Total Articles: 99
H-2A Workers: IRS Advises on W-2/1099 Reporting and Mandates Backup Withholding When SSN is Missing
With 2011 W-2s due right about now, the IRS is committing manpower and enforcement on compliance relating to 2011 compensation that a grower paid to its foreign agricultural workers admitted into the US on H-2A visas. See most recent IRS guidance.
Cap-Subject H-1B Petitions for FY 2013 May Be Filed on March 30, 2012
The filing period for “new” H-1B petitions to be counted against the annual H-1B quota (the “H-1B cap”) for FY 2013 begins on Friday, March 30, 2012. U.S. Citizenship and Immigration Services (USCIS) will accept cap-subject H-1B petitions for FY 2013 on Monday, April 2, 2012 for employment with a start date of October 1, 2012 or later.
H-1B Cap Reached
The U.S. Citizenship and Immigration Services (USCIS) announced on November 22, 2011 that it had received enough H-1B cap-subject petitions to reach the annual 65,000 "regular cap" limit and that it would reject petitions filed thereafter. USCIS exhausted the 20,000 H-1Bs reserved for foreign nationals with U.S.-earned advanced degrees on October 19. The H-1B1 category is still available for nationals of Chile and Singapore and the numerical limit on the E-3 specialty occupation category for citizens of the Commonwealth of Australia has not yet been depleted.
H-1B Worker Must Pay Employer Damages for Quitting Employment Early, Administrative Judge Rules
What remedy does an employer have when an H-1B employee terminates his or her employment before the agreed upon date for the conclusion of employment? Deciding in favor of the employer, a U.S. Department of Labor Administrative Law Judge (ALJ), in In The Matter of Administrator, Wage and Hour Div. v. Greater Missouri Med. Pro-Care Providers Inc., concluded that an appropriate provision in the employment agreement would entitle the employer to liquidated damages from the worker. No. 2008-LCA-26 (Oct. 18, 2011).
House Clears Bill Eliminating Per-Country Employment Visa Caps
On November 29 the House of Representatives voted overwhelmingly in favor of passing the Fairness for High-Skilled Immigrants Act (H.R. 3012), bipartisan legislation that would abolish the per-country numerical limits on employment-based immigrant visas.
H-1B Cap Reached for Fiscal Year 2012
The numerical limitation, or H1B cap, for fiscal year (FY) 2012 was reached on November 22, 2011.
H-1B Cap Reached for Fiscal Year 2012
The U.S. Citizenship and Immigration Services (USCIS) has announced that as of November 22, 2011, it has received a sufficient number of H-1B non-immigration visa petitions for Fiscal Year 2012 to meet the H-1B regular annual cap of 65,000.
H-1B Cap Closing In...
As of October 21, 2011, there have been 46,200 regular H-1B cap-subject petitions filed toward the 65,000 available for fiscal year 2012. We have received reports that the number of new H-1B filings have substantially increased over the last few weeks. In that the H-1B masters exemption of 20,000 petitions has been reached, it may result in an even higher number of petitions being filed in the coming weeks. If petitions continue to be filed at the current rate, we expect that the H-1B quota will be reached in about six weeks.
USCIS Releases FY 2012 H-1B Visa Petition Numbers Updated as of October 7, 2011
United States Citizenship and Immigration Services (USCIS) released updated H-1B visa petition numbers for Fiscal Year (FY) 2012, as of October 7, 2011.
Get A Passing Grade When Employing H-1B Teachers
Employers of foreign teachers learned some hard lessons this year about following the rules for H-1B visa holders. In March, the U.S. Department of Labor Wage and Hour Division (WHD) assessed over $1.7 million in civil money penalties and ordered the payment of over $4.2 million in back wages against Maryland's Prince George's County Public Schools system for illegally reducing the wages of 1,044 foreign H-1B teachers when it required the teachers to pay H-1B filing fees.
