On May 5, USCIS announced its intention to increase the period of admission of Trade NAFTA (TN) professional workers from one to three years.

Several recent developments may impact green card processing for numerous applicants.

U.S. Citizenship and Immigration Services (USCIS) recently announced that it has received more than enough petitions during the initial filing period to fill the H-1B allocation for 2009. This includes both the 20,000 "advanced degree" category and the "regular" 65,000 cap.

On June 6, 2008, President George W. Bush signed an amendment to Executive Order 12989 requiring the more than 200,000 federal contractors to use E-Verify, the Department of Homeland Security’s oft-criticized employment eligibility electronic verification system. While several states require employers to use E-Verify, this is the first time that the federal government has mandated private employer participation in the program.

Homeland Security Secretary Michael Chertoff announced today an interim rule that will require foreign nationals traveling to the U.S. under the Visa Waiver Program (VWP) to register online with the Department of Homeland Security's (DHS) Electronic System for Travel Authorization (ESTA) at least 72 hours before their visit. Once registered, travelers will be eligible to make multiple entries to the U.S. over a two-year period without registering further.

United States Citizenship and Immigration Services (USCIS) recently announced a rule proposal that would extend the maximum period of stay for Treaty NAFTA (TN) nonimmigrant workers from Canada or Mexico. The rule would increase the maximum period of stay for TN workers to three years, as well as allow extensions of stay to be granted in three-year increments. Previously, workers admitted under a TN visa had to seek readmission or apply for an extension of stay each year. The new rule would be similarly applied to dependents of TN workers who are eligible for TD nonimmigrant status. Spouses and unmarried minor children of TN workers, if otherwise admissible, would be eligible for admission and extensions of stay for three-year periods.

Last November, United States Consulates initiated a policy of accessing nonimmigrant (H-1B, L-1, etc.) visa petitions through a new computerized report called the Petition Information Management Service (PIMS). The electronic PIMS record became the primary evidence required by Consulates to confirm petition approval and thereby authorize visa issuance. As the system had incomplete data, visa applicants often faced visa issuance delays ranging from a few hours to several days. While the number of delays caused by PIMS verifications has seemingly been reduced, issues remain.

U.S. Citizenship and Immigration Services (“USCIS”) announced on April 14, 2008, that it has completed the computer-generated lottery for H-1B petitions for fiscal year 2009. USCIS will issue receipt notices no later than June 2, 2008, for properly filed petitions which have been selected for full adjudication. The adjudication process is expected to take approximately eight to ten weeks. For those selected cases filed with premium processing, a decision or response will be made within 15 calendar days after April 14, 2008.

U.S. Citizenship and Immigration Services (USCIS) completed the random lottery selection process April 14, 2008, for all H-1B petitions received April 1 through April 7. USCIS estimates that it received 163,000 petitions during this five-day filing period. Two random selection processes were actually conducted, first for petitions qualifying for the 20,000 U.S. advanced degree exemption, and second for the standard 65,000 cap. Any petitions eligible for, but not selected in, the advanced degree lottery were added in to the lottery for the 65,000 cap.

On April 15, 2008, the U.S. Citizenship and Immigration Services (USCIS) conducted its lottery selection process for all cap-subject H-1B petitions received during the eligible filing period from April 1 – April 7. Cases that were selected will be routed to a USCIS officer for final adjudication. Cases that were not selected in the lottery will be returned along with filing fees.

U.S. Citizenship and Immigration Services (“USCIS”) has announced its preliminary count showing that nearly 163,000 H-1B petitions for FY 2009 were filed between April 1 and April 7, 2008. Approximately, 131,800 of these petitions were for the 65,000 standard H-1B visas available for FY 2009. More than 31,200 of these petitions were for the additional 20,000 H-1B visa in the U.S. advanced degree category.

The USCIS has released a new interim rule extending the F-1 authorized stay and employment authorization of students seeking H-1B visas and extending the period of Optional Practical Training available to students in Science, Technology, Engineering and Mathematics.

