On August 13, 2010, President Obama signed into law Public Law 111-230. The new law contains provisions that require petitioners to pay an additional $2,000 for certain H-1B petitions and an additional $2,250 for certain L-1 petitions. To begin public outreach on this legislation, USCIS held a teleconference on August 19, 2010 to share how USCIS will implement it.
We had a Labor certification case filed for an IT professional. The requirements were Bachelor's degree and 5 years of experience. We filed I-140 under EB-2 category. After approximately 8 months, USCIS sent us an RFE saying Bachelor's plus five years would not qualify under EB2 unless the experience required is progressive in nature. We knew that USCIS was wrong under the circumstances of the case, but an argument with the government was unnecessary because the EB-3 priority dates were then current.
Office of the Spokesman Washington, DC
Question Taken at the September 7, 2010 Daily Press Briefing
September 8, 2010
Here is a question from one of our corporate clients:
Let's say hypothetically an employer hires someone for 20 hours a week for clerical office work who is in the U.S. on a student visa.
USCIS' Fraud Detection and National Security (FDNS) office has recently explained the three types of site visits that are currently being conducted:
1. Risk Assessment Program fraud study (RANDOM VISITS). This is a joint study by USCIS and ICE applicable to both family-based and employment-based cases. Cases are chosen for randomly for review and site visits usually after a case is approved. The purpose of this study is to build a profile of the types of cases where fraud is most prevalent.
Here is a series of questions that should be relevant for many people: