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Archive for April, 2009
Wednesday, April 29th, 2009
Senator Specter’s decision to switch parties and run in 2010 as a Democrat inspires mixed emotions here at KRSS. All of us have long supported the Senator because of his well-thought-out, moderate positions on immigration legislation (some of us in spite of his Republican party membership). His role in passing a comprehensive immigration reform bill in the Senate with both Democratic and Republican support in 2006 was, in many ways, the cumulation of more than 20 years of work to pass reasonable immigration laws that are good for our country.
AILA president Chuck Kuck says it best over on the AILA Leadership Blog:
Probably even more important is the boost this gives to those who believe, like us, that CIR is essential to renewed economic growth. Senator Specter spoke to our Spring AILA Conference (was it that which pushed him over the edge?). He let us know that he actually gets it. He understands all the key aspects of reform. He understands it is NOT just about legalization. He understands that it is also about DREAM. It is also about increased immigrant visa numbers. It is also about more sensible nonimmigrant visa categories. It is also about reforming how USCIS operates, and it is also about smarter enforcement and going after the real bad actors, not those struggling to put bread in the mouths of their children.
We certainly hope that Senator Specter can continue his leadership on the immigration issue as a member of the Democratic majority. Because of his work on behalf of reasonable immigration laws, we will continue to support his efforts (it’s just others of us who will do it in spite of his party membership).
Tags: CIR, immigration reform
Posted in News & Politics | Click Here To Comment »
Tuesday, April 28th, 2009
Over on the firm’s main web site, we’ve added a new resource that explains the naturalization process and some of the most common questions that arise. Once permanent residents have obtained that status, they often ask for advice about when and how they can become citizens of the United States, and this article explains the requirements for naturalization, as well as situations that may cause a person to want to seek legal advice before becoming a US citizen.
The direct URL for the article is http://www.klaskolaw.com/articles.php?action=view&id=231.
Posted in Hot Questions | Click Here To Comment »
Monday, April 27th, 2009
In early April, Michael Aytes, Acting Deputy Director of United States Citizenship and Immigration Service (USCIS) testified before the House Committee on Appropriations, Subcommittee on Homeland Security regarding the status of the E-Verify Program. Aytes provided detail of the program’s performance, improvements the agency has made and will continue to make in the E-Verify system, and future plans to make the I-9 easier to complete and to monitor use of the E-Verify system. A summary of his testimony is after the jump. (more…)
Tags: E-Verify, I-9 Compliance
Posted in Worksite Enforcement | Click Here To Comment »
Friday, April 24th, 2009
President Obama’s nominee for Assistant Secretary for Immigration and Customs Enforcement (ICE), John Morton, faced a Senate panel for his confirmation hearing this week. He pledged to continue to prosecute bad-faith employers who hire unauthorized workers. Morton also announced that the Administration intends to eventually make use of the E-Verify, online employment verification program mandatory for all employers.
(more…)
Tags: I-9 Compliance, ICE, Worksite Enforcement
Posted in Worksite Enforcement | 1 Comment »
Thursday, April 23rd, 2009
One of the more obscure niches of immigration law practice is assisting ministers and other religious workers in obtaining temporary or permanent status based on their employment in their denomination. After a review by USCIS found a significant number of fraudulent religious worker petitions, new regulations were imposed in late 2008 that make the process of obtaining religious worker visas (R-1 temporary, or “special immigrant” permanent) much more onerous than it used to be. For employees being transferred from their denomination’s organization outside of the United States, might an L-1 visa avoid that new process?
(more…)
Posted in Agency Updates | Click Here To Comment »
Tuesday, April 21st, 2009
Today, USCIS provided an updated cap count stating that, as of last Friday, 44,000 of the 65,000 available H-1B petitions (and 20,000 petitions claiming the additional 20,000 Master’s Degree exemptions) have been received. Based on comparison of today’s announcement with yesterday’s that 43,000 petitions were received as of April 13, it appears that, for the moment, anyway, H-1B availability may continue into the summer for the first time in several years.
Those of us with years of experience in the immigration field will recall the frustrations of advising clients during this “cap watch” – employers need to understand that the cap could be reached at any time, so hiring decisions need to be accelerated and petitions need to be prepared quickly.
Fortunately, it also means that employers can make hiring decisions for the next few weeks without the worry that their petitions will be rejected for lack of available H-1Bs.
Tags: Cap Count, H-1B
Posted in Hot Questions, Temporary Visas | Click Here To Comment »
Thursday, April 16th, 2009
Another delay has been announced in implementation of the “federal contractor rule,” which amends the Federal Acquisition Regulations to require federal contractors to enroll in and use the E-Verify system. The applicability date of the rule is now pushed back until June 30, 2009.
(more…)
Tags: E-Verify, I-9 Compliance
Posted in Agency Updates, Worksite Enforcement | Click Here To Comment »
Wednesday, April 15th, 2009
As I metioned previously, DOL is revising the electronic system through which Labor Condition Applications for H-1B workers are submitted. Employers will have to register and have their existence verified through the iCERT portal before being able to file LCAs after May 15.
The iCERT portal is available here for employers to register, even if they do not have an immediate need for an LCA. While the system is optional until May 15, it will become mandatory as of May 15, and it would be best for employers to be registered now so as to avoid delays the next time an LCA needs to be filed.
The iCERT portal will also become the site through which PERM applications are filed, but not until at least September of this year.
Tags: H-1B, Labor, LCA
Posted in Temporary Visas | Click Here To Comment »
Thursday, April 9th, 2009
Yesterday, the Department of State issued its May Visa Bulletin. The surprising news was that USCIS has managed to use up all of the visa numbers available in the EB-3 category (professional, skilled and other workers) by granting adjustment of status cases, so that they will have to suspend processing of pending EB-3 cases until October. (For a more complete explanation of priority dates and how they work, see our Client Alert.)
Fortunately, there is no hint that worldwide first preference, or second preference (except India and China), will become backlogged or run out this year. More on the EB-3 unavailability after the jump. (more…)
Tags: Green Cards, immigrant visa numbers
Posted in Green Cards | Click Here To Comment »
Wednesday, April 8th, 2009
USCIS has released its first report on H-1B numbers for FY2010. USCIS reports that it received approximately 45,000 petitions toward the “basic” allotment of 65,000 H-1B petitions, and that it received almost 20,000 petitions toward the “U.S. Master’s” cap of 20,000.
Fortunately, the statute provides that the “Master’s cap” is 20,000 extra visas, and it is only the extra visas that are limited to holders of U.S. Master’s degrees. A holder of a U.S. Master’s degree is also eligible for an H-1B petition in the basic quota of 65,000. If the U.S. Master’s cap is exhausted but the “basic” cap is still available, the H petitions for U.S. Master’s degree holders will still be processed, but counted toward the 65,000 “basic” cap.
Tags: H-1B
Posted in Temporary Visas | Click Here To Comment »
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