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	<title>Labor Immigration Law</title>
	<link>http://www.laborimmigration.com</link>
	<description>United States Labor Immigration Law News and Analysis</description>
	<lastBuildDate>Thu, 11 Mar 2010 03:38:41 +0000</lastBuildDate>
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	<item>
		<title>Greece to be Designated a Visa Waiver Program Country</title>
		<description><![CDATA[The U.S. Department of Homeland Security (DHS) Secreatary Napolitano announced that DHS will designate Greece as a Visa Waiver Program (VWP) yesterday, March 9, 2010.  As a result, Greek nationals will be able to travel visa-free to the United States effective April 10, 2010.
The VWP will enable citizens of Greece to travel to the [...]]]></description>
		<link>http://www.laborimmigration.com/2010/03/greece-to-be-designated-a-visa-waiver-program-country/</link>
			</item>
	<item>
		<title>VSC Officers and &#8220;Credit&#8221; for RFES</title>
		<description><![CDATA[During a recent AILA conference, the Vermont Service Center (VSC) Director Dan Renaud told the audience that the performance review structure for adjudicating officers has recently changed.  Pursuant to the new performance review structure, officers get credit for issuance of Requests for Evidence (RFES), in addition to issuing approvals and denials, under the previous [...]]]></description>
		<link>http://www.laborimmigration.com/2010/03/vsc-officers-and-credit-for-rfes/</link>
			</item>
	<item>
		<title>H-1B Cap for Fiscal Year 2011 Opens on April 1, 2010</title>
		<description><![CDATA[The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2011 (FY2011) quota.   The first day on which USCIS will accept new, cap-subject H-1B petitions, is April 1, 2010.
About the H-1B Program and the Annual Cap
The H-1B visa category was created in 1990 through the [...]]]></description>
		<link>http://www.laborimmigration.com/2010/03/h-1b-cap-for-fiscal-year-2011-opens-on-april-1-2010/</link>
			</item>
	<item>
		<title>NPR Story about the EB-5 Program</title>
		<description><![CDATA[The NPR ran a story yesterday, March 5th, on the EB-5 investor visa program.  While the story is intended for a general audience and is fairly general in nature, it is interesting to read (or listen to the podcast) a mainstream media story about this growing in importance and profile program.
One of the points of [...]]]></description>
		<link>http://www.laborimmigration.com/2010/03/npr-story-about-the-eb-5-program/</link>
			</item>
	<item>
		<title>AAO Processing Times Report (March 1, 2010)</title>
		<description><![CDATA[Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.
About the AAO
The AAO is an appeals office which handles appeals of certain decisions made by [...]]]></description>
		<link>http://www.laborimmigration.com/2010/03/aao-processing-times-report-march-1-2010/</link>
			</item>
	<item>
		<title>Citizenship Statistics</title>
		<description><![CDATA[As our office continues to handle an increasing number of citizenship application, we thought it would be interesting to share some naturalization statistics, grouped by decade, for the past four decades.
According to numbers provided by USCIS, the period between 2001 and 2010 noted a slowdown in the number foreign nationals becoming U.S. citizens.  The number [...]]]></description>
		<link>http://www.laborimmigration.com/2010/03/citizenship-statistics/</link>
			</item>
	<item>
		<title>K-3 Visa Application Procedure Changes</title>
		<description><![CDATA[The Department of State (DOS) announced recently that it is changing the procedure for K-3 (spouse) visa applications filed at U.S. consulates abroad.
The procedure is effective February 1, 2010, and applies in cases where the I-130 immigrant petition and the I-129F K-3 petitions are both approved and sent to the National Visa Center (NVC).  In [...]]]></description>
		<link>http://www.laborimmigration.com/2010/03/k-3-visa-application-procedure-changes/</link>
			</item>
	<item>
		<title>USCIS Expedite Criteria and Procedures</title>
		<description><![CDATA[Our office has handled many cases where a specific USCIS benefit or application must be approved on an expedited basis.  Also, we have received numerous inquiries from applicants who seek to expedite the processing of a pending application due to long processing times.
It is helpful to describe the criteria which USCIS (and our office, in [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/uscis-expedite-criteria-and-procedures/</link>
			</item>
	<item>
		<title>Startup Visa Act of 2010 Introduced</title>
		<description><![CDATA[Among our clients and readers, we  have many entrepreneurs and start-up companies which may be interested in a recent development in Congress.
Senators Kerry (D-MA) and Lugar (R-IN) have introduced a new bill in Congress seeking to drive job creation and increasing America&#8217;s global competitiveness by helping immigrant entrepreneurs secure visas to the United States.  The [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/startup-visa-act-of-2010-introduced/</link>
			</item>
	<item>
		<title>Report Highlights E-Verify Accuracy Problems</title>
		<description><![CDATA[USCIS released, on January 28, 2010, a recent report conducted by an outside research firm, Westat, on the accuracy of E-Verify with respect to identifying illegal workers, among other classes of workers run through the   E-Verify system.  The E-Verify evaluation is part of an ongoing effort to evaluate E-Verify&#8217;s accuracy.
