The DOJ reached a settlement agreement with Restwend LLC, the corporate owner of several Wendy’s restaurants in Maine.  The investigation alleged that at least one of its restaurants engaged in employment discrimination by refusing to hire individuals believed to be non-U.S. citizens even though they had legal work authorization.

Based on the DOJ’s findings, since at least 2009 this particular Wendy’s instituted a policy of refusing to hire work authorized individuals whom it believed to be non-U.S. citizens.  However, the Immigration and Nationality Act prohibits discrimination in hiring against authorized workers on the basis of citizenship status.

Restwend has agreed to pay $14,500 in back pay, plus interest, to a victim of its citizens-only policy, plus $3,200 in civil penalties.

As of February 4, 2011, DOL’s processing times for PERM filings are as follows:

Analyst Reviews:  February 2011

Audits:  January 2009

Standrad Appeals:  June 2008

Government Errors:  Current.

The U.S. Department of State has released the December 2010 Visa Bulletin.  Here are the highlights for employment-based categories:

• EB-2 for India remains at May 8, 2006.
• EB-2 for China moves up 2 weeks  to June 22, 2006.
• EB-2 for all other counties is current.
• EB-3 for India moves up 1 1/2 weeks to February 1, 2002.
• EB-3 for China moves up 1 week to December 15, 2003.
• EB-3 for Mexico jumps 9 months to April 15, 2003
• EB-3 for all other countries moves up 1 month to March 22, 2005.

As of November 5, 2010, USCIS has received approximately 46,800 petitions under the Regular H-1B Cap and 17,200 petitions under the US Master’s Cap.

On September 23, 2010, USCIS announced that a final rule adjusting immigration filing fees will go into effect on November 23, 2010. Here are the highlights:

- Overall, the final rule will increase petition and application filing fees by around 10%; however, the filing fee for naturalization applications will not increase.
- The following fees will be reduced:

• Petition for Alien Fiancé (Form I-129F);
• Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
• Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
• Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.

- The premium processing fee will be adjusted.

- There will be 3 new fees:

• Fee implemented to recover USCIS cost of processing immigrant visas granted by the Department of State;
• Fee for individuals seeking civil surgeon designation (with an exemption for certain physicians who examine service members, veterans, and their families
• Fee for regional center designation under the Immigrant Investor Pilot Program (EB-5).

- Fee waivers will become available to new categories, including:

• Individuals seeking humanitarian parole under an Application for Travel Document (Form I-131);
• Individuals with any benefit request under the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008; and
• Individuals filing a Notice of Appeal or Motion (Form I-290B) following a denial of any application or petition that did not initially require a fee.

- Two citizenship-related fees for those service members and veterans of the U.S. armed forces who are eligible to file an Application for Naturalization (Form N-400) with
no fee (Request for Hearing on a Decision in Naturalization Proceedings (Form N-336) & Application for Certificate of Citizenship (Form N-600).

According to USCIS, the overall increase in fees is necessary in order for USCIS to meet its application processing goals and recover the costs of its operations. USCIS’s fee revenue in fiscal years 2008 and 2009 was much lower than projected, and fee revenue in fiscal year 2010 remains low.

Following is a chart which lists the adjusted fees that will take effect on November 23, 2010 and the current fees in effect until then.

