News Flash Archival
SPECIAL ANNOUNCEMENT!
Please visit the new HaydenLaw blog where Frances Hayden will be posting her comments and insights about the latest developments in immigration law issues. You will find the blog at the HaydenLaw page on Facebook or link directly at www.haydenlaw.com/blog
The HaydenLaw blog should be a useful resource for the updated information about visa processing, travel advisories and a broad range of practical tips. We hope you will check out the HaydenLaw blog and we welcome your feedback. Thank you.
NEWS FLASH!!
H-1B QUOTA MAY BE EXHAUSTED SOON
U.S. Citizenship and Immigration Services (USCIS) has reported that the “master’s exemption,” which exempts from the quota the first 20,000 petitions filed on behalf of beneficiaries who have earned a master’s or higher degree from a U.S. university, is completely filled. In addition, USCIS recently announced that, as of October 25, 2009, it had received 52,800 H-1B petitions toward the annual H-1B quota of 65,000. This means, given set-asides that reduce the annual H-1B quota, there may be as few as approximately 5,000 H-1Bs left for the remainder of the entire fiscal year.
Employers who wish to obtain H-1B employment authorization for an employee or future employee prior to the start of the next fiscal year, which begins October 1, 2010, should work quickly to file a petition before the quota is exhausted.
NEWS FLASH!!
2011 DIVERSITY VISA LOTTERY PROGRAM OPENS!
Applications for the U. S. Department of State’s 2011 Diversity Visa Lottery Program must be submitted electronically by 12PM EDT, November 30, 2009. Applicants may access the electronic Diversity Visa entry form (E-DV) at www.dvlottery.state.gov. Paper entries will not be accepted.
The Diversity Immigrant Visa Program provides a maximum of 55,000 visas each fiscal year to persons from countries with low rates of immigration to the United States. A computer generated, random lottery chooses “winners” who may continue processing toward lawful permanent residence in the U.S.
For DV-2011, persons born in the following countries are not eligible because these countries sent more than 50,000 immigrants to the U.S. in the previous five years: Braziil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico,Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
Your current citizenship, if different from your country of birth, is irrelevant to eligibility for the lottery. Also, even if you were born in an ineligible country, if your spouse was born in an eligible country you both qualify to each file a separate application as a “native” of the eligible country.
The Department of State instructions can be very confusing. Moreover, exits and reentries following a winning notice may disqualify a lottery winner from adjustment of status, i.e. finalizing the green card in the U.S. Persons who have periods of unlawful presence or who have been out of status in the U.S. may not qualify for adjustment of status to complete the green card process. Advice from a qualified immigration attorney can help fortunate lottery “winners” avoid the pitfalls and complications in the DV-2011 process.
NEWS FLASH!!
H-1B VISA SPONSOR AUDITS
U.S. Citizenship & Immigration Services (USCIS) has begun making "surprise visits" to U.S. work sites of companies that sponsor H-1B and L-1 visa holders. It has been reported that USCIS inspectors arrive with a checklist of questions designed to confirm the identity of the employer who petitioned for the visa and visa beneficiary, as well as to verify that both are in compliance with the terms and conditions of the visa. A USCIS spokesperson confirms the agency has begun conducting random on-site inspections as part of the expansion of its Administrative Site Visit and Verification Program, launched at the beginning of this fiscal year.
Any non-immigrant petition may be subject to workplace audits after approval!
The USCIS has no statutory or regulatory authority to enter the workplace of H-1B or L-1 visa holders and compliance with the investigation is voluntary. However, employers taken off guard by an unplanned visit may not be aware of this fact. Although a cooperative and courteous attitude is advisable, employers are not obligated to submit to disruptive or unreasonable requests for access to company employees or company property. Company representatives also may reasonably request more time to provide documents or other information.
Employers who may be subject to such a visit are advised to designate a leader from the general counsel's office or human resources to guide inspectors who could be involved in a potential site visit. Companies who sponsor foreign professionals for visas should prepare for potential audits in advance by identifying what documents they are willing to share with inspectors and who will provide the records.
