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E&M
Visa Update for March 22, 2005 CIS Struggles To Make 20,000 Additional H-1B Visas Available In Current FY 05 H-1B Petitions for FY 06 Accepted April 1, 2005; New I-129 Form Required May 1st PERM Retooled Labor Certification Process To Launch March 28th Inspectors at Minneapolis Airport Require Access to Travelers’ E-Mail Nonimmigrant Waivers of Inadmissibility Centralized Stateside by CBP Backlogged EB-3 Priority Dates Advance Month-By-Month for Natives of India, China & the Philippines Miss Tess Settles with ICE for Indefinite Parole; Next Phase: Private Bill in Congress "Skye" Born To Attorney Christine O'Connell; Angela Mapa Joins E&M
Citizenship & Immigration Services (CIS) has missed the March 8th start date for acceptance of an additional 20,000 H-1B visa petitions sorely needed in Fiscal Year 2005. These visa numbers - added to the annual quota of 65,000, which was exhausted on October 1, 2004 - were originally earmarked for those aliens holding a Masters Degree or higher from US Universities. However, CIS has proposed an interpretation of the legislation permitting employers to file on behalf of any qualified H-1B applicant. Drafters of the legislation are up in arms, and implementation by CIS awaits publication of regulations in the Federal Register. If the new H-1B visas are made broadly available, the 20,000 additional numbers are expected to be quickly taken. H-1B Petitions for FY 06 Accepted April 1, 2005; New I-129 Form Required May 1st April 1, 2005 marks "open season" on the 65,000 new H-1B visas available for employment beginning October 1, 2005. An improving economy suggests that these will run out before the start of the 2006 Fiscal Year, even with the addition of another 20,000 visas for advanced degree professionals from U.S. universities. A re-vamped and expanded Form I-129, Petition For A Nonimmigrant Worker [edition date 3-11-05], will be required beginning May 1, 2005 - not only for H-1B petitions, but also for the other work-related visa categories: E, H, L, O, P, Q, R and TN. Continued use of current forms I-129 and I-129W for H-1B petitions during March and April will require modifications.
U.S. Department of Labor (DOL) regulations eliminating the Traditional Recruitment and Reduction In Recruitment methods of obtaining a Labor Certification take effect on Monday, March 28, 2005. Henceforth, employers must demonstrate a shortage of American workers using the PERM system, which involves the filing of an on-line, 10-page attestation form. PERM requires the placement of two Sunday classified newspaper ads, plus a job order with the state workforce agency. Professional positions require more and different recruitment efforts. Employers must maintain detailed records of recruitment efforts and results, but need only submit them in the event of an audit. By centralizing the process, bringing it on-line, and eliminating the supervisory role of the State Workforce Agencies, DOL hopes to cut the Labor Certification process from two years to two months. Those employers who already have a Labor Certification application on file for a potential employee may choose to continue under the current processes, which are expected to be completed over the next two to three years. Many such existing Labor Cert applicants may be disfavored by attempting to re-file under PERM.
Travelers to the United States should brace themselves for the possibility that they may be asked to consent to a search of their email accounts. DHS Customs & Border Protection Inspectors at the Minneapolis Port of Entry have insisted that certain arriving passengers sent to Secondary Inspection provide their password and permit review of email correspondence so that CBP may determine the bona fides of the proposed U.S. visit. Refusal to consent may result in the visitor being returned abroad. Nonimmigrant Waivers of Inadmissibility Centralized Stateside by CBP Section 212(d)(3) of the Immigration & Nationality Act gives broad discretion to the government to waive grounds of inadmissibility. Applicants for nonimmigrant visas who are found inadmissible by Consular Officers of the Department of State may still have a visa issued if the Officer recommends a waiver and Customs & Border Protection (CBP) grants it. Previously a function of offices of the Immigration & Naturalization Service (INS) outside the United States, in the aftermath of the INS break-up, the successor agency CBP has decided to centralize this function Stateside. Queries are unlikely to be answered during the next 60 days. Backlogged EB-3 Priority Dates Advance Month-By-Month for Natives of India, China & the Philippines Controls on the issuance of immigrant visas to certain workers born in India, China and the Philippines that began in January of 2005 continue. For April of 2005, only those workers from the affected countries who have a "priority date" before April 1, 2002 may be issued an immigrant visa in the Skilled and Professional Workers category Employment Benefits 3 [EB-3]. “Other Workers” are even more backlogged: worldwide to July 1, 2001. Since employers of registered nurses are among those most impacted by this development, the American Hospital Association has been actively lobbying for the "recapture" of immigrant visas "lost" over the past 5 years due to government incompetence. Please contact both your Senators and your local Representative to educate them about this recapture effort.
Former Marcos Entourage nanny Ms. Teresita Huppanda reached agreement with DHS Immigration & Customs Enforcement (ICE) for the dismissal of her Habeas Corpus action on very favorable terms: the extension of her parole status indefinitely for the rest of her life, with work authorization. Since "parole" is ephemeral and does not permit her to visit the Philippines, Miss Tess will pursue a Private Bill in order to make her a Permanent Resident ["green card holder"] by Act of Congress. Your continued prayers and assistance are greatly appreciated. Please visit www.SaveMissTess.com. "Skye" Born To Attorney Christine O'Connell; Angela Mapa Joins E&M On February 2, 2005, a lovely baby girl, Skye Kerwin Keppeler, was born to E&M attorney Christine O'Connell and her husband Philip Keppeler. The family is enjoying Christine’s maternity leave. Joining E&M is attorney Angela Mapa, formerly of Fallon, Bixby, Cheng & Lee. Angela is a graduate of UC Berkeley and the University of San Francisco School of Law. The
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Bulletin was updated on March 21, 2005 for April 2005 Elliot
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