Tievsky Immigration Law

U.S. Immigration and Nationality Law

The Law Office of Charles A. Tievsky, PLC is a globally-focused law firm helping businesses and individuals to plan and implement immigration and nationality strategies. We take a pragmatic and solution-driven approach to our clients' needs, and recognize that unresolved immigration issues may have an overwhelming impact on individuals' ability to lead their lives and on businesses' ability to meet their objectives and commitments. It is our goal to provide our clients with first order service, a high degree of responsiveness, a reasonable fee structure, and full and informed communication throughout our representation. We would be pleased to work with you.

March 2009 Immigration News Update

Recent Developments

DHS Budget Proposal Emphasizes Border, Transportation Security - Proposal increases Southwest Border enforcement spending by 18% to $2 billion and increases TSA budget by 12%. (7/1/2009)

Employment-Based Visa Availability - The State Department declares the outlook for availability of India and China Employmnet-Based immigrant visas is "grim". (6/29/2009)

Immigration Reform Back on the Agenda, But Still a Hard Sell – President Obama met with Congressional Leaders to kick off a late 2009 legislative push, but White House acknowledges the votes aren’t there yet. (6/29/2009)

FY2010 H-1b Visa Demand Slow - Both Regular and Masters caps petitions continue to be accepted by USCIS with employer demand sluggish. (6/29/2009)

Slow Economy Maintains H-1b Visa Availability - USCIS announced April 8 that only about half of the 65,000 H-1b visas under the general cap for FY2010 had been accounted for during the first week of availability.

DHS Secretary Napolitano on Her Employer Enforcement Policy - New DHS Secretary Napolitano testifies in front of the House Homeland Security Committee, and orders an investigation into the first worksite raid during the Obama adminstration. (3/20/2009)

Labor Certification Denials Reversed by BALCA - DOL's failure to reference "magic words" on PERM application form deemed a denial of due process and can't form the basis of a denial - until August 1. (3/20/2009)

DHS and State Certify WHTI Compliance for Land and Sea – Passport or alternative documentation checks likely to commence June 1, 2009, unless delayed by Congress. (3/11/2009)

I-140 Premium Processing Expanded a Little - USCIS expands program to facilitate H-1b extensions for beneficiaries whose full six years have expired but who are eligible for an extension with an approved I-140. (3/11/2009)

USCIS Releases List of Companies Receiving "New" H-1b Approvals in FY2008 - Of the 85,000 H-1b petitions selected and approved in April 2007 lottery, Infosys Technologies Limited had the most approved petitions (4,559 approved initial beneficiaries). (3/11/2009)

USCIS Adopts Procedures to Remedy Delayed Employment Authorization Applications - Cases pending more than 75 days will be prioritized and adjudicated within 10 days of notice from applicant or a temporary card issued. (3/11/2009)

Congress Imposes H-1b Hiring Restrictions on Recipients of TARP Funds - Stimulus Bill requires participating banks to recruit U.S. workers for would-be H-1b jobs and bars displacement of U.S. workers for three month periods before and after H-1b hires. (2/18/2009)

DHS Publishes List of H-2B Countries – DHS has released the list of countries whose nationals may participate in the H-2B temporary non-agricultural worker program. Under new rules adopted in December 2008, DHS, with the concurrence of the State Department, will only allow issuance of H-2B visas to nationals of countries “that are important for the operation of the H–2B program and are cooperative in repatriation of its citizens, subjects, nationals or residents who are subject to a final order of removal from the United States.” The list, which DHS and State will presumably amend from time to time, currently includes Argentina, Australia, Belize, Brazil, Bulgaria, Canada, Chile, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, Indonesia, Israel, Jamaica, Japan, Mexico, Moldova, New Zealand, Peru, Philippines, Poland, Romania, South Africa, South Korea, Turkey, Ukraine, and the United Kingdom. (2/6/2009)

