August 12th 2009 IMMIGRATION NEWSLETTER

President Obama Committed to Immigration Reform

At a summit meeting this past week in Mexico, President Obama reiterated his commitment to pursue comprehensive immigration reform. He expects Congress to draft immigration bills this year and will work on getting immigration bills passed in 2010. President Obama wants to "create a system in which you have strong border security and an orderly process for people to come in. But we're also giving an opportunity for those who are already in the United States to be able to achieve a pathway to citizenship so they don't have to live in the shadows." Please stay tuned for more updates regarding comprehensive immigration reform.

Still Thinking About Applying for an H1-B Visa?

As of August 7, 2009, USCIS has only received approximately 44,900 H1-B petitions that count towards their 65,000 cap (quota limit). There are still about 20,100 H-1B slots available at this time. It is highly unlikely that this extra availability will happen next year as the economy improves. Please contact our office to schedule a consultation if you are considering applying for an H1-B Visa.

Are You An H-1B Employer? USCIS Now Conducting Surprise Site Visits

USCIS is now conducting thousands of H-1B employer site visits without notice. These visits are expected to occur after the approval of an H-1B petition. The investigators are looking to confirm whether: (1) the petitioning company is a real operating entity; (2) the beneficiary employee is a "legitimate" employee; (3) if the foreign beneficiary worker falsified an application and claims to work for a company that he/she does not work for; and/or (4) if the petitioning company has falsified its application. The investigator may want to meet with the company's Human Resources person to confirm the H-1B beneficiary worker's date of hire, title, work location and salary information. They may take photos of the company's office to prove that the company actually exists.

It is important that companies have proper public inspection files and valid I-9 forms for all H-1B employees. If your company is chosen for a site visit, we recommend that our clients refer the investigator to our office.

Obama Administration Continues Illegal Immigration Crackdown

The Obama Administration has continued to pursue an aggressive strategy towards illegal-immigration by relying heavily on Bush Administration programs. They have recently conducted audits of employee paperwork at hundreds of businesses, expanded a program to verify worker immigration status, and rejected proposals for rules governing immigration center conditions. Administration officials argue that a "no-nonsense" immigration enforcement is necessary to persuade American voters to accept legislation that would give legal status to millions of illegal immigrants.

Obama Administration Plans for Improved Detention System for Illegal Immigrants

The Obama Administration intends to announce a plan to overhaul the way the U.S. detains immigration violators. Since detainee mistreatment and substandard medical care have been reported more often in the press, the plan aims to establish a more centralized and civil detention system. The system currently holds about 400,000 immigration detainees over the course of a year.

U.S. Department of State Will Announce New Visa Numbers for 2010

Immigrant ("green card") visa numbers for the employment based third preference category (for professional and skilled workers) and third preference "other workers" category are unavailable for the remainder of the fiscal year ending on September 30, 2009.

Next month, the Department of State will announce visa availability in these categories for the new fiscal year beginning on October 1, 2009. We will keep you updated when the new numbers are released in mid-September.

Applying for an R-1 Nonimmigrant Religious Worker Petition? Premium Processing Now Available!

The Premium Processing option is now available for R-1 nonimmigrant (temporary) religious worker petitions, but only for R-1 petitioners who have successfully passed a USCIS on-site inspection.

R-1 applications can more than one year through normal processing. Under Premium Processing, USCIS guarantees petitioners that, for a $1,000 processing fee, it will issue either an approval notice, or where appropriate, a notice of intent to deny, a request for evidence or open an investigation for fraud or misrepresentation, within 15 calendar days of receipt.

If you are applying for an R-1 nonimmigrant religious visa and your R-1 petitioner has already passed a USCIS on-site inspection, Premium Processing is now recommended for you.

About Our Law Firm

Neil A. Weinrib & Associates ("NAWLAW") is one of the leading law firms in the United States concentrating in immigration legal practice. We handle all types of visas and green card applications. We are large enough to be effective and small enough to care. Our clients trust us to find strategic solutions to their immigration legal problems.

Neil A. Weinrib & Associates
305 Broadway, Suite 1002
New York, New York 10007
T: (212) 964 - 9282
F: (212) 964 - 9525
http://www.nawlaw.com