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Newsletter - July 2009
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ALTERNATIVES TO PERM
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Whether your company recently reduced its workforce or the general job market is simply not strong enough to support an application for
Labor Certification (PERM), there are other employment-based permanent residency option that do not require proving there is a shortage
of qualified and willing US workers.
Additionally, these categories often lead to permanent residency in much less time, and should be considered even if Labor Certification
is a viable option.
(more)
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NEXT QUARTER TOPICS
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RETROGRESSION OF VISA BULLETIN CUT-OFF DATES AND ITS EFFECTS |
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INCREASE IN FRES AND DENIALS |
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VISA PROCESSING & RE-ENTRY PROBLEMS |
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UPDATE ON FY 2010 H1-B COUNT
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Reflective of the recessionary business environment, the annual H-1B limit of 65,000 new H-1Bs has yet to be reached.
(more)
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NEW I-9 REQUIREMENT
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Previously, "credible evidence" of the filing of an H-1B transfer petition by the new employer was deemed sufficient, as the law
permits the H-1B beneficiary to begin working for the new employer upon the filing of the new petition. Therefore, employers
frequently started employing H-1B transfer employees soon after they file the H1B transfer petition.
Although the law has not changed, USCIS recently revised Form I-9 and issued a new employer handbook, which became effective in April.
The new handbook imposes a new requirement for H-1B employers by requiring the employer to wait until the USCIS I-797 receipt notice
is received.
(more)
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Government Enforcement Actions
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H-1B employers, particularly IT consulting companies, are experiencing extreme difficulties in obtaining H-1B approvals for their
prospective employees. Their plight seems to exacerbate as the U.S. Citizenship and Immigration Services ("USCIS") and the
Department of Labor ("DOL") have increasingly flexed their investigation and enforcement muscles to scrutinize and assess whether
companies filing H-1B petitions are violating the Labor Condition Application (LCA) requirements.
(more)
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