The United States Citizenship and Immigration Services (USCIS) announced on April 8, 2007, that it has received enough H-1B petitions to meet the H-1B cap for Fiscal Year 2009 (which begins on October 1, 2008). USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. “advanced degree” exemption. The agency will complete initial data entry for all filings received during the filing period ending on April 7, 2008, before running the random selection process or lottery.

Employers—please note that all petitions for new H-1B visas should be fi led with the U.S. Citizenship and Immigration Service (“USCIS”) on APRIL 1, 2008 to ensure that they have a chance of being adjudicated.

U.S. Citizenship and Immigration Services (USCIS) has announced it received more than enough petitions during the initial filing period from April 1 to April 7 to fill the H-1B allocation for 2009. This includes both the 20,000 “advanced degree” category and the “regular” 65,000 cap.

On April 4, 2008, the U.S. Department of Homeland Security (DHS) announced its intent to release an interim final rule that would affect F-1 students’ Optional Practical Training (OPT) in two significant ways.

On April 4, 2008, U.S. Department of Homeland Security (DHS) issued a press release describing an interim rule that extends the period of Optional Practical Training (OPT) from 12 months to 29 months for foreign students in F-1 status who are able to meet certain requirements. This interim rule is expected to be published in the Federal Register in the next 48 hours and will take immediate effect.

This morning at the AILA 2008 Spring CLE Conference in Washington, D.C., Michael Aytes, Director of Domestic Operations for the U.S. Citizenship and Immigration Service (USCIS), announced that the annual H-1B numbers for both the regular and advanced U.S. degree caps have already been used up. Unconfirmed reports indicate that there could be as many as 300,000 – 500,000 cases for this year's lottery.

Beginning April 1, 2008, U.S. Citizenship and Immigration Services (USCIS) began accepting new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or after October 1, 2008. This year, USCIS has decided to extend the H-1B filing deadline through April 7, 2008. All H-1B petitions received from April 1, 2008, through April 7, 2008, will be subject to a random selection process. Any petitions not selected will be returned, along with the appropriate filing fees.

Employers—please note that all petitions for new H-1B visas should be fi led with the U.S. Citizenship and Immigration Service (“USCIS”) on APRIL 1, 2008 to ensure that they have a chance of being adjudicated. As you know, the U.S. government limits the number of new H-1B visas for professionals to 65,000 each year, with limited exceptions. Last year, 124,000 H-1B petitions were received between April 1 and April 3, forcing USCIS to develop a lottery selection process to determine which petitions would be adjudicated.

Beginning April 1, 2008, employers can file new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or after October 1, 2008. It is expected that the H-1B cap of 85,000 new visas for fiscal year 2009 (October 1, 2008, through September 30, 2009) will once again be reached on the first day of filing. Even new H-1B visas for applicants with an advanced degree from a U.S. college or university are expected to be reached on the first date of filing. With this in mind, it is critical to begin the preparation of any H-1B filings now! We advise employers who expect to file under the FY2009 cap to start finalizing job offers immediately. If you are considering the hiring of a foreign worker who will need H-1B sponsorship, we encourage you to contact us as soon as possible to review your hiring plans.

U.S. Citizenship and Immigration Services (USCIS) issued an interim final rule on March 19, 2008, that prohibits employers from filing more than one petition for an H-1B visa for a single employee in a fiscal year. USCIS will now either deny or revoke multiple petitions filed by an employer for the same H-1B worker. USCIS will not refund filing fees for duplicative or multiple H-1B petitions. The interim final rule will become effective upon publication in the Federal Register and is available on the USCIS website at http://www.uscis.gov/.

Employed individuals in F-1 or J-1 status, or through an Employment Authorization Document with no other underlying nonimmigrant immigration status, may need to consider filing an H-1B petition, which can be done beginning April 1,2008.

Employers may begin filing "new" H-1B petitions on Monday, March 31.

It is expected that the H-1B Cap of 65,000 new visas for fiscal year 2009 (October 1, 2008, through September 30, 2009) will once again be reached on the first day of filing. As of April 1, 2008, employers can file H-1B temporary worker petitions for foreign nationals requesting an employment start date on or after October 1, 2008.

