Employment-based visas

August 11, 2009

H-1B Quota Update on the Numbers – Quota Still Open – Reprise

Breaking news. Just posted today are the H-1B quota numbers. It is the same as my previous posts. Cap count is approximately 44,900. Roughly two weeks ago, USCIS reported the cap count was approximately 44,900. So no difference in the quota count to report.

USCIS is still accepting regular H-1B cap cases. USCIS is still accepting US Master’s degree H-1B cases, also known as advanced degree cap cases. Nothing much new here. But check back in a couple of weeks. In the meantime, we’ll continue to post other topics of immigration interest and intrigue! —ecf

July 25, 2009

H-1B Quota Update on the Numbers – Quota Still Open!

by Romben Law, APC

The H-1B quota has been hovering around the 45,000 mark since April when the H-1B filing period first opened. I have been giving updates every few weeks when the USCIS releases new counts on the number of H-1B cap-subject petitions that have been filed.

We have watched the FY 2010 H-1B numbers yo-yo back and forth from 44,400, 44,900 and 45,000 since June 12, 2009 to present. On July 10, the USCIS announced that it had received approximately 44,900 petitions, about 100 less than the approximately 45,000 reported received on July 3.

What is the reason for the up and down in numbers? Denials, lay offs, less jobs being offered. Sometimes, cases aren’t filed properly, something as simple as a typo on the filing check can result in a rejection, though not a denial. Those types of cases can be re-filed, assuming that the quota is still open as it remains today.

July 23, 2009

Religious Workers Premium Processing Available

by Romben Law, APC

Premium processing is now available again for religious worker petitions. After a long hiatus which caused many delays in religious worker processing, the USCIS is once again accepting premium processing (Form I-907) on R-1 petitions for religious workers, ordained ministers, nuns, monks, priests, religious education teachers, cantors, etc.

The premium processing service in which employers or workers will get a response in 15 calendar days is however, only available to religious organizations that have already passed a site visit or Benefit Fraud Assessment (BFA) by the USCIS Office of Fraud Detection and National Security.

The availability of the premium processing service will alleviate the long waiting times and delays caused by the new regulations in procedures for bringing in R-1 workers. Wait times for an I-129R adjudication without premium processing can be months. However, religious organizations which have already attained a positive BFA can utilize the premium processing service and avoid those costly delays. If you or your employer are awaiting a BFA or are awaiting the results of a site visit, you can call Romben Law, APC to see if there is any way to take advantage of the premium processing service or request that the final results of the BFA be issued without further delay. —ecf

July 1, 2009

Trying to Save the EB-5 Employment Creation Visa

by Romben Law, APC

Because we are a law firm devoted exclusively to the practice of immigration law, Romben Law, APC of Los Angeles gets calls frequently about the so-called “millionaire green card.” The more accurate name for this would be the EB-5 Employment Creation Immigrant Visa, or just “EB-5.” This sometimes controversial visa provides for conditional legal permanent resident status for persons who, after November 1990, invest $1 million (or in some cases $500,000) in a new business that employs ten US citizens (or certain other authorized workers) full-time and engage in that business through day-to-day management.

There has been much criticism of the EB-5 visa; however, US Citizenship and Immigration Services (USCIS) officials declared in February 2009 their firm commitment to the success of the EB-5 program, acknowledging the value of the program to the US economy. The USCIS Ombudsman’s office has made the following recommendations for the EB-5 program:

1. Quickly finalize the Special Legislative Regulations, to alleviate the so-called “stuck” EB-5 investors who have been in limbo since 1995. Improperly documented cases can drag on for years.

July 1, 2009

Immigration Crackdown at Work Places

by Romben Law, APC

A recent story by Associated Press reports that Immigration and Customs Enforcement (ICE) has begun a crackdown in all states, checking employers large and small to verify that employees are legally authorized to work. Romben Law, APC in Los Angeles represents companies as well as individuals.

Most employers and even some individuals are required to maintain Form I-9 Employment Eligibility Verification on all regular employees. If a company does not maintain its I-9s properly, the company can be fined. If a company is in doubt about whether its I-9s are properly completed and maintained, the company should contact reliable immigration law counsel to arrange for a review of the files. –jcf

June 27, 2009

Michael Jackson’s Concerts in Britain

by Romben Law, APC

Romben Law, APC in Los Angeles has received several calls about artists who have been involved in the preparations for the series of Michael Jackson concerts which were scheduled to take place in London beginning this summer. The performer’s recent death has thrown arrangements for those concerts into chaos.

