Articles Posted in Employment-based visas

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It’s H-1B season and the business immigration attorneys at Romben Law, APC are busy once again fielding phone calls and inquiries regarding employment-based visas, including those of L-1 and new company visas. In the past few years, the USCIS and US Department of Labor have suspected newer and small companies of fraud, especially within the immigration system. New procedures and increased scrutiny of employment-based cases have made H-1B petitions and H-1B visas especially more difficult to attain.

Handshake.pngToday’s Wall Street Journal ran a story about the very disturbing trend revealed by the Securities and Exchange Commission that small private companies are merging with public shell (dormant) companies instead of going through more rigorous methods of becoming public, avoiding initial public offerings. SEC Commissioner, Luis Aguilar announced that since January 2007, 600 of such “backdoor registrations” occurred and most notably, more than 150 of these occurred in and around China.

It’s no secret that the USCIS, as part of the US Department of Homeland Security (USDHS) is engaged in “national security, fraud detection and prevention.” The DHS now has an unit attached to it which investigates corporations suspected of defrauding the government specifically through the H-1B program and other visa categories. This has made adjudications of all H-1B applications much more difficult and I believe we will see strict review of all H-1B and work related applications. —ecf

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Crying joker card.pngH-1B season begins today – April 1, 2011. Like a cruel joke, the beginning of this year’s H-1B applications, H-1B quota, H-1B cap, fiscal year 2012 H-1B season, whatever you want to call it…starts today, April Fool’s Day!

Let’s review what the H-1B season means to those looking for a job and who hope to find a suitable employer to sponsor the H-1B application. (1) find a job (2) which requires a Bachelor’s degree (3) with a company that is well established (or decently so) and (4) is willing to pay the government filing fees!

These criteria make up the most basic of H-1B requirements. There are many cases which get filed for H-1B each year and get denied, even though they “meet” the initial criteria. I gave a talk last month to attorneys in the Los Angeles area regarding some of the things a seasoned immigration attorney can do to help their clients make good choices in searching for H-1B sponsors and/or in documenting a good H-1B case. I was able to show examples of cases where other attorneys had short-changed their clients by only submitting the basic requirements to USCIS. These cases, of course, resulted in denial. The business immigration attorneys at Romben Law, APC have been able to re-file and overcome such denials, but when you really understand how the cards can easily stack up against you in H-1B applications, you might be wise to start with a initial consultation at Romben Law, APC as soon as you have an employer lined up before you end up with a denial or notice of intent to deny from USCIS. —ecf

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Taiwan Flag.jpgThe immigration lawyers at Romben Law, APC in Los Angeles have recently learned that the United States’ American Institute in Taiwan (AIT) temporarily closed its visa section as of 18 March 2011, in order that personnel at AIT can assist US diplomatic staff in nearby Japan.

US-Taiwan diplomatic relations are unique, and there is no US Embassy in Taipei. The AIT oversees US interests in Taiwan, handles liaison with the Taipei government, and issues US visas.

For those who may have had immigrant and nonimmigrant visa interviews at AIT after 18 March 2011, AIT is instructing that you visit the AIT’s visa processing website to reschedule.

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The USCIS this week provided information on the types of immigration applications for Japanese nationals who are affected by disasters caused the earthquakes and tsunamis last week. In limited circumstances, the USCIS can expedite the processing of the following types of requests/cases:

  • requests for extensions or change of non-immigrant status even if the request is made after the applicant’s stay has expired
  • re-parole of individuals who have already been granted parole by USCIS
  • expedited processing of advanced paroles
  • expedited adjudication and approval for requests for off-campus employment in the case of F-1 students suffering economic hardship
  • expedited employment authorization

    • If you or someone you know is eligible for these services, please contact the attorneys at Romben Law, APC for assistance in making these applications to the USCIS. —ecf

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    Japan: an 8.9 earthquake has rocked Japan today, marking the most powerful earthquake in Japan’s recorded history. This quake is the fifth most powerful in the world since 1900, says the U.S. Geologic Survey. Tokyo reports massive aftershocks. Narita Airport, Sendai Airport remain closed, although Haneda Airport has reopened already. The immigration attorneys at Romben Law, APC who practice in business immigration, family-based immigration, removal defense and appellate work extend sympathy and concern to all our Japanese clients and those with family and friends abroad who are affected by this devastating disaster.

    Over the years, the immigration attorneys at Romben Law, APC have worked proudly in the Japanese immigrant community, having represented multinational executives and managers for some of Japan’s largest corporations, professors providing invaluable research and teaching in top U.S. universities, professional employees working in companies based in Little Tokyo and in Japanese American non-profit organizations, and of course, countless individuals and families of Japanese descent.

