| USCIS TO EXPAND PREMIUM PROCESSING OF EB3 I-140s Starting Aug 28, 2006!!! The U.S. Citizenship and Immigration Services (USCIS) announced on August 18, 2006 that Premium Processing will be available for most employment-based, third preference (EB3) I-140 immigrant petitions as of August 28, 2006. The premium processing procedure provides for expediting case processing for an additional $1000 USCIS processing fee. Such cases are supposed to be reviewed by the USCIS within fifteen (15) calendar days and, if a Request for Evidence (RFE) is issued, the USCIS has another 15 days to review and make a decision once the RFE response has been received. Starting on August 28, USCIS will begin accepting Premium Processing requests for petitions involving two employment-based immigration 'categories' within the third employment-based 'preference.' Those categories involve EB-3 Professionals, (i.e. immigrant workers with bachelor degrees who are members of the professions), and EB-3 Skilled Workers, (i.e. immigrant workers capable of performing skilled labor requiring at least two years of education, training or experience). Employers file for both categories using an Immigrant Petition for Alien Worker (Form I-140). Premium Processing is not available to 'other workers' in the EB-3 category for jobs that do not require two years of education, training or experience." The expansion of premium processing to I-140 immigrant petitions, by the employer for an employee, is currently limited to EB3 cases filed under either the professional or skilled worker grouping. It is not available for EB3 "other workers." The notice was silent with respect to Schedule A cases, but these fall under the qualifying EB3 categories. It appears that Schedule A cases would be therefore eligible. Late-Breaking News! H1B Advanced Degree Cap of 20,000 Has been Reached! According to the latest USCIS update of the H1B cap count for U.S. advanced degree cases, approximately 100% of the H1B numbers have been used under the Fiscal Year (FY) 2007 quota. USCIS has determined that the "final receipt date" for these exempt H-1B petitions is July 26, 2006. Petitions received on July 26, 2006 are subject to the random selection process. Any petitions received after the final receipt date will be rejected, unless the petition is eligible for a separate cap exemption. Unfortunately, anyone who wishes to file under the advanced degree quota exemption will now have to wait until October 2006 to apply for Fiscal Year 2008 H-1B visa numbers. The Following Types of Cases Do Not Count Toward the Mandated H-1B Cap:
* Change the terms of employment for current H-1B workers. * Allow current H-1B workers to change employers. * Allow current H-1B workers to work concurrently in a second H-1B position. Department of Homeland Security Announces 18- Month Extension of Temporary Protected Status (TPS) For Nationals of Somalia Somalia until March 17, 2008. Under this extension, those who have already have TPS are eligible to work and live in the United States for an additional 18 months while maintaining their status. DHS also automatically extended the validity of Employment Authorization Documents (EADs) for eligible Somalis for an additional 6 months until March 17, 2007. The extension of Somalia's TPS designation is effective September 17, 2006, and will remain in effect until March 17, 2008. Current nationals of Somalia with TPS must re-register for the 18-month extension during the 60-day re-registration period, which beginning July 27, 2006 and will remain in effect until September 25, 2006. Individuals should register as soon as possible. Automatic Extension of Employment Authorization Documentation for El Salvadoran TPS Beneficiaries Employment Authorization Documents (EADs) issued under the designation of El Salvador for TPS and bearing an expiration date of either July 5, 2006 or September 9, 2006 are automatically extended until March 9, 2007. Prior to the most recent extension of El Salvador for Temporary Protected Status (TPS), the designation of El Salvador for TPS was set to expire on September 9, 2006. USCIS Raises Filling Fees for H-1B and L-1 Categories As of December 8, 2004 the filing fee for a Form I-29 for a Nonimmigrant Worker, which previously required a filing fee of $185, adds $1500 to H-1B petitions for companies with more than 25 employees and $750 for companies with 25 of fewer employees. Beginning March 8, 2005 an additional $500 Fraud Fee will also be added for any initial H-1B or L-1 petition. L-1B "Specialized Knowledge" Beginning March 8, 2005 USCIS will narrow the definition of L-1B Specialized Knowledge requirements. An L-1B filed by an employer will not be approved if the prospective employee will be placed at a location in the United States that is not the employer's site unless evidence is submitted that the employer or its affiliate has control and supervision over the employee. USCIS Eliminates Six-Month Requirement for L-1 Blanket Petitions As of June 8, 2005 employers wishing to transfer intra-company personnel to the United States under a "blanket L-1 petition" must show that the employee has been employed abroad for at least twelve months. The previous regulation required only six months. Post 9/11 Clearances As a result of strict and rigorous clearance requirements for nationals of certain countries and employees with certain technological backgrounds, employers should still be prepared for somewhat lengthy delays at U.S. embassies and consulates prior to the issuance of a visa. Approval of H-1, L-1 or other nonimmigrant petitions by USCIS does not guarantee immediate issuance of a visa if the above mentioned clearances have not been completed. Expect 1-3 month delays if the employee is subject to clearances. State Department Eliminates Revalidation of Visas in Washington D.C. Last year the State Department eliminated its long lived program of permitting certain foreign nationals with previously issued visas, such as H, L, or E to revalidate those visas inside the United States. All foreign nationals requiring new visas, regardless of the fact that they were previously issued a similar visa, must apply for their visas at a U.S. embassy or consulate outside the United States. Australian, Chilean and Singaporean Free Trade Visas A new H-1B(1) category exists for professionals who are citizens of Australia, Chile or Singapore. These three countries have been added to the already existing free trade qualifying countries Mexico and Canada. Employees applying under this category may do so directly at a U.S. embassy or consulate abroad, without the need for filing a petition with USCIS. |
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