Employers who anticipate needing H-1B visas for FY 2009 should be aware that early filing begins April 1, 2008. Although USCIS will not grant H-1B employment to begin until October 1, 2008 (the first day of FY 2009), it will accept applications up to six months prior to this date.

On January 9, 2008, the U.S. Department of State ("DOS") released the February 2008 Visa Bulletin. DOS explicitly announces that as of January 9, 2008, the annual limit of employment based second preference category (EB-2) immigrant visa numbers for Indian nationals has been reached and that the India EB-2 category is "unavailable" effective immediately. This is a departure from regular visa bulletins that provide only information about the visa availability for the referenced month. As a result of this news, individuals in the India EB-2 category who had a priority date that was current and expected the cutoff date to be viable until the end of the month (January 31) can no longer file an adjustment of status (AOS) application or obtain an immigrant visa at a US consulate abroad.

On January 3, 2008, U.S. Citizenship and Immigration Services (USCIS) announced that it had received a sufficient number of H-2B petitions to reach the congressionally mandated cap of 33,000 for the second half of FY 2008. USCIS determined that January 2, 2008 is the "final receipt date" for new H-2B worker petitions requesting employment start dates before October 1, 2008. USCIS will reject any petition for new H-2B workers received after January 2, 2008 requesting employment start dates before October 1, 2008.

The U.S. Citizenship and Immigration Services ("USCIS") today published a final rule immediately eliminating the requirement that certain H and L Visa Holders returning to the U.S. have an Adjustment of Status ("AOS") Receipt Notice to avoid abandonment of their AOS application. This is a welcome simplification of documentation requirements at the port of entry, especially since many AOS Receipt Notices are backlogged from the large volume of filings this summer.

The U.S. Department of State has announced that applications for the 2009 Diversity Visa (DV-2009) Lottery will be accepted between noon (Eastern Time) on October 3, 2007, and noon (Eastern Time) on December 2, 2007. Persons seeking to apply must register electronically during the registration period. The 2009 Diversity Visa Lottery marks the fifth year that electronic registration is required. Paper entries and mail-in requests for Diversity Visa Lottery registration are not accepted.

As October 1st marks the beginning of Fiscal Year 2008, employers should start planning their H-1B petitions for Fiscal Year 2009, which starts on October 1, 2008. April 1, 2008 is the first (and possibly only!) date that employers may request H-1B numbers under Fiscal Year 2009. We recommend that you file your H-1B petition on April 1, 2008 to capture an H-1B number for Fiscal Year 2009. Last year, as many of you remember, the H-1B cap was reached on the first day of filing!

The government will announce shortly that it has reversed its July 2 announcement that the fiscal year 2007 employment-based visa numbers had been used up and that it was going to refuse to accept adjustment of status filings during July.

Backtracking from its earlier announcement, on July 17, 2007, U.S. Citizenship and Immigration Services (USCIS) announced that, beginning immediately, it will accept employment-based applications to adjust status (Form I-485) filed by aliens whose priority dates are current under the July Visa Bulletin No. 107. USCIS will accept applications filed not later than August 17, 2007.

U.S. Citizenship and Immigration Services (USCIS) has announced that it will accept I-485 employment-based applications to adjust status filed not later than August 17, 2007. As previously reported, USCIS had initially announced on July 2 that it would not accept any additional employment-based applications to adjust status for the remainder of the fiscal year.

The U.S. Citizenship and Immigration Services (USCIS) and Department of State (DOS) have just announced that the July 2 update has been withdrawn and the initial July Visa Bulletin is in effect. It will remain valid for 31 days – i.e., all employment-based green card categories (except for the “Other Workers” category) will be “current” and USCIS will accept applications filed not later than August 17, 2007.

The Department of State (DOS) has announced that, effective Monday, July 2, 2007, the full supply of employment-based visa numbers available for FY2007 (ending September 30, 2007) has been depleted. The U.S. Citizenship and Immigration Services (USCIS) has also announced that it will reject Form I-485 Adjustment of Status applications received in July following the DOS announcement.

