As of June 26, 2009, 44,800 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.
Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)
If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.
]]>On July 1, 652 businesses nationwide were served with Audit Notifications indicating that ICE would be inspecting their hiring records (Form I-9) to determine whether they are in accordance with the employment eligibility verification laws and regulations.
The businesses presented with the Notice of Intent to Audit Form I-9 were selected as a result of leads and other information obtained through other investigative measures.
This is the first step for ICE in its nationwide plan to promote compliance with the employment eligibility laws through an effective I-9 Audit system.
*Form I-9 must be completed for each new hire. The form requires the employer to review several personal identification documents of the new hire (i.e., passport, permanent resident card, employment authorization card, driver’s license, birth certificate, military id, etc) and to determine the genuineness of the documents.
If you are interested in conducting an I-9 Audit to ensure your company’s compliance with the employment eligibility verification laws and regulations, feel free to contact our office.
Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)
If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.
]]>The following categories are eligible for premium processing:
EB-1 Aliens with Extraordinary Ability
EB-1 Outstanding Professors and Researchers
EB-2 Member of Professions with Advanced Degrees or Exceptional Ability (not seeking National Interest Waiver)
EB-3 Professionals
EB-3 Skilled Workers
EB-3 Workers other than Skilled Workers or Professionals
By paying the required $1,000 for Premium Processing, petitioners will receive one of the following from the USCIS: an approval, a notice of intent to deny, a request for evidence, or a notice of the intent to investigate, within 15 calendar days of receipt.
If you have any questions, please contact our office.
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 would like our assistance, feel free to contact our office.
The USCIS shall begin accepting concurrently-filed applications (I-360 and I-485) provided that the applicant meets all of the filing requirements.
Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)
If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.
]]>Click here to view the July 2009 Visa Bulletin
]]>While waiting for delivery of the permanent residence card, approved recipients will be given temporary evidence of permanent residence at the time of their interview. Therefore, applicants will need to take their passports to their interview, so that the USCIS may place an I-551 stamp within the passport. This stamp will serve as temporary evidence of permanent residence until the recipient receives the actual permanent residence card. If approved applicants do not have a passport, they are required to bring a passport style photo and government issued photo identification to the interview to receive the stamp.
For applicants whose application is approved after the interview, they must schedule an INFOPASS appointment and bring the requested documents above to that appointment to obtain the I-551 stamp.
If you have any questions regarding this matter, please contact the MVP Law Group.
]]>The labor certification application was accepted by the CO in October of 2005. A few months later, the CO issued an Audit Notification to the Employer. Among other items, the Audit requested a copy of the Notice of Filing used for the alien worker’s labor application. The Employer responded by complying with the request and sending the Notice of Filing. In October of 2006, the CO issued a denial letter on the grounds that the Notice of Filing failed to contain the appropriate CO’s contact information including the physical address. Thereafter the Employer submitted a request for reconsideration, and only included a notice of entry of appearance of a new attorney; no argument or other information concerning the grounds for denial were provided. In September of 2008, the CO issued a letter of reconsideration finding that the denial of labor certification was valid. The CO noted that the Employer failed to provide any information relating to the missing information on the Notice of Filing. The CO then forwarded the case to the Board. New counsel for the Employer filed a brief arguing that the failure to provide the address of the CO was harmless error and therefore denial based upon a typographical error was a denial of due process. Counsel also stated that when the Employer was made aware of the omission, he agreed to repost the Notice of Filing. The CO appropriately filed an appellate brief stating that the Board had ruled on the issue of failure to include the address of the appropriate CO on the Notice of Filing in a 2007 case.
]]> Upon BALCA review it was determined that the regulation at 20 C.F.R. § 656.10(d)(3) is controlling. It provides that the Notice of Filing must: (i) state that the notice is being provided in response to filing a labor certification application for the related job position; (ii) state that any person may provide information bearing on the application to the CO of the Department of Labor (DOL); (iii) provide the address of the appropriate CO; and (iv) be provided between 30 and 180 days before the filing of the application. The Board further provided that by not having the appropriate address of the CO posted, no one could contact the CO about any information related to the business practices of the company (wage and labor conditions, availability of workers, etc). Here, the Notice of Filing made no indication of how to contact a CO about the application, in direct violation of the controlling regulation. Additionally the reconsideration request did not contain any argument regarding the reason for denial. Not until the case reached the Board did Counsel for the Employer provide an argument. The Board stated that even if they were able to hear the new arguments, they were not convincing on the matter. In regards to the re-posting, the Board stated that there was no evidence of the offer in the Appeal File. Additionally, even if the offer was made it was discretionary upon the CO whether to direct a supervised recruitment, and therefore he was under no obligation to grant it.Accordingly, the CO properly denied certification.
]]>If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.
]]>In August of 2005, the Employer submitted a labor certification application on behalf of an alien worker. The application indicated that the job location was Warren, Rhode Island. Shortly thereafter, the CO issued an audit notification requesting among other documents, the prevailing wage determination (PWD) issued by the State Workforce Agency (SWA). The PWD submitted by the Employer was from California, not Rhode Island. Portions of the California form were crossed out, with Rhode Island being inserted. The portion of the form which provides the job site address and county of job site listed both a Rhode Island address and county and a California address and county. The form was not signed nor dated by the SWA and several important portions were left blank. Specifically, the portions dealing with the Survey Data, Survey Area, Research Analyst were blank. No Rhode Island phone number was provided. The Employer then requested reconsideration arguing that the Rhode Island SWA had informed his office that they could utilize the California prevailing wage request form because they did not have their own form at the time of request. In September of 2008, the CO issued a letter denying certification because the Employer had failed to submit a prevailing wage determination that complied with regulations. The PWD submitted was not effectively endorsed by the Rhode Island SWA, and therefore, it could not be considered valid. The CO then forwarded the case to the Board. Counsel for the Employer argued that it was harmless error, and the CO argued that the Employer failed to provide sufficient documentation to demonstrate that the Rhode Island SWA issued the PWD in question.
Upon BALCA review it was determined that the regulations require that an Employer request a prevailing wage determination from the SWA having jurisdiction over the area of intended employment. Additionally, the SWA must endorse the PWD and return it properly to the Employer. In the case at hand, there was not sufficient information presented that the PWD submitted was actually issued by the Rhode Island SWA.
Accordingly, the CO properly denied certification.
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