Although the Jackson concerts were to take place in the United Kingdom, extensive preparations were taking place both in the UK and in the United States. In preparation for any big rehearsal, event, performance, or concert, teams of make-up artists, costume designers, hair stylists, choreographers, dancers, back-up vocalists, special effects personnel, music arrangers, musicians, lighting engineers, etc. etc. come together to create the shows that so many enjoy. The number of people involved with a complex series of high-tech, music and dance spectaculars can be upwards of 50 -100 people, not all of them American.

Renowned performers and artists can qualify for the O-1 visa (“extraordinary ability in the sciences, arts, education, business, or athletics) to enter the USA. However, when something catastrophic happens — like the death of a performer — the performance or concert on which the O-1 visa is based is cancelled, the performer or artist risks falling out of legal immigration status.

June 26, 2009

Update on Immigration Reform: 26 June 2009

by Romben Law, APC

With the passing of Farrah Fawcett and Michael Jackson yesterday, the news about the “launch” of the immigration reform policy discussion passed under the radar for most people. As immigration attorneys in Los Angeles, Romben Law, APC advocates for a comprehensive overhaul of the immigration system in the USA.

The President, Vice President, and pivotal cabinet members met with members of Congress from both parties to discuss the timing for and shape of a Comprehensive Immigration Reform (CIR) bill expected to be introduced before the end of 2009.

Department of Homeland Security Secretary Janet Napolitano will be in charge of evaluating the proposed bill.

June 14, 2009

July 2009 Visa Bulletin Reflects Grim News for Employment-Based Applications

by Romben Law, APC

Those who are patiently awaiting their EB-3 and EB-2 petitions to become current probably check the Department of State’s website every month for the newest visa bulletin. Many of you have probably been in the processing queue for several years, are on AC-21 extensions of your H-1B, or are relying on your work permits (EADs), and EAD renewals year after to year so you can keep working legally while you await your “greencard.” Some of you are facing situations where your children face “age out” issues and even more of you are awaiting permanent residency so you can then travel legally to visit relatives in your home country. Some may waiting abroad. Nonetheless, you are all waiting and waiting…

The July 2009 visa bulletin released by the US Department of State confirms what we already know – that waiting times are painfully long and slow. But an announcement by the US Department of State’s Visa Office to the American Immigration Lawyers Association (AILA), confirms what we have dreaded along: that the situation is “dire” and will amount to extended delays beyond what you have already endured.

The Visa Office has already indicated that the worldwide cutoff date for EB-3 will be set on or around March 1, 2003. With any luck, we may see quick advances in that category near the beginning of 2010, but I’m not counting on it.

June 12, 2009

H-1B Quota Filings Going Down; Cap Not Yet Reached; USCIS Issuing Denials

by Romben Law, APC

Since April, I have been keeping track of the FY 2010 H-1B quota cap. I’ve posted each of the USCIS updates on the FY 2010 H-1B count and today’s update confirms that the H-1B quota is still open. Many of us expected that as in years past, the H-1B quota would be reached on April 1, which the first date that H-1B petitions are received. If not the first day, then within the first week of April. And if not by then, certainly by the summer months. We were all wrong.

Perhaps it should not be much of a surprise that with unemployment rates at an all-time high, the often-coveted H-1B visa for professional, skilled workers is still available today. USCIS reported today that about 44,400 H-1B applications have been filed to date. And as I have been reporting, USCIS has and will continue to make allocations for accepting more than enough applications because the agency has repeatedly reminded the public that many H-1B petitions will be denied.

Today’s H-1B update confirms just that: lots of denials.

June 11, 2009

Religious Workers Order: Concurrent Filing to be Accepted by USCIS

by Romben Law, APC

In a groundbreaking order, a United States District Court ordered the USCIS to begin accepting concurrent filings of the Form I-360 (Petition for Special Immigrant) and Form I-485 (Application for Adjustment of Status) on behalf of religious workers.

For years, the USCIS has treated petitions for permanent residency by religious workers differently than all other categories of employment-sponsored immigrants. Asserting that religious workers and religious organizations are more prone to submit fraudulent petitions than in other employment -based cases, this USCIS rationale for refusing to accept concurrent filings was struck down in no uncertain terms. The Court cited that the preliminary injunction staying unlawful presence by religious workers was issued as a means of “avoiding or ameliorating the injuries that arose from enforcement of the invalid regulation.”

This is a great step forward to religious workers who provide ministerial services and spiritual services to followers of all faiths through this great nation that has honored religious freedom from its inception. Rather than treat servants of faith differently, disparately, and with denigration, Judge Robert S. Lasnik of the Western District of Washington directed the USCIS to begin accepting concurrently filed I-360 and I-485 applications. The order also directed USCIS to accept I-485 applications from those applications with I-360s pending.