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| Your Trusted Immigration News Source |
April 2008, Vol. 1, Issue 3 | |
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GLG NEWS |
» Jerry Grzeca has been nominated for AILA's Board of Governors. Voting begins May 16, 2008.
» Associate Attorney Carrie Ziegler joins Grzeca Law Group.
» Jerry Grzeca discusses the H-1B crisis on Wisconsin Public Radio. Listen: April 7, 2008 | April 17, 2008 (requires RealPlayer). |
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PRESENTATIONS |
» APRIL 28, 2008 - AILA, New York Chapter Conference. Topic: PERM Process
» MAY 2, 2008 - AILA, Minnesota Chapter Conference, Discussion Leader and Panelist. Topic: Service Center Update and Consular Processing Update
» JUNE 25-28, 2008 - Vancouver, Canada AILA Annual Conference. Discussion Leader. Topic: Complex L-1 Issues |
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QUOTABLE |
"We need to bring the immigrants out of the shadows, give them the conditions that we expect them to meet, paying a fine for coming here illegally, trying to pay back taxes, over time, and learning English." - Sen. Hillary Clinton (D-NY), Feb. 21, 2008.
"We have to succeed, because there's 12 million people who are in this country illegally, which is de facto amnesty, and we need a temporary worker program. I commit to securing the borders first." - Sen. John McCain (R-AZ), Sept. 5, 2007.
"It is important that we fix the legal immigration system, because right now we've got a backlog that means years for people to apply legally. What's worse is, we keep on increasing the fees." - Sen. Barack Obama (D-IL), Feb. 21, 2008. | |
UPDATE ON THE H-1B CRISIS
H-1B Cap Hit In a Matter of Days
Within days of the open filing period, the U.S. Citizenship and Immigration Services (CIS) announced that it had received more than enough H-1B petitions to meet the 65,000 cap for Fiscal Year 2009. Find out how petitions will be processed and what the visa shortage means for U.S. companies. Read »
THE LATEST ON SOCIAL SECURITY NO-MATCH
Feds Move Forward with Controversial Social Security 'No-Match' Rules
Homeland Security has re-issued rules calling for the use of Social Security records to enforce immigration laws. If adopted, hundreds of thousands of "No-Match" letters requiring immediate attention could be issued to employers as early as June. Read »
COMPANIES MAY BENEFIT FROM RECENT RULING
Extension of OPT May Provide Additional Opportunities to Foreign Students
Companies may have a better opportunity at retaining highly-skilled foreign students after a recent ruling from Homeland Security. However, it will require employers to enroll in the controversial E-Verify program. Find out who qualifies and the implications for employers. Read »
DELAYS IN VISA ISSUANCE EXPECTED DURING TRANSITION
State Department Unveils Tracking System for Nonimmigrant Visas The U.S. Department of State has announced that U.S. Embassies and Consulates are implementing an advanced tracking system for nonimmigrant visa petitions. Visa applicants can expect visa issuance delays during this transition. Read »
PRACTICE TIPS
I-94 Cards: Deceptively Small, Very Important
You might know the I-94 card as the small white card nonimmigrants receive upon entry into the U.S. Another form of this card is sometimes found at the bottom of Approval Notices received from U.S. Citizenship and Immigration Services. Find out why this document is a very critical immigration document that works differently than a visa. Read »
Applicants for Reentry Permits Must Appear for Biometrics Processing in the U.S.
As an update to its revised instructions for Reentry Permit Applications, the CIS recently indicated that even U.S. permanent residents living abroad will be required to appear at a CIS office in the U.S. to have their biometrics taken. Read » | |
H-1B Cap Hit In a Matter of Days
Just days after the first eligible day of filing, the U.S. Citizenship and Immigration Services (CIS) announced that it had received more than enough H-1B petitions to meet the congressionally mandated cap for Fiscal Year 2009. The CIS received nearly 163,000 petitions during the filing period ending on April 7th, well exceeding the 65,000 limit for cap-subject H-1B visas.
