News from the Alliance of Business Immigration Lawyers Vol. 6, No. 6B • June 15, 2010

/in /by

Headlines:

1. USCIS Proposes Changes in Fees, Large New Fee for EB-5 Regional Center Applications – A new proposed fee rule would increase the average application and petition fees by a “weighted average” of approximately 10 percent, and would establish a hefty new fee of $6,230 for an application for regional center designation under the EB-5 Immigrant Investor Pilot Program.

2. USCIS Redesigns E-Verify Online Interface; Employers Required To Complete Tutorial – Users are required to complete a free 20-minute tutorial the next time they login before using the new interface.

3. Lawsuit Challenges H-1B Memo on Employer-Employee Relationship – The group filing the lawsuit argues that denials are being issued under the memo’s guidance for beneficiaries whose visa applications were approved previously under the regulatory criteria.

4. ICE Proposes New IMAGE Application – Upon enrollment and commitment to the Department of Homeland Security’s “best hiring practices” program, participants are deemed “IMAGE Certified.”

5. DHS Outlines Best Hiring Practices – Among other things, DHS recommends that employers make a good-faith effort to correct and verify the names and Social Security numbers of the current workforce.

6. New Publications and Items of Interest – New Publications and Items of Interest

7. Recent News From ABIL Members – Recent News From ABIL Members

8. Government Agency Links – Government Agency Links

Details:

1. USCIS Proposes Changes in Fees, Large New Fee for EB-5 Regional Center Applications

A new proposed fee rule would increase the average application and petition fees by a “weighted average” of approximately 10 percent, and would establish a hefty new fee of $6,230 for an application for regional center designation under the EB-5 Immigrant Investor Pilot Program.

“Understanding the unique importance of naturalization,” U.S. Citizenship and Immigration Services (USCIS) said it is not proposing a naturalization application fee increase. The proposed rule would establish several other new fees, however, including for individuals seeking civil surgeon designation ($615) and recovery of the cost of processing immigrant visas granted by the Department of State ($165). Among others, the Immigrant Petition for Alien Worker (Form I-140) fee would increase from $475 to $580; the Petition for a Nonimmigrant Worker (Form I-129) fee would increase from $320 to $325; and the Application for Employment Authorization (Form I-765) fee would increase from $340 to $380.

The rule also proposes to raise the fee for premium processing from $1,000 to $1,225, calculated by using the percentage increase in inflation according to the Consumer Price Index for urban consumers (CPI-U) since the fee’s inception in 2001. The final rule will establish the amount based upon the latest published monthly CPI before the final rule publication. DHS also proposes to specify that it will use the CPI–U to calculate all future inflation-based fee adjustments and will publish a notice in the Federal Register annually (if applicable) to adjust this fee.

The proposed fee structure reduces fees for several individual applications and petitions, including the Application to Extend/Change Nonimmigrant Status (Form I-539) and the Application to Adjust Status From Temporary To Permanent Resident (Form I-698).

Written comments must be submitted by July 26, 2010, using a method set forth in the proposed rule. The proposed fee rule is available at http://edocket.access.gpo.gov/2010/pdf/2010-13991.pdf. USCIS’s announcement, which includes a table of current and proposed fees, is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=269d3d5d65919210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD. A related Q&A is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=a36b3d5d65919210VgnVCM100000082ca60aRCRD&vgnextchannel=5b33aca797e63110VgnVCM1000004718190aRCRD.

A transcript of USCIS’s related press conference is available at http://www.uscis.gov/USCIS/News/2010%20News%20Items/June%202010/PenPadTranscript9Jun10.pdf.

Back to Top

2. USCIS Redesigns E-Verify Online Interface; Employers Required To Complete Tutorial

Effective June 13, 2010, U.S. Citizenship and Immigration Services (USCIS) has redesigned its E-Verify online interface. Users are required to complete a free 20-minute tutorial the next time they log in before using the new interface.

Among other things, USCIS has instituted a “1-2-3” step process to help employers verify an employee’s work authorization.

