Articles Posted in Immigration News

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of January 7th, 2011 58,700 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

*USCIS will continue to accept REGULAR cap-subject petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

For those individuals taking naturalization tests AFTER January 5, 2011 please note that there are some changes to the civics test answers due to the recent federal elections. Questions 20, 23, and 47 will have different responses.

For question 20 which asks: “Who is one of your State’s US Senators now?” please choose a senator for your state that will serve in the 112th Congress. A list of current members of the US Senate can be found at www.senate.gov.

For question 23 which states: “Name your US Representative” also make sure to write the name of your representative that will be serving in the 112th Congress. A list of the members of the US House of Representatives can found at www.house.gov.

On December 22, 2010, U.S. District Court Judge Dolly Gee ruled that two men with severe disabilities must be provided with representation in their deportation cases.

The ACLU of Southern California is optimistic after the ruling as they hope someday all mentally disabled detainees will receive representation. Immigration courts are not required to provide attorney representation for individuals. A current lawsuit filed by the ACLU alleges, “Federal officials have deprived the detainees of their Constitutional right to due process.” They argue mentally disabled detainees are unable to get a fair hearing without representation. As a result of the Judges’ ruling, the Federal Government will have to find pro-bono representation or pay for representation for the two men.

MVP Law Group supports Judge Gee’s ruling to provide representation for the two mentally disabled men and is supportive of the ACLU’s suit to require representation for all mentally disabled detainees.

MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa

Is the H1B CAP still available?

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of January 1, 2011.

If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of December 31st, 2010, 57,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of December 31st, 2010, 20,000 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap. THE H-1B MASTERS CAP HAS BEEN REACHED!

MVP “Q & A Forum” – This Friday, January 7th, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Hua Huang, manager of China Buffet/Mongolian Grill in Missouri plead guilty to harboring, transporting, and hiring illegal aliens in addition to conspiracy to commit visa fraud on December 10.

It was discovered during the investigation that between January 2009 and August 2010, Huang regularly employed illegal workers from Mexico and China. During that time Huang obtained fake identification for the illegal workers and tried to arrange marriages for them in order to secure visas. Huang’s sentencing is set for March 2011.

On December 10, two local El Paso businesses signed up to become IMAGE (ICE Mutual Agreement between Government and Employers) partners. The IMAGE program was started in 2006 by US Immigration and Customs Enforcement (ICE) to minimize the number of unauthorized workers being hired, reduce fraud, and create a more secure workplace. To qualify as an IMAGE partner, a business must first meet certain criteria such as: assessing their hiring practices to uncover weaknesses that could potentially be exploited, enrolling in employment eligibility verification programs, training employees on how to use the new IMAGE screening tools and practices, as well as undergoing a Form I-9 audit by ICE.

After being audited last year, Tony Marquez of Jobe Materials, LP became an advocate for the IMAGE program and says, “I feel that by being audited by ICE, and having my employees trained through the E-Verify online system to determine the authenticity of new employee documentation, I will be a more vigilant employer and a guardian of immigration laws.” For more information or to learn how to become an IMAGE partner, visit http://www.ice.gov/image/.

Tara Ammons Cohen, a Washington state resident, is set to be deported back to Mexico due to an investigation into her citizenship. Cohen was adopted by US citizen parents when she was a baby and believes she is an American citizen. Legally, Cohen is not an American citizen because when she was adopted from Mexico at 4 months old; her adoptive parents never secured her citizenship. Cohen is very scared at the possibility of being deported to Mexico, as she doesn’t speak any Spanish and Mexico is a very unfamiliar place to her. Being deported would also mean that Cohen would leave her husband and three children behind in the US. The investigation into her citizenship began after she pleaded guilty and served time for drug trafficking. Cohen plans to keep fighting her deportation even it means going all the way to the Supreme Court.

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