a fair system, USCIS may, on the final receipt date, randomly select the number of petitions that will be considered for final inclusion within the cap. The agency will reject petitions subject to the cap that are not selected, as well as those received after the final receipt date. Whether a petition is received by the final receipt date will be based on the date USCIS physically receives the petition, not the date that the petition has been postmarked.

Cases for premium processing (faster processing of certain employment-based petitions and applications) of H-1B petitions filed during an initial five-day filing window are undergoing a 15-day processing period that began April 7. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

Meanwhile, petitions filed by employers who are exempt from the cap, as well as petitions filed on behalf of current H-1B workers who have been counted previously against the cap within the past six years, will not count toward the cap.

Prince George's County Public Schools (Maryland) Charged with Violating Provisions of the H-1B Program

An investigation by the U.S. Department of Labor's Wage and Hour Division found Maryland's Prince George's County Public Schools system in willful violation of the laws that govern the H-1B temporary foreign worker visa program. Investigators found that PGCPS illegally reduced the wages of 1,044 foreign teachers hired under the H-1B program by requiring the payment of $4,224,146 in fees. The Labor Department is responsible for ensuring H-1B workers are paid in accordance with the law and that employers do not misuse visa programs in ways that adversely affect U.S. workers.

"All employers, including school systems, are required to follow the law. That includes the legal duty to pay every teacher hired the full wages he or she is owed," said Nancy J. Leppink, acting administrator of the Wage and Hour Division.

Due to the willful nature of some of the violations, PGCPS has been assessed $1,740,000 in civil money penalties and may be debarred from filing new petitions, requests for extensions or requests for permanent residency for foreign workers under any employment-based visa program. Violations are willful when an employer knew or acted in reckless disregard for whether its actions were impermissible.

The H-1B visa program requires that employers pay certain fees incurred when they utilize the program. Instead of paying these fees, PGCPS required the foreign teachers to pay them. As a result, the teachers' earnings were reduced below the amount legally required to be paid.

USCIS Continues to Process Same-Sex Marriage-Based Green Card Petitions, Applies DOMA
Despite reports earlier this week which gave hope to bi-national, same-sex couples, USCIS has confirmed that it will continue to adjudicate marriage-based green card petitions as it has been, applying DOMA. Newsweek and other sources had reported that at least two USCIS offices had put such applications on hold while obtaining needed guidance from the Department of Justice after the Obama administration that it would no longer defend DOMA.

Apparently, guidance from the DOJ came swiftly. USCIS issued a statement that after receiving the necessarily legal guidance, it will continue to apply DOMA to the petitions until or unless the act is struck down as being unconstitutional. This means that such petitions will continue to be denied on the basis that "marriage" in the act is defined as a union between a man and a woman.

It seems that same-sex, bi-national couples must continue to wait for immigration benefits, though the Obama administration's break with DOMA remains a positive step.

USCIS Announces It Will Begin Accepting H-1B Petitions for FY 2012 on April 01, 2011

Services (USCIS) announced today it will start accepting H-1B petitions subject to the fiscal year (FY) 2012 cap on April 1, 2011. Cases will be considered accepted on the date USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise. Such workers include scientists, engineers, and computer programmers, among others.

The cap (the numerical limit on H-1B petitions) for FY 2012 is 65,000. The first 20,000 H-1B petitions filed on behalf of individuals with U.S. master's degrees or higher are exempt.

USCIS will monitor the number of H-1B petitions received and will notify the public of the date when the numerical limit of the H-1B cap has been met. This date is known as the final receipt date. If USCIS receives more petitions than it can accept, it may on the final receipt date randomly select the number of petitions that will be considered for final inclusion within the cap. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap.

In addition to petitions filed on behalf of people with U.S. master's degrees or higher, certain other petitions are exempt from the congressionally mandated cap.

Petitions for new H-1B employment are exempt from the annual cap if the beneficiaries will work at:

Institutions of higher education or related or affiliated nonprofit entities;
Nonprofit research organizations; or
Governmental research organizations.

