Employment-Based Immigration Law

25 08, 2005

H-1B Visa Cap Is Reached

By |2005-08-25T14:00:36-05:00August 25th, 2005|Categories: Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

H-1B Visa Cap Is Reached August 25, 2005 The general allotment of 65,000 H-1B visas for fiscal year 2006 has indeed been exhausted, and the fiscal year has not even yet begun. The allotment of 20, 000 H-1B visas for graduates of U.S. advanced degree programs has not been exhausted and visas for this category of workers continue to remain available. Under federal law, the fiscal year runs from October 1 and through September 30. Petitions for H-1B workers may be filed by employers up to 6 months in advance of the date the worker is to commence their duties. Thus, […]

1 08, 2005

H-1B Work Visa Numbers Starting To Dwindle for Fiscal Year 2006

By |2005-08-01T14:00:36-05:00August 1st, 2005|Categories: Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

H-1B Work Visa Numbers Starting To Dwindle for Fiscal Year 2006 August 1, 2005 Although fiscal year 2006, which starts on October 1, 2005 and runs through September 20, 2006, has yet to arrive, the H-1B visa supply for this period is starting to dwindle. As of August 1, 2005, out of the allotment of 65,000 for the coming fiscal year (FY 05’s allotment is long gone), 21,252 cases have been approved and an additional 27,788 are pending. That leaves roughly 10,000 visas remaining for FY 06 from the general allotment. Pursuant to recent legislation, in addition to the supply of […]

21 07, 2005

PERM is Starting to Work

By |2005-07-21T14:00:36-05:00July 21st, 2005|Categories: Employment-Based Immigration Law, Green Cards, Immigration and PERM / Labor Certification|

PERM is Starting to Work July 21, 2005 The new, expedited online labor certification procedure known as Program Electronic Review Management (“PERM”) has been implemented, and immigration law practitioners across the US are starting to see results. As background, labor certification is the first step in most job based permanent resident (green card) filings, with employers being required to document that U.S. workers are unavailable to perform the job at issue. With PERM, employers submit their filing online with the U.S. Department of Labor and pledge that they have taken steps to recruit for the position at issue, but that their […]

22 06, 2005

Immigrant Visas Become Available for Registered Nurses and Physical Therapists

By |2005-06-22T14:00:36-05:00June 22nd, 2005|Categories: Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S.|

Immigrant Visas Become Available for Registered Nurses and Physical Therapists June 22, 2005 Pursuant to recently passed legislation, the U.S. Department of State has announced that effective July 1, 2005, US immigrant visas will become available for Registered Nurses and Physical Therapists from all nations, including the Philippines, China and India. The new visa availability has come about as a result of congressional action to take untapped portions of previous fiscal year’s supplies and allocate them to accommodate the current, heavy demand, particularly in the health care arena. This measure will of course address the visa backlog and retrogression that has […]

12 05, 2005

Proposed Legislation to Address Immigrant Visa & Availability Issues for R.N.’s and P.T.’s

By |2005-05-12T14:00:36-05:00May 12th, 2005|Categories: Employment-Based Immigration Law, Immigrant Health Care Workers in the U.S.|

Proposed Legislation to Address Immigrant Visa & Availability Issues for R.N.’s and P.T.’s May 12, 2005 As previously discussed in this column, the overwhelming demand for immigrant visas in the Employment Based, Third Preference category has led to the implementation of visa cut-off dates for certain professional and skilled workers from the Philippines, China and India. That means that workers from these countries are facing delays of at least a year or two for visa issuance, leaving all parties, including their prospective employers, sorely disappointed. Perhaps taking into account the acute shortage of healthcare workers our country faces, Congress is now […]

5 05, 2005

20,000 Additional H-1B Visas Become Available for Fiscal Year ’05

By |2005-05-05T14:00:36-05:00May 5th, 2005|Categories: Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

