Archive for December, 2011

Update on H.R. 3012 – Fairness for High-Skilled Immigrants Act

Friday, December 16th, 2011

From AILA, 12/16/11: On 12/15/12, in order to release his hold on hold on H.R. 3012, Senator Grassley offered an amendment that would make dramatic changes to the bill including elimination of the family per county limit increase and reducing the employment based per country limit to 15%. Furthermore, his amendment would eliminate the diversity visa program and adds in provisions that would increase enforcement and U.S. worker protections to the H-1B and L-1 visa programs.

Senator Grassley’s amendment was objected to, therefore his hold on the bill remains. While other senators may try to negotiate a compromise amendment with Senator Grassley, at this time it appears unlikely that such an agreement is likely.

 

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Posted in Employer Sponsored Green Card, Immigration


H-1B Visa Processing times

Friday, December 16th, 2011

Processing times on the USCIS website are not always accurate, so we are listing actual processing times for our H-1B cases here.

Below are processing times for recent H-1B Visa cases filed in our office:

Case #: EAC1120851224

  • Date Filed with USCIS: 7/24/2011
  • Date received H-1B Approval: 12/15/2011
  • Time between Filing and Approval: 145 days

Case #: EAC1121151437

  • Date Filed with USCIS: 7/19/2011
  • Date received H-1B Approval: 12/6/2011
  • Time between Filing and Approval: 141 days

Case #: WAC1123350909

  • Date Filed with USCIS: 9/1/2011
  • Date received H-1B Approval: 12/6/2011
  • Time between Filing and Approval: 97 days

Case #: EAC1117751115

  • Date Filed with USCIS: 6/1/2011
  • Date received H-1B Approval: 11/28/2011
  • Time between Filing and Approval: 182 days

Case #: EAC1202151632

  • Date Filed with USCIS: 10/14/2011
  • Date received H-1B Approval: 11/28/2011
  • Time between Filing and Approval: 46 days

Case #: EAC1116452200

  • Date Filed with USCIS: 5/6/2011
  • Date received H-1B Approval: 11/28/2011
  • Time between Filing and Approval: 207 days

Case #: WAC1110450927

  • Date Filed with USCIS: 2/28/2011
  • Date received H-1B Approval: 11/22/2011
  • Time between Filing and Approval: 268 days

Case #: EAC1120151414

  • Date Filed with USCIS: 6/30/2011
  • Date received H-1B Approval: 11/10/2011
  • Time between Filing and Approval: 134 days

Case #: EAC1118552740

  • Date Filed with USCIS: 6/9/2011
  • Date received H-1B Approval: 11/8/2011
  • Time between Filing and Approval: 153 days

Case #: EAC1125950351

  • Date Filed with USCIS: 9/21/2011
  • Date received H-1B Approval: 11/7/2011
  • Time between Filing and Approval: 48 days

Case #: EAC1120351564

  • Date Filed with USCIS: 7/7/2011
  • Date received H-1B Approval: 11/7/2011
  • Time between Filing and Approval: 124 days

Case #: WAC1117151740

  • Date Filed with USCIS: 5/19/2011
  • Date received H-1B Approval: 11/1/2011
  • Time between Filing and Approval: 167 days

Case #: WAC1200751023

  • Date Filed with USCIS: 10/6/2011
  • Date H-1B Approval: 11/1/2011
  • Time between Filing and Approval: 27 days

Posted in H-1B Visa, Immigration


January 2012 Visa Bulletin – EB-2 India makes huge leap to January 1st 2009

Friday, December 9th, 2011

EB-2 India makes huge leap to January 1st 2009.

http://www.usavisanow.com/visa-bulletin/visa-bulletin-dates-employment/

Posted in Employer Sponsored Green Card, Immigration


BALCA: Matter of Karl Storz Endoscopy-America – Definition of Recruitment Period

Friday, December 9th, 2011

Summary:

Matter of Karl Storz Endoscopy-America – Definition of Recruitment Period

The SWA PWD (Prevailing Wage Determination) was valid from September 11, 2008 to January 1, 2009.

The Employer placed a job order with the SWA (State Workforce Agency) and placed an advertisement with a job search website on September 5, 2008 (before the PWD was issued).

The Employer filed its application for Permanent Employment Certification (ETA Form 9089) on February 11, 2009 (after the PWD expired).

BALCA Discussion:

Employers are required to file their applications or commence the required recruitment within the validity period specified by the PWD.

“The first recruitment step, whatever step that may be, initiates the recruitment process. An employer can only begin recruitment once. Accordingly, “begin the recruitment” means that an employer begins the recruitment process by conducting its first recruitment step.”

For the purposes of Section 656.17(e), “the ‘recruitment period’ . . . refers to the six months prior to filing an application,” during which all of an employer’s recruitment must be conducted.”

The term “begin the recruitment” in 20 CFR 656.40(c) refers to the commencement of the first recruitment step, not to the commencement of any individual recruitment step.

BALCA Decision:

“The CO properly denied certification because the Employer neither began recruitment nor filed its application within the PWD validity period.”

Posted in Employer Sponsored Green Card, Immigration


no lottery for H-1B petitions received on November 22

Friday, December 2nd, 2011

USCIS Service Center Operations has confirmed that November 22, 2011, was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012, and that all properly completed H-1B petitions that were accepted for filing on November 22 will be included in the FY 2012 cap.

There will be no lottery for petitions received on November 22.

Posted in H-1B Visa, Immigration


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