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| Locations News Archives:March-December, 2005 | |||||||||||||||||||||||||||||||||||||||||||||
Washington, DC 888 Seventeenth St., NW Suite 700 Washington, DC 20006 Voice: (202) 463-4911 Fax: (202) 463-6177 Click here for directions Rockville, MD 20 Courthouse Square Suite 220 Rockville, Maryland 20850 Voice: (240) 456-0000 Fax: (240) 456-0002 Click here for directions
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Dec 19, 2005 -No H-1B Relief in Sight
According to the American Immigration
Lawyers Association (AILA), the U.S. House of Representatives omitted
provisions from recent proposed legislation that would have allowed for the
recapture of unused H-1B employment-based visas. With this recent setback
for relief from the H-1B visa cap, it seems less likely that Congress will
pass legislation that will provide for additional H-1B visas. In another
development, a recent measure to impose a $1,500 increase in filing fees for
L visas has failed to pass an initial mark up session in the U.S. House of
Representatives. We will continue to monitor the situation regarding any
additional H-1B visas that may become available, as well as any proposed
changes to filing fees. Oct 26, 2005 -New CIS Fee Schedule
The Citizenship and Immigration Service has implemented a new fee schedule as of today. Most filing fees have been raised by $5.00 - $10.00. The CIS will not accept any applications/petitions accompanied by the old fees after today. Oct 21, 2005 -Proposal to Provide H-1B Visa and Employment-Based Immigration Relief Passes Through Senate Judiciary Committee The
American Immigration Lawyers Association (AILA) has provided the following
information pertaining to H-1B Visa and Employment-Based Immigration Relief:
On October 20, as part of the budget reconciliation process, the Senate
Judiciary Committee held a markup of a proposal to provide temporary relief
from the H-1B visa blackout and the employment-based immigrant visa
backlogs, in exchange for increased fees on some petitions. Although it was
vehemently opposed by some Members of the Committee, the proposal ultimately
passed out of Committee by a strong 14-2 vote. A number of amendments were
defeated, including one by Senator Sessions (R-AL) to adopt the House
Judiciary Committee's approach of levying a $1,500 tax on L visas, and one
by Senator Hatch (R-UT) to impose a 5% increase on all immigration fees. An
amendment offered by Senator Feinstein (D-CA) to reduce the number of
recaptured H-1B visas available annually (from the original proposal of
60,000 to 30,000) did pass by a 10-5 vote. The final package would:
1. Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and
EB-3 categories.
2. Recapture unused employment-based visas from prior years for immediate
allocation of up to 90,000/year. (Estimates indicate there are only
90,000-100,000 unused numbers to be tapped.)
3. Exempt spouses and minor children from counting against the annual cap on
employment-based immigrant visas. (Estimates are that this would lead to an
annual increase of 80,000-90,000 employment-based immigrant visas.)
4. Allow individuals to apply for adjustment of status before an immigrant
visa is deemed currently available. (Of course, approval could not occur
until the visa number is available.)
5. Recapture approximately 300,000 unused H-1B numbers dating back to FY
1991. As a result of Senator Feinstein's amendment, 30,000 rather than
60,000 would be available annually. (In other words, effectively raising the
cap from 65,000 to 95,000 for at least 10 years.)
6. Impose a new fee on the recaptured H-1B visas so that the fees on the
original 65,000 H-1B allotment remain unchanged but the additional 30,000
available annually carry an additional $500 fee.
7. Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's
amendment and was necessary to offset the reduction in revenue resulting
from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
This proposal still must be reconciled in conference with the House's
alternative budget reconciliation bill, which imposes a $1,500 fee increase
on L visas. AILA indicates that these measures are a direct result of AILA’s advocacy efforts, and the efforts of all interested parties that have made their voices heard by calling, writing to and meeting with legislators. We at Nankin & Verma PLLC encourage our clients to take part in congressional advocacy efforts. Please call our office to learn how you can be a force for positive change! Oct 19, 2005 -Digital Photos for Passports – Deadline October 26, 2005
The Department of Homeland Security reminds visitors
from Visa Waiver Program countries that all passports issued on or after
October 26, 2005, must have a digital photograph. Click here for more the Press Release. Oct 18, 2005 -New On-Line Service for Third Country National Appointments at the U.S. Embassy in Mexico
The Department of Homeland Security reminds visitors
from Visa Waiver Program countries that all passports issued on or after
October 26, 2005, must have a digital photograph. Click here for more information.. Oct 17, 2005 -Department of Labor Confirms no Policy to Require Withdrawal of RIR Application Upon Filing a PERM Case Despite rumors to the contrary, the DOL has confirmed that it will not require the withdrawal of an RIR application pending at the Backlog Reduction Centers if a PERM application is also filed by the same petitioner for the same beneficiary. One must still be cognizant of the need to retain priority dates due to the current retrogressions with EB visas. Please call Nankin & Verma PLLC to see how we can help. Aug 12, 2005-H-1B Cap Reached for FY 2006 The United States Citizenship and Immigration Service (“USCIS”), on August 12, 2005, announced that it has reached the Congressionally mandated cap of 65,000 H-1B visas available for Fiscal Year 2006. According to the USCIS press release, the cap was reached on August 10, 2005, and USCIS will reject filings made after that date. For more information, please visit the following link, which will take you to the USCIS website: http://uscis.gov/graphics/publicaffairs/newsrels/H-1Bcap_12Aug05.pdf Aug 1, 2005 -H-1B Cap Information from CIS
The Citizenship and Immigration Service, on August 1, 2005, announced H visa
number usage as of July 31, 2005:
Current Cap Count for Non-Immigrant Worker Visas
*The 35K is an add-on to the normal FY’05 cap of 65K, which was reached
before the end of FY’05. **6,800 are set aside for the H-1B1 program under
terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements and to the
extent unused can first be made available for general use on October 1,
2006, the start of FY 2007.