The Department of State has revised its July 2007 Visa Bulletin to reflect that all employment-based immigrant visas have now been allocated for Fiscal Year 2007. As many of you are aware, the July 2007 Visa Bulletin had initially reflected that immigrant visa numbers were available for employment-based categories other than “Other Workers” through the month of July.

The U .S. Department of State announced on July 2, 2007 that all employment-based visa numbers for FY 2007 had been allocated. Shortly thereafter, the U.S. Citizenship and Immigration Services (USCIS) announced that it would reject applications to adjust status (Form I-485) for aliens whose priority dates are not current under the revised July Visa Bulletin.

After reviewing comments to its 2006 proposed rule, the Department of State has published an interim final rule (hereinafter "the Rule") regarding J-1 trainee programs. There is a 30-day comment period beginning on June 19, 2007 and the Rule will take effect July 19, 2007.

It is still difficult to believe that U.S. employers will not be able to file cap subject H-1B petitions until April 2008 and that without legislative relief there will be no new H-1B visas available until October 2008. Unfortunately, as of April 2, 2007, this is the reality that immigration attorneys and employers face since USCIS announced that it had received enough petitions for fiscal year 2008 to exhaust the 65,000 available H-1B visas. Between now and October 2008, employers should consider other available visa options and strategies to employ those employees who would have qualified for H-1B status but for the cap.

The U.S. Citizenship and Immigration Services (USCIS) has announced that the H-1B Cap for Fiscal Year 2008 has been met for those individuals who have earned an advanced degree (master's degree or higher) from a U.S. institution. There are 20,000 H-1B visas reserved for these advanced degree candidates. The regular H-1B Cap of 60,000 H-1B visas for professionals possessing the minimum of a baccalaureate degree was filled on April 2, 2007, the first date of filing petitions for FY2008. H-1B visas are still available for citizens of Chile and Singapore, and E-3 visas are available for degreed professionals from Australia.

The 20,000 cap for master degree and higher is still open...for now.

H-1B petitions have maxed out: reaching the 65,000 cap for FY 2008 in only one day.

Employers must await the lotter to know whether CIS has accepted their petitions.

The United States Citizenship and Immigration Services has already reached its H-1b cap for FY 2008.

The annual H-1B quota was likely met yesterday.

On April 1, 2007, the H1B quota will open for fiscal year 2008.

On April 1, 2007, the United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa applications for FY 2008, for employment that will begin on October 1, 2007.

It is expected that the H-1B cap of 65,000 new visas for fiscal year 2008 (October 1, 2007, through September 30, 2008) will be reached in record time this year.

U.S. employers may begin fi ling for H-1B visa numbers for professional employees on April 1, 2007 for an October 1, 2007 start date. Due to increasing demand for these visa numbers, we expect all available H-1B visa numbers to be taken within the fi rst few days or weeks of availability, absent congressional action. As many employers know only too well, the 65,000 regular H-1B visas for FY 2007 were taken by May 2006, and the additional 20,000 reserved for U.S. master’s degree holders were gone by July 2006. Consequently, there have been no new H-1B visa numbers available since mid-2006. Employers of graduating students should look closely at the expiration dates for Optional Practical Training and should fi le for H-1B status in April 2007 to ensure there are H-1B visa numbers available for these newest employees as well.

Employers who anticipate needing H-1B visas for FY 2008 should be aware that early filing begins April 1, 2007. Although USCIS will not grant H-1B employment to begin until October 1, 2007 (the first day of FY 2008), it will accept applications up to six months prior to this date.

As we reported in our June 2006 E*Zine, if you are thinking about hiring foreign nationals for professional workers in a specialty occupation, you need to plan far in advance due to the cap. “Specialty occupation” means an occupation which requires theoretical and practical application of a body of highly specialized knowledge to fully perform the occupation, and which requires the attainment of a bachelor’s degree as a minimum requirement to perform the job duties.

On September 29, 2006, the Administrative Review Board (ARB) of the Department of Labor (DOL) promulgated a decision (Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06)(for complete text click here)) that creates administrative prerequisites for ending the salary obligation to H-1B employees whose employment terminates.

