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Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - November 19, 2009 On November 17, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of November 13, 2009, it has received 55,600 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and that it has approved all 20,000 visa petitions needed to meet the U.S. master’s degree cap. If USCIS receives any new H-1B petitions filed under the U.S. master’s degree cap, those petitions will now count towards the regular H-1B cap of 65,000. USCIS will continue to accept new H-1B visa petitions filed under both the regular and U.S. master’s degree caps and monitor the number of petitions received, since not all petitions can be approved. Report Link H-1B and L-1 Employers Should Prepare For Surprise Visit from USCIS.Buchanan Ingersoll & Rooney PC - November 12, 2009 Employers with foreign national employees working under H-1B and L-1 nonimmigrant visas should be prepared to receive an unannounced visit in the coming months from the U.S. Citizenship and Immigration Services' (USCIS) Office of Fraud Detection and National Security and Records Verification (FDNS). Over the summer, USCIS had announced it would begin using contract inspectors to perform thousands of "random," on-site inspections of H-1B and L-1 employers to identify fraudulently filed H-1B and L-1 petitions. The fraud detection program is funded through the mandatory $500 "anti-fraud" fee paid by employers to USCIS when sponsoring an H-1B or L-1 employee. The purpose behind the visit is to verify that the petitioning employer is a legitimate, operating business and that the H-1B or L-1 employee is an actual employee working at the job location in the position indicated on the underlying visa petition. Report Link USCIS Plans Surge in H-1B Worksite Inspections.Jackson Lewis LLP - November 12, 2009 The U.S Citizenship and Immigration Service (USCIS) has commenced an investigation initiative to increase dramatically the number of worksite inspections of the employment of H-1B foreign workers. H-1B visas are commonly obtained by U.S. companies in order to employ skilled foreign workers in specialty occupations. The on-site inspections will focus on employers’ compliance with the employment terms of their foreign workers’ immigration petitions. Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - November 11, 2009 On November 3, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of October 30, 2009, it has received 53,800 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, and that it has approved all 20,000 visa petitions needed to meet the U.S. master’s degree cap. If USCIS receives any new H-1B petitions filed under the U.S. master’s degree cap, those petitions will now count towards the regular H-1B cap of 65,000. USCIS will continue to accept new H-1B visa petitions filed under both the regular and U.S. master’s degree caps and monitor the number of petitions received, since not all petitions can be approved. Report Link USCIS Commences H-1B Audit Program.Ford & Harrison LLP - November 06, 2009 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. Report Link Dates for 2011 Diversity Immigrant Visa Lottery (DV-2011) Announced.Jackson Lewis LLP - October 07, 2009 The U.S. Department of State has announced that applications for the 2011 Diversity Visa (DV-2011) Lottery will be accepted between Noon EST, October 2, 2009 and Noon EST, November 30, 2009. 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. Persons seeking to apply must register electronically during the registration period. The 2011 Diversity Visa Lottery marks the seventh year that electronic registration is required. Paper entries and mail-in requests for Diversity Visa Lottery registration are not accepted. Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - September 28, 2009 On September 24, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of September 18, 2009, it has received only 46,000 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, but almost all of the visa petitions needed to meet the U.S. master’s degree cap of 20,000. USCIS will continue to accept new H-1B visa petitions and monitor the number of petitions received, since not all petitions can be approved. Once the relevant H-1B cap has been met, USCIS will issue an update and announce the final receipt date. H-1B petitions will no longer be accepted after the final receipt date. USCIS will hold a lottery for the petitions received on the last day that filings are accepted. Report Link Employers Must Prepare For Increased H-1B, L-1, and I-9 Inspections.Buchanan Ingersoll & Rooney PC - September 03, 2009 Although President Obama has recently indicated that comprehensive immigration reform is likely to be on the back burner until 2010, it's clear the administration plans to continue focusing on employers' immigration compliance. In recent months, we've seen the Department of Homeland Security (DHS) and the Department of Labor (DOL) increase their investigations of employers hiring foreign national workers. On July 1, 2009, in response to