DOL Publishes PERM Round 12 FAQs
The Department has posted new Frequently Asked Questions (FAQs) addressing employer point of contact requirements. To view PERM Round 12 FAQs, please check attachment.
USCIS Implements H-1B and L-1 Fee Increase According to P.L. 111-230
Introduction
On August 13, 2010, President Obama signed Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. The following Questions and Answers provide public guidance concerning the additional fees.
Questions and Answers
Q1. What is Public Law 111-230?
A1. Signed by President Obama on August 13, 2010, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions.
Visa Bulletin for November 2010
Number 26
Volume IX
Washington, D.C.
A. STATUTORY NUMBERS
Agency
Green Card
My wife filed for Skilled Worker
Question details
My wife filed for Skilled worker (EB-3(A)(i)). Can I apply for NIV to visit her?
There is nothing in law that stops you from getting an NIV. But grant of visas like B-1/B-2 is completely discretionary.
EB-2 with ChE MS + 2 yrs exp
Question details
I graduated from a 4 yr US BSChE program and a 2yr MS ChE program and have been working on an H-1B for the same U.S. University as a Research Associate for 2 yrs.All my publications (2-3) are still pending and I am secondary on most of them.What requirements would the position I am promoted to need in order for me to qualify for the EB-2?
You qualify for EB-2, of course, whether or not a promotion is required is entirely up to your lawyer and the employer to determine. Any position that requires an MS OR BS = 5 years experience (progressively responsible) qualifies for EB-2 filing.
H1B renewal
Question details
I am a foreign dentist with US degree MHA, employed with a dental company as dental tech (DT) under H1B. In 5 months I was moved internally to a Clinical reserach coordinator position. However, my visa was still DT position even after 3 yrs but doing a totally different job. It is time to renew my H1B visa and again they have renewed H1b as DT since the company lawyer said it is risky to renew the H1B under another title as this may be subject to approval. Can this cause any problem for me? I want to apply for my greencard, but because of the title I am still under DT I fall under EB-3.
You have no choice. When the job changes substantially, you are REQUIRED by law to file an H-1 amendment. Any lawyer/employer who advises you differently is breaking the law.
Moving to USA on L-1
Question details
I am a British citizen with Canadian permenant residency. The US office of my company (I work out of the canadian office) wants me to move to the USA to work on a L1. My wife (canadian) and 2 children (canadian/british) would move with me.I am concerned about 2 things, the first being what happens if I leave the company or get laid off? It's a huge issue since we would have uprooted a good life in canada. Secondly I am not completely sure about the company. Its a new employer and they seem to be pressuring me to make the move. I am worried that they could simply lay me off whenever they want which would cause turmoil if we had to move back and start again.
I am not sure it is worth the risk, either. You have no right to continue to live in USA if the company fails or lays you off. You can negotiate a large severance package, but that is all the protection you can get.
USCIS Issues Notice To TPS Re-registrants From El Salvador, Honduras And Nicaragua
If you are from El Salvador, Honduras or Nicaragua and have successfully re-registered for TPS, you should be aware that new Employment Authorization Documents (EADs) may not be issued until early November 2010.
While awaiting your new EAD, you may provide your existing EAD as proof of employment authorization. You may also provide your employer with a copy of your country’s most recent Federal Register notice announcing the TPS 18-month extension and the 6-month auto-extension of EADs.
K-3 Visa
Question details
I am married to a U.S. born citizen we just got married, is there a problem if I apply for the visa right after marriage? Do I have to leave the U.S? How long will it take to receive the visa?
I see no reason to wait. Bear in mind, if consulate receives your I-130 approval, they will not issue a K-3. They will ask you to wait for your green card.