Details on the E-Verify redesign, including links to “how-to” videos, are available at http://www.uscis.gov/portal/site/uscis/menuitem.eb1d4c2a3e5b9ac89243c6a7543f6d1a/?vgnextoid=7b9895c2f9cc8210VgnVCM100000082ca60aRCRD&vgnextchannel=7b9895c2f9cc8210VgnVCM100000082ca60aRCRD. Information about the “1-2-3” step process is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=6f542b0851cb8210VgnVCM100000082ca60aRCRD&vgnextchannel=7b9895c2f9cc8210VgnVCM100000082ca60aRCRD.

Back to Top

3. Lawsuit Challenges H-1B Memo on Employer-Employee Relationship

A group of IT staffing firms and associations has filed a lawsuit challenging a memo issued in January 2010 by Donald T. Neufeld, Associate Director of Service Center Operations for U.S. Citizenship and Immigration Services (USCIS), that provided guidance on determining employer-employee relationships for H-1B purposes.

The firms, Broadgate Inc., Logic Planet Inc., DVR Softek Inc., and trade associations TechServe Alliance and American Staffing Association, filed the lawsuit on June 8, 2010, in the U.S. District Court for the District of Columbia. Among other things, the suit alleges that the memo is arbitrary and capricious and not authorized by law or under USCIS’s statutory and regulatory authority. The group argues that denials are being issued under the memo’s guidance for beneficiaries whose visa applications were approved previously under the regulatory criteria.

“IT staffing is a lawful business model that greatly benefits the U.S. economy, U.S. businesses and U.S. workers. The government should not be allowed to attack the industry by circumventing the rulemaking process and reversing long-standing policy by decree,” said Mark Roberts, chief executive officer of TechServe Alliance.

The Neufeld memo is available at http://www.uscis.gov/USCIS/Laws/Memoranda/2010/H1B%20Employer-Employee%20Memo010810.pdf. A Q&A on the Neufeld memo is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=3d015869c9326210VgnVCM100000082ca60aRCRD&vgnextchannel=6abe6d26d17df110VgnVCM1000004718190aRCRD.

Back to Top

4. ICE Proposes New IMAGE Application

U.S. Immigration and Customs Enforcement (ICE) has filed a 60-day notice for a new information collection application with the Office of Management and Budget for the ICE Mutual Agreement between Government and Employers (IMAGE) program, which is the outreach and education component of the Office of Investigations (OI) Worksite Enforcement program.

According to ICE, IMAGE “is designed to build cooperative relationships with the private sector to enhance compliance with immigration laws and reduce the number of unauthorized aliens within the American workforce.” Under this program, ICE partners with businesses representing a cross-section of industries. A business initially completes and prepares an IMAGE membership application so that ICE can properly evaluate the company for inclusion in the IMAGE program. ICE noted that the information provided by the company “plays a vital role in determining it suitability for the program.”

As part of IMAGE, ICE and U.S. Citizenship and Immigration Services (USCIS) provides education and training to the company on proper hiring procedures, fraudulent document detection, use of the E-Verify employment eligibility verification program, and anti-discrimination procedures. Employers seeking to participate in IMAGE must agree to:

  • Complete a self-assessment questionnaire;
  • Enroll in E-Verify;
  • Enroll in the Social Security Number Verification Service;
  • Adhere to IMAGE Best Employment Practices;
  • Undergo an I-9 audit conducted by ICE; and
  • Review and sign an IMAGE partnership agreement with ICE.

Upon enrollment and commitment to the Department of Homeland Security’s “best hiring practices” program (see the next article in this issue), participants are deemed “IMAGE Certified,” a distinction DHS said it believes will become an industry standard. DHS said that it also intends to use the results of the IMAGE program and participation in IMAGE by partners in industry to guide the agency in shaping future worksite enforcement policy and legislation.

Additional information is available at http://www.ice.gov/partners/opaimage/. The notice is available at http://edocket.access.gpo.gov/2010/pdf/2010-14042.pdf. Comments will be accepted for 60 days until August 10, 2010, and should be sent to the person named in the notice.