DHS' announced shift in enforcement strategy, U.S. Immigrations and Customs Enforcement (ICE) issued 652 Notices of Inspection (NOIs) to conduct Form I-9 audits of businesses across the country; just 503 notices were issued to employers in all of 2008. Around the same time, U.S. Citizenship and Immigration Services (USCIS) announced it was using contract inspectors to perform thousands of "random," on-site inspections of H-1B and L-1 employers to identify fraudulently filed H-1B and L-1 petitions. The fraud detection program is funded through the mandatory $500 "anti-fraud" fee paid by employers to USCIS when sponsoring an H-1B or L-1 employee. In addition, the U.S. Department of Labor announced that it hired 250 new investigators to investigate employers' wage and hour obligations. Report Link H-1B and H-2B Cap Updates.Ogletree Deakins - August 26, 2009 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. Report Link H-1B Employers Get a Visit from USCIS.Ogletree Deakins - August 26, 2009 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. Report Link USCIS Conducting H-1B Site Inspections.Jackson Lewis LLP - August 13, 2009 The U.S. Citizenship and Immigration Services is deploying contract inspectors to perform thousands of on-site inspections of petitioning employers who have sponsored H-1B specialty occupation visa employees. The inspection program is funded through the mandatory $500 “Anti-Fraud Fee,” one of the government fees employers pay when sponsoring an H-1B employee. These inspections represent a new facet in Department of Homeland Security enforcement efforts, following closely the issuance by Immigration and Customs Enforcement of 650 I-9 audit notices during a single week in June 2009. Initially, reviews are slated to be conducted in 28 cities with employers selected randomly. Report Link Employers of Religious Workers Must Report Job Terminations: A Sign of Things to Come for Other Categories?Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - August 13, 2009 In new regulations concerning temporary and permanent religious worker visa categories issued in November 2008, USCIS included a requirement that the employer notify USCIS within 14 days if its employment of a temporary R-1 religious worker ends or goes below the 20 hour per week minimum. USCIS has now posted a web site notice where the notice should be sent (preferably email to CSCR-1EarlyTerminatonNotif@dhs.gov) and what it needs to say. Employers of foreign nationals in other classifications should realize that similar rules and arrangements are probably in the works for them. Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - August 03, 2009 On July 28, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of July 24, 2009, it has received only 44,900 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, but almost all of the visa petitions needed to meet the U.S. master's degree cap of 20,000. Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - July 09, 2009 On July 7, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of July 3, 2009, it has received only 45,000 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, but almost all of the visa petitions needed to meet the U.S. master’s degree cap of 20,000. Report Link First Year for VETS-100A Filings - Deadline Approaching.Constangy, Brooks & Smith, LLP - July 07, 2009 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. Report Link USCIS Still Accepting H-1B Cases Subject to the H-1B Cap.Ford & Harrison LLP - July 01, 2009 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. Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - July 01, 2009 On June 29, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of June 26, 2009, it has received only 44,800 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, but almost all of the visa petitions needed to meet the U.S. master’s degree cap of 20,000. USCIS will continue to accept new H-1B visa petitions and monitor the number of petitions received, since not all petitions can be approved. Once the relevant H-1B cap has been met, USCIS will issue an update and announce the final receipt date. H-1B petitions will no longer be accepted after the final receipt date. USCIS will hold a lottery for the petitions received on the last day that filings are accepted. Report Link H-1B Visa Numbers Still Available for FY2010.Buchanan Ingersoll & Rooney PC - June 26, 2009 H-1B visa numbers remain available for Fiscal Year (FY) 2010, many believe due to the economic downturn. U.S. Citizenship and Immigration Services (USCIS) has announced that, as of June 19, 2009, approximately 44,500 H-1B cap subject petitions have been received and counted towards the 65,000 H-1B cap. Approximately 20,000 petitions qualifying for the advanced degree cap exemption have been received. Until USCIS announces that the respective caps have been met, employers can continue to file H-1B temporary worker petitions for foreign nationals requesting an employment start date on or after October 1, 2009. The continued availability of H-1B visa numbers comes in stark contrast to last year when the H-1B caps were reached within the first five business days of filing. Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - June 25, 2009 On June 23, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that as of June 19, 2009, it has received only 44,500 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, but almost all of the visa petitions needed to meet the U.S. master's degree cap of 20,000. H-1B petitions will no longer be accepted after the final receipt date. USCIS will hold a lottery for the petitions received on the last day that filings are accepted. Report Link H-1B Updates – Cap Status and iCERT Delays Possible.Ogletree Deakins - June 25, 2009 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. Report Link Getting Compliant in a Brave New World: The New H-2B Guest Worker Regulations (pdf).Ogletree Deakins - June 04, 2009 Getting Compliant in a Brave New World: The New H-2B Guest Worker Regulations. Report Link Still Plenty of H-1Bs Available.Ogletree Deakins - May 29, 2009 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. Report Link iCERT and Expected H-1B Delays Postponed to June 30.Ogletree Deakins - May 29, 2009 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. Report Link USCIS Clarifies Licensing and Degree Requirements for H-1Bs Health Care Workers.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - May 28, 2009 USCIS has clarified that a health care worker with an unrestricted license in the state of employment should be approved for H-1B status even if a Department of Labor manual suggests that the worker does not have a degree high enough to practice the profession. Report Link USCIS Releases Updated Information on Filed H-1B Petitions.Jackson Lewis LLP - May 22, 2009 On May 18, 2009, U.S. Citizenship and Immigration Services (USCIS) released updated information on H-1B non-immigrant visa petitions for Fiscal Year 2010 (beginning October 1, 2009), stating that it has received only 45,500 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap, but almost all of the visa petitions needed to meet the U.S. master’s degree cap of 20,000. USCIS will continue to accept new H-1B visa petitions and monitor the number of petitions received, since not all petitions can be approved. Report Link H-1B Cap Not Yet Reached - USCIS Continues to Accept H-1B Petitions for FY2010.Jackson Lewis LLP - May 14, 2009 U.S. Citizenship and Immigration Services (USCIS) has announced that it has received only about 45,000 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap for Fiscal Year 2010 (beginning October 1, 2009), but almost all of the visa petitions needed to meet the U.S. master’s degree cap of 20,000. Report Link H-1B Processing Delays Likely Due to iCERT.Ogletree Deakins - May 13, 2009 Beginning on May 15, 2009, all employer sponsors must use the Department of Labor’s (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 employee’s 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. Report Link State Department Publishes New Exchange Visitor Skills List.Littler Mendelson, P.C. - May 07, 2009 On April 30, the Department of State published a new Exchange Visitor Skills List in the Federal Register. The new Skills List will be effective on June 28, 2009. Foreign nationals who obtain J-1 (Exchange Visitor) status on or after that date may be impacted. Report Link Court Halts Texas Driver License Policy.Ogletree Deakins - May 04, 2009 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. Report Link Reminder: H-1B Petitions May Still Be Available for Fiscal Year 2010.Vedder Price - May 01, 2009 Reminder: H-1B Petitions May Still Be Available for Fiscal Year 2010. Report Link H-1B Cap Not Yet Reached – USCIS Continues to Accept H-1B Petitions for FY2010.Jackson Lewis LLP - April 28, 2009 U.S. Citizenship and Immigration Services (USCIS) has announced that it has received only about 45,000 of the 65,000 H-1B non-immigrant visa petitions needed to meet the H-1B regular cap for Fiscal Year 2010 (beginning October 1, 2009), but almost all of the visa petitions needed to meet the U.S. master’s degree cap of 20,000. USCIS will continue to accept new H-1B visa petitions and monitor the number of petitions received, since not all petitions can be approved. Report Link H-1B Cap Not Reached During Initial Filing Period.Ogletree Deakins - April 14, 2009 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 (“Master’s 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 Master’s cap. Report Link H-1B Visas Still Available for FY2010.Fisher & Phillips, LLP - April 13, 2009 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. Report Link USCIS Announces H-1Bs Remain Available.Buchanan Ingersoll & Rooney PC - April 09, 2009 U.S. Citizenship and Immigration Services (USCIS) has announced that, between April 1, 2009, and April 7, 2009, it received almost half of the 65,000 petitions needed to meet the fiscal year 2010 cap. USCIS has also received "just short" of the 20,000 petitions needed to meet the cap for foreign workers with U.S. advanced degrees. Official numbers have not been released at this time, but USCIS will