Report Tracks Prevalence of Unauthorized Work by H-1B Visa Holders
Under the H-1B visa program, an employer may employ foreign workers in occupations requiring theoretical or technical expertise in a specialized field. An H-1B visa holder is issued a Social Security number (SSN) but is only authorized to work for his or her sponsoring employer.
Office of Foreign Labor Certification FAQ on Prevailing Wage Determinations Sends Mixed Message
The U.S. Department of Labor’s (DOL) Office of Foreign Labor Certification (OFLC) has released Frequently Asked Questions Regarding Delays Issuing Prevailing Wage Determinations and H-1B Labor Condition Applications (pdf). OFLC’s current priority is to complete H-2B wage redeterminations, but it also notes that it receives voluminous requests for prevailing wage determinations (PWD) in connection with H-1B petitions.
Prevailing Wage Determination Delays at the Department of Labor
The U.S Department of Labor Office of Foreign Labor Certification (OFLC) National Prevailing Wage Center (NPWC) has ceased issuing prevailing wage determinations (PWDs) for H-1B and PERM applications until further notice. The NPWC also has ceased reviewing requests for reconsideration or appeals of PWDs to the Center Director. The NPWC has put all determinations on hold in order to comply with a June 15, 2011 court order stemming from a U.S. District Court decision regarding H-2B wage determinations.
DOL Issues Proposed Rulemaking to Revise H-2B Program
On March 18, 2011, the U.S. Department of Labor’s (DOL) Employment and Training Administration and its Wage and Hour Division published a proposed rule that seeks to change several aspects of the H-2B program. The proposed rule is designed to ensure U.S. workers receive the same level of protections and benefits as temporary foreign workers recruited under the H-2B program and provide better access to U.S. workers for employers with legitimate temporary labor needs. “As our economy continues to recover, it is important for U.S. workers to receive access to all jobs, and that the H-2B program is used as it was intended,” said Secretary of Labor Hilda L. Solis. “At the same time, workers employed through the H-2B program must be treated fairly.”
H-1B Employers Must Toe-The-Line
The U.S. Labor Department continues to target non-compliance by employers using the H-1B program to employ foreign nationals to work in the U.S. in professional or specialty jobs. Recent DOL audits have resulted in substantial assessments of back-wages and penalties.
Bad "VIBES" – New validation tool will give employers of foreign nationals the "willies".
Employers who hire foreign nationals are about to face new challenges in obtaining work-related visas. The United States Citizenship and Immigration Service (USCIS) is moving a test project into the real world. So, the already enforcement-rich environment is getting richer. It’s called VIBE and business leaders need additional preparation when looking to add the expertise foreign nationals can provide.
Certain B-1 Visa Holders Can Obtain TWIC for Port Access
Certain B-1 visa holders can now obtain Transportation Worker Identification Cards (TWIC) for unescorted access to secure ports, under an announcement recently made by the U.S. Department of Homeland Security's Transportation Security Administration (TSA) and the Department of State (DOS). The person must have an actual visa (i.e., not only visa waiver), and the visa must bear a special annotation reflecting that the person has shown an employer's need for port access.
H-1B Cap Reached for FY 2011
On January 27, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it had received a sufficient number of H-1B petitions to reach the congressionally mandated cap for FY 2011. USCIS determined that January 26, 2011 is the "final receipt date" for new H-1B worker petitions requesting employment start dates before October 1, 2011. Petitions for extensions of stay or change of employer for workers who are currently in H-1B status do not count towards the H-1B cap and USCIS will continue to accept petitions for individuals in those categories.
USCIS Announces FY 2011 H-1B Cap Reached
The U.S. Citizenship and Immigration Services (USCIS) has announced that as of January 26, 2011, it has received enough H-1B non-immigrant visa petitions to meet the H-1B regular cap, and all of the 20,000 visa petitions needed to meet the U.S. master’s degree cap for Fiscal Year 2011 (beginning October 1, 2010).
H-1B Cap Reached with 8 Months To Go
USCIS has announced that it has received enough capped H-1B filings to use up the annual cap for fiscal year 2011. Employers and workers must wait until April 1 to file petitions for new H-1B workers to start October 1, 2012.
