HAMMOND LAW GROUP LLC

H-1b CAP

noreply@blogger.com (Sherry L. Neal) — Wed, 19 Jan 2011 14:02:00 +0000

The USCIS is very near reaching the H-1b cap. As of Friday, the USCIS had receipted 60,700 H-1b petitions. That leaves only 4,300 cap-subject petitions available for this fiscal year. It is expected that the cap will be reached before the end of this month.

I-485 Inventory

noreply@blogger.com (Sherry L. Neal) — Mon, 17 Jan 2011 18:05:00 +0000

The USCIS has released their I-485 Inventory Chart of pending cases as of January 2011. The USCIS I-485 Inventory Chart displays the total number of pending adjustment of status applications, per preference category, priority date and per country. The USCIS also issued separate charts for India, China, Mexico and the Philippines as those countries historically have higher demand for visas and reach their yearly quota.

The Inventory Report shows a total of 44,475 EB2 cases and 127,493 EB3 cases. However, the breakdown by country is most interesting:

EB2 (2nd Preference) EB3 (3rd Preference)
Total 44,475 127,493
Philippines 807 9,734
India 24,628 58,440
China 10,912 4,140
Mexico 231 7,552
All Others 7,897 47,627

Also, the breakdown by priority date shows 2007 as the first year where the number of EB2 and EB3 cases are almost equal (15,918 EB2 cases and 16,711 EB3 cases). This compares to a disparity of 18,850 EB2 cases to 37,412 EB3 cases with 2006 priority dates and a huge disparity of 774 EB2 cases to 29,567 EB3 cases with 2005 priority dates.

Keep in mind that the world-wide level for employment-based green cards is at least 140,000 per year. The breakdown by country and category is significant because the first preference, second preference and third preference categories each get 28.6% of the overall limit and there is a per-country limit of 7% of the overall total. Any unused numbers from a category trickle down to the next lower category and across the countries in that category.The I-485 Inventory Chart can not be used as a sole basis for predicting visa availability. Instead, one must also consider the NVC Inventory Report (last issued in the Fall 2010), the pending I-140 cases categorized by country and priority date, the approved I-140 cases since summer 2007 (the last time of full visa availability) categorized by country and priority date, and to a lesser extent, the number of pending PERM cases categorized by country and priority date (although that inventory is less important because it will contain more recent priority dates since 2009).

However, when coupled with the other reports, here are a few conclusions:

1. Philippines should move forward much more rapidly than India, China and all other categories. Although the NVC inventory chart from the fall 2010 showed the Philippines with the highest number of EB3 cases (44,903), that includes an accumulation of many years of cases. For example, a vast majority of EB3 Philippines are professional nurses which don’t normally qualify for H-1b but get to bypass the PERM labor certification process. Thus, the NVC inventory number for the Philippines would include most approved I-140’s. Furthermore, the low number of EB2 Filipino cases provides for more visa numbers to trickle down to the EB3 Filipino category.

2. Within a few years we may begin to see less disparity between EB2 and EB3 cases. Last quarter the USCIS reported that they had approximately 60,000 cases that have “upgraded” from EB3 to EB2. That means the EB3 line will eventually be less clogged, while the EB2 category will become more clogged – although EB2 should continue to fair better than EB3, it may not be with such a wide disparity.

3. There are better days in the long-term for visa availability. The visa backlog continues to suffer from the high volume of filings in the early to mid 2000’s due to a booming economy, 245i filings that were backlogged at the state level, the implementation of the PERM system, backlog reduction efforts on I-485 cases around 2005-2006, and the influx of filings in the summer of 2007 (“visagate”). However, the number of filings at the Department of Labor and USCIS has significantly decreased in the last two years. What’s the result? Once we get passed the hurdle of the 2003-2007 cases, we should begin to see a significant improvement in processing times.

Mumbai Consulate posts inaccurate Visa Bulletin

noreply@blogger.com (Katie P. Jacob) — Wed, 12 Jan 2011 16:13:00 +0000

The U.S. Consulate in Mumbai, India had errneously reported that for the month of February 2011, the EB-2 Category for India will become current.

http://mumbai.usconsulate.gov/cut_off_dates.html

While this would be extremely good news for many of our clients patiently waiting for their dates to become current, this visa bulletin is wrong.

