U.S. IMMIGRATION LAW  NEWSLETTER           

Provided by Kazmi & Sakata

June 2007

www.ksvisalaw.com

 

IMMIGRATION BILL CLEARS KEY SENATE VOTE 

 

NEW FEES

 

TOP TEN VISA WAIT TIMES

 

EMPLOYMENT BASED

IMMIGRANT VISAS CURRENT!

 

DOL ISSUES NEW REGULATIONS REQUIRING EMPLOYER TO PAY ALL FEES (in most cases)

 

VISA BULLETIN LINK

 


 

KAZMI & SAKATA is a Business & Family Immigration Nationality Law Firm in San Diego, California.

Our firm can help you obtain your Green Card through Marriage or through Employment. 

 

 

 

 

info@ksvisalaw.com

 

Phone: 858-874-0711 

 

www.ksvisalaw.com

 

 

  

The AILA (American Immigration Lawyers Association) Annual Conference was held June 13-16 in Orlando, Florida. Clifford Sakata attended the entire event and met several of our colleagues and other immigration professionals.

 

Kazmi & Sakata attend different conferences all year long to stay abreast of all changes in U.S. Immigration Law.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                             

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

  

 

 

 

 

 

 

 

 

 

  

Kazmi & Sakata are proud to provide this free monthly newsletter. This newsletter includes a few brief U.S. immigration updates relating to Employment & Family Visas and Green Cards. It is important for Employers and Family members to stay abreast of any new changes in U.S. immigration policy and procedures.

This month's issue covers a variety of immigrant and non-immigrant issues. 

IMMIGRATION BILL CLEARS KEY SENATE VOTE 

 

Kazmi & Sakata has been waiting to send out our latest newsletter in hopes to provide any news on the pending legislation in the Senate. The Senate voted Tuesday, the 26th of June, to jump-start the stalled immigration measure to legalize millions of unlawful immigrants. President Bush said the bill offered a "historic opportunity for Congress to act," and appeared optimistic about its passage by week's end.

The pivotal test-vote was 64-35 to revive the divisive legislation. It still faces formidable obstacles in the Senate, including bitter opposition by GOP conservatives and attempts by some waverers in both parties to revise its key elements.

Supporters needed 60 votes to scale procedural hurdles and return to the bill. A similar test-vote earlier this month found just 45 supporters, only seven of them Republicans. This time, 24 Republicans joined 39 Democrats and independent Sen. Joseph I. Lieberman of Connecticut, to back moving ahead with the bill. Opposing the move were 25 Republicans, nine Democrats and independent Sen. Bernard Sanders of Vermont.

 

 

NEW FEES

Fees for most CIS filing forms and applications will all be increased on July 30, 2007.  Most filing fees will double in price. 

 

Please feel free to email us for a complete list of the prices and comparisons to previous rates (info@ksvisalaw.com).

 

 

 

TOP TEN VISA WAIT TIMES

Here is the list of the Top Ten Visa Wait Times  at different U.S. Consular Posts.

1.      780 days US Interests Section Havana Cuba
2.      130 days Caracas Venezuela
3.      125 days Port au Prince Haiti
4.      93 days Rio de Janeiro Brazil
5.      73 days Santo Domingo Dominican Republic
6.      72 days Tel Aviv Israel
7.      67 days Brasilia Brazil
8.      65 days Riyadh Saudi Arabia
9.      62 days Nairobi Kenya
10.    59 days Sao Paulo & Monterrey Brazil & Mexico

 

 

 

 

EMPLOYMENT BASED

IMMIGRANT VISAS CURRENT!

The Employment Based Immigrant Visa categories are all current (with the exception of the "other worker" category). This is welcoming news for applicants who have been waiting up to five years for the ability to file an Adjustment of Status.

 

Kazmi & Sakata suggest all clients and aliens to file in the month of July. We do not anticipate the categories will remain current for long. In addition, with the increase in filing fees occurring on July 30th (see above), one should not wait much longer. Once the Adjustment of Status is filed, the alien will have the right to wait in the U.S. even if the backlogs reoccur.

 

 

 


 

 

DOL ISSUES NEW REGULATIONS REQUIRING EMPLOYER TO PAY ALL FEES (in most cases)

The Department of Labor (DOL) is amending its regulations to enhance program integrity and reduce the incentives and opportunities for fraud and abuse related to the permanent employment of aliens in the United States. This Final Rule includes several major provisions and is Effective July 16, 2007:


(A) Prohibit an employer from substituting a new beneficiary in an approved labor certification (PERM application);


(B) Mandate that the validity period of an approved labor certificate is 180 days. If the employer fails to file an immigrant visa petition with the CIS within 180 days after the labor certificate (PERM application) is approved, it is void;


(C) Prohibit the beneficiary from paying attorneys fees for a labor certification or a PERM application.


In addition, this rule requires employers to pay the costs of preparing, filing and obtaining certification. An employer's transfer to the alien beneficiary of the employer's costs incurred in the labor certification or application process is strictly prohibited. The rule makes clear an alien may pay his or her own legitimate costs in the permanent labor certification process, including attorneys' fees for representation of the alien. The rule also reinforces existing law pertaining to the submission of fraudulent or false information and clarifies current DOL procedures for responding to incidents of possible fraud. Finally, the rule establishes procedures for debarment from the permanent labor certification program.

 

 

VISA BULLETIN

 

The Visa Bulletin provides updates on Immigrant Visas (green cards), which are numerically limited by category and by country of chargeability.

 

Please see the following link to the July Visa Bulletin issued by the Department of State:

 

 

We ask our readers to participate and be active in the U.S. immigration practice. Please send us your feedback on this newsletter and feel free to ask any U.S. Immigration question you may have by sending an email to info@ksvisalaw.com.

Disclaimer: This newsletter is not intended as legal advice and you should contact an attorney for any legal advice.