January 2012 Immigration Update

Headlines: ETA Announces 2012 Adverse Effect Wage Rates for H-2A Workers -The AEWRs range from a low of $9.30 per hour in Mississippi and Louisiana to aК high of $12.26 per hour in Hawaii. USCIS Changes Stand-Alone I-130 Filing Locations – USCIS announced that effective January 1, 2012, it has changed the filing locations for Form I-130. […]

December 2011 Immigration Update

Headlines: 1.         H-1B Cap Reached for FY 2012 – Petitions for new employment of an H-1B will not be accepted again until April 1, 2012. 2.         House Votes To End Per-Country Limits on Employment-Based Immigration Visas – The measure could benefit skilled Indian and Chinese workers and high-tech companies in the United States. 3.         Labor Dept. Current […]

H-1B NUMBERS DWINDLING FAST, FILE NOW

U.S. Citizenship and Immigration Services (USCIS) announced on November 14, 2011, that it has accepted (approved or pending) 56,300 H-1B petitions subject to the 65,000 numerical limitation (cap) for fiscal year (FY) 2012. Up to 6,800 visas are set aside from the 65,000 cap during each fiscal year for the H-1B1 program under the terms […]

November 2011 Immigration Update

Headlines: 1.         H-1B Numbers Dwindling for FY 2012, File Now! – Once the numbers under the cap are gone, the next opportunity to file will be April 1, 2012, for work to begin in FY 2013. 2.         EB-2 India, China EB-2 Visa Numbers Jump; Other Visa News – The November employment-based second preference cut-off date for applicants […]

October 2011 Immigration Update

Headlines: 1. House Judiciary Committee Approves E-Verify Legislation – A date for consideration on the House floor has not yet been set. 2. State Dept. Estimates Employment-Based Visa Availability – The October Visa Bulletin includes estimated visa availability over the coming months. 3. House Holds Hearing on Immigrant Investor Program and Job Creation  – The regional center […]

September 2011 Immigration Update

Headlines 1. DOL Suspends Prevailing Wage Determinations – Processing of prevailing wage determinations (PWDs), redeterminations, and Center Director Reviews have been suspended temporarily; prevailing wage requests filed since early June 2011 are still pending. 2. DHS Publishes Regulation To Facilitate Electronic Filing – The Department of Homeland Security (DHS) has published the first in a series […]

August 2011 Immigration Update

Headlines 1. Company Held Liable for Back Wages of H-1B Employee Who Never Worked – The failure to prove every element of a bona fide termination left an employer who petitioned for an H-1B worker’s admission liable for the entire period of authorized employment. 2. Labor Dept. Weighs In on Staggered Dates of Need –  Can […]

July 2011 Immigration Update

Headlines: ICE To Audit 1,000 Employers Nationwide for I-9 Violations – The new actions bring the FY 2011 I-9 audit total to 2,338, surpassing the FY 2010 record. USCIS Summarizes Stakeholder Engagement on L-1B Interpretation of ‘Specialized Knowledge’ – USCIS released an executive summary on the L-1B nonimmigrant classification with respect to interpretation of the term “specialized […]

IMMIGRATION NEWS AROUND THE STATES: ALABAMA, ARIZONA, MASSACHUSETTS

A variety of harsh enforcement measures have gained ground in several states:Alabama. Alabama’s Governor Robert Bentley signed a new bill, HB 56 (“Beason-Hammon Alabama Taxpayer and Citizen Protection Act”), which requires employers doing business with Alabama to use E-Verify, beginning in 2012, and ties it to state economic incentives. The employer’s business license may be […]

June 2011 Immigration Update

Headlines: Supreme Court Upholds Arizona’s Employer Sanctions Law – The Legal Arizona Workers Act requires all Arizona employers to use E-Verify and revokes or suspends the business of employers licenses who knowingly hire unauthorized aliens. USCIS Announces Cap Count – USCIS announced the cap count as of May 20, 2011. USCIS Proposes EB-5 Changes; Accepting Comments Until […]