The CIS began conducting a computer-generated random selection process on April 14th in order to determine which petitions will be accepted for processing. All cap-subject petitions not randomly selected will be rejected and the filing fees returned.
Unlike previous years, the CIS gave companies five business days to submit petitions to be included in the random selection. Last year, petitions were capped off on the second day when 150,000 were received; in 2006, the cap was met in two months.
The H-1B nonimmigrant visa category allows U.S. employers to augment the existing labor force with highly-skilled foreign workers to provide expertise to American companies for temporary periods. Typical H-1B occupations include scientists, architects, engineers, systems analysts, accountants, doctors, primary and secondary teachers, and college professors.
With many U.S. companies in genuine need of highly skilled foreign workers, continuous efforts are being made to increase the H-1B cap or remove the cap altogether. A number of bills relating to the H-1B cap were introduced into the House of Representatives in March, including one by Rep. Lamar Smith (R-TX) which would increase the cap to 195,000. A similar bill was introduced by Rep. Gabrielle Giffords (D-AZ).
Along with the American Immigration Lawyers Association (AILA), Jerry Grzeca is committed to remaining engaged in advocating reform for this crucial visa category. Grzeca recently spoke out on the H-1B crisis on Wisconsin Public Radio on April 7th and April 17th (listening requires RealPlayer).
Businesses are also urged to be heard on the H-1B crisis. For more information on how to contact Congress about this and other important immigration issues, visit AILA's Congressional Action and Information Center.
Furthermore, if your company was unable to obtain an H-1B, please contact our office today to discuss what other options may be available.
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The Department of Homeland Security (DHS) has re-issued a controversial ruling that calls for Social Security Numbers to be used to enforce immigration laws. If the rule is adopted as proposed, the DHS could issue hundreds of thousands of "No-Match" letters to employers as early as June, requiring swift and immediate action.
Since 1994, "No-Match" letters have been issued by the Social Security Administration (SSA) to employers if a Social Security number and name on an employee's W-2 form do not match the employer's records. The employers are asked in good faith to correct the discrepancy within 60 days.
The new ruling would allow the DHS to issue its own letter to employers, giving them 90 days to either correct the problem or fire the worker. If the employer can show that they took specific, appropriate measures, they would be granted "safe harbor" from prosecution for illegal-hiring practices. Managers and hiring employees prosecuted for illegal-hiring practices would be assessed civil fines of up to $16,000 per worker and maximum prison terms of five years.
DHS initially published its No-Match rule in August 2007. However, strong opposition from labor, business, and civil- and immigrant-rights groups held the rule up in a Federal District Court in California. The re-issued rule published on March 26th features only slight modifications. Should the Court accept the rule, many companies will be pressed to adopt strict new policies and procedures to comply with the rule.
Companies are urged to create policies to guide responses to future No-Match letters. Employers should also consider I-9 "self-audits" to ensure that each employee has a Social Security number that relates to their work authorization.
Grzeca Law Group is ahead of the curve when it comes to No-Match rules and has prepared and revised several No-Match policies for companies. Contact us today for more information and stay tuned for more updates on the No-Match rule.
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Currently, OPT allows qualified foreign students in F-1 nonimmigrant status to work for a U.S. employer for a 12 month period. The F-1 student must be enrolled on a full-time basis for at least one full academic year in a certified college or university. The job must be directly related to the student's major area of study.
The decision to extend the OPT period from 12 to 29 months for STEM students allows companies more time to attempt to obtain an H-1B visa for skilled students that they would like to hire. The ruling calls for automatically extending the period of stay and work authorization for all F-1 students with pending H-1B petitions. In addition, students will now be allowed to apply for OPT within 60 days of graduation.
According to the interim final rule, companies must be enrolled in the E-Verify Program in order to be eligible for OPT extensions. E-Verify is a controversial internet based system operated by the DHS that allows participating employers to electronically verify the employment eligibility of newly hired employees. We can provide you with more information about the advantages and disadvantages of the system.