Proving compliance with the H-1B program can be complicated so employers who may be subject to a USCIS audit are strongly advised to seek detailed, qualified legal guidance in advance so they may be well-prepared for any unscheduled on-site inspections.
NEWS FLASH!!
H-1Bs STILL AVAILABLE!
U. S. Citizenship and Immigration Services (USCIS) has announced that approximately 44,000 H-1B petitions have been received and counted towards the H-1B “bachelor’s quota” for Fiscal Year 2010, which begins October 1, 2009. Approximately 20,000 petitions have been received and counted toward the “master’s quota” or advanced degree quota exemption.
This means that approximately 14,200 H-1Bs remain available for the coming fiscal year.
If you are interested in filing a petition for an H-1B visa, you should not delay.
A large number of May 2009 college graduates and advanced degree recipients are coming into the job market now. Their employers will be applying for H visas for them and the current quota openings may not last long.
For more information about H-1B eligibility and the application process, please contact our office.
NEWS FLASH!!
USCIS ANNOUNCES “GREEN CARD” PRODUCTION DELAYS
On May 29, 2009, USCIS warned that applicants may experience delays extending up to eight weeks in the delivery of their Permanent Resident cards (“green card”) while USCIS upgrades its card production equipment.
This announcement also indicates that Field Offices will issue temporary evidence of Permanent Residence in the form of an I-551 stamp to applicants who are approved for permanent residence at an interview. Others will have to schedule an INFOPASS appointment to receive an I-551 stamp.
If you have any questions or desire more information about the situation with green card delays, do not hesitate to contact our office.
NEWS FLASH!!
VISA SERVICES IN MEXICO RESUME
Effective Monday, May 11, all nonimmigrant visa operations at the U.S. Embassy in Mexico City and U.S. Consular Posts throughout Mexico resumed normal operations after being closed temporarily due to concerns over swine flu.
Those concerns have passed and normal operations at U.S. posts throughout Mexico are returning. All nonimmigrant visa applicants will be contacted directly by the scheduling service about their rescheduled appointments. Immigrant visa appointments at U.S. posts in Mexico will resume normal operations on Monday, May 18. For further information on rescheduling immigrant visa appointments, please check the website of the local consulate in Mexico. If you have any additional questions regarding the status of visa services in Mexico, do not hesitate to contact our office. Thank you.
NEWS FLASH!!
H-1B VISA QUOTA STILL OPEN--USCIS Continues to Accept H-1B Petitions !
On April 8, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced it will continue to accept H-1B nonimmigrant visa petitions that are subject to the current fiscal year 2010 (FY 2010) quota cap. USCIS stated that approximately 32,500 applications for the 65,0000 regular slots available to applicants with foreign degrees or training were received during the first five business days of the filing period, which began April 1.
Requests for most of the 20,000 slots for applicants with U.S. master's degrees or advanced training have been filed, although that quota is not completely filled and will remain open as well.
USCIS will continue to monitor the number of H-1B petitions received for both the 65,000 regular cap and the 20,000 U.S. master’s degree/higher training cap. Should USCIS receive the necessary number of petitions to fill these caps, it will issue an update to advise the public that, as of a certain date (the "final receipt date"), the respective caps have been met.
The "final receipt date" will be based on the date USCIS receives the petition, not the date that the petition is postmarked.
Please remember that persons who already have been counted against the H-1B quota during the past six years are exempt, including most persons who are extending H status or changing from one H-1B employer to another. Certain persons working at institutions of higher education or teaching hospitals for private employers also are exempt from the quota.
If you have any questions about the requirements or deadlines in the H-1B process, please contact our office right away.
NEWS FLASH!!
VISA SERVICES SUSPENDED AT U.S. POSTS IN MEXICO
Due to concerns about the spread of the swine flu, the U.S. Embassy in Mexico City, as well as all other U.S. Consular Posts throughout Mexico, have suspended ALL visa services until May 6. In addition, no new visa cases are being scheduled until June 1.