    With early reports of the death toll, the true damage the earthquake has caused remains unknown at this moment. We do know that this earthquake may cause tsunamis powerful enough to engulf or wash over small islands in the Pacific causing more damage and posing continued danger to those in the Pacific. For clients wishing to return to Japan in the weeks to come, please call the attorneys at Romben Law, APC for guidance on how to check the US Department of State for travel warnings and other restrictions. —ecf

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    Over the years, the business immigration attorneys at Romben Law, APC have reported on PERM processing times, which have varied at just several days to several weeks to over a year for initial adjudication. Currently, the Office of Foreign Labor Certification “OFLC” is reporting that initial adjudications are being completed in less than a month, which is a welcome relief for those on H-1B, H-1B1, TN, E-3 or other status where they may be running out of time to complete the labor certification process.

    In terms of an update, the OFLC released it’s annual performance report on FY2010 just this week. As many of you might know, the PERM application (Form ETA9089) is set to expire in June 2011, and the new form will be much longer and detailed (possibly 20 pages long as opposed to the current 10 pages). The annual report also makes this statement: “OFLC will apply stricter scrutiny to applications.” In addition, the Department of Labor also announced that they will propose that employers pay a user fee to fund the PERM, H-2A and H-2B programs. Many people seeking PERM have already dealt with issues of eligibility on those dreaded Request for Evidence (RFEs) for nonimmigrant statuses and now the hurdles to filing a successful PERM case have also increased. It is more important than ever to prepare your PERM case early with an experienced immigration attorney especially one who will take the time to explain what employers and applicants should expect throughout the pre-filing and adjudications period for PERM, because be it slow or fast, OFLC is implementing much stricter scrutiny on all applications. For a initial consultation on a PERM case, call the attorneys at Romben Law, APC. –ecf 577.jpg,

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    Clients who file their permanent residency applications through Romben Law, APC are always advised to use employment authorization and advance parole (often referred to as “travel permit”) documents with caution. As of February 11, 2011, USCIS has begun issuing employment authorization and advance parole documents in ONE SINGLE CARD, and as a result, the attorneys at Romben Law, APC are concerned that applicants for permanent residency do not utilize the card without a careful analysis of whether using the card might jeopardize their current status or prevent them from re-entering the US after traveling abroad!Screen shot 2011-02-15 at 12.59.51 PM.png

    For many applicants who are applying for greencards through employment, using an employment authorization card with a company other than the sponsoring employer can be a violation of the applicant’s current non-immigrant visa status. In some cases, this can result in a denial of the entire adjustment of status application!

    It is very common for some applicants to be granted the advance parole document by USCIS, although leaving the country, even with the advance parole in hand, could bar them from re-entering. This scenario is typical for those who face the 3 or 10 year bar because of unlawful presence. Please contact the attorneys at Romben Law, APC if you or someone you know is applying for permanent residency. —ecf

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    So the H-1B cap for FY 2011 was finally reached on January 26, 2011. Petitions delivered to a USCIS service center on the 26th, will undergo the H-1B lottery, and if you “win” a slot for the coveted last day to submit an H-1B for FY 2011, your case will go on towards adjudication. Petitions that do not get “chosen” through the lottery, will be returned, along with filing fee checks and all documentation.

    For the rest of you reading who are still looking for a job, or perhaps using your time on OPT which may expire in the next few months, the obvious question is “what next?” Aside from getting your petition ready for an April 1, 2011 filing (allowing an October 1, 2011 start date), the options care woefully limited.

    F-1 students with degrees in the so-called “STEM” majors (science, technology, engineering and medicine) can apply for an extended OPT period. Others may be out of luck if they can’t find a job offer that is H-1B eligible. Other than extending F-1 status by pursuing another degree or perhaps some type of certificate program in your major, some people will opt for a J-1 internship which allows professional graduates to work for up to 18 months in an internship program that is certified by USCIS through a J-1 sponsoring organization. Other options might be an O-1 if you are of extraordinary ability or perhaps you might be eligible for an investors visa if you are the entrepreneurial type. For more information on what your options might be, visit our website at www.jfonglaw.com and fill out an intake form so we can help you decide your next move. –ecf

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    I’ve been fielding a lot of calls for PERM lately. I’m not sure if it’s related to the fact that indications for the private sector and employment numbers are on the rise or if it’s the beginning of a new year and everyone wants to start their permanent residency applications, or just what.

    Either way, I wanted to summarize just what it takes to start and submit a successful PERM application. PERM, which is the formal name for the Department of Labor’s (DOL) foreign labor certification application, Form ETA 9089 – is a complicated process. Before an applicant even deals with the USCIS, an applicant’s employer must conduct a formal recruitment campaign, setting out advertisements for the employment opportunity and only after weeks of advertising plus a 30-day quiet period, can a PERM application be submitted. A useful overview of the entire process can be found at our website: www.jfonglaw.com
    In the meanwhile, a lot of things must be achieved during this time: DOL’s independent verification of the company’s existence, a prevailing wage determination also by DOL, and of course, meticulous documentation of the advertisings and recruitment results. If all goes well, a PERM applicant may see their application lodged with the DOL some 2-4 months after starting the process. Current processing times once a labor certification has been submitted are surprisingly short right now. Our office recently received a labor certification approval within 2.5 weeks of submission. And while I can’t ensure that this trend continues, it is a welcome surprise. I will explain the second and third stages to a PERM application in the next blog, so please check back in a couple of days. —ecf

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