Despite the mostly poor news I note above, there are some good signs in the direction of the all powerful immigration winds.  Blowing our way is the fact that beginning April 1st, we will once again be able to submit H-1B petitions (for a start date of October 1st).  I have also noticed that, in general, the USCIS is processing petitions and applications much faster than in past times. 

 It is too early to determine if Congress will seriously try to make improvements in immigration laws, but I am hopeful.

In the meantime, Garg & Associates will monitor changes in the immigration field and continue to inform you of the latest information.

The USCIS just released its latest H-1B count.  So far this fiscal year, it has received 53,800 petitions for new H-1B employment under the 65,000 Cap.  Yearly, there are also an additional 20,000 H-1B numbers available for those with U.S. Master degrees or higher, but that cap has now been reached; thus, those with Master degrees will now have to fit under the 65,000 Cap.

While it is impossible to say exactly how long H-1B visas will remain available, it is certainly possible that the numbers will be exhausted in the next one to two months.  From that time on, H-1B visas will not be available until October 1, 2010.  Therefore, if you are thinking of using this classification, I recommend that you seek immigration assistance as soon as possible.  Also, there are a number of exceptions to the annual Cap.  A qualified immigration attorney can provide advice regarding these exceptions. 

The above-mentioned programs have been lingering in limbo for an extended time while Congress has been debating extensions.  The passage of the bill will end a difficult period of uncertainty for many foreign nationals.  Although the President still needs to sign the bill to make it law, it appears the President will put his signature on it.  You may contact us if you need an Immigration Attorney to help you with one of these programs.

(1) Reinstate USCIS’ previous practice of temporarily accepting an H-1B petition (Form I-129) supported by proof of timely filing of an LCA application with DOL, and issue a Request for Evidence (RFE) whereby the H-1B petitioner later provides the certified LCA; and

(2) Establish a temporary policy under which USCIS would excuse late H-1B filings where the petitioner has documented an LCA submission to DOL that was improperly rejected.

The cause of this change in policy can be traced to deficiencies in the Department of Labor’s new LCA technology.  The new program is meant to make the process of obtaining an LCA more efficient, but as with many other releases of new technology, the progress comes with defects.  There have been numerous delays and improper denials of LCAs because of program defects.  In addition, I have noticed that the language implemented in the new application is convoluted and difficult to understand, which makes it harder for most people to use. 

The USCIS has made a very reasonable accomodation to employers facing difficulties with the LCA.  Still, the government will not approve the H-1B petition until the sponsor obtains an approved LCA.  Thus, it is critical that the DOL improve its new system as soon as possible.

 If you are facing an H-1B problem, or simply want to start the process, you may contact our Long Beach immigration attorney. 

The new Visa Bulletin reports that the wait for a 3rd preference immigrant visa is seven years for those in the world-wide category.  If you are from India, the wait is a year longer.  For those with master’s degree who fit into the second preference category, the Visa Bulletin is current unless you are from China (a four year wait) or India (nearly a five year wait). 

 The Family-based categories also remain ridiculously backlogged.  Unmarried sons and daughters of U.S. citizens face a line requiring a six year wait for most people.  If you are from Mexico, the wait is seventeen years!  A brother or sister petition for Philippine nationals is worthless until you have waited twenty-two years!

I certainly hope that Congress and the President address these backlogs in a new Comprehensive Immigration Bill.  Unfortunately they have their hands full with health care issues, but, being an optimist, I am hopeful that next year they will fix many of the system flaws that have been present in the immigration process for years. 

 In the meantime, if you have an immigration issue, contact us.  The immigration attorneys with Garg & Associates will be happy to look for the best available methods to address your immigration concerns. 

Even if the United States Citizenship and Immigration Services (USCIS) issues you a travel permit, you should ask an immigration attorney if travel is recommended.  Many people seeking a green card obtain advance parole when applying for adjustment of status.  The USCIS does not analyze if travel is problematic when issuing these documents; they simply issue the travel document.  If a non-citizen is barred from reentry because of prior unlawful status or a previous conviction, the advance parole document will offer no protection to the individual.  In some cases, the traveler will not be allowed to return to the United States for ten years.

Permanent residents also must understand the potential consequences of travel.  For example, when permanent residents leave the United States for longer than six  months, the USCIS will sometimes seek to terminate their green card status on the basis that they abandoned their residence in the United States.  A trip of one year will automatically terminate green card status, unless the traveler has obtained a reentry permit. 

