Family Based	All chargeability Areas Except Those Listed	CHINA –mainland born	INDIA	MEXICO	PHILIPPINES
1st	15MAR02	15MAR02	15MAR02	22JUL92	15MAR93
2A	15JUL03	15JUL03	15JUL03	01MAY02	15JUL03
2B	01AUG99	01AUG99	01AUG99	08APR92	22FEB97
3rd	08JUN00	08JUN00	08JUN00	01AUG92	01APR91
4th	22AUG97	01FEB97	01FEB97	15DEC94	08MAR86

EMPLOYMENT-BASED PREFERENCES

First: Priority Workers:  28.6% of the worldwide employment-based preference level, plus any numbers not required for fourth and fifth preferences.

Second:  Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability:  28.6% of the worldwide employment-based preference level, plus any numbers not required by first preference.

Third:  Skilled Workers, Professionals, and Other Workers:  28.6% of the worldwide level, plus any numbers not required by first and second
preferences, not more than 10,000 of which to "Other Workers".  

Fourth: Certain Special Immigrants:  7.1% of the worldwide level.

Fifth: Employment Creation:  7.1% of the worldwide level, not less than 3,000 of which reserved for investors in a targeted rural or high-unemployment area, and 3,000 set aside for investors in regional centers by Sec. 610 of P.L. 102-395.

"C" means current, i.e., numbers are available for all qualified applicants; and "U" means unavailable, i.e., no numbers are available.  (NOTE:  Numbers are available only for applicants whose priority date is earlier than the cut-off date listed below.)

Employment Based	All Chrgeability Areas Except Those Listed	CHINA – mainland born	INDIA	MEXICO	PHILIPPINES
1st	C	C	C	C	C
2nd	C	01APR04	01APR04	C	C
3rd	01MAR06	22MAR03	01NOV01	01JUL02	01MAR06
Other Workers	01JAN03	01JAN03	01JAN03	01JAN03	01JAN03
4th	C	C	C	C	C
Certain Religious Workers	C	C	C	C	C
5th	C	C	C	C	C
Targeted Employment Areas/ Regional Centers	C	C	C	C	C

For more information visit http://www.travel.state.gov/visa/frvi/bulletin/bulletin_1360.html

“Less than one percent of all work-authorized employees receive a tentative non-confirmation through E-Verify,” said USCIS Acting Director Jonathan Scharfen. “While this is a very small percentage, we believe every employee who is authorized to work in the United States should be instantly authorized by the program. We’re confident that the enhancements we’re launching today will help us achieve that goal.”

The E-Verify system will include naturalization data, which will help instantly confirm the citizenship status of naturalized U.S. citizens hired by E-Verify employers. Naturalized citizens who have not yet updated their records with the Social Security Administration (SSA) are the largest category of work-authorized persons who initially face an SSA mismatch in E-Verify.

E-Verify also will now include real time arrival data from the Integrated Border Inspection System. This additional data source will reduce the number of immigration status related mismatches for newly arriving workers who have entered the country legally.

More than 64,000 employers participate in E-Verify with approximately 1,000 new enrollments weekly. The Web-based system allows participating employers to electronically verify the employment eligibility of newly-hired employees. USCIS operates the program in partnership with SSA.

A naturalized citizen who receives a citizenship mismatch with SSA can call USCIS directly to resolve the issue (in addition to the option of resolving the mismatch in person at any SSA field office.)

Additional details on the program are available on the E-Verify Web site at www.uscis.gov/e-verify.

July 2007, USCIS received 460,000 applications for naturalization. That was three times the record for any previous month. For the year 2007, USCIS received 1.4 million naturalization applications, almost double the normal annual volume.

The processing times listed below provide a sense of how quickly a case may be processed if there are no complicating factors. Some cases will take longer to complete for such reasons as:

• an applicant has been asked to submit additional information and their case is pending until they comply, or
• an applicant fails the naturalization test and has 60 days to prepare before they are retested, or
• the FBI name check is still in progress.

Additional details are available at www.uscis.gov

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.

The MVP Law Group can help you increase your chances of obtaining an H-1B visa this year

The MVP Law Group prides itself on its superior client service, technical expertise, high-quality work, years of experience with a concentration in business immigration law, strict personal/professional ethics, and creative problem-solving ability. The MVP Law Group is well versed in the H-1B process. Over the years we have filed thousands of H-1B petitions. We have extensive experience in guiding employers of all sizes and individuals through the H-1B petition process.  We provide high-quality legal services by placing a premium on flexibility, state-of-the-art technology, personal integrity and a philosophy in which the client's needs are paramount. By utilizing these qualities, we have been extremely successful in filing H-1B petitions under cap deadlines and are ready to assist you with filing H-1B petitions under this year’s cap. Our law firm has already begun preparing cases for the cap deadline and we encourage you to do the same.

If you are an employer considering hiring new H-1B workers or if you are a foreign national considering working in the U.S. on H-1B visa, you should make a decision soon as to whether your would like to file an H-1B visa petition this year.

If you are considering filing H-1B visas, contact our office by calling (240) 390-0600 and set up a free consultation.

We look forward to hearing from you and assisting you with your H-1B petition.

The USCIS plans to hire at least 1,500 new regular employees by the end of this year to address this backlog of cases.

The first deadline for compliance with REAL ID for states to ensure that illegal aliens cannot obtain REAL ID is Dec. 31, 2009. Enrollment will be completed for all individuals under 50 years of age by Dec. 1, 2014. For all others, enrollment may be extended three additional years to Dec. 1, 2017. At that time, all state-issued drivers’ licenses and identification cards intended for official federal purposes which to access into a federal facility, boarding commercial aircraft, and entering nuclear power plants must be REAL ID compliant. 

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. 

