July 2010 Immigration Update

Headlines: 1. Department of State Publishes Consular Fee Interim Rule, Reopens Comment Period – The Department received 1,797 comments in response to the proposed rule and has reopened the comment period for an additional 60 days, until August 27, 2010. 2. USCIS Proposes Changes in Fees, Large New Fee for EB-5 Regional Center Applications – […]

June 2010 Immigration Update

Headlines: USCIS Revises Employment Authorization Document – The EAD now includes a machine-readable zone on the back of the card. USCIS Redesigns Green Card – USCIS will replace green cards already in circulation as individuals apply for renewal or replacement. State Dept. Raises Consular Fees for Nonimmigrant Visas and BCCs – The interim final rule, […]

May 2010 Immigration Update

Headlines: 1. Controversial New Arizona Statute Signed Into Law – The governor of Arizona signed a law that directs local police to make immigration status determinations and makes it a misdemeanor to lack proper immigration documents. An amendment passed April 30, 2010, just before this update was published, slightly softens some of the most outrageous […]

A Preliminary Look At Some Of The Constitutional And Practical Problems With Arizona’s New Immigration Law

On April 23, 2010, Governor Jan Brewer of Arizona signed into law SB 1070, a multipronged effort by the Arizona legislature to, in the words of the statute, “discourage and deter the unlawful entry and presence of aliens and economic activity by persons unlawfully present in the United States.”1 Among other things, SB 1070 creates […]

FEW H-1B PETITIONS FILED SO FAR FOR FISCAL YEAR 2011 CAP

U.S. Citizenship and Immigration Services (USCIS) announced on April 8, 2010, that it continues to accept H-1B nonimmigrant petitions subject to the fiscal year (FY) 2011 cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption. USCIS has received approximately […]

April 2010 Immigration Update

Headlines: 1. ABIL Meets With USCIS, Proposes Immigration Reforms – ABIL said it believes that employment-based immigration reforms should encompass changes in both nonimmigrant and immigrant visa categories so that the U.S. becomes the most attractive global destination for highly skilled and essential workers. 2. USCIS To Accept FY 2011 H-1B Petitions Beginning April 1 […]

GEARING UP FOR FY2011 H-1B FILINGS: USCIS STOPS ALLOWING FILINGS WITH UNCERTIFIED LCAs AND AILA PROTESTS NEUFELD MEMO

In continuation of our previous article, H-1b Update: Filing Date Approaches; Scrutiny At POEs Increases; USCIS Issues H-1B Guidance Under Economic Stimulus, dated February 19, 2010, http://tinylink.com/?7h4K85wN87, USCIS has announced on March 10, 2010, that it will not extend the period in which it temporarily accepted H-1B petitions filed with uncertified labor condition applications (LCAs). […]

PROPOSALS FOR AGENCY ACTION TO AMELIORATE THE PRIORITY DATES CRISIS

We reproduce, below, a summary of an article, Tyranny of Priority Dates, by Gary Endelman and Cyrus D. Mehta, forthcoming in BenderХs Immigration Bulletin, which was sent to USCIS Director Mayorkas. Mr. Mayorkas expressed interest in the ideas contained in Tyranny of Priority Dates at a stakeholderХs meeting between him and some of the members […]

March 2010 IMMIGRATI0N UPDATE

Headlines: 1. Senators John Kerry (D-Mass.) and Richard Lugar (R-Ind.) introduce Start Up Visa Act of 2010. – Allows an immigrant entrepreneur to receive a two-year conditional resident status if he or she can show that a qualified US investor is willing to dedicate a minimum of $250,000, to the immigrant’s start up venture.  2. […]

H-1B UPDATE: FILING DATE APPROACHES; SCRUTINY AT POES INCREASES; USCIS ISSUES H-1B GUIDANCE UNDER ECONOMIC STIMULUS

H-1B filing date approaches. Employers will be able to submit cap-subject H-1B petitions on April 1, 2010, for the Fiscal Year (FY) 2011 H-1B program. The numerical limitation, or cap, for FY 2010 was reached on December 21, 2009. Beneficiaries of cap-subject petitions may begin employment in H-1B status no earlier than October 1, 2010. […]