New VISANOW Resource Center & Blog
VISANOW is excited to launch a new immigration resource center on visanow.com. The resource center puts all of the latest information at your fingertips. Whether you need guidance on how to conduct layoffs, improve your workplace enforcement compliance or a general how-to navigate the immigration process, you now have access to numerous webcast recordings, white papers, how-to guides, etc. Check out the resource center.

Also, VISANOW has officially launched its first blog! The blog will allow us to get the latest immigration news to you faster than ever before, and will cover a wide range of topics such as U.S. and International immigration updates, Immigration Reform Insight and fun stuff like immigration-related books and movies like the recently released Sin Nombre. Be the first to know the latest in immigration news, check out the VISANOW blog and subscribe.

Upcoming Free Webinars:
After the Recession: Immigration Strategies for a New World
Regardless of when the current recession actually ends, it has already changed the way global business is conducted and in turn has created a new world for corporate immigration. Governments seek to protect local labor markets through tougher immigration rules and more diligent enforcement. Soaring unemployment creates dramatically different immigration conditions which also impacts corporate compliance. Cost control is at an all time high as corporations struggle to survive.

VISANOW has partnered with HR.com to present “After the Recession: Immigration Strategies for a New World” on October 29 at 11:00 a.m. ET /10:00 a.m. CT.

This webcast will cover global best practices to respond to the challenges of this new corporate immigration world. Learn how to manage more stringent immigration legislation and regulations, minimize legal non-compliance risks and demonstrate cost diligence without sacrificing results. In addition, we will explore how to take advantage of certain immigration opportunities presented by the economic recession. Register now.

Navigating the H-1B Application Process
The FY2010 H-1B cap has not been met, but now its even harder to secure an H-1B visa with the current recession. To help you navigate the H-1B immigration process and realize opportunities from the unfulfilled cap, VISANOW will present a live webcast on October 14 at 2:00 p.m. ET/1:00 p.m. CT.

This complimentary webcast will introduce the basics of the U.S. visa immigration process, cover the H-1B qualifications/cap and detail the recent FEIN and iCert changes. Further, VISANOW will provide tips to avoid common filing errors and Requests for Evidence (RFEs).

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U.S. Immigration News

Erroneous Denials due to Service Center RFE Non-Delivery
The Vermont Service Center (VSC), one of the four service centers for the U.S. Citizenship and Immigration Services (USCIS), advised that about 1,000 Requests for Evidence (RFE) dated June 4, 2009 were prepared, but never sent out due to an unknown Service error. Approximately 300 of these cases have been denied, because of failure to respond to the RFE notices that were actually never delivered. The VSC promised it will automatically re-open the affected cases, and will refund any fees if a Motion to Reopen was filed. The VSC will re-send the RFE to the proper recipients, and all petitioners are expected to be notified by August 31, 2009. 

The VSC believes this mishap was isolated to June 4, 2009, but about 300 cases have received unsubstantiated denials due to this USCIS error. If you believe that you have a case that was denied for failure to respond to an RFE that was never issued, please contact your immigration services provider to inquire about your cases with the VSC. 

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FEIN Verification Issues Causing DOL Denials of LCA Submissions under iCert
On July 1, 2009, the Department of Labor (“DOL”) introduced its new iCert online Labor Condition Application (“LCA”) system, an online portal allowing for the submission and approval of LCAs, which are then filed with H-1B submissions. Unfortunately, many U.S. employers are facing problems obtaining certified LCAs via iCert, receiving denials for the DOL’s inability to verify the employers Federal Employer Identification Number (“FEIN”) in the iCert database.

Contact your immigration services provider if you receive these denials to submit further evidence of valid FEIN numbers to the DOL and to re-submit your LCA application.