If the lawsuit is successful, the court will certify classes, and all people who meet the class descriptions will receive the relief the court orders. The class members will not need to “sign up” with AILF to enjoy those rights.

Regarding “non-filers,” the government may try to, or the court may want to treat this class differently from the class of people who submitted applications for receipt in July.  

How soon will AILF file the law suit? Very soon. It is not easy or quick to prepare class action litigation involving numerous people and numerous claims, but AILF is working quickly because of the urgency of these events for so many people.

Injunction? AILF knows many people want a quick resolution. A temporary or ill-conceived order might create more chaos and confusion than we saw in late June / early July. And the government presumably would immediately appeal, creating even more confusion about whether applications were being accepted. By contrast, AILF intend to seek an injunction that will be forward-looking and will not create another crisis situation for AILA members or the government.

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 amended regulation prohibits the substitution of alien beneficiaries of labor certification applications as of July 16, 2007. The prohibition will not affect any labor substitution requests that are pending (in progress) with or approved by the DOL prior to July 16, 2007. 

No Modifications to Applications

The regulation clarifies the DOL’s existing “no modification” policy for Labor Certification applications filed on or after March 28, 2005 under the PERM process. The regulation states that requests for modifications to applications, where the application was filed after the rule’s effective date will not be accepted.

180 Day Validity Period for Labor Certifications

Under current regulations, an approved Labor Certification has no expiration date. The amended regulation changes this by requiring the petitioning employer to file an I-140 petition to proceed with the employment based immigration case within 180 calendar days of Labor Certification approval.   

Ban on Sale, Barter, Purchase, and Certain Payments

The regulation prohibits the sale, barter, and purchase of applications and approved Labor Certifications, as well as certain payments to employers in compensation or reimbursement for the employer’s costs incurred to obtain the labor certification. This includes the payment of the attorney’s fees and related costs.  

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 H-1B cap does not apply to foreign nationals who already hold H-1B status and are seeking to change the H-1B employer and/or extend their H-1B stay in the United States.

Family-Sponsored Preferences

1. First: Unmarried Sons and Daughters of US Citizens
2. Second: A) Spouses and Children, and B)Unmarried Sons and Daughters (21 years of Age or Older) of Permanent Residents
3. Third: Married Sons and Daughters of Citizens
4. Fourth: Brothers and Sisters of Adult Citizens

 Employment-Based Immigration

Employment-Based Preferences

1. First: Priority Workers
2. Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
3. Third: Skilled Workers, Professionals, and Other Workers
4. Fourth: Certain Special Immigrants
5. Fifth: Employment Creation (Investors)

Diversity Visa Priority Dates

• EB-1, outstanding professors and researchers
• EB-2, members of professions and advanced degrees or exceptional ability not seeking a National Interest Waiver, and
• EB-3, workers other than skilled workers and professionals (i.e., unskilled labor requiring less than two years of training and experience.

Starting September 25, 2006 businesses will have the option of paying an additional $1,000.00 Premium Processing fee in exchange for a 15-calendar-day processing of their I-140 Immigrant Petition for Alien Worker. To see the USCIS news release on EB3 premium processing click here. For more information on Premium Processing services offered by the USCIS visit this link.

	All Areas of Chargeability Except Those Listed	China – mainland born	India	Mexico	Philippines
Family-1st	May 1, 2000	May 1, 2000	May 1, 2000	Jan 1, 1993	Nov 1, 1991
Family-2A	Apr 22, 2001	Apr 22, 2001	Apr 22, 2001	Oct 15, 1999	Apr 22, 2001
Family-2B	Jan 1, 1997	Jan 1, 1997	Jan 1, 1997	Feb 15, 1999	Jul 22, 1996
Family-3rd	Oct 22, 1998	Oct 22, 1998	Oct 22, 1998	Jan 1, 1994	Aug, 1, 1990
Family-4th	Sep 15, 1995	Feb 1, 1995	Aug 1, 1995	Sep 15, 1993	Apr 1, 1984

Family-Sponsored Preferences

1. First: Unmarried Sons and Daughters of US Citizens
2. Second: A) Spouses and Children, and B)Unmarried Sons and Daughters (21 years of Age or Older) of Permanent Residents
3. Third: Married Sons and Daughters of Citizens
4. Fourth: Brothers and Sisters of Adult Citizens

 Employment-Based Immigration

	All Areas of Chargeability Except Those Listed	China – mainland born	India	Mexico	Philippines
Employment-1st	Current	Current	Current	Current	Current
Employment-2nd	Current	Apr 1, 2005	Jun 15, 2002	Current	Current
Employment-3rd	May 1, 2002	May 1, 2002	Apr 22, 2001	May 1, 2001	May 1, 2002
Employment-4th	Current	Current	Current	Current	Current
Employment-5th	Current	Current	Current	Current	Current
Employment-Schedule A Workers	Current	Current	Current	Current	Current
Employment – Other Workers	Jan 1, 2001	Jan 1, 2001	Jan 1, 2001	Jan 1, 2001	Jan 1, 2001
Employment – Religious Workers	Current	Current	Current	Current	Current
Employment-Targeted Employment Areas	Current	Current	Current	Current	Current

Employment-Based Preferences

1. First: Priority Workers
2. Second: Members of the Professions Holding Advanced Degrees or Persons of Exceptional Ability
3. Third: Skilled Workers, Professionals, and Other Workers
4. Fourth: Certain Special Immigrants
5. Fifth: Employment Creation (Investors)

Diversity Visa Priority Dates

Region	Region Number
Africa	5,700
Africa – Except Egypt	3,100
Africa – Except Ethiopia	3,500
Africa – Except Nigeria	2,700
Asia	1,550
Europe	3,450
North America – Bahamas	4
Oceania	150
South America and the Caribbean	225