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For
those of you who follow
immigration issues April
was a month of exhilaration
for some, and disappointment
for many. Some are hoping
to get a glimpse of
the Statue of Liberty,
whilst others are figuring
out an alternative
to the H-1B dilemma.
The proposed increase
in the H-1B cap might
be the best surrogate
for all the anguish
they are undergoing.
VisaPro has the resources
and expertise when it
comes to offering the
best alternative solutions
to
H-1B.
USCIS announced on May
4 that it had received
enough H-1B petitions
requesting exemptions
from the FY 2008 H-1B
cap to meet the congressionally
mandated limit of 20,000.
USCIS will be rejecting
petitions that are received
on or after May 1, 2007,
unless the petition
is otherwise eligible
for a separate cap exemption.
Given the way the H-1B
program has been going
for the last few years
it should be no surprise
that on May 11, 2007,
USCIS advised its constituents
had claimed that it
was temporarily experiencing
a receipting/data-entry
front log at its Service
Centers due to the unprecedented
volume of recent H-1B
filings. USCIS should
have anticipated the
numbers and been ready.
In an effort to give
its customers more accurate
information about current
receipting timeframes
and service level commitments,
USCIS has provided projections
for fee receipting
and data entry processing
for H-1B cap cases currently
at their Service Centers.
In another move that
was not well received
(but expected) USCIS
announced that it would
terminate Premium Processing
Service for Form
I-140 petitions
that request labor certification
substitution. USCIS
is expecting a substantial
increase in the number
of petitioning employers
that will file I-140
petitions requesting
Premium Processing Service
and seeking labor certification
substitution prior to
July 16, 2007 (the final
day that I-140 will
be allowed with substitutions
on the labor certification).
The Department of Labor
(DOL) has published
a final rule that is
intended to uphold the
integrity of the Permanent
Labor Certification
program. The DOL rule
will close off opportunities
for fraud in the employment
certification of non-US
citizens for permanent
residence in the United
States. It eliminates
the current practice
of substitution of alien
beneficiaries on both
permanent labor certification
applications and approved
labor certifications.
It also establishes
procedures for Department
of Labor debarment of
any employer found to
be acting fraudulently.
You can track the latest
update on this front
through our Immigration
News section.
USCIS is recognizing
the contributions of
our military. USCIS
has made it possible
for members of the U.S.
Armed Forces to apply
for citizenship under
special provisions of
the Immigration and
Nationality Act (INA),
including a streamlined
naturalization process
specifically for military
personnel serving on
active-duty status or
recently discharged.
Additionally, as of
October 1, 2004, members
of the U.S. Armed Forces
do not pay a fee when
filing for citizenship.
We are keeping a close
watch on the various
pieces of immigration
legislation pending
in Congress, the response
to the hearings, and
their likely consequences.
We will keep you updated
with the latest in the
coming issues of your
Immigration
Monitor.
We invite all our VisaPro
readers to go through
our Industry Perspective
article on H-2B Seasonal
Workers to get a sense
of the labor problems
faced by many industries
in the US. The debate
over increasing the
number of workers brought
into U.S. through the
H-2B program is heating
up. The demand by employers
for legal H-2B workers
has greatly outstripped
the visas which the
Congress makes available
each year. The H-2B
numerical limit set
by Congress per fiscal
year is only 66,000.
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We
continue to further
our endeavors
to bring one-stop
global immigration
service to all
our readers. This
month VisaPro
has added immigration
services to more
countries. I invite
our readers to
visit our Spain
website. We will
also be launching
our Asian Immigration
websites very
shortly. |
In last month's poll
question, we asked our
readers whether or not
they have an alternative
to the H-1B visa if
they are not selected
in the random selection
process. The responses
showed us that this
area continues to be
a bit challenging for
our readers. More than
half of the participants
showed their excitement
that they may have an
alternative visa category
to enter the U.S. Others
were discouraged because
they do not have an
alternative to be able
to go to US, while another
group appeared to be
totally confused in
making a decision, hence
not having any effect
at all. This month we
have an interesting
question for you to
express Your
Opinion. Don't
miss weighing in with
your vote.
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Samantha
Cristina
deserves all the
Congratulations
for winning last
month's Immigration
Quiz.
A significant
number of participants
confuse the denial
of visa application
with the denial
of the petition.
Make sure you
research well
for this |
month's question. Who
knows, your name may
find a mention in the
next newsletter. All
the Best!
Don't forget to add
our address Immigration-Monitor@VisaPro.com
to the list of your
contacts so that you
see the Immigration
Monitor in your email
Inbox every month and
you will not miss the
latest immigration activity.
See
you next month with
a lot more noise from
the Immigration World!
Till then CIAO!!