The Report&#8217;s Findings
The report focused on [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/report-highlights-e-verify-accuracy-problems/</link>
			</item>
	<item>
		<title>USCIS Meeting on H-1B Employer-Employee Relationship Memo</title>
		<description><![CDATA[Earlier today USCIS held a collaboration session on &#8220;Determining Employer-Employee Relationships for Adjudication of H-1B Petitions.&#8220;  We had the opportunity to attend the session, to listen and to engage in a discussion regarding the January 8, 2010, USCIS Memorandum by Donald Neufeld on the Employer-Employee Relationship.
The Session Generated Great Interest
The session proved to be very [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/uscis-meeting-on-h-1b-employer-employee-relationship-memo/</link>
			</item>
	<item>
		<title>AAO Processing Times Report (February 1, 2010)</title>
		<description><![CDATA[Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.
About the AAO
The AAO is an appeals office which handles appeals of certain decisions made by [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/aao-processing-times-report-february-1-2010/</link>
			</item>
	<item>
		<title>DHS Reports on Employer Enforcement and Compliance</title>
		<description><![CDATA[The Department of Homeland Security (DHS), in a recent symposium, has provides some useful insight into its operations and policies.  We are happy to share some of DHS&#8217;s disclosures.
DHS Investigations on Employers to Continue and Increase
Janet Napolitano, the DHS Secretary, has indicated that employer investigations will continue and, possibly, intensify.  In 2009 there were $24 [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/dhs-reports-on-employer-enforcement-and-compliance/</link>
			</item>
	<item>
		<title>March 2010 Visa Bulletin – Slow Forward Movement</title>
		<description><![CDATA[The March 2010 Visa Bulletin was just released by the State Department.  The sixth visa bulletin for the fiscal year 2010 and the third for the calendar 2010 does not bring much movement.  There is some slow forward movement across most employment-based categories.   The most significant movement noted this month is in EB-3 ROW and [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/march-2010-visa-bulletin-%e2%80%93-slow-forward-movement/</link>
			</item>
	<item>
		<title>NVC Releases Immigrant Visa Queue Numbers</title>
		<description><![CDATA[The National Visa Center (NVC) has released numbers and statistics on the immigrant visa numbers pending at NVC.   The information is as of November 1, 2009.  It is important to note that these numbers reflect immigrant visas which have chosen &#8220;consular processing&#8221; and not adjustment of status (I-485) applications filed from within the U.S.  Also, [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/nvc-releases-immigrant-visa-queue-numbers/</link>
			</item>
	<item>
		<title>Prevailing Wage Request Delays Under iCert Form 9141 System</title>
		<description><![CDATA[Effective January 1, 2010, the Department of Labor (DOL) centralized all prevailing wage determinations needed in connection with certain programs &#8211; PERM, H-1B, H-2B and E-3.   All prevailing wage requests now must be submitted to DOL for processing and not to the state workforce agencies, as it was done before.
Because DOL was not ready to [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/prevailing-wage-request-delays-under-icert-form-9141-system/</link>
			</item>
	<item>
		<title>Alert on H-1B Admissions at the Newark, NJ Airport</title>
		<description><![CDATA[The American Immigration Lawyers&#8217; Association (AILA) has provided some guidance and information from Customs and Border Protection (CBP) at the Newark, New Jersey airport.
Background
Starting in December of 2009, our office has been receiving alerts from current and prospective clients about a number of incidents where holders of valid H-1B stamps were questioned and, in some [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/alert-on-h-1b-admissions-at-the-newark-nj-airport/</link>
			</item>
	<item>
		<title>USCIS to Accept H-1B Filings without Certified LCA or Late H-1B Filings</title>
		<description><![CDATA[We wrote in late October and early November of 2009 about the USCIS Ombudsman&#8217;s recommendation that USCIS (1) accept H-1B filings without a certified LCA but with a proof of filed and pending LCA and (2) to excuse late H-1B filings where the delay in filing was caused by pending LCA or employer&#8217;s Federal Employed [...]]]></description>
		<link>http://www.laborimmigration.com/2010/02/uscis-to-accept-h-1b-filings-without-certified-lca-or-late-h-1b-filings/</link>
			</item>
	<item>
		<title>AAO Processing Times Report (January 4, 2010)</title>
		<description><![CDATA[Our office handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.