The scheduling issue may change depending on the swine flu situation at specific locations in the future, but this is the current information that we have. Please check back with the HaydenLaw website for the latest developments. If you have any questions, do not hesitate to contact our office. Thank you.
NEWS FLASH!!
ELECTRONIC SYSTEM FOR TRAVEL AUTHORIZATION:
MANDATORY COMPLIANCE FOR TRAVEL UNDER THE
VISA WAIVER PROGRAM (VWP)
The U.S. Department of Homeland Security (DHS) has announced that beginning on January 12, 2009, all nonimmigrant aliens traveling to the United States under the Visa Waiver Program (VWP) must obtain an approved travel authorization from the Department’s Electronic System for Travel Authorization (ESTA).
To comply with ESTA, VWP travelers must provide electronically to U.S. Customs and Border Protection (CBP) the information currently collected on the I-94W Nonimmigrant Alien Arrival/Departure Form through the CBP ESTA website and receive authorization to travel before embarking to the United States.
The Department of Homeland Security recommends that VWP travelers obtain travel authorization as soon as they begin to plan a trip to visit the United States in order to facilitate timely departures.
To apply for travel authorization under ESTA, visit the website: https://esta.cbp.dhs.gov/ For additional information and details on ESTA, visit the website: http://www.cbp.gov/esta
NEWS FLASH!!
USCIS ANNOUNCES PROPOSAL TO INCREASE PERIODS OF STAY FOR TN
PROFESSIONAL WORKERS FROM CANADA OR MEXICO
On May 5, 2008, U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking (NPRM) to increase the maximum time a Trade-NAFTA (TN) professional worker from Canada or Mexico can remain in the United States before seeking readmission or obtaining an extension of stay.
The proposed rule will extend the maximum period of admission for TN workers from one year to three years, the same term USCIS currently may grant to H-1B specialty occupation workers.
The proposed rule also will allow eligible TN non-immigrants to be granted an extension of stay in increments of up to three years, as opposed to the current maximum of one year. TN non- immigrants are not subject to a maximum period of stay and may seek multiple readmissions or extensions, provided their intended professional activity continues and they remain otherwise eligible.
Canadian and Mexican citizens seeking temporary entry to the United States as professionals may come into the country as TN non-immigrants under the North American Free Trade Agreement (NAFTA). TN status is available to Canadian and Mexican citizens with a minimum of a bachelor’s degree, or appropriate professional credentials, who work in professions including, but not limited to accountants, engineers, attorneys, pharmacists, scientists, and teachers.
The NPRM, once implemented as a final rule, also will apply to spouses and unmarried, minor children of TN non-immigrants in their corresponding non-immigrant classifications as NAFTA dependents.
The NPRM is available on USCIS’ Web site at www.uscis.gov
HaydenLaw will continue to monitor this process and provide updates whenever new information is available.
NEWS FLASH!!
USCIS REACHES H-1B CAP
On April 8, U.S. Citizenship and Immigration Services (USCIS) announced it had received enough H-1B petitions to meet the Congressionally-mandated cap for Fiscal Year 2009. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons who are exempt from the cap under the “advanced degree” exemption.
Before running the random selection process, USCIS will complete initial data entry for all filings received during the period ending on April 7, 2008. Due to the high number of petitions, USCIS is not yet able to announce the precise date when it will conduct the computer-generated random selection process for all cap-subject petitions that were received.
USCIS will select the number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the “advanced degree” exemption limit. The agency will conduct the selection process for “advanced degree” exemption petitions first. All “advanced degree” petitions not selected will become part of the random selection process for the 65,000 general category limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless a petition is found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
HaydenLaw will continue to monitor this process and provide updates whenever new information is available.
NEWS FLASH!!
