March 2012 Immigration Update

Headlines: 1. FY 2013 H-1B Filing Season Rapidly Approaches β€“ 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 β€“ 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 β€“ 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 β€“ 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 β€“ 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! β€“ 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 β€“ The November employment-based second preference cut-off date for applicants […]

October 2011 Immigration Update

Headlines: 1. House Judiciary Committee Approves E-Verify Legislation β€“ A date for consideration on the House floor has not yet been set. 2. State Dept. Estimates Employment-Based Visa Availability β€“ 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 β€“ 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 β€“ 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 […]