About the AAO
The AAO is an appeals office which handles appeals of certain decisions made by [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/aao-processing-times-report-january-4-2010/</link>
			</item>
	<item>
		<title>AILA Seeks Rescission of the January 8, 2010 Neufeld Memorandum</title>
		<description><![CDATA[The Neufeld Memorandum of January 8, 2010, has generated a substantial amount of discussion with its newly-proposed standard for &#8220;employer-employee&#8221; relationship applied to third-party H-1B employee placements, which are very common for consulting companies.  Our office has handled many consultations and inquiries relating to the Neufeld Memorandum and what it means for the thousands of [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/aila-seeks-rescission-of-the-january-8-2010-neufeld-memorandum/</link>
			</item>
	<item>
		<title>USCIS Begins ESTA Enforcement</title>
		<description><![CDATA[About the Electronic System for Travel Authorization
ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the United States under the Visa Waiver Program (WVP). ESTA has been mandatory since Jan. 12, 2009 for all nationals of VWP countries [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/uscis-begins-esta-enforcement/</link>
			</item>
	<item>
		<title>H-1B Filing Fees &#8211; Who Can Pay What?</title>
		<description><![CDATA[Our office received many inquiries by both H-1B sponsor companies and employees about what kind of fee payment arrangement is permissible under the H-1B regulations.
Background of H-1B Filing Fees
There are several H-1B filing fees, which are applied differently depending on the employer (private employer v. university or non-profit research entity) and on the type of [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/h-1b-filing-fees-who-can-pay-what/</link>
			</item>
	<item>
		<title>USCIS Guidance on H-1B for Contractors and Third-party Worksites</title>
		<description><![CDATA[In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites.
Focus on Employer-Employee Relationship
The guidance is primarily concerned with the employer-employee relationship.  Pursuant to the H-1B regulations, an employer who [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/h1b-guidance-for-contractors/</link>
			</item>
	<item>
		<title>EB-5 Regional Centers</title>
		<description><![CDATA[About EB-5 and the Regional Center Program
In 1990, the U.S. Congress created the fifth employment-based preference category (EB-5) for qualified foreign entrepreneurs seeking to invest in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs. The basic amount required to invest is $1 million, although that amount [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/eb-5-regional-centers/</link>
			</item>
	<item>
		<title>EB-5 Updates and Statistics</title>
		<description><![CDATA[In a December 14, 2009, meeting, USCIS has provided some helpful information about the current state of the EB-5 program.
I-526 Premium Processing Possible Later in the Year

A review of the question of reinstating premium processing for I-526 petitions will be done during the second quarter of 2010.  USCIS will reinstate premium processing if it determines [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/eb-5-updates-and-statistics/</link>
			</item>
	<item>
		<title>Current PERM Processing Dates/Times (as of December 31, 2009)</title>
		<description><![CDATA[The Department of Labor (“DOL”) has provided an update on the current PERM processing dates as of December 31, 2009.  They are as follows:

Regular processing: March 2009.  DOL is processing PERM applications with priority dates in March of 2009.  This suggests that there is certain forward movement for regular PERM processing.  Accordingly, regular PERM processing [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/current-perm-processing-datestimes-as-of-december-31-2009/</link>
			</item>
	<item>
		<title>February 2010 Visa Bulletin – Slow Progress for Some, No Movement for India</title>
		<description><![CDATA[The February 2010 Visa Bulletin was just released by the State Department.  The fifth visa bulletin for the fiscal year 2010 and the second for the calendar 2010 does not bring much movement.  There is no movement for India across all employment-based categories.   For many other categories, the only forward movement is in the 1-2 [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/february-2010-visa-bulletin-%e2%80%93-slow-progress-for-some-no-movement-for-india/</link>
			</item>
	<item>
		<title>USCIS Website &#8211; Request for Comments and Feedback</title>
		<description><![CDATA[Almost four months after USCIS launched its redesigned website, the USCIS Ombudsman office is setting up a conference call to discuss the good, the bad and the ugly of USCIS&#8217; website, in general, and of the redesign, in particular.  Our office will sit on this conference call to share our thoughts and comments with the [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/uscis-website-request-for-comments-and-feedback/</link>
			</item>
	<item>
		<title>H-1B Quota Reached &#8211; Alternatives to H-1B Visa</title>
		<description><![CDATA[Now that the H-1B quota has been reached (as of December 21, 2009), we are receiving an increasing number of inquiries by both cap-subject employers and prospective employees about the alternatives for work authorization between now and October 1, 2010, when the new fiscal year&#8217;s H-1B quota would begin (as a reminder, April 1, 2010 [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/h-1b-quota-reached-alternatives-to-h-1b-visa/</link>
			</item>
	<item>
		<title>AAO Processing Times Report (December 2, 2009)</title>
		<description><![CDATA[Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.