EMPLOYERS MUST BEGIN USING NEW I-9 BY DECEMBER 27, 2007
On November 26, U.S. Citizenship and Immigration Services (USCIS ) published a notice in the Federal Register explaining its new, amended Form I-9 for Employment Eligibility Verification and reminding employers that they must begin using the new "Form I-9 (Rev. 06/05/07)N" and discontinue using prior versions of the I-9 form on or before December 26, 2007.
The amended Form I-9 contains an updated list of acceptable identity and employment authorization documents that reflect current regulations. As of November 7, 2007, the amended Form I-9 is the only valid version of the form. However, the Department of Homeland Security will not seek penalties against an employer for using a previous version of the Form I-9 on or before December 26, 2007.
The new I-9 is now available and may be used by employers. After December 26, 2007 employers may face fines for using prior versions of the form.
The November 26 USCIS notice clarifies that "employers do not need to complete an amended Form I-9 for current employees for whom there is already a properly completed Form I-9 on file. Indeed, unnecessary verification may violate the INA's antidiscrimination provision . . .which is enforced by the U.S. Department of Justice's Office of Special Counsel for Immigration Related Unfair Employment Practices."
NEWS FLASH!!
OCTOBER VISA BULLETIN--MIXED NEWS
The Visa Bulletin for October has been issued and contains both good news and bad news for people who are pursuing employment-based permanent residence. With regard to good news, the first and second employment-based preferences-- EB-1 and EB-2 --have returned to the dates that were indicated in the June bulletin, the last bulletin before this summer's "Visa Bulletin-Gate" fiasco created so much confusion and distress. EB-1 is now current for all countries. EB-2 is current for all countries except China (cut-off: January 1, 2006) and India (cut-off: April 1, 2004). The lack of movement for China and India is troubling and puzzling, since visa waiting lists normally move forward sharply at the beginning of the fiscal year which starts October 1. Lack of movement at this time indicates heavy demand, as well as the strong possibility that we are unlikely to see much forward movement in these two categories for awhile.
The news also is bad for those who fall into the third employment-based preference, as all EB-3 categories have retrogressed roughly two years beyond the cut-off dates from earlier in the summer. EB-3s from China now face a cut-off date of Sept. 1, 2001 and EB-3s from from India are facing a cut-off of April 22, 2001.
Given the stalled categories, as well as the continuing volatility for other cut-off dates and the extensive retrogression in the third preference, it is more important than ever to get expert legal advice, plan carefully, pursue permanent residence strategically, and watch movement in the Visa Bulletin closely.
MAJOR NEWS FLASH!!
CHANGES IN EMPLOYMENT-BASED VISA AVAILABILITY
REVERSAL OF UNPRECEDENTED JULY 2 BULLETIN
EFFECTIVE IMMEDIATELY: THE AUGUST 2007 VISA BULLETIN withdraws the July 2007 Bulletin as it relates to employment-based cases.
After consulting with U. S. Citizenship and Immigration Services (USCIS), the Visa Office advises all readers that Visa Bulletin #108 (dated July 2, 2007) is hereby withdrawn and Visa Bulletin #107 (dated June 12, 2007) should be relied upon as the current Visa Bulletin for purposes of determining Employment visa number availability.
The Office of Communications of USCIS released the following announcement on July 17, 2007:
USCIS Announces Revised Processing Procedures for
Adjustment of Status Applications
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin, No. 107. USCIS will accept applications filed not later than August 17, 2007.
On July 2, 2007, USCIS announced that it would not accept any additional employment-based applications to adjust status. USCIS made that announcement after receiving an update from the Department of State that it would not authorize any additional employment-based visa numbers for this fiscal year. After consulting with USCIS, the Department of State has advised that Bulletin #107 (dated June 12) should be relied upon as the current July Visa Bulletin for purposes of determining employment visa number availability, and that Visa Bulletin #108 (dated July 2) has been withdrawn.
