H1B Visa Lawyer Blog

April 14, 2011

UPDATE: ICE Secure Communities Program in Maryland Counties

The U.S. Immigration and Customs Enforcement (ICE) program “Secure Communities” was activated in the following counties as of April 12, 2011: Allegany, Garrett, and Washington. Currently, all counties in Maryland use the program except Montgomery, Wicomico and Baltimore City.

Frederick County and Anne Arundel County participate in the 287(g) program, which is more expansive than Secure Communities.

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.

April 13, 2011

Immigration in 2011 – Part 7 of 10, Attacks on the 14th Amendment

by Kellie N. Lego

Seventh 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 #7: Attacks on the 14th Amendment

The proposal by Senator Lindsay Graham (R-SC) to revoke portions of the14th amendment which gave automatic citizenship to children born on U.S. soil sparked controversy back in July 2010. Since Senator Graham’s proposal many other senators have continued to debate and propose new legislation over the issue of birthright citizenship. Although many senators are pushing to pass laws that would prohibit children born in the U.S. from being granted U.S. citizenship, AILA believes this type of legislation would do little to fix our broken immigration system. Additionally, passing the law would only increase the number of individuals in the U.S. who are residing here illegally.

April 12, 2011

LATEST UPDATE: H-1B FY2012 CAP COUNTS

by Kellie N. Lego

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 April 7th, 2011, 5,900 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of April 7th, 2011, 4,500 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

April 11, 2011

May 2011 Visa Bulletin

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin.

Click here to view the May 2011 Visa Bulletin.

The May 2011 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.

April 11, 2011

MVP “Immigration Q & A Forum” – This Friday, April 15th, 2011

by Kellie N. Lego

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.

April 8, 2011

UPDATE: What Happens If The Government Shuts Down?

by Kellie N. Lego

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?

USCIS Update: USCIS has confirmed to AILA Liaison that it will be operating, except for E-Verify, if the government does shut down.

April 8, 2011

What Happens If The Government Shuts Down?

by Kellie N. Lego

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