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Senators ask for details on reported abuse of H-1B and L-1 visas
Due to some concerns
raised over reported
fraud and abuse of the
H-1B and L visa programs,
and their impact on
American workers, Senators
Chuck Grassley and Richard
Durbin have asked the
top nine foreign based
companies in 2006 that
used nearly 20,000 of
the available H-1B visas,
to disclose further
details about their
workforce and their
use of the special visa
program.
USCIS
Terminates Premium Processing
Service for FORM I-140
Petitions Requesting
Labor Certification
Substitution
United States Citizenship
and Immigration Services
(USCIS) announced that
beginning on May 18,
2007, it will terminate
Premium Processing Service
for Form I-140 petitions
that request labor certification
substitution in accordance
with 8 CFR 103.2(f)(2).
USCIS is anticipating
a substantial increase
in the number of petitioning
employers that will
file Form I-140 petitions
requesting Premium Processing
Service and seeking
labor certification
substitution prior to
July 16, 2007. The volume
of such petitions filed
requesting Premium Process
Service is anticipated
to exceed USCIS' capacity
to give the Premium
Process Service according
to the program guidelines.
DOL's regulation to
improve integrity in
permanent labor certification
program
The U.S. Department
of Labor published a
final rule that will
improve program integrity
and close opportunities
for fraud in the employment
certification of non-U.S.
citizens for permanent
residence in the United
States.
USCIS
announces new procedures
for employees in response
to new DOL rule eliminating
substitutions on Labor
Certifications
United States Citizenship
and Immigration Services
(USCIS) is introducing
new procedures for filing
a Petition for Alien
Worker (Form I-140)
that requires an approved
labor certification
application. These procedural
changes are in response
to the Department of
Labor's (DOL) final
rule, Labor Certification
for the Permanent Employment
of Aliens in the United
States; Reducing the
Incentives and Opportunities
for Fraud and Abuse
and Enhancing Program
Integrity, published
in the Federal Register
on May 17, 2007. The
DOL rule takes effect
on July 16, 2007. The
immigrant visa classifications
that generally require
an individual labor
certification include
members of professions
holding advanced degrees
or aliens of exceptional
ability (EB-2); and
skilled workers, professionals
and other workers (EB-3).
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What
to do when H-1B cap is reached
If you miss
petitioning for an employee
before the cap is reached,
you will have to wait until
the next year to file an H-1B
petition or look for an alternate
visa category, which may or
may not match your requirements.
Employers must also evaluate
and utilize alternatives to
the H-1B category, which may
also be used to bridge the
cap' until October 1st if
you miss the H-1B bus for
a particular year.
These
businesses cannot survive
without temporary labor
The debate
over increasing the number
of workers that can be brought
into U.S. through the H2B
program is heating up. The
demand for H2B workers has
greatly outstripped the number
of visas, currently 66,000,
which Congress makes available
each year.
How to avoid a visa denial?
To be refused
a visa when you are not expecting
it causes great disappointment
and sometimes embarrassment.
What does a 214(b) visa refusal
mean? And what can applicants
and friends do to prepare
for a visa reapplication?
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| QUESTIONS
AND ANSWERS |
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| 1. |
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I
am planning to
apply for a fiancée
visa for my
fiancée
to enter US from
India. I like
to get details
on the application
process and paperwork
involved.
For the fiancée
visa you have
to show that you
have personally
met your fiancée
in the past 2
years. Proof would
include pictures
(preferable date
stamped by the
camera), copies
of passports showing
that you have
been to her country
or that both of
you met in a third
country, bills
or receipts (hotels,
meals, gifts,
etc.) for the
time you met,
travel itinerary,
etc.
The petition is
filed on Form
I-129F. The
basic form is
submitted together
with a Biographic
Information sheet
for each of you
(Form G-325A),
proof of your
citizenship, a
copy of your birth
certificate and
your wife's birth
certificate, if
either of you
has been married
before proof the
prior marriage
has been terminated,
and the proof
that you have
met. Processing
for the I-129F
will take 1-4
months, depending
on the service
center. Once the
petition has been
approved the file
is transferred
to the |
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| GOT
A
QUESTION? |
If
you
have
a
short,
simple
query
on
immigration
to
the
U.S.,
send
your
questions
to
us.
We
will
select
and
answer
a
few
of
the
queries
in
every
issue.
Note:
Responses
posted
in
this
section
provide
only
general
information.
Since
immigration
law
is
a
complex
matter,
please
consult
an
immigration
attorney
before
acting
upon
any
responses
provided. |
| Ask
Your
Question |
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National Visa Center
where the complete
the initial processing
for the K-1 visa.
The file is then transferred
to the consulate for
the final interview
and issuance of the
visa.
Once your fiancée
gets her visa she
will have 6 months
to enter the US. After
entry you will have
90 days to get married.
Once you are married
your wife will file
for adjustment
of status to get
her green card.
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| 2. |
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My husband
is a Green card holder.
If he files a petition
for me as a spouse
of a Green Card holder,
how would it help
me after my H1-B
visa expires?