USCIS Releases Updated Information on Filed H-1B Petitions
As of January 14, 2011, U.S. Citizenship and Immigration Services (USCIS) has received only 60,700 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and all of the 20,000 visa petitions needed to meet the U.S. masters degree cap, according to updated information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2011 (beginning October 1, 2010).
USDOL Targeting H-1B Pay/Benefits Compliance.
The US Labor Department is aggressively investigating compliance with the wage-rate and benefits commitments employers must make in an H-1B Labor Condition Application (LCA). These investigations are usually triggered when an H-1B employee complains that the employer failed to pay the LCA wage.
USCIS Releases Updated Information on Filed H-1B Petitions.
As of December 10, 2010, U.S. Citizenship and Immigration Services (USCIS) has received 52,400 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and 19,100 of the 20,000 visa petitions needed to meet the U.S. masters degree cap, according to updated information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2011 (beginning October 1, 2010).
USCIS Releases Updated Information on Filed H-1B Petitions
As of November 5, 2010, U.S. Citizenship and Immigration Services (USCIS) has received only 46,800 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and just 17,200 of the 20,000 visa petitions needed to meet the U.S. masters degree cap, according to updated information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2011 (beginning October 1, 2010).
Federal Appeals Court Rules Employers Need Not Reimburse H-2B Workers' Immigration-Related Expenses
The full federal appeals court in New Orleans has ruled, in an 8-6 decision, that the Fair Labor Standards Act (FLSA) does not require employers to reimburse H-2B workers for their employment-related visa, travel, and recruitment expenses. Castellanos-Contreras v. Decatur Hotels LLC, No. 07-30942 (5th Cir. Oct. 1, 2010). In doing so, the Court rejected the position advocated by the U.S. Department of Labor (DOL) and declined to give retroactive effect to recent amendments to the H-2B regulations. The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs.
USCIS Releases Updated Information on Filed H-1B Petitions
As of October 15, 2010, U.S. Citizenship and Immigration Services (USCIS) has received only 42,800 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and just 15,700 of the 20,000 visa petitions needed to meet the U.S. masters degree cap, according to updated information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2011 (beginning October 1, 2010).
Registration Dates for 2012 Diversity Immigrant Visa Lottery (DV-2012) Announced
The U.S. Department of State has announced that applications for the 2012 Diversity Visa (DV-2012) Lottery will be accepted between Noon EST, October 5, 2010, and Noon EST, November 3, 2010. The Diversity Immigrant Visa Lottery is administered on an annual basis by the Department of State and provides up to 55,000 Diversity Visas each fiscal year to be made available to persons from countries with low rates of immigration to the United States. Fifty thousand Diversity Visas will be available for fiscal year 2012.
USCIS Releases Updated Information on Filed H-1B Petitions
As of September 17, 2010, U.S. Citizenship and Immigration Services (USCIS) has received only 38,300 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and just 14,000 of the 20,000 visa petitions needed to meet the U.S. masters degree cap, according to updated information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2011 (beginning October 1, 2010).
H-1B Labor Condition Application Violations Could Cost Your Company Millions
Nothing weighs down an employer more than an investigation by the Wage and Hour Division of the U.S. Department of Labor. Just ask the following information technology companies who failed to properly pay their H-1B workers and ended up paying a lot more in back pay and penalties:
USCIS Increases Filing Fees for H-1B and L-1 Applications.
On August 13, 2010, President Obama signed into law H.R. 6080 known as the Emergency Supplemental Appropriation for Border Security Act.
2010 H-1Bs Gone: Time To Plan For 2011.
United States Citizenship and Immigration Services (USCIS) announced that the 65,000 H-1B cap for the 2010 fiscal year (FY 2010) was reached on December 21 of last year. The annual limit for new H-1Bs is 65,000 (less up to 6,800 set aside for citizens/nationals of Chile or Singapore, plus any of the unused 6,800 from the prior fiscal year). An additional 20,000 H-1Bs are available to individuals who possess a Master's or higher degree from a U.S. academic institution (the "Master's cap"). For FY 2010, the 20,000 Master's cap was reached as of September 25, 2009. "New" H-1Bs are thus unavailable until the start of FY 2011 on October 1, 2010.
