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?
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.
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.
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.
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