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BREAKING NEWS

4-3-06

USCIS to accept H-1B Filings for Fiscal 2007 effective today Monday, 4/3/06: On April 3, 2006, the first business day following April 1, 2006, the USCIS (U.S. Citizenship and Immigration Services) will start accepting the filings of new H-1B petitions for approval effective 10/1/06 for the Fiscal Year (FY) 2007. This will include standard H-1B cases for which the numerical limitation is 65,000 H-1B visas, as well as cases coming within the pool of 20,000 H-1B visas (which are set aside out of the 65,000 total) available numbers for foreign nationals holding advanced degrees (Masters and/or Ph.D.s) from U.S. universities. These H-1B petitions are being accepted by the USCIS 6 months before the start date in Fiscal 2007, which begins on October 1, 2006, the actual effective date the prospective employee can actually begin work.

Congress has set the standard annual cap on H-1B visas for highly skilled foreign professionals at 65,000. In recent years, overall H-1B numbers have been reduced by the U.S.-Chile and U.S.-Singapore Free Trade Agreements (FTAs), which set aside 6800 H-1B numbers for H-1B1 professionals from those two countries each fiscal year. In practical terms, therefore, just 58,200 H-1B numbers have been available annually in the standard H-1B pool. The unused Chile-Singapore numbers may be carried over for general usage from one fiscal year to the next, however, the allocation of these unused numbers from Chile and Singapore has varied somewhat from year to year, though USCIS recently indicated that it will factor the anticipated unused FY 2006 count into the overall FY 2007 allocation, which means that in Fiscal 2007, the USCIS should allow for a standard cap limit closer to 65,000 than 58,200.

H-1B petitions that are exempt from the cap: Not all H-1Bs are counted against the 65,000 numerical limit. USCIS counts against the cap only those petitions regarded as "new" employment, and certain classes of cases are specifically exempted from the cap. New employment generally refers to H-1B petitions that are filed for foreign nationals who are not currently in the United States in H-1B status. Hence exempted H-1B cases include: (1) H-1B extensions, whether for an existing or new employer (i.e., in cases of sequential employment); (2) amended H-1B petitions; (3) H-1B petitions filed in concurrent employment arrangements; (4) H-1B petitions for new employment at an exempt organization, such as an institution of higher education or a related or affiliated nonprofit entity, nonprofit research organization, or governmental research organization; (5) H-1B petitions for individuals who have already been counted against the cap during the previous six years, unless the beneficiary is eligible for a full six years of authorized admission at the time the petition is filed; and (6) H-1B petitions for certain J-1 nonimmigrants who are changing status to H-1B classification and who obtained waivers through the Conrad Program.

Bills pending in Senate to lift H-1B cap to 115,000, including the STEM exemptions (those with MS or Ph.D. Degrees in Science, Technology, Engineering and Mathematics would be exempt from the H-1B cap): Efforts to lift the H-1B cap are being considered in the Congress. Two bills are pending in the Senate that would provide H-1B relief. Both the bill recently cleared by the Senate Judiciary Committee (spearheaded by Senator Arlen Specter) and a bill currently on the Senate floor being championed by Senate Majority Leader Bill Frist would exempt individuals with advanced degrees in science, technology, engineering and math (referred to as "STEM" fields) from the H-1B cap. Both bills would also lift the overall H-1B cap to 115,000 and allow for adjustments to the cap in future years based on usage. Debate on the Frist bill began in the week of 3/27/06 and the Specter bill has been offered as an amendment in the form of a substitute bill. We will keep you posted of significant developments on these two important bills.

USCIS issues instructions and guidance on the filing of H1B petitions effective April 1, 2006: See . USCIS has advised AILA that the Service Centers are closed on weekends, including this weekend, and thus do not fee in filings over the weekend.

CRS Report on H-1B visas, issued on 3/20/06: Congressional Research Service Report on H-1B legislative history and current trends. See this CRS report, available in the public domain section of the AILA website, at:

Should Congress Raise the H-1B Cap? Testimonies on whether Congress should raise the H-1B cap, before the Immigration, Border Security, and Claims Subcommittee of the House Judiciary Committee on 3/30/06. The Immigration, Border Security, and Claims Subcommittee of the House Judiciary Committee held a hearing entitled “Should Congress Raise the H-1B Cap?” on 3/30/06. Included here is testimony from John M. Miano, Stuart Anderson, David Huber, and Dr. Delbert Baker. See this large document, available in the public domain section of the AILA website, at:

AILA Comments on Proposed DOL Labor Certification Regulation: Cite as "AILA InfoNet Doc. No. 06033162 (posted Mar. 31, 2006)": AILA's comment on the DOL's proposed regulation that would eliminate substitutions in labor certifications, truncate the validity period of a certification, ban payment of attorney's fees and other costs by the beneficiary, and impose new sanctions. The comment team was chaired by Naomi Schorr, with Ron Wada as vice-chair.

