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GOING, GOING, GOING . . . GONE: CIS Updates FY 2008 Advanced Degree Filings.
April was the month of the disappearing H-1B
visa. As previously reported in the
VISASERVE.COM e-zine and various updates, CIS
quickly announced that it had met the 65,000
H-1B cap and that H-1Bs for Advanced Degree
Filings (U.S.-earned Masters or higher
degrees) were sought at an unprecedented rate.
To
read about the speed at which the H-1Bs were
utilized, click here...
TIS THE
SEASON TO CONSIDER A J-1: DOS Issues An
Exchange Visitor Update Cable.
The Department of State issued a visa
cable providing an update on J visa issues.
J-1 Exchange Visitor programs allow workers
to enter the U.S. as students, trainees, camp
counselors, nannies (and others) for a
temporary period. The J-1 visa allows an
individual to enter the U.S. when they are
issued a DS-2019 from a qualifying exchange
visitor program certified by the DOS. The J-1
nonimmigrant visa classification may work as
a substitute for the H-1B.
To
read the DOS Exchange Visitor Cable, click
here...
TIS ALSO THE
SEASON TO CONSIDER AN H-2B: DOL Updates SWA
And ETA H-2B Labor Certification
Procedures.
The U.S. Department of Labor ("DOL")
recently published a notice of an update for
procedures for State Workforce Agencies
("SWA") and ETA National Processing Centers
to process H-2B labor certification
applications in non-agricultural occupations.
The H-2B nonimmigrant classification allows
temporary non-agricultural workers to come to
the U.S. to meet seasonal, intermittent or
peak-load needs of an employer where there
are no U.S. workers who are able, willing and
qualified to accept the temporary
position(s). The H-2B nonimmigrant visa
classification may work as a substitute for
the H-1B.
To read the DOL Updates SWA And ETA H-2B
Labor Certification Procedures, click here...
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Dear Readers:
Spring has sprung! Spring, a time for growth
and augmentation, has ironically seen the
opposite in the H-1B nonimmigrant visa
classification. This year, H-1B nonimmigrant
visas for Bachelor's Degree or its equivalent
holders (65,000) vanished in only a few days
after the first day upon which the CIS would
entertain petition filings for an October 1st,
2007 start date. The Advanced Degree H-1Bs
(20,000) have also vanished quickly.
Our clients continue to seek creative ways
to deal with their staffing needs in light of
the H-1B cap. We continue to provide
suggestions about ways to deal with the
hardships thrust upon American businesses as a
result of this arbitrary cap. For more
information about ways to avoid the H-1B cap,
please feel free to e-mail us at info@visaserve.com.
For many, who have already received H-1B
approvals for the October 1st start date, we
continue to provide information about ways to
"fill the gap" without departing from the
United States. For more
information about ways to fill the gap,
please feel free to e-mail us at
info@visaserve.com.
A great deal of dust has been kicked-up by
the H-1B debate. Under that dust lies
pending Comprehensive Immigration Reform
("CIR") Bills. The immigration debate
continues to rage both at the State and Federal
levels. At the State level, issues are
focused on the extent to which local law
enforcement agencies play a role in
immigration enforcement. At the Federal
level, Congressional Hearings appear to be
focused on the potential impact of suggested
changes to the immigration law.
As the trees are blooming, the grass is
growing and the birds are singing, we are all
hoping that Congress will move forward with
haste and repair the injustices latent in the
present U.S. immigration and nationality
system.
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| PRESTO, CHANGO: DHS Issues Name Change for ICE And For CBP. |
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The Bureau of Immigration and Customs
Enforcement ("BICE") has changed its name to
U.S. Immigration and Customs Enforcement
("ICE"). The Bureau of Customs and Border
Protection ("BCBP") has changed its name to
U.S. Customs and Border Protection ("CBP").
Both changes took effect on March 31st, 2007.
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To read the Federal Register Notice, click here... |
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| WHAT'S NEW IN VISA-LAND: Update From DOS On IV And NIV Processing Delays. |
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The DOS recently updated the American
Immigration Lawyer's Association ("AILA")
about Immigrant Visa ("IV") and Nonimmigrant
Visa ("NIV") Processing Delays Worldwide.
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To read the Update (courtesy of AILA), click here... |
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| REASONABLE TIME? DHS Seeks Removal of the Standardized RFE Processing Timeframe. |
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The Federal Register recently reported a rule
that amends Department of Homeland Security
("DHS") regulations to provide flexibility to
CIS in setting the time allowed to applicants
and petitioners to respond to a Request for
Evidence ("RFE") or to a Notice of Intent to
Deny ("NOID").
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To read the CIS Fact Sheet, click here... |
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| GETTING RELIGION: CIS Proposes Religious Worker Visa Classification Revisions. |
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In 1990, Congress was spiritually enlightened
and they created the religious worker visa
classification. Recent governmental
investigations have determined that this
classification is fraught with fraud. CIS is
proposing significant revisions to its
regulations related to the special immigrant
(SR/SD) and nonimmigrant (R-1) religious
worker visa classifications.
To
read the CIS Fact Sheet, click here...
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To read the CIS Press Release, click here... |
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| LEAD TIME ALWAYS HELPFUL: CIS Announces An Extension Of Time For O And P Petitions. |
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CIS recently announced that it is giving
employers and agents more time to bring
foreign workers with extraordinary abilities
to the U.S. Petitioners can now file "O" and
"P" nonimmigrant petitions under normal
processing procedures up to one year before a
scheduled event, competition or performance.
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To read the new rule, click here... |
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| GETTING THE LOW DOWN ON PERM? DOL Statistics on PERM. |
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The DOL recently issued a Fact Sheet that
offers some interesting statistics about
Labor Certification processing using PERM
filings made
between March 28th, 2005 and March 2nd, 2007.
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To read the Fact Sheet, click here... |
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| WHAT IS A PERM PROFESSIONAL? BALCA Says Professional Recruitment Must Be Followed In A PERM Case Where An Employer Did Not Ask For A Bachelor's Degree. |
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In a recent case, the Board of Alien Labor
Certification Appeals ("BALCA") said that
there were three indications that the
Employer's Landscape Designer position was
the equivalent of a Landscape Architect
position under the O*NET guidelines which
warranted that the employer use professional
recruitment.
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To read In the Matter of Orlandi Landscaping Group, No. 2007-PER-00016 (BALCA, Apr. 9, 2007), click here... |
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| TIMELINESS OF A BENCHING COMPLAINT: LCA Regulations Make Benching a "Continuing Violation" Actionable For The LCA Employment Period. |
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In Gupta v. Jain Software Consulting,
Inc.,
the Administrative Law Judge ("ALJ") held
that the limitations period for
a benching complaint does not begin to run as
long as the employer maintains an employment
relationship with a nonimmigrant it has
chosen to place in nonproductive status . . .
In other words, the express terms of the
regulation make a benching violation a
"continuing violation" that remains
actionable for the duration of the employment
relationship as stipulated in the LCA.
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To read an overview of the case, click here... |
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| CANADA: An Appealing Immigration Destination. |
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The desire to immigrate to the United States
from all over the world is well known. What
some people don't realize, however, is that a
viable alternate immigration destination lies
just north of the U.S. border: Canada.
Canadians are known for their love of nature
and the outdoors, their friendly demeanor,
tolerance and openness to foreign cultures.
They have built a peaceful and economically
vibrant country, and are well regarded and
received anywhere they go, worldwide.
Nachman & Associates' Foreign Legal
Consultant from Canada, Ms. Véronique Malka
Nasser, provides an article outlining
Canada's history and culture.
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Click here to read Ms. Nasser's article... |
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