Petitions filed on behalf of beneficiaries who will work only in Guam or the Commonwealth of the Northern Marianas Islands are exempt from the cap until Dec. 31, 2014. Employers may continue to file petitions for these cap-exempt H-1B categories for beneficiaries who will start work during FY 2011 or 2012.

Petitions filed on behalf of current H-1B workers who have been counted previously against the cap do not count towards the H-1B cap. USCIS will continue to process petitions filed to:

Extend the amount of time a current H-1B worker may remain in the United States;
Change the terms of employment for current H-1B workers;
Allow current H-1B workers to change employers; and
Allow current H-1B workers to work concurrently in a second H-1B position.

H-1B petitioners should follow all statutory and regulatory requirements as they prepare petitions, to avoid delays in processing and possible requests for evidence. USCIS has posted on its website detailed information, including a processing worksheet, to assist in the completion and submission of a FY2012 H-1B petition.

For more information on the H-1B nonimmigrant visa program and current Form I-129 processing times, visit www.uscis.gov or call the National Customer Service Center at 1-800-375-5283.

H-1B Cap Exemptions for Non-Profit Entities Based on Relation to or Affiliation with Institutions of Higher Education

USCIS announced today that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with the agency seeking an exemption from the statutory H-1B numerical cap based on an affiliation with or relation to an institution of higher education.

Effective immediately, during this interim period USCIS will give deference to prior determinations made since June 6, 2006, that a non-profit entity is related to or affiliated with an institution of higher education - absent any significant change in circumstances or clear error in the prior adjudication - and, therefore, exempt from the H-1B statutory cap. However, the burden remains on the petitioner to show that its organization previously received approvals of its request for H-1B cap exemption as a non-profit entity that is related to or affiliated with an institution of higher education.

Petitioners may satisfy this burden by providing USCIS with evidence such as a copy of the previously approved cap-exempt petition (i.e. Form I-129 and pertinent attachments) and the previously issued applicable I-797 approval notice issued by USCIS since June 6, 2006, and any documentation that was submitted in support of the claimed cap exemption. Furthermore, USCIS suggests that petitioners include a statement attesting that their organization was approved as cap-exempt since June 6, 2006.

USCIS emphasizes that these measures will only remain in place on an interim basis. USCIS will engage the public on any forthcoming guidance.

The H-1B is a nonimmigrant visa that allows U.S. employers to temporarily employ foreign workers in specialty occupations. Unless determined to be exempt, H-1B petitions are subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master's degrees or higher are exempt from this cap.

IMPORTANT: Advisory for Japanese and Other Foreign Nationals from the Pacific Stranded in the US Due to the Earthquakes and Tsunami

This advisory is for Japanese and other foreign nationals from the Pacific stranded in the United States due to the earthquakes and tsunami devastation in the Pacific. If you have exceeded or are about to exceed your authorized stay in the U.S. you may be permitted up to an additional 30 days to depart.

Visitors traveling under the Visa Waiver Program (VWP):

If you are at an airport, contact the U.S. Customs and Border Protection office at the airport.
All others, please visit the local U.S. Citizenship and Immigration Services office.

Visitors traveling under a nonimmigrant visa:

Visit the local U.S. Citizenship and Immigration Services office. Bring your passport, evidence that you are stranded (such as an itinerary for the cancelled flight), and your I-94 departure record.

For additional immigration relief options, please visit the Special Situation page.

