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The United States Citizenship and Immigration Service (USCIS) has released its most updated materials for those interested in or applying for naturalization/citizenship.

At the MVP Law Group, we recommend that naturalization/citizenship applicants review the Publication: The Citizens’ Almanac. The Almanac provides an in-depth look at the history of the United States of America. It contains detailed information about fundamental documents, symbols, and anthems of the United States like the Declaration of Independence, the U.S. Constitution, the Star Spangled Banner and the American Flag. It also contains several Presidential and historical speeches along with a few landmark decisions of the U.S. Supreme Court.

Applicants anticipating an interview for naturalization should review the study materials provided by the USCIS. The MVP Law Group recommends that applicants utilize the following:

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After an investigation conducted by U.S. Immigration and Customs Enforcement (ICE) a former supervisor of an Iowa poultry plant was sentenced to twenty-three months in prison for his role in harboring illegal aliens.

According to information disclosed in court, the former supervisor played an active role in harboring the illegal aliens. Specifically, he told a number of employees to change their Social Security numbers and names in order to continue working at the company, and later directed six of his most valuable workers to get new identification documents.

The Federal Judge in this case increased the sentence from the sentencing guidelines because the former supervisor held a supervisory position and also because one hundred or more illegal aliens were harbored.

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Employers who are filing H-1B cap exempt visa petitions including extension petitions must file those petitions with the California Service Center (CSC). Additionally, please note that any H-1B cap exempt and extension petitions mistakenly sent to the Vermont Service Center (VSC) will be REJECTED.

H-1B “Cap EXEMPT” petitions include petitions filed by:

• Institutions of higher education, as defined in section 101(a) of the Higher Education Act of 1965, 20 U.S.C. 1001(a);

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In an effort to reduce the amount of Tentative Non-confirmations (TNCs) being issued by the United States Citizenship and Immigration Service (USCIS), the Service has teamed up with the Department of State (DOS) and has incorporated DOS passport data into the E-Verify employment authorization program.

Before this joint effort, foreign born citizens were receiving far more mismatches (otherwise known as tentative non-confirmations) than U.S. born citizens. Those who received TNCs had to physically visit a Social Security Administration (SSA) office in order to attempt to resolve the issue. Before this enhancement, receiving a mismatch was a scary and tiresome burden to overcome.

However, now, if the Department of Homeland Security (DHS) or the SSA is unable to immediately confirm a citizen’s work eligibility, the USCIS can check DOS passport records prior to issuing a TNC. Accordingly, if citizenship information provided on Form I-9 matches those records, E-Verify will then confirm the individual’s work authorization. Additionally, for those foreign born U.S. citizens who receive TNCs, they may now sort the issue out over the telephone with the USCIS rather than physically entering a SSA office.

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The Department of State has released its latest Visa Bulletin. The April 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 April 2009 Visa Bulletin.

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The California Service Center (CSC) has issued a statement regarding what type of documentation is sufficient proof that an H-1B beneficiary has completed the requisite degree requirements for the specialty occupation. The documentation that may be submitted to satisfy the degree requirements includes: (1) a final transcript; (2) a letter from the Registrar; or (3) a letter executed by the person in charge of the records of the educational institution where the degree was awarded. Additionally, if option three is utilized, proof must be provided that the person is authorized to issue such letters.

It is recommended that these documents are provided in the initial H-1B visa filing in order to avoid an RFE or possible outright denial.

If you have any questions regarding the H-1B visa process, please contact our office.

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The Department of Labor (DOL) determined that the Department of Veteran’s Affairs (VA) failed to pay the prevailing wage to eleven alien physicians employed by VA hospitals pursuant to the H-1B visa program.

The H-1B is an employment based nonimmigrant visa that enables United States employers to seek highly skilled foreigner workers from around the world to increase productivity and develop new innovations within their fields. The system was designed to protect both U.S. and foreign workers by: (1) including labor certifications and attestations; (2) implementing costly filing fees; (3) requiring extensive background documentation/proof; and (4) conducting on-site employer investigations and continuous oversight by several federal agencies. Specifically, the program requires that a U.S. employer using the program guarantee that the alien will be paid the prevailing wage or higher for the specialty occupation, and that the foreign professional will not adversely affect the working conditions of U.S. workers.

Unfortunately in this case, several of the alien physicians filed administrative complaints asserting that the hospitals had failed to pay them the prevailing wage for their occupation. The DOL Administrative Review Board ruled in favor of the complainants’ and ordered the VA to pay approximately $230,000 in back wages.

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The Administrative Appeals Office (AAO) recently withdrew the decision of the Director, Texas Service Center (TSC) and approved the immigrant petition.

The Petitioner provides health care services. The Petitioner sought to employ the beneficiary permanently in the position of Family Practice Physician. The position on ETA Form 9089 listed the educational requirements for the position as “M.D.” which stands for “Doctor of Medicine.” The pertinent regulation states: “A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States (U.S.) doctorate or a foreign equivalent degree.” The beneficiary possesses a foreign five-year Bachelor of Medicine & Bachelor of Surgery (MBBS) degree from Islamia University Bahawalpur in Pakistan. Additionally the beneficiary possesses a Mississippi State Board of Licensure valid until June 30, 2009. Upon review of the petition, the director determined that the beneficiary did not qualify for classification as a member of the professions holding an advanced degree or satisfy the minimum level of education stated on Form ETA 9089. Specifically, the director determined that the beneficiary did not possess a U.S. “Medical degree” or foreign educational equivalent. Subsequently, the employment based visa immigrant petition was denied by the Director of the TSC.

The issue on appeal is whether the petitioner has demonstrated that the beneficiary qualifies for immigrant classification as an advanced degree professional pursuant to the regulations.

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The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools .

The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. At the interview, the student must have Form I-20, proof of payment of Form I-901, financial support documentation, and a completed visa application. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

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H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2009 for Fiscal Year 2010, which begins on October 1, 2009 and ends September 30, 2010. In recent years, the H-1B cap has been exceeded on the first day, April 1st.

H-1B nonimmigrant visas are for professional foreign workers with a U.S. bachelor’s degree or its foreign equivalent. Congress allows 65,000 visas to be issued annually to qualifying foreign workers. An additional 20,000 H-1Bs are reserved for professional foreign workers who receive U.S. Master’s degrees. Employers petition the United States Citizenship and Immigration Services (USCIS) on behalf of the professional foreign worker beginning six months prior to the beginning of the upcoming fiscal year. Frequently, employers interested in utilizing the H-1B visa program contact an experienced Immigration Business Lawyer for a consultation about the process, determine eligibility, discuss applicable lawyer’s fees and filing fees, and so forth.

If your company is interested in a consultation about this process, PLEASE CONTACT OUR OFFICE IMMEDIATELY!

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