Read the AILA comment, available in the public domain section of the AILA website, at: .

This AILA comment is also posted on this website at:

Read the entire Substitution Elimination proposed rule posted on this website at:

USDOL’s PERM FAQ # 8: DOL Announces PERM FAQ Set 8, which discusses the procedure for requesting a duplicate labor certificate, Forms ETA-750 and ETA-9089. See:

USCIS issues guidance on the Bi-Specialization program effective April 1, 2006: USCIS announces a new filing system for I-129 and I-140 Petitions, effective 4/1/06. In response to the AILA USCIS Liaison Committee's inquiry about reports of members receiving notices notices indicating that I-140 and related I-485 cases are being transferred from CSC to TSC, USCIS HQ indicated that approximately 15,000 such cases are in the process of being transferred. This was in preparation for the agency's "bi-specialization" program, whereby Service Centers will specialize in particular types of filings. For example, two service centers will handle all I-140 and related I-485 cases, and the other two will handle all I-129s. USCIS has issued an announcement detailing the bi-specialization program. See USCIS press release at:

Questions and Answers Regarding Bi-Specialization: Cite: "AILA InfoNet Doc. No. 06033163 (posted Mar. 31, 2006)"

Q: What is bi-specialization?

A: Bi-specialization is the U.S. Citizenship and Immigration Services' new filing and adjudication procedure for I-129 and I-140 employer-sponsored petitions. Specifically, all I-129 petitions and related applications are to be filed at the Vermont Service Center (VSC). All I-140 petitions and concurrently filed adjustment of status applications are to be filed with the Nebraska Service Center (NSC).

Q: What will the California Service Center (CSC) and the Texas Service Center (TSC) adjudicate?

A: The VSC and CSC will adjudicate I-129 petitions and related applications while the NSC and TSC will adjudicate I-140 and corresponding adjustment of status applications, including I-765 and I-131 applications.

Q: When does bi-specialization go into effect?

A: April 1, 2006.

Q: What type of petitions does it affect?

A: All I-129 and I-140 petitions (including dependent filings, see below) filed after April 1, 2006 will be affected.

Q: Where should initial petitions be sent?

A: All I-129 petitions should be mailed to the VSC. The VSC will then transfer some of the applications to the CSC. All I-140 petitions should be mailed to the NSC which will split these cases with the TSC.

Q: Where should I file TN extensions or change of status requests?

A: All I-129 petitions, regardless of the classification being requested, should be filed with the VSC.

Q: Where should I file E-1/E-2 extensions or change of status requests?

A: All I-129 petitions, regardless of the classification being requested, should be filed with the VSC. The CSC will adjudicate all E-1/E-2 petitions.

Q: Will all premium processing cases be adjudicated by the VSC?

A: No. Some premium processing cases will be overnighted to the CSC for adjudication. USCIS maintains that the 15 day premium processing timeframe will not be adversely affected by bi-specialization.

Q: Where do I file an I-907 for an already pending I-129 petition?

A: To request premium processing service for an I-129 that is already pending, file the I-907 with the adjudicating Service Center and include a copy of the filing receipt.

Q: How will I know which Service Center is adjudicating my case?

A: The Center that generates the receipt notice will be the Center that actually adjudicates the case.

Q: What date will determine the receipt date: the date the petition arrived at VSC or NSC or the date the application is received by the adjudicating Service Center?

A: Upon receipt of any petition, VSC and NSC will open and date stamp the filing to protect the filing date and/or establish the priority date. The date stamp will mark the filing date for the Center that issues the receipt notice and adjudicates the petition.

Q: Where should I file I-539 petitions for dependent family members?

A: If the I-539 is filed concurrently with the I-129, the entire I-129/I-539 package should be filed with the VSC. If the dependents are filing separately from the principal and the principal's I-129 is still pending, the I-539 package should be filed with the Service Center where the principal's I-129 is pending, either the VSC or the CSC. Include a copy of the receipt notice for the principal's pending I-129. If the principal's I-129 has already been approved, the I-539 should be filed with the VSC. Include a copy of the principal's approval notice and evidence of his/her current, unexpired status.

Q: What about all other I-539 applications?

A: The filing instructions for principals and dependents in all other nonimmigrant categories will not change. Until further notice, these applications should be filed according to the instructions on the Form I-539.

Q: Where should I send I-485 applications, advance parole renewals, or employment authorization renewals for cases filed prior to April 1, 2006?

A: The Center that generated the receipt notice for the I-140 will retain jurisdiction over the case and will be the Center that actually adjudicates the I-485 and all subsequent applications (such as advance parole and employment authorization renewals).

Q: Where should I file an I-765?

