US Citizenship and Immigration Services continues to accept H-1B petitions that are subject to the 2010 Fiscal Year numerical cap. This includes both standard H-1B Petitions (capped at 65,000) and H-1B Petitions under the 20,000 U.S. master’s degree or higher educational exemption cap.  As of 18 May, USCIS estimated that it had received 45,500 standard H-1B Petitions and 20,000 educational exemption cap Petitions.

For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com

US Customs and Border Protection has issued a reminder to United States and Canadian citizens that, as part of the Western Hemisphere Travel Initiative, new document requirements come into effect on 01 June 2009 for entry into the United States at land or sea ports.  Travelers must present one of the following eligible documents:

-       U.S. or Canadian passports;

-       Trusted Traveler Card (NEXUS, SENTRI, or FAST/EXPRES);

-       U.S. Passport Card;

-       State or province-issued Enhanced Driver’s Licenses (when and where available). 

The Department of State has issued a Consular Wire regarding student and exchange visitor visa adjudication, which states in relevant part: 

-       a lesser known college, English language program, or a community college is not, in itself, a reason for refusing a student visa application

-       J-1 and J-2 travelers are required to have adequate medical insurance in order to participate in an exchange program

-       F and M students are not required by the DOS to have medical insurance, but this is required my many universities and colleges

-       Summer Work Travel (SWT) programs may only occur during the student’s summer holiday and may not exceed four (4) months

-       SWT applicants are not required to have a job placement at the time of their interview; however, this may raise an issue as to how the applicant will support him or herself in the US

-       The Summer Au Pair Placement program will be discontinued after the 2009 placement period

-       The Pilot Program for Exchange Visitor teachers has been extended for two (2) years

The Board of Alien Labor Certification Appeals (BALCA) has uphel the denial of the PERM application in Matter of King's Garden 1 Chinese Restaurant Inc., finding that the print out from the FLC Wage Data Center Online Wage Library was insufficient to replace the Prevailing Wage Determination from the State Workforce Agency.

For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com

The Department of State has released the June 2009 visa bulletin summarizing the availability of immigrant numbers during June 2009. Visas remain unavailable in the EB-3 Category for all countries of chargeability.

For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com

The Board of Immigration Appeals has held in Matter of Andres GUZMAN-GOMEZ, that a foreign national cannot demonstrate derivative citizenship under INA § 320(a) through a nonadoptive stepparent.  The Court summarized legal findings are as follows:

(1) The terms “child” and “parent” defined at section 101(c) of the Immigration and Nationality Act, 8 U.S.C. § 1101(c) (2006), do not encompass stepchildren and stepparents.

(2) A person born outside the United States cannot derive United States citizenship under section 320(a) of the Act, 8 U.S.C. § 1431(a) (2006), by virtue of his or her relationship to a nonadoptive stepparent.

For more information, please contact Ortega-Medina &  Associates.  http://www.Ortega-Medina.com

The Department of Homeland Security, the Department of Justice, and the Department of State have published their Semi-Annual Regulatory Agenda.  The Agenda shows that, in regards to visa and immigration related regulations, a proposed rule regarding the adjustment of immigration and naturalization application and petition fees is schedule to be published in the Federal Register in October 2009.  Additionally, a rule regarding EB immigrants that would eliminate the substitution of alien beneficiaries on labor certifications and require employers to file approved labor certifications within 45-days has been withdrawn.

For more information, please contact Ortega-Medina & Associates.  http://www.Ortega-Medina.com