Author: SCwpadmin

by SCwpadmin SCwpadmin 10 Comments

H-1B Cap-Subject Petitions

USCIS has reported that as of June 11, 2010 it has issued receipts for 22,000 H-1B cap-subject petitions, leaving 43,000 available H-1Bs in the general or “bachelor’s cap” allotment. The prior update was 3 weeks ago at which time approximately 19,000 receipts had been issued. Therefore, it appears about 1000 H-1Bs are being filed each week.

USCIS has issued 9,400 H-1B receipts for those with advanced degrees, leaving 10,600 H1Bs available in the “master’s cap” allotment. In the event that the master’s cap allotment is used up before the general cap allotment, those with advanced degrees will then be counted as part of the general cap allotment.

by SCwpadmin SCwpadmin 73 Comments

U.S. Supreme Court Addresses Immigration

In Carachuri-Rosendo v. Holder, the U.S. Supreme Court unanimously reversed the decisions of the U.S. Court of Appeals and an Immigration Judge, holding that second or subsequent simple possession offenses are not aggravated felonies under immigration law when the state conviction is not based on the fact of a prior conviction. Because immigrants convicted of aggravated felonies under immigration law are ineligible to apply for cancellation of removal, this is a significant decision that will give thousands of immigrants the chance to fight their deportation cases.

by SCwpadmin SCwpadmin 227 Comments

COMPLAINT FILED AGAINST USCIS EMPLOYER-EMPLOYEE/THIRD PARTY PLACEMENT MEMO

On January 8, 2010, USCIS issued a very troublesome Memo which changed decades of immigration law. The Memo changed the definition of “employer” for immigration petitions in a way that makes it more difficult for owners of companies to obtain non-immigrant visas. It also makes it more difficult for computer consulting companies to obtain H-1B visas for their consultants. The complaint, which includes an application for preliminary injunction, was filed in the United States District Court for the District of Columbia. Hopefully, this lawsuit will lead to a settlement or a favorable verdict so that the more unreasonable aspects of this Memo will be ameliorated.

by SCwpadmin SCwpadmin 8 Comments

USCIS Proposes to Raise Fees

U.S. Citizenship and Immigration Services (USCIS) is seeking an increase in immigration application fees in order to offset the gap between the agency’s projected $2.1 billion in revenue and $2.3 billion in costs for 2010-2011. The proposed federal rule would increase fees by a weighted average of approximately 10 percent. Fees for citizenship applications would not increase. American Immigration Lawyers Association President Bernard Wolfsdorf expressed disappointment that the increased fees will not be accompanied by improvements in the quality or efficiency of USCIS decision-making.

by SCwpadmin SCwpadmin No Comments

USCIS STARTS ISSUING NEW WORK CARDS

USCIS has started issuing new versions of Green Cards, (I-551), which are actually green, and new Employment Authorization Documents, (EAD). USCIS started issuing the new cards in May but will still be accepting old Green Cards and EADs until their expiration date. The new cards have better security features and are less susceptible to fraud and counterfeiting. HR professionals should note these new changes for I-9 purposes.

by SCwpadmin SCwpadmin 33 Comments

H-1B Count Update

According to USCIS, as of May 11, 2010, a total of 25,600 H-1B cap petitions have been received. Of these 7,600 are in the master’s cap for which 20,000 H-1Bs are available, and 18,000 are in the regular cap for which 65,000 H-1Bs are available.

by SCwpadmin SCwpadmin 89 Comments

H-1B Count

As of April 22, 2010, USCIS had allotted 16,025 H1Bs from the 65,000 available in the general allotment, and 6,739 H1Bs from the additional 20,000 available for individuals who have completed an advanced degree in the U.S.

by SCwpadmin SCwpadmin 93 Comments

DHS Announces New Initiative to Improve E-Verify

On March 17th the director of the Department of Homeland Security and the director of USCIS announced three new initiatives to improve E-verify which include streamlined adjudication processes, and an informational telephone hotline and new training videos on E-Verify procedures and policies in English and Spanish.

The debate about the efficacy of E-verify rages on. The government continues to seek new ways to impose E-verify on employers while civil rights and immigrant rights groups complain about the errors and problems inherent in the E-verify system. These new initiatives are meant to address these concerns so that the Government can continue its efforts to expand the use of E-verify. A bill to make use of E-verify mandatory in Colorado was defeated in the Colorado Legislature.

by SCwpadmin SCwpadmin 105 Comments

Comprehensive Immigration Reform Moving Forward

Senators Charles Schumer (D-NY) and Lindsey Graham (R-SC) have prepared and presented a bi-partisan blue print for immigration reform legislation. President Obama has met with the two senators to discuss the future of comprehensive immigration reform. Now that the Congress had concluded its work on health care reform, there is some hope that it will turn its attention to comprehensive immigration reform pursuant to the blue print created by the two senators. It is still too early to determine what impact the debate on health care reform will have on Congress’s ability and willingness to move forward on comprehensive immigration reform or any other major pieces of legislation – stay tuned.

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