In light of these denials, the DOL has upgraded its iCert database system to account for FEIN numbers previously verified in the course of pending PERM cases. Broadening the iCert database to include information verified in separate DOL proceedings will certainly help reduce the number of ‘erroneous’ LCA denials for U.S. employers. Even with this recent upgrade, employers can take extra steps to minimize the likelihood of LCA denials related to FEIN verification issues. In support of a valid FEIN number, employers are encouraged to submit documentation or evidence generated directly by the Internal Revenue Service (“IRS”). Because the FEIN is issued by the IRS, materials generated by the IRS which clearly bear the employer’s name and FEIN number offer the best chance for quick and effective verification by the DOL. Also, employers may wish to consider initiating FEIN verification themselves, proactively, before submitting an LCA for processing. This allows employers to speed the verification process to strengthen any subsequent LCA filings.

The DOL has consistently maintained that after initial submission, LCA verification under iCert is to be completed within a seven business day timeline. An LCA that is denied for FEIN verification purposes is a final action on that application; thus, once the FEIN has been confirmed, the employer is required to submit a second LCA. This of course means a delay in processing times.

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Immigration Reform Derailed?
Immigration reform timing and passage may be slipping. The tanglement between IR and healthcare reform in regards to illegal immigrant healthcare coverage, has contributed to healthcare reform delays, which will in turn delay IR efforts as Congress will disband for the rest of the year in early October. Further, Sen. Schumer [D-NY] did not deliver on his promise to have an IR bill drafted by Labor Day, and the timing is now rumored to be Spring 2010. While the timing for IR looks bleak, the commitment in Congress still thrives as Luis Gutierrez (D-IL) has recently vowed to introduce a bill in the House of Representatives by October 13.

Stay up to date on the latest happenings with immigration reform, subscribe to the Inside Immigration Reform newsletter.

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October Visa Bulletin
The October Visa Bulletin is the first bulletin of Fiscal Year 2010, and has been the most anticipated bulletin as it may given an indication of how much forward movement might be expected for the backlogged employment-based visa categories. However, the signals were decidedly mixed: the priority dates for Chinese and Indian nationals in the Employment-Based (EB) second category (members of the professions holding advanced degrees or persons of exceptional ability) stayed at 2005 and actually moved forward, but the priority dates in the EB third category (skilled workers, professionals, and other workers) moved back to 2002.

The new set of visa numbers for the fiscal year brought good news for Chinese and Indian nationals in the EB-2 category. After a brief movement backwards during the summer, the priority dates suddenly leapt forward to 2005 with the September Visa Bulletin. It was thought that the forward surge only indicated the government’s effort to use up all remaining numbers for Fiscal Year 2009. However, there was actual movement forward even from September’s dates.
Bear in mind that not all EB-2 cases that are current under this bulletin will be approved, because the government will only approve as many cases as necessary to use up the remaining immigrant visa numbers for this fiscal year. It is already known that the number of currently pending Form I-485 permanent residency applications exceed the quota for this fiscal year. Thus, retrogression is inevitable, and it is merely a question of how quickly the government will distribute the numbers.

Those in the EB-3 category did not receive news as fortunate. Before the visa numbers in this category ran out only halfway through FY2009, the government had been processing cases with priority dates in 2003 (except for India, which was at 11/01/2001). The new bulletin shows that the government will not pick up where they left off, having moved the dates back to 2002 (India has moved back to 04/15/2001).

This is not just an indication of the size of the backlog, but the fact that the government is mandated by law to allocate the distribution of visa numbers throughout the year. Again, retrogression is inevitable, and it is only a question of whether the government will run out of numbers in six months, which happened last year.
 

Employment-Based Visa Bulletin for October 2009

Legend

• C = current as there is no waiting period necessary to file the I-485
• U = unavailable as visa supply has been exhausted for the remainder of fiscal year, or legislation creating the category has expired
• Date indicated = cut-off date that indicates a backlog; if the priority date (date the labor certification or I-140 was filed, depending on the type of case) is BEFORE date listed, the I-485 can be filed

Employment-based Preferences

• First: Priority Workers
• Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
• Third: Skilled Workers, Professionals, and Other Workers
• Fourth: Certain Special Immigrants
• Fifth: Employment Creation

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International Immigration News
 

New Colombian Regulations Offer More Benefits for Visa Holders
New regulations in Colombia have been implemented for business visas and workers providing technical service, offering increased flexibility. Under the new rules, business visa holders (Visa de Negocios) can stay in Colombia for up to one year, sponsor their dependants, and attain work authorization while remaining in Colombia. Additional regulation changes include allowing workers to enter Colombia and perform short term technical services on a permit and only having to apply for a visa if they stay for an extended period of time.

