Visa Lawyer BlogH-1B Cap Count as on August 6, 2010:
Cap Type – H-1B Regular Cap
Cap Amount – 65,000
PERM Labor Certification – DOL Publishes New PERM FAQs
The Department of Labor (DOL) issued new PERM FAQs on August 3, 2010. The issues addressed by DOL in this round of FAQs include expedite requests, how to document the use of an employee referral program, unsolicited documentation and what constitutes a “business day” for purposes of posting the Notice of Filing. Within the FAQs, DOL states the following:
* Expedite Requests – DOL clarifies that the Office of Foreign Labor Certification (OFLC), as a matter of long-standing policy, will not accept requests to expedite PERM applications;
* Employee Referral Programs (ERP) – DOL states that an employer can document its use of an ERP with incentives by providing dated copies of its notices or memoranda advertising the program and specifying the incentives offered. The employer must document the existence of the ERP, and that its employees were aware of the vacancy of the specific position for which certification is being sought. This can be achieved through posting on the employer’s website. However, the physical Notice of Filing shall not be sufficient for this purpose;
San Diego Immigration Attorney – Aid for military families facing the problem of ineligibility to adjust status because of unlawful entry
The local San Diego USCIS office suggests that certain remedies may be available for military families facing the problem of ineligibility to adjust status because of unlawful entry by a family member seeking adjustment of status. Most often the situation occurs when a United States citizen service member’s spouse entered without inspection and thus cannot adjust status. Current way to fix the status is via Ciudad Juarez waiver process (I-601 waiver application).
One potential remedy is “Parole in Place,” where the District Director in San Diego, Mr. Paul Pierre, can parole the alien, who then will be eligible to adjust status. Paroling only cures the issue of admission or parole under INA § 245, not other inadmissibility issues. To seek Parole in Place, address the request to Mr. Pierre. Include the following:
1. Form I-131 (but it does not need to be paid for when applying)
Senate Passes $600 Million Emergency Border Security Bill
On 8/5/10, with hours left before the beginning on the August recess, the Senate passed a $600 million emergency spending bill aimed at increasing border security. The bill, titled the Emergency Border Security Supplemental Appropriations Act of 2010, was passed by a voice vote.
Senator Schumer (D-NY), along with several Democratic colleagues, introduced the Border Security Emergency Supplemental Appropriations Act of 2010 (S.3721) and used it as a substitute amendment to H.R. 5875, a bill passed by the House of Representatives on 7/28/10. Further action is required before H.R. 5875, as passed by the Senate, can be sent to President Obama’s desk for signature.
It is unclear at this point if the House of Representatives, which is set to return for a short two day session on 8/09/10, will take up the Senate measure or whether they will wait until September. Department of Homeland Security Secretary Napolitano released a statement urging the House of Representatives to pass the bill.
San Diego Deportation Attorney – ICE Removals of Noncitizens Exceed Numbers under Bush Administration
Who deported more Bush or Obama? TRAC report finding that ICE data shows a ten percent increase between the number of noncitizens removed during the first nine months of FY 2010 as the result of ICE enforcement compared to the same period in FY 2008, the last fiscal year of the Bush administration.
During the first nine months of FY 2010, 279,035 non-U.S. citizens were removed* from the country as a result of ICE enforcement. This number is ten (10) percent more than the same period during FY 2008 — the last fiscal year of the Bush administration. This represents almost a doubling of the rate of removals that have taken place during the past five years.
In addition to increases in alien removals under the Obama administration, the data also show that ICE — rather than simply trying to ramp up numbers — has also directed more of its attention to going after noncitizens who have committed crimes while in this country.
How does USCIS see a possible Immigration Reform – Read the internal Memo!!
Recently an undated USCIS draft memorandum surfaced. The Memo was offering administrative relief options to promote family unity, foster economic growth, achieve significant process improvements, and reduce the threat of removal for certain individuals present in the United States without authorization. Here is the entire memo for our readers to view:
Shortly after the memo leaked to the public the Immigration service had this to say:
Australian immigration and New Zealand agreement on border security
Australian Immigration Minister Chris Evans announced recently a new agreement between Australia and New Zealand to improve identity checks and border security. Australia and New Zealand recently signed a memorandum of understanding [MoU] to share biometric data, an agreement that will further strengthen our nations’ border security. Biometrics is widely used in the international community as an effective tool to manage visa and immigration processes, improve identity management and combat fraud.
