Employment-based visas

May 28, 2010

H-1B Quota Count: Advice for F-1 Students When OPT Expires

USCIS updated the H-1B quota numbers again last week. Approximately 19,600 applications have been been received for the regular cap and approximately 8,200 have been received for the “master’s degree” or “advanced degree” cap.

The increase of 700 applications overall, in the past week shows that it’s still anyone’s game at this point. If you are a recent graduate and are hoping to find that job before your OPT expires, keep looking and keep in touch with Romben Law, APC. I have counseled many F-1 students here currently on OPT and they are awaiting job offers and we are ready to begin H-1B applications just as soon as the right job offer comes along…

It is anticipated that the H-1B season will last for months to come. Even if you are running out of OPT time and considering returning home, you should think about consulting with Romben Law, APC before you leave so that if and when a job offer can be made, you can be sure that you have counsel who knows you and your qualifications and is ready to work with your US employer. It’s not at all uncommon that attorneys at Romben Law, APC represent clients who are outside of the US at the time of their application. If you are leaving the country to avoid unlawful presence, but to keep all your options open for returning with work status, you want an advocate on your side before you leave the country. —ecf

May 22, 2010

H-1B Quota – Are You Sure Your Case Will be Successful?

by Romben Law, APC

As promised, here is yet another update on the H-1B quota. On May 14, 2010, USCIS confirmed that approximately 19,000 H-1B applications have been received, and that approximately 8,100 applications were received for the advanced degree quota.

If you were reading this blog on May 11, 2010, you would have seen that I reported USCIS’ most recent count as of that date: 18,000 regular applications and 7,600 applications toward the advanced degree quota.

So the numbers are creeping upwards but if you look at how the numbers progressed last season, we may see these numbers go upwards and then back again. This is when denied H-1B cases are accounted for and subtracted from the total number of applications pending.

May 11, 2010

H-1B Quota Update: May 11, 2010

by Romben Law, APC

Just today, USICS released information stating that about 18,000 H-1B applications were received. Also, USCIS has announced that 7,600 H-1B petitions were received for the advanced degree quota.

For those of you keeping track of the H-2B quota, about 65,307 of the 66,000 allocated for this fiscal year have been approved.

Looks like time is running thin for H-2B applicants but that H-1Bs are still available. Call or email us at Romben Law, APC if you are considering applications for H-2B or H-1B. –ecf

May 1, 2010

H-1B Quota 2010

by Romben Law, APC

The H-1B quota. “When will the quota close?” “How long do you think before the H-1B cap is reached?” These are the questions I’ve fielded for years while professional workers scrambled for jobs or while their employers are completing their forms. The USCIS has announced only receiving slightly more than 16,025 applications for the H-1B quota, which cannot exceed 65,000 approved H-1B petitions per year.

As for the US advanced degree H-1B quota, only 6,739 have been received by USCIS. There is a total of 20,000 additional H-1Bs allotted towards H-1B applicants who earned advanced degrees in the US.

The low rate of applications this year is clearly an indication of the poor job market but those who have specialized skills are still of benefit to US employers, who need more than ever, employees who can contribute their skills to build and create continued business in the US. Call Romben Law, APC if you are interested in the H-1B program. —ecf

April 26, 2010

Religious Organizations’ Notification Requirements

by Romben Law, APC

According to CFR 214.2(r)(14), petitioners of religious workers are now required to submit a notification to USCIS when their beneficiary works less than 20 hours a week or employment is terminated before the expiration of the R-1 visa. This notification must be emailed (CSCR-1EarlyTerminationNotif@dhs.gov) or mailed to USCIS (California Service Center, Attn:X/BCU ACD, P.O. Box 30050, Laguna Niguel, CA 92607-3004) within 14 days upon the occurrence of either of the above events.

The notification must consist of:

1. reason for the notification and/or its delay 2. an approved, R-1 receipt number provided by USCIS 3. Petitioner’s address, including name, address, telephone number, and employer’s identification number (FEIN), and 4. R-1 beneficiary’s information, including name, birthdate, country of birth, last known address, and phone number.

March 3, 2010

Job Creation – Opportunities for Foreign Investors

by Romben Law, APC

When the Senate advanced the job-creation bill last week, employers were given the signal that hiring tax incentives are on the horizon. Perhaps in a nod to the Administration’s No. 1 priority of creating jobs for unemployed Americans, the USCIS has just announced a forum on the EB-5 immigrant investor program. In the last year, and as recently as December 2009, the USCIS issued updated guidance on I-526 and I-829 filings so that USCIS adjudications could make decisions with clarity and consistency, allowing investors to make job creation through the EB-5 program a reality soon as possible. These are all indications that this is the time for foreign investors to again bring private enterprise to our great nation.