The U.S. Department of State's official February 2011 Visa Bulletin can be found here. EB-2 India shows a priority date of May 8, 2006.

http://travel.state.gov/visa/bulletin/bulletin_5228.html

All other PDs are listed below:
EB-2 China: 07/01/2006
EB-3 All Other: 04/01/2005
EB-3 China: 01/01/2004
EB-3 India: 02/22/2002

VISA BULLETIN

noreply@blogger.com (Sherry L. Neal) — Thu, 09 Dec 2010 20:17:00 +0000

The January Visa Bulletin has been released, showing very little movement in the employment based categories. The EB2 and EB3 categories moved less than a month from the December Visa Bulletin. The specific dates are as follows:

SECOND PREFERENCE:
All Others C
China 22 Jun 06
India 08 May 06
Philippines C

THIRD PREFERENCE:
All Others 22 Mar 05
China 15 Dec 03
India 01 Feb 02
Philippines 22 Mar 05

H-1B VIOLATIONS

noreply@blogger.com (Sherry L. Neal) — Thu, 09 Dec 2010 16:06:00 +0000

The U.S. Department of Labor is continuing its enforcement efforts on H-1b companies that violate the regulations. The Dept. of Labor announced its latest case this week: a computer consulting company in New Jersey that has signed a consent order with the Dept. of Labor to pay $638,449 in back wages and interest and $126,778 in civil penalties. The company is also debarred from using the H-1b program for a period of one year. Along with the announcement, the Dept. of Labor reported that its investigations since 2005 have resulted in $5.6 million in back wages and $300,000 in civil money penalties in New Jersey alone. The most common violations have included:

1. Failure to pay the required wage on the H-1b petition;

2. Failure to post notice of the filing of a labor condition application at every worksite where an H-1b worker is employed; and

3. Failure to pay non-immigrant workers the required wage for all non-productive time caused by considtions related to employment --- this includes not only lack of assigned work between projects but also non-employment because of a lack of permit/license or studying for a license exam.

H-1b FORM

noreply@blogger.com (Sherry L. Neal) — Tue, 07 Dec 2010 19:49:00 +0000

As discussed during the HLG Phone Conference today, the new H-1b form will become effective on December 23, 2010. For a copy of the new I-129 form, visit http://www.uscis.gov/.

The Deemed Export Attestation in Part 6 of the new form will affect only a small percentage of petitioners because the most types of technology are not controlled for export or release to foreign nationals. However, petitioners will be required to attest that they have reviewed the Commerce Control List of the Export Administration Regulations and the U.S. Munitions List of the International Traffic in Arms Regulations and determined that either:

1. A license is not required; or

2. A license is required but the foreign national will be denied access to the technology or a license will be obtained before the foreign national gains access to the technology.

The Commerce Control List is available at www.access.gpo.gov/bis/ear/ear_data.html#ccl.

The U.S. Munitions List is available at www.pmddtc.state.gov/regulations_laws/itar.html.

CGFNS EXAM GOES HI-TECH

noreply@blogger.com (Sherry L. Neal) — Fri, 03 Dec 2010 19:52:00 +0000

CGFNS announced today that its exam for foreign educated nurses will become internet-based in 2011, beginning with the March 2011 exam.

CGFNS reports that over 500,000 foreign-educated nurses have taken the paper-and-pencil format during the last 30 years and feels that moving to Internet-based testing expands their reach to the global community.

Applicants who are approved to take the Internet-based exam in March 2011 will be notified in January about the scheduling instructions.

CHANGES AT CONSULATE IN MANILA

noreply@blogger.com (Sherry L. Neal) — Fri, 03 Dec 2010 16:40:00 +0000

The Consulate in Manila implemented some changes in visa proceesing this week. Here are a few key changes:

NONIMMIGRANT VISAS:
--MRV fee collection must be made over the counter or online at any banch of the Bank of the Philippine Islands (BPI) or online through Bancnet.
--Appointments must be scheduled through the new call center or online at www.ustraveldocs.com. The call center number is 982-555 from the Philippines or 214-571-1600 from mainland U.S.

