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Newsletter - October 2009
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| RFE Trends |
| On a mission
to eradicate fraud, USCIS is increasingly responding to
petitions, including H-1Bs, L-1s, I-140, I-485 and others,
with burdensome Requests for Evidence (RFE). Further exacerbating
this problem is the fact that it has become the norm for
USCIS to allow only 30 days for a response. Below is a
brief discussion on the requests typical for the most
common type of cases... (more)
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NEXT QUARTER TOPICS
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Spotlight on ILG's LCA and I-9 Related Services |
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Latest on Comprehensive Immigration Reform |
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Labor Certification: Supervised Recruitment |
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Visa Processing Re-entry Issues
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Individuals who plan to apply for nonimmigrant visas at
US consulates or Embassies overseas should be aware of
the potential delays caused by visa appointment scheduling,
visa processing time and administrative background checks.
Thus, it is important to thoroughly review all information
on the specific Embassy's consular section website
for local procedures and instructions.
(more)
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Visa Bulletin Cut off Dates
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 The
State Department recently released the long-awaited October
2009 Visa Bulletin, representing the priority dates for
the new fiscal year 2010. From the month before, the October
Visa Bulletin shows forward movement in China's EB-2 category
of two months (March 22, 2005) compared with India's EB-2
progression of only 2 weeks (January 22, 2005). Most interesting
to note is that EB-3 priority dates are now from 2001
and 2002, having actually gone backwards from the priority
dates posted in April 2009, the last month before they
became unavailable. In April, China EB-3 reflected February
22, 2002 and India was at April 15, 2001. (more)
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Onsite Visits and Audits
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USCIS Site Inspections to H-1B and L1 Employers
USCIS, utilizing the $500 "fraud fee" it has
been collecting for each initial H-1B and L-1 petition,
has engaged outside contractors to conduct thousands of
site visits to H-1B and L-1 petitioners. Such site visits
occur after approval of the petition and they are normally
conducted without advance notice, although some investigators
will call first to ensure s/he would not have any issues
getting on the premises.
The investigators will look to verify two things: (1)
that the company is a real operating business entity,
and (2) that the person being sponsored is a "legitimate"
employee doing the work that was indicated in the H-1B
petition...
(more)
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