H-1B
Established by the Immigration Act of 1990 (IMMACT), the H-1B nonimmigrant
visa category allows U.S. employers to augment the existing labor force with
highly skilled temporary workers. H-1B workers are admitted to the United
States for an initial period of three years, which may be extended for an
additional three years. The H-1B visa program is utilized by some U.S.
businesses and other organizations to employ foreign workers in specialty
occupations that require theoretical or technical expertise in a specialized
field. Typical H-1B occupations include architects, engineers, computer
programmers, accountants, doctors and college professors. The current annual
cap on the H-1B category is 65,000.
H-1B Advance Degree Exemption
The H-1B Visa Reform Act of 2004, which took effect on May 5, 2005, changed
the H-1B filing procedures for FY 2005 and for future fiscal years. The Act
also makes available 20,000 new H-1B visas for foreign workers with a
master’s or higher level degree from a U.S. academic institution.
H-2B
The H-2B visa category allows U.S. employers in industries with peak load,
seasonal or intermittent needs to augment their existing labor force with
temporary workers. The H-2B visa category also allows U.S. employers to
augment their existing labor force when necessary due to a one-time
occurrence which necessitates a temporary increase in workers. Typically,
H-2B workers fill labor needs in occupational areas such as construction,
health care, landscaping, lumber, manufacturing, food service/processing,
and resort/hospitality services.
On May 25, 2005, U.S. Citizenship and Immigration Services (USCIS) began
accepting additional petitions for H-2B workers as required by the Save Our
Small and Seasonal Businesses Act of 2005 (SOS Act). The SOS Act allowed
USCIS to accept filings beginning May 25, 2005 for two types of H-2B workers
seeking work start dates as early as immediately:
1. For FY 2005: Approximately 35,000 workers, who are new H-2B workers or
who are not certified as returning workers as set forth below, seeking work
start dates before October 1, 2005
2. For FY 2005 and 2006: All “returning workers,” meaning workers who
counted against the H-2B annual numerical limit of 66,000 during any one of
the three fiscal years preceding the fiscal year of the requested start
date. This means:
If a petition was approved only for “extension of stay” in H-2B status,
or only for change or addition of employers or terms of employment, the
worker was not counted against the numerical limit at that time and,
therefore, that particular approval cannot in itself result in the worker
being considered a “returning worker” in a new petition. Any worker not
certified as a “returning worker” will be subject to the numerical
limitation for the relevant fiscal year. Jul 15, 2005 -EB-1/EB-2 Rumors False According to the American Immigration Lawyers Association (AILA), the State Department has advised that listserve rumors circulating on the Web that the employment-based first and second preferences (EB-1/EB-2) will be unavailable for the remainder of the Fiscal Year are not true. There is some possibility that EB-2 categories will become unavailable for China and India this Fall, but as of now, both categories remain current. For more information, please see the August Visa Bulletin, which is available via the following the link: http://travel.state.gov/visa/frvi/bulletin/bulletin_2573.html Jul 12, 2005 -USCIS Update Regarding H-1B Exemptions U.S. Citizenship and Immigration Services (USCIS) announced today that it has received 8,069 H-1B petitions that will count against the exemption cap for fiscal year 2005. The exemption cap created an additional 20,000 new H-1B visas (in addition to the standard 65,000) available only to foreign workers with a minimum Master’s level degree from a U.S. academic institution. As of this date, approximately 12,000 of these exemption H-1B visas are left available for those individuals with a Master’s level degree or higher from a U.S. academic institution. Those interested in one of these special exemption visas are encouraged to contact Nankin & Verma PLLC as soon as possible. Jun 15, 2005 -H-1B Update on Fiscal Year 2006 Numbers USCIS has advised the American Immigration Lawyer’s Association that H-1B petitions for Fiscal Year 2006 are still available. There is also unofficial word that H-1B Petitions that are counted towards the 65,000 cap are coming in more slowly than in years past. However, it is still expected that available H-1B petitions for Fiscal Year 2006 will be exhausted well in advance of the actual start of Fiscal Year 2006, which is October 1, 2005. Nankin & Verma PLLC will continue to monitor this situation, but those who are considering a Fiscal Year 2006 H-1B are encouraged to file soon. Apr 1, 2005 -H-1B AlertAs of April 1, 2005, the U.S. Citizenship & Immigration Service (USCIS) began accepting H-1B petitions to be counted towards to the 65,000 available H-1B visas for fiscal year 2006. If filing for a new H-1B under the 65,000 which are available for fiscal year 2006, the petition must specify an employment start date no earlier than October 1, 2005, which is the first day of fiscal year 2006. The 65,000 available H-1B visas are expected to be exhausted quickly. Persons who are on existing valid H-1B visas who “port” to another employer are not subject to the 65,000 cap. Mar 29, 2005 - PERM Regulation ImplementedOn March 28, 2005, new PERM regulations were implemented. As we have previously reported, PERM is intended to significantly reduce processing times for obtaining a green card through employment based sponsorship. PERM also has many new important requirements, and we recommend that you contact us for an appointment to discuss your particular situation. Please see our news archives for a complete summary of new PERM regulations. Copyright © 2005 by Nankin & Verma PLLC. All rights reserved. Please click here for the full disclaimer. |
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