• 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.

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.

 

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.

 

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.

 

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

 

 

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.

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

  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).

  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.

  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.

  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

  

  

  

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

  

  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

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.

 

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.

 

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 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 Register website, which contains a more detailed explanation of the electronic registration process. Visit www.regulations.gov to comment on the rule through May 2, 2011.

 

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

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

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. 

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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

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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!

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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.

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The US Embassy Warns of Diversity Visa Lottery Fraud Targeting Nepalis

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

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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.

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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

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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

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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

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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.

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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

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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