Application/Petition Current Fee New Fee (beginning Nov. 23, 2010)
I-90 Application to Replace Permanent Resident Card $290 $365
I-102 Application for Replacement/Initial I-94 Document $320 $330
I-129/129CW Petition for a Nonimmigrant Worker $320 $325
I-129F Petition for Alien Fiancé(e) $455 $340
I-130 Petition for Alien Relative $355 $420
I-131 Application for Travel Document $305 $360
I-140 Immigrant Petition for Alien Worker $475 $580
I-191 App. Adv. Permission to Return to Unrelinquished Domicile $545 $585
I-192 Application for Adv. Permission to Enter as Nonimmigrant $545 $585
I-193 Application for Waiver of Passport and/or Visa $545 $585
I-212 Application for Permission to Reapply for Admission $545 $585
I-290B Notice of Appeal or Motion $585 $630
I-360 Petition for Amerasian, Widow(er), or Special Immigrant $375 $405
I-485 App. to Register Permanent Residence or Adjust Status $930 $985
I-526 Immigrant Petition by Alien Entrepreneur $1,435 $1,500
I-539 Application to Extend/Change Nonimmigrant Status $300 $290
I-600/600A
I-800/800A Petition to Classify Orphan $670 $720
I-601 Application for Waiver of Ground of Excludability $545 $585
I-612 App. for Waiver of the Foreign Residence Requirement $545 $585
I-687 App. for Status as a Temporary Resident $710 $1,130
I-690 Application for Waiver of Grounds of Inadmissibility $185 $200
I-694 Notice of Appeal of Decision $545 $755
I-698 App. to Adjust Status from Temporary to Perm. Resident $1,370 $1,020
I-751 Petition to Remove the Conditions of Residence $465 $505
I-765 Application for Employment Authorization $340 $380
I-817 Application for Family Unity Benefits $440 $435
I-824 Application for Action on an Approved Application or Petition $340 $405
I-829 Petition by Entrepreneur to Remove Conditions $2,850 $3,750
I–881 App. for Susp. of Deportation or Special Rule Cancellation $285 $285
I–907 Request for Premium Processing Service $1,000 $1,225
Civil Surgeon Designation $0 $615
I-924 Application for EB-5 Regional Center $0 $6,230
N-300 Application to File Declaration of Intention $235 $250
N-336 Request for Hearing on a Decision in Natz. Proceedings $605 $650
N-400 Application for Naturalization $595 $595
N-470 Application to Preserve Residence for Naturalization Purposes $305 $330
N-565 Application for Replacement Naturalization/Citizenship Doc. $380 $345
N-600/
600K Application for Certification of Citizenship $460 $600
Immigrant Visa $0 $165
Biometrics/Fingerprinting $80 $85

While a non-citizen member of the U.S. armed forces must meet the general requirements and qualifications to become a citizen of the United States like good moral character, some of the other requirements are either reduced or completely waived. For example, qualifying service members and certain veterans need not demonstrate residence or physical presence in the United States, and can forego paying an application fee or biometrics fee to apply for naturalization. Furthermore, service members who serve during specific periods of hostilities may not have to be legal permanent residents.

The U.S. Department of State has released the June 2010 Visa Bulletin.  Here are the highlights for employment-based categories:

EB-2 for China moves up to Nov. 22, 2005

EB-2 for India remains at Feb. 1, 2005

EB-3 for all countries except India and Mexico moves up to June 22, 2003.

EB-3 for India moves up slightly to Oct. 22, 2001.

EB-3 for Mexico is unavailable.

April 19, 2010:  Seaway Valley Capital Corporation, a diversified holding company with holdings in Harbor Brewing Company, Inc.  and Hackett’s Stores, Inc. has executed a term sheet agreement with ACG Consulting, LLC to develop a Regional  Center for EB-5 investment.  Under the proposed deal, Seaway Valley would have a 49% interest in the Regional Center.  The transaction would involve an initial capital raise of $30 million for certain holdings in Seaway Valley.  The Regional Center would fund $10 million in projects for Hackett’s Stores, Inc., which would include Patrick Hackett and certain new retail concepts, 000, and$10 million in projects for Harbor Brewing Company, Inc., which would include brewing and baking operations and new restaurant concepts. A tptal ofjust 60 foreign investors would be involved in funding the deal.

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WASHINGTON – Secretary of Labor Hilda L. Solis recently announced that the U.S. Department of Labor will begin exercising its authority to certify U Nonimmigrant Status Visas. The U Visa was created under the Victims of Trafficking and Violence Prevention Act of 2000 to help victims of certain criminal activities who have suffered mental or physical abuse and are willing to aid law enforcement officials in the investigation or prosecution of such crimes.

Qualifying crimes violating state or federal law include: abduction, involuntary servitude, kidnapping, abusive sexual contact, blackmail, felonious assault, domestic violence, extortion, false imprisonment, female genital mutilation, hostage-taking, incest, manslaughter, murder, obstruction of justice, peonage, perjury, prostitution, rape, sexual assault, trafficking, sexual exploitation, slave trade, torture, witness tampering, unlawful criminal restraint and other related crimes. Individuals who are approved for the U Visa may remain in the U.S. for up to four years and may become eligible for permanent residency.

During workplace investigations, the Wage and Hour Division of the Department of Labor will identify potential applicants for the U Visa. Other requirements for the U Visa include certification by a federal law enforcement agency or official that the beneficiary has assisted, will assist or will likely assist with the prosecution or investigation of the criminal activity.