At the Five Countries Conference (FCC) in London a memorandum of understanding was signed between Australia and New Zealand. The Conference enables Five data sharing Countries to exchange information and agree a way forward to improve border security. FCC data-sharing helps to establish the true identity of people whose identities or nationalities were previously unknown or uncertain, and has been used in Australia to check the identities of irregular maritime arrivals, other people in immigration detention and illegal foreign fishers. Since 2006, more than 100 000 fingerprint records have been exchanged, helping Australia and FCC partner countries to establish the true identities and immigration histories of people whose identities were unknown or uncertain. Collection and sharing of biometric data is a proven tool in the fight against identity fraud and can prevent unlawful entrants’ efforts to thwart Australia’s border and visa processes.
San Diego Immigration Lawyer- Draft Memo of USCIS
The American Immigration Lawyers Association (AILA) has applauded the brainstorm of ideas in a draft memo from the United States Citizenship and Immigration Services (USCIS). The now-public draft, leaked without the permission of USCIS, examines the legal framework of immigration and explores possible solutions. AILA commends this reflection of the pursuit of the rule of law and the willingness of USCIS leadership to take up this thorough examination.
“We have in the past seen many attempts to scour the law to find justification for draconian, and ultimately unhelpful, ways to make immigrants’ lives miserable,” said AILA president David Leopold. “This draft document tries to think through ways to make the legal immigration system work in support of sensible law enforcement. It respects the law and respects the people who must deal with the law. For that, the administration is to be congratulated, even if none of the proposals is ever carried out.” He added that many of these proposals should be carried out. Long-needed regulations to help children and crime victims caught in the system should be published. Men and women fighting for America in the U.S. military should have the comfort of knowing that their families are safe from being deported. Immigration policies that encourage investment in America and creation of jobs should be emphasized and expanded. These are but a few of several excellent proposals in this document.
“We will never effectively address illegal immigration until we develop a legal immigration system that actually works and that offers people a realistic alternative to illegality,” added AILA Executive Director Crystal Williams. “Congress has thus far refused to act. Administration officials at least are trying to find ways to help fill this vacuum,” Williams stated.
I-601 Waiver Attorney – Security Concerns Cause Closure of U.S. Consulate in Ciudad Juarez Until Further Notice
Citing security concerns, the U.S. Consulate General in Ciudad Juarez is closed on July 30, 2010 and has cancelled all scheduled appointments and services for that date. Information on date of reopening will be announced by warden notice and posting on their web page.
American citizens with appointments for passport or other services may make a new appointment via the Consulate website below. For non-immigrant visa applicants, the call center will call or e-mail applicants to reschedule appointments. Alternatively, applicants may re-schedule non-immigrant visa appointments without being charged by calling 01-800-719-2525. Immigrant visa applicants should be advised that the medical clinics where they will receive their medical exams may also close on short notice. Immigrant visa applicants will be rescheduled for their interviews at a later date.
Arizona appeals order blocking parts of immigration law
Yesterday we reported on the court blocking parts of the AZ law, today AZ fired back. Arizona asked an appeals court Thursday to lift a judge’s order blocking most of the state’s immigration law as the city of Phoenix filled with protesters, including about 50 who were arrested for confronting officers in riot gear.
Republican Gov. Jan Brewer called U.S. District Judge Susan Bolton’s Wednesday’s decision halting the law “a bump in the road,” and the state appealed to the 9th U.S. Circuit Court of Appeals in San Francisco on Thursday.
Outside the state Capitol, hundreds of protesters began marching at dawn, gathering in front of the federal courthouse where Bolton issued her ruling on Wednesday. They marched on to the office of Maricopa County Sheriff Joe Arpaio, who has made a crackdown on illegal immigration one of his signature issues.