The upcoming USCIS EB-5 forum is only open to attorneys representing these so-called “million dollar investors.” Romben Law, APC attorneys will be in attendance and ready to present concerns facing our clients as well as potential issues for those investors considering the EB-5 program.

It is true that the EB-5 investors greencard process is often called “hypertechnical,” and has in the past been plagued by administrative delay and inconsistent treatment. But I believe that the view of recent USCIS’ actions, the agency is acknowledging just how critical the EB-5 investors program is to our nation’s economic recovery. For each EB-5 investment, 10 full-time jobs must be created, and that means 10 more working Americans. Call Romben Law, APC if you would like to discuss how you can start investing in America. —ecf

February 27, 2010

Earthquake in Chile; Tsunami Threats Worldwide

by Romben Law, APC

Chile: an 8.8 magnitude earthquake hit Chile today. Lasting 90 seconds it was 500x more powerful than the one that shook Haiti. Tsunami warnings and alerts are now in place from South America to Asia and throughout the Pacific. Evacuations have already begun in Hawai’i. Romben Law, APC sends a message of hope and support to our Chilean clients who may have relatives or loved ones in the country.

Like Haitians present in the United States after the devastating earthquake in their home country, Chileans in the United States may soon be eligible for “Temporary Protected Status” or “TPS” if Congress designates Chile as a country where nationals cannot return safely because of dire conditions impacting the country. Haiti was designated a TPS country on January 21, 2010, only nine days after the January 12 earthquake.

Travel back to Chile may be impossible for quite some time, however those who have H-1B1 or other temporary visas, and who want to travel to the country in the weeks to come should review the Department of State website for all warnings on travel conditions.

February 17, 2010

FY 2010 H-1B Season: Issues on the Horizon

by Romben Law, APC

The H-1B season begins on April 1, 2010. The attorneys at Romben Law, APC have been fielding phone calls and queries about filing new H-1B petitions. With relatively new changes in place for processing labor condition applications (LCA) this new process has caused such delay that even the USCIS ombudsman has called for some leniency in accepting cases with no certified LCA.

Based on last H-1B season, employer’s tax returns, payroll records and other indicators of viability are now highly scrutinized. Applicants should also be prepared for the USCIS to review all of their previous immigration history, and of course their qualifications for the job. If you have questions about the H-1B process and how you can best prepare your application, contact Romben Law, APC. —ecf

February 11, 2010

Immigration Reform Bill Introduced in Congress

by Romben Law, APC

As immigration attorneys with very strong roots in the immigrant communities of Los Angeles, the lawyers at Romben Law, APC stay current on legislative developments that could affect our clients and their families. On 15 December 2009, over ninety House Democrats unveiled a comprehensive immigration reform bill. The bill is called the Comprehensive Immigration Reform for America’s Security and Prosperity Act of 2009 (CIR-ASAP).

President Obama has said there should be comprehensive immigration reform. The bill includes an “earned” legalization program. The program as currently proposed would allow undocumented people in the USA as of 15 December 2009 to apply for legalization. There would be special, more lenient rules for young persons. Many people want to call this an “amnesty,” but it is important to see all the details about the program before getting too excited.

There are other provisions for “visa recapture” to reduce waiting times and backlogs. This bill would also put a new employment-eligibility-verification system into place. There would be harsh penalties for hiring unauthorized workers.

February 8, 2010

The USA is Bigger…

by Romben Law, APC

All immigration law attorneys must deal with foreign countries, unique international legal issues, and some quaint interpretations of law. The lawyers at Los Angeles’ Romben Law, APC are no exception, and in fact, this recent change affects some of our clients who do business in or own businesses in the Commonwealth of the Northern Mariana Islands (CNMI).

On 28 November 2008, “the United States” as defined for purposes of the Immigration & Nationality Act (INA) just got bigger, with the addition of the Commonwealth of the Northern Mariana Islands. Although there are probably wrinkles I have not yet read in the treaty, this essentially puts the CNMI on the same footing as Puerto Rico. Here’s the cute part:

Because the CNMI will become part of the “United States” as defined by §101(a)(38) of the INA, “residence or presence in the CNMI before 28 November 2009 shall NOT be considered residence or physical presence within the USA for INA purposes. Thus, on 29 November 2009, all persons physically present in the CNMI are considered “to be present in the United States without inspection, by operation of law.”