New Mumbai Consulate Coming, Reduction in Visa Operations for Now The US is currently constructing a new Consulate building in Mumbai. The new mutli-million dollar Mumbai Consulate facility is scheduled to open later this year. Unfortunately, the current Consulate building's aging infrastructure has forced several interview windows to close, limiting the number of visa applicants that can be seen at any given time. If you have already scheduled an H or L visa interview appointment at the Mumbai Consulate, you may keep that interview time slot. However, no new H or L visa appointments will be made in Mumbai-new interviews may be scheduled at the other US Consulates in India or a the Embassy in New Delhi. Appointments can be scheduled via VFS at http://www.vfs-usa.co.in/USIndia/visaappointment.html USCIS Proposes Rule To Implement an Electronic Advance Registration System for H-1B Employers USCIS has published a proposed rule for an electronic advance registration system for H-1B employers. The electronic system could save US businesses more than $23 million over the next 10 years by minimizing administrative burdens and expenses related to the H-1B petition process. The simplification would include reducing the need for employers to submit petitions for which visas would not be available under the cap. A 60-day comment period will allow companies and the general public to provide input regarding the proposed system. The goal is to best meet the needs of US employers who rely on the H-1B program to bring skilled foreign workers into the country. USCIS Director Alejandro Mayorkas said, " The proposed rule would create a more efficient and cost-effective process for businesses interested in bringing workers in specialty occupations to the United States. Improving the H-1B petition process is part of USCIS's ongoing efforts to leverage new ideas and innovation to streamline our operations and enhance customer service." Employers seeking to petition for H-1B workers subject to the statutory cap would register electronically with USCIS, a process that would take roughly 30 minutes. Before the petition filing period began, the USCIS would then choose the number of registrations they predict will exhaust all available visas. Employers would then file petitions for the selected registrations. The advance registration system would save employers the time, effort, and expense of filing H-1B petitions and LCAs for workers who would be unable to obtain visas under the cap. You can find the proposed rule on the Federal Registerwebsite, which contains a more detailed explanation of the electronic registration process. Visit www.regulations.gov to comment on the rule through May 2, 2011. Beware Diversity Visa Lottery Scams Have you or someone you know recently received an e-mail claiming you've won the Green Card lottery and asking you to send or wire money? Don't fall for it - the sender is trying to steal your money! Fraudsters will frequently e-mail potential victims posing as State Department or other government officials with requests to wire or transfer money online as part of a "processing fee." You should never transfer money to anyone who e-mails you claiming that you have won the Diversity Visa (DV) lottery or been selected for a Green Card. Official notifications will be available starting May 1, 2011 on the Diversity Visa Lottery Website.Winners will NOT be notified via email or paper letter. For more information regarding scams, visit the State Department Website Tri-Valley University Fraud Update: Case Triggering Scrutiny at Other Institutions At least a dozen Tri-Valley University (TVU) students have been detained, and 18 students have been issued ankle monitors. TVU students who have not yet contacted ICE should expect to receive a Notice to Appear imminently. The U.S. Immigration and Customs Enforcement (ICE) is offering TVU students three options. The students may 1) request to Reinstate by transferring to another school; 2) opt for Voluntary Departure which concedes removability but does not have a bar to seeking admission in the future; or 3) they may Depart on their own accord, but face an implication of culpability which can trigger a bar to reentry. "Departing" will result in the student's name being submitted to the International Student and Exchange Visitor's Program (SEVP) Counterterrorism and Criminal Exploitation Unit. It is important that TVU students seek appropriate counsel to help guide them through this precarious time. We are representing students who have been issued Notices to Appear. Sadly, these students were completely unaware that their actions could result in a ten-year bar from reentering the U.S. It is no secret that TVU students were working illegally throughout the U.S. on CPT (Curricular Practical Training) issued as a result of their student status. It is believed that this case has heightened scrutiny on other institutions, and it is suggested that ICE has ongoing sting operations at a number of schools. We expect to see many more instances of F-1 related fraud cases in the near future. March 2011 Visa Bulletin Released The State Department has released the March 2011 Visa Bulletin