continue to accept H-1B petitions until the respective caps have been met. Any petitions received on the day that the respective caps have been met (i.e., the "final receipt day") will be selected for adjudication based on a random lottery process. Report Link FY2010 H-1B Cap Not Yet Reached After First Week of Filing.Jackson Lewis LLP - April 09, 2009 U.S. Citizenship and Immigration Services (USCIS) has announced that it has received approximately half of the H-1B non-immigrant visa petitions needed to meet the H-1B regular cap for Fiscal Year 2010 (beginning October 1, 2009) and almost all of the visa petitions needed to meet the U.S. master’s degree cap. USCIS will continue to accept new H-1B visa petitions and monitor the number of petitions received for the 65,000 visas available under the regular cap and the 20,000 visas under the U.S. master’s degree cap. Report Link All EB-3 numbers used up for FY2009.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - April 09, 2009 The State Department's May 2009 Visa Bulletin announces that all visa numbers for the employment third preference are used up until October 1. Persons with adjustment of status applications filed and receipted already can continue "in abeyance" with interim work and travel, as appropriate. Immigrant visa appointments already scheduled should go forward. It would appear that USCIS will continue to receive through the end of April adjustment of status applications based on "priority dates" that were current in the April Visa Bulletin, given the debacle of previous years when it was handled otherwise. Report Link H-1B caps not reached in first days.Baker, Donelson, Bearman, Caldwell & Berkowitz, PC - April 08, 2009 USCIS did not receive enough H-1B petitions to use up the 85,000 slots available for work to begin on October 1, 2009. This means that all petitions successfully filed in the first five days (through April 7, 2009) will be given a slot. USCIS has not announced how many petitions have been received-- only that it has not reached either the 20,000 "exemption" for workers with a masters degree or higher from a U.S. institution or the 65,000 cap for all other H-1B workers. Employers wishing to file petitions should submit them as quickly as possible. Once the cap is reached, the petitions received on the day that either cap is reached will be placed in a random selection for that cap, but no petitions received on prior days will be forced into the random selection. Report Link USCIS Updates: Premium Processing for I-140’s, FBI Clearances and P-1 Athletes.Ogletree Deakins - March 31, 2009 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. Report Link Final Call for H-1B Petitions; TARP Recipients Restricted.Ogletree Deakins - March 31, 2009 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. Report Link H-1B & Form I-9 Deadlines Fast Approaching.Buchanan Ingersoll & Rooney PC - March 26, 2009 Employers are reminded that, beginning April 1, 2009, U.S. Citizenship and Immigration Services (USCIS) will begin accepting new H-1B temporary worker petitions for foreign nationals requesting an employment start date on or after October 1, 2009. Report Link Layoffs, Furloughs, or Pay Reduction? H-1B Employers Beware.Ogletree Deakins - March 12, 2009 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 worker’s terms of employment. Report Link H-1B Filing Period Approaching.Ogletree Deakins - March 12, 2009 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.) Report Link H-1B Hiring Limited for TARP Recipients.Ogletree Deakins - March 12, 2009 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: Report Link American Recovery and Reinvestment Act of 2009 Places Limits on Certain Employers with H-1B Workers.Jackson Lewis LLP - February 25, 2009 On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009. The new legislation includes a provision that will treat all Troubled Assets Relief Program (“TARP”) recipients as “Dependent Employers” for H-1B purposes. A list of TARP recipients can be found here. This will mean that these employers will have to make the following additional attestations when submitting the Labor Condition Application for an H-1B worker: Report Link American Recovery and Reinvestment Act of 2009 Places Limits on Certain Employers with H-1B Workers.Jackson Lewis LLP - February 23, 2009 On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009. The new legislation includes a provision that will treat all Troubled Assets Relief Program (“TARP”) recipients as “Dependent Employers” for H-1B purposes. A list of TARP recipients can be found here. This will mean that these employers will have to make the following additional attestations when submitting the Labor Condition Application for an H-1B worker: Report Link H-1B Amendment Included in Final Version of Economic Stimulus Bill.Buchanan Ingersoll & Rooney PC - February 17, 2009 On Friday, Congress gave final approval to President Obama's $787 billion economic stimulus bill. It is expected that President Obama will sign the bill into law this week. The final version of the package does not contain a