WHAT'S NEW
Speaker: Neil S. Dornbaum; American Immigration Lawyers Association
Panel 1 - Initiating a
Panel 2 - Recruitment Steps, Completing the ETA-9089, Preparing an Audit File
Panel 3 - Practice Pointers for New Practitioners Based on Recent Trends: Potential topics are PERM Audit trends, a BALCA update, etc.
LABOR DEPARTMENT
Approx 204,280 cases received since
77% certified
20% denied
144,299 have been certified; 37,976 have been denied and 5,206 have been withdrawn.
Approximately 48,400 cases were certified during the two calendar quarters of FY2007. The top five (5) states of intended employment for those permanent labor certifications were
The 10 job titles certified for permanent employment included Computer Software Engineers (8,788), Computer Systems Analysts (2,404), Restaurant Cooks (1,623), Electronics Engineers (1,289), Computer and Information System Analysts (1,164), Financial Analysts (1,006), Market Research Analysts (874), Electrical Engineers (851), Computer Programmers (741) and Mechanical Engineers (719).
The U.S. Department of Labor (DOL) recently released updated information that is important to those undergoing the labor certification process, whether as petitioning employers or as foreign national beneficiaries. The DOL confirms that audits in
They also confirm that a new
The DOL confirmed that it is using audit procedures in an increasing number of
Our attorneys routinely speak at national conferences on employment based immigration. Mr. Dornbaum lectures extensively on
H-1B CAP HAS NOT BEEN INCREASED - ONCE AGAIN EXPECT CAP TO BE REACHED ON FIRST DAY PETITIONS CAN BE ACCEPTED (APRIL 1, 2008)
The H-1B Cap has been a major issue in that it has been reached in 8 out of the last 11 years. Since it was reduced in Fiscal Year 2004 from 195,000 down to 58,200, employers have had to deal with a significantly reduced qualifying time frame. In 2006, the H-1B Cap opened on April 1 and was exhausted on May 28th. This represented only a 58 day filing period. Last year 2007, the H-1B Cap was exhausted on April 2, 2007, the first day petitions can be filed for the 2008 fiscal year. Employers are advised to identify potential H-1B applicants as early as possible so that the filing material can be prepared in advance and ready to file for receipt by USCIS on April 1, 2008. If the number of receipts exceeds the number of visas available a lottery is conducted to select the approprate number of beneficiaries.
Remember that individual’s who already hold H-1B status and were subject to the H-1B cap, may transfer from one employer to another at any time and are not subject to the Cap. If you or your human resources department have any questions as to a candidate’s eligibility or wish our firm to conduct a training session for your recruiters, please contact our office to arrange.
H-1B in General:
We encourage both employers and individuals to contact our office to discuss cap options and alternatives to the H-1B program. We have been advising employers on non immigrant options for over 20 years and are recognized for our expertise in employment based immigration.
USCIS ADVISES THEY WILL ONLY ACCEPT EMPLOYMENT AUTHORIZATION REQUESTS FOR EXTENSION WITHIN 120 DAYS OF EXPIRATION
Many individuals hold Employment Authorization Documents (EADs) received as the result of I-485, Application of Status filings. This is particularly so, following the large volume of I-485 filings made during the summer of 2007. These EADs have a one-year validity and can be renewed during the time when the I-485 remains pending. The U.S. Citizenship and Immigration Services (USCIS) recently has updated and clarified the timing rules for the filing of EAD renewals. Since USCIS has been taking in excess of 120 days to process the initial and extension requests we have traditionally identified these cases for filing six (6) months in advance. Now USCIS will only accept filing within 120 days of expiration.
This is a bad decision by USCIS, since a person working under an EAD must stop work when the card expires even if a timely request for extension has been filed. The failure of USCIS to timely process these cases will also effect ones ability to extend a drivers license.
The USCIS's revised instructions make it clear that EAD renewals cannot be filed more than 120 days in advance of the expiration date of the most recent EAD. Any cases filed prior to this will be rejected. This rule applies to all EAD filings made on or after January 29, 2008.