IMMIGRANT VISAS:
--Immigrant visa applicants who have been scheduled for appointment by NVC are required to go online to register their delivery address.
--Applicants who receive notification from NVC regarding eligibility for an interview, must schedule the interview date through www.ustraveldocs.com/ph or by calling 632-982-5555.

For both nonimmigrant visa and immigrant visa applicants who receive a 221(g) notice of insufficient documentation, the requested documentation has to be submitted through a 2G0 courier service - but first the applicant must go online to register before submitting the documents to the courier service.

NVC INVENTORY OF PENDING CASES

noreply@blogger.com (Sherry L. Neal) — Mon, 15 Nov 2010 20:25:00 +0000

The National Visa Center has issued a report of the number of visa applications in the employment-based categories and family-based categories pending at NVC. The report is based upon the number of cases pending as of November 1, 2010. Not surprisingly, the Philippines is low on the number of 1st preference and 2nd preference employment cases but topped the list in the third preference category. The NVC reported that it has 44,903 EB3 cases from the Philippines (down about 500 cases from last year) but only 56 cases in the 1st preference category and 294 cases in the 2nd preference category.

By law, the minimum number of employment based green cards allowed per year is 140,000. The allocation for the 3rd preference category is limited to 28.6% of the overall total or 40,040. No country gets more than 7% or 25,620, whichever is higher. The “actual” number of employment based green cards that have been issued in the EB3 category (based upon the allotted limits and the trickle down from higher categories) during the last three years is as follows: 89,922 in 2006, 85,030 in 2007, and 48,903 in 2008. Note: the larger number in 2006 and 2007 is in part due to the Schedule A legislation that provided for an additional 50,000 immigrant visas.

There are a few “positive” points for Filipino’s in the third preference employment-based category. First, the vast majority of the overall number of 3rd preference cases from the Philippines is included in this count: since a large number are professional nurses, which don’t normally qualify for H-1b’s, most Filipino cases are in the “NVC” count rather than the “USCIS – I-485 count”. Last years I-485 count showed that there were less than 12,000 Filipino I-485 cases. Second, the low number of 1st preference and 2nd preference cases for the Philippines means there will be a lot of visa numbers that get to “trickle down” to the third preference category. According to the NVC report, there are only 56 Filipino cases in the 1st preference and only 294 cases in the 2nd preference category. Third, there are at least some cases that are duplicates, and thus fall out of the system. Some applicants have lost their sponsorship (company went out of business and/or job no longer available given the long wait for the immigrant visa) and have obtained sponsorship through a second employer. Thus, some applicants have more than one case pending. Third, the number of cases pending at NVC has decreased since last year, indicating some visas issued from earlier priority dates and yet a very low number of new cases being filed.

NVC IN

noreply@blogger.com (Sherry L. Neal) — Mon, 15 Nov 2010 20:25:00 +0000

PERM STATISTICS

noreply@blogger.com (Sherry L. Neal) — Mon, 01 Nov 2010 19:26:00 +0000

The U.S. Department of Labor, Foreign Labor Certification Unit, just released its 2009 annual report, covering visa statistics from October 1, 2008 to September 30, 2009. The report showed a continual decrease in the number of PERM labor certification filings and approvals. Specifically, the report indicates that there was a 42% decrease in certified cases from fiscal year 2007 to fiscal year 2008 and then a 40% decrease from fiscal year 2008 to fiscal year 2009.

The following data is noteworthy:

INDUSTRY: All of the top five industries for permanent labor certification experienced a decrease: Professional, Scientific and Technical Services down 37%, manufacturing down 26%, educational services down 33 %, health care and social assistance down 44%, and finance and insurance down 18%.

STATE: In fiscal year 2009 there were only 8 states with more than 1,000 certifications as compared to 12 states in fiscal year 2008 and 18 states in fiscal year 2007. In addition, all eight of the states with more than 1,000 certifications saw a decrease of more than 30% (with California and Texas at a 47% decrease in the number of certified cases).

