The Department of State has released its latest Visa Bulletin.
Click here to view the December 2010 Visa Bulletin.
The December 2010 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.
MVP “Q & A Forum” – This Friday, November 19th, 2010
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of November 1, 2010.
If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
Even though the District of Columbia legalized same sex marriage earlier this year, the federal government doesn’t recognize the marriages and therefore same sex couples do not receive the same benefits as heterosexual couples. Erwin de Leon and Rev. John Beddingfield are just one of the many couples in the District who experience limitations. Leon is an immigrant from the Philippines on a student visa that expires next year and because he and Beddingfield do not receive the same immigration benefits as heterosexual couples, he can not apply to become a U.S. citizen. According to a census taken by the UCLA’s Williams Institute, there are an “estimated 25,000 same sex couples in the US that [have] one partner [that] is foreign born.” The introduction of Senators Leahy (D-VT) and Menendez (D-RI) Comprehensive Reform Act of 2010 may be the immigration reform needed because it encompasses the Uniting American Families Act (UAFA) which would grant citizenship to same-sex couples.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the H-1B quota still open?
After statements made by immigration officers were released, that claimed there is an increasing amount of pressure on employees of US Citizenship and Immigration Service (USCIS) to approve more visas even when there is suspicion of fraud, Senator Chuck Grassley (R-IA ) asked the Secretary of Homeland Security and the Inspector General on October 15 to investigate. Agency insiders have continued to come forward and provide evidence that suggests USCIS Director Alejandro Mayorkas is responsible for the encouragement to approve as many visas as possible in the California Service Center. Senator Grassley first began looking into USCIS’s practices when accusations arose that supervisors told employees “to find a way” to approve applications. Grassley says his main concern and reason behind brining this issue to attention is to ensure that, “the rule of law isn’t being undermined by political leaders.”
The American Immigration Lawyers Association (AILA) writer David Leopold posted an article on AILA’s blog October 18th in response to Senator Grassley’s proposal for investigation into UCIS’s practices. Leopold argues against the legitimacy of Grassley’s information, citing the fact that the allegations have only been brought by a small group of insiders. Leopold offers a solution to Grassley’s upset, suggesting he submit his own petition to USCIS in order to get a better picture of USCIS’s visa approval procedures. According to Leopold, what Grassley fails to understand about USCIS’s policy of “finding a way” is that the USCIS officers must find the applicant eligible by a “preponderance of evidence.” The applicants must be able to prove the warranting of a visa. He goes on further to say USCIS is in reality far stricter on applicants than Grassley is aware of, he mentions the denial of many visa applicants as a result of flawed assessment by USCIS officers.
MVP “Q & A Forum” – This Friday, November 5th, 2010
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced The Comprehensive Immigration Reform Act of 2010 into the Senate on September 29. This bill is the first comprehensive immigration bill that has been introduce in the Senate since 2007. It also combines key Democratic and Republic viewpoints and elements. Menendez and Leahy’s legislation proposes enhanced border security, mandatory employee verification, revisions to visa systems, a legalization plan for undocumented individuals in the US, and harsher penalties for illegal immigration.
To improve the security at our borders it specifically calls for improved training and more accountability for border/immigration officers, further cooperation with Canada and Mexico to improve border security, and reiterates that immigration power solely resides with the federal government. If passed, visa waiver privileges would be denied to certain countries, the waiting period would stop for refugees/asylees trying to obtain a green card, as well as increased penalties for immigration and visa fraud. Social Security cards would become “tamper-resistant” under the new bill to prevent fraud and the Social Security Administration (SSA) would be required to design a new more secure way of verifying social security numbers. Labor protections would also be expanded under H-2A, H-2B, H-1B, and L-1 visas in addition to preventing the expiration of green cards due to processing delays and establishment of certain exemptions from the quotas. A Lawful Prospective Immigrant (LPI) status for undocumented immigrants with no criminal background would be put into effect and it entails submission of data, security checks, and a $500 application fee for the LPI status of four years. Additionally, the Comprehensive Immigration Reform Act of 2010 would include the DREAM Act and institute programs to help immigrants learn English and US civics. Click here to read the full text of the bill or to find out more information.
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on October 14, 2010 with processing dates as of August 31, 2010.
If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.
The Department of State has released its latest Visa Bulletin.
Click here to view the November 2010 Visa Bulletin.
The November 2010 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.
H1B Visa Lawyer Blog