Visa Lawyer Blog

I have been filing PERM Labor Certification cases from the early days the system was introduced a couple of years ago. As you may know, the PERM filing is free.

As part of the roll-out of its proposed fiscal 2008 budget, the Department of Labor announced that it will be seeking authority from Congress to charge fees to cover the program costs of PERM.

How Can It Do This?

The imposition of user fees was authorized by Title V of the Independent Offices Appropriations Act of 1952 (31 U.S.C. 9701). Executive-branch guidance for charging user fees for "activities that convey special benefits to recipients beyond those accruing to the general public" can be found in OMB Circular A-25, issued July 8, 1993.

Why Now?

For many years, DOL has been talking about charging a fee for the labor certification process. It appears that many new fees are being proposed this year in conjunction with the Administration's fy 2008 budget proposal, and DOL is joining the bandwagon. Unfortunately, the fee proposal comes hard on the heels of a proposal by USCIS to radically increase its fees, leaving an overall effect of a proposed dramatic hike in government fees for going through the immigration process. It does not appear that the two agencies coordinated their efforts-each seems surprised at the other's actions. But that does not change the impact of putting the permanent residence and citizenship process out of the reach of more people-particularly those in low-wage occupations and their small business employers.

What Now?

AILA already is working with coalition partners and allies to oppose the proposed severe increase in USCIS fees. AILA met with USCIS and are preparing a comment on the fee increase rulemaking. Numerous AILA members and staff have been speaking to members of Congress and the media about the issues raised by the USCIS fee increase. On February 14, 2007, the House Judiciary Subcommittee on Immigration held a hearing on the increase, and others in Congress have expressed interest in the issue.

AILA also is concerned about the proposed DOL fee structure, and is working on the issues that it raises. We have learned from our experience with INS/USCIS the importance of holding agencies accountable for how they structure and use fees. The appropriateness and fairness of the fees, the quality of service for which they pay, the method for determining the fees, and the process for protecting them from accretion into other agency activities are all elements open to question and examination. And, the first question is, should DOL charge a user fee at all? T

Visa Bulletin Department of State released the Visa Bulletin for March 2007, which reflects retrogression in the family-based third preference category for Mexico and the Philippines. Also, little forward movement is expected in the employment-based third preference category in the near future.

Definitions

Visa numbers: The U.S. government makes only a certain number of immigrant visas (green cards) available each year and these are allocated among the various immigrant visa categories and countries from which applicants seek to emigrate.

Retrogression: For the past few years, the number of immigrants approved for employment-based immigrant visas has been lower than the number of visas available, resulting in no backlog in visa numbers. Recently, the DOS has seen far more immigrants approved for employment-based immigrant visas and has run out of visa numbers in certain categories, causing a temporary backlog or "retrogression" of visa numbers.

EB-3: This visa category includes employment-based immigrant visas for:

1) professionals with a bachelor's degree
2) skilled workers in positions requiring two or more years of experience or training
3) unskilled workers

Chargeability: Immigrant visa numbers are further apportioned among the various countries from which applicants seek to emigrate. Each country has a limit and each approved applicant is "charged" against his or her country's limit. Most countries have fewer applicants than available visa numbers. However, certain high-emigration countries often meet or exceed their chargeability limit. These countries include China, India, Mexico, and the Philippines.

Priority Date: Immigrant visa numbers are given out according to a "first come, first served" policy. The date an applicant first begins the green card process (often a Labor Certification Application filed with the U.S. Department of Labor or an I-140 or I-130 Petition filed with the U.S. Citizenship and Immigration Services) becomes that person's priority date, which will determine the order in which that person will receive a visa number and thus be further processed for an immigrant visa or adjusted to immigrant status. When a retrogression occurs in visa numbers, applicants will have to "wait in line" until their priority date becomes current before they can be adjusted or receive an immigrant visa.

USCIS proposed fee increases averaging 66% and in return is promising 20% processing time improvements by the end of 2009. It seems very unreasonable to me as many of our clients will find it more difficult to apply for benefits. I understand that fees go up, but 66%, this is not a good sign!

According to USCIS, fee increases will hit the following application types: (1) Application to Replace a Permanent Resident Card (I-90) – current fee is $190; proposed fee is $290; (2) Petition for Alien Fiancé (I-129F) – current fee is $170; proposed fee is $455; (3) Application to Register Permanent Status or Adjust Status (I-485) – current fee is $325; proposed fee is $9051; and (4) Application for Naturalization (N-400) – current fee is $330; proposed fee is $595.

Continue reading "IMMIGRATION SERVICE PROPOSES UNREASONABLE FEE INCREASES " »

The J-1 visa is an exchange-visitor visa for persons coming to the U.S. as a student, scholar, trainee, teacher, professor, research assistant, or medical graduate to participate in a training, research or study program approved by the Department of State.

Given that there are no limits on the number of J visas issued annually AND the fact that, unlike an H1-B visa, applicant is not subject to any visa limits, the J visa is generally a great option for both applicants and sponsors. However, before applying for a J visa there are important considerations of which potential applicants and sponsors should be aware.

Continue reading "J1 Visa - what is so good....and bad about it?" »

As most of our readers of you are aware, there is an annual cap on the number of new H-1Bs that USCIS can approve. The cap opens up each year on October 1, the start of the government's fiscal year. However, because H-1B petitions can be filed 6 months in advance of the employment start date, H-1B petitions for those subject to the cap can be filed as early as April 1, 2007.

Every year, since the cap was reduced to 65,000 H-1Bs per year, the cap has been filling up sooner and sooner. Last year, the cap was reached on May 26, creating a window of less than 2 months during which any new H-1B petitions could be filed for that year. There are 20,000 extra visas for applicants with Masters degrees from US Universities.

For those of you looking for work and a US sponsor, now is the time to update your resume and start networking.

Continue reading "H1B VISA - employers and employees getting ready to file" »