OUTSIDE THE BOX THINKING, DELIVERING CUTTING EDGE SOLUTIONS!

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.

The H-2B cap limit for first half of FY 2013 (October 1 – March 31) is 33,000. As of the last count (12/14/2012); 13,774 beneficiaries have been approved and 2,959 are still pending for a total of 16,733.

The H-2B cap limit for the second half of FY 2013 (April 1 – September 30) is 33,000. As of the last count (12/14/2012); 0 beneficiaries have been approved and 313 are pending for a total of 313.

These USCIS statistics on DACA cases from 8/15/12 to 12/13/12 show a total of 355,889 DACA requests accepted for processing, 336,464 biometric services appointments scheduled, 157,151 requests under review, and 102,965 requests approved. The data also show the number of accepted requests from the top countries of origin and states of residence.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (December, 2012)

For further information regarding Deferred Action for Childhood Arrivals, please visit www.uscis.gov/childhoodarrivals.

New fee allows USCIS to recover the costs of processing immigrant visas after individuals receive their visa packages from the Department of State abroad

WASHINGTON-On Feb. 1, 2013,U.S. Citizenship and Immigration Services (USCIS) will begin collecting a new USCIS Immigrant Fee of $165 from foreign nationals seeking permanent residence in the United States. This new fee was established in USCIS’s final rule adjusting fees for immigration applications and petitions announced on Sept. 24, 2010.

USCIS has worked closely with the Department of State (DOS) to implement the new fee which allows USCIS to recover the costs of processing immigrant visas in the United States after immigrant visa holders receive their visa packages from DOS. This includes staff time to handle, file and maintain the immigrant visa package, and the cost of producing and delivering the permanent resident card. The implementation of this new fee is further detailed in a Federal Register notice scheduled for publication tomorrow.

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, December 21, 2012. Act now and submit your questions!

A past applications-adjudicator for the former U.S. Immigration and Naturalization Service (INS) has been indicted by a Bay Area grand jury on nine criminal counts stemming from his alleged role in a marriage fraud scheme.

Andrew Chojecki, 61, a naturalized U.S. citizen who most recently resided in Poland, is charged in an indictment handed down Dec. 6 with conspiracy to commit marriage and visa fraud, marriage fraud, and alien harboring. The charges are the result of a two-year probe by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI) and its partner agencies on the San Francisco Document and Benefit Fraud Task Force, including U.S. Citizenship and Immigration Service’s Fraud Detection and National Security Unit.

Six additional defendants are accused of conspiring with Chojecki to commit the fraud. They are; Beata Szkop, Malgorzata Zuk, Aaron Goldsmith, Pawel Karolak, Vito Scherma and Hector Vargas. The latter four defendants are also charged with alien harboring.

The Department of State has released its latest Visa Bulletin.

Click here to view the January 2013 Visa Bulletin.

The January 2013 Visa Bulletin shows employment based second preference (EB-2) and employment based third preference (EB-3) as both being oversubscribed. EB-2 is current for all chargeability areas except those listed.

Administrative Appeals Office (AAO) Processing Times were released with processing dates as of December 1, 2012.

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

Administrative Appeals Office

Following an investigation by U.S. Immigration and Customs Enforcement’s (ICE) Homeland Security Investigations (HSI), a Pennsylvania woman pleaded guilty Thursday to conspiracy to commit mail fraud.

Eleni Nguyen, 29, of Phoenixville, Pa., pleaded guilty in federal court to the charge in connection with filing false documents with the Pennsylvania Unemployment Compensation program. Nguyen is the third person charged in a scheme involving a temporary employment agency hiring illegal alien employees. Nguyen is the owner of the employment agency.

Andri Gunawan, a representative for the company, previously entered guilty pleas to various crimes, including conspiracy to transport illegal aliens, harboring illegal aliens and mail fraud. Both Gunawan and Nguyen are awaiting sentencing.

Many people seem to be wondering whether they should work based on their employment authorization documents (EADs). This dilemma is likely tied to the large number of individuals who were able to file adjustment of status applications (I-485s) in late 2011 or early 2012. For these individuals, the option of employment using an EAD is a recent development.

Background: Cutoff Date Retrogression and Fluctuation

There was rapid advancement of the EB2 India and China cutoff dates from December 2011 through April 2012. Thereafter, for most such applicants, visa numbers have been unavailable due to a phenomenon known as retrogression. As of this writing, the cutoff date for EB2 India has retrogressed – or moved backwards – to a cutoff date of September 1, 2004, valid during the months of October, November, and December 2012. EB2 China has less extreme retrogression, with a cutoff date of October 22, 2007 during the month of December 2012.

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 – General

What steps do my employer and I need to follow in order to switch from H1B to EAD when my H1B expires. My employer and I have decided not to renew my H1 B.

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