Back to Top

5. DHS Outlines Best Hiring Practices

As part of the ICE Mutual Agreement between Government and Employers (IMAGE) program (see the previous article in this issue), DHS recommends the following “best hiring practices”:

  • Use E-Verify to verify the employment eligibility of all new hires.
  • Use the Social Security Number Verification Service (SSNVS) and make a good-faith effort to correct and verify the names and Social Security numbers of the current workforce.
  • Establish a written hiring and employment eligibility verification policy.
  • Establish an internal compliance and training program related to the hiring and employment verification process, including completion of the I-9 form, how to detect the fraudulent use of documents in the verification process, and how to use E-Verify and SSNVS.
  • Require the I-9 and E-Verify process to be conducted only by an individual who has received appropriate training, and include a secondary review as part of each employee’s verification “to minimize the potential for a single individual to subvert the process.”
  • Arrange for annual I-9 audits by an external auditing firm or a trained employee not otherwise involved in the I-9 process.
  • Establish a procedure to report to ICE credible information of suspected criminal misconduct in the employment eligibility verification process.
  • Establish a program to assess subcontractors’ compliance with employment eligibility verification requirements. Encourage contractors to incorporate IMAGE Best Practices and when practicable incorporate the verification requirements in subcontractor agreements.
  • Establish a protocol for responding to letters received from federal and state government agencies indicating that there is a discrepancy between the agency’s information and the information provided by the employer or employee (for example, “no-match” letters received from the Social Security Administration).
  • Establish a tip line mechanism (e.g., inbox, e-mail) for employees to report activity relating to the employment of unauthorized workers, and a protocol for responding to employee tips.
  • Establish and maintain appropriate policies, practices, and safeguards against use of the verification process for unlawful discrimination, and to ensure that U.S. citizens and authorized workers do not face discrimination with respect to hiring, firing, or recruitment or referral for a fee because of citizenship status or national origin.
  • Maintain copies of any documents accepted as proof of identity and/or employment authorization for all new hires.

The hiring practices and related information are available at http://www.ice.gov/partners/opaimage/.

Back to Top

6. New Publications and Items of Interest

Recommendations on waivers of inadmissibility. The U.S. Citizenship and Immigration Services Ombudsman has released recommendations on processing waivers of inadmissibility. The Ombudsman found that challenges in the current waiver process often discourage applicants from applying, and that immigration attorneys are often reluctant to advise their clients to enter into the waiver process. Among other things, the Ombudsman noted that limited access to information about processing times frustrates applicants; there is no standard process for applicants in urgent situations who are seeking expedited processing; discrepancies in interpretation of the extreme hardship standard lead to a lack of uniformity in decision-making; and predictability and transparency are critical because many applicants perceive the waiver application process as high-risk because it involves departure from the U.S. and a waiver denial may result in a lengthy bar on reentry.

The Ombudsman said it recognizes that USCIS has made improvements to this process, including the implementation of the I-601 Waiver Adjudication Program at the Ciudad Juarez Field Office (CDJ) in March 2007, which significantly improved caseload management. In addition, USCIS recently implemented an Ombudsman proposal to issue more specific Requests for Evidence. USCIS also revised the I-601 and developed a quality assurance pilot and a new standard operating procedures checklist to promote standardization in adjudications.

The Ombudsman recommends that USCIS:

  • centralize the I-601 adjudication process;
  • allow applicants to concurrently file the I-601 and the Form I-130, Petition for Alien Relative;
  • prioritize the finalization of the USCIS overseas case management system (currently in development) to provide for accurate statistical reporting of I-601 applications, allowing for posted processing times, and enabling I-601 applications processed at CDJ to be tracked via the case status online feature on the USCIS Web site;
  • publish clear filing instructions to guide customers in need of expedited I-601 processing;
  • increase coordination between Department of State consular officers and USCIS adjudicators at CDJ who work with the I-601; and
  • Allow USCIS employees to request digitized Alien Files upon receipt of interview schedules, amending CDJ’s current office policy.

The report is available at http://www.dhs.gov/xlibrary/assets/cisomb_waivers_of_inadmissibility_recommendation.pdf.

Positive impact of immigrants. The Migration Policy Institute has released a report, The Impact of Immigrants in Recession and Economic Expansion, by economist Giovanni Peri from the University of California at Davis. The report finds that “immigration unambiguously improves employment, productivity, and income,” but that this involves adjustments that are more difficult during downturns. The report’s results suggest that in the long run, immigrants do not reduce native employment rates, but they do increase productivity and hence average income. In the short run, the report finds that immigration may slightly reduce native employment and average income because the economic adjustment process is not immediate. The long-run gains to productivity and income become significant after seven to 10 years. The report also finds that the short-run impact of immigration depends on the state of the economy. When the economy is growing, new immigration creates jobs in sufficient numbers to leave native employment unharmed, even in the relative short-run and even for less-educated native workers. During downturns, the economy does not appear to respond as quickly, the report notes. New immigrants have a small negative impact on native employment in the short run.

The report is available at http://www.migrationpolicy.org/pubs/Peri-June2010.pdf.

Back to Top

7. Recent News From ABIL Members

William Reich (bio: https://www.abil.com/lawyers/lawyers-reich.cfm) was quoted in comments on the new Arizona law mandating that police question anyone suspected of being in the U.S. illegally. He said the practice amounts to racial profiling, noting that “[i]t’s one thing to tighten the borders. It’s another thing to squeeze people who are working here, paying taxes and performing work Americans don’t want to do.” He noted that “[w]e can’t solve the problem of those [estimated 10 to 12 million undocumented people] already here. There’s no way to expel [all of] them.” The article is available at http://www.dolanmedia.com/view.cfm?recID=599894 (Dolan Media Newswire, quoting the Daily Record).

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) appeared on the Bob Edwards show on June 14, 2010, to discuss the constitutionality of the new Arizona immigration law and its implications. Details are at http://www.bobedwardsradio.com/bes/.

Back to Top

8. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html

Back to Top

News from the Alliance of Business Immigration Lawyers Vol. 6, No. 6A • June 01, 2010

/in /by

Headlines:

1. USCIS Revises Employment Authorization Document – The EAD now includes a machine-readable zone on the back of the card.

2. State Dept. Raises Consular Fees for Nonimmigrant Visas and BCCs – The interim final rule, effective June 4, 2010, also reopens the comment period on the raised fees for an additional 60 days.

3. DHS Eliminates Paper Arrival/Departure Form for VWP Participants – Automated processing for U.S. airports will be activated on a rolling basis over the next several months.

4. State Dept. Updates Student and Exchange Visitor Visa Guidance – Visa appointments for students and exchange visitors should be provided on a priority basis, and admission to a lesser?known academic institution, a community college, or an English language program is not in itself a reason for refusal.

5. Not-So-Good Vibrations? USCIS Implements Business Verification Program – VIBE (Verification Initiative for Business Enterprises) is intended to provide USCIS with an alternative means of verifying the financial viability of companies petitioning to employ foreign workers.

6. ABIL Global: Update From Germany/Europe – The EU Commission wants to introduce a simplified, accelerated, and EU-standard admission process for persons who have special professional qualifications, an employment contract with a company based in the EU, and earnings at least triple the national minimum wage.

7. New Publications and Items of Interest – New Publications and Items of Interest

8. Recent News From ABIL Members – Recent News From ABIL Members

9. Government Agency Links – Government Agency Links

Details:

1. USCIS Revises Employment Authorization Document

U.S. Citizenship and Immigration Services (USCIS) announced on May 25, 2010, that it has revised the Employment Authorization Document (EAD) (Form I-766) to incorporate the addition of a machine-readable zone on the back of the card.

USCIS began issuing the revised EADs on May 11, 2010. USCIS also removed the two-dimensional bar code on the back of the card and moved the informational box of text to just beneath the magnetic stripe on the card. The revised card retains all of its existing security features.

