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. 
May Visa Bulletin Released The Department of State has released the May Visa Bulletin. The Bulletin shows a one year jump in the EB3 category for “All Chargeability Areas Except Those Listed” and the “Philippines” to August 1, 2003. All other categories have remained unchanged. See: http://travel.state.gov/visa/frvi/bulletin/bulletin_3219.html H-1(b) Cap Reached on First Day The USCIS has announced that on April 2, the first day of the cap, the H-1 cap was reached. The USCIS' press release says that about 150,000 packages were received on April 2, the first day that H-1(b)'s were accepted for filing. In accordance with the Regulations, the USCIS will subject H-1B petitions received on April 2nd and April 3rd to a computer-generated random selection process. Employers should expect that only about one out of every three filed cases will be approvable. http://www.hammondlawfirm.com/alerts/h-1_cap_has_been_reached.htm
Master's Cap Numbers Still Available In a USCIS press release dated April 10, 2007, the USCIS announced that it had determined 119,193 of the petitions received on April 2nd and 3rd were subject to the FY2008 congressionally mandated cap. Only 12,989 cases have requested exemption from the cap under the US Master’s cap exemption. This leaves an approximately 7,011 visas available under the Master’s cap exemption. However, likely these numbers too will exhaust soon. See: http://www.uscis.gov/files/pressrelease/H1Bfy08CapUpdate041007.pdf http://www.hammondlawfirm.com/alerts/h-1_masters_cap_still_open.htm
USCIS Announces Handling of
Premium Processed New H-1(b)'s The USCIS has announced that given the large volume of petitions filed, the 15-day premium processing period for petitions filed and subject to the cap will begin after the computer-generated random lottery system has selected the petitions that will be processed. See: http://www.uscis.gov/files/pressrelease/H1Bfy08PremProc040907.pdf Take Action to Increase the H-1(b) Cap! This year’s record-breaking H-1B blackout is clear proof of the inadequacy of the current H-1B quota. We, at HLG, urge you to contact your Senator or Representative to urge them to make a change and increase the H-1B cap. The American Immigration Lawyers Association (AILA) has established an easy way to send a letter to your Congressmen. Simply click here: http://capwiz.com/aila2/issues/alert/?alertid=9589591&type=CO. Without any congressional relief, likely the trend of H-1B blackouts will continue in the years ahead.
USCIS Becomes Flexible in Responses
to NOIDS and RFEs The USCIS has announced that they have implemented a new rule to take effect June 16, 2007 that will allow the USCIS flexibility in setting an appropriate deadline for responses to requests for evidences or notice of intents to deny. The USCIS will consider such factors as the type of evidence requested, the availability of the evidence and whether it is new or additional evidence. The response deadlines, however, will not exceed 12 weeks for an RFE and 30 days for a NOID response. http://www.uscis.gov/files/pressrelease/RFEPressRelease041207.pdf "Tech Companies Blast 2008 H-1(b) Visa Cap" In a recent CNN.com article, technology companies comment on the H-1B cap being exhausted in one day. Emphasizing their distress, Robert Hoffman, Oracle vice president and co-chairman of a technology coalition group by the name of Compete America states, “[O]ur broken visa policies for highly educated foreign professionals are not only counterproductive, they are anticompetitive and detrimental to America’s long-term economic competitiveness.” The tech companies and coalition groups are urging Congress to increase the cap numbers. For full article see: http://www.cnn.com/2007/TECH/biztech/04/04/tech.visas.ap/index.html
Industry Spotlight: IT Consulting
Immigration Update for IT Firms & Professionals Monday, May 21 / Chicago Area Doubletree Hotel Chicago-Schaumburg This free seminar will focus on the unique immigration challenges faced by the IT community. Our attorneys will discuss specific best practices and strategies that will benefit information technology firms and their professionals. This event will be interactive and feature a Q&A session. Register at: http://www.hammondlawfirm.com/chicago_seminar_2007.htm View HLG Event Calendar at: http://www.hammondlawfirm.com |