ImmiLetter Vol. III – Issue 10: October 1, 2008

H-2B 2009 Still Open Season
Changes in the horizon
FY-2009 is likely to be significant for H2-B, not only because it is taking center stage with H1-B number crisis, but also because of proposed changes in the current H2B process.

The FY2009 began with the good news for H-2B applicants as the quota is still available but U.S. Citizenship and Immigration Services (USCIS) reports that applications have started to roll in more and more.

FY 2009: Will It Be a Year of Retrogression?
October Visa Bulletin A Schocker!
For the many green card aspirants who were waiting with baited breath for the October 2008 Visa Bulletin, hoping for it to breathe new life into the retrogressed visa categories, it turned out to be a sorely disappointing beginning of a new Fiscal Year.

Nationals of India and China in the Employment Based Second category for green cards woke up a shock of severe retrogression, from August 1st 2006 in September Visa Bulletin to April 1, 2004. And since EB-2 was steadily moving forward in FY 2008, such severe retrogression not really expected right at the beginning of a new fiscal year.

Dept of Labor Backs Off Fragomen
Was It All Bark No Bite?
People were expecting a war, but it turned out to be just a small skirmish, with DOL throwing down the gauntlet to Fragomen.

Back in June 2008, the Department of Labor initiated mass audit into cases handled by one of the biggest immigration law firms in US Fragomen, Del Rey, Bernsen & Loewy, on charges that these firms constructively help their clients hire immigrant workers over local candidates by providing consultation quite early into the hiring process.

Fragomen fought back, arguing that they do not advise their clients to hire immigrant workers and early consultation is provided simply to help the employers comply with the guidelines.

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