The Livesay & Myers Blog
2009 Country Reports on Human Rights PracticesDOS, March 11, 2010.
U.S. Citizenship and Immigration Services (USCIS) announced on March 8, 2010 that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the date that the petition is postmarked.
The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Additionally, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.
USCIS will monitor the number of petitions received and will notify the public of the date on which USCIS received the necessary number of petitions to meet the H-1B cap. If needed, USCIS will randomly select the number of petitions required to reach … Read More »
The National Visa Center (NVC) at Portsmouth, New Hampshire has released its Annual Report of Immigrant Visa Applicants in the Family-sponsored and Employment-based preferences Registered as of November 1, 2009.
The report shows the numberof immigrant visa applicants on the waiting list in the various preferences and subcategories subject to numerical limits, and is worth reading for anyone on the list.
Contact UsIf you or a loved one require legal assistance with an immigration law matter, contact us to schedule your initial consultation with an experienced immigration attorney today. Our immigration lawyers represent clients throughout Virginia, Maryland and the District of Columbia.
The Department of State (DOS) is responsible for administering the provisions of the Immigration and Nationality Act (INA) relating to the numerical limitations on immigrant visa issuances. This DOS information sheet explains the operation of the immigrant number allotment and control system.
How The System Operates
At the beginning of each month, the Visa Office (VO) receives a report from each consular post listing totals of documentarily qualified immigrant visa applicants in categories subject to numerical limitation. Cases are grouped by foreign state chargeability/preference/priority date. No names are reported. During the first week of each month, this documentarily qualified demand is tabulated.
VO subdivides the annual preference and foreign state limitations specified by the INA into monthly allotments. The totals of documentarily qualified applicants which have been reported to VO, are compared each month with the numbers available for the next regular allotment. … Read More »
Pushback Over Border Busts“After warning federal prosecutors for two years, Judge Sam Sparks was fed up with the parade of nonviolent illegal aliens in the overburdened courtrooms in his Texas division. What he did next, said lawyers across the country, was astounding and unprecedented.” Marcia Coyle, NLJ, March 1, 2010.
ICE “Surge” Targets Aliens With Criminal Records“The nation’s top immigration cop said Friday that the Obama administration is stepping up enforcement against immigrants who commit crimes and will move aggressively against employers who hire unauthorized labor.” Dallas Morning News, February 27, 2010.
U.S. Citizenship and Immigration Services (USCIS) has provided detailed information regarding the Employ American Workers Act (EAWA) and H1-B petitions.
On Feb. 17, 2009, President Obama signed into law the American Recovery and Reinvestment Act (commonly known as the “stimulus bill”). The stimulus bill contained the Employ American Workers Act (“EAWA”).
EAWA took effect on February 17, 2009 and will expire on February 17, 2011. EAWA prevents a company from displacing U.S. workers when hiring H-1B specialty occupation workers if the company received funds through the Troubled Asset Relief Program (TARP), or under section 13 of the Federal Reserve Act (collectively referred to as “covered funding”).
EAWA affects the current Labor Condition Application (LCA) process administered by Department of Labor (DOL) and the USCIS petition process for companies seeking H-1B workers. Companies subject to EAWA will now need to make new statements regarding … Read More »
On January 18, 2010, Department of Homeland Security (DHS) Secretary Janet Napolitano, in coordination with the U.S. Department of State, announced a humanitarian parole policy allowing orphaned children from Haiti to enter the United States temporarily on an individual basis to ensure that they receive the care they need—as part of the U.S. government’s ongoing support of international recovery efforts after last week’s earthquake.
“We are committed to doing everything we can to help reunite families in Haiti during this very difficult time,” said Secretary Napolitano. “While we remain focused on family reunification in Haiti, authorizing the use of humanitarian parole for orphans who are eligible for adoption in the United States will allow them to receive the care they need here.”
Humanitarian parole into the United States may be granted by the Secretary of Homeland Security to bring otherwise inadmissible individuals … Read More »
Temporary Protected Status (TPS) has been granted for undocumented Haitians who have been in the United States as of January 12, 2010. The registration period will likely start next week and will last for 180 days. During that time, the law firm of Livesay & Myers, P.C. will file TPS applications for qualified applicants, including work permits. Applicants must prove their Haitian nationality with documents such as a passport or birth certificate.
Our immigration lawyers charge a flat legal fee of $250 for such TPS applications. In addition to that legal fee, the following costs apply: $50 TPS registration fee, $80 biometrics fee (no biometrics fee if applicant is under 14), and $340 work permit fee.
If you or a loved one require assistance with an application for Temporary Protected Status (TPS), or any other immigration law matter, contact us to schedule your initial consultation … Read More »
Department of Homeland Security (DHS) Secretary Janet Napolitano announced on January 15, 2010 the publication of a rule formalizing the longstanding DHS policy to expedite and streamline the citizenship process for men and women bravely serving in America’s armed forces.
“The foundation of our national security is the patriotic service and extraordinary sacrifices made by the men and women of our armed forces,” said Secretary Napolitano. “Expediting the citizenship process for service members reflects our commitment to honoring those who come from all over the world to serve our country and become its newest citizens.”
The rule amends DHS regulations to conform to the National Defense Authorization Act of 2004, reducing the time requirements for naturalization through military service from three years to one year for applicants who served during peacetime, and extending benefits to members of the Selected Reserve of the … Read More »
U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B “specialty occupation” classification. The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The memorandum is titled: “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements: Additions to Officer’s Field Manual (AFM) Chapter 31.3(g)(15)(AFM Update AD 10-24).” In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.
Questions & Answers
Q: Does this memorandum change any of the requirements to establish eligibility … Read More »