Foreign Students Protest

About 400 foreign students walked off their jobs last week at a plant here that packs Hershey’s chocolates, saying the J-1 summer program which is supposed to be a cultural exchange had instead turned them into underpaid labor.  The students, from countries including China, Nigeria, Romania and Ukraine, came to the United States through the long-established State Department summer visa program that allows them to work for two months and then travel. They said they were expecting to practice their English, make some money and learn what life is like in the United States. The students were put to work lifting heavy boxes and packing Reese’s candies, Kit-Kats and Almond Joys on a fast-moving production line, many of them on a night shift. After paycheck deductions for fees associated with the program and for their rent, students said at a rally in front of the huge packing plant that many of them were not earning nearly enough to recover what they had spent in their home countries to obtain their visas.

Although the J-1 summer program has drawn complaints recently from students about low wages and unexpectedly difficult work conditions this appears to be the first time that foreign students have engaged in a strike to protest their employment.

The arrangements that brought the foreign students to work at the Eastern Distribution Center III near Hershey, PA involved layers of contractors. A spokesman for Hershey’s, Kirk Saville, said the chocolate company did not directly operate the Palmyra packing plant, which is managed by a company called Exel. A spokeswoman for Exel said it had found the student workers through another staffing company.  The students said they mainly placed blame on the organization that manages the J-1 visa program for the State Department, the Council for Educational Travel, U.S.A., which is based in California.

If you have any questions about the J-1 visa program or student visas please contact our office at info at harms-law.com.

You can read more about this story at http://www.nytimes.com/2011/08/18/us/18immig.html?pagewanted=1&hpw

USCIS Trying to Keep Startups in the U.S.

The USCIS has announced a new initiative designed to attract and retain foreign entrepreneurs, particularly in the high-tech sector, who wish to launch start-up companies in the U.S.   This initiative will include changes to current visa programs and training for visa officers with the objective of enabling more entrepreneurs to gain entry into the U.S. and of bringing more speed and efficiency to the visa-application process.

Here are some of the proposed changes:

EB-2 Immigrant Visas: foreign entrepreneurs will be eligible without a specific job offer, as long as they demonstrate that their business endeavors will be in the U.S. national interest.

H-1B Visas: The government is also seeking to bolster use by foreign entrepreneurs of H-1Bs. A sole entrepreneur can now qualify for an H-1B if the individual’s employment is decided by a corporate board or shareholders of the start-up company.

EB-5 Investor Visas: Additionally, the EB-5 investor program, which enables foreign investors and their families to qualify for green cards if they invest at least $500,000 in a U.S. project that generates at least 10 jobs.

If you have any questions about this new government initiative or any of these visas please contact our office at info at harms-law.com.

Here is a link to the Wall Street Journal article discussing this initiative: http://online.wsj.com/article/SB10001424053111904292504576482573203358158.html

Updated H-1b Count

As of July 1, 2011 approximately 18,400 H-1B cap-subject petitions were receipted.  Additionally, USCIS has receipted 11,900 H-1B petitions for aliens with advanced degrees.   USCIS started accepting H-1B petitions subject to the fiscal year 2012 on April 1, 2011. The current annual cap on the H-1B category is 65,000. Not all H-1B non-immigrants are subject to this annual cap.  If you are interested in the H-1B program or have any questions, please contact our office at info at harms-law.com.

H-1b Count

As of June 13, 2011 approximately 15,200 H-1B cap-subject petitions were receipted.  Additionally, USCIS has receipted 10,200 H-1B petitions for aliens with advanced degrees.   USCIS started accepting H-1B petitions subject to the fiscal year 2012 on April 1, 2011. The current annual cap on the H-1B category is 65,000. Not all H-1B non-immigrants are subject to this annual cap.  If you are interested in the H-1B program or have any questions, please contact our office at info at harms-law.com.

July 2011 Visa Bulletin

The new visa bulletin is out.

Family based petitions are backlogged, with the most recent date at March 2008. 

Employment-based categories have moved a bit since last month and are as follows:

•  EB-1 is current for all countries
•  EB-2 is current, except for India (March 2007) and China (March 2007)
•  EB-3 is at October 2005 for all countries, except for India (May 2002), China (July 2004), and Mexico  (July 2005)
•  EB-3 other workers is at November 2004 for all countries, except India (April 2003), China (April 2003) and Mexico (November 2004)
•  EB-4, religious workers, EB-5, and targeted employment areas and regional centers are all current.

The full visa bulletin can be found at http://www.travel.state.gov/visa/bulletin/bulletin_5489.html

Federal Agencies Combat Immigration Services Scams

The U.S. government will unveil a national initiative to combat immigration services scams this week. The Departments of Homeland Security (DHS) and Justice (DOJ) and the Federal Trade Commission (FTC) are leading this effort. DHS’s U.S. Citizenship and Immigration Services (USCIS) will announce the initiative on June 9. These immigration scams include the unauthorized practice of immigration law and deceptive practices.  These scams cause harm to our immigration system and victimize members of the immigrant community. Federal, state and local partners will come together to combat immigration services scams through three approaches: enforcement, education, and continued collaboration.

H-1B Count

As of May 20, 2011, approximately 12,300 H-1B cap-subject petitions were receipted.  Additionally, USCIS has receipted 8,500 H-1B petitions for aliens with advanced degrees.  Last week the count was 11, 200 H-1B cap-subject petitions and 7,900 H-1B petitions for aliens with advanced degrees.  USCIS started accepting H-1B petitions subject to the fiscal year 2012 on April 1, 2011. The current annual cap on the H-1B category is 65,000. Not all H-1B nonimmigrants are subject to this annual cap.  If you are interested in the H-1B program or have any questions, please contact our office at info at harms-law.com.

Updated PERM processing times as of 4/25/11

The Department of Labor (“DOL”) has provided an update on the current PERM processing dates as of April 25, 2011.  The processing times, according to DOL, are as follows:

• Regular processing:  DOL is processing PERM applications filed in March of 2011. 
• Audited applications: DOL is processing PERM audits which have a priority date of December 2009. 
• Appealed applications:  DOL is processing PERM appeals which have a priority date of September 2008.  
• “Government error” appealed applications: DOL is current on these cases meaning a 30-45 day processing time.

Here is the link to the DOL page with the processing times for more information: http://icert.doleta.gov/#fragment-2

Immigration Options for California College of the Arts Students After Graduation

On Wednesday, March 30, I visited California College of the Arts and presented Immigration Options for CCA Students Following Graduation.  As I explain in all of my presentations at local San Francisco Bay Area universities, it is always wise for students to consult with an immigration attorney to discuss their options for work authorization prior to accepting a position with a employer.

If you are interested in scheduling a free presentation at your university regarding immigration options for students and scholars after leaving the university, please contact our office at info at harms-law.com.

New Immigration Fees as of November 23, 2010