Time to File H-1B Visa Petitions!
On April 1, 2010, the United States Citizenship and Immigration Services (USCIS) will begin accepting
new H-1B visa applications for employment that will begin on October 1, 2010. The H-1B visa is a popular
choice for companies planning to hire a foreign worker to fi ll a professional or specialty occupation
position requiring a minimum of a bachelors degree or the equivalent.
Get Ready to File Your H-1B Visa Petitions on April 1, 2010.
On April 1, 2010, the United States Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa applications for employment that will begin on October 1, 2010. The H-1B visa is a popular choice for companies who want to hire a foreign worker to fill a "professional" or "specialty occupation" position requiring a minimum of a bachelor's degree or the equivalent.
Act Now to Begin the Application Process for H-1B Visas for FY 2011.
Employers who anticipate needing H-1B visas for FY 2011 should be aware that early filing begins April 1, 2010. Although USCIS will not grant H-1B employment to begin until October 1, 2010 (the first day of FY 2011), it will accept applications up to six months prior to this date.
The Feds Are In The Lobby: And They Want To Review Your H-1B Records/
The number of H-1B audits will continue to rise in 2010, so H-1B employers should be prepared for unannounced site visits from U.S. Citizenship and Immigration Services (USCIS) to confirm the information submitted in H-1B filings. The USCIS Office of Fraud Detection and National Security (FDNS) has recently commenced an audit of the H-1B program.
Immigration Costs and Fees for H-2A Agricultural H-2B Non-Agricultural Workers: Who is Responsible? (pdf)
Immigration Costs and Fees for H-2A Agricultural H-2B Non-Agricultural Workers: Who is Responsible?
H-1B Cap Rapidly Approaching -- File Immediately!
United States Citizenship and Immigration Services (USCIS) announced that 58,900 H-1B petitions have been filed toward the 2010 Fiscal Year (FY 2010) cap of 65,000 as of November 27, 2009. Employers are urged to act quickly to file H-1B petitions for any individuals subject to the H-1B cap, such as: F-1/J-1 employees (especially those whose employment authorization will expire before September 30, 2010); prospective employees currently outside of the Unites States; and employees currently working in another time-limited visa classification (such as L-1B or TN).
H-1B Cap Approaching: Hurry to File!
After months of virtually no movement in the number of H-1B cap cases received by United States Citizenship and Immigration Services (USCIS), the number of cases filed toward the 2010 Fiscal Year (FY 2010) cap of 65,000 surged to 55,600 as of November 13, 2009. Thus, there is a new urgency for employers to quickly file H-1B petitions for any individuals subject to the H-1B cap, including: F-1/J-1 employees (especially those whose employment authorization will expire before September 30, 2010); prospective employees currently outside of the Unites States; and employees currently working in another time-limited visa classification (such as L-1B or TN).
Green Card Lottery Deadline is November 30.
The registration period for the annual immigrant visa (green card) lottery will close on November 30. Approximately 50,000 immigrant visas are available pursuant to the Diversity Lottery. Persons born in countries that have sent a large number of immigrants to the United States within the past five years are ineligible. This includes persons born in Canada, mainland China, Mexico, the Philippines and the United Kingdom. Applicants also must possess a high school education or equivalent OR possess two years of recent experience in an occupation that requires two years of training or experience to perform.
USCIS Commences H-1B Audit Program.
The U.S. Citizenship and Immigration Service (USCIS) Office of Fraud Detection and National Security (FDNS) has initiated an H-1B audit program to assess employer compliance with H-1B requirements. FDNS will make unannounced Administrative Site Visits to H-1B employers and their clients, whereby the investigator will collect information regarding the legitimacy of an employer's business and the accuracy of the representations made in filed H-1B petitions. The purpose of this audit program and the associated site visits is to detect, deter, and combat immigration benefit fraud. USCIS has already sent tens of thousands of cases to FDNS, so it is important for H-1B employers to know what to expect and how to respond if FDNS comes knocking.