On September 29, 2006, the Administrative Review Board (ARB) of the Department of Labor (DOL) promulgated a decision (Amtel Group of Florida v. Yongmahapakorn, 04-087 (ARB 9/29/06)(for complete text click here)) that creates administrative prerequisites for ending the salary obligation to H-1B employees whose employment terminates.

USCIS announced on July 27, 2006 that, as of July 25, it had received 19,577 H-1B petitions for the additional 20,000 cap-exempt H-1B slots for fiscal year 2007 created by the H-1B Visa Reform Act of 2004. This exemption applies to employees with advanced degrees from U.S. academic institutions. It is anticipated that USCIS will announce in the next few days that the cap has been reached.

USCIS announced on July 6, 2006 that, as of June 30, it had received 13,687 H-1B petitions for the additional 20,000 cap-exempt H-1B slots for fiscal year 2007 created by the H-1B Visa Reform Act of 2004 for employees with advanced degrees from U.S. academic institutions. Please note that this figure does not include an additional 500 U.S. Advanced Degree exemption petitions received by USCIS but not yet data-entered. Based on recent history with the general H-1B cap, we anticipate a steady increase in H-1B submissions for the remaining slots until the cap is reached.

In this Littler Global attorney authored article, published in the most recent Industry Week, Jared Leung explains the annual cap to the H1B Visa, and informs employers of the necessities of being proactive if they are looking to expand outside the US. Leung also discusses the proposed provision to the current immigration reform bill, and how it will expand the cap, and Leung also offers tips to help companies manage the current cap.

Be it a special set of skills, particularized knowledge, or a willingness to perform jobs American workers traditionally have not wanted, foreign workers can add a lot of value to your company. Thus, more and more American employers are looking to hire foreign workers to fit their needs.

The United States Citizenship and Immigration Services (USCIS) announced on June 1, 2006 that it has received enough H-1B petitions to meet the H-1B cap for Fiscal Year 2007 (beginning on October 1, 2006). USCIS has determined that the "final receipt date" for H-1B visa petitions is May 26, 2006. Any petitions received on that date will go through a random selection process. USCIS will reject any petitions that are subject to the FY 2007 annual cap and received after May 26, 2006.

In a June 1 press release, USCIS announced that as of Friday, May, 26, 2006, it had received enough petitions to meet the annual H-1B visa cap. In an unprecedented avalanche of filings, it appears that USCIS received more than 15,000 petitions one day after their last official count.

The U.S. Bureau of Citizenship and Immigration Services (USCIS) has just posted a press release concerning the H-1B cap for Fiscal Year 2007 on its Web site. The USCIS will reject any H-1B petitions that were received after Friday, May 26, 2006. Petitions received by the agency on May 26 will be subject to a computer-generated random selection process.

The U. S. Citizenship and Immigration Services (USCIS) has announced that as of May 25, 2006, it had received 49,034 new H-1B visa petitions for fiscal year 2007.

On April 7, 2006, the Department of State (DOS) issued proposed regulations revising the J-1 training program and creating a new intern program that eliminates the distinctions between "specialty occupations" and "non-specialty occupations". DOS has opted to classify training programs by the amount of prior experience an individual has rather than the type of training that an individual seeks to acquire.

The U.S. Citizenship and Immigration Services (USCIS) has announced that as of April 24, 2006, it had received 12,713 new H-1B visa petitions for fiscal year 2007. The total number of new H-1B visas available for fiscal year 2007 is 65,000.

In the past quarter century, the arts and sports world has exploded far beyond the scope of national borders. “Multiculturalism” has become a buzzword in the U.S. almost guaranteed to elicit grant money as we thirstily explore and reinterpret the myriad artistic traditions of others. American artists and athletes routinely perform in countries throughout the world, and in exchange we invite their counterparts here. It is typical in any major U.S. city to have a choice of weekend entertainment as diverse as taking in an Indonesian gamelan concert, a Finnish folk festival, or a Chinese acrobatic display. Foreign sports such as soccer and cricket have grown in popularity and many of our world-class athletes, from professional basketball players to U.S. Olympic coaches, are foreign.

