AC21 – Should I invoke it and, if so, when?

The American Competitiveness in the 21st Century Act (AC21) permits an individual to transfer, or “port”, his or her green card process to a different employer if (1) the new job is the “same or similar”, (2) Form I-140 has been approved or is approvable when filed concurrently with Form I-485, and (3) Form I-485 [...]

E-Verify Requirement for Federal Contractors Postponed

The requirement, imposed late last year on certain federal contractors to become E-Verify compliant or become ineligible for contracts with the federal government was due to become effective on January 15, 2009.  However, the requirement, after attack by a number of organizations special interest groups, has been postponed until at least May 21, 2009.
There are [...]

Vermont Service Center: Update on Pending Cases

The Vermont Service Center (VSC) has provided an update to the number of pending cap-subject cases which were filed pursuant to the H-1B FY 2009 cap in April 1, 2008.  As of January 9, 2009, there are a total of 3,432 H-1B cap cases, in various stages of adjudication, which remain pending.
VSC has indicated that [...]

Vermont Service Center Guidance on Termination of H-1 Status

The Vermont Service Center (VSC), through the AILA Liaison, has provided some guidance and a refresher on when the H-1B status of an employee terminates in connection with termination of employment or revocation of the H-1B petition by the employer.  The timing of the termination of the H-1B status is very important, because under USCIS [...]

GAO Report on USCIS Fees

The Government Accountability Office (GAO) has produced another set of two excellent and very revealing reports – one reviewing the Immigration and Naturalization Fees and one suggesting improvements for the setting of USCIS fees.
The two reports are very revealing in describing USCIS’s budgetary items, its heavy reliance on filing fees to finance operations and some [...]

USCIS Updates Form I-9, Employment Eligibility Verification

USCIS has updated Form I-9, Employment Eligibility Verification and the new form is available for us; however, two versions exist. Please note that the version dated 06/05/07 is only available if used BEFORE February 2, 2009. The version dated 02/02/09 will be appropriate for use ON or AFTER February 2, 2009.

Nebraska Service Center Clarifies EB-3 I-140 Processing Dates

The current Processing Times Report for the Nebraska Service Center (NSC) as of September 30, 2008 indicates that NSC is processing I-140 (EB-3) petitions filed on or before August 2, 2007.  However, NSC has indicated that they are still processing cases filed from July 1, 2007 through August 2, 2007, and it will be a [...]

Employer Who Failed to Report Termination of H-1B Employee Liable for Back Wages

A recent decision from the Administrative Review Board (ARB) held that when an H-1B employer fails to terminate H-1B employee and notify USCIS of such termination is liable for payment of back wages.  ARB held:
Under the INA’s “no benching” provisions, the employer is obligated to pay the required wage even if the H-1B nonimmigrant is [...]

Guidance on Retaining Priority Dates

The Vermont Service Center (VSC) has issued a practice pointer on the circumstances under which VSC will transfer a priority date to a subsequent petition.
Retaining an earlier priority date is possible when:

If the same petitioner (employer) and beneficiary (employee) are parties to both the original and the subsequent petitions (under 8 C.F.R. 204.2(h)(2)) and:

the subsequent [...]

February 2009 Visa Bulletin – Some Forward Movement

The February 2009 Visa Bulletin is out.  It brings some good forward movement for some employment-based categories.  Unfortunately, EB-3 ROW and EB-3 India remain unchanged.

EB-2 ROW remains current.  EB-2 India and EB-2 China both move forward by approximately 6 months.  EB-2 India is now at January 1, 2004 while EB-2 China is at January 1, [...]