H-1B and H-2B Cap Updates.
The economy has clearly impacted the H-1B cap. Cap-subject H-1B petitions have trickled in to U.S. Citizenship and Immigration Services (USCIS) since the 2010 fiscal year filing period opened in early April. There has been virtually no movement in H-1B numbers since the initial April 1-7 filing period, with new filings apparently being offset by employer revocations and USCIS petition denials. The most recent report from USCIS indicated that approximately 45,000 petitions had been received toward the 65,000 H-1B cap and 20,000 have been received toward the advanced degree cap exempt cases. USCIS posts periodic updates to its website and Ogletree Deakins will continue to monitor and report on H-1B cap figures.
H-1B Employers Get a Visit from USCIS.
United States Citizenship and Immigration Services (USCIS) has begun a widespread initiative to visit H-1B petitioner/employer worksites. Using funds collected from the $500 H-1B fraud fee, USCIS hired outside contractors to conduct these site visits. Reports indicate that USCIS will be making thousands of such visits in 28 cities over the coming weeks.
First Year for VETS-100A Filings - Deadline Approaching.
As Constangy reported in June 2008, the Veteran's Employment and Training Service adopted the VETS-100A Report for certain federal contractors and subcontractors. Contractors with government contracts entered into or modified on or after December 1, 2003, worth $100,000 or more are required to file the VETS-100A by September 30, 2009. The VETS-100 Report must still be filed by contractors with contracts entered into before December 1, 2003, valued at $25,000 or more. If contractors have contracts that fall within both categories, then they must file both the VETS-100 and the VETS-100A.
USCIS Still Accepting H-1B Cases Subject to the H-1B Cap.
On June 30, 2009, U.S. Citizenship and Immigration Services (USCIS) provided an update stating that it continues to accept H-1B petitions subject to the Fiscal Year 2010 H-1B Cap.
H-1B Updates Cap Status and iCERT Delays Possible.
A depressed job market seems to be keeping the H-1B cap from being reached. Very few cap-subject H-1B petitions have been filed since the initial April 1-7 filing period for the 2010 H-1B cap. In fact, the most recent report from United States Citizenship and Immigration Services (USCIS) indicated that 44,400 petitions had been received toward the 65,000 H-1B cap as of June 12 this is fewer than the number that had been received as of mid-May, when USCIS reported that 45,000 petitions had been received. Once again, the current pace of H-1B filings suggests that employers will have the opportunity to file cap-subject H-1Bs for several more months. USCIS posts periodic updates to its website and Ogletree Deakins will continue to monitor and report on H-1B cap figures.
Getting Compliant in a Brave New World: The New H-2B Guest Worker Regulations (pdf).
Getting Compliant in a Brave New World: The New H-2B Guest Worker Regulations.
Still Plenty of H-1Bs Available.
Consistent with the weak job market, very few cap-subject H-1B petitions have been filed since the initial April 1-April 7 filing period for the 2010 H-1B cap. As of May 11, United States Citizenship and Immigration Services (USCIS) reports that 45,000 petitions have been received toward the 65,000 H-1B cap.
iCERT and Expected H-1B Delays Postponed to June 30.
The U.S. Department of Labor (DOL) announced on May 14 that it will keep the old Labor Condition Application (LCA) system available through June 30.
H-1B Processing Delays Likely Due to iCERT.