New I-9 Delayed – USCIS has delayed for sixty days implementation of a revision to the I-9 form which employers use to establish identity and employment authorization of new hires. The revised I-9 would prohibit the use of expired documents to establish identity and employment authorization, and makes changes to the list of permissible documents employees may present as evidence. The delay, until at least April 3, 2009, results at least in part from the Obama Administration’s request that agencies delay for sixty days implementation of regulations imposed in the final days of the Bush Administration to allow for further consideration. A number of commenters had also requested the delay. The new I-9 has been unwelcome for a number of reasons, among them that it fails to address many situations where employment is authorized but documentation does not appear on the list of acceptable documents (e.g., automatic extensions of temporary protected status, pending petitions to remove conditional permanent residence). (2/3/2009)

U.S. Southern Border Fence Costs – The Government Accountability Office determined that the cost of fencing constructed during 2007-2008 ranged from $200,000 per mile for vehicle fencing located in remote areas to $15.1 million per mile for pedestrian fencing in populous areas. The average per mile cost for vehicle fencing was $1 million to $2.8 million per mile, with pedestrian fencing averaging $3.9 to $4.8 million per mile. The wide cost variance is a function of topography and land acquisition costs. 1330 miles of Southern Border fencing remains to be funded. (1/30/2009)

Additional E-Verify Delays - USCIS has announced a further delay in mandating that most federal contractors and their subcontractors enroll in E-Verify as a condition of receiving new contracts. The policy is now slated to be included in most GSA, Defense, and NASA contract awards and solicitations issued after May 21, 2009. The requirement has already been put on hold through February 20, 2009, stemming from legal action brought by the U.S. Chamber of Commerce. (1/29/2009)

GAO Costing Methodology Improvements – The Government Accountability Office concluded that USCIS’ costing methodology for setting immigration application fees failed to include key costs, was inconsistent with Federal costing practices, and failed to provide adequate justification in many instances. GAO recommended that USCIS should improve its costing methodology so as to: 1) ensure that application fees cover the costs incurred by all federal entities for immigration processing operations in full, and 2) increase confidence that USCIS’ cost estimates “provide a reliable basis for setting application fees.” Among other things, GAO expressed concern that the Premium Processing program is being subsidized by filing fees paid by non-Premium filers. (1/27/2009)

Homeland Security Appointee Talks Tough on Enforcement – President-elect Obama's choice for Homeland Security Chief, Arizona Governor Janet Napolitano, sees fixing the U.S. immigration system as a high priority and seemed ready to let the Justice Department pursue employers rather than focus on mass arrests. (1/16/2009)

Agencies Impose E-Verify on Government Contractors then Punts Implementation to New Administration – Most prime and subcontractors would be required to electronically verify employment authorization for new and existing employees performing civilian and defense agency contracts. (1/16/2009)

Labor and USCIS Adopt Major Changes to H-2B Temporary Worker Program – State Workforce Agencies are cut out of process in favor of PERM-like pre-recruitment and employer certification; DOL takes the lead on enforcement and adjudication. (1/16/2009)

Visa Waiver Pre-Travel Registration Becomes Mandatory - Travelers to the U.S. from the 35 Visa Waiver Program countries must now register online with DHS’ Electronic System for Travel Authorization (ESTA) before departing for the U.S. DHS has issued a detailed FAQ on ESTA. (1/16/2009)

New PERM Application Format - The U.S. Department of Labor has announced briefing schedules in anticipation of the roll out of a new online Permanent Labor Certification application form. The current form, in use since March 2005, has been plagued with software problems, confusing form language and instructions, and technical limitations. The new form is said to be based on new technology, and will take effect once the online version has been approved by the Office of Management and Budget. (1/16/2009)

FY 2009 H-2B Cap - USCIS announced that effective January 8, 2009 that it has cut off petitions for H-2B temporary non-agricultural workers for the April - September 2009 period. (1/16/2009)

State Department Permits Repeat Participation in Au Pair Program - Repeat participation is now allowed in the Au Pair Program, but participants must spend two years outside the U.S. between programs. (1/16/2009)

Eight New Countries Admitted to Visa Waiver Program - President Bush welcomes the Czech Republic, Estonia, Hungary, Latvia, Lithunia, Slovakia, the Republic of Korea, and Malta as these countries are admitted into the Visa Waiver Program (VWP). Their newly acquired status will take effect in about a month. Bulgaria, Cyprus, Greece, Poland, and Romania are participating in the Visa Waiver Road Map, which is helping them to qualify for admittance into the VWP. (1/16/2009)

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