which can be found here on the State Department website. The EB-3 dates for India have moved ahead to March 15, 2002 while the EB-2 dates for India have not moved from March 8, 2006. Ray of Hope for Tri-Valley Students: USCIS Issues SEVP Guidance on F-1 Transfers from Tri-Valley University On January 18, 2011, the Student and Exchange Visitor Program (SEVP) either cancelled or terminated all initial, active and transfer-in student records associated with Tri-Valley University (TVU), located in Pleasanton, California. Students enrolled at TVU, and those who entered the United States to study at TVU but who had not yet begun classes, are unable to maintain F-1 status. If a former TVU student applies for acceptance at another school, the following should be considered when following normal admissions procedures: RESPONSIBILITIES OF SCHOOL OFFICIALS 1. School officials must obtain an enrollment application and all subsidiary documents typically requested in order to make an admissions decision, including an assessment of the student's finances, and they must maintain these documents in the F-1 student's academic record. 2. If a student gains admission, a designated school official should contact the SEVP Help Desk at 800-892-4829 or SEVIShelpdesk@hp.com to manage the student record. Do not initiate a new SEVIS record for the student. 3. Employment authorization for F-1 students at TVU terminated January 19, 2011. USCIS Reached H-1B Cap for FY 2011 on January 26, 2011 On January 27, 2011 USCIS issued a press release stating that it has received a sufficient number of H-1B petitions to reach the cap for fiscal year 2011. January 26, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011. The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000. Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011. USCIS will apply a computer-generated random selection process to all petitions received on Jan. 26 that are subject to the cap. USCIS will use this process to select petitions needed to meet the cap. All remaining cap-subject petitions not randomly selected will be rejected, and USCIS will return the accompanying fee. On Dec. 22, 2010, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the 'advanced degree' exemption. USCIS will continue to accept and process petitions that are otherwise exempt from the cap. Pursuant to the Immigration and Nationality Act, petitions filed on behalf of current H-1B workers who have been counted previously against the cap will not be counted towards the FY2011 cap. Accordingly, USCIS will continue to accept and process petitions filed to: extend the amount of time a current H-1B worker may remain in the US; change the terms of employment for current H-1B workers; allow current H-1B workers to change employers; and allow current H-1B workers to work concurrently in a second H-1B position. View full USCIS press release Tri-Valley University Caught in Visa Fraud: Hundreds of Indian Nationals May Be Deported News sources report that dozens of federal agents have raided the administrative offices of Tri-Valley University located in Pleasanton, California. The home of the university's president and founder, Susan Su was also reportedly raided. The university caters to online students and has been labeled a "sham" by federal prosecutors who claim the university profits by aiding foreign nationals to obtain student visa status illegally. According to the complaint filed by the US District Attorney's Office, "Since its inception ... Tri-Valley University has been a sham university, which Su and others have used to facilitate foreign nationals in illegally acquiring student immigration status that authorizes them to remain in the United States." The complaint maintains that Su and the university have made millions of dollars in tuition fees for issuing the visa-related documents. More than 95 percent of the school's students were from India. US immigration law does not allow foreign students to take more than 3 credit hours in online courses per semester. Tri-Valley University fraudulently admitted students to various residential and online courses, often representing their students as California residents, when in fact they were living and illegally working in various areas of the United States, as far as Maryland, Pennsylvania, Virginia and Texas. Investigations found that more than half the students were reportedly residing in a single apartment in Sunnyvale, California. Tri-Valley University students are being detained and interrogated, and there are unconfirmed reports that the deportation process has been initiated against them. As the university has been shut down, students will lose F-1 status within a very short period of time. Tri-Valley University students should seek immediate immigration counsel in order to avoid severe consequences. If you have violated US immigration laws or are found to be in the US illegally, you may face deportation or removal proceedings. The Law Office of Keshab Raj Seadie can help in this scary and uncertain time. Removal is a legal proceeding, so it is important that you understand the legal rights you have while in the US, including your right to