While extending the OPT period for STEM students is only a small solution to a bigger problem, it may present a new window of opportunity for some U.S. companies. Please contact our office for more information on OPT's and the recent ruling from the DHS.
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State Department Unveils Nonimmigrant Visa Tracking System
Over the last few months, the Department of State (DOS) has implemented a new procedure for adjudicating non-immigrant visa applications and verifying an applicant's eligibility. The Petition Information Management Service (PIMS) allows DOS posts abroad to access a scanned record of a nonimmigrant petition approved by the U.S. Citizenship and Immigration Service (CIS) as the sole means of verification of petition validity. Eventually, a full copy of every nonimmigrant petition-based employment visa petition (H, L, O, P, Q) where an extension of stay, change of status, or petition amendment is requested will be entered into the PIMS System. According to the DOS, all information will be linked through this centrally managed system, allowing tracking of NIV petitioner and petition information.
Although Posts may continue to use an approved Petition for Nonimmigrant Worker (I-129) or Notice of Approval (I-797) presented by visa applicants as sufficient proof of approval to schedule an appointment and to begin adjudication of the visa, only the PIMS record constitutes verification of petition approval. Therefore, if the full petition does not appear in the PIMS system, an applicant's receipt of a non-immigrant visa may be delayed.
Due to the new PIMS system, there have been reports of delays in visa issuance while the DOS verifies that a petition has indeed been approved by CIS. As projected delays primarily impact applicants who will be leaving the U.S. to obtain a new visa after an extension of stay, change of status or amendment, we suggest that in this transition period, visa applicants allow a few extra days for their visa application to be approved by the Consulate or Embassy before scheduling return travel to the U.S.
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| I-94 Cards: Deceptively Small, Very Important
 The small white card nonimmigrants receive upon entry into the U.S. is called the I-94 Arrival/Departure Record. Another form of this card is sometimes found at the bottom of Approval Notices received from U.S. Citizenship and Immigration Services (CIS), when a request for an extension or change of status has been approved.
This card serves as official evidence of valid nonimmigrant status in the U.S. and immigration regulations state that this evidence should be carried with foreign nationals at all times. Therefore, all foreign nationals should always ensure that they have a valid I-94 document for any period of time they are in the U.S.
In addition, regardless of the expiration date noted on a CIS Approval Notice (Form I-797), the expiration date on the most recently issued I-94 document received upon entry into the United States marks the end of lawful admission into the United States. Generally, the I-94 document should be valid for the full length of the period indicated by the CIS Approval Notice. However, the expiration date of the I-94 will be limited to the date that an individual's passport expires, if it is earlier than the date on the CIS Approval Notice.
Conversely, a visa, issued by a U.S. Consulate or Embassy abroad, serves only as an entry document into the U.S. The visa must be valid when presented to U.S. Customs and Border officials by an individual seeking entry into the U.S., with certain exceptions. However, a valid visa does not need to be maintained while an individual is present in the U.S. Its renewal must be sought only by those intending to travel abroad and reenter the U.S. after its expiration. Should an individual possess a valid visa in an expired passport, it may be necessary to travel with both passports until a new visa may be requested. Typically, new visas should be requested no earlier than 60 days prior to the expiration of the current visa.
In summary, it is critical that all foreign nationals entering the U.S. after travel abroad review their I-94 cards closely to ensure the appropriate dates are indicated. Accruing unlawful presence in the U.S. can have severe consequences, including potential bars to entry for up to 10 years. Please do not hesitate to contact our office with any questions regarding this critical document.
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Grzeca Law Group, SC is an AV-rated law firm dedicated to providing superior professional service to the international business community by advising corporate clients on all aspects of employment-related immigration law.
Immigration Update has been prepared by Grzeca Law Group, S.C. for informational purposes and does not constitute legal advice. This information is not intended to create, and receipt of it does not consitute, lawyer-client relationship. Readers should not act upon this information without seeking advice from professional advisors. | |
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