News Articles

October 27, 2007
Death to the Dream Act

July 11 , 2007
Dead in the Senate: Failing to Pass Immigration Reform

June 15, 2007
All Employment Based Priority Dates Current!

May 21, 2007
Immigration Proposal Paves Path To Legalization

May 7, 2007
Comprehensive Immigration Reform, When will it Happen?

February 8, 2007
Proposed Immigration Fee Rate Hike

December 5, 2006
New Supreme Court Decision Helps Non-Citizen Drug Offenders

November 16, 2006
What a Democratic Congress Means for Immigration Reform

July 18, 2006
Status of Immigration Reform

April 21, 2006
The Lack of Leadership on Immigration Reform

April 20, 2006

Immigration Enforcement to Asset Seizure

April 5, 2006
The Buzz on Immigration Reform

March 22, 2006
New Supreme Court Justices Review Immigration Case

Feb 28, 2006

Senate to Review Immigration Reform
and H1B1s


Nov 8, 2005
Possible H-1B Visa and Employment-Based Immigration Relief

Oct 11, 2005
Apply Now for 2007 Diversity Visa

Jul 31, 2005
Department of Labor Guidance on Work Visas

Jun 17, 2005
USCIS Memo Summarizes REAL ID Provisions

Feb 12, 2005
PERM Faster Labor Certification Overview

Dec 9, 2004
New H1, L1 and Investigative Provisions

Nov 16, 2004
No Consequence for Failure to Register?

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Possible H-1B Visa and Employment-Based Immigration Relief

TheOn October 20, 2005, the Senate Judiciary Committee passed out of Committee by a strong 14-2 vote a proposed bill that would:
    1. Impose a new $500 fee on immigrant visa employment based visa petitions on the EB 1, 2, and 3 categories.

    2. Allow use of employment-based visas from prior years for immediate allocation of up to 90,000/year. As there may be close to 100,000.00 visas not used.

    3. Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. This would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.

    4. Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. Cases like this would then simply be pending adjustments of status while the visa remains available.

    5. Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)

    6. Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.

    7. Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
This proposal still must be reconciled in a conference with the House's alternative budget reconciliation bill, which adds a $1,500 fee increase on L visas. It will be important to contact your Congressmen and Senators to allow for the final push to make these provisions law. If these provisions were to become law, they would provide relief for thousands of applicants who have suddenly been advised that they may not be able to remain in the United States because recently announced heavy backlogs. Companies that have employees, or desire employees, in the employment-based categories are especially encouraged to make calls, send letters, emails or faxes in support of the passage of this legislation.

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