Workers (H, L, R, O, P)

February 27, 2010

Earthquake in Chile; Tsunami Threats Worldwide

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

December 20, 2009

HIV Ban Lifted

by Romben Law, APC

Beginning January 4, 2010, applicants for visas or greencards will no longer be considered inadmissible for being HIV positive. Early last month, the Health and Human Services Department (HHS) removed HIV (human immunodeficiency virus) from the definition of a “communicable disease of public health significance.”

This marks a major success by immigration advocates like Romben Law, APC and HIV/AIDS health advocates. J Craig Fong (Retired from the practice of law) was cited in a recent Los Angeles Times article as one of the few immigration attorneys in the nation who work with HIV positive immigrants and who has been extremely successful in HIV waiver applications with the USCIS to overcome this ban.

Romben Law, APC applauds the Centers for Disease Control, the HHS, and USCIS in recognizing that the ban against nonimmigrant visa and permanent residency applications by HIV positive individuals was wrong. –ecf

December 15, 2009

H-1B Quota: This is It.

by Romben Law, APC

No, not the Michael Jackson, This is It. This is it for FY 2009 H-1B season. USCIS states that as of December 15, approximately 64,200 cases have been filed. That leaves about 800 slots left for H-1B applicants and perhaps several hundred on top of that since USCIS will need to account for potential denials or revocations of previously filed H-1B applications.

Back on April 1, 2009, a lot of speculation was made about how fast or slowly the H-1B quota would fill. Predictions from one day to 6 months were made. But it looks a lot clearer now… by Christmas or maybe, by the New Year. There really is no way to tell. Practitioners who focus on H-1B work like me, know that odds look dim for someone seeking a new H-1B and who hasn’t started the process yet. Issues of delayed LCAs (labor condition applications) and employer FEIN (federal employer ID numbers) are wreaking havoc on how quickly anyone can prepare a new application to get in on this year’s quota.

If you have not been able to file an H-1B yet. Call us about planning your case for April 1, 2010. It’s never too early, but it can be too late. —ecf

November 9, 2009

H-1B Quota: Advanced Degree Cap is Full

by Romben Law, APC

The H-1B quota is slowing reaching its limit. The so-called advanced degree cap is now full and approximately 53,800 cases have been counted against the 65,000 allocated to the regular cap. USCIS has advised that those wishing to be counted against this year’s cap should submit their applications as soon as possible.

A lot has been said about how much longer the H-1B quota has lasted this year. There’s a been a lot of speculation about the reasons why the quota is still open. It’s pretty obvious that the economic situation has led to a reduced number of filings, but less people talk about the other reason. USCIS is generally pretty skeptical about the H-1B program, believing that many candidates for H-1B are filing marginal cases. This has increased the number of requests for evidence that USCIS has issued this season as well.

While the open cap provides an opportunity for a late-season submission, H-1B applicants and their employers should be well aware of the scrutiny they may have to endure. Working with advocates like the attorneys at Romben Law, APC will ensure that you have a candid opinion before you make the decision to file an H-1B and how you can make a difference in your chances by simply being educated about the H-1B process.

October 8, 2009

PERM Delays: Audits and Backlogs

by Romben Law, APC

PERM cases are backlogged now to December 2008. So if you have a PERM case pending that was submitted more than a year ago, DOL may entertain an email inquiry from you. But if your case was submitted in October 2008 or after, you still have a long wait ahead of you and yes, DOL does not want to hear from you at all…

USDOL reports that they have approximately 65,800 cases in the processing queue for PERM. This number also includes cases that are on appeal. Of these cases, approximately 24,600 or about 37% of the cases were issued audits.

For people waiting for final adjudication after submitting an audit response, DOL informs us that they are still working on audited cases from October 2007!

October 2, 2009

H-1B Quota, Fraud Detection, On-site interviews

by Romben Law, APC

The H-1B quota has now reached approximately 46,700 and although the USCIS has announced that they’ve received approximately 20,000 advanced degree applications, it still continues to accept advanced degree cases.

I have been fielding a lot of questions about whether a person is still “in H-1B status” even if they are no longer working for the employer who sponsored them. Simply put, the answer is “no.” When H-1B workers are petitioned for by a specific employer, not only are they expected to work for that employer only (unless they have a concurrently approved H-1B for a separate employer), but they must always comply with the original terms of the H-1B petition. Any changes considered to be material to the employment must be reported to the US Department of Labor and possibly to the USCIS.

Further, H-1B employees are considered to be out of status if they lose their jobs or quit working for the H-1B sponsor. And as of late, the USCIS has been conducting random on-site visits to H-1B employers, interviewing the foreign worker(s), HR or the company owner, as well as verifying the terms and conditions of their work.

August 19, 2009

H-1B Quota Newest Update August 14, 2009

by Romben Law, APC

H-1B quota update…what’s going on with the H-1B cap? Just updated today, the USCIS now reports that as of August 14, 2009, about 45,000 cap-subject cases have been received. So that’s about 100 more than what USCIS reported a week ago.

Based on what USCIS has reported in the last 4 months, this seems to be a pattern. Up by 100, down by 100. Whatever the reason, H-1B season remains open! At some point, cases already counted in the queue can also be denied, so that might keep the quota open longer.

As for the advanced degree cap, commonly called the “advanced degree quota,” USCIS tells us in their most recent H-1B quota update that they have collected approximately 20,000 applications. However, the USCIS reports that they will still continue to accept master’s (advanced) degree cases until the quota has been filled.

August 18, 2009

Religious Workers Should File Adjustments by August 31, 2009

by Romben Law, APC

As a direct result of the Ruiz-Diaz religious worker litigation, the USCIS announced this week that religious workers should file their I-485 applications for adjustment of status by the end of this month.

The USCIS issued this statement to remind religious workers to file for adjustment of status if they have pending or approved I-360s. The reason for this comes from the fact that the employment-based fourth preference category will become unavailable beginning September 1, 2009. The USCIS will only accept adjustment of status applications from those ministers or non-minister religious workers if they have a pending or approved I-360.

Filing an adjustment of status application will toll or protect the worker from accruing unlawful presence. Religious workers or religious organizations that have questions regarding this should call Romben Law, APC as soon as possible to ensure that they protect their workers and/or their organization from employer sanctions or other immigration penalties. –ecf

August 11, 2009

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

by Romben Law, APC

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