20,000 Additional H-1B Visas Become Available for Fiscal Year ’05 May 5, 2005 As promised, the US Citizenship and Immigration Service has finally set forth a procedure by which US employers and foreign national workers can access the additional 20,000 H-1B visas Congress recently made available for the remainder of fiscal year 2005, running through September 30, 2005. However, the additional 20,000 visas will only be available to foreign professional workers who have obtained a master’s degree or higher from an institution of higher learning in the US. Petitions requesting one of these 20,000 visas are to be filed with CIS’ […]

22 04, 2005

Current Availability of H-1B Work Visas

By |2005-04-22T14:00:36-05:00April 22nd, 2005|Categories: Employment-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

Current Availability of H-1B Work Visas April 22, 2005 No doubt about it, the annual allotment of 65,000 H-1B visas for foreign professional workers dries up pretty quick. Within just a few months after the Citizenship and Immigration Service’s fiscal year begins, US businesses are now left without options to employ foreign professional workers because the meager supply of H-1B visas is exhausted. With the fiscal year starting on October 1 each year, by December or January the H-1B visas are usually gone – as was the case this year, and companies and foreign workers must wait until April 1 of […]

22 12, 2004

More on Immigrant Visa Delays for Certain Filipino, Chinese and Indian Professionals

By |2004-12-22T14:00:36-06:00December 22nd, 2004|Categories: Employment-Based Immigration Law, Green Cards, Immigrant Health Care Workers in the U.S., Lawful Permanent Residence in the U.S., Non-Immigrant Visas for Temporary Workers / H-1B|

More on Immigrant Visa Delays for Certain Filipino, Chinese and Indian Professionals December 22, 2004 If you are a “professional” or “skilled worker” from the Philippines, China or India and are just starting the U.S. immigrant visa petition process or your immigrant visa filing is now pending, chances are you will be impacted by recent U.S. State Department news of limited availability of visas in certain employment based categories. The news applies to professionals and skilled workers from the Philippines, China and India, and workers affected include most types of health care workers (e.g. registered nurse, physical therapists, medical technologists, etc) […]

2 12, 2004

Law Enforcement Association Opposes CLEAR Act Proposal

By |2004-12-02T14:00:36-06:00December 2nd, 2004|Categories: DHS / Immigration and Customs Enforcement (ICE), Employment-Based Immigration Law, Immigration and Criminal Law / Detainees, Removal / Deportation Proceedings and Court Hearings, U.S. Immigration Law and Legislation|

Law Enforcement Association Opposes CLEAR Act Proposal December 2, 2004 CLEAR, or Clear Law Enforcement for Criminal Alien Removal, is a federal legislative proposal currently under consideration in Washington, which includes provisions that would impose mandatory financial penalties on local governments that do not actively enforce federal immigration laws. The International Association of Chiefs of Police (IACP) has recently announced its opposition to this proposal, urging Congress to allow State and Local government agencies greater latitude in determining whether to opt in on immigration law enforcement measures. Included in proposed CLEAR Act provisions is a measure whereby the federal government would […]

30 09, 2004

H-1B Visas Already Running Out for 2005 & More on INFOPASS

By |2004-09-30T14:00:36-05:00September 30th, 2004|Categories: DHS / Citizenship and Immigration Services (USCIS), Employment-Based Immigration Law, Family-Based Immigration Law, Non-Immigrant Visas for Temporary Workers / H-1B|

H-1B Visas Already Running Out for 2005 & More on INFOPASS September 30, 2004 H-1B Visas Already Running Out for 2005 H-1B work visas, the work visa used mainly by foreign national university graduates to fill professional positions in the U.S., are starting to run out. For fiscal year 2005, commencing October 1, 2004 and running through September 30, 2005, 65,000 H-1B visas are available by way of congressional mandate. But, according to officials at Citizenship and Immigration Services (formerly INS) headquarters in Washington D.C. the allotment of H-1B visas could be exhausted by the end of October, 2004. So where […]

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