Several HLG attorneys are in San Francisco attending the AILA Annual Conference. HLG partner, Phil Eichorn and Sr. attorney, Lisa Galvan will be speakers at this event.
The American Immigration Lawyers Association (AILA) will be holding its annual legal conference in New Orleans this week and 9 attorneys from HLG will be attending. HLG attorneys, Cadence Moore, Lisa Galvan and Dwight Myfelt will be speakers. We will be providing client specific updates after the event.
HLG partner, Mike Hammond will be a panelist on a webinar being presented by the American Immigration Lawyers Association (AILA) entitled “Essential Compliance Issues for Employers-H-1B and the LCA” on Oct 28th.
Last week five attorneys from HLG attended the American Immigration Lawyers Association annual conference in San Francisco. Over 4,000 immigration attorneys gathered over a period of 4 days to attend educational sessions. We are providing below key points that may be of interest to our business clients.
- Problems with the new electronic I-94 card system are prevalent. CBP made the helpful suggestion to try at a later time with different search matrixes to see if the information can be found.
- The Department of Labor is denying cases in the IT field where the requirements are set out as a bachelor’s degree and two to five years of experience. The DOL is stating that these requirements are too broad to appropriately define the position.
- There are an increasing number of RFE’s being issued in the I-140 context that question the validity of experience letters.
- In the PERM context as it relates to both prevailing wages and the proper recruitment forum, companies that employ roving employees who remain at job sites for long periods of time should assess whether they should stop filing with both travel and re-location requirements. Companies must carefully assess and distinguish between travel and re-location. The increased cost of advertisement may be off-set by a reduction in the Level assigned for the prevailing wage.
- The DOL recently began denying PERM cases in the IT field where the educational requirements are broadly listed as computer science, business, or engineering. DOL HQ indicated that they were not aware of this practice and would look into it as they did not agree with it.
- L-1 cases for IT cos. are experiencing an approval rate of less than 1 out of 3. The Service Centers are rejecting the notion that proprietary knowledge is sufficient and are instead focusing on whether an employee has over 5 years of experience, is paid a high salary, and has an advanced knowledge of technical skills. Particularly the CSC has assumed the role of trying to curb the practice of outsourcing development projects to India by preventing employees from completing the implementation, customization, maintenance, and/or training phases of those projects by denying L-1b petitions and/or extension.
- Where a company is merging with or acquiring another company, an increasing number of the new companies are receiving NOID’s when a site visit occurs. The USCIS is taking the stance that an amended petition should be filed in all H-1b successor-in-interest cases
- USCIS once again promised new L-1 guidance very soon. I believe this is the 4th straight year for this promise.
- The Senate passed its CIR Bill S.744 while the conference was underway so the mood was particularly upbeat however, the conventional wisdom remains that prospects for a bill passing the House are not good. However, it is believed that some of the employment revisions imposed by the Senate would be more favorable in either a House or compromised version.
The American Immigration Lawyers Association (AILA) today released an outline of the Senate CIR proposal. The actual text of the bill has not yet been released but, is expected to be released this week. The outline shows significant changes to the employment based permanent residency system including measures that will help to reduce retrogression. The proposal also includes significant restrictions on employers deemed to be dependent upon H-1b workers and also added a labor market test to all H-1b filings. After the text of the bill is released, we will provide a summary.
The American Immigration Lawyers Association (AILA) issued a press release applauding the recently introduced Senate immigration bill.
If you are concerned about the brain drain occuring in the U.S. as a result of our immigration policy (or lack thereof), the Council on Foreign Relations ran an interesting blog piece earlier this month. Check it out and then take some action to communicate to Washington DC regarding your concerns. The American Immigration Lawyers Association (AILA) has a great resource for communicating to Congress.
Several HLG attorneys and senior paralegals will be attending AILA’s Annual Immigration conference held this week in Nashville, Tenn. We will be providing a full summary to our clients next week.
The American Immigration Lawyers Association (AILA) predicts the H-1b cap to be reached early next week based upon their tracking of burn rates and the historical trend of an increase in the rate of filings as the cap is close to being met. We will keep you updated as the USCIS provides information.
It has been reported by the American Immigration Lawyers Association (AILA) that the Office of Management and Budget (OMB) has cleared for publication an interim regulation titled “Petitions Filed on Behalf of H-1B Temporary Workers Subject to the Annual Numerical Limitation.” It is believed that this rule addresses the filing of duplicate petitions in the upcoming H-1B “lottery.” Given that April 1 is only a few days away, it is anticipated that the regulation will be cleared by the USCIS quickly and be published in the Federal Register, whereupon, it will become effective. We will keep you updated as developments occur.