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Update: H-2B Rule Still Delayed; Contact Congress

By Austin Immigration Lawyer | Published: November 21, 2011

Last week, Congress postponed until January 1, 2012 the new Dept. of Labor rule that will alter the wages of H-2B workers. We discussed this ruling previously, and prior to this postponement the rule was supposed to go into effect on November 30 of this year.

While we thank those in Congress working to help protect the H-2B program and seasonal businesses, the wage rule and the proposed rule that will radically alter the entire program (which we still anticipate to be finalized in December) must be blocked in their entirety.

Please continue to contact your members of Congress and urge them to block both H-2B Rules. If you have any questions about this issue, please contact our firm.

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ADVOCACY ACTION ALERT: Call for EB-5 Support Letters

By Austin Immigration Lawyer | Published: November 18, 2011

With legislation introduced in both chambers of Congress to make the EB-5 Regional Center Program a permanent tool of 21st century economic policy (H.R. 2972 & S. 642) and 2011 winding down, we are entering a critical stage of the legislative process.

In the past couple of years, the economic impact generated by this Program has become truly national in scope. Join us in telling that story to our legislators, so we can secure passage of the aforementioned legislation and get about the business of creating U.S. jobs.

CLICK HERE TO DOWNLOAD A LETTER TEMPLATE TO USE.

We need support letters from a wide array of Program stakeholders/beneficiaries, including (but not limited to):

EB-5 Regional Centers;
Local government officials and/or organizations;
Local chambers of commerce/economic development agencies;
Local businesses;
State government officials and/or organizations;
State chambers of commerce/economic development agencies;
Members of Congress; and
Local unions who represent workers hired through the Program.

Azarmehr & Associates, PC urges our clients, and those with an interest in this issue to send a digital copy of your support letter to reception@mpalaw.net and info@iiusa.org. We are creating a digital archive of the letters, organized by state, for easy access by legislators and their staff.

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URGENT: H-1B Cap Count Close to Full

By Austin Immigration Lawyer | Published: November 18, 2011

H-1B Employers:

Please remember that the H-1B cap for this year is very close to being reached.

It is very likely that the cap will be reached in the next 2 weeks. As of November 14, 2011, approximately 56,300 H-1B cap-subject petitions were receipted by the USCIS towards the cap of 65,000.

For more information, please visit the USICS website.

Contact our firm if you have a question regarding a current case or if you need to file an H-1B.

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Employer obligations when H-1B employment ends

By Austin Immigration Lawyer | Published: November 15, 2011

An H-1B worker’s status in the US is contingent upon their continued employment. If an H-1B employee resigns from their position or is terminated, they are out of status for immigration purposes as of their last date of employment. When an employer files an H-1B petition with the U.S. Citizenship & Immigration Services, the employer takes on a number of obligations pursuant to the LCA and immigration and Department of Labor regulations. If an H-1B employee stops working prior to the expiration of their authorized stay in H-1B status, the employer must take steps to end their obligations, failure to do so may result in penalties including wages owed to employees even after their employment has ended.

If an H-1B worker resigns:

Employer must withdraw the Labor Condition Application filed with the Department of Labor and notify the USCIS in writing that the H-1B employee no longer works for the company so that the USCIS has an opportunity to revoke the underlying H-1B petition.

The employee should be advised that they must depart the US as soon as employment ends, or they will begin to accrue unlawful presence in the United States which may subject them to a three (3) or ten (10) year bar from re-entry into the United States.

If an H-1B worker is terminated:

Employer must withdraw the Labor Condition Application filed with the Department of Labor and notify the USCIS in writing that the H-1B employee no longer works for the company so that the USCIS has an opportunity to revoke the underlying H-1B petition.

The employee should be advised that they must depart the US as soon as employment ends, or they will begin to accrue unlawful presence in the United States which may subject them to a three (3) or ten (10) year bar from re-entry into the United States.

Employer must offer to pay “the reasonable costs of return transportation of the alien abroad.”

