October 2011 Archives

October 21, 2011

H-1B Quota October 21, 2011 - Advanced Degree Cap Filled

Stopwatch 15 secs remaining.jpg
The last update from USCIS announced that the US advanced degree cap for H-1Bs has been filled.

    The regular H-1B quota has accepted 46,200 petitions leaving 18,800 slots available for new H-1B cases to be filed.

    We can expect this last batch of H-1B slots to fill up quicker since those with advanced degrees will now be making applications towards the regular H1-B quota.

    Remember that if you have an H-1B pending, even with an outstanding RFE pending, the USCIS has allocated an H-1B for you if your case is ultimately granted. If you would like a free consultation regarding an H-1B filing this season, give the business immigration attorneys at the Law Offices of J Craig Fong a call now. ---ecf

October 16, 2011

H-1B Quota Numbers: October 2011 - Advanced Degree Quota Filling Up!

The H-1B quota is still open but the H-1B advanced degree quota is nearly full. So for anyone looking to make an application, my advice is to watch the numbers carefully as the end of the year approaches.

  • 41,000 H-1B petitions have been received out of the 65,000 petitions that is subject to the regular Bachelor's degree quota

  • 19,100 H-1B petitions have been received out of the 20,000 petitions that are exempted for applicants with US master's or advanced degrees
  • Depending on usage, the H-1B quota is filled at different times each fiscal year, but I'm always amazed when I meet folks who think that the H-1B program is already "capped out," or that since October 1 has come and passed, H-1B applicants would have to wait until April 1, 2012 since it's just too late to make an application.

    While it is true that USCIS will begin accepting H-1B applications on April 1st of each year, it is not true that your case must be approved before October 1 of that calendar year. It is also not true that your case must be approved before the quota is finally reached. The business immigration attorneys at the Law Offices of J Craig Fong are still preparing H-1B petitions, so if you have questions or need assistance putting together a petition, please give us a call for a free consultation. --ecf

    October 11, 2011

    What Happens When a Family Petitioner Dies?

    headstones.jpgLately, the attorneys at the immigration Law Offices of J Craig Fong have been fielding a number of inquiries from families about what to do when their petitioner passes away. These inquiries have been especially common from our offices in Los Angeles and Palm Springs. Clients will usually ask if there is a way that they can obtain a substitute sponsor. This is known as requesting "humanitarian reinstatement" of the petition from the U.S. Citizenship & Immigration Services, or USCIS.

    For example, a father became a naturalized citizen in 1996 and then immediately filed a petition for his adult son in the Philippines. Although the petition was quickly approved, the priority date would not become current for many years due to the backlog and demand for visas. This delay is due to the Priority Date system used by USCIS and Department of State to determine who is next-in-line. Unfortunately, during the waiting period, the father passed away. Under current regulations, an approved petition is automatically revoked upon the death of the petitioner. The surviving members of the family reside in the United States. Certain members of the family would be eligible to be the substitute sponsor for purposes of the affidavit of support, but the first step would be to request that USCIS reinstate the petition.

    In order to do so, USCIS considers the following factors:

    (1) Disruption of an established family unit; (2) Hardship to Citizens and lawful permanent residents; (3) A beneficiary who is elderly or in poor health; (4) A beneficiary who has had lengthy residence in the United States; (5) A beneficiary who has no home to go to; (6) Undue delay by USCIS or consular officers in processing the petition and the visa; and (7) a beneficiary who has strong family ties in the United States.

    Prior to submitting a request, clients should work closely with their attorneys to assemble a strong evidentiary package that addresses each of the factors that USCIS considers. Bear in mind: the decision to reinstate a petition is completely within the discretion of USCIS. Humanitarian reinstatement applies to beneficiaries outside the United States. Beneficiaries residing inside the United States when the petitioner passes away may be able to avail themselves of Section 204(L) of the Immigration and Nationality Act. The attorneys at the Law Offices of J Craig Fong are always available to help guide you through this process. --ra

    October 10, 2011

    California DREAM Act is for Education -- NOT for a Green Card

    graduation.jpgOn 9 October 2011, Governor Jerry Brown of California signed the California Dream Act. This bill permits undocumented immigrants to attend California public university and community colleges, providing them access to state financial aid. Only three states in the USA permit undocumented immigrants to qualify for state financial aid for college: California, New Mexico, and Texas.