About the AAO
The AAO is an appeals office which handles appeals of certain decisions made by [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/aao-processing-times-report-december-2-2009/</link>
			</item>
	<item>
		<title>Current PERM Processing Dates/Times (as of November 31, 2009)</title>
		<description><![CDATA[The Department of Labor (&#8220;DOL&#8221;) has provided an update on the current PERM processing dates as of November 31, 2009.  They are as follows:

Regular processing: February 2009.  DOL is processing PERM applications with priority dates in February 2009.  This suggests that there is certain forward movement for regular PERM processing.  Accordingly, regular PERM processing times [...]]]></description>
		<link>http://www.laborimmigration.com/2010/01/current-perm-processing-datestimes-november-31-2009/</link>
			</item>
	<item>
		<title>Happy Holidays</title>
		<description><![CDATA[
Thank you for your support throughout 2009.  We owe our success to you, our clients, readers and friends and we wish to express our gratitude and continued support.
We are looking forward to working with you during the new year and we wish you a prosperous, happy and joyous New Year 2010.

]]></description>
		<link>http://www.laborimmigration.com/2009/12/happy-holidays/</link>
			</item>
	<item>
		<title>Visa Refusals Under Section 221(g)</title>
		<description><![CDATA[Our office receives a fair number of Section 221(g) inquiries from visa applicants at a U.S. Consulate abroad.   This article aims to explain Section 221(g) and to provide some tips for dealing with a 221(g) visa refusal.
About Section 221(g)
Section 221(g) of the Immigration and Nationality Act (INA)  provides for temporary refusal of visa when an [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/visa-refusals-under-section-221g/</link>
			</item>
	<item>
		<title>Visa Bulletin Predictions</title>
		<description><![CDATA[In a November 2009 AILA meeting, Mr. Charlie Oppenheim, who is Chief of the Immigrant Visa Control and Reporting Division at the Department of State (or also known as the person who determines the visa bulletin dates), has indicated some ways in which the visa bulletin numbers will move over the next few months.
Mr. Oppenheim&#8217;s [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/visa-bulletin-predictions/</link>
			</item>
	<item>
		<title>Breaking News &#8211; FY2010 H-1B Cap Reached (December 22, 2009)</title>
		<description><![CDATA[A few minutes ago USCIS announced that as of December 21, 2009, it has received sufficient petitions to reach the statutory cap for FY2010.  USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption.
No New FY2010 Cap-Subject H-1B Filings Accepted
USCIS will reject all [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/breaking-news-fy2010-h-1b-cap-reached-december-22-2009/</link>
			</item>
	<item>
		<title>FY2010 H-1B Numbers Update &#8211; 800 H-1B Visas Left (December 17, 2009)</title>
		<description><![CDATA[USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of December 17, 2009, USCIS has received approximately 64,200 H-1B petitions counting toward the 65,000 cap.  The updated count means that as of December 17, 2009, there were 800 H-1B visas left under this year’s H-1B quota and USCIS will [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/fy2010-h-1b-numbers-update-800-h-1b-visas-left-december-17-2009/</link>
			</item>
	<item>
		<title>Form DS-160 Worldwide Deployment</title>
		<description><![CDATA[The Department of State has announced that it will deploy the DS-160 fully web-based nonimmigrant visa application form worldwide.  DS-160 has been used so far successfully in 24 consular posts and will be expanded to cover all consular posts by April 30, 2010.
About DS-160
The DS-160 application form combines all information previously collected on the DS-156, [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/form-ds-160-worldwide-deployment/</link>
			</item>
	<item>
		<title>January 2010 Visa Bulletin &#8211; Slow Forward Movement</title>
		<description><![CDATA[The January 2010 Visa Bulletin was just released by the State Department.  The fourth visa bulletin for the fiscal year 2010 and the first for the calendar 2010 does not bring much movement.  For many categories, the only forward movement is in the 1-2 months range.  Here is a summary of the January 2010 Visa [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/january-2010-visa-bulletin-slow-forward-movement/</link>
			</item>
	<item>
		<title>FY2010 H-1B Numbers Update &#8211; 2,500 H-1B Visas Left (December 10, 2009)</title>
		<description><![CDATA[&#160;
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of December 10, 2009, USCIS has received approximately 62,500 H-1B petitions counting toward the 65,000 cap (an increase of 1,000 in the past three days).   The updated count means that as of December 10, 2009, there were 2,500 H-1B visas [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/fy2010-h-1b-numbers-update-2500-h-1b-visas-left-december-10-2009/</link>
			</item>
	<item>
		<title>FY2010 H-1B Numbers Update &#8211; 3,500 H-1B Visas Left (December 8, 2009)</title>
		<description><![CDATA[USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of December 8, 2009, USCIS has received approximately 61,500 H-1B petitions counting toward the 65,000 cap (an increase of 3,000 in the past week).   The updated count means that as of December 8, 2009, there were 3,500 H-1B visas left [...]]]></description>
		<link>http://www.laborimmigration.com/2009/12/fy2010-h-1b-numbers-update-3500-h-1b-visas-left-december-8-2009/</link>
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