I encourage you to sign a petition urging the Obama Administration to reinstate reissuance of nonimmigrant visas within the USA, a practice that was discontinued in 2004. If the petition receives 100,000 on-line signatures by February 23, the Administration has promised to review it, send it to the appropriate policy experts in the administration, and issue an official response.
According to DOL updates as of 01/03/2013, they are working on PERM application filed in the following months:
Analyst Reviews : October 10, 2012
[Federal Register Volume 78, Number 16 (Thursday, January 24, 2013)]
[Notices]
[Pages 5182-5183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01422]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
Office of the Secretary
Annual Update of the HHS Poverty Guidelines
USCIS recently published revised Forms I-90, Application to Replace Permanent Resident Card, and I-601, Application for Waiver of Grounds of Inadmissibility.
All Employment-Based I-485 Inventory pending at the Service Centers and Field Offices as of 01/3/ 2013
U.S. embassies and consulates are sometimes forced to limit or, at times, suspend visa services because of natural disasters, civil unrest, war, and/or security concerns, among other reasons. The list below notes the U.S. embassies and consulates that currently provide limited visa services, locations where visa services are suspended, and countries that do not have U.S. embassies or consulates.
The list below does not include the following:
IMMIGRATION INNOVATION (I2) ACT OF 2013
ORRIN HATCH (R-UTAH), AMY KLOBUCHAR (D-MINN.), MARCO RUBIO (R-FLA.), CHRIS COONS (D-DEL.)
Employment-Based Nonimmigrant H-1B Visas
1. Increase H-1B cap from 65,000 to 115,000
2. Establish a market-based H-1B escalator, so that the cap can adjust – up or down – to the demands of the economy (includes a 300,000 ceiling on the ability of the escalator to move)
We filed an ETA 9089 Labor Certification and included a requirement of a Master’s degree. The job required no employment experience, but did require hands-on work in a university research laboratory with particular equipment. DOL denied the application, stating that training and experience requirements were in place that exceeded the employer’s true minimum requirements. We responded with an MTR/Appeal asserting that this was not an appropriate ground for denial and that no formal training was required or available in these technologies.
We filed an I-140 application in which the beneficiary was no longer working for the employer and was living outside the U.S. We included fairly standard supporting documents. To show the employer’s ability to pay the offered wage, we submitted federal tax returns and a W-2 from the preceding year. To show the beneficiary’s qualifications, we submitted a copy of his degree and affidavits from previous supervisors and co-workers with supporting documents.
We filed an H-1 application for a Bonsai Nursery/Facility Manager. USCIS issued a Request for Evidence (RFE) challenging whether or not a specific Bachelor’s level education is required for this position. We filed a detailed response, with voluminous evidence the specialized nature of the job. We urged USCIS to consider the merits of the job description and what it would take to perform the job. We argued job titles alone are not dispositive of the nature of a job.
USCIS approved the application.
Over the past three years, this Administration has undertaken an unprecedented effort to transform the immigration enforcement system into one that focuses on public safety, border security and the integrity of the immigration system.
We won a case for National Interest Waiver a Microbiologist holding a Ph.D., 12 publications and over ten years research experience. We were able to provide evidence of a strong national interest through numerous letters of recommendation from leading scientists. This applicant had an international reputation in his field.
We won a case for Alien of Extraordinary Ability a Mathematician holding a Doctorate of Mathematical Science, numerous “invited” publications and presentations as well as several prestigious international awards. We were able to provide evidence of extraordinary ability through letters of recommendation from leading mathematicians around the world. This applicant had strong support from the U.S. government and industry.
We won a case for Alien of Extraordinary Ability in environmental sciences with 9 publications, numerous “invited” committee memberships, a judge of the work of many other leading scientists and considered one of the leading experts in his field. We were able to provide evidence to show that his work was innovative and pioneering.
We won a case for Outstanding Researcher a Cellular and Molecular Biologist with 8 prestigious awards, professional society memberships and multiple letters of recommendation from leading scientists. We were able to provide evidence to show extensive contributions to the field of cancer research.
We won a case for Outstanding Researcher a Physicist with 11 years research experience. He had 17 publications, a Ph.D. in solar cell research and numerous letters of recommendation from leading scientists around the world. His skills were noted by experts as being scarce in the field .
We won a case for Outstanding Researcher for applicant with 12 years of field experience as well as multiple years teaching. We were able to provide 14 letters of recommendation. The applicant had 14 publications in prestigious international journals. Experts in the field described candidate as “one of the few to reach the very top of the field.”
This applicant was a data recovery specialist under contract with the U.S. government providing critical skills to a high-level project. It was noted by referees that his knowledge and background were rare and greatly needed in the interest of our national defense. We provided documentation of his academic achievements as well as additional specialized training.