FY 2013 cap filings are definitely exceeding the rate of the last two years. At this time last year, USCIS had received roughly 10,400 cap filings. As of April 20th, USCIS announced that it’s received 25,000 against the H-1B regular cap, and 10,900 against the master’s degree cap. The amount of cases received in this initial period for FY 2013 is almost twice the number received last year at this time.

The number of cases received towards the H-1b cap should alert employers who are still considering whether to file H-1b cap cases to take action.  Employers should expect that the H-1b cap will be exhausted at a much earlier date than what occurred in the last few years.

As always, Immigration Compliance Group is happy to answer any questions about the H-1b process. If you’re planning to petition for H-1B employment in FY 2013, contact our office ASAP so that your case can be efficiently and promptly filed.

It has been reported to the American Immigration Lawyers Association (AILA) by a senior Department of State official that immigrant visas for EB-2 India and mainland China were exhausted for this fiscal year as of April 11th. USCIS will continue to accept EB-2 India/China adjustment of status applications based on the priority date cut-offs in both the April and May 2012 Visa Bulletins, but the cases will be on hold until the start of the new 2013 fiscal year as of 10/1/2012 when quotas open up again.  We link to the Visa Bulletins for April and May.

According to the Visa Bulletins, EB-2 India /China applicants with priority dates earlier than May 1, 2010 can continue to file adjustment of status applications with USCIS through April 30, 2012. Those with priority dates earlier than August 15, 2007 can continue to file through May 31, 2012.

Top officials from the White House and the U.S. Citizenship and Immigration Services are in Silicon Valley for the week to solicit viewpoints and input from the start-up community on how the administration can improve the way it hands out visas to talented entrepreneurs who’ve landed funding to create new companies.  While Obama is asking the question how he can improve the immigration process for foreign entrepreneurs, he’s stating to UniVision, “I’ve got 5 years left to solve immigration.”  Our question is, must we really remain in the dark ages for 5 more years?

The article states that comprehensive immigration reform legislation continues to remain stalled in congress, as is specific bi-partisan legislation that attempts to address some of these start-up visa issues. So the Obama administration is left trying to make the most of the rules that it currently has on the books by re-interpreting a more accommodating implementation of those rules with fresh information gathered from the field.   The consensus is that Obama lacks the conviction to use his executive authority in an election year on controversial immigration issues, and that this is simply PR.  We say — this is exactly the time for him to use his executive authority anywhere he possibly can concerning immigration reform.   We shall see if anything comes of this.  More on this here.

The Department of Homeland Security (DHS) this week announced a series of administrative reforms to help attract new businesses and new investment to the U.S. and ensure that the U.S. has the most skilled workforce in the world. These reforms are to take place over a period of time.

Leaders in the private sector launched the Startup America Partnership, an independent alliance of entrepreneurs, corporations, universities, foundations, and other leaders, joining together to fuel innovative, high-growth U.S. start-ups. Within just one year, the Partnership has mobilized to make over $1 billion in business services available to a national network that will serve as many as 100,000 start-ups over the next three years.

For more on this: http://www.whitehouse.gov/economy/business/startup-america

Escondido Disposal, Inc., a refuse and recycle company and an E-Verify participant,  recently had to fire approximately 55 of its 200 employee workforce following an ICE audit when it was revealed that their documents were fraudulent.  The employer was not fined because ICE investigators found that the employer was examining the documentation to the best of their ability and knowledge.  This is noteworthy to emphasize.

Jeff Ritchie, VP of Escondido Disposal, said he was shocked to learn last month that 1/4 of his workforce lacked valid identity and employment authorization documents.  “We’re as vigilant as possible,” said Ritchie, noting that many of the employees were hired before the implementation of E-Verify.  “A big drawback of E-Verify is that it doesn’t go back and check existing employees,” said Mayor Sam Abed.  This is exactly the reason why employers must be proactive and have their I-9 records audited and train their staff, and then select a future date, and start fresh,  to go “electronic” with an I-9 program or E-Verify.

We note that the City of Escondido created a partnership with ICE in May 2010 in which ICE agents assist patrol and police officers in identifying illegal immigrants charged with crimes and consequently, Escondido-based companies appear to be more likely targets for audits.  ICE officials continue to state that they select businesses for audits based up0n tips and the type of business, with companies that affect “critical infrastructure and key resources” more likely to be audited.

