| | The Business Immigration Monthly is Hammond Law Group’s latest web-based newsletter, directed at international workers and employers seeking the most up-to-date news on U.S. immigration issues, specifically those that impact workers on H, L, E, and O visas and workers seeking permanent residency. February Featured Article Written by Amy Dalal, Attorney, Hammond Law Group, LLC 
March 2008 Visa Bulletin
The Department of State has released the March Visa Bulletin. There was big movement in almost all of the categories, including EB3 All Chargeability (went from November 1, 2002 to January 1, 2005), EB2 China (went from January 1, 2003 to December 1, 2003), EB3 China (went from November 15, 2001 to December 1, 2002), and EB3 Philippines (went from November 1, 2002 to January 1, 2005). Unfortunately, EB2 India remains unavailable and EB3 India moved from May 8, 2001 to August 1, 2001.
For full visa bulletin see: http://travel.state.gov/visa/frvi/bulletin/bulletin_3953.html
USCIS Issues Revised Guidance on I-485 Processing with Regards to Name Checks
On February 4th, USCIS’ Associate Director of Domestic Operations, Michael Aytes released revised guidance with regards to adjudication of I-485 petitions where FBI name checks were taking a lengthy amount of time to clear. In this memo, Director Aytes writes, “[w]here the application (I-485) is otherwise approvable and the FBI name check request has been pending for more than 180 days, the adjudicator shall approve the I-485, I-601, I-687, or I-698 and proceed with the card issuance.” A caveat was included in the memo stating that the USCIS reserves the right to rescind the card issuance and initiate removal proceedings where adverse information results from the FBI name check after the case is approved. With this memo, Director Aytes confidently states the FBI is committed to providing these name check results within the 180 timeframe.
http://www.h1cap.com/2008/02/07/uscis-changes-name-check-policy/
USCIS Consolidates Fingerprint Notices for I-485s
The USCIS has announced that it will begin consolidating biometrics collection (i.e. fingerprints) when employment based I-485, adjustment of status applications and I-765, employment authorization requests are filed at the same time at one of the Service Centers. Applicants who concurrently file the I-485 and I-765 forms will now receive just one biometric appointment notice, rather than the two that were previously sent. This change will also reduce the customers’ biometrics fee to one $80 fee.
The process will still remain the same for those applicants who do not file the I-765 and I-485 concurrently.
http://www.uscis.gov/files/pressrelease/USCISUpdate(biometricchanges)(17Feb08).pdf
E-Verify Program Members Steadily Increasing
As of February 12, 2008, the E-Verify program had more than 52,000 employers voluntarily sign up to participate in the program, with more than 1,000 new employers signing up each week. E-Verify is the nation’s employment authorization status verification program used by employers to verify the employment eligibility of newly-hired employees. USCIS operates this program in partnership with the Social Security Administration. Participation in E-Verify is generally voluntary with a handful of states requiring certain employers to participate and comply with a federal work authorization verification program. Of this success, USCIS Director Emilio Gonzalez comments, “E-Verify is a valuable tool, and we congratulate the thousands of employers who are making a positive impact on our nation’s security.”
http://www.uscis.gov/files/pressrelease/everify12022008.pdf
USCIS Receipting Update
As of February 15, 2008, all receipting operations at the USCIS Service Centers are current.
USCIS Link
Illegal Indians on the Rise
In a recent Mercury News Article entitled “Illegal émigrés defy the image”, Author Mike Swift comments on the growing number of undocumented illegal Indian immigrants in the Bay Area. Swift writes, “[t]urning stereotypes on their head, a recent federal analysis of unauthorized immigration says the most rapidly growing source of illegal immigration is India- the same country whose engineers and programmers help power Google and other Silicon Valley companies, whose doctors heal the Bay Area’s sick, and whose entrepreneurs and venture capitalists have become a force on both sides of the international date line.” The US Department of Homeland Security estimates nearly 270,000 undocumented Indian reside in the US, fourth only behind Mexico, El Salvador and Guatemala. Almost all of these undocumented aliens entered the US legally but violated the terms of their visas, a clear outcome of the much flawed immigration system. As Frank D. Bean, director of the Immigration Research Center at the University of California-Irvine comments, “Unless Congress reforms the immigration system, ‘we are going to see this high-skilled, illegal workforce emerging. From a narrow economic point of view, it might work. From a social justice, fairness point of view, it’s a time bomb.’”
For full article see: http://www.mercurynews.com/valley/ci_8293975?nclick_check=1
HLG to Speak at NACCB NY/NJ/CT Chapter Dinner
Partner Chris Musillo will be the featured speaker at the National Association of Computer Consulting Businesses (NACCB) NY/NJ/CT chapter dinner on March 11, 2008 in New York City.
http://www.hammondlawfirm.com/
REMINDER: H-1b Cap Fast Approaching!!!
The H-1B cap is fast approaching…make sure to get in contact with your HLG attorney to start preparations. For current up-to-date information, stay tuned to HLG’s blog: http://www.h1cap.com/
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