proposed amendment that would have required all stimulus-fund recipients to use the government's E-Verify electronic work authorization eligibility program. However, the bill does include the Employ American Workers Act, which forbids employers receiving funding under the Troubled Assets Relief Program (TARP) from hiring additional H-1B nonimmigrant workers unless the employer complies with the H-1B "dependent employer" rules. Report Link USCIS Announces H-2B Temporary Visa Cap for 2009 Reached.Jackson Lewis LLP - February 03, 2009 The United States Citizenship and Immigration Services (USCIS) announced that it has received enough H-2B visa petitions to meet the H-2B cap for the second half of Fiscal Year 2009 (for employment start dates beginning April 1, 2009 and prior to October 1, 2009). Report Link Reminder: H-1B Petitions May Be Filed on April 1, 2009 for the Next Fiscal Year (pdf).Vedder Price - February 02, 2009 Employers—please 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. Report Link It's Time Again for Reviewing Your H-1B Needs.Jones Walker - January 27, 2009 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. Report Link Deadline for New H-1B Visa Applications Approaching.Fisher & Phillips, LLP - January 23, 2009 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. Report Link Visa Waiver Program Travelers Must Have ESTA Approval.Ford & Harrison LLP - January 21, 2009 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. Report Link New H-1B Petitions May Be Filed on March 31, 2009.Ogletree Deakins - January 14, 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. Report Link U.S. Lawful Permanent Residents Now Subject to US-VISIT (pdf).Vedder Price - January 12, 2009 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. Report Link International Travelers Must Register with “ESTA” Prior to Travel to the U.S. (pdf).Vedder Price - January 12, 2009 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
visitor’s visa. Report Link H-1B Petitions May Be Filed on April 1, 2009 for the Next Fiscal Year (pdf).Vedder Price - January 12, 2009 Employers—please 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. Report Link DHS Expands US-VISIT Requirements to Include Lawful Permanent Residents.Buchanan Ingersoll & Rooney PC - January 02, 2009 The Department of Homeland Security (DHS) has published a final rule significantly expanding the group of foreign nationals required to have their biometrics information collected under the US-VISIT program when traveling to and from the United States. Established in 2003, US-VISIT records biographic and biometric information to conduct security checks and verify the identities of international visitors to the United States. Report Link Visa Waiver Program Expansion Update.Ogletree Deakins - December 04, 2008 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. Report Link Entry Requirements to U.S. by Land, Air, or Sea for Visa Waiver Program Travelers.Jackson Lewis LLP - November 11, 2008 Foreign visitors on the Visa Waiver Program (VWP) seeking to travel to the United States by land, air, or sea are subject to strict entry and security requirements. The VWP enables nationals of qualified countries to travel to the U.S. for tourism or business visa-free for stays of 90 days or less. Report Link USCIS Increases Period of Stay for TN Professional Workers from Canada and Mexico.Jackson Lewis LLP - October 22, 2008 The United States Citizenship and Immigration Services (USCIS) has increased the maximum period from one year to three years in which professional workers from Canada or Mexico holding Trade-NAFTA (TN) visas may be admitted to or extend their stay in the U.S. This change will improve the administration of the TN visa program and make it more flexible and attractive to Canadian and Mexican professionals and to U.S. employers. Report Link USCIS Increases Period of Stay for TN Nonimmigrants to Three Years.Buchanan Ingersoll & Rooney PC - October 17, 2008 The much anticipated three-year TN admission is finally here! U.S. Citizenship and Immigration Services (USCIS) has published the final rule in the Federal Register and increased the period of admission and extension of stay in the U.S. for Canadian and Mexican citizens in TN status from one to three years. TN workers can now seek an extension of stay for up to three years instead of the prior one-year maximum period. Spouses and unmarried children under age 21 may also be admitted in TD status or granted an extension of TD status for up to three years. Unlike with many other nonimmigrant statuses, there is no limit on the number of times Canadian and Mexican professionals can apply for TN admission, visas and extensions. Report Link U.S. Department of State Announces Innovative J-1 Visa Exchange Programs with Ireland and Korea.Jackson Lewis LLP - October 10, 2008 In an effort to promote mutual understanding between the U.S. and other countries by means of educational and cultural exchanges, the U.S. Department of State has announced new J-1 visa exchange visitor programs with Ireland and Korea. The J-1 nonimmigrant visa exchange programs are designed to provide greater access to international internship opportunities and travel experiences for recent graduates in the U.S. and abroad. Report Link Dates for 2010 Diversity Immigrant Visa Lottery (DV-2010) Announced.Jackson Lewis LLP - October 07, 2008 The U.S. Department of State has announced that applications for the 2010 Diversity Visa (DV-2010) Lottery will be accepted between Noon EST, October 2, 2008 and December 1, 2008. 