A: If the I-765 is filed concurrently with an I-140/I-485, file the entire package with the NSC. If the I-140 is pending or has already been approved, file the I-485/I-765 package with the Service Center that approved or is currently responsible for adjudicating the I-140 petition. For I-765 petitions not filed concurrently with form I-485, mail the I-765 to the Service Center where the I-485 was filed and is pending.

Q: Where should I file an I-131?

A: If the I-131 is filed concurrently with an I-140/I-485, file the entire package with the NSC. If the I-140 is pending or has already been approved, file the I-485/I-131 package with the Service Center that approved or is currently responsible for adjudicating the I-140 petition. For I-131 petitions not filed concurrently with form I-485, mail the I-131 to the Service Center where the I-485 was filed and is pending.

Q: Will other forms eventually be included in bi-specialization?

A: Yes. USCIS plans to completely transition to bi-specialized adjudication of all forms by January 2007.

Q: What will happen to sole jurisdiction?

A: Bi-specialization overrides sole jurisdiction. Companies that previously filed with one Service Center must now file all applications in accordance with the bi-specialization procedures.

Summary:

• Service Centers where H1 and I-140 petitions must be filed:

o I-129 Petitions and Related I-539 Applications: Vermont Service Center (VSC)

o I-140/EB-485/Ancillary Applications: Nebraska Service Center (NSC)

• Service Centers where the H1 and I-140 petitions will be adjudicated after filing:

o I-129 Petitions and Related I-539 Applications: Vermont Service Center (VSC) and California Service Center (CSC)

o I-140/EB-485/Ancillary Applications: Nebraska Service Center (NSC) and Texas Service Center (TSC)

White House Fact Sheet on Comprehensive Immigration Reform, 3/27/06: White House fact sheet outlines the President's goals for a comprehensive immigration reform package.

See:

PERM and RIR Approvals – Latest update: This law office has received 16 PERM (ETA 9089) approvals from Chicago and Atlanta National Processing Centers of the USDOL (12 from Chicago, 4 from Atlanta) and 1 RIR approval from the Dallas Backlog Reduction Center of the USDOL in the past 11-day period from 3-21-06 to 3-31-06. The PDF file with the scans of these Alien Labor Certification approvals is viewable by clicking at: and

These 16 PERM and 1 RIR approvals for the period 3-21-06 to 3-31-06 have come for the following positions in approximately the following time frame:

(Note: If a case has taken longer than 100 days to process, we are indicting in parenthesis next to the Processing Center, whether the case underwent an “Audit” or “No Audit”, for accuracy in reporting and understanding.)

Position EB2/EB3 Date Filed Date Certified Approval Time USDOL Center

PERM

Business Analyst EB2 03/14/2006 03/23/2006 9 days Chicago

Aerospace Engineer EB2 01/19/2006 03/21/2006 60 days Chicago

Software Engineer EB2 02/07/2006 03/20/2006 40 days Chicago

Software Engineer EB2 10/25/2005 03/17/2006 140 days Chicago (No Audit)

Mechanical Engineer EB2 01/31/2006 03/17/2006 45 days Chicago

Software Engineer EB2 02/01/2006 03/15/2006 42 days Atlanta

Chiropractic Physician EB2 11/22/2005 03/14/2006 110 days Chicago (No Audit)

Traffic Engineer EB2 11/11/2005 03/14/2006 121 days Chicago (No Audit)

Software Engineer EB2 02/06/2006 03/14/2006 36 days Chicago

Software Engineer EB2 01/19/2006 03/14/2006 54 days Atlanta

Financial Analyst EB2 01/31/2006 03/10/2006 38 days Chicago

Software Engineer EB2 01/26/2006 03/10/2006 43 days Chicago

Mechanical Engineer EB2 01/27/2006 03/10/2006 42 days Chicago

Software Engineer EB2 03/02/2006 03/10/2006 8 days Atlanta

RF Engineer EB2 03/02/2006 03/08/2006 6 days Atlanta

Mechanical Engineer EB2 01/21/2006 03/01/2006 38 days Chicago

RIR

Programmer Analyst EB3 04/07/2004 03/14/2006 24 months Dallas

AAO – Administrative Appeals Office – Appeals Processing Time Update 03/27/2006

| Form |Case Type |Processing Times |

| I-140 (EB-1A) |Extraordinary Workers |6 Months |

|I-140 (EB-1B) |Outstanding Researchers |Current |

|I-140 (EB-1C) |Multi-National Exec/Mgr |Current |

| I-140 (EB-2) |NIW- National Interest Waivers |Current |

| I-140 (EB-3 & EW) |Skilled/Unskilled Workers |15 Months |

| I-129 (H-1B) |Professional Workers |13 Months |

| I-129 (L) |Intra-company Transfers |15 Months |

| I-129 (O) |Extraordinary Workers |Current |

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