challenge the deportation itself. We provide assistance for cases where deportation is based upon illegal entry, overstay or violation of your visa, fraud, or criminal conduct. We counsel our clients about what will happen during the proceedings, thoroughly discussing the possible defense strategies, and we ensure that our clients are properly prepared for their day in court. You are not afforded the right to a court-appointed attorney to represent you in a deportation hearing, so it is vital that you engage your own counsel for the proceedings. Contact our office today so that we may represent your interests and protect your right to stay in the country! DOJ Seeks Judicial Forfeiture of Real Estate in SEVIS Investigation of Tri-Valley University The United States is in a judicial forfeiture action regarding 5 five pieces of real estate connected to Tri-Valley University and its owner, Susan Su. The land includes three defendant parcels of real estate which Susan Su owns and purchased with the proceeds of an elaborate scheme to defraud the government by making false statements and misrepresentations to the Department of Homeland Security, using wire transfers, and using the United States mail. Su and others created Tri-Valley University ("Tri-Valley" or "TVU"), naming Su in the articles of incorporation as the Chief Operating Officer. Thereafter, Su and 8 others made false statements and misrepresentations in a petition to DHS to obtain approval for Tri-Valley to enroll F-1 students and issue visa-related documents (1-20s) which enable students to obtain visas from the government. Since its inception, however, Tri-Valley has been a sham university which Su and others have used to facilitate foreign nationals in illegally acquiring student immigration status that authorizes them to remain in the United States. Since February 2009 when they obtained DHS approval, Su and Tri-Valley have made millions of dollars in tuition fees by issuing these visa-related documents which enable foreign nationals to obtain illegal student immigration status. This scheme to defraud makes it difficult, if not impossible, for law enforcement to detect the illegal status of those foreign nationals. The US Embassy Warns of Diversity Visa Lottery Fraud Targeting Nepalis st1\:* { behavior: url(/#ieooui); } The Consular Section of the US Embassy in Kathmandu is warning Nepali citizens about fraudulent emails that claim to be sent on behalf of the US Department of State or Bureau of Consular Affairs. Any person who receives an e-mail that mentions a Diversity Visa or promises a Green Card should consider the contents illegitimate and fraudulent. The Embassy states that Nepali citizens who receive such emails are encouraged to send them to the Consular Section's Fraud Prevention Unit at FraudKTM@state.gov. As part of the press release, the Consular Section highlighted two important points: "1. Diversity Visa notifications are NOT sent via e-mail. Any e-mails that state you have won the lottery or a green card are not legitimate. Diversity Visa lottery entrants can check the status of their online application by visiting our website http://www.dvlottery.state.gov/ for the DV2012 season after May 1, 2011. No other organization or private company is authorized to notify Diversity Visa lottery applicants of their winning entry, or the next steps in the process of applying for their visa." "2. Only internet sites including the ".gov" indicator are official US government websites. If you receive any e-mail from an address that is from a ".com", ".net", ".org," or anything other than ".gov," please be aware that it is not a legitimate e-mail from the US Embassy or the Department of State." View the press release US Embassy Warns of Diversity Visa Lottery Fraud New Visa Procedures in Mexico Starting January 10, 2011 Under the new visa processing guidelines for US embassies and consulates in Mexico, most applicants will go to Applicant Service Centers prior to their consular section interview. Total application costs will be reduced: applicants will now only have to pay one fee which will cover the appointment, application, and courier fees as opposed to three separate fees. The current application fee will stay the same: $140 for a tourist application, $150 for petition-based cases (including temporary worker visas), and $390 for treaty-trader and investor visas. In addition, the new system will introduce an interview waiver program. Many applicants who simply want to renew their visas will no longer be required to attend a consular interview. They can instead visit the nearest Applicant Service Center to submit application documents and provide fingerprints. You may qualify for the interview waiver program if (1) you are applying with a Mexican passport, if (2) you are applying for the same visa type again (a renewal), if (3) your visa is still valid or expired less than a year ago, if (4) you have never been arrested or convicted of a crime, if (5) you have never had any problems or issues with US Immigration or Customs Authorities, and if (6) you either do not have dual citizenship or if your second country of citizenship is a visa waiver program