Beginning on May 15, 2009, all employer sponsors must use the Department of Labors (DOL) new iCERT system to file Labor Condition Applications (LCA) before submitting an H-1B, E-3, or H-1B1 petition. The DOL anticipates that LCA applications filed at the iCERT portal could take as long as seven business days to adjudicate. Employer sponsors should therefore expect delays in the preparation of H-1B, E-3, and H-1B1 petitions and a corresponding delay in the start date for new H-1B, E-3, or H-1B1 hires. The most critical impact will be felt with respect to H-1B portable change-of-employer situations as the LCA delay will prevent immediate filing of the H-1B petition and thus the new H-1B employees start date. Timing issues may also arise with respect to scheduling visa appointments for consular-processed E-3 and H-1B1 visa applications. Delays will also affect employers hurrying to file H-1B petitions subject to the 2010 cap, as the number of available H-1B slots dwindles to less than 18,000. The new system may also delay the filing of extensions for employees in these visa categories.
Court Halts Texas Driver License Policy.
On April 9, a Texas court issued a temporary injunction blocking the Texas Department of Public Safety (DPS) from enforcing rules that limit the issuance of driver licenses to temporary visitors and non-citizens (such as H-1B workers). However, the rules will remain in effect while an appeal filed by DPS is considered.
Reminder: H-1B Petitions May Still Be Available for Fiscal Year 2010.
Reminder: H-1B Petitions May Still Be Available for Fiscal Year 2010.
H-1B Cap Not Reached During Initial Filing Period.
U.S. Citizenship and Immigration Services (USCIS) has announced that it will continue accepting H-1B visa petitions subject to the fiscal year 2010 (FY 2010) cap. Unlike last year, the cap was not reached during the initial filing period from April 1 to April 7. Last year, approximately 163,000 petitions were received during the initial filing period, including more than 31,000 filed under the advanced degree (Masters cap) category. As of April 9, USCIS has received approximately 42,000 H-1B petitions counting toward the 65,000 FY 2010 cap and has announced that it has received nearly all cases it will accept under the 20,000 FY 2010 Masters cap.
H-1B Visas Still Available for FY2010.
The U.S. Citizenship and Immigration Services (USCIS) announced on April 9, 2009 that it continues to accept H-1B cap subject petitions for FY2010 (October 1, 2009 to September 30, 2010) and will continue to do so until it determines that it has received sufficient petitions to reach the cap.
USCIS Updates: Premium Processing for I-140s, FBI Clearances and P-1 Athletes.
United States Citizenship and Immigration Services (USCIS) has recently provided some good news on a few different fronts, though the benefits of these items accrue to relatively narrow classes of immigration applicants.
Final Call for H-1B Petitions; TARP Recipients Restricted.
Employers need to act urgently to identify any individuals they wish to sponsor for H-1B status. The filing period for new H-1B petitions to be counted against the annual H-1B quota (the H-1B cap) begins on April 1, 2009. Persons currently employed as F-1 students or J-1 trainees and persons outside of the United States commonly require new, cap-subject H-1Bs. April 1 is the initial filing date for petitions seeking H-1B status with an effective date of October 1, 2009. Cases actually need to be mailed on March 31 to secure receipt by U.S. Citizenship and Immigration Services (USCIS) on April 1.
Layoffs, Furloughs, or Pay Reduction? H-1B Employers Beware.
The economic crisis has employers considering unprecedented measures to cut expenses and reshape workforces to ensure maximum efficiency. H-1B employers need to be mindful of special considerations impacting them in the case of a layoff, furlough, pay reduction or other material change in the H-1B workers terms of employment.
H-1B Filing Period Approaching.
The filing period for new H-1B petitions to be counted against the annual H-1B quota (the H-1B cap) begins on April 1, 2009. Persons currently employed as F-1 students or J-1 trainees and persons outside of the United States commonly require new, cap-subject H-1Bs. April 1 is the initial filing date for petitions seeking H-1B status with an effective date of October 1, 2009. (Cases actually need to be mailed on March 31 to ensure receipt by USCIS on April 1.)
H-1B Hiring Limited for TARP Recipients.