“The public reaction to the July 2 announcement made it clear that the federal government’s management of this process needs further review,” said Emilio Gonzalez, USCIS Director. “I am committed to working with Congress and the State Department to implement a more efficient system in line with public expectations.”
USCIS’s announcement today allows anyone who was eligible to apply under Visa Bulletin No. 107 a full month’s time to do so. Applications already properly filed with USCIS will also be accepted. The current fee schedule will apply to all applications filed under Visa Bulletin No. 107 through August 17, 2007. (The new fee schedule that becomes effective on July 30, 2007, will apply to all other applications filed on or after July 30, 2007.)
All Employment-Based preference categories remain “Unavailable” for August. At this time, it is uncertain whether any numbers will be returned and can be reallocated at a future date. Until informed otherwise, all readers should assume the categories will remain unavailable until October, which is the beginning of the new fiscal year.
For continuing updates regarding this unprecedented, frequently changing situation, please continue to monitor the HaydenLaw website or contact our office.
MAJOR NEWS FLASH!!
JULY VISA AVAILABILITY
UNPRECEDENTED ACTION BY U.S. DEPARTMENT OF STATE—VISA BULLETIN RETRACTED
On July 2, 2007 the U.S. Department of State issued the following unprecedented update that will immediately and adversely impact employment-based visa availability:
“The sudden backlog reduction efforts by Citizenship and Immigration Services Offices during the past month have resulted in the use of almost 60,000 Employment numbers. As a result of this unexpected action it has been necessary to make immediate adjustments to previously announced cut-off dates. All Citizenship and Immigration Services Offices have been notified of the following:
Effective Monday July 2, 2007 there will be no further authorizations in response to requests for Employment-based preference cases. All numbers available to these categories under FY-2007 annual numerical limitation have been made available.
Employment preference numbers will once again be available to these chargeability areas beginning October 1, 2007, under the FY-2008 annual numberical limitation.
Department of State Publication 9514”
This is an unprecedented action by the Department of State. As a result of this action, Citizenship and Immigration Services has announced on its website at www.uscis.gov that it is rejecting adjustment applications (I-485) filed by all applicants whose priority dates are not current under the revised July bulletin.
Because employment-based visas will not be available until October 1, 2007 it is not possible to file an adjustment of status application requesting an employment-based visa until that date, unless the Department of State revises its current action.
We anticipate release of the next Visa Bulletin in mid-September, 2007. Until then, we will not know the new cut-off dates for various categories of employment-based adjustment applications. In addition, the length of delays faced by persons hoping to file adjustment of status applications will not be known until the release of the mid-September bulletin.
Persons currently preparing to file adjustment of status applications may wish to proceed and be ready to file on October 1, if the mid-September bulletin allows.
HaydenLaw will continue to move adjustment applications toward completion with the expectation that we will be able to file them on October 1. However, we do not encourage applicants to schedule their medical exams if they have not yet taken that step.
For continuing updates regarding this unprecedented situation, please continue to monitor the HaydenLaw website or contact our office.
MAJOR NEWS FLASH!!
The U.S. Department of State has announced that beginning July 1, all employment-based immigrant visa categories will become "CURRENT"-- with the exception of the "Other Worker" category, which becomes "Unavailable." ("Other Workers" are immigrants whose jobs require less than two years of education, training or experience.)
When an employment-based visa category becomes "CURRENT," this means all potential immigrants in that category who have established a priority date either through filing a Labor Certification or an employment-based petition (Form I 140) may quickly finalize an immigrant visa application outside the U.S.or file for adjustment of their status if presently in the U.S. and certain conditions are met. ("Unavailable" means persons in that category may not process immigrant visas abroad or adjust status in the U.S. until visas become available again, usually in a few months.)
This is extremely good news for persons who have waited many years in long visa lines, particularly persons born in India and the People's Repubic of China (PRC), as well as persons whose jobs did not require an advanced degree or the equivalent.