COUNTRY: India and China remained two of the top countries for foreign workers in the PERM program. However, South Korea and the Philippines entered the top 5 for the first time in recent years, although still amounting for a small percentage of the overall total. The top five countries included: (1) India - 11,387 petitions certified, 38% of the total; (2) China – 2,112 petitions certified, 7% of the total; (3) South Korea – 1,878 petitions certified, 6% of the total; (4) Philippines – 1,631 petitions certified, 5% of the total; and (5) Canada – 1,591 petitions certified, 5% of the total.

The major reason for the decrease in cases is due to the U.S. economy from 2008 until the present. Although the 2010 annual report will not be available until next year, all indications are that the numbers will be nearly as low as the 2009 annual report.

The decrease in certified cases sheds a ray of hope on immigrant visa availability in the coming years. As HLG has noted repeatedly during the last year, the current retrogression in visa numbers is a result of a booming economy until 2007, an influx of permanent residence filings under the 245i law, and stalled processing at states prior to the new PERM system in 2005. However, once we get through that “bubble” of cases, the visa numbers should move more steadily since the volume of cases in the past three years has been significantly lower. The Philippines and countries other than India and China will fair the best.

The annual report also included data on the labor condition application approvals for the H-1b program. While that data showed increases in the number of certifications, that data is not an indicator of overall numbers since a large portion of the increase is attributed to H-1b transfers (moving from one employer to another) or amended LCA’s (when there is a change in job site).

New USCIS Fees Announced

noreply@blogger.com (Dwight D. Myfelt) — Thu, 28 Oct 2010 18:43:00 +0000

Effective Nov 23, 2010, increased USCIS fees will be required for most USCIS filings. These are the first fee increases from the USCIS (not imposed directly by legislative action) since 2007. A full list of the fees can be found at www.uscis.gov. Among the notable increases are the following:

Form No.	Title	Current Fee	New Fee Effective 11/23/10
I-129/I129CW	Petition for a Nonimmigrant Worker	$320	$325
I-539	Application to Extend/Change Nonimmigrant Status	$300	$290 *Fee reduction
I-765	Application for Employment Authorization	$340	$380
I-140	Immigrant Petition for Alien Worker	$475	$580
I-485	Application for Adjustment of Status	$1010	$1070
I-907	Request for Premium Processing	$1000	$1225

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HLG 2010 Healthcare Symposium

noreply@blogger.com (Dwight D. Myfelt) — Mon, 04 Oct 2010 15:06:00 +0000

There's a Light at the End of the Tunnel
. . . And It's Not a Train

Hammond Law Group will be hosting its 6th Annual full-day symposium on Friday, October 22, in Fort Lauderdale, Florida! Topics will include a discussion of the legislative outlook for immigration reform and health care related issues, Retrogression, Priority Date movement, and an update on the FSBPT suspension of license testing. We will also address a variety of topics ranging from using your permanent residence program as a retention tool, to ways to save money in 2011, to current PERM issues. The agenda also includes a networking session and a discussion of compliance issues. Lunch will be provided.

See the full agenda HERE.

Friday, October 22, 2010 from 9:00am to 4:00pm at the Crowne Plaza Fort Lauderdale at Sawgrass Mills.

This event is free to attend. To register, call Georgina Opoku at (513) 287-6853, or send an email to registration@hammondlawfirm.com and provide the following information:

Name:
Company Name:
Email Address:
Street Address:
City, Sate, Zip:
Phone Number:

FSBPT Releases Some NPTE Scores and Holds Others

noreply@blogger.com (Dwight D. Myfelt) — Fri, 01 Oct 2010 22:31:00 +0000

FSBPT announced today that it has completed its initial analysis of scores held from the restricted groups who tested on or after July 12, 2010.

FSBPT has just released the scores to the jurisdictions for those candidates for which there was no evidence of aberrant score results in our forensic analysis and is in the process of notifying those candidates via email or letter that their scores have been released. FSBPT reports it may take several weeks for reports to reach all candidates.