The American Recovery and Investment Act of 2009 (also referred to as the stimulus bill) signed by President Barack Obama on February 17 contains a provision requiring recipients of TARP funds or Federal Reserve loans to comply with requirements normally placed on H-1B dependent employers. Generally, an H-1B dependent employer is one with 15 percent or more of its total workforce comprised of H-1B workers. Such dependent employers must make additional attestations in hiring H-1B workers, including:
Reminder: H-1B Petitions May Be Filed on April 1, 2009 for the Next Fiscal Year (pdf).
Employersplease note that
all petitions for new H-1B visas
should be fi led with DHS on
APRIL 1, 2009 to ensure that
they have a chance of being
adjudicated. Please identify
any employees or prospective
employees requiring H-1B
status for the upcoming fi scal
year as soon as possible.
It's Time Again for Reviewing Your H-1B Needs.
In recent years, the H-1B cap has been reached in record time. Last year, the cap was reached on April 1, 2008, the first
day that U.S. Citizenship and Immigration Services (USCIS) accepted applications for each fiscal year. Indeed, of the
petitions received on that date, USCIS randomly selected those that would be processed. We have no reason to believe
that this year will be any different.
Deadline for New H-1B Visa Applications Approaching.
On April 1, 2009, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B visa applications for employment starting on and after October 1, 2009.
Visa Waiver Program Travelers Must Have ESTA Approval.
Travelers from Visa Waiver Program (VWP) countries should be aware that they are now required to obtain approval through the Electronic System for Travel Authorization (ESTA) before traveling to the United States. This requirement became effective on January 12, 2009 and applies to all eligible citizens or nationals traveling under the VWP.
New H-1B Petitions May Be Filed on March 31, 2009.
The filing period for new H-1B petitions to be counted against the annual H-1B quota (the H-1B cap) begins on Tuesday, March 31, 2009. Thus, employers are encouraged to begin identifying current and future employees who will need H-1B visa status to be legally employed. Persons currently employed as F-1 students or J-1 trainees and persons outside of the United States commonly require new, cap-subject H-1Bs. March 31 is the initial filing date for petitions seeking H-1B status with an effective date of October 1, 2009.
U.S. Lawful Permanent Residents Now Subject to US-VISIT (pdf).
As of January 18, 2009, all lawful permanent residents of the United States will be subject to the
biometric requirements of the US-VISIT program.
International Travelers Must Register with ESTA Prior to Travel to the U.S. (pdf).
Many business visitors from non-U.S. countries travel to the United States pursuant to the Visa
Waiver Program (VWP) to attend meetings and conferences or for vacation purposes. Travelers
from VWP countries* are permitted to travel to the U.S. for up to 90 days without fi rst obtaining a
visitors visa.
H-1B Petitions May Be Filed on April 1, 2009 for the Next Fiscal Year (pdf).
Employersplease note that all petitions for new H-1B visas should be fi led with DHS on April 1,
2009 to ensure that they have a chance of being adjudicated. Please identify any employees or
prospective employees requiring H-1B status for the upcoming fi scal year as soon as possible.
Visa Waiver Program Expansion Update.
The Visa Waiver Program (VWP) was expanded on November 17, 2008 to add nationals of the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Slovakia and South Korea. According to the Department of Homeland Security press release, nationals of those countries can now travel to the United States for business or tourism for a period of 90 days without the need for a visitor visa provided they hold an e-Passport and have completed their registration for the Electronic System for Travel Authorization (ESTA) program.
H-2B Cap Reached.
U.S. Citizenship and Immigration Services (USCIS) announced that July 29 would be the final receipt date for H-2B petitions filed requesting a start date between October 1, 2008 and March 31, 2009, the first half of Fiscal Year 2009 (FY2009).
H-2B News: Cap Count and Proposed Regulations.
U.S. Citizenship and Immigration Services (USCIS) updated its cap count for H-2B petitions on July 17 to show that 23,589 of the target 40,000 beneficiaries for the first half of Fiscal Year 2009 had been approved or requested. The H-2B visa category allows U.S. employers in an industry with a seasonal, peakload or intermittent need (or any employer with a one-time need) to augment their regular workforce with temporary workers. The H-2B process includes a temporary labor certification, a process whereby the employer must recruit for U.S. workers and, if unsuccessful in locating qualified U.S. workers, can then sponsor foreign national beneficiaries for H-2B status. H-2Bs are commonly used in construction, manufacturing, food service and resort/hospitality industries.