This follows USCIS’s announcement in early May that it is replacing Permanent Resident Cards (green cards) with a redesigned card that incorporates new security features. The agency is replacing green cards already in circulation as individuals apply for renewal or replacement.

USCIS’s announcement is available at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=12f0e37359fc8210VgnVCM100000082ca60aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD.

Back to Top

2. State Dept. Raises Consular Fees for Nonimmigrant Visas and BCCs

The Department of State has published an interim final rule, effective June 4, 2010, that raises from $131 to $140 the fee charged for processing an application for most non-petition-based nonimmigrant visas (Machine-Readable Visas or MRVs) and adult Border Crossing Cards (BCCs). The rule also provides new tiers of the application fee for certain categories of petition-based nonimmigrant visas and treaty trader and investor visas (all of which are also MRVs). Finally, the rule increases the $13 BCC fee charged to Mexican citizen minors who apply in Mexico, and whose parent or guardian already has a BCC or is applying for one, by raising that fee to $14 by virtue of a congressionally mandated surcharge that went into effect in 2009.

The rule reopens the comment period on these fees for an additional 60 days. Written comments must be received by July 19, 2010. The Department will consider any further comments, and whether to make changes to the rule in response to them, before publishing a final rule.

The interim final rule is available at http://edocket.access.gpo.gov/2010/pdf/2010-12125.pdf.

Back to Top

3. DHS Eliminates Paper Arrival/Departure Form for VWP Participants

On May 20, 2010, the Department of Homeland Security (DHS) announced the elimination of the paper arrival/departure form (Form I-94W) for authorized travelers from Visa Waiver Program (VWP) countries. Following a seven-month pilot program on Air New Zealand flights from Auckland to Los Angeles International Airport, the use of paper I-94W forms will be eliminated for VWP travelers with an approved Electronic System for Travel Authorization (ESTA) arriving in the U.S. at all airports by the end of this summer. U.S. Customs and Border Protection (CBP) will activate automated processing for U.S. airports on a rolling basis over the next several months.

Applying for an ESTA became mandatory on January 12, 2009, for all nationals of VWP countries before boarding a carrier to travel by air or sea to the U.S. This requirement does not affect U.S. citizens returning from overseas or citizens of VWP countries traveling on a valid U.S. visa.

CBP recommends that VWP travelers submit ESTA applications as soon as they begin making travel plans. ESTA applications may be submitted at any time before travel. ESTAs are valid for two years or until the applicant’s passport expires. CBP has received more than 19 million ESTA applications from citizens of VWP countries.

The DHS announcement is available at http://www.dhs.gov/ynews/releases/pr_1274366942074.shtm.

Back to Top

4. State Dept. Updates Student and Exchange Visitor Visa Guidance

The Department of State has released a cable updating guidance to the field for student and exchange visitor visa applications. The cable reminds posts that visa appointments for students and exchange visitors should be provided on a priority basis. Admission to a lesser?known academic institution, a community college, or an English language program is not in itself a reason for refusal, the cable notes, but all applicants should be able to explain their school choice and educational plan. “Which school a student chose is not nearly as important as why he/she chose it. ”

The cable urges posts to report suspect schools. The cable also notes that Summer Work and Travel Program participants should return from their programs in time for the beginning of fall classes, even though the Department of Homeland Security allows them a 30?day grace period before they have to leave the U.S. The cable also provides clarification on flight training, study incidental to visits for pleasure, and the Student and Exchange Visitor Information System (SEVIS).

The cable also notes that the Bureau of Consular Affairs continues to receive complaints that some consular officers are unreceptive to applications from prospective community college students. This is at odds with Consular Affairs policy, the cable notes.

The cable is available at http://travel.state.gov/pdf/ExchangeVisitorVisaUpdate-April2010.pdf.

