Partner Laura J. Mazel and Associate Attorney Lisa I. Baker spoke at the 2009 American Immigration Lawyers Association California Chapters Conference in Marina Del Rey on November 12-14.  Laura’s presentation covered issues related to the Department of Labor’s PERM Labor Certification process, focusing on current strategies and pitfalls for the employer-sponsored PERM in the context of Reductions in Force and supervised recruitment.  Lisa reviewed legal challenges and creative alternatives for the long-pending Adjustment of Status applicant. 

Prepare for Surprise USCIS H-1B Site Visits. Funded by antifraud H-1B visa petition filing fees, the government, through its “Administrative Site Visit and Verification Program,” is actively pursuing its authority to root out fraud in employment-based visas. Some of our clients have already had the pleasure of a site visit. Expect more. One of the two Service Centers reportedly has transferred (appears randomly) close to 20,000 cases to the USCIS Office of Fraud Detection and National Security (FDNS). We anticipate that the other Service Center may have sent an equal number of cases to FDNS. FDNS also receives other case referrals. As a result, an FDNS officer or contractor may soon be knocking upon your door to verify that all employer representations in the underlying H-1B visa application package are accurate. The officer likely will (a) have a camera in hand to take pictures of the work site and request a tour of your facility; (b) request to review payroll and H-1B records; (c) request to interview the employee and perhaps manager/supervisors; and (c) request a follow up visit. Don’t be alarmed, but do set up protocols for immigration compliance and to contact immigration counsel immediately. Following some practice tips below may make for an “uneventful” site visit. FDNS otherwise has the power to initiate further investigation which may result in revocation of the H-1B visa approval.

The United States Department of State has announced its Diversity Visa lottery for 2011.  DV-2011 applications must be submitted electronically between noon, Eastern Daylight Time (EDT) (GMT-4), Friday, October 2, 2009, and noon, Eastern Standard Time (EST) (GMT-5), Monday, November 30, 2009.  Applicants may access the electronic Diversity Visa entry form (E-DV) during the registration period.  Applicants are strongly encouraged not to wait until the last week of the registration period to enter.  Heavy demand may result in website delays and the State Department will not accept entries submitted after noon EST on November 30, 2009.