    To qualify, students must graduate from a California high school, after having attended school in California for a minimum of three years. The student must also sign a declaration that they are in the process of adjusting or legalizing his/her immigration situation. It is not yet known what exactly students will be attesting to when they say they are "in the process" of legalizing.

    Immigrants should be very clear: the California DREAM Act is for undocumented immigrant students wishing to go to university in this state. The California DREAM Act does NOT provide legal immigration status, does NOT make the student immune from removal or deportation, does NOT permit the student to work in the absence of an Employment Authorization Document from the US immigration authorities, and does NOT permit the student to travel out of the USA and to return.

    The California DREAM Act does not address the need for comprehensive immigration reform on the Federal level.i

    To be sure, the DREAM Act is a practical, realistic way to address the unarguable fact that so many undocumented immigrants now reside in California, and it is not possible to remove them all. If these students get an education, it is a long-term benefit to California. --jcf

    October 8, 2011

    Labor Certification, Prevailing Wages, and H-1B Timing Issues

    hanging onto time.jpgSeptember 30 marks the end of fiscal year for 2011. I wanted to review some statistics regarding labor certification information by the US Dept. of Labor which shows some interesting statistics about labor certification processing times and audits between October 1, 2010 and May 31, 2011.

    Labor certification audits are still taking about a year for review and out of approximately 22,000 of the cases that were pending as of May 31, 2011, only 44% of those case were pending initial analyst reviews. The rest of the 56% were either in audit, appeal, or at the sponsorship verification stage. Since DOL reported a 63% increase in applications compared to 2010, we can probably expect that audit queue to increase.

    As many of you may have noticed, prevailing wage requests are taking more than 3 months for a determination. Those who might need to file labor certifications before the end of the year in order to preserve the ability to extend an H-1B might begin thinking about leaving the US and recapturing H-1B time later if you are unable to file the initial labor certification 365 days before your anticipated H-1B expiration date. While admittedly, this isn't the ideal scenario, it stops the H-1B clock, even if momentarily... so that you can plan for a timely extension when you're eligible. Call the business immigration attorneys at the Law Offices of J Craig Fong if you'd like an assessment of your labor certification or H-1B case, don't wait another second! --ecf

    October 6, 2011

    The World Mourns Steve Jobs

    Green apple standing out.jpgToday the world mourns Steve Jobs. Steve Jobs was the creator and visionary at Apple, Inc. but he is remembered as one of the world's greatest business leaders, ranking up there with the likes of Ford and Rockefeller. Steve Jobs was credited for bringing technology and it's benefits to the every day lives of every day people. The attorneys at Law Offices of J Craig Fong want to thank Steve Jobs for changing how we think about technology, for inspiring us to think creatively in what we do as immigration attorneys.

    Law Offices of J Craig Fong is proud to run our office on Apple technology. We love our Apple computers, iPhones and iPads. But more importantly, the immigration attorneys at the Law Offices of J Craig Fong have also embraced the entrepreneurial spirit and determination which is best exemplified by Steve Job's own words:

    Your work is going to fill a large part of your life, and the only way to be truly satisfied is to do what you believe is great work. And the only way to do great work is to love what you do.

    As immigration lawyers, we know that the law allows families to reunify, it gives foreign workers and entrepreneurs a chance to realize their dreams. What we do at the Law Offices of J Craig Fong gives people a chance in a lifetime to make a change for the better. Many, many of our clients come to us after other immigration attorneys have turned their cases away hearing their employers were too small, too new to sponsor an H-1b or that a new company L-1 is just impossible these days. Or perhaps their family members were facing removal or in desperate need of an immigration waiver but that odds were against them so that it wasn't worth trying. at the Law Offices of J Craig Fong, we don't provide formulaic solutions to challenges. Steve Jobs didn't do that and neither do we. Challenging cases require exacting solutions. We work on each case with the individualized attention that each case deserves and we have the years of experience to know what works and what does not. When other immigration attorneys won't make the extra effort to take on cases that are outside the norm, we do - because this is what makes our work meaningful, and this is what inspires us to create great work and to make a difference, a world of difference to the individuals who didn't settle and tried anyhow. --ecf