These regulation changes have increased the flexibility of terms for business visa holders and those performing short-term technical services. Contact your immigration services provider if you have any additional questions or to see if you qualify.

With the new regulations, business visa holders can now stay for an additional six months. Additionally, foreign nationals of countries that are members of free trade or other international agreements with Colombia may be stay up to two years. Further, business visa holders can now sponsor their dependants by completing the new Dependant Business Visa application – prior to this new category, business visas holders could not sponsor dependants. Lastly, business visa holders can also change their status while staying in Colombia to work authorization by applying directly to the Colombia Foreign Ministry of Foreign Affairs, eliminating the previous requirement of having to leave the country prior to filing for work authorization.

In regards to workers on short-term technical assignments, unrestricted foreign nationals or Business Visa-exempt nationals do not need a visa but must apply for a permit at the border upon entry to Colombia. The visa is issued for up to 45 days and is granted for urgent technical needs. Furthermore, if unrestricted nationals need to stay longer than 45 days, they can apply in Colombia for a technical visa and stay for up to 180 days. Restricted nationalities or Business Visa nationals need to apply for the technical visa at the Colombia Consulate abroad.

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VISAPOINT Launched in the Czech Republic to Improve Visa Process
Czech Republic has taken steps to improve their visa process at various consulates by implementing a new system called VISAPOINT, a web-based visa appointment system. VISAPOINT registration is necessary for all visa applications for stays over 90 days and residence permit applications in the Czech Republic. However, the applications will still be submitted separately at the Embassy/Consulate, but VISAPOINT is also being tested for this capability in the future.

The new system will improve the current process by eliminating long call waits or lines in front of the embassy to make an appointment with the primary objective to guarantee fair and equal access alongside convenience to all foreign nationals. Contact your immigration services provider for assistance as third party providers are able to use VISAPOINT to make appointments on your behalf and save you all of the hassle.

Currently, VISAPOINT has been implemented at 15 Czech embassies around the globe such as China, Serbia, Thailand and Mongolia, with Russia possibly next on the list of embassies using the system. Embassies reserve the right to change the date and time of appointments, but there is the option to reschedule or cancel once reserved at least seven days before the original appointment date.

Further, registering for an appointment on VISAPOINT does not grant an actual visa and the application must still be submitted in person on the day of your appointment set up by VISAPOINT.

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Diploma Legalization Now Required in Russia
Russian immigration authorities will no longer accept standard or notarized diplomas as proof of professional education for work permit applications. Diplomas will only be accepted if they are “legalized” or certified by an Apostille. An exception where notarized documents will still be accepted is made for 31 countries that have a mutual recognition of official documents with Russia.

If your education institution is not located in these countries and you are applying for a work visa in Russia, you will need additional consular/apostille services, which may add additional time to develop your visa application. Contact your immigration services provider for questions or assistance.

The requirement of legalization, the process of certifying a document to be recognized by the legal system of a foreign country, or certification by an Apostille, legalization of a document for international use under the terms of the 1961 Hague Convention, has been in effect since 2006, but Russian authorities are now beginning to strictly enforce this requirement.

Based upon a mutual recognition of official documents, Russia will continue to accept notarized translations from the following countries: Albania, Algeria, Armenia, Azerbaijan, Belarus, Bosnia and Herzegovina, Bulgaria, Croatia, Cuba, Cyprus, Czech Republic, Estonia, Hungary, Latvia, Lithuania, Kazakhstan, Macedonia, Moldova, Panama, Poland, Poland, Romania, Serbia and Montenegro, Slovak Republic, Slovenia, South Korea, Spain (applies to documents issued by the Spanish Registry Office only), Tajikistan, Turkmenistan, Ukraine, Uzbekistan, and Vietnam. If your education institution is not located in any of these countries, you should be mindful that you will need additional consular/apostille services to process your application.

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