toll booth.jpgThe most important initial concern for any visitor to the USA is being able to enter the USA. at Fong & Aquino, our immigration law clients want to be able to clear customs and immigration — here in Los Angeles, or at any other port of entry — as quickly as possible; our job as immigration lawyers is to help them do so.

US Customs and Border Protection (CBP) has started a test program, running until about 19 March 2011, at the US border crossing at El Paso/Ysleta, permitting use of a “Ready Lane” by those who have certain approved documents. The documents must be approved Radio Frequency Identification (RFID) technology-enabled travel cards, documents, and passports. Only those with RFID-compliant documents may use the dedicated “Ready Lane.”

To use the “Ready Lane,” each passenger over age 16 in the vehicle must have an approved RFID-enabled document, such as a US passport card, the new Border Crossing Card, the new green Permanent Resident card, and other approved documents. Then:

notequal.jpegIn recent years, the immigration attorneys at Fong & Aquino in Los Angeles have heard an increasing number of horror stories of people who have sought legal advice or assistance from consultants, non-lawyers, and notaries public. In many of these cases, the advice given or the work done has been seriously flawed — and it is the immigrant who suffers. USCIS is starting to crack down on those who are not qualified to advise immigrants.

An immigration consultant or notary is not the same as an immigration attorney. They are not trained to recognize fact patterns, not trained to read and analyze the law and statutes, and they are not required to stay current on recent developments. For all these reasons, even if someone does not want to work with me — and everyone is entitled to a preference — I urge anyone with an immigration case to seek the counsel of a licensed attorney. Because US immigration law is a Federal matter and not a State matter, an attorney licensed in any of the fifty states or the District of Columbia will suffice, as long as s/he focuses on immigration and nationality law.

US Citizenship and Immigration Services (USCIS) is beginning to collect information and investigate persons who are engaged in the unauthorized practice of law. The investigations are starting in selected areas and will go nationwide afterwards. –jcf

QuestionMark.jpgAs an immigration law firm, Fong & Aquino in Los Angeles receives questions about “what does immigration know about me” or “what does the computer at the airport show.”

As a matter of national security, this information is not officially made available; however, a recent discussion with a client has provided a few clues. A young, female client was entering the USA at an international airport, and the officers saw entries in the computer, and they knew:

* all of her entries to and exits from the USA,

I’ve been fielding a lot of calls for PERM lately. I’m not sure if it’s related to the fact that indications for the private sector and employment numbers are on the rise or if it’s the beginning of a new year and everyone wants to start their permanent residency applications, or just what.

Either way, I wanted to summarize just what it takes to start and submit a successful PERM application. PERM, which is the formal name for the Department of Labor’s (DOL) foreign labor certification application, Form ETA 9089 – is a complicated process. Before an applicant even deals with the USCIS, an applicant’s employer must conduct a formal recruitment campaign, setting out advertisements for the employment opportunity and only after weeks of advertising plus a 30-day quiet period, can a PERM application be submitted. A useful overview of the entire process can be found at our website: www.jfonglaw.com
In the meanwhile, a lot of things must be achieved during this time: DOL’s independent verification of the company’s existence, a prevailing wage determination also by DOL, and of course, meticulous documentation of the advertisings and recruitment results. If all goes well, a PERM applicant may see their application lodged with the DOL some 2-4 months after starting the process. Current processing times once a labor certification has been submitted are surprisingly short right now. Our office recently received a labor certification approval within 2.5 weeks of submission. And while I can’t ensure that this trend continues, it is a welcome surprise. I will explain the second and third stages to a PERM application in the next blog, so please check back in a couple of days. —ecf

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Just last night, Majority Leader Reid (D-NV) filed a new version of the DREAM Act in an effort to get the 60 required votes to pass the Senate where a vote may occur as early as Monday.

This new version of the DREAM Act includes the following provisions:

  • Excludes from eligibility those with certain criminal convictions, such as for offenses punishable by a maximum term of more than 1 year (felony) or 3 misdemeanors

Fiscal year 2011 has been a relatively slow year for H-1B usage. Whether it’s the economy or increased scrutiny of H-1B petitions or increased H-1B filing fees, I thought you might want to know that the quota is still open.

As of November 22, USCIS informed the public that approximately 48,977 cases have been counted against the general quota and approximately 17,836 cases have been counted against the advanced degree quota.

If you would like help in submitting a successful H-1B case, call the attorneys at Fong & Aquino for a free H-1B consultation. —ecf

B&W $.jpgPlease remember that fees for most filings with US Citizenship and Immigration Services (USCIS) will increase on 23 November 2010. Applications submitted with incorrect fees will be rejected, and such a rejection could result in the applicant falling out of status in the USA, so it’s important to be sure to file with the correct fee.

The USCIS statement about the increased fees, and the list of the increased fees, can be found here. –jcf

The US Department of Labor recently published a report on the Foreign Labor Certification program, commonly called “PERM.”

According to the report, PERM approvals and applications as a whole have been declining since 2007. In fiscal year 2008, there was a 42 percent decrease from fiscal year 2007 in cases certified. In fiscal year 2009, there were 29,502 cases certified representing a 40 percent decrease from the number of cases certified in 2008.

There are currently more than 104,000 cases pending with the US Dept. of Labor. More than 64,000 of those cases were made just last year, meaning that many of these newer cases are creating a new “backlog” of cases waiting to be adjudicated. The US Dept. of Labor also admitted that the “limited number of Federal staff available to make final adjudicatory decisions adversely impacted quarterly production the result of which was a growing “backlog” during FY 2009.”

New numbers from USCIS on the H-1B quota:

Out of 65,000 that USCIS may approve, CIS has received 44,300 cases. This is an increase of about 2,400 since the last announcement about a week ago.

As far as US advanced degree cases, where beneficiaries have received a US Master’s or high degree, CIS announced that they have received 16,200 cases. This is an increase of about 800 cases since the last announcement.