Workers (H, L, R, O, P)

March 21, 2012

EB-2 Retrogression on the Horizon

Bad news for those watching in the China and India EB-2 preference category priority dates. It is reported on March 16 that the US Department of State will likely retrogress the EB-2 priority dates to around August 2007 in the May or June 2012 visa bulletin. The April 2012 visa bulletin priority dates for China and India are at May 1, 2010. All other countries are current.

The reason given for the anticipated retrogression is that USDOS anticipates there will be no “spill down” from any unused EB-1 numbers, meaning all the allocated immigrant visa numbers for Fiscal Year 2012 will likely be used this year in the employment first preference category. This is also an important note for EB-1 applicants: if you are planning an employment first preference case, you might want to get that case in earlier than later. Call the business immigration attorneys at Romben Law, APC to plan your employment cases now. —ecf

March 19, 2012

PERM Processing Times

by Romben Law, APC

The days of PERM processing within a week or two are long gone, but the business immigration attorneys at Romben Law, APC, have seen a decrease in time for adjudications at US Dept of Labor.

Although processing times still vary, we have recently seen certifications within 2 months of filing. The icert portal reports that analyst reviews are hovering around the submission date of November 2011. That’s about 4 months from submission to getting an initial response.

In the world of audits, Department of Labor reports that they are working on cases originally submitted around July 2011. As many had expected, supervised recruitment is still an issue. In a report summarizing PERM cases filed between October 1, 2011 to March 5, 2012, the Office of Foreign Labor Certification (OFLC) confirmed 26,100 active cases as of March 5 with only 4% of cases undergoing supervised recruitment. While it’s still early in the fiscal year, we also know it takes time for a case to proceed from submission to audit, it was notable that a full 26% are in audit review. We may expect an increase in supervised recruitment requests.

March 13, 2012

Preparing H-1B Petitions With Multiple Worksites

by Romben Law, APC

H-1B news. April 1, is just around the corner. The so-called “H-1B season” is upon us with preparations in high gear for early filings. While I won’t give predictions or insight into how long this quota will last, the important thing is to prepare your case well and do it as early as possible.

This blog entry will focus on a 2010 H-1B USCIS memo that was updated on March 12, 2012 discussing “employer-employee” relationships. Simply put, this memo gives guidance on how to prove up cases involving independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. Having represented a range of employers with H-1B workers who travel about for their jobs in technology, accounting and finance, and business consulting, the attorneys at Romben Law, APC know the challenges facing employers in initial H-1B petitions, updating LCA requirements, and keeping employees in status throughout their H-1B stay, wherever they may be performing services. Such employers must know that they have additional responsibilities in preparing itineraries and documenting prevailing wages in different geographic areas.

If you or your employer have a non-traditional employment arrangement, such as one involving different worksites, contact the attorneys at Romben Law, APC for a initial consultation. —ecf

February 7, 2012

H-4 Work Authorization and Other Reforms to Attract and Retain Highly Skilled Workers

by Romben Law, APC

Magnet with Key.jpg Last week, Department of Homeland Security announced several proposed reforms to “attract and retain highly skilled workers.” These reforms include employment authorization of certain H-4 spouses and other concrete incentives.

DHS released a press release describing these administrative reforms, which would impact the benefits and the adjudications process in several different ways, ultimately benefiting employers, universities, scholars and workers (and their spouses):

Allowing H-4 dependent spouses to apply for EADs (employment authorization documents) if the principal H-1B spouse has extended their period of stay under AC 21 Section 104(c) or 106(c)

January 23, 2012

Employment Based Visa Numbers the Outlook for Fiscal Year 2012

by Romben Law, APC

Fiscal year 2012 began on October 1, 2011 and as expected, we saw some movement in the visa bulletin. Here is a brief summary of what the US Visa Office reports seeing in terms of usage in the first 3 months of the FY 2012.

Employment-based usage has been quite slow, but we can still expect to see some advances in the EB bulletin. There are still some EB-2 cases from 2007 in the USCIS pipeline, so we will probably see EB-2 hover around that date until cases are cleared out before forward movement is consistent.

There has been a severe slowdown in the usage of EB-1 numbers, with some speculation that recent USCIS interpretation and clarification with regard to the standard for extraordinary ability cases has created a stricter standard and perhaps has dissuaded some applicants from filing cases.

January 15, 2012

H-1B Petitions – How to Prepare for April 1 Filings

by Romben Law, APC

Checlist list image.jpg
It’s H-1B season again. The beginning of a new year and less than 3 months from the first date that USCIS will accept new H-1B petitions on April 1, 2012. It’s time to prepare your H-1B.

The immigration attorneys at Romben Law, APC have been receiving many phone calls from potential H-1B employers and H-1B job seekers in preparation of filing H-1B petitions in April and early summer. Let’s review some of the H-1B basics:

The job offer must be for a position which requires specialized knowledge in a certain field.

December 1, 2011

H-1B Quota Update: No Lottery This Year

by Romben Law, APC

Today, the USCIS Service Center Operations released a statement that all properly filed H-1Bs applications received on Tuesday, November 22, 2011 will be accepted under the FY 2012 H-1B cap. USCIS SCOPS also confirmed that there will be no lottery for petitions properly filed and received on November 22.

Those who are awaiting receipt notices for H-1B petitions received on November 22, should be able to rest easy knowing that their cases made it under the cap on the last day of the quota. However, be aware that until you receive a receipt notice, nothing is official. Many petitions get returned due to these typical errors: the filing fees are given in the wrong amounts, boxes on the I-129 Data Collection page are not checked correctly, and for missing signatures. If a petition is returned for an error, it may well take a few weeks for it be mailed back to you. —ecf

November 23, 2011

H-1B Quota Filled: November 22, 2011

by Romben Law, APC

The day has come. The fiscal year 2012 H-1B quota was reached yesterday, Tuesday, November 22, 2011. While this comes as no surprise to those who’ve been following our blog, it is remarkable that the final 15,800 applications were received by USCIS in just the last three weeks.

So what does this mean for those who didn’t make the cap this year? Most of my clients, who did not make the quota this year are fortunately in F-1 status, with most of having some time left on their OPT period of stay. FY 2013 H-1B hopefuls will now have to make a decision of whether to return to their home countries and enter next fall on an H-1B filed next Spring or perhaps extend their F-1 study.

Many students are calling their campus international student officers to see about extending their I-20s so they can continue their studies. As long as a student is a bona fide, full-time student, s/he can remain in lawful F-1 status. But remember, while staying in the US on an extended I-20 is lawful, keep in mind that anyone wishing to travel will still need to check whether their F-1 visas are still valid.

November 1, 2011

H-1B Quota Filling Fast – Only 15,800 Remain

by Romben Law, APC

USCIS has released updated H-1B quota numbers as of October 28, 2011:

49,200 petitions have been receipted out of the 65,000 petitions allotted for the regular cap

The advanced degree cap has been met. Those seeking to file during this last phase of the H-1B season should move quickly. Call the immigration attorneys at Romben Law, APC if you would like a consultation on an H-1B application. –ecf

October 21, 2011

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

by Romben Law, APC

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

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.