Visa Lawyer Blog

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Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2013 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is doing OK, but employers are still careful before hiring. Yet, many Immigration experts feel the Cap will be met very early this year, but when is the big question.

With LCA’s now taking more than 7 days to process, as well as unreasonable denials, planning early is the key to a successful H1B case this year. But in this post, I want to go back to the basics, the Cap and the legislative background.

Background

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Pressing to move quickly to rewrite the nation’s immigration laws, Democratic leaders began setting a strategy to advance legislation as the White House worked to rally business support.

Returning to a tactic used in last year’s fiscal fight, administration officials held a conference call with executives of some of the nation’s largest companies to lay out President Barack Obama’s proposals and to enlist corporate backing.

At the Capitol, Senate Democratic leaders expressed confidence that Congress would pass immigration legislation now that a bipartisan group of House lawmakers plans to introduce a proposal as early as this month.

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Great news today, very important. Senators Orrin Hatch of Utah, Amy Klobuchar of Minnesota, Marco Rubio of Florida and Chris Coons of Delaware have introduced the Immigration Innovation ( I Squared) Act of 2013 which aims to increase the H-1B quota, enhance the portability of existing H-1Bs, increase the number of employment-based green cards and allow U.S. students (especially STEM) to obtain green cards in a more efficient way.

if passes – would do a lot to fix our immigration system and help the economy. This legislation would:

1. Increase the H-1B cap from 65,000 to 115,000;

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Today, President Obama called for common sense, comprehensive immigration reform, saying unequivocally that now is the time for action. He noted that most Americans agree that it is time to “fix the system that has been broken for way too long” and that immigration reform will strengthen our economy and our nation’s future.

Speaking at a majority Hispanic high school in Las Vegas, Obama said “a broad consensus is emerging” behind the issue across the country, with signs of progress in Congress.

However, he acknowledged a fierce debate ahead on an issue he described as emotional and challenging, but vital to economic growth and ensuring equal opportunity for all.

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Exciting news to many of our readers. Undocumented immigrants would be able to seek legal status without first going home under a compromise framework presented today by a bipartisan group of senators.

Here is the framework of a bipartisan group of senators’ immigration reform plan they say will secure the border, modernize the country’s current immigration system and create a “tough but fair” path to citizenship for some undocumented immigrants already in the country.

We will keep analyzing this proposal and keep you posted.

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PERM Audits have become more routine in recent years, our blog readers were sending questions about various aspects of that process. An audit, is the process by which certain PERM applicants are required to submit proof of their recruitment activities. A Certifying Officer can request an audit of any permanent labor certification application if he or she finds the application concerning in its content, recruitment activities, or the authenticity of the job opportunity. The Officer can also randomly select PERM applications for auditing.

AILA recently provided some tips regarding major Audit issues, one of the issue how do we respond to the issue of Qualified US Workers applying for the PERM job.

The Typical Audit question is as follows:

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What a speech it was. The president used his speech to highlight the controversial issue of illegal immigration, we hope the main focus of the federal government should be on developing a plan that would allow undocumented immigrants to become legal residents, rather than deporting them. The President stated:

It is now our generation’s task to carry on what those pioneers began. For our journey is not complete until our wives, our mothers, and daughters can earn a living equal to their efforts. Our journey is not complete until our gay brothers and sisters are treated like anyone else under the law – for if we are truly created equal, then surely the love we commit to one another must be equal as well. Our journey is not complete until no citizen is forced to wait for hours to exercise the right to vote. Our journey is not complete until we find a better way to welcome the striving, hopeful immigrants who still see America as a land of opportunity; until bright young students and engineers are enlisted in our workforce rather than expelled from our country. Our journey is not complete until all our children, from the streets of Detroit to the hills of Appalachia to the quiet lanes of Newtown, know that they are cared for, and cherished, and always safe from harm.

We hope that the President is committed to a comprehensive immigration reform. His executive actions in 2012 are positive signs for many undocumented immigrants already in the United States. It remains to be seen what other action he may take in 2013.

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The TN nonimmigrant classification permits qualified Canadian and Mexican citizens to seek temporary entry into the United States to engage in business activities at a professional level, as defined in the North American Free Trade Agreement (NAFTA).

Generally, to be eligible for TN status: 1) you have to be a citizen of Canada or Mexico, meaning permanent residents, including Canadian permanent residents, are not able to apply to work as a NAFTA professional; 2) your profession qualifies under the NAFTA regulations; 3) the position in the United States requires a NAFTA professional; 4) you have a proffered job with a U.S. employer; and 5) you need to demonstrate qualifications to practice in the profession in question.

Among all the listed professions, Management Consultant has undoubtedly become the most popular one. Our office has helped various clients obtained their TN status as a Management Consultant. For your reference, here we’ve listed the top 5 points need to pay close attention to when applying under the category of Management Consultant.

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With the start of 2013, U.S. Citizenship and Immigration Services (USCIS) have already promulgated several important updates including the release of the final rule on the Provisional Unlawful Presence Waivers and the publication of the first volume of its comprehensive online policy manual.

To ensure consistency and transparency of the adjudication process, in the past 4 years USCIS has undertook a comprehensive agency-wide policy review of more than 10,000 of written memoranda.

As a result of this extensive and ongoing review, USCIS has created the USCIS Policy Manual, which is the agency’s centralized online repository for USCIS’s immigration policies. The USCIS Policy Manual will ultimately replace the Adjudicator’s Field Manual (AFM), the USCIS Immigration Policy Memoranda site, and other policy repositories. The manual is structured to house several volumes pertaining to different areas of immigration benefits administered by the agency such as citizenship and naturalization, adjustment of status, admissibility, protection and parole, nonimmigrants, refugees, asylees, immigrants, waivers, and travel and employment.

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In order to apply for most B visas, one must file form DS 160 online to make an appointment and obtain a Bar Code. But what if you made mistakes on that form after submission?

While it is not possible to change information on a DS-160 after it has been submitted, there are two easy options for creating a new DS-160.

If it is within 30 days from when the original application was submitted, the first option is to log into the CEAC system and select “Retrieve an Application” using the application ID number. Next, you will be asked whether you want to go to the confirmation page or create a new application. Select create a new application, and the entire application will appear, except for travel plans to the U.S. Then, you will need to edit and update the information and submit again.

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