For those contemplating naturalization, an immigration attorney can help formulate a strategy for a frequent traveler to meet the physical presence and continuous residence requirements for citizenship. 

The above travel concerns touch on just a few of the many possible travel issues for non-citizens.  The immigration attorneys at Garg & Associates, PC can answer your travel questions or any other immigration concerns you may have.   

When premium processing was first instituted, many believed that it inappropriately gave a benefit to the rich, and that those without much money would see longer lines while the premium processing beneficiaries received swift approvals.  My experience is that most people, regardless of their incomes, prefer to use premium processing, and I haven’t heard many complaints, except for the valid argument that not enough cases are eligible for premium processing.

A list of the types of immigration cases eligible for premium processing can be found at the USCIS website at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=ebaf0c594dafd010VgnVCM1000000ecd190aRCRD&vgnextchannel=54519c7755cb9010VgnVCM10000045f3d6a1RCRD.

Recently, the USCIS announced that it would resume premium processing for two types of petitions.  First, in June, it announced that it would again start processing Form I-140 petitions for an immigrant visa under premium processing.  This announcement was limited to certain types of immigrant visa petitions.  Left out were I-140 petitions for EB-1 multinational executives and managers and EB-2 members of the professions with advanced degrees or exceptional ability seeking a national interest waiver.

On July 21, 2009, the USCIS announced it would again allow premium processing for R-1 cases.  Previously, the government had suspending premium processing for religious worker cases because of heightened scrutiny involving its perception of fraud involving R-1 petitions.  The use of R-1 premium processing will be limited to petitioners that have successfully passed an on-site inspection. 

Hopefully, the USCIS will make more visa categories eligible for premium processing in the near future.  In the meantime, immigration attorneys at Garg & Associates can help you plan the fastest, most efficient process to meet your immigration needs. 

On June 30, 2009, the Minnesota Supreme Court unanimously decided that Al Franken was the winner of a Minnesota Senate seat.  Norm Coleman, who was challenging the election results, conceded the win to Franken soon after the Court decision.

 You may be asking what this one election win has to do with an overhaul of the immigration system.  The relevance is that the victory gives the Democrats the chance to bring a Comprehensive Immigration Reform Bill to a vote in the Senate.  The rules of the Senate provide that a Senator can filibuster until the end of days on a bill — meaning the bill will never be brought to a vote — unless the bill gets 60 votes to prevent this tactic.  With Franken’s win, the Democrats have 60 fairly reliable votes in the Senate.

In the past, Comprehensive Immigration Reform has been doomed by the Democrates’ failure to obtain the magic 60 super majority.  I believe that while not all Democrats will vote for Comprehensive Immigration Reform, there is a very good chance that they can get the 60 votes to bring a measure to a full Senate vote, and there are likely more than 50 Senators, including some Republicans, willing to pass a Comprehensive Immigration Reform Act. 

Garg and Associates will keep you updated on major changes to the immigration laws.  I truly believe such changes are coming.  Look for a major overhaul next Spring. 

Indeed, we are now in the fourth month of the H-1B season and there are still plenty of H-1B visas available.  The USCIS just announced that as of July 3, 2009, there are still 20,000 H-1B visas available, and there are few new petitions being submitted.  At the current rate, it is likely that H-1B visas will be available for many months.

The reason for the availability of H-1B visas is undoubtedly the slow economy.  There are simply fewer offers of employment.  This situation is great for companies that want to hire professional nonimmigrants.  If you need help processing an H-1B visa, please contact us.

Instead of being allowed to file concurrent applications, religious workers needed to wait for the approval of their immigrant visa petition before they could file the AOS application.  This restriction put them at a distinct disadvantage, since the immigrant visa petition alone did not allow them to seek separate employment authorization, travel permission, or an independent basis to maintain lawful status; all advantages that come with the filing of an AOS application.

The Ruiz Court found that the USCIS’ bar against concurrent filing for religious workers was an unreasonable interpretation of the applicable statute.  It ordered the government to accept religious worker concurrent filings.  Moreover, the Court ruled that religious workers whose AOS applications and/or work authorization applications were rejected by the USCIS can reapply and are entitled to have their applications processed as though they had been submitted on the original date they attempted to initially file.  No unlawful presence, unlawful status, or unauthorized employment could be attributed to these workers in most cases.    

If you have any questions about the religious worker category, please contact a Long Beach immigration attorney at 562-590-7300 or email us at jvaldez@gargandassociates.com.