Failure to both notify USCIS of the employee’s termination and offer to pay their transportation home could result in the continued accrual of wages owed to the H-1B employee because there is no bona fide termination until these steps are taken. If the H-1B employee voluntarily terminates their employment prior to the expiration of the validity of the petition, the employer is not required to offer to pay transportation costs however they are required to notify USCIS. If the H-1B employee is employed until the end of authorized period of stay, no action by the employer is required.

Changes in the terms of approved H-1B employment also require employers to notify the Department of Labor and USCIS. If the job duties or work location of your H-1B employees have changed, or if workers have resigned or been terminated, please contact our office to ensure that your company is in compliance with all of the rules governing the employment of H-1B workers.

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Job Opening: Office Manager

By Austin Immigration Lawyer | Published: November 7, 2011

We’re currently looking to hire an Office Manager to assist in the daily operations of the firm.

Details: Austin based small law firm has immediate opening for Office Manager. The responsibilities include managing accounting functions; accounts payable and receivable, and payroll; managing case docket system; some human resources; and other operational tasks of the law firm.

Must be a self starter and extremely organized and detailed; able to work in very fast paced setting; able to work with international clients; polished and clear communication skills; self-motivated with strong initiative; and positive attitude.

Requirements:

3 to 5 years experience in managing a professional services firm
Proficient in QuickBooks
Proficient in Microsoft Excel, Word, and Outlook
Ability to handle assignments with limited supervision
Bachelor’s degree and fluency in Spanish strongly preferred

Please e-mail your resume and list of references to reception@mpalaw.net

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Immigration Legislation Updates – Fall 2011

By Austin Immigration Lawyer | Published: November 3, 2011

Currently, there are several pieces of legislation in the House and Senate related to immigration. These bills are important for our clients to monitor, and the firm is keeping track of their process. Please see the short descriptions of the proposals below with links to additional information regarding these change in immigration policy.

Senate Bills

S. 1545
Introduced by Sen. Inhofe (R-OK) on 9/13/11
Designates Taiwan as a visa waiver program country under INA Section 217(c).

House Bills

Doctors for Underserved Areas in America Act (H.R. 2805)
Introduced by Rep. Lofgren (D-CA) on 8/5/11
Amends Section 220 of the Immigration and Nationality Technical Corrections Act of 1994 to make the section permanent.

American Specialty Agriculture Act (H.R. 2847)
Introduced by Rep. Smith (R-TX) on 9/7/11
Establishes a H-2C nonimmigrant visa for an alien having residence in a foreign country which he or she has no intention of abandoning and who is coming temporarily (10-month maximum per contract period) to the United States to perform agricultural services, including the pressing of apples for cider on a farm. Requires an employer or employer association to file an H-2C petition.

Compassionate Visa for Medical Treatment Act (H.R. 2878)
Introduced by Rep. Cohen (D-TN) on 9/9/11
Amends INA with respect to temporary admission of nonimmigrant aliens for the purpose of receiving medical treatment.

Legal Workforce Act (H.R. 2885)
Introduced by Rep. Smith (R-TX) on 9/12/11
Makes mandatory and permanent requirements for use of E-Verify for employment verification.

Legal Agricultural Workforce Act(H.R. 2895)
Introduced by Rep. Lungren (R-CA) on 9/12/11
Amends INA to provide for a temporary agricultural worker program.

Chinese Media Reciprocity Act of 2011(H.R. 2899)
Introduced by Rep. Rohrabacher (R-CA) on 9/12/11
Establishes a reciprocal relationship between the number of visas issued to state-controlled media workers in China and in the U.S.

Immigration Backlog Reduction Act of 2011(H.R. 2952)
Introduced by Rep. Hunter (R-CA) on 9/15/11
Provides for expedited removal of certain aliens.

Senior Citizenship Act of 2011 (H.R. 2957)
Introduced by Rep. Nadler (D-NY) on 9/15/11
Amends INA to exempt certain elderly persons (75+ years; 5 years as LPR) from demonstrating an understanding of the English language and the history/government of the United States as a requirement for naturalization. The bill also permits other elderly persons (65+ years; 5 years LPR) to take the history and government examination in a language of their choice.