FSBPT also reports it has flagged some candidates from this group whose scores merit further analysis. FSBPT will send them either a letter or email letter advising them that their scores are continuing to be analyzed. Once the analysis has been completed, these candidates will be notified of the status of their score and their options. The analysis should be completed by the middle of this month.

FBSPT Announces 2011 NPTE Test Dates

noreply@blogger.com (Dwight D. Myfelt) — Thu, 30 Sep 2010 20:21:00 +0000

FSBPT announced today that it has scheduled two 2011 NPTE test dates for candidates for whom licensure testing had previously been suspended. FSBPT will offer NPTE-i (formerly NPTE-YRLY) in May and December of 2011.

The NPTE-i is the alternative form of the National Physical Therapy Examination that is designated for candidates who received their first professional degree from Egypt, India, Pakistan or the Philippines (restricted countries).

FSBPT alleges that the creation of the NPTE-i was a result of pervasive, ongoing security breaches by significant numbers of graduates of physical therapy schools from the restricted countries.

The NPTE-i will be like all the other forms of the NPTE. The PT version will be 250 items and candidates will have five hours to complete the exam. FSBPT reports the NPTE-i will provide a fair assessment of entry-level competence. It is being prepared using the same review procedures and will adhere to all of the same quality standards that apply to all other NPTE forms.

Plans for exam administration for 2012 for candidates in the restricted groups will be announced in 2011. FSBPT has indicated that its goal is to offer the NPTE-i at least twice during 2012.

FSBPT has not released detailed information regarding the registration process at this time.

VISA DATES - OCTOBER VISA BULLETIN

noreply@blogger.com (Sherry L. Neal) — Fri, 10 Sep 2010 15:15:00 +0000

The State Department has released the October Visa Bulletin. Most categories moved forward 3 weeks except EB2 India which remained the same. The dates are as follows:

Employment-based Second Preference:
India: May 8, 2006
China: May 22, 2006
Philippines: Current
All others: Current

Employment-based Third Preference:
India: January 15, 2002
China: November 8, 2003
Philippines: January 8, 2005
Mexico: April 22, 2001
All others: January 8, 2005

EAD -- EXPEDITE REQUESTS

noreply@blogger.com (Sherry L. Neal) — Fri, 27 Aug 2010 16:59:00 +0000

The USCIS has indicated that they are getting more than 300 expedite requests a day to expedite Employment Authorization Documents (EAD). Earlier this month, the USCIS recognized that EAD's were taking longer than usual, so they implemented an expedite process in two situations:

1. If the I-765 application has been pending more than seventy-five days; or
2. If the I-765 application has been pending for more than sixty days, the current EAD will expire within the next two weeks, AND the individual will lose their job (a leave of absence not considered a loss of the job).

The USCIS has said the numerous expedite requests has caused a delay for all the applications that are in the system.

MOVEMENT ON VISA DATES

noreply@blogger.com (Sherry L. Neal) — Wed, 11 Aug 2010 14:36:00 +0000

The State Department has released the Visa Bulletin for the month of September. As compared to the current month bulletin, the dates remained the same for EB3 India but moved forward 1 month for EB3 China, 2 months for EB2 China and India and 6 months for EB3 Philippines and EB3 "all others" except China, India, Mexico and the Dominican Republic.

Since the beginning of this calendar year (January 2010) we have seen the following movement:
12 month progression for EB2 China
16 month progression for EB2 India
14 month progression for EB3 China
6 1/2 month progression for EB3 India
28 month progression for EB3 Philippines
28 month progression for EB3 "all others" (excludes China, India, Mexico, Dominican Republic)

Based upon historical data of visa numbers and the statistics released from the government agencies (Dept. of Labor, USCIS, NVC) on the number of cases pending, it is expected that the EB3 category for the Philippines and EB3 "all others" will continue to move more rapidly than India and China.

HOUSE PASSES IMMIGRATION BILL

noreply@blogger.com (Sherry L. Neal) — Tue, 10 Aug 2010 20:29:00 +0000

The Border Security Emergency Supplemental Appropriations Act of 2010 which the Senate passed last week was also passed in the House yesterday. The bill provides increased border security along the southern border with funding anticipated from some H-1b and L-1 petitions (see previous post on HLG blog for further details). Now the bill has to go back to the Senate because the bill passed by the Senate last week needed to originate in the House (all revenue generating measures must originate in the House of Representatives). The Senate is currently on recess, but expected to quickly pass the bill when they return from the Labor Day recess. It will then go to the President for signature. Since the bill contains a significant increase in fees for H-1b and L-1 petitions, employers with more than 50 employees and at least 50% on H-1b or L-1 visas should do some quick planning. To avoid the fee increase, such employers should file now on any cases they are considering filing.

IMMIGRATION BILL PASSES SENATE

noreply@blogger.com (Sherry L. Neal) — Fri, 06 Aug 2010 14:57:00 +0000

Just before leaving for the August recess, the Senate passed an immigration bill. The bill, introduced by Senators Chuck Schumer (D-N.Y.) and Clair McCaskill (D-Mo.) as a border security bill, adds $600 million to border security and funds 1,500 new enforcement agents.

However, the funding for the border enforcement will come from companies who sponsor H-1b and L-1 individuals for employment. Specifically, the bill provides for a filing fee and fraud fee increase of $2000 for H-1b petitions filed by companies with 50 or more employees in the U.S. if more than 50% of the workforce is on H-1b or L-1 nonimmigrant status. Likewise, the bill provides for a filing fee and fraud fee increase of $2250 for L-1 petitions filed by companies with 50 or more employees in the U.S. if 50% of the workforce is on L-1 status. The fee increase would become effective on the date the bill is signed into law and would continue through September 30, 2014.

The bill is likely a result of several things. First, members of Congress have favored tougher enforcement of H-1b and L-1 petitions. Second, many members of Congress have refused to vote for comprehensive immigration reform until the U.S. borders are strengthened. Third, the recent bill in Arizona has led the federal government to show action on border security while challenging the Arizona law in court.

Currently the bill has only passed the Senate. It must be approved by the House of Representatives before it can be signed into law by the President. Therefore, the filing fee and fraud fee increase is not in effect……..yet.

EAD Renewal/AP Renewal taking too long? Help is Available!

noreply@blogger.com (Unknown) — Thu, 05 Aug 2010 21:17:00 +0000

Has your EAD renewal been pending more than 60 days? More than 75 days? Will you be left without work authorization? If so, don't fear. There is a solution available. The Nebraska Service Center has finally recognized that processing times for EAD and AP renewals have exceeded past processing times, often leaving applicants without valid work authorization. The NSC in conjunction with the American Immigration Lawyers Association has released a way to expedite the processing times. If your case has been pending more than 60 days and you would like assistance with placing an expedite request, please contact an HLG attorney for assistance.

USCIS RESPONSE TO INTERNAL MEMO:

noreply@blogger.com (Sherry L. Neal) — Mon, 02 Aug 2010 13:41:00 +0000

The USCIS has issued a response to the leaked internal memo regarding "Alternatives to CIR". The USCIS said, "Internal draft memos do not and should not be equated with official action or policy of the Department. We continue to maintain that comprehensive bipartisan legislation, coupled with smart, effective enforcement, is the only solution to our nation's immigration challenges.Internal memoranda help us do the thinking that leads to important changes; some of them are adopted and others are rejected."

ALTERNATIVES TO IMMIGRATION REFORM

noreply@blogger.com (Sherry L. Neal) — Fri, 30 Jul 2010 15:22:00 +0000

The USCIS has been discussing some options to provide positive immigration relief if legislation on comprehensive immigration reform does not get passed. In an internal memo to the Director of USCIS, the offices of Chief Counsel and Policy and Strategy lay out some suggestions for USCIS to take administratively within the current structure of the law without having to wait for Congress to pass legislation. Some of the key suggestions include the following:

1. Provide work authorization for H-4 dependent spouses if the H-1 applicant has an application for permanent residence and has extended beyond the 6 year limit. Currently H-4 dependents have to wait for the filing of an I-485 application to get work authorization, however, that can't be done unless the priority date is current.