Will I be eligible
to stay in USA? Can
I apply for employment
authorization based
on adjustment
of the status?
Neither the filing
nor the approval of
an I-130
petition by a green
card holder husband
for a wife confers
any immigration rights
or benefits on the
wife. It does not
allow the wife to
enter the US, stay
in the US, or work
in the US. It merely
qualifies the wife
to be put on a very
long immigrant visa
quota (F2A category)
waiting list for the
green card to become
available. The filing
of the petition will
not allow you to stay
in the US when your
H-1B expires.
You can not file your
adjustment of status
(green card) application
until your place on
the immigrant visa
quota waiting list
becomes current. Only
when your place on
the waiting list becomes
current and you file
your adjustment of
status application
may you file an application
for employment authorization.
The only way to speed
up the immigration
process through your
husband would be for
him to become a US
citizen at the earliest
time possible. He
can become a US citizen,
if otherwise qualified,
after he has had his
green card for at
least 5 years and
he can file the application
as early as 4 years
and 9 months after
he was approved for
the green card. Upon
his becoming a US
citizen, you will
convert to an immediate
relative status where
there is no quota.
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VisaPro
expedites H-2B
visas for over
100 foreign workers
from 10 different
countries
What
do you do when
the guests arrive
and there are
no bellhops to
greet them and
take their luggage,
no one to meet
them and seat
them in the dining
room, no one to
serve their dinner,
and no one to
make up their
room in the morning?
Your vacation
could quickly
turn into a nightmare.
This was the very
real possibility
that faced our
client, the company
that runs a major
resort every summer.
D corporation
maintains a year
round staff of
10-15, but hires
several hundred
summer workers
each year, including
125-150 foreign
nationals. The
company likes
to hire US workers
but just can't
find enough people
willing to work
so far out of
the way. The foreign
nationals, coming
from 10 different
countries, enter
the US on H-2B
visas and fill
positions as cooks,
buffet attendants,
bellhops, hosts
and hostesses,
and house keepers.
VisaPro started
the H-2B
process in
mid-December as
usual for a start
date on April
15. We worked
closely with the
State Workforce
Agency (SWA) to
get the prevailing
wages, hammer
out the language
for the ads and
postings, and
begin the recruitment
process. We completed
the recruitment,
prepared our reports
and submitted
the packages to
the SWA. We expected
the labor certification
applications to
be forwarded to
the Regional Certifying
Officer shortly.
Everything was
on target and
the employer started
making plans for
opening.
After a few days
we noticed that
all communication
from the SWA ceased
and nothing seemed
to be happening
with our applications.
Our attempts to
find out the status
received silence,
and we could get
no reason for
the delay. We
were finally told
that the State
Labor Commissioner
was refusing to
forward the labor
certification
applications because
he felt that the
employer did not
need foreign workers
and he was going
to find us all
the US workers
we needed.
At this point
we knew we had
entered uncharted
territory. We,
and nobody we
knew, had ever
had a SWA refuse
to forward the
labor certification
to the DOL Regional
Office. And even
worse, in the
3+ weeks they
held our applications,
they only referred
us 3 workers,
not the 125 we
needed, and which
they promised
us. When it became
obvious that we
would not be able
to get anywhere
with the SWA VisaPro
went directly
to the Regional
Certifying Officer
for assistance.
At that time there
were no procedures
in place for dealing
with the situation
because the DOL
Regional Office
also had never
had this problem.
This
got so complicated
that we had to
involve State
legislators' offices,
State Governor's
office, and US
Congressperson's
office. At the
DOL, the matter
was escalated
all the way to
Federal DOL headquarters
in Washington,
DC. After all
these efforts,
Federal DOL helped
us forward copies
of our applications
directly to the
Certifying Officer
for certification.
This eventually
led to DOL developing
a procedure that
could be utilized
in future.
VisaPro
finally succeeded
in getting all
the labor certifications
approved, received
quick approval
from USCIS, and
almost all of
the 100+ workers
received their
H-2B visas at
the US consulates
overseas.
The resort opened
on time, albeit
a little short-handed
for the first
few weeks, and
had a very successful
summer. On our
side we met and
overcame challenges
that you only
see once in a
lifetime. We learned
a lot, did what
was necessary
for our client,
and were ultimately
successful in
getting the workers
they needed.
Our experienced
attorneys are
able to review
and analyze complex
scenarios and
formulate strategies
for hiring foreign
workers on H-2B
visas.
If you are running
a hotel, restaurant,
park, entertainment
center, resort,
grocery store
or any other facility
that needs foreign
workers for seasonal,
one-time, or peak
load situations
we encourage you
to Contact
VisaPro to
review your situation
and discuss your
options.
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Monitor" is published
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VisaPro.com. Our goal is to help
keep you informed of the trends
and events related to US Immigration. |
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