member country. Note that the embassy or consulate does reserve the right to call you in for an interview even if you qualify for the program. Biometrics will now be taken at the Applicant Service Center. This means that applicants who are required to visit both the ASC and the consulate will now spend less time at the consulate. Finally, applicants at the US Consulates in Ciudad Juarez, Monterrey, and Nuevo Laredo will no longer pay a $26 surcharge. View the Mexico City-Mexico US Embassy Site for New Visa Procedures. DREAM Act Fails in the Senate On Saturday, December 18, 2010, the Senate failed to pass the DREAM Act which would have offered a path to citizenship for thousands of illegal immigrants who entered the US as children. The act failed to pass by just five votes. President Obama declared that he was disappointed in the vote, claiming that "a minority of senators prevented the Senate from doing what most Americans understand is best for the country." He reiterated that his administration remains committed to fighting for immigration reform. View full CNN release: Procedural vote on DREAM Act fails in Senate Senate Delays DREAM Act Vote On Thursday the Senate voted to delay debate concerning the Dream Act by a vote of 59-40. Senate Majority Leader Harry Reid supported the move, hoping to bring a modified version of the Bill to the Senate floor sometime next week, one that will closely match the bill passed in the House on Wednesday. The move comes after signs indicating that the Senate democrats would not get the required 60 votes to pass the Bill. In the hope of modifying the bill to garner more support, the Senate democrats voted to postpone voting on the Dream Act until next week. Republicans had stated they would not consider anything until issues surrounding extending the Bush administration's tax cuts and financing the government were addressed. As the lame-duck session is winding down each day there will be a smaller chance of the Bill making it to the Senate floor and passing. View the CBSNews Press Release: Senate Delays DREAM Act Vote House passed "DREAM Act of 2010" on 12/08/2010 The House passed the DREAM Act on a vote of 216 to 198. The DREAM Act was added as an amendment to H.R. 5281. The text of the House bill was filed on Monday night as H.R. 6497. The Senate is expected to vote on the DREAM Act Thursday morning. The Senate, by agreement, postponed their vote to ensure that the House could complete its vote. Stay tuned here for more updates as they unfold. Read the full article: AILA Celebrates Dream Act's Victory in the House US Labor Department Recovers over $638,000 in Back Wages from New Jersey Computer Consulting Company Following a consent order obtained by the US Department of Labor, Peri Software Solutions Inc. have agreed to pay $638,449 in back wages and interest to 67 H-1B workers for violating the H-1B program provisions of the Immigration and Nationality Act. The Newark company sponsored the H-1B non-immigrant workers to work as programmer analysts across the country. Under the order, Peri Software Solutions Inc. and Periasamy also must pay $126,778 in civil money penalties and interest for failing to provide notice of the filing of labor condition applications at each place where any H-1B worker was to be employed and for filing lawsuits against H-1B workers for early cessation of employment. The company and Periasamy will be debarred from participating in the H-1B program for one year. "Peri Software not only took advantage of these workers by not properly compensating them, it also violated the part of the law that provides the greatest protection to the American workforce," said Nancy J. Leppink, deputy administrator of the department's Wage and Hour Division. "When companies participating in the H-1B program do not post filed labor condition applications, they clearly undercut American workers who may be qualified for available employment but aren't aware of it." Since 2005, investigations conducted by the department's Wage and Hour Division have resulted in more than $5.6 million in back wages and $300,000 in civil money penalties in New Jersey, not including this case. The most common violations include: 1) failing to post notices of the filing of labor condition applications at every worksite where an H-1B worker may be employed and 2) failure to pay non-immigrant workers the required wage rate for all nonproductive time caused by conditions related to employment, such as lack of assigned work, lack of a permit or studying for a licensing exam. USCIS Introduces Standardized Fee Waiver Form USCIS introduced its first-ever standardized fee waiver form, Form I-912, on November 23, 2010, the same day that the filing fee adjustments took effect. According to USCIS Director Alejandro Mayorkas, the new form is designed to bring "clarity and consistency to immigration-benefit services." The form is a response to the public's complaints that the lack of a standardized form led to confusion regarding the criteria and standards for approving fee waivers. Notably, the new form includes information on the methodology USCIS will use when adjudicating fee waiver requests. Read