Under U.S. immigration law, a basic rule that applies in nearly all situations, is that artists, entertainers, and athletes cannot come to the U.S. to work in any capacity without special advance work permission.

Time to tee up your H-1B petitions! As you know, current U.S. immigration law permits only 65,000 new regular H-B visas to be issued per calendar year. Last year the government “ran out” of H-1B visas as of August 7, 2005, almost two months before the fiscal year began.

The State Department recently reported that it currently has 20,000 Schedule A visa numbers remaining. Schedule A is a list of pre-certified occupations (that is, occupations for which no labor pre-certification need be filed), which includes registered nurses and physical therapists. The DOS expects this category to remain current through the end of FY-2006; however, the agency predicts a cutoff date will be established during the first quarter of FY-2007. The first quarter of FY 2007 is October 1, 2006 through December 31, 2006. The DOS predictions are based on current demand levels, which are subject to change.

Employers who anticipate needing H-1B visas for FY 2007 should be aware that early filing begins April 1, 2006. Although USCIS will not grant H-1B employment to begin until October 1, 2006 (the first day of FY 2007), it will accept applications up to six months prior to this date.

The Department of Homeland Security’s office of U.S. Citizenship and Immigration Services will no longer accept H-1B applications for fiscal year 2006 on behalf of foreign workers who have advanced degrees from U.S. universities, because it has received enough petitions to meet the annual 20,000 cap on those visas.

The United States Citizenship and Immigration Services (USCIS) announced on January 18, 2006 that it has received enough H-1B petitions that qualify for the exemption from the H-1B numerical limitations for foreign workers with a U.S.-earned master's or higher degree. Under the H-1B Visa Reform Act of 2004, the number of aliens exempted from the H-1B cap on this basis may not exceed 20,000 per fiscal year.

The Department of State announced on September 20, 2005 that registration for the Fiscal Year 2007 Diversity Visa (DV) Lottery for immigrant visas will begin at noon on October 5, 2005. Persons wishing to participate in the DV Lottery should consult the Department of State website to review the list of eligible countries and requirements for participation. Persons seeking to enter the lottery program must register online through the designated Internet website during the registration period. The website for registering for the 2007 DV Lottery, www.dvlottery.state.gov, will be available from noon (Eastern Time) on October 5, 2005 through noon (Eastern Time) on December 4, 2005.

Despite the regular "updates" provided by CIS, it announced unexpectedly on August 12th that it had received more than enough H-1B petitions to reach this year's H-1B cap, meaning there are no more new H-1B available until the start of FY2007, which is October 1, 2006. CIS has imposed the following procedures.

The United States Citizenship and Immigration Services (USCIS) announced today that it has received enough H-1B petitions to meet the H-1B cap of 58,200 for Fiscal Year 2006 (beginning on October 1, 2005). USCIS has determined that the "final receipt date" for H-1B visa petitions is August 10, 2005. Any petitions received on that date will go through a random selection process. USCIS will reject any petitions that are subject to the FY 2006 annual cap and received after August 10, 2005.

The United States Citizenship and Immigration Services (USCIS ) has announced that, as of August 4, 2005, 51,939 of the 58,200 H-1B visas allocated to Fiscal Year 2006 (beginning on October 1, 2005) had been issued or had applications pending.

According to the USCIS, effective July 31, 2005, the H-1B numbers are rapidly dwindling for FY2006. Only 9,160 bachelor's degree H-1B visa numbers remain available for FY06 which begins October 1, 2005. The FY06 cap for bachelor’s degree H-1B visas is 58,200. Approximately 7,000 unused H-1B numbers, originally reserved for citizens of Singapore and Chile under the terms of the U.S.-Chile and U.S.-Singapore Free Trade Agreements, are scheduled for release on the first day of FY06 to the extent that they are unused by those for whom they were set aside.