Voluntary ESTA Registration For Visa Waiver Travel Starts August 1.
On August 1, 2008, the Department of Homeland Security (DHS) will begin accepting voluntary registrations for the Electronic System for Travel Authorization (ESTA) program. ESTA is an automated system used to verify the eligibility of visitors to travel to the United States under the Visa Waiver Program (VWP). (The program allows citizens and nationals of selected countries, including Australia, Japan, Singapore and most Western European countries, to travel to the United States for business or tourism for a period of up to 90 days without the need for a visa.) ESTA registration is expected to become mandatory for VWP travelers in January 2009. At that time, all VWP travelers will be required to obtain an ESTA approval prior to boarding a carrier to travel by air or sea (land ports from Canada and Mexico are exempt).
TN Validity Period to Increase from One to Three Years.
On May 5, USCIS announced its intention to increase the period of admission of Trade NAFTA (TN) professional workers from one to three years.
Green Card Processing Updates - Visa Bulletin, Two-Year EADs and Premium Processing for Sixth-Year H-1Bs.
Several recent developments may impact green card processing for numerous applicants.
Cap Reached For 2009 H-1B Allocation.
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.
PIMS Causes Visa Processing Delays.
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.
Employer Immigration Alert - H-1B Visas (pdf).
Employersplease 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.
H-1B Cap Reached.
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.
F-1 Student Visa Optional Practical Training Cap-Gap/STEM Extension Rule Announced by Department of Homeland Security.
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.
Employer Immigration Alert - H-1B Visas.
Employersplease 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.
New Rule Prohibits Filing Multiple H1-B Petitions on Behalf of a Single Employee.
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/.
New H-1Bs may be filed on Monday, March 31, 2008 - Cap likely to be hit one day (pdf).
Employers may begin filing "new" H-1B petitions on Monday, March 31.
Act Now to Begin the Application Process for H-1B Visas for FY 2009.
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.
H-2B Cap Reached for Second Half of FY 2008.
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.
H-1B Filings for October 1, 2008 Already? Fiscal Year 2009? Time to Think a Whole Year Ahead!
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!
DOS and USCIS Reverse Decision - All Employment Based Numbers Are Current.
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.
Visa Alert - Retrogression Effective July 2, 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.
Alternative Visa Options and Strategies For The Capped-Out H-1B Employee.
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.
Immigration Alert - H-1B Cap Met.
Employers must await the lotter to know whether CIS has accepted their petitions.
New H-1Bs May Be Filed On Friday, March 30, 2007 - Cap May Be Hit In One Day.
The annual H-1B quota was likely met yesterday.
New Opportunity To Apply For H-1B Visas Fast Approaching (pdf).
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.
Temporary Workers Alert: Time to File H-1B Petitions for FY 2008! (pdf).
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. masters 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.
Act Now to Begin the Application Process for H-1B Visas for FY 2008.
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.
'Tis The Season For Reviewing Your H-1B Needs (pdf).
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 bachelors degree as a minimum
requirement to perform the job duties.
The Cap Runneth Over -- 2007 Quota On H-1Bs Surpassed (pdf).
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.
Navigating Difficult Waters: Immigration Laws As They Relate to Foreign Artists, Entertainers and Athletes.
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.
Immigration Issues for Artists, Entertainers and Athletes.
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 File H-1B Petitions (pdf).
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.
Employers Should Act Now to Obtain Schedule A Immigrant Visas for RNs and Physical Therapists.
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.
Legal Alert: Act Now to Begin the Application Process for H-1B Visas for FY 2007.
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.
Debate over Scarcity and Skills of IT Workers.
Software coder Soujanya Dasigi has a hard time believing the latest report on the technology job market from the Information Technology Association of America (ITAA).
