Posted On: February 25, 2009

Correction to NSC Form I-485, Employment Based processing time

The United States Citizenship & Immigration Service (USCIS) has issued a correction to the Nebraska Service Center (NSC) processing times published on February 20, 2009.

The current processing time for Form I-485, Employment Based petitions is 8/15/07.

Posted On: February 25, 2009

USCIS will expand the Premium Processing Service for Certain Form I-140 Petitions

Effective March 2, 2009, the United States Citizenship and Immigration Services (USCIS) will expand their premium processing service to certain Form I-140 petitions. This service will be expanded to include alien beneficiaries who have almost reached their limitation of stay on H-1B visa status.

For the specific details, please read the entire fact sheet

Posted On: February 24, 2009

Updated Service Center Processing Times

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on February 20, 2009 with processing dates as of December 31, 2008.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center
National Benefits Center
Nebraska Service Center
Texas Service Center
Vermont Service Center

If your petition is out-side of the normal range listed, contact USCIS. (1-800-375-5283)

If you need assistance, please contact our office.

Posted On: February 23, 2009

FAQs regarding the H-1B Provisions of the ARRA of 2009

The American Immigration Lawyers Association’s (AILA) Business Committee prepared a list of frequently asked questions about the H-1B provisions included in the new economic stimulus bill – the American Recovery and Reinvestment Act of 2009. The list discusses the impact of the H-1B provisions on H-1B employers, provides an explanation as to the restrictions that are placed on TARP fund recipients, and offers advice to affected employers on how to complete Labor Condition Applications (LCA) for H-1B foreign workers.

Posted On: February 17, 2009

Economic Stimulus Bill Includes Sanders H-1B Amendment

On Friday, the House of Representatives passed a multi-million dollar stimulus bill designed to jumpstart the United States’ economy. For the business immigration world, the bill includes the Sanders H-1B amendment . This amendment heavily burdens recipients of Troubled Assets Relief Program (TARP) funds with strict regulations for hiring foreign workers under the H-1B program. The President of AILA, Charles H. Kuck, said, “The misguided signal it sends is that immigrants are part of the problem rather than an integral part of the solution.” In other words, the H-1B program works to bring foreign-born talented individuals to the United States to help create new jobs and bolster the United States’ economy. Passage of the amendment means that it is going to be harder for TARP recipients to successfully petition for top level talent under the H-1B program and thus it works counter to the ultimate goal of economic growth for the United States.

The economic stimulus bill has been approved by the Senate and is expected to be signed by President Barack Obama early this week.

NOTE - THE SANDERS H-1B AMENDMENT APPLIES ONLY TO THOSE RECIPIENTS OF TARP FUNDS.

Posted On: February 12, 2009

Final Defendant in California Restaurant ICE raid receives sentence

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE) beginning in September 2008, the seventh and final defendant of the restaurant raids was sentenced. The Asian buffet restaurant owner was sentenced to eight months of home confinement and three years probation on charges of knowingly employing illegal aliens and mail fraud. Additionally, the judge ordered the owner to pay $49,000 in criminal fines.

As a result of the investigation, ICE arrested 21 illegal alien workers on administrative immigration violations who were encountered at the search locations.

Additionally, the judge noted that the restaurant owner had conspired with an employment agency to hire aliens, who due to their illegal status, were subject to exploitation. The judge also made note that the defendant benefitted financially by not paying taxes, fees and proper salaries for the illegal employees.

ICE aggressively targets employers who violate immigration laws!

The MVP Law Group encourages all employers to abide by the rules and regulations and keep and maintain accurate and up-to-date I-9 forms for all employees.

If you are interested in conducting an I-9 compliance audit, please contact our office!

Posted On: February 11, 2009

March 2009 Visa Bulletin

The Department of State has released its latest Visa Bulletin. The March 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the March 2009 Visa Bulletin

Posted On: February 2, 2009

ICE Investigation results in three-count indictment

After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE) and the Alabaster Police Department, a Birmingham, Alabama construction company owner was indicted on charges of harboring and employing illegal aliens.

As a result of the investigation, the owner was charged in a three-count indictment. If convicted of all counts, the owner faces a maximum term of imprisonment of 10 years and a fine of $250,000. All of the illegal aliens working for the construction company were arrested and placed in deportation proceedings.

ICE aggressively targets employers who violate immigration laws by knowingly employing an illegal workforce.