The Department of State has released its latest Visa Bulletin.
Click here to view the April 2011 Visa Bulletin.
The April 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.
Second part of our ten part series examining the American Immigration Lawyers Association’s (AILA) publication of “What to Watch Out for on Immigration in 2011.”
Topic #2: Mandatory Employment Verification
E-Verify (Electronic Employment Verification System) a system widely used by employers to check the authenticity and legality of employees to work in the United States will likely become a mandatory requirement for all employers.
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Question #1 – H-1B Nonimmigrant Visa
I am an H1-B Employee. My PERM and I-140 have been approved. Our company recently moved to a new office within the same Metro area (MSA), same county and just about 10 minutes from earlier office. Is a new LCA required?
The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of March 1, 2011.
If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
The American Immigration Lawyers Association (AILA) recently published “What to Watch Out for in Immigration in 2011” and MVP Law Group will be doing a 10 part series on the key issues discussed.
Topic #1:Emphasis on Border and Interior Enforcement
With the rise of new leaders in the House of Representatives, it’s clear that the focus will centered upon border security and interior enforcement. Spending was increased last year for additional fencing at the border, surveillance technologies, as well as an increase of boots on the border. In 2011, it’s expected we will see an even greater increase in spending and bills aiming to tighten the border.
The Board of Alien Labor Certification Appeals (BALCA) recently reversed the final determination of a Certifying Officer (CO) denying labor certification for an alien worker for the position of “Junior Trading Systems Developer.”
On the Application for Permanent Employment accepted by the CO, the Employer listed the three additional recruitment steps taken to advertise the position. The steps included listing on a job search web site, advertising in a local newspaper as well as advertising with the employee referral program from July 10, 2007 to August 10, 2007. An audit was issued by the CO requesting documentation of the Employer’s employee referral program. Certification was thereafter denied by the CO who cited the Employer failed to include dated copies for the advertising of its employee referral program. In a request for review, the Employer argued that the program is ongoing and every new hire is provided a copy of the memorandum. An email dated March 17, 2008 was also submitted to demonstrate the Employer regularly notified its employees of the program. Further, the Employer contested that the employee referral program used does in fact meet the PERM regulations governing recruitment efforts because of the large number of resumes it receives.
PERM regulation 20 C.F.R. § 656.12(e)(1)(ii)(G) controls and it provides that one of the three recruitment efforts can be an employee referral program with incentives. The program can either be documented with “dated copies of the employer notices or memoranda advertising the program and specifying the incentives offered.”
MVP “Immigration Q & A Forum” – This Friday, March 4th, 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, 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.
A recent survey along with a report issued by the Government Accountability Office (GAO) affirm the E-Verify system is a key tool in ensuring a legal workforce in the U.S. The report by the GAO also revealed improvements in the system such as establishing better safeguards for personal information and reducing the mismatch rates.
E-Verify also received 82 out of 100 on the American Customer Satisfaction Index scale for a customer survey that evaluated key aspects of the program. Customer Support was one area that respondents overwhelming approved of, with a score of 89 which was based on the many improvements made by the Obama administration. The survey additionally revealed that users were likely to recommend the program to other employers, were secure in the program’s precision, and were likely to continue with the program. Although the E-Verify program under the Obama administration is showing continued success, the passage of comprehensive immigration legislation is crucial to fix the current immigration system.
Over 243, 000 employers are currently using the E-Verify program and approximately 1,000 new employers enroll every week. For more information about the E-Verify program visit www.uscis.gov/everify.
A new web-based tool called “Validation Instrument for Business Enterprises” (VIBE) is being introduced by the U.S. Citizenship and Immigration Service (USCIS) to enhance the adjudication of certain employment-based immigration petitions.
VIBE functions by compiling basic information about companies/organizations who petition on behalf of alien workers to confirm authenticity. Currently, USCIS uses documentation submitted by the employer to adjudicate the case. When insufficient documentation is submitted, USCIS issues a Request for Evidence (RFE). This request for additional documentation delays the process of adjudicating the petition.
With the new VIBE program in place, USCIS can electronically receive information about the company/organization through an independent provider. Some of the information USCIS will soon be receiving about the petitioner includes: financial standing, number of employees, relationships with other entities, business activities, status, company executives, and date of establishment as an entity.
As of February 11, 2011 U.S. Citizenship and Immigration Services (USCIS) began issuing employment and travel authorization on a single card to certain applicants.
An individual will only receive the new card after filing Forms I-765 (Application for Employment Authorization) and I-131 (Application for Travel Document) concurrently or after filing Form I-485 (Application to Register Permanent Residence or Adjust Status). The new card serves both as employment authorization as well as the Advance Parole document. Additionally, the combination of the two documents creates a more protected and durable card. USCIS will continue to issue separate EADs and Advance Parole documents for certain applicants when needed.
H1B Visa Lawyer Blog