2. Expand the 'dual intent" doctrine to non-immigrants such as TN's and F-1. This could be especially helpful for applicants in TN status (such as registered nurses) who have delayed filing an I-140 petition because of concerns about traveling since TN is not currently a "dual intent" status.

3. Create a grace period ranging from 45 to 90 days for some non-immigrant categories. This would be especially helpful for H-1b applicants to do an H-1b transfer if they lose a job and soon find a new job, whereas current law holds the person to be "out of status" and subjects the H-1b applicant to returning to his/her home country to get a new visa stamped.

4. Eliminate unlawful presence (3 year and 10 year bar) for adjustment of status applicants. This would allow applicants who are subject to the bar on re-entry to freely travel and re-enter the U.S. to resume their application.

5. Expand premium processing to all employment-based cases. USCIS noted that they do not have a current backlog in cases so they are equipped to expand their premium processing unit.

6. Utilize defferred inspection to applicants whose removal is not in the public interest. This allows a "stay"in the U.S. to buy time for the applicant to have some form of legislative relief in the future.

7. Expand the EB-5 investor visa program. This program provides permanent residence to foreign nationals who invest in a U.S. business that creates at least 10 jobs, however, the program has been underutilized. The USCIS views this program as an important tool to revitalize the U.S. economy.

8. Extend work authorization on EAD when an extension is filed. This would allow automatic 240-day work authorization for an applicant who files an EAD extension before the current one expires. Currently the renewed EAD must be approved by the time the current one expires for the foreign national to continue to lawfully work.

SCIS believes these options are immediately at their disposal or can be quickly implemented through notice in the Federal Register based upon current authority. There is no word yet on if or when USCIS will implement these suggestions.

FOREIGN NURSES SEEKING EMPLOYMENT IN CALIFORNIA

noreply@blogger.com (Sherry L. Neal) — Thu, 15 Jul 2010 15:52:00 +0000

The California Board of Nursing is providing limited relief for foreign nurses who are affected by the recent change of the licensure requirement in California.

By way of background, as of April 26, 2010 the California Board of Registered Nursing (BRN) made two changes that impacts foreign nurses. The changes affect applicants who are filing initial applications for licensure and applicants who have applications pending.

1) Initial Application: the BRN will no longer accept an application for licensure by examination or endorsement unless the applicant has a U.S. Social Security Number. Previously the BRN would accept the application and issue an ATT (authorization to test for the NCLEX) and then hold the file until the applicant obtained a social security number. Now, the board will not accept an initial application WITHOUT a social security number.
2) Pending Application: the BRN will no longer provide extensions of file abandonment. Previously the BRN allowed a three-year period for the applicant to submit the social security number but the applicant could also request an extension of that time by providing proof that visa delays, etc. was delaying the issuance of the social security number. Now the BRN will not allow any extensions.

However, for those applicants affected by the second situation (file currently in process at the BRN and subject to abandonment) the BRN has announced a few options. First, once the SSN is obtained, the applicant can re-apply to the BRN by simply submitting a new Application Fee Schedule, transcript and fingerprint card but will not need to re-test. Second, the applicant may request the BRN to provide the NCLEX test results to another U.S. state (such as one that does not require a social security number). This latter option requires a $10 processing fee.

Also, if an applicant needs the BRN to provide the NCLEX-RN test scores to ICHP (CGFNS) for the Visascreen, the BRN will do so for a $60 filing fee.

H-1B CAP COUNT

noreply@blogger.com (Sherry L. Neal) — Wed, 14 Jul 2010 21:27:00 +0000

The USCIS has not yet received half of the H-1b petitions it is allowed to accept in a fiscal year. The latest report from USCIS released today shows that USCIS has received approximately 24,800 H-1b petitions under the normal quota of 60,000 and approximately 10,600 under the U.S. Master's degree quota of 20,000.

The first month of filings (April 2010) the USCIS received approximately 16,500 H-1b petitions under the normal quota. However, since that time, they have been averaging between 600 and 700 H-1b petitions per week.