Immigration Visa Attorney Blog

The United States Citizenship and Immigrations Services announced in a statement released Thursday that the cap number for regular H-1B petitions has been reached.

65,000 Bachelor's degree petitions have been accepted by the USCIS, drawing to a close the process for fiscal year (FY) 2011. Applications were accepted beginning on April 1, with the 20,000 Master's cap reached in early January.

Employers who would like to file for an H-1B visa for the period beginning Oct. 1 of FY 2012 will not be able to petition the USCIS until April 1 of this year.

In it's statement the USCIS said it will continue to accept petitions filed to:

-Extend the amount of time a current H-1B worker may remain in the U.S.
-Change the terms of employment for current H-1B workers;
-Allow current H-1B workers to change employers
-Allow current H-1B workers to work concurrently in a second H-1B position.

The cap number for FY 2011 was reached approximately five weeks later than it was last year. The USCIS announced it had reached the regular cap for FY 2010 on Dec. 21 of 2009.

Continue reading "2010 H-1B Cap Reached for FY 2011 " »

Those residents of our local Columbus, OH community interested in being granted U.S. citizenship should make sure they are familiar with all parts of the process. An area which usually raises questions is continuity of residency.

To be eligible for Naturalization a lawful permanent resident needs to reside continuously in the U.S. for at least five years, or three years if married to a U.S. citizen and having lived with that same U.S. citizen during the entire residency.

The continuity of residence requirement needs to be met before filing a naturalization application.

Generally speaking, traveling outside the U.S. for less than six months does not interrupt continuous residence. But traveling outside the country for more than six months does raise a presumption that continuity of residence has been interrupted.

Such presumption can be rebutted by providing evidence to establish continuous residence, such as presence of immediate family in the U.S., non-termination employment in the U.S. or retention of full access to a U.S. home.

The burden of proof rests with the applicant. In cases where an applicant left the country to study abroad after they became a permanent resident, the courts have ruled that such study does not result in abandonment of residency. Li v. Chertoff, 490 F.Supp.2d 130 (D. Mass. 2007).

Continue reading "Continuity of Residence Requirement for Naturalization Application" »

Late last week the United States Citizenship and Immigration Services released the most recent count for its H-1B visas. Interested parties in and around Columbus, OH, should be aware the cap could be reached in less than ten days.

Having reached the Master's Cap early this month, the USCIS is now nearly at the 65,000 cap for Regular Petitions. As of Friday there had been 62,800 eligible petitions received.

The January 4 update revealed that the 20,000 cap for Master's petitions had been reached.

Applications have been accepted by the USCIS since April 1 and the agency will continue to do so until the 65,000 number is reached.

The process of applying for these petitions is a somewhat complex one which includes completion of Form-129. The best opportunity for approval involves help from experienced counsel.

On Wednesday federal agents from the United States department of Homeland
Security searched California's Tri-Valley University, as well as the home of the school's president, reportedly in connection with a criminal immigration investigation. The story is one that should be monitored by students in Ohio and Michigan that are involved, or are considering involvement, with student visa programs like the F-1.

Media outlets have reported agents from Immigration and Customs Enforcement were seen taking pictures and video at locations in the city of Pleasanton. The raid reportedly began early in the morning and included several properties linked to the school.

One of the targets appears to be Susan Su, Tri-Valley's president and founder. Agents were seen at a 6,400 square foot home on a nearby golf course which records show Su purchased in early December.

Agents told a local TV station the raids were part of an "ongoing criminal investigation into the school and its administration."

Continue reading ""Homeland Security Raids University"" »

A recent decision handed down by the Board of Alien Labor Certification (BALCA) ruled that the Certifying Officer's (CO) demand for proof a State Workforce Agency job order was actual run is not covered by permanent labor certification (PERM) regulations. It is an issue which could easily present itself in a community like Columbus, OH.

In the case in question, an employer had its initial request for a nonprofessional position (baker) to be certified denied on the grounds it could not be verified as a legitimate business. After the employer responded with what it deemed evidence it was a business entity the CO issued an audit requesting recruitment efforts as well as some proof of publication by the SWA containing content of the job order.

The employer's audit response contained fax proof of a job order request made to the New Jersey Department of Labor as well as a copy of the job order form.

The CO ultimately denied certification, stating that the documentation was not what the audit requested. The employer countered that the denial was based on proof of the SWA job order and both the fax it provided, along with the copy of the original job order meant it was in compliance. The employer added that certified copies were not aviailable from the SWA because of a record purge prior to the audit and that the bank under which the order had run no longer existed.

Based on a requirement that employer must retain documentation supporting application for five years the CO denied reconsideration and forwarded the case to BALCA.

Continue reading "Columbus Labor Certification Attorney on Evidence of Job Order Placement" »

We wanted to make sure everyone was aware that the cut-off date currently provided by the Consulate's website (mumbai.usconsulate.gov) regarding EB-2 visas for individuals born in India is incorrect.

The current date is actually May 8, 2006, as stated in the U.S. Department of State's February 2011 Visa Bulletin.

As of January 11th the Indian Consulate was still incorrectly listing the E2 date as "current."

The non-partisan National Foundation for American Policy said in a report this month it believes recent fee hikes by the United States for the H-1B and L-1 visas are in violation of commitments made under the General Agreement on Trade in Services (GATS).

Both H-1B and L-1 visas are temporary non-immigrant visas. H-1B allows U.S. companies to hire foreign workers in specialty fields while L-1 is used by foreign companies which plan to move existing employees to additional offices in the U.S.

Continue reading "H-1B & L-1 Visa Fee Increase by U.S. Violates GATS Commitment" »

The United States Citizenship and Immigration Services released the latest information for the H-1B visas today and the announcement reveals the Master's Cap has been reached.

As of Dec. 31 there have been 57,300 regular petitions received by the USICS out of a total cap number of 65,000.

As mentioned the Master's cap number is at its 20,000 visa limit.

Continue reading "January 4 Update for H-1B Cap-Subject Petitions - Cap Reached" »