Maryland Immigration Law Blog

It is anticipated that this year, as was the case last year, the USCIS will receive more petitions for new H-1Bs than there are numbers available. We will explain how this happens and how we can help employers that file H-1B petitions increase the chances of obtaining and H-1B visa for new employees. We are already accepting documents from both new and existing clients who are preparing for the H-1B filing deadline.

How does the H-1B quota work?

Each governmental fiscal year, the United States Citizenship and Immigration Service (USCIS) makes a predetermined number of H-1B visas available to those individuals who qualify. The government’s fiscal year begins on October 1^st but employers can begin applying for H-1B visas six months ahead of time. Therefore, the first available day for employers to file H-1B visas this year is April 1^st, 2008. The H-1B is a specialty occupation visa. A specialty occupation is defined as an occupation that requires at least a bachelor’s degree in the field of occupation for entry into the position. The H-1B visa is the most popular work visa category for foreign professionals working in the United States. For the past few years, the number of new H-1B visa applicants has greatly out numbered the number of visas allotted to this category. The “H-1B Cap” is presently set at approximately 58,000 visas with and additional 20,000 visas available to those individuals who have already earned a masters degree from an accredited US institution of higher learning. Based upon past history, it is anticipated that the USCIS will receive more than enough petitions to meet the regular H-1B cap of 58,000 on April 1^st, 2008, the first day that H-1B filing is allowed. The additional 20,000 masters’ cap will most likely be exhausted shortly thereafter. Please note that those individuals already working in the United States onH-1B visa do not count against the H-1B cap.

On January 11, 2008, the U.S. Department of Homeland Security (DHS) announced a final rule establishing minimum security standards for state-issued drivers’ licenses and identification cards to prevent terrorism and identity theft. Identity theft has increased by nearly 800 percent from 2000 to 2006, according to the Federal Trade Commission. REAL ID will give law enforcement and security officials a powerful advantage against falsified documents theft by a criminal or illegal alien. 

U.S. Citizenship and Immigration Services (USCIS) announced on November 7, 2007, the issuance of a revised Form I-9 “Employment Eligibility Verification Form” as part of U.S. Immigration and Customs Enforcement’s campaign to eliminate the employment of undocumented workers. 

As of December 26, 2007, employers must use the new Form I-9 to verify the identity and employment eligibility of all employees for all new hires and to reverify expiring employment authorization documents (EADs). The purpose of the new I-9 form is to remove documents that lack security protections against fraud, streamline the verification process, and promote enforcement. Employers who fail to use the new I-9 form on or after this date will be subject to fines and penalties. The new version covers Form I-9 revisions, instructions for completing the form, photocopying of documents, prohibited discrimination practices, examples of acceptable I-9 documents, E-Verify, and other issues. 

USCIS Announces Revised Processing Procedures for Adjustment of Status Applications

The following is the latest update from AILF regarding its pening legal action as posted on "AILA InfoNet Doc. No. 07062975 (posted Jul. 10, 2007)"

On Thursday May 17, 2007, the United States Department of Labor (DOL) published a regulation in the Federal Register amending the current regulations concerning the Labor Certification process for the Permanent Employment of Aliens in the U.S. This final regulation will be effective on July 16, 2007.

Synopsis of the Final DOL Regulation

This final regulation includes the following major changes to current Labor Certification Practices:

1.        The regulation prohibits the substitution of alien beneficiaries on permanent labor certification applications and resulting certifications;

2.        The regulation provides a 180-day validity period for approved labor certifications (Employers will have 180 calendar days from the date of the labor certification within which to file an I-140 Immigrant Petition for Alien Worker for the beneficiary of the approved Labor certification with the Department of Homeland Security (DHS));

3.        The regulation prohibits the sale, barter or purchase of permanent labor certification applications;

4.        The regulation requires employers to pay the costs of preparing, filing and obtaining a Labor Certification. The regulation strictly prohibits an employer’s transfer to the alien beneficiary of the employer’s costs incurred during the labor certification or application process;

5.        The regulation reinforces the existing law pertaining to the submission of fraudulent or false information and clarifies the DOL procedures for responding to incidents of possible fraud; and

6.        The rule establishes procedures for debarment from the permanent labor certification program.

The U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B petitions for professionals that count against the FY2007 cap on April 1, 2007. These professionals will be eligible to begin H-1B employment on October 1, 2007.

Employers looking to hire new H-1B professionals are urged to begin the H-1B petition process now. Keep in mind that last year, all 65,000 H-1B numbers were utilized within 56 days of the April 1^st filing date. This year we anticipate that the H-1B cap will be met even earlier.

The Department of State released its visa bulletin for November 2006. You can visit the Sate Department’s website to view the Visa Bulletin. We have summarized the priority dates for you below.