Back to Top

5. Not-So-Good Vibrations? USCIS Implements Business Verification Program

U.S. Citizenship and Immigration Services’ (USCIS) Office of Public Engagement held an information-sharing session on May 27, 2010, in Washington, DC, on a Web-based tool provided under a USCIS contract with Dun & Bradstreet, Inc., that the agency said “will help bring uniformity and consistency to the processing of employment-based immigrant and nonimmigrant petitions.” During the session, Service Center Operations staff provided a presentation of the “VIBE” program, which is being implemented this year at Service Centers.

VIBE (Verification Initiative for Business Enterprises) is intended to provide USCIS with an alternative means of verifying the financial viability of companies petitioning to employ foreign workers, along with other information about the company, such as the type of business and number of employees. USCIS announced in September 2009 that the contract had been awarded to Dun & Bradstreet for $35.5 million. A USCIS synopsis issued in April 2009 notes that:

…the Government requires licensing terms that allow the information provided to be retained in adjudicator files in perpetuity. Further, this information may be viewed and used by other Government agencies for legal proceedings, such as court hearings or similar administrative hearing activities related to granting or denying immigration benefits. It has also been determined through market research that industry does not provide warranty terms regarding the accuracy of information provided. The Government may potentially use the information in a court of law, as such, it must be supportable.

The award notice is available at https://www.fbo.gov/index?s=opportunity&mode=form&tab=core&id=43fee0e75bdb345ad3010794271abd2b&_cview=1. A related letter from USCIS Director Alejandro Mayorkas to Sen. Charles Grassley is available at http://www.nationofimmigrators.com/wp-content/uploads/2009/12/Mayorkas%20letter%20to%20Grassley%20re%20H-1B%20visa%20fraud.pdf. A blog commentary on the VIBE program is available at http://blogs.ilw.com/angelopaparelli/2009/12/bad-bad-bad-immigration-vibrations-from-uscis.html.

Back to Top

6. ABIL Global: Update From Germany/Europe

German residence and work permit regulations are a genuinely complex matter. Therefore, regulations have to be carefully observed when conducting international transfers. Even if the German labor market is basically still affected by the so-called ban on recruitment (i.e., the categorical ban on the recruitment of foreign employees), in practice foreign workers can be employed under certain circumstances.

In particular, the employment of highly qualified staff is facilitated in numerous ways. Nevertheless, there is a considerable accumulated need against the background of intensified global competition for the most qualified labor. Therefore, for example, the earnings level for executives and the highly skilled, which has been 86.400 € per year (until December 31, 2008) and presently amounts to 66.000 € per year (as of January 1, 2010), should be reduced further to enable medium-sized companies to employ such labor to a larger extent. There is also hope because of the intended omission of the examination of the labor market for engineers from the new EU member states.

Because Germany had elections in September 2009 resulting in a new coalition government between the Christian Democrats (CDU) and the Free Democratic Party (FDP), further reforms or amendments of the existing laws on a larger scale are unlikely in the short- to midterm. Further developments remain to be seen. In the meantime, the following excerpt from the coalition agreement may give a hint of the route the government is likely to take:

We want to increase the attractiveness of Germany for highly qualified staff and steer immigration to Germany. Administrative barriers must be reduced for qualified staff. Access for highly qualified foreigners and foreign experts must be adjusted to the requirements of the German labor market and structured according to coherent, clear, transparent, and weighted criteria based on need, qualification, and integration potential. In addition, we plan to review the regulations on self-employment, jobs for students with a German university degree, jobs for artists, athletes, and seasonal workers; and to strive for simplification. [Translated, edited.]

The same applies at the European Union (EU) level, where the EU “Blue Card,” which had been put up for discussion in 2007, was recently adopted in May 2009 (Council Directive 2009/50/EC on the conditions of entry and residence of third-country nationals for the purposes of highly qualified employment; May 25, 2009). The EU Commission, with particular emphasis on work and residence permits for highly qualified employees from third countries (non-EU), intends to increase the competitiveness of the European economy via the Blue Card. The Blue Card is expected to attract experts to Europe instead of the U.S., Australia, or Canada. According to an analysis by the EU, the latter have been the preferred work countries until now.

