Articles Posted in Immigration News

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MVP “Q & A Forum” – This Friday, October 15th, 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.

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On September 23, 2010 The U.S. Citizen and Immigration Services (USCIS) announced a final rule to adjust fees for immigration applications and petitions effective November 23. Due to USCIS’s large differential between costs and expected revenue, the final rule is necessary to bridge this gap. It will increase overall cost by an average of approximately 10 percent but doesn’t increase the cost for the naturalization application. With the USCIS being a primarily fee based organization it is required to conduct fee reviews every two years and the final rule wraps up the review that began in 2009.

Other new fees included in the final rule include: regional center designations under the Immigration Investor (EB-5) Pilot Program, civil surgeon designation, recovery of USCIS costs to process visas granted. Certain applications are also now applicable for fee reduction and new availability due to the final rule. Furthermore the final plan eliminates fees completely for armed forces members and veterans who wish to file an application for naturalization, application for certificates of citizenship, and requests for hearing on a decision in naturalization proceedings. Due the large amount of public remark over the final rule, the Department of Homeland Security (DHS) allowed for a 45 day comment period after its release and received 225 comments. For further information about the public comments or the details of the final rule visit USCIS and the Federal Registrar.

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After declining to hand over documents to investigators detailing recent forceful tactics against illegal immigrants to examine whether they are a violation of civil rights, Sheriff Joe Arpaio of Arizona’s Maricopa County was sued by the Justice Department. This lawsuit is the third filed by the Justice Department in relation to how Arizona authorities deal with illegal immigrants.

A federal grand jury is currently investigating Arpaio for misappropriation of federal money and intimidation of opponents. Governor Jan Brewer was questioned about the state’s new immigration law as well as the recent suit against Maricopa County community colleges for putting unlawful requirements on immigrants seeking work.

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President Obama signed Public Law 111-230 on August 13, which requires an additional $2,000 in filing fees for some H-1B petitions and an additional $2,250 for some L-1A/L-1B petitions. The fees apply to any company that employs over 50 people within the United States, with more than fifty percent of them having either an H-1B or L1 nonimmigrant status.

These petitions must be postmarked after August 14, 2010 and the provision will be effective until September 30, 2014.

USCIS is asking all petitioners to send in the new fee or an explanation as to why the fee does not apply to their company with the petition. If this is not done, USCIS could require a Request for Evidence (RFE).

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The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of October 1, 2010.

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

Administrative Appeals Office

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Annually, the United States government issues a maximum of 55,000 green cards through a computer-generated random lottery drawing. Applications for the DV 2012 random lottery will begin to be accepted today Tuesday, October 5, 2010 through Wednesday, November 3, 2010. Paper entries will not be accepted, eligible participants may access the electronic Diversity Visa entry form (E-DV) to apply during this period.

These green cards are only available to those eligible participants from countries with low rates of immigration to the United States. For DV-2012, persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible. No countries have been added or removed from the previous year’s list of eligible countries..

Natives of the following countries are not eligible to apply because the countries sent a total of more than 50,000 immigrants to the U.S. in the previous five years: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Philippines, Peru, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam.

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The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 1, 2010, 40,600 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of October 1, 2010, 14,900 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

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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

What is the grace period on H-1B extension? I reside in California, my current H-1B visa expires on 9/25/2010 and I’ve filed for an extension on 9/7/2010. Got certified mail receipt for it. I was told by my lawyer that I have 240 days grace period when an extension application is pending. I need to have some sort of documentation proof on this fact for my employer. Is there anyway I can obtain it?

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The large population of illegal immigrants in the United States has greatly contributed to the Social Security fund. The Chief Actuary of the Social Security Administration estimated that by 2007, the Social Security trust fund had received a net benefit of somewhere between $120 billion and $240 billion from illegal immigrants in the US. The Social Security crisis we face now would be far worse if not for the contribution made by illegal immigrants. Ironically though, it is the people that benefit most from and receive social security that want to force illegal immigrants out of the country.

The recent decline in illegal immigration due to tighter restrictions and hostile attitudes ultimately means that the contributions to Social Security from illegal immigrants will decrease as well.

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According to the Justice Department, Andrew Cole of Missouri pleaded guilty to racketeering conspiracy and fraud in foreign labor contracting charges. The Prosecution Unit Trial Attorney Jim Felte argued to the court that Cole was involved in recruiting Dominican Republic nationals under false terms and promises with the underlying knowledge that these workers would be exploited and their labor coerced. The charges came out of his role in a criminal enterprise that engaged in numerous criminal activities, including forced labor, fraud in foreign labor contracting, visa fraud, mail fraud, identity theft, tax evasion and money laundering. Specifically, Mr. Cole misrepresented their wages, working conditions, and type of employment. Mr. Cole sent the workers to a factory in Alabama where they were threatened with deportation and consequences if they didn’t comply with the orders. Other co-defendants also plead guilty in relation to the case and the remaining defendants await their trial on October 18. The case was investigated by the Department of Homeland Security (DHS), the FBI, the Department of Labor (DOL), the Internal Revenue Service (IRS), the Kansas Department of Revenue and the Independence, Mo., Police Department.

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