The USCIS (United States Citizenship and Immigration Service) has just issued a new memorandum regarding certain provisions of AC21 (The American Competitiveness in the Twenty-First Century Act). AC21 provided H-1B extensions beyond six years and portability for H-1B and adjustment of status applicants among other provisions. This new memo provides answers to several questions employers and their foreign national employees have struggled with since AC21 was passed in 2000.

USCIS announced on May 24, 2005 that, as of May 20, it had received 6,393 H-1B petitions for the additional 20,000 cap-exempt H-1B slots for fiscal year 2005 created by the H-1B Visa Reform Act of 2004 for employees with advanced degrees from U.S. academic institutions.

In a surprise move, the USCIS announced on March 8, 2005 that the 20,000 additional H-1B slots created under the FY 2005 Omnibus Appropriations Act, H.R. 481 (December 8, 2004) will NOT be limited to individuals holding a master's or higher degree from a U.S. university.

To increase the effectiveness of the H-2B program and facilitate its use by U.S. employers, the Department of Homeland Security and the Department of Labor simultaneously have published proposed rules significantly changing the procedures for the issuance of H-2B nonimmigrant visas.

U.S. Citizenship and Immigration Services announced on January 4, 2005 that it had received enough H-2B visa petitions to meet this fiscal year's congressionally mandated allocation of 66,000 visas for new one-time need or seasonal workers.

Among the many provisions of the FY 2005 Omnibus Appropriations Act are an increase of the annual H-1B visa cap, a limitation on the placement of L-1B visa holders at third-party worksites, a new H-1B visa fee, and a new "fraud prevention fee" for H-1B and L-1 visas.

Among the many provisions of the Fiscal 2005 Omnibus Appropriations bill, H.R. 4818, Congress included provisions increasing the annual allocation of H-1B visas by 20,000 and limiting the placement of L-1B visa holders at third-party worksites.

Legislation expected to be signed shortly by the President will extend the waiver of the two-year home-country residency requirement for foreign medical residents on J-1 visas, as well as relax certain immigration requirements for eligible medical residents.

U.S. Department of State has announced that applications for the 2006 Diversity Visa (DV2006) Lottery will be accepted between November 5, 2004 and January 7, 2005.

United States Citizenship and Immigration Services announced late on Friday, October 1, 2004, that it had received sufficient H-1B visa petitions to exhaust the H-1B visa quota for Fiscal Year 2005, which stretches from October 1, 2004 to September 30, 2005.

The USCIS has announced that as of August 18, 2004, there are 45,900 new H-1B visa petitions in queue. The total number of new H-1B visas available for FY 2005 is 65,000.

On June 18, 2004, the Department of Homeland Security sent to the Office of Management and Budget (OMB) a draft notice which would enable student visa holders awaiting change of status to H-1B to be regarded as maintaining nonimmigrant status until new H-1B numbers are available in October.

The U. S. Department of State (DOS) recently confirmed that the Visa Revalidation Program likely will be eliminated by the end of 2004. However, effective October 2004, all visas issued by the DOS must include a biometric identifier.

Due to increased interest in the H-2B program and in an effort to minimize confusion, the U.S. Labor Department has published a notice May 13, 2004 in the Federal Register which provides guidance to employers on the application procedures for the processing of H-2B applications for FY 2005.

The United States Department of State has announced it is ending its program for visa revalidation for temporary nonimmigrants as of July 16, 2004.

U.S. Citizenship and Immigration Services ("USCIS") announced on February 17, 2004 that it had received enough petitions for new H-1B visas to use up the fiscal year 2004 allocation of 65,000 H-1B visas.

The U.S. Department of State has sent diplomatic notes to 26 of the 27 Visa Waiver countries indicating that it is willing to consider requests to postpone the effective date of the machine readable passport requirement from October 1, 2003 until October 26, 2004.

After March 17, 2003, all Canadian Landed Immigrants (with some exceptions) will be required to present a passport and visa in order to enter the United States. The US Embassy in Canada will handle visa applications for Canadian Landed Immigrants wishing to enter the United States.

The mail-in period for the next Diversity Visa lottery (DV-2004) will be held between noon on October 7, 2002 and noon on November 6, 2002.