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. Persons seeking to apply must register electronically during the registration period. Report Link 2010 Diversity Immigrant Visa Lottery Program Announced.Buchanan Ingersoll & Rooney PC - October 02, 2008 The U.S. Department of State (DOS) has issued instructions for the DV-2010 Diversity Visa (DV) Lottery Program. The DV Lottery Program enables foreign nationals to apply for permanent residence in the United States without employment or family sponsorship. The DV Lottery Program selects 50,000 people annually who can then pursue an immigrant visa at a U.S. Embassy or Consulate in their home country or adjust their status in the U.S. through the U.S. Department of Homeland Security (if a foreign national is residing legally in a nonimmigrant status in the U.S. at the time of the application). Report Link Dates for 2010 Diversity Immigrant Visa Lottery (DV-2010) Announced.Jackson Lewis LLP - September 22, 2008 The U.S. Department of State has announced that applications for the 2010 Diversity Visa (DV-2010) Lottery will be accepted between Noon EST, October 2, 2008 and December 1, 2008. 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. Report Link Update on Department of State PIMS Program.Buchanan Ingersoll & Rooney PC - September 03, 2008 In November 2007, the Department of State (DOS) launched the Petition Information Management Service (PIMS) program. PIMS is a report set up by DOS to provide U.S. consular posts with official notification when H, L, O, P and Q nonimmigrant petitions have been approved. Traditionally, consular posts have had to rely on paper USCIS approval notices supplied by visa applicants when adjudicating a visa application, a process that was vulnerable to misrepresentation and fraud. Under the new procedure, the USCIS service centers electronically transfer a copy of the filed petition and supporting documentation to DOS’ Kentucky Consular Center (KCC), which then updates the information in PIMS. The consular post must confirm a petition approval in PIMS before issuing a visa based on that approval. Report Link H-2B Cap Reached.Ogletree Deakins - August 26, 2008 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). Report Link DHS Launches Electronic System for Travel Authorization for Visa Waiver Visitors.Jackson Lewis LLP - August 19, 2008 In a bid to strengthen the security of travel to the United States under the Visa Waiver Program (“VWP”), the Department of Homeland Security (“DHS”) has launched a new website for applying for travel authorizations. Under the Electronic System for Travel Authorization (“ESTA”), nationals of the 27 VWP countries will still be eligible to travel to the United States without a visa, but will have to obtain an approved travel authorization prior to their travel. Report Link CBP Offers Preview of ESTA Online Service.Buchanan Ingersoll & Rooney PC - July 23, 2008 On June 3, 2008, the Department of Homeland Security (DHS) announced an interim rule that will require foreign nationals traveling to the U.S. under the Visa Waiver Program (VWP) to register online with the DHS' Electronic System for Travel Authorization (ESTA) at least 72 hours before their visit. Report Link H-2B News: Cap Count and Proposed Regulations.Ogletree Deakins - July 23, 2008 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. Report Link Voluntary ESTA Registration For Visa Waiver Travel Starts August 1.Ogletree Deakins - July 23, 2008 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). Report Link TN Validity Period to Increase from One to Three Years.Ogletree Deakins - June 25, 2008 On May 5, USCIS announced its intention to increase the period of admission of Trade NAFTA (TN) professional workers from one to three years. Report Link Green Card Processing Updates - Visa Bulletin, Two-Year EADs and Premium Processing for Sixth-Year H-1Bs.Ogletree Deakins - June 25, 2008 Several recent developments may impact green card processing for numerous applicants. Report Link Cap Reached For 2009 H-1B Allocation.Ogletree Deakins - June 25, 2008 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. Report Link Executive Order Requiring Federal Contractors to Use E-Verify Could Affect Millions of Workers.Jackson Lewis LLP - June 12, 2008 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. Report Link DHS Announces Changes to Visa Waiver Program.Buchanan Ingersoll & Rooney PC - June 04, 2008 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. Report Link Proposed Rule Change to Increase Maximum Period of Stay for TN Workers.Buchanan Ingersoll & Rooney PC - May 30, 2008 