Fairness for High-Skilled Immigrants Act (HR 3012)
Introduced by Rep. Chaffetz (R-UT) on 9/22/11
Eliminates the per-country numerical limitation for employment-based immigrants, and increases the per-country numerical limitation for family-sponsored immigrants.

Protecting American Families and Businesses Act of 2011(H.R. 3119)
Introduced by Rep. Lofgren (D-CA) on 10/6/11
Amends the INA to remove the per-country limitation on employment-based immigrant visas and adjusts the per-country limitation on family-sponsored immigrant visas.

Student Visa Reform Act (H.R. 3120)
Introduced by Rep. Lofgren (D-CA) on 10/6/11
Amends the INA to require accreditation of certain educational institutions for purposes of a nonimmigrant student visa.

H.R. 3162
Introduced by Rep. Alexander (R-LA) on 10/12/11
Prohibits the Secretary of Labor from implementing certain rules relating to employment of aliens described in section 101(a)(15)(H)(ii)(b) of the Immigration and Nationality Act.

Our firm will continue to watch the process of these bills and will keep you updated.

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Nov. 4th: 7th Annual ‘Ask an Immigration Lawyer’

By Austin Immigration Lawyer | Published: October 25, 2011

Azamehr and Associates, P.C. along with the Austin Community College International Office and the St. Edward’s University International Office present a free presentation on immigration, work visas for students, information on the DREAM act, and more!

Attorney Mehron Azarmehr will answer your questions about immigration and obtaining a visa at this free, open to the public event.

Food provided (while it lasts).

WHERE: ACC Riverside Campus
1020 Grove Blvd.
Austin, TX 78741
Building G, Room 8100

WHEN: Friday, November 4th

TIME: 11AM-2PM

View the ‘Ask An Immigration Lawyer’ Flyer in Spanish.

RSVP on FACEBOOK.

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H-1B Cap Deadline Approaching

By Austin Immigration Lawyer | Published: October 25, 2011

As of October 21, 2011, 46,200 out of 65,000 or 71% of the total available H-1B visas have been utilized for the current fiscal year. We expect the cap to close in the coming months.

At this time we are urging our clients to plan for the rest of the year by reviewing their need for H-1B employees. Once the Cap closes, there will not be anymore H-1B visa available until the next fiscal year, with an employee start date of October 1, 2012.

Please review your employee files and company needs. Consultations are available upon request. Please also feel free to contact the firm (reception@mpalaw.net) with any questions regarding the H-1B Cap.

Click here to view more information on the H-1B Fiscal Year Cap.

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Oct. 19: Monterrey EB-5 Presentation

By Austin Immigration Lawyer | Published: October 13, 2011

Please be our guest for an EB-5 Investment Visa Presentation presented by Azarmehr & Associates, P.C. & Central Texas Regional Investment Center on October 19, 2011 in Monterrey, Mexico.

DATE: October 19, 2011

TIME: 6:00PM – 9:00PM

LOCATION: Club Industrial, Monterrey, Mexico

MORE: You’re invited to hear Attorney Mehron Azarmehr, CEO of Central Texas Regional Center Rick Rodriguez, and Roberto Fiebig speak about options for EB-5 investor visas to obtain a Green Card to the United States. Private consultations will also be available.

Click here to RSVP on Facebook or email us at reception@mpalaw.net to attend.

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H-1B Fiscal Year 2012 Cap Season

By Austin Immigration Lawyer | Published: October 12, 2011

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. Each year USCIS uses the information provided by Part C of the H-1B Data Collection and Filing Fee Exemption Supplement to determine whether a petition is subject to the 65,000 H-1B numerical limitation (the “cap”). Some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher.

The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap. Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

Eligible Petitions at the Date of Last Count are:

H-1B Regular Cap 65,000 (Cap Amount) 41,000 (Cap eligible)
H-1B Master’s Exemption 20,000 (Cap Amount) 19,100 (Cap eligible)

Read the entire H-1B Cap Report here.

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