House Republicans release Immigration Reform principles

Just the other day House Republicans released what they called their principles for pursuing Immigration Reform.  These included creating a method for many of those in the US to illegally to legalize their status, the need to strengthen our border controls as well as our tracking systems for when non-citizens enter and leave the US,

H-1Bs: Is there a minimum wage I need to pay my employees?

Under the H-1B statutes and regulations there are two concepts related to the wages that are required to be paid:  The “prevailing wage” and the “actual wage”.  The “prevailing wage” is general determined by the Department of Labor (DOL) through a prevailing wage request submitted online which details the job duties, educational and experience requirements,

H-1Bs – Who has to pay?

Many employers would prefer not to pay for the H-1B process for their employees that they agree to sponsor.  It can be an expensive process, and it would ease the concern of many employers if they did not have to foot all of the bill.  Alternatively, some employers want to be able to recoup those fees

H-Visa Season Opening!

As many of you know, the H-1B process has become a lottery.  For the past several years, USCIS has received more applications with the first week of availability (First week of April) than they have H-1B visas.  This means that they take all applications received and randomly select enough to ensure that they will use

February 2014 Visa Bulletin Released: No Real Surprises

Below is the update on visa number availability as reflected in the lated February 2014 Visa Bulletin. EB-2 China has moved forward to January 8. 2009 (a one month move) while India has stayed at November 15, 2004. The worldwide availability is still current. As stated before, it is doubtful if the India numbers will

I Know My Employer Sponsored Me, But I Found a New Job, Now What?

January Visa Bulletin Released

The January 2014 Visa Bulletin was recently released by USCIS last week.   Perhaps the most notable movement was for the worldwide EB-3 and China and Mexico EB3 numbers.  In all three of those cases, the priority date moved up almost 1 year to April 1, 2012.  The Philippines moved forward only one month in

PERM Processing Timelines: Not for the faint of Heart

The PERM process is not a short process even in the best of times.  It usually takes several months to put together and file.  There is a mandatory 60 day advertising and recruitment period.  Prior to that, you need to determine the job description and file and receive back the prevailing wage request.  This usually

Further Updates on the Visa Bulletin

Members of the American Immigration Lawyer’s Association met with Charles Oppenheim to discuss the upcoming December Visa Bulletin and, especially, the large backlogs for India.  Mr. Oppenheim provided the following updated information regarding immigrant visa usage for this fiscal year (October 1, 2013 – September 30, 2014).  Please note that the following are based on

The December Visa Bulletin: Bad News for India

The Department of State recently released its December Visa Bulletin which updated the priority date listings for immigrant visa categories and also provided some guidance as to future movement of these dates. In addition, Mr. Oppenheim, who is in charge of immigrant visa numbers and the visa bulletin for the Department of State, also met

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