Volume 3, Issue 5, May 2007

 

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.

 

 

June Visa Bulletin Released
The Department of State has released the June Visa Bulletin. There has been significant movement in the EB2 and EB3 categories for all the countries. See below for comparison:
 

May 2007                                  June 2007

All Chargeability                        All Chargeability

EB3:  Aug 1, 2003                        EB3: June 1, 2005

China                                        China

EB2: April 22, 2005                       EB2: January 1, 2006

EB3: August 1, 2002                     EB3: June 1, 2003

India                                         India

EB2: January 8, 2003                    EB2: April 1, 2004

EB3: May 8, 2001                         EB3: June 1, 2003

Mexico                                      Mexico

EB3: May 15, 2001                        EB3: June 1, 2003

Philippines                                 Philippines

EB3: August 1, 2003                      EB3: June 1, 2005

 

For full chart see: http://travel.state.gov/visa/frvi/bulletin/bulletin_3236.html

 

H-1b Master's Cap Reached

On May 4th, the USCIS announced that it had received a sufficient number of petitions to meet the 20,000 H-1B master’s cap exemption for those individuals holding a master’s degree or higher from a US institution. The final receipt date for these cases is April 30, 2007. Any cases received after that date are being returned unless otherwise eligible for a separate cap exemption.
http://www.uscis.gov/files/pressrelease/H1Bfy08CapUpdate050407.pdf

 

Receipt Notice Delay - Expected Delivery

In a press release dated May 11, 2007, the USCIS acknowledged that due to the large volume of petitions received, there would be significant delay in the dispatching of receipt notices.  The USCIS issued a number of projections for expected receipting and data entry processing for H-1B cap cases. Below are the expected receipting dates for the service centers:

- California Service Center: June 15, 2007

- Nebraska Service Center: May 10, 2007

- Texas Service Center: May 10, 2007

- Vermont Service Center: June 2, 2007

 

The USCIS is encouraging inquiries to be made only after 30 days of the above dates for receipt notices not received.

http://www.uscis.gov/files/pressrelease/H1BReceipts051107.pdf

 

End of Substitution?

As of Friday, April 27th, 2007, the federal Office of Management and Budget (OMB) cleared its review of the Department of Labor’s (DOL) proposed regulation that would eliminate substitution of aliens in labor certification proceedings, bar the payment by the alien of the employer’s attorney’s fees and other labor certification costs, institute a 45 day validity on labor certifications and enhance penalties for violations of labor certification regulations. The regulation, will now go through the DOL for final review. Whether all points in the proposed regulation will be included in the final rule remains to be seen.


The publication of the final rule and effective date has not yet occurred but are imminent. In anticipation of this final rule, clients are encouraged to contact their HLG attorney to discuss options on their pending Green Card cases.

http://www.hammondlawfirm.com/alerts/h-1_masters_cap_reached.htm

 

Media Voices Concerns Over H-1b Quota
Following the announcement that the H-1B cap had been filled on the first day, the media has used their resources to highlight the impact of the quota being met on the nation’s economy and resources. In two recent articles entitled “Skilled Masses” (Washington Post) and “Foreign-born grads stymied by work visas quota” (The Boston Globe), the authors highlight how the lack of H-1B visas has robbed the US of valuable, talented individuals. They also mention the possibility of relief via a Congressional bill, writing “Congress is considering several bills that address the need to reform the H-1B program, including two that would raise the cap to 115,000. If they [Congress] want America’s high-tech industries to stay innovative, members of Congress should address the labor problem vis-à-vis visas--and preferably before the class of 2007 heads home.”

For full articles see:
http://www.hammondlawfirm.com/alerts/h-1_masters_cap_reached.htm
http://www.boston.com/business/articles/2007/04/27/foreign_born_grads_stymied_by_work_visas_quota/

 

HLG Welcomes Katie P. Orton

Katie joined the firm as an associate in April 2007. Katie previously worked for a large firm in Indianapolis as an immigration attorney specializing in employment and family based cases. Throughout law school, Katie worked as a law clerk at a legal aid clinic and practiced exclusively in family based immigration, refugee, and asylum law.  Katie speaks French and is a member of the American Immigration Lawyers Association (AILA), American Bar Association, and the Indianapolis Bar Association
Read Katie's full bio:

http://www.hammondlawfirm.com/bios/katie_p_orton_bio.htm


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

 
 

Visit www.HammondLawFirm.com

Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications: Immigration Alerts, Business Immigration Monthly, Medical Monthly Monitor and the Business Immigration Journal. http://www.hammondlawfirm.com/mailing_list.htm