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The California Service Center (CSC) has issued a statement regarding what type of documentation is sufficient proof that an H-1B beneficiary has completed the requisite degree requirements for the specialty occupation. The documentation that may be submitted to satisfy the degree requirements includes: (1) a final transcript; (2) a letter from the Registrar; or (3) a letter executed by the person in charge of the records of the educational institution where the degree was awarded. Additionally, if option three is utilized, proof must be provided that the person is authorized to issue such letters.

It is recommended that these documents are provided in the initial H-1B visa filing in order to avoid an RFE or possible outright denial.

If you have any questions regarding the H-1B visa process, please contact our office.

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The Department of Labor (DOL) determined that the Department of Veteran’s Affairs (VA) failed to pay the prevailing wage to eleven alien physicians employed by VA hospitals pursuant to the H-1B visa program.

The H-1B is an employment based nonimmigrant visa that enables United States employers to seek highly skilled foreigner workers from around the world to increase productivity and develop new innovations within their fields. The system was designed to protect both U.S. and foreign workers by: (1) including labor certifications and attestations; (2) implementing costly filing fees; (3) requiring extensive background documentation/proof; and (4) conducting on-site employer investigations and continuous oversight by several federal agencies. Specifically, the program requires that a U.S. employer using the program guarantee that the alien will be paid the prevailing wage or higher for the specialty occupation, and that the foreign professional will not adversely affect the working conditions of U.S. workers.

Unfortunately in this case, several of the alien physicians filed administrative complaints asserting that the hospitals had failed to pay them the prevailing wage for their occupation. The DOL Administrative Review Board ruled in favor of the complainants’ and ordered the VA to pay approximately $230,000 in back wages.

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The Administrative Appeals Office (AAO) recently withdrew the decision of the Director, Texas Service Center (TSC) and approved the immigrant petition.

The Petitioner provides health care services. The Petitioner sought to employ the beneficiary permanently in the position of Family Practice Physician. The position on ETA Form 9089 listed the educational requirements for the position as “M.D.” which stands for “Doctor of Medicine.” The pertinent regulation states: “A United States baccalaureate degree or a foreign equivalent degree followed by at least five years of progressive experience in the specialty shall be considered the equivalent of a master’s degree. If a doctoral degree is customarily required by the specialty, the alien must have a United States (U.S.) doctorate or a foreign equivalent degree.” The beneficiary possesses a foreign five-year Bachelor of Medicine & Bachelor of Surgery (MBBS) degree from Islamia University Bahawalpur in Pakistan. Additionally the beneficiary possesses a Mississippi State Board of Licensure valid until June 30, 2009. Upon review of the petition, the director determined that the beneficiary did not qualify for classification as a member of the professions holding an advanced degree or satisfy the minimum level of education stated on Form ETA 9089. Specifically, the director determined that the beneficiary did not possess a U.S. “Medical degree” or foreign educational equivalent. Subsequently, the employment based visa immigrant petition was denied by the Director of the TSC.

The issue on appeal is whether the petitioner has demonstrated that the beneficiary qualifies for immigrant classification as an advanced degree professional pursuant to the regulations.

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The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools .

The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete a visa petition, pay the required fee, and attend a U.S. College or University. The Department of Homeland Security (DHS) created a web based system called the Student Exchange Visitor System (SEVIS) which maintains information on the foreign students accepted into the program. The SEVIS monitors the students for the duration of their approved stay, as required by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRAIRA) of 1996.

Interested Foreign students: There is a process in obtaining a student visa, but it is not a difficult one. The student must first obtain Form I-20 from the U.S. College or University from which he/she intends to enroll, pay the required visa fee (Form I-901) and contact a local U.S. Consulate/Embassy to schedule an interview. At the interview, the student must have Form I-20, proof of payment of Form I-901, financial support documentation, and a completed visa application. The SEVP procedures differ among U.S. Consulates/Embassies; contact your U.S. Consulate/Embassy NOW to determine its particular procedure on applying for a visa before planning for the interview.

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H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2009 for Fiscal Year 2010, which begins on October 1, 2009 and ends September 30, 2010. In recent years, the H-1B cap has been exceeded on the first day, April 1st.

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. Employers petition the United States Citizenship and Immigration Services (USCIS) on behalf of the professional foreign worker beginning six months prior to the beginning of the upcoming fiscal year. Frequently, employers interested in utilizing the H-1B visa program contact an experienced Immigration Business Lawyer for a consultation about the process, determine eligibility, discuss applicable lawyer’s fees and filing fees, and so forth.

If your company is interested in a consultation about this process, PLEASE CONTACT OUR OFFICE IMMEDIATELY!

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Effective March 2, 2009, the United States Citizenship and Immigration Services (USCIS) will expand their premium processing service to certain Form I-140 petitions. This service will be expanded to include alien beneficiaries who have almost reached their limitation of stay on H-1B visa status.

For the specific details, please read the entire fact sheet

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on February 20, 2009 with processing dates as of December 31, 2008.

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.

California Service Center

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The American Immigration Lawyers Association’s (AILA) Business Committee prepared a list of frequently asked questions about the H-1B provisions included in the new economic stimulus bill – the American Recovery and Reinvestment Act of 2009. The list discusses the impact of the H-1B provisions on H-1B employers, provides an explanation as to the restrictions that are placed on TARP fund recipients, and offers advice to affected employers on how to complete Labor Condition Applications (LCA) for H-1B foreign workers.

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On Friday, the House of Representatives passed a multi-million dollar stimulus bill designed to jumpstart the United States’ economy. For the business immigration world, the bill includes the Sanders H-1B amendment . This amendment heavily burdens recipients of Troubled Assets Relief Program (TARP) funds with strict regulations for hiring foreign workers under the H-1B program. The President of AILA, Charles H. Kuck, said, “The misguided signal it sends is that immigrants are part of the problem rather than an integral part of the solution.” In other words, the H-1B program works to bring foreign-born talented individuals to the United States to help create new jobs and bolster the United States’ economy. Passage of the amendment means that it is going to be harder for TARP recipients to successfully petition for top level talent under the H-1B program and thus it works counter to the ultimate goal of economic growth for the United States.

The economic stimulus bill has been approved by the Senate and is expected to be signed by President Barack Obama early this week.

NOTE – THE SANDERS H-1B AMENDMENT APPLIES ONLY TO THOSE RECIPIENTS OF TARP FUNDS.

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