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| THE FIRM PROVIDES THE FOLLOWING SERVICES: ♦ NON-IMMIGRANT VISAS - EMPLOYMENT-BASED ♦ IMMIGRANT VISAS OR PERMANENT RESIDENCE (GREEN CARD) EMPLOYMENT/INVESTOR AND FAMILY-BASED ♦ OTHER AREAS: Immigration Appeals, Adjustment of Status Interview, National Interest Waiver, Naturalization & Citizenship, PERM Labor Certification, U Visa, Religious Workers, Political Asylum, and, more. ♦ INTELLECTUAL PROPERTY/PATENT, TRADEMARK, COPYRIGHT, and more. CLICK HERE TO SEE LIST OF SERVICES THE FIRM PROVIDES. |
| To schedule a consultation, call Tel. (281) 340-2027 or (281) 980-1385. |
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Major Changes Coming to Labor
Certification Process
As many already know, the filing of a labor certification is a great option for
employers to obtain the labor they need to fill positions when U.S. workers are
unwilling, unable, or unqualified. In recognition that the labor certification
process could take years to complete, regulations allowed an employer to
substitute a different employee from the one who had been originally designated
at the start of the process. However, On April 27, 2007 the Office of
Management and Budget concluded its review of a new regulation that will end
that favorable allowance for substitution. That means that soon the regulation is
expected be published in final form and given a specific date for it to become
effective.
Additionally, the upcoming regulation is also setting a limit on the validity of an
approved labor certification. In the past, there was no time limit regarding
when an approved labor certification could be used to seek permanent
residency. However, in the upcoming regulation, that unlimited use will be cut
short to 45 days.
The regulation carries other significant changes including the prohibition against
the employee or prospective employee paying the employer’s attorney fees and
other labor certification costs and the enhancement of penalties for violations of
the labor certification regulations.
In summary, anyone considering a labor certification substitution should
probably consider filling as soon as possible. Of course, it is best to discuss all
options with legal counsel first, since it is even possible that by the date this
article goes to press the new labor certification regulations might have become
effective.
CHECK THE LATEST UPDATE ON THESE CHANGES
Certification Process
As many already know, the filing of a labor certification is a great option for
employers to obtain the labor they need to fill positions when U.S. workers are
unwilling, unable, or unqualified. In recognition that the labor certification
process could take years to complete, regulations allowed an employer to
substitute a different employee from the one who had been originally designated
at the start of the process. However, On April 27, 2007 the Office of
Management and Budget concluded its review of a new regulation that will end
that favorable allowance for substitution. That means that soon the regulation is
expected be published in final form and given a specific date for it to become
effective.
Additionally, the upcoming regulation is also setting a limit on the validity of an
approved labor certification. In the past, there was no time limit regarding
when an approved labor certification could be used to seek permanent
residency. However, in the upcoming regulation, that unlimited use will be cut
short to 45 days.
The regulation carries other significant changes including the prohibition against
the employee or prospective employee paying the employer’s attorney fees and
other labor certification costs and the enhancement of penalties for violations of
the labor certification regulations.
In summary, anyone considering a labor certification substitution should
probably consider filling as soon as possible. Of course, it is best to discuss all
options with legal counsel first, since it is even possible that by the date this
article goes to press the new labor certification regulations might have become
effective.
CHECK THE LATEST UPDATE ON THESE CHANGES
| READ OTHER ARTICLES WRITTEN BY ATTY. CASTILLO |
GERMAN CASTILLO LAW OFFICE, P.C.
| Immigration Law and Intellectual Property |
| A P r o f e s s i o n a l C o r p o r a t i o n |
INSIDE THIS ISSUE
| German Castillo Law Office, P.C. 14090 Southwest Freeway, Suite 300, Sugar Land, TX 77478 Tel (281) 340-2027; (281) 980-1385; Toll Free Fax 1 (866) 416-0059; California: Tel (650) 270-5239 INTERNATIONAL OFFICE: PHILIPPINES: 6/F Padilla Building, Emerald Avenue, Ortigas Center, Pasig City, Philippines Tel (63-918) 906-8142 Fax (63-2) 631-1546 |
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USCIS Fees To Increase
The United States Citizenship and Immigration Service (USCIS) recently undertook a careful and comprehensive
fee review to revise its application and petition fees in order to ensure it recovers its full business costs.
