Month: August 2009

Recent Success in the National Interest Waiver Category (NIW)

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While our firm has always had great success in getting green card applications approved through the national interest waiver category, we have recently have enjoyed noteworthy success in getting them approved quickly.  In the past, we normally saw cases take roughly 10-14 months for NIWs to be approved and green cards to be issued.  Currently, both the Texas Service Center and Nebraska Service Center are showing that processing times are roughly 12 months for NIW Form I-140.  However, in several of our most recent NIW cases, we are receiving NIW approvals, including issuance of green cards, in 4 months or less.  One case in particular was approved in less than 3 weeks!  Bear in mind that premium processing is not available for NIWs.  We encountered the rate situation where both Form I-140 and Form I-485 were approved before the applicants even attended their biometrics appointment!  The green cards were mailed out shortly after the biometrics were taken.  It took a lot of hard work on our part to get these cases approved so quickly and we are working to duplicate these results on behalf of the rest of our clients.

Redacted copies of the latest approval notices are below.

NIW Green Cards Approved in Three Weeks!

H-1B Site Visits: They’re Coming to Visit You

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In nearly every H-1B petition, the petitioner is required to pay a $500 anti-fraud fee.  The Department of Homeland Security (DHS) is using the proceeds of these anti-fraud fees to investigate H-1B petitioners.  DHS is contracting with private investigators to make surprise visits, though they may provide advance notice if they so desire, to H-1B work sites.  These investigators are charged with verifying that the petitioning company is a real business entity operating as stated in the H-1B application and that the H-1B visa holder is a legitimate employee.

Therefore, it is imperative that each H-1B sponsor make sure that their filings are accurate.  If any amendments need to be made to reflect material changes in an already approved H-1B petition, such as change in work location or changes in job duties, the employer must timely file an H-1B amendment to reflect such changes.  Failure to take these duties responsibly can result in monetary penalties as well as criminal prosecution.