November 23, 2010 marks the hard start of when the USCIS (United States Citizenship and Immigration Services) will begin collecting fees according to their latest fee adjustment and release both new and revised forms for immigrant applications and petitions.   This same day also presents a milestone for the first-ever Fee Waiver Request Form, meant to provide standardization and instruction on how waiver approvals are accepted.  Applications and petitions postmarked on or after Nov. 23, 2010 must include this updated fee or a fee waiver request that is later approved.  View the complete and updated fee schedule.

Below is a snapshot of the revised forms and instructions:



Form...

The November 2010 mid-term elections exposed voter frustration as a rebalance of power in the previously democratic-controlled House of Representatives and Senate came to fruition.  The tentative outcome grants Republicans power in the House of Representatives but not in the Senate, and although the Democrats retain majority in the Senate, they’ve lost a significant number of seats.  These final results may not be confirmed until January 2011, when congress is sworn in, due to the outcome of a number of races still pending.  With a divided congress, it is no secret that most believe immigration will have trouble moving forward in the upcoming year or until one party retakes power.   The first opportunity to substantiate that claim may arrive sooner than expected in the ongoing lame duck session, when Senator Harry Reid will reintroduce the heavily debated DREAM Act.  President Obama is supporting the initiative and announced...

The U.S. Citizenship and Immigration Services (USCIS) released H-1B cap numbers as of 11/19, receiving 48,977 toward the 65,000 cap-subject H-1B petitions and 17,832 towards the 20,000 H-1B Master's category.

Thus, H-1B cap numbers remain available, and there is still time to submit your FY2011 H-1B visa application for foreign national applicants beginning employment on October 1, 2010 or later.

Contact your immigration services provider to see if this is an option for you/your foreign national.

Photo attribution: http://www.flickr.com/photos/8042373@N03/

Another set of visa fee hikes for UK visa applications was scheduled to go into effect in November as an effort to reduce the nation’s budget deficit and preserve border cost security, but, a notice has been issued that the proposed fee increases will be postponed.   While the reasoning for the delay was not publicized, the fee increases are still expected to go into effect in the near future.  The November changes would be the second round to take effect after initial increases in October.  Last month’s fee changes remained at or below the cost of processing, despite changes of £400 in some areas; therefore subject to a negative parliamentary process (an automatic law unless challenged).   Conversely, the changes slated for November, are above the processing costs and subject to affirmative parliamentary procedure (law must be approved by both houses), quite possibly the reason for delay. While the changes are carried out, measured...

In continued efforts to combat forgery and tampering of immigration documents, the U.S. Citizenship and Immigration Services (USCIS) unveiled an enhanced Certificate of Naturalization (Form N-550) certificate that is received after taking the Oath of Allegiance to the United States and serves as evidence of citizenship. This security enhancement comes after the USCIS recently introduced a new, security-enhanced green card back in May, and showcases the USCIS’ continued commitment to improve the integrity of the immigration system.

The redesigned naturalization certificates include the following enhancements:

Embedded digitized photo and signature Background featuring color-shifting ink Certificates printed utilizing tamper-resistant technology A standardized size of 8 ½ by 11 inches Automated production process...

Catholic Healthcare West (CHW), the eighth-largest health system in the nation, resolved allegations with the Department of Justice last week for engaging in a pattern or practice of citizenship discrimination during the new hire I-9 process.   The terms of the settlement establish conclusive judgments that CHW mandated non-U.S. citizens and naturalized U.S. citizens to provide more work authorization documents than what is asked of native-born U.S. citizens and what is required by federal law.  Unfair documentary practice is prohibited by the Immigration and Nationality Act, whose objective is to prevent employers from discrimination based on the employee’s national origin or citizenship status.  

**Register for VISANOW’s upcoming HR.com webcast to learn more about I-9s and avoiding discrimination/non-compliance on November 18.**

CHW’s indictment will cost them $257,000 in civil penalties as well...

The U.S. Citizenship and Immigration Services (USCIS) released H-1B cap numbers as of 10/22, receiving 44,300 toward the 65,000 cap-subject H-1B petitions and 16,200 towards the 20,000 H-1B Master's category.

Thus, H-1B cap numbers remain available, and there is still time to submit your FY2011 H-1B visa application for foreign national applicants beginning employment on October 1, 2010 or later.

Contact your immigration services provider to see if this is an option for you/your foreign national or learn more about best practices for preparing your FY2011 H-1B application.

Photo attribution: http://www.flickr.com/photos/8042373@N03/

As we approach the final stretch of campaigning for mid-term elections, it’s impossible to avoid the ad attacks invading various media outlets throughout the nation.   Immigration is one of the issues that has been the subject of many recent ad attacks. Candidates are quickly pointing fingers at opponents who either support or neglect immigration reform and construct a conflicting argument.  Since Arizona adopted a controversial immigration law in April 2010, immigration reform was mixed back into the national conversation and became a dividing issue for the midterm elections.   The current economic climate, coupled with increased violence in Mexico, has justified many candidates’ reasoning for opposing immigration reform and using it as a headliner in the upcoming election.

Historically, the strategy of running anti-immigration policies has backfired for candidates in the past.  If we look at 2006,...

Fiscal year 2011 is now underway and the government’s strategy shift in immigration enforcement is ongoing as the ICE (United States Immigration and Customs Enforcement) released record-breaking figures revealing the highest deportation numbers and the most employer audits in our nation’s history.  The Department of Homeland Security (DHS) announced a goal back in 2009 to focus accountability on employers, who they believe are the root of the illegal immigration problem.   While the system is designed to prosecute businesses that consciously hire illegal immigrants, many of the audits have resulted in fines for respectable employers and small businesses that unknowingly filled out I-9 forms incorrectly, immigrant and non-immigrant employers alike.

The Obama administration has made drastic changes since the presidency of George W. Bush, who focused on tracking down the workers themselves and arresting on the spot.  These workplace raids were costly and gained criticism about their efficiency and parity.   The new objective is to reduce the supply that attracts undocumented workers from the get-go, with a cost-effective and evenhanded process.   

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The November 2010 Visa Bulletin shows some measured progress, signaling that Fiscal Year 2011 may be one of relatively slow advancement.  In contrast, the priority date for spouses and children of lawful permanent residents confirms speculation that the category may become current relatively soon.

In the employment-based Visa Bulletin, every category showed at least a week or two of progress except for the EB second preference category for Indian nationals.  This is the third month in a row where the cut-off date for that category has held at 05/08/2006.  This most likely indicates that the government is still working to clear out the backlog of green card applications for those whose priority dates are now current.

Meanwhile, the other categories show small gains:

Chinese nationals in the EB-2 category moved ahead by 10 days, to 06/01/2010. In the...