Monthly Archives: April 2008

CAP-SUBJECT H-1B RECEIPTS HAVE STARTED TRICKLING IN

As of late last week, law firms have been reporting that cap-subject H-1B receipts have started to come in or that checks have been deposited by the USCIS.  Within the next few weeks, beneficiaries and their employers should know if they were the lucky ones. 

We will immediately notify our clients as soon as a receipt is issued or we see that a filing fee check has been processed – no need to call.

PERM APPLICATIONS PENDING FOR MONTHS IN ATLANTA

The following is not legal advice.  Please consult a qualified immigration lawyer for advice regarding your unique legal issue.

Many immigration firms are experiencing unbelievable delays in the time it is taking the Atlanta Processing Center to adjudicate PERM applications.  After June 1, 2008, that center will be the only game in town, and unless they make some serious improvements, labor certification applications will probably take as long as they did before the PERM system came into place.

Those delays that result in eventual denials could have serious consequences for those who have been in the US in H status for several years and wish to extend their H-1B beyond the sixth year.  These individuals need to show that their labor certification application has been pending for at least 365 days to extend beyond six years.

The lesson:  File PERM applications early to allow for errors and delays that are inevitable with the current labor certification system.

ARE DEMOCRATS ANY BETTER THAN REPUBLICANS WHEN IT COMES TO IMMIGRATION REFORM?

According to an article on chron.com:  “The Congressional Hispanic Caucus denounced House Democratic leaders Wednesday as “spineless” and little better than Republicans for failing to take on comprehensive immigration reform.”

Immigration is a political hot potato that, at least in the current climate is best left alone.  The time to judge the Democrats will be starting in 2009.  Unfortunately, our system requires a lot of game-playing to get elected to office.  Avoiding the immigration issue is good strategy as I believe it is a lose-lose topic.

DHS PROPOSES BIOMETRIC AIRPORT AND SEAPORT EXIT PROCEDURES

According to a DHS Press Release from April 22, 2008:  “The U.S. Department of Homeland Security (DHS) announced today a notice of proposed rulemaking that will establish biometric exit procedures at all U.S air and sea ports of departure. The majority of the Canadians are already required to submit digital fingerprints and a digital photograph for admission into the country.*  The US-VISIT Exit proposal would require non-U.S. citizens who provide biometric identifiers for admission to also provide digital fingerprints when departing the country from any air or sea ports of departure.”

GUIDANCE FOR APPROVED VAWA SELF-PETITIONERS

According to a USCIS Fact Sheet:  “U.S. Citizenship and Immigration Services (USCIS) recently provided guidance to USCIS adjudicators for adjudicating Adjustment of Status (Form I-485) applications filed by Violence Against Women Act (VAWA) self-petitioners who are present in the United States without having been inspected and admitted or paroled. The guidance memo was issued on April 11, 2008.”