OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

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On September 5, 2012, the United States Embassy in India announced it will begin using a new visa processing system. The new system will standardize procedures and simplify fee payments. Appointment scheduling will be completed by phone or through the website, www.ustraveldocs.com/in. The new visa processing system for India will be available beginning September 26, 2012. This system streamlines the visa process to help meet the increased demand for U.S. visas by offering more online services. One difference to note is that first-time applicants will need to schedule two appointments; one for fingerprinting and one for the consular interview.

For further details read the original press release (http://newdelhi.usembassy.gov/pr090512.html).

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The Department of Homeland Security (DHS) has advised how they will handle and process Deferred Action for Childhood Arrivals (DACA) requests. AILA has listed these advisories below:

• DHS has advised AILA that its current internal goals for processing of DACA requests are:

o One month from receipt issuance to biometric appointment (the first round of biometrics started on September 6, 2012)

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Posted in: DACA
Updated:

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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, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Our next “Q & A Forum” will take place this Friday, September 14, 2012. Act now and submit your questions!

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The question of whether a new or amended H-1B petition is required when the beneficiary’s worksite changes has been raised with USCIS at the October 5, 2011 stakeholders meeting (AILA Doc. No. 11100570) and again at the March 29, 2012 stakeholders meeting (AILA Doc. No. 12033045). AILA supports the position taken in the October 23, 2003, Efren Hernandez letter, that an amended Form I-129 is not needed for geographic moves so long as the following conditions are met:

1) an LCA has been filed and certified for the new location prior to the employee’s move to the new location;

2) the LCA has been posted in accordance with DOL regulations;

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In the past two weeks the Republican and Democratic Parties have released their official 2012 Party Platforms. Here we’ve compiled the major points of each Party’s platform that relate to immigration.

The Republican Party Platform on Immigration (Summary)

• Supports the rule of law and opposes any form of amnesty.

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The American Immigration Lawyers Association (AILA) Service Center Operations (SCOPS) liaison committee expressed concern to USCIS that the significant delays in adjudicating cap-subject H-1B petitions at the two service centers will cause disruptions for employers who rely on the arrival of new H-1B workers and disruptions for the continued employment of F-1 practical trainees as H-1B workers, on October 1, 2012, initiate, continue, or expand projects. SCOPS replied that USCIS understands AILA’s concerns about the processing times for cap-subject H-1B petitions, including cap-gap and consular notification cases.

Service Center Operations has made adjudication of these cases by October 1st a top priority by adding additional resources as available. USCIS states that service centers are doing their best to adjudicate these cases as soon as possible. AILA thanked SCOPS for that information and alerted them that petitioners are concerned that they will be forced to upgrade to premium processing.

Source of Information: “AILA InfoNet Doc. No. 12090443 (posted Sep. 4, 2012)”

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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. Therefore, your communication with us through this forum will not be considered as privileged or confidential.

Question #1 – Employment Based Immigration – Green Card

I appealed my denied my labor application to BALCA. My employer just got notice that my appeal has been docketed. When can I expect a decision?

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In EB permanent residence, commonly referred to as “green card,” cases there are and have always been many unknown factors that impact processing times. The timeframes can range by years from one case to the next. Procedures can change in mid-stream, disrupting plans and strategies.

Labor Certification – PERM

All labor certifications are filed under the PERM process. Under PERM, all cases must be pre-advertised. There is a 30-day “quiet period” following the completion of recruitment efforts. The case can only be filed after the 30 days. Thus, the time required for preparation of a PERM case is a combination of this quiet period, a 30-day State Workforce Agency (SWA) job order requirement, a number of recruitment requirements, a job posting, and the need to obtain a prevailing wage determination. Of course, all of the time necessary for the preparation and review of a case, and communication between the lawyer and the employer and/or employee, must also be considered. Additional time is required for the employer to screen resumes submitted in response to recruitment efforts and to interview potentially qualified applicants. Depending upon how quickly the prevailing wage determination is issued, whether the employer has engaged in any recruitment efforts prior to the start of the PERM case, how quickly the employer or employee provides information and documentation, and the number and qualifications of job applicants, it could take as long as four to six months for the PERM case to be ready for filing.

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A non-immigrant visa interview waiver checklist for India has been posted by Mission India to help you determine your eligibility. The requirements are listed below for non-immigrant visa interview waiver eligibility for visa renewal applications submitted at any U.S Consular office in India (Delhi, Mumbai, Chennai, Hyderabad or Kolkata).

Eligibility Requirements

• I have a previous U.S. visa in the same class as the visa class for which I wish to renew.

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