the full article: USCIS introduces First-Ever Fee Waiver Form USCIS Filing Fee Increases Go into Effect on 11/23/2010 The adjustment of USCIS filing fees, which was published in the Federal Register on September 24, will go into effect on November 23, 2010. Please note that while there is an increase in most fees, some fees were reduced while others remained the same. USCIS's Complete List of Filing Adjustments Form No. Application/Petition Description Current Filing Fee (through Nov. 22, 2010) Adjusted Filing Fees (beginning Nov. 23, 2010) I-90 Application to Replace Permanent Resident Card $290 $365 I-102 Application for Replacement/Initial Nonimmigrant Arrival-Departure Document $320 $330 I-129/129CW Petition for a Nonimmigrant Worker $320 $325 I-129 F Petition for Alien Fiancé(e) $455 $340 I-130 Petition for Alien Relative $355 $420 I-131 Application for Travel Document $305 $360 I-140 Immigrant Petition for Alien Worker $475 $580 I-191 Application for Advance Permission to Return to Unrelinquished Domicile $545 $585 I-192 Application for Advance Permission to Enter as Nonimmigrant $545 $585 I-193 Application for Waiver of Passport and/or Visa $545 $585 I-212 Application for Permission to Reapply for Admission into the U.S. after Deportation or Removal $545 $585 I-290B Notice of Appeal or Motion $585 $630 I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405 I-485 Application to Register Permanent Residence or Adjust Status $930 $985 I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500 I-539 Application to Extend/Change Nonimmigrant Status $300 $290 I-600/600A I-800/800A Petition to Classify Orphan as an Immediate Relative/Application for Advance Processing of Orphan Petition $670 $720 I-601 Application for Waiver of Ground of Excludability $545 $585 I-612 Application for Waiver of the Foreign Residence Requirement $545 $585 I-687 Application for Status as a Temporary Resident under Sections 245A or 210 of the Immigration and Nationality Act $710 $1,130 I-690 Application for Waiver of Grounds of Inadmissibility $185 $200 I-694 Notice of Appeal of Decision under Sections 245A or 210 of the Immigration and Nationality Act $545 $755 I-698 Application to Adjust Status from Temporary to Permanent Resident (Under Section 245A of Public Law 99-603) $1,370 $1,020 I-751 Petition to Remove the Conditions of Residence $465 $505 I-765 Application for Employment Authorization $340 $380 I-817 Application for Family Unity Benefits $440 $435 I-824 Application for Action on an Approved Application or Petition $340 $405 I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750 I-881 Application for Suspension of Deportation or Special Rule Cancellation of Removal (Pursuant to Section 203 of Public Law 105-110) $285 $285 I-907 Request for Premium Processing Service $1,000 $1,225 Civil Surgeon Designation $0 $615 I-924 Application for Regional Center under the Immigrant Investor Pilot Program $0 $6,230 N-300 Application to File Declaration of Intention $235 $250 N-336 Request for Hearing on a Decision in Naturalization Proceedings $605 $650 N-400 Application for Naturalization $595 $595 N-470 Application to Preserve Residence for Naturalization Purposes $305 $330 N-565 Application for Replacement Naturalization/Citizenship Document $380 $345 N-600/600K Application for Certification of Citizenship/ Application for Citizenship and Issuance of Certificate under Section 322 $460 $600 Immigrant Visa DHS Domestic Processing $0 $165 Biometrics Capturing, Processing, and Storing Biometric Information $80 $85 Roughly 90 percent of USCIS's operating budget comes from applicant filing fees. A fee adjustment, as detailed in the final rule, was necessary to ensure that USCIS recovers the costs of its operations while also meeting the application processing goals identified in the 2007 fee rule. In addition to the above fee adjustments, the new fee rule expands the availability of fee waivers to new categories, including: Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131); Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee. Secretary of Labor Hilda L. Solis Reaffirms Department's Commitment to Workers' Rights On November 18, 2010, Secretary of Labor Hilda L. Solis issued a statement reaffirming the department's commitment to protecting workers. She recounted the fact that over the past year-and-a-half, the Department of Labor has collected more than $300 million in back wages for more than 385,000 workers who were being unfairly compensated. She has hired 300 new Wage and Hour Division investigators to monitor employer compliance with labor laws and to ensure that workplace complaints are investigated promptly. To close, Secretary Solis vowed, "I will not rest until the law is followed by every employer and until each worker is treated and compensated in accordance with what the law requires." In the future we can expect that employer workplace investigations will become more numerous and more stringent. Read the full article: Statement by Secretary of Labor Hilda L. Solis on increased enforcement and outreach efforts of US Labor Department's Wage and Hour Division

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