The Department of Homeland Security (DHS) issued a final rule, effective November 1, 2007, that eliminates the requirement of possessing the Original receipt notice for a filed I-485, Application for Adjustment of Status, for foreign nationals who travel abroad under their current H or L status. Before this Final Rule was published, a pending I-485 application was voided if the applicant traveled abroad without either an approved advance parole (AP) or a valid H (H-1B/H-4) or L (L-1/L-2) visa together with the original receipt notice pertaining to the filing of an application for adjustment of status, upon reentry into the
The Final Rule repeals the I-485 receipt notice requirement and allows applicants in H-1B/H-4 or L-1/L-2 to travel without it, without risking the validity of their pending I-485 applications. The rule was issued in the wake of the June, July, August months where many immigrant classes were deemed current and there was a wave of filed I-485s for which receipts could not be issued timely due to volume. In an effort to increase convenience and eliminate unnecessary burdens on traveling foreign nationals the requirement was lifted. The Department of Homeland Security could not guarantee immediate issuance and mailing of receipt notices due to the influx of applications, therefore, to avoid problems for applicants in H1B/H-4 or L-1/L-2 status who want or need to travel abroad, this Final Rule was issued to accommodate any immediate and necessary travel by I-485 applicants currently in H or L status.
Please be advised that our office can also assist individuals in the processing of immediate relative petitions for spouses, children and parents. We also have a team of professionals to assist in fiancée visa processing and other family related matters.
NEW I-9 FORM IS RELEASED FOR IMMEDIATE USE
On November 7th, 2007, the
The revision of the Form I-9 seeks to achieve full compliance with the document reduction requirements of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRAIRA"), which reduced the number of documents that employers may accept from newly hired employees during the employment verification process.
The minimum penalty for knowing employment of an unauthorized alien increases by $100, from $275 to $375. Some of the higher civil penalties are increased by $1,000; for example, the maximum penalty for a first violation increases from $2,200 to $3,200. The biggest increase raises the maximum civil penalty for multiple violations from the current $11,000 to $16,000. These penalties are assessed on a per-alien basis; thus, if an employer knowingly employed, or continued to employ, five unauthorized aliens, that could result in five fines.
The Department of Labor is now taking a much more aggressive enforcement stance, and the potential penalties include back wages, civil money penalties ($375 to 3,200 per violation) and/or other remedies determined by the
AWARDS
We are pleased to announce that Neil Dornbaum Esq. and Kathleen Peregoy Esq. have been selected for inclusion in the 2007-2008 “Best Lawyers in
Mr. Dornbaum has been appointed for 2007-2008 by the President of the
1) advocates for statutory and regulatory modifications in law and governmental practice consistent with
2) provides continuing education and timely information about trends, court decisions and pertinent developments for members of the legal community, judges, affected individuals and the public; and
3) develops and assists the operation of pro bono programs that encourage volunteer lawyers to provide high quality, effective legal representation for individuals in immigration proceedings, with a special emphasis on the needs of the most vulnerable immigrant and refugee populations.
Neil Dornbaum has been named as one of only five attorneys in
Ms. Peregoy is the past Chair of the Immigration, Naturalization and Americanism Section of the New Jersey State Bar Association.
The firm has also been listed in Martindale-Hubbell’s' “Bar Register of Preeminent Lawyers”.
Mr. Dornbaum and Ms. Peregoy have both been named as “Super Lawyers“ in the April 2007 supplement in
POSITION OPENINGS
Our firm continues to grow to meet the needs of our clientele and we continue to look for talented paralegals/legal assistants/computer project personnel who wish to join our dynamic group of professionals. Candidates must have a bachelor's degree, strong skills in computer use and possess excellent verbal and written communication skills and the ability to perform multiple tasks in a fast paced environment. We will train and therefore no prior experience is necessary. If you are a bachelors degree holder and are undecided if you wish to go on to graduate school, you may want to consider working with us to get experience. Backgrounds in science and engineering are especially helpful to process employment based immigration matters. We offer excellent benefits including medical, dental and 401k. Send resume and salary history to info@immigrationlawyersnj.com
Paralegals: Will prepare business and family based immigration applications (nonimmigrant and immigrant). Experience with PERM, I-140's, Adjustment of Status, Naturalization is a plus. 1-5 years exp req.
Legal Assistants: Will be trained in a range of business immigration matters, utilizing carefully developed procedures and state of the art case management systems. 0-2 years exp req.
Internships: We accept interns who are rotated through all law office procedures. Rotation depends on ability but would include reception; file room; billing; document production; data entry; correspondence and client contact; no exp req. but must work a minimum of 3 days full time (9-5) per week.