Visa Lawyer Blog

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United States Citizenship and Immigration Services (USCIS) released an updated H-1B cap count of 45,100 as of August 28, 2009. This reflects an increase of 100 cases from the prior count, provided on August 14, 2009. The advanced-degree cap remains at 20,000. The USCIS continues to accept FY2010 H1B cases under the advanced-degree and regular caps.

We suggest to US employers to file H-1B Petitions only if they can able to provide the Client details like Letter from the end-client, Work-orders confirming the placement. If you are having an in-house requirement, provide USCIS with ample proof of your in-house requirements. Considering the flood of H-1B RFEs, we have to be bit cautious in filing works. The standard approach prevailing until last year needs a re-look. Be assured, if you are right on papers and abide the Immigration requirement, you will for sure come with flying colors. We will be happy to help and support you in H-1B and other filings. It is widely believed that the H-1B Cap will be available even after Sept. 30, 2009.

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The Council of Graduate Schools (CGS) issued an August 20, 2009 press release, reporting a decline in offers of admission from U.S. graduate schools to prospective foreign students. This is the first decline in the rate of offers to foreign students since 2004.

While these significant reductions affected the overall decline in foreign student enrollment, the number of offers of admission to students from the People’s Republic of China grew at a rate of 13 percent. The CGS press release indicates that this was the fourth year in a row of double-digit growth in the number of students from China offered admission to U.S. graduate schools.

With the up coming biggest education Expo in China (http://www.phdchina.org/english/index.shtml), the US is the country of Honour at this show. This is a clear sign that Chinese students are looking at the US as the main destination for studies and future opportunities.

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From time to time, we are providing more information about the above referenced process. Although it may seem to be simple, we suggest you to consult a qualified immigration attorney before filing the application to become a permanent resident based on marriage to a US Citizen.

Prior to submitting the forms to Department of Homeland Security, there are 10 simple technical tips to follow for proper filing. They are as follows:

1. Use the most current edition of the form available on the USCIS Website; (www.uscis.gov)

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Hundreds of American Apparel Inc. workers must leave the company because they were unable to prove their immigration status or fix problems with their employment records, the bottom line is that almost 1600 workers were not legally allowed to work in the US.

ICE first conducted an inspection of American Apparel in early 2008 to determine if the company was complying with immigration laws. This past July, American Apparel received notification from ICE that the agency had been unable to verify the employment eligibility of approximately 200 American Apparel employees, and, based on ICE’s review of government databases, another 1,600 American Apparel employees did not appear to be authorized to work in the U.S.

Although the dismissals amount to more than 10% of American Apparel’s roughly 10,000-employee workforce, the company doesn’t expect problems for its business. American Apparel has a track record of being a strong advocate for immigration reform. The clothing company’s “Legalize LA” campaign is an integral part of the company’s culture. A combination of advertising, education and resources on American Apparel’s website shows just how committed the company is to raising awareness on the subject of immigration.

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How is Governor Arnold Schwarzenegger going to save us money? How about massive deportation plan. California Corrections officials are reviewing the cases of undocumented immigrant prisoners to see who can be deported. About 6,000 up for consideration have more than one felony.

Releasing undocumented prisoners is part of the Governor’s plan to save the state about a billion dollars. The Governor has the power to release about 2000 undocumented immigrant prisoners. Included are those who have not committed serious, violent or sex crimes and have just one felony.

Mexican officials on the other hand, are not so pleased. Deporting thousands of criminals back to Mexico may weaken the current crackdown on drug gangs all across Mexico. Working together the two governments should find the middle ground.

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Wishing all our readers a happy Labor Day,and all the joys of a beautiful autumn. Make sure to take some time to relax and enjoy.

The editors at ilw.com wrote a nice greeting for Labor Day:

The first Labor Day holiday was celebrated in 1882 to pay tribute to American workers. We recognize and pay tribute to all workers in the US – both documented and undocumented – who work hard everyday to contribute to our great country.

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As attorneys that work with Hospitals and medical professionals, we always get questions from clients about the H1B visa. Can Nurses really get this visa, and if so how?

The H1B visa program, which has a current allocation of 65,000 visas per year (This year visas are still open and up for grabs), allows foreign professionals to work in the U.S. for a limited duration. In this visa category, a U.S. employer offers a job to a foreign professional that requires a bachelor’s or higher degree, or its equivalent as the minimum entry requirement.

Nevertheless, there is a problem for nurses getting H1B visas. The USCIS applies a different rule for nurses. The USCIS (guided by a determination by the U.S. Department of Labor, as published in the Occupational Outlook Handbook) says that there is no industry-wide standard that a nurse needs a baccalaureate degree to perform the duties of a professional registered nurse. In many states, a nurse can obtain a professional registered nursing license after completion of only a two-year program and successful passage of a state licensing examination. Thus, according to the USCIS, foreign nurses are not eligible for H1B in general RN positions.

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San Diego Immigration lawyer informed that the Department of Homeland Security, USCIS has submitted the information collection request to the Office of Management and Budget (OMB) for review and clearance in accordance with the Paperwork Reduction Act of 1995. The information collection was previously published in the Federal Register on June 9, 2009, at 74 FR 27339, allowing for a 60-day public comment period. USCIS did not receive any comments for this information collection. The purpose of this notice is to allow an additional 30 days for public comments. Comments are encouraged and will be accepted until October 2, 2009. This process is conducted in accordance with 5 CFR 1320.10.

Written comments and suggestions especially regarding the estimated public burden and associated response time, should be directed to the Department of Homeland Security (DHS), and to the Office of Management and Budget (OMB) USCIS Desk Officer. Comments may be submitted to: USCIS, Chief, Regulatory Products Division, Clearance Office, 111 Massachusetts Avenue, Washington, DC 20529-2210. Comments may also be submitted to DHS via facsimile to 202-272-8352 or via e-mail at rfs.regs@dhs.gov, and OMB USCIS Desk Officer via facsimile at 202-395-5806 or via oira_ submission@omb.eop.gov.

We suggest when submitting comments by e-mail please make sure to add OMB Control Number 1615-0035 in the subject box. Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

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The current medical exam Form I-693 has expired on August 31, 2009. The USCIS will continue to accept this form despite its expiration date until a revised form is published. The revised form is currently in progress and not yet available. Please submit the completed Form I-693, sealed in an envelope from the physician, with your Form I-485 package, to the Service Center or District Office where you are filing your adjustment of status application.

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U.S. District Court for the District of Maryland, Southern Division on August 25, 2009, denied the U.S. Chamber of Commerce’s challenge to an amendment to the Federal Appropriation Regulation (FAR) that makes E-Verify mandatory for federal contractors. As a result, as of September 8, 2009, the FAR requires participating vendors and flow-down subcontractors to initiate E-Verify for all active and new employees. Hence, U.S. Citizenship and Immigration Services has reminded Federal contractors and subcontractors to use the E-Verify system to verify their employees’ eligibility to work in the United States effective Sept. 8, 2009. Janet Napolitano, Department of Homeland Security Secretary recently stressed on the need for employment eligibility verification by announcing the Administration’s support for the regulation that will award federal contracts only to employers who use E-Verify to check employee work authorization. Companies awarded a contract with the E-Verify clause after Sept. 8 will be required to enroll in E-Verify within 30 days of the contract award date.

E-Verify will be used to confirm that all new hires, whether employed on a federal contract or not, and existing employees directly working on these contracts are legally authorized to work in the United States. The Federal Acquisition Rule; Case 2007-013; Employment Eligibility Verification extends use of the E-Verify system to covered federal contractors and subcontractors, including those who receive American Recovery and Reinvestment Act funds.