U.S. Department of State’s visa bulletin brought some relief for some EB-2 applicants. The cutoff date for India and China moved forward to October 1, 2003 which had recently retrogressed to January 1, 2000. No explanation was provided for the change to October 1, 2003.
Summary of August 2009’ visa bulletin:
EB-1: This category is current for all countries of chargeability.
U.S. Department of Labor has implemented a new integrated online system – known as the iCert Portal – through which employers can submit applications for permanent labor certification, labor condition applications (LCAs) and other applications for immigration-related DOL programs. In addition, the agency will introduce new editions of Form ETA-9089, the PERM labor certification application, and have already introduced Form ETA-9035, the labor condition application. iCert has already replaced the method of LCA filing for H-1B. The new iCert system begins to accept LCAs as of July 1, 2009. Employer and attorneys as the case may be, can still use the old LCA account but cannot submit new LCA. New LCA has to be filed from iCert.
Following are the new changes which has taken place:
– The new LCA requires writing the SOC (ONET/OES) code and the occupation title for the job.
– The new LCA has a section for basis for the visa classification supported by the application. There are the following categories:
a. New employment;
b. Continuation of previously approved employment without change with the same employer;
c. Change in previously approved employment;
d. New concurrent employment;
e. Change of employer;
f. Amended petition.
– One has to indicate the total number of H-1B/H-1B1 non-immigrant workers.
– The new LCA also requires, in the employer information section, to indicate the Trade name/doing business as (DBA), if applicable, the old LCA does not have this requirement.
– In the new LCA, one is required to write NAICS code.
– There is a new section in the new LCA – Employer point of contact information, which requires to indicate the following: full contact’s name; contact’s job; contact’s address; contact’s telephone number; contact’s e-mail address.
From time to time we publish posts by guest writers, this article is written by Kat Sanders, who regularly blogs on the topic of court reporter school online at her blog Court Reporter Schools. She welcomes your comments and questions at her email address: katsanders25@gmail.com
Obtaining a visa to enter another country is not often an easy job. It involves a great deal of work and numerous formalities before you can are legally allowed to enter the foreign nation. Very often, lawyers who have experience and who are specialized in the visa applications process are able to help you with your visa, especially if you need one to be able to work in a new country or stay there for a while before you decide on your future options. A visa lawyer can help you by:
• Taking care of the paperwork and research: A company that is looking to hire employees from overseas will have to get them special visas that allow them to work for a certain period in their homeland. This means that all applicants and their credentials will have to be screened in order to protect national security and ensure that terrorists and other anti-social elements are not using this visa to enter the country illegally.
The recent steps taken by Obama Administration to zero in on employers with I-9 gross violation, I would like to suggest the employers few measures which I’ve gleaned from assisting employers survive such audits over the years:
– Employers has to make sure that each new hire completes Section 1 of the I-9 form on the first day of employment to avoid paying fines in case the employee’s information is incomplete.
– Need to complete Section 2 of the form by the employee’s third day of employment. Employee can show from the list of documents mentioned at the back of the form List A document/ List B document., and one from List C (Employment Authorization) document. Do not request specific documents or additional documents.
– I-9 forms to be kept separate from employee personnel files.
– Advising employees who check the box in Section 1 to update the I-9 well in advance of the termination of their work permits.
On July 9, the Senate, by a vote of 84 to 6, passed a DHS funding bill which includes a variety of immigration enforcement and benefits measures. The measure now goes to a House-Senate Conference Committee which must reconcile this bill with a funding measure previously passed by the House of Representatives which contains none of the immigration amendments added by the Senate.
Immigration Provisions: The Senate also adopted two amendments. The first would eliminate the “widow’s penalty”. This would allow foreign-born widows and orphans to remain eligible for permanent residence even when the U.S. citizen spouse/parent dies before they achieve such status. The second would extend the “Conrad 30” J waiver program for physicians and the religious worker program for non-ministers until September 30, 2012. Currently, both programs are due to expire on September 30, 2009.
The Senate bill includes an amendment by Senator Patrick Leahy which would make the EB-5 Regional Center Investor program permanent. Currently, the program is due to expire on September 30, 2009.
The government has tens of billions of dollars left in the eye-popping $700 billion bank bailout fund created last fall, prompting a debate in Congress over what to do with it. The question of what to do with the money will grow more pressing in coming months as Congress takes a step back to consider the fate of the Troubled Asset Relief Program, or TARP.
Lawmakers had rushed to approve the money in October 2008 as Wall Street sat on the brink of collapse. Since then, even as the economy continues to wobble and high unemployment threatens the prospects for a speedy recovery; major banks have repaid $70 billion in assistance and expressed growing optimism about their ability to function without government assistance.
The Government Accountability Office, the nonpartisan investigative arm of Congress, estimated on Thursday that the government has about $328 billion left in the fund that hasn’t been spent or legally committed. According to GAO, the government has disbursed approximately $339 billion and promised $102 billion more. That leaves some $259 in the fund plus the $70 billion banks have repaid.
USCIS has announced that the H1B cap count continues to inch forward, with an approximate count of 45,000 as of July 3, 2009. This is a slight increase over the last count. As of this writing, both the advanced-degree and regular caps remain open for FY2010.
We will continue to provide updated H-1B cap count information, as and when it is made available.
Employers can still file fresh H-1B petitions considering that H-1 cap is still there.
USCIS announced on June 22, 2009 that the premium processing service will resume for I-140 (Immigrant Petition for Alien Worker) cases. This service was suspended since July 2, 2007. The USCIS announcement advises that they will accept premium processing requests for all EB1, EB2, and EB3 cases, except for EB1 Multinational Executive Transferees and EB2 National Interest Waiver cases.
USCIS will charge an additional $1000 filing fee for the premium processing service. USCIS will take one of the following action within 15 calendar days in-lieu-of this fee: approve the case, issue a notice of intent to deny (NOID), issue a request for evidence (RFE), or open an investigation for fraud / misrepresentation. They also provide a dedicated telephone number and email address to facilitate communication regarding the case.
Legislation to ease immigration into the United States could be passed by the US Senate before the summer break, a leading US politician said yesterday in Dublin, though it would then face a battle to gain the support of a majority of the US House of Representatives. However, Congresswoman Nydia Velazquez from New York, a leading figure on immigration in Washington, said Ireland had no chance of reaching a bilateral deal with the United States to deal with undocumented Irish living illegally there.
US president Barack Obama made it clear in Washington in recent days during meetings with congressional leaders that he wants comprehensive immigration reform – which has been tried before and failed.
US senator Chuck Schumer (New York) is bringing legislation to the Senate by the end of July, said Ms Velazquez, one of a number of members of Congress in Ireland this week. “It is important because the speaker of the house has made it clear that she wants the Senate to pass the legislation first and then the house will take it,” she told The Irish Times.
Employers are receiving ample H-1B RFE in FY 2009-10. This is a major concern for the IT consulting and staffing companies. The problem of the unanswerable RFE generally stems from an H1B petition that was filed without awareness of the current USCIS expectations and adjudication standards. Petitioner has to submit various proofs relating to the beneficiary intended employment. A common problem is the work location/s of the H1B employee/s. It is obvious for a consulting company to file H1B petitions that provide their headquarters office/principal place of business as the work location. This generally is done because they do not know where the individual will really be working on the start date requested in the H1B petition. A project assignment would be located and matched with the employee sometime after the H1B has been filed.
Visa Lawyer Blog