Accordingly, USCIS has proposed a broad set of fee increases that are intended to ensure adequate funding to
fully meet the USCIS goals of improving customer service and delivery of benefits, ensuring national security
and public safety, and meeting business modernization needs.
Although the weighted average increase for applications and petition fees will be approximately 86 percent, the
increase in actual costs to applicants and petitioners will be only 66 percent. In other words, although fees are
increasing for most applications, applicants for adjustment of status will no longer be required to pay a fee to
apply for interim benefits.
Several examples of current and proposed fees for specific applications and petitions include:
(1) Application to Replace a Permanent Resident Card (I-90) – current fee is $190; proposed fee is $290;
(2) Petition for Alien Fiancé (I-129F) – current fee is $170; proposed fee is $455;
(3) Application to Register Permanent Status or Adjust Status (I-485) – current fee is $325; proposed fee is
$905; and
(4) Application for Naturalization (N-400) – current fee is $330; proposed fee is $595.
There is no definitive date by which this fee increase will occur. However, the proposed rule has been
published, comments have been solicited, and it is now a matter of time before the final rule and effective date
are made know. For those contemplating filing an application, it might be better to do so sooner, rather than
later. CHECK THE LATEST UPDATE ON USCIS FEES INCREASE
The United States Citizenship and Immigration Service (USCIS) recently undertook a careful and comprehensive
fee review to revise its application and petition fees in order to ensure it recovers its full business costs.
Accordingly, USCIS has proposed a broad set of fee increases that are intended to ensure adequate funding to
fully meet the USCIS goals of improving customer service and delivery of benefits, ensuring national security
and public safety, and meeting business modernization needs.
Although the weighted average increase for applications and petition fees will be approximately 86 percent, the
increase in actual costs to applicants and petitioners will be only 66 percent. In other words, although fees are
increasing for most applications, applicants for adjustment of status will no longer be required to pay a fee to
apply for interim benefits.
Several examples of current and proposed fees for specific applications and petitions include:
(1) Application to Replace a Permanent Resident Card (I-90) – current fee is $190; proposed fee is $290;
(2) Petition for Alien Fiancé (I-129F) – current fee is $170; proposed fee is $455;
(3) Application to Register Permanent Status or Adjust Status (I-485) – current fee is $325; proposed fee is
$905; and
(4) Application for Naturalization (N-400) – current fee is $330; proposed fee is $595.
There is no definitive date by which this fee increase will occur. However, the proposed rule has been
published, comments have been solicited, and it is now a matter of time before the final rule and effective date
are made know. For those contemplating filing an application, it might be better to do so sooner, rather than
later. CHECK THE LATEST UPDATE ON USCIS FEES INCREASE
ICE Expands Anti-Fraud Task Forces
On April 25, 2007, the U.S. Immigration and Customs Enforcement (ICE) announced that it was expanding its
multi-agency anti-fraud task forces to six more major cities. These task forces bring together the expertise of
various government agencies and, since as early as April 2006, have already been operating in Georgia,
Massachusetts, Texas, Colorado, Michigan, California, New York, New Jersey, Philadelphia, Minnesota, and
Virginia. In that short period, the task forces have initiated 541 investigations, 350 indictments, 456 criminal
arrests and 243 convictions.
The task forces target primarily document fraud and benefit fraud. The additional Document and Benefit Fraud
Task Forces will be located in Baltimore; Chicago; Miami; Phoenix; San Francisco; and Tampa, Fla. According
to ICE, these task forces “partner with U.S. Attorney’s Offices to formulate a comprehensive approach in
targeting criminal organizations behind these schemes as well as the ineligible beneficiaries of such fraud.”
multi-agency anti-fraud task forces to six more major cities. These task forces bring together the expertise of
various government agencies and, since as early as April 2006, have already been operating in Georgia,
Massachusetts, Texas, Colorado, Michigan, California, New York, New Jersey, Philadelphia, Minnesota, and
Virginia. In that short period, the task forces have initiated 541 investigations, 350 indictments, 456 criminal
arrests and 243 convictions.
The task forces target primarily document fraud and benefit fraud. The additional Document and Benefit Fraud
Task Forces will be located in Baltimore; Chicago; Miami; Phoenix; San Francisco; and Tampa, Fla. According
to ICE, these task forces “partner with U.S. Attorney’s Offices to formulate a comprehensive approach in
targeting criminal organizations behind these schemes as well as the ineligible beneficiaries of such fraud.”