For more on this story.

We have heard similar stories such as this over the last few years.  The charges against Taqueria El Balazo stem from a 2008 incident in which U.S. Immigrations and Customs Enforcement (ICE)  agents raided 11 El Balazo restaurants and arrested 63 undocumented workers, drawing the ire of immigration advocates across the Bay Area.

According to the U.S. Attorney’s Office, they later re-hired at least 10 of the illegal employees after receiving written notification from U.S. Immigration and Customs Enforcement and Homeland Security investigators informing them of the employees’ identities. BIG mistake!

Proprietors of the restaurant chain behind Haight Street’s popular Taqueria El Balazo pleaded guilty to a series of violations surrounding immigration, social security, and tax evasion practices.  The owners  told the court they under-reported employee wages to the payroll company; they admitted that, based upon their actions, the amount of employment taxes paid to the Internal Revenue Service were understated, and admitted to hiring employees they knew were not legally allowed to work in this country. According to the plea agreement, between August 2007 and August 2008, they employed more than 100 illegal aliens.

Owners, Marino and Nicole Sandoval. are scheduled to be sentenced December 14^th and could face up to 20 years in prison and a half a million dollars in fines, according to San Ramon Express News. Sandoval’s brother, Francisco Sandoval, who owns and operates the restaurant chain with the couple, pleaded guilty to tax charges last August.

Taqueria El Balazo currently operates nine restaurants throughout the Bay Area in addition to its Haight Street outpost.

For more on this story:  http://www.sanramonexpress.com/news/show_story.php?id=4368

What do restaurant owners need to consider:

• Are you training your employees who are charged with employment eligibility verification?  How thorough are you when it comes to the I-9 process of employment verification?  It’s time to get serious about this.
• Have you been proactive and called for a Form I-9 Audit by a qualified and experienced immigration firm that specializes in this practice area?  We strongly recommend you consider this.
• Are you screening, coaching, training and counseling your employees to ensure compliance with immigration laws?

This is very serious business for all employers and is the major enforcement tool for the economic and political climate we are in at the present time.  The goal on both the state and federal level is to punish egregious employers and convince farmers, restaurant owners, clothing manufacturers, meatpackers and other employers to change their behavior.

Plain and simple, the national debate is heating up over mandatory E-Verify.  Some members of Congress seem intent on pushing the issue without taking into account the harm they will cause for American businesses and workers.  Now is the time to get your house, so to speak, in order.

Our August 2011 InFOCUS immigration newsletter is now available.  We encourage you to sign up to receive our monthly news and Blog posts that report on immigration issues, employer compliance, policy and legislative issues, as well as Department of State and visa updates.

We invite you to continue to visit our website and our Employer Compliance Resource Center for the latest developments on key issues.

Our June 2011 InFOCUS Newsletter is now available.  This month you can read about our update on immigration reform and what’s new in in the practice of immigration law.

Should you wish to become a client of our office, please contact us at 562 612.3996 or drop us an email at info@immigrationsolution.net

Follow us on LinkedIn, Twitter and at our  I-9 Employer Resource Center

Our March 2011 news is now available.  You can access our Immigration News here and our I-9 Compliance Newsletter here.  Should you wish to discuss your immigration case with us, we can be contacted at info@immigrationsolution.net or by phone at 562 612.3996.

We have a volume of free information on our websites that includes newsletters, news flashes, podcasts, blog, and articles.  Please feel free to sign up on our website:  www.immigrationsolution.net to receive our information through email or iTUNES.

USCIS announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011.

The final receipt date is the date on which USCIS determines that it has received enough cap-subject petitions to reach the limit of 65,000.  Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked.  USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2011 that arrive after Jan. 26, 2011.

USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on Jan. 26, 2011. USCIS will use this process to select petitions needed to meet the cap.  USCIS will reject all remaining cap-subject petitions not randomly selected and will return the accompanying fee.

Extensions of stay and portability H-1B cases (transferring to a new employer) can still be filed and so can cases for H-1B exempt employers.

As of April 1, 2011, we can start filing new H-1B cases with USCIS to commence employment October 1, 2011.  This is a good time for employers to begin to assess their H-1B hiring reqirements for FY 2012 and plan in advance.

Contact our office should you wish to consult with us and retain us to handle your H-1B immigration cases.