The EU Commission wants to introduce a simplified, accelerated, and EU-standard admission process for persons who have special professional qualifications, an employment contract with a company based in the EU, and earnings at least triple the national minimum wage. By means of the Blue Card, highly qualified staff will be granted a residence and work permit that includes special rights; e.g., if accompanied by family members. The directive is intended to encourage further mobility within the EU of highly qualified individuals. It acknowledges labor shortages and so its provisions are intended to:

foster admission and mobility — for the purposes of highly qualified employment — of third-country nationals for stays of more than three months, in order to make the [EU] Community more attractive to such workers from around the world and sustain its competitiveness and economic growth. To reach these goals, it is necessary to facilitate the admission of highly qualified workers and their families by establishing a fast-track admission procedure and by granting them equal social and economic rights as nationals of the host Member State in a number of areas. It is also necessary to take into account the priorities, labor market needs and reception capacities of the Member States.

Back to Top

7. New Publications and Items of Interest

Dr. Sunil Mithas and Dr. Henry C. Lucas, Jr., professors at the University of Maryland, have authored a study published by the Institute for Operations Research and the Management Sciences, “Are Foreign IT Workers Cheaper? U.S. Visa Policies and Compensation of Information Technology Professionals.” The study finds that foreign IT professionals (those without U.S. citizenship and those without H-1B or other work visas) actually earn a salary premium when compared to U.S. citizen IT professionals when controlling for human capital attributes. The article is available from http://www.informs.org/.

The Department of Labor has released a new online advisor to help employers and others understand how to comply with requirements under the H-1B visa program. The advisor describes the program’s standards and provides detailed information about employers’ and workers’ rights and responsibilities. It outlines notification requirements, monetary issues, worksite issues, recordkeeping duties, worker protections, and enforcement issues. The advisor focuses solely on compliance with the requirements enforced by the Department’s Wage and Hour Division. It does not review the process for participating in the program or for invoking H-1B visa portability.

The Department’s announcement is available at http://www.dol.gov/opa/media/press/asp/oasp20100563.htm. The advisor is available at http://www.dol.gov/elaws/h1b.htm.

 

Back to Top

8. Recent News From ABIL Members

Angelo Paparelli (bio: https://www.abil.com/lawyers/lawyers-paparelli.cfm) was quoted in the May 28, 2010, edition of the New York Times on E-2 visas. The article concerns Dean and Laura Franks, a British couple who ran a Maine eatery for nine years before being forced to leave the U.S. because their E-2 visa was not renewed. Calling such cases “the forgotten story of immigration,” Mr. Paparelli noted that “[t]he headlines deal with Arizona and border crossings, but these are real people too. This is what happens when you play by the rules.” For more, see http://www.nytimes.com/2010/05/30/us/30visas.html.

Stephen Yale-Loehr (bio: https://www.abil.com/lawyers/lawyers-loehr.cfm) recently discussed the origins of the EB-5 immigrant investor program; the importance of EB-5 regional centers; and the ambiguities, complexities, challenges, and opportunities of the program. The LexisNexis podcast is available at http://www.lexisnexis.com/Community/emergingissues/blogs/podcasts2/archive/2010/05/20/LexisNexis_AE00_-Emerging-Issues-Law-Community-Podcast-featuring-Dan-Kowalski-and-Stephen-Yale_2D00_Loehr-on-the-EB_2D00_5-Investor-Visa-Program.aspx.

Back to Top

9. Government Agency Links

Follow these links to access current processing times of the USCIS Service Centers and the Department of Labor, or the Department of State’s latest Visa Bulletin with the most recent cut-off dates for visa numbers:

USCIS Service Center processing times online: https://egov.uscis.gov/cris/processTimesDisplay.do

Department of Labor processing times and information on backlogs: http://www.foreignlaborcert.doleta.gov/times.cfm

Department of State Visa Bulletin: http://travel.state.gov/visa/bulletin/bulletin_1360.html

Back to Top