Immigration News

April 8, 2011

What Happens If The Government Shuts Down?

The following information has been provided by AILA, the American Immigration Lawyers Association.

As Congress continues its budgetary deadlock, the possibility of a government shutdown looms larger by the minute. If Congress is unable to reach accord on Friday, the government will close at midnight, Saturday April 9.

In general, if the government shuts down for budgetary reasons, all but “essential” government are furloughed and not allowed to work. So what does this mean for immigration agencies?

April 7, 2011

MD – PG County Public School System & H-1B Visa Program Violations

by Kellie N. Lego

Maryland’s Prince George’s County Public School System (PGCPS) was found to be in violation of the regulations governing the H-1B temporary foreign workers visa program after an investigation by the U.S. Department of Labor Wage and Hour Division.

The investigation in PGCPS’s practice of the H-1B program revealed 1,044 teachers hired under the program had their wages illegally reduced. Under the H-1B program foreign professionals are hired to work in the U.S. temporarily; however, they must be paid at the same wage level or higher and be given the same benefits as U.S. workers doing a similar job in the same area. The violations amount to $1,740,000.00 in civil damages and PGCPS may be prohibited from filing new H-1B petitions, extensions or requests for permanent residency. The fees employers are suppose to pay for hiring workers under the H-1B program were not paid by PGCPS and instead the school system mandated the fees to be paid by teachers themselves. These fees are the reason why the teachers earnings fell below the level required by the regulations under the H-1B visa program.

April 6, 2011

Immigration in 2011 – Part 6 of 10, Limiting the Opportunity for a Fair Hearing and Due Process

by Kellie N. Lego

Sixth part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for in Immigration in 2011.”

Topic #6: Limiting the Opportunity for a Fair Hearing and Due Process

One of the most basic and fundamental rights we as citizens have been afforded is access to the court system and equal judgment under the law. In the immigration system, the idea of due process and the right to a fair trial have been disregarded.

April 5, 2011

Administrative Appeals Office Processing Times

by Kellie N. Lego

The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of April 1, 2011.

If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

April 1, 2011

MVP LAW GROUP – Immigration Q&A Forum, Friday, April 1, 2011

by Kellie N. Lego

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 – Employment Based Immigration – Green Card

If my priority date is June 2008 under the EB-3 category and my H-1B visa will expire in October 2012 (using up my 6 years), should I move to a different company so I can re-file my green card application under EB-2? Or should I wait until I renew my H-1B until 2012 before moving?

March 31, 2011

USCIS will begin to accept H1B Petitions for FY2012 on April 1, 2011

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) will begin to accept H-1B petitions for the FY 2012 cap on April 1, 2011 for employment beginning on October 1, 2011 . Cases are considered accepted on the date USCIS receives a complete application with the fee enclosed, not on the postmarked date.

H-1B nonimmigrant visas are for professional foreign workers with a U.S. bachelor’s degree or its foreign equivalent. Congress allows 65,000 visas to be issued annually to qualifying foreign workers. An additional 20,000 H-1Bs are reserved for professional foreign workers who receive U.S. Master’s degrees. Frequently, employers interested in utilizing the H-1B visa program contact an experienced Immigration Lawyer for a consultation about the process, determine eligibility, discuss applicable lawyer’s fees and filing fees, and so forth.

If an individual works at any of the below entities, their H-1B petition will be considered EXEMPT from the CAP:

March 30, 2011

Immigration in 2011 – Part 5 of 10, Punitive Enforcement Approaches

by Kellie N. Lego

Fifth part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for in Immigration in 2011.”

Topic #5: Punitive Enforcement Approaches

In the 112th Congress violations of immigration laws are expected to have stricter penalties and further legislation is likely to be proposed in connection to the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) that was passed in 1996.

March 29, 2011

ICE Secure Communities Program in Maryland Counties

by Kellie N. Lego

The U.S. Immigration and Customs Enforcement (ICE) program “Secure Communities” was activated in the following counties as of March 22, 2011: Calvert, Cecil, Charles, Harford and Howard County. Currently, all counties in Maryland use the program except Allegany, Garrett, Washington, Montgomery, Wicomico and Baltimore City.

The implementation of Secure Communities into these counties means that individuals arrested and fingerprinted by the police will also have their fingerprints cross-checked against those stored in the Department of Homeland Security’s (DHS) database. If an individual who was arrested in one of the previously mentioned counties is discovered to be in the United States illegally, deportation proceedings will begin immediately.

Statistics complied on the Secure Communities program reveal that individuals who were arrested and later deported because they did not have lawful status had no previous criminal convictions.

March 28, 2011

REMINDER – Submit Your Questions

by Kellie N. Lego

MVP “Immigration Q & A Forum” – This Friday, April 1st, 2011

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, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

March 23, 2011

Immigration in 2011 – Part 4 of 10, State and Local Authority to Enforce Immigration Law

by Kellie N. Lego

Fourth part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for in Immigration in 2011.”

Topic #4: State and Local Authority to Enforce Immigration Law

The role state and local officials should play when enforcing immigration laws has been a heavily debated issue especially since the passing of Arizona’s SB 1070 law.