June 2012 Immigration Update
Headlines: 1. USCIS Launches Online Immigration System – Individuals can establish a USCIS ELIS account and apply online to extend or change their nonimmigrant status for certain visa types. 2. USCIS EB-5 Stakeholders Meeting Provides Little New Information – USCIS did not answer stakeholder questions that had been submitted before the meeting. 3. Senators Urge Mayorkas […]
IT’S ALL ABOUT NUMBERS: INDIA & CHINA EB-2 CATEGORY UNAVAILABLE; H-1B VISAS RUNNING OUT
In May, as predicted, the India and China priority dates in the employment-based second preference (EB-2) green card category retrogressed dramatically, from May 1, 2010, to August 15, 2007. The EB-2 category is for people with advanced degrees or who have exceptional ability. The Department of State’s Visa Office has announced that this category is […]
May 2012 Immigration Update
Headlines 1. FY 2013 H-1B Petitions Coming In Fast – Over 25,000 cap-subject H-1B petitions have been filed as of April 20, 2012. 2. India, China EB-2 Category Retrogresses Dramatically – As predicted for May, the India and China EB-2 priority dates have retrogressed dramatically, from May 1, 2010, to August 15, 2007. 3. DOL Changes Effective […]
April 2012 Immigration Update
Headlines: 1. FY 2013 H-1B Filing Season Begins – Beginning on April 2, 2012, employers may file cap-subject H-1B petitions for FY 2013, for employment starting on October 1, 2012, or later. 2. Department of State Amends Fees for Consular Services – The Department issued an interim final rule increasing fees for consular services for nonimmigrant visa […]
March 2012 Immigration Update
Headlines: 1. FY 2013 H-1B Filing Season Rapidly Approaches – Beginning on April 2, 2012 (because April 1 is a Sunday), employers may file cap-subject H-1B petitions for fiscal year (FY) 2013, for employment starting on October 1, 2012, or later. 2. Witnesses Discuss Controversial DHS OIG Report at House Hearing -The report, which indicates that […]
IMMIGRATION REFORM THROUGH GREEN CARD STORIES
By Cyrus D. Mehta* Green Card Stories is a gem of a book, and I feel inspired to write about it. Written by award winning journalist, Saundra Amrhein, with stunning photographs by award winning photographer, Ariana Lindquist, the book puts a human face on immigration through the journeys of 50 individuals who got their green […]
February 2012 Immigration Update
Headlines: 1. DOJ’s Office of Special Counsel Lists Employer Best Practices During Worksite Enforcement Audits – The Department of Justice’s Office of Special Counsel for Immigration-Related Unfair Employment Practices released do’s and don’ts for employers facing ICE audits. 2. USCIS Announces Several Thousand EB-5 Green Cards Issued So Far in First Quarter of FY 2012, Releases […]
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 […]
May 2011 Immigration Update
Headlines: Feds Crack Down on Employers – In recent actions, the Criminal Division of the U.S. – Attorney’s Office in Washington, DC, is investigating Chipotle Mexican Grill about hiring undocumented workers at its 1,092 restaurants; owners of another establishment were arrested for violations related to employing undocumented workers and not paying taxes on them. House Holds Hearing […]
DOS REPORTS ON EMPLOYMENT-BASED VISA DEMAND; FIRST PREFERENCE EXTREMELY LOW
The Department of State’s Visa Bulletin for May 2011 notes that demand in the employment first preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category is expected to remain "Current" for all countries. It also appears unlikely, the Bulletin says, that a second preference […]
April 2011 Immigration Update
Headlines: 1. USCIS Begins Accepting H-1B Petitions – As of April 1, 2011, USCIS has begun accepting H-1B petitions subject to the FY 2012 cap of 65,000. 2. USCIS Proposes Rule on Registration Requirement for H-1B Petitioners – The rule, which would not take effect until next year, proposes to require employers seeking to petition […]