We encourage all visitors to the HAYDENLAW site who may benefit from this major announcement to contact us so we can prepare and file the correct paperwork before the filing fees charged by U.S. Citizenship and Immigration Services (USCIS) increase dramatically on July 30, 2007.
News Flash
USCIS Introduces Online Address Change Feature.
U.S. Citizenship and Immigration Services has launched a new web-based service allowing USCIS customers to submit change of address information online.
The form is available at: http://www.uscis.gov/AR-11
All non-citizens are required to submit an Alien Change of Address Card (Form AR-11) within 10 days of changing their address. In addition to the new web-based service, USCIS will continue to accept hard copies of this form through the mail.
News Flash
To better serve our clients, HaydenLaw recently began using a new case management system.
This new system will allow our clients to access their files online.
Clients will be able to check and see which documents are still required, fill out forms online and read messages from their case manager.
In order to facilitate the change, the HaydenLaw staff will be in training from Monday, May 22nd to Wednesday, May 24th.
We will not be answering our phones as all staff members are required to attend the training.
We will check our messages periodically throughout the day and get back to you as soon as we can.
Thank you.
News Flash
COLLEGE AND UNIVERSITY TEACHERS
College and University Teachers who were selected for their current job opportunity through a “competitive recruitment and selection process” can avail themselves of special streamlined labor certification recruitment and documentation procedures if they file their application within 18 months of their selection.
In this scenario, all prior recruitment undertaken by the College or University that led to the selection of the alien for the teaching position can be used to satisfy the recruitment component of the labor certification process. Even when the application cannot be filed within the 18 month time frame, certain advantages can still be enjoyed by College or University Teachers who avail themselves of the labor certification process. Please contact our office for further details.
Special Announcement
Haydenlaw is pleased to announce that we are expanding the services we offer beyond consular processing. We are now also available to help with filing all types of Nonimmigrant and Immigrant Visa Petitions with Citizenship and Immigration Services, as well as Adjustment of Status Applications, and to prepare the paperwork associated with Immigrant Visa Processing overseas. For more information on these services please email us at visainfo@haydenlaw.com or call our office at 323-465-0550.
News Flash
H-1 B EXTENSIONS
If you have an approved I-140 Immigrant Worker Petition (in the First, Second, or Third Preference category), you may qualify for extension of your H-1B status for up to three years beyond the H-1B six-year limit, if your priority date is not current due to per country visa limitations.
This new program is separate from the benefit that currently allows extensions of H-1B status in one-year increments, beyond the six-year limit, when 365 days or more have passed since the filing of an application for labor certification OR the filing of an employment-based immigrant petition.
If you believe that you may be eligible for this new benefit, please contact our office for a full evaluation.
Welcome
HaydenLaw would like to welcome the newest member of our team--Devjani Mukherjee is joining us as Client Information Administrator.
We are happy to have her in the office.
You can meet Devjani and learn more about her here.
Thank you.
News Flash
HAVE YOU MOVED LATELY?
Most people don't know that it is a deportable offense for any foreign person living in the United States to fail to notify Citizenship and Immigration Services of a change of address within 10 days of moving.
For a link to the official Change of Address Form AR-11 and instructions on how to complete this form and where it should be sent, please go to
http://uscis.gov/graphics/formsfee/forms/ar-11.htm
News Flash
USCIS ANNOUNCES FEE ADJUSTMENTS
U.S. Citizenship and Immigration Services (USCIS) announced on September
26 a revised fee structure for immigration benefits. The new fees
became effective on October 26, 2005 and will add an average of $10 to
each application and petition. A list of the new fees may be found at http://www.uscis.gov.
HAYDENLAW is an immigration law firm that provides a high level of personalized service to our clients. Our unique team approach involves knowledgeable attorneys and an exceptional support staff who give individual attention to every case.
Thank You,
Frances Hayden and the HaydenLaw Staff
~ Nothing on this or associated pages, documents, comments, answers, email, articles or other communications should be taken as legal advice for any individual case or situation. For legal advice, consult an attorney experienced in immigration law. ~
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