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. Report Link PIMS Causes Visa Processing Delays.Ogletree Deakins - May 16, 2008 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. Report Link USCIS Announces Completion of H-1B Lottery.Jackson Lewis LLP - April 18, 2008 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. Report Link USCIS Completes H-1B Lottery.Buchanan Ingersoll & Rooney PC - April 16, 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. Report Link The U.S. Citizenship and Immigration Services Has Conducted the Computer-Generated H-1B Lottery.Littler Mendelson, P.C. - April 16, 2008 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. Report Link USCIS Announces Number of H-1B Petitions Filed.Jackson Lewis LLP - April 15, 2008 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. Report Link New F-1 Student Optional Practical Training Extension Rule.Jackson Lewis LLP - April 09, 2008 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. Report Link H-1B Visa Cap Reached After First Week.Jackson Lewis LLP - April 09, 2008 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. Report Link Employer Immigration Alert - H-1B Visas (pdf).Vedder Price - April 09, 2008 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. Report Link H-1B Cap Reached.Ogletree Deakins - April 09, 2008 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. Report Link F-1 Student Visa Optional Practical Training Cap-Gap/STEM Extension Rule Announced by Department of Homeland Security.Ogletree Deakins - April 09, 2008 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. Report Link The U.S. Department of Homeland Security Announces New Optional Practical Training Interim Rule for F-1 Students.Littler Mendelson, P.C. - April 08, 2008 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. Report Link Unofficial Confirmation from USCIS Indicates both Regular and Advanced U.S. Degree Caps Met.Littler Mendelson, P.C. - April 07, 2008 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. Report Link Urgent Advisory: USCIS Extends H-1B Filing Deadline.Buchanan Ingersoll & Rooney PC - April 03, 2008 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. Report Link Employer Immigration Alert - H-1B Visas.Vedder Price - March 21, 2008 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. Report Link Urgent Advisory: Last Chance for New H-1B Filings.Buchanan Ingersoll & Rooney PC - March 21, 2008 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. Report Link New Rule Prohibits Filing Multiple H1-B Petitions on Behalf of a Single Employee.Ford & Harrison LLP - March 21, 2008 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/. Report Link New H-1Bs may be filed on Monday, March 31, 2008 - Cap likely to be hit one day (pdf).Ogletree Deakins - February 20, 2008 Employers may begin filing "new" H-1B petitions on Monday, March 31. Report Link H-1B Visa Cap for New Visas Expected to Be Reached On First Day of Filing.Buchanan Ingersoll & Rooney PC - February 07, 2008 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. Report Link Act Now to Begin the Application Process for H-1B Visas for FY 2009.Ford & Harrison LLP - February 01, 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. Report Link State Department Issues February 2008 Visa Bulletin declaring India EB-2 Unavailable Effective Immediately.Littler Mendelson, P.C. - January 15, 2008 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. Report Link H-2B Cap Reached for Second Half of FY 2008.Fisher & Phillips, LLP - January 10, 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. Report Link USCIS Eliminates Requirement that Certain H and L Visa Holders Returning to the U.S. Must Present an AOS Receipt Notice to Avoid AOS Abandonment.Littler Mendelson, P.C. - November 05, 2007 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. Report Link Dates for 2009 Diversity Immigrant Visa Lottery (DV-2009) Announced.Jackson Lewis LLP - October 05, 2007 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. Report Link H-1B Filings for October 1, 2008 Already? Fiscal Year 2009? Time to Think a Whole Year Ahead!Fredrikson & Byron, P.A. - October 03, 2007 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! Report Link Government Reopens July EB Adjustment Filings.Elarbee, Thompson, Sapp & Wilson, LLP. - July 20, 2007 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. Report Link USCIS Accepting Employment-Based Adjustment of Status Applications In Most Visa Categories Until August 17.Jackson Lewis LLP - July 20, 2007 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. Report Link USCIS Reverses Policy, Will Allow Employment-Based I-485 Filings Through August 17, 2007,Buchanan Ingersoll & Rooney PC - July 19, 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. Report Link DOS and USCIS Reverse Decision - All Employment Based Numbers Are Current.Ogletree Deakins - July 19, 2007 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. Report Link Visa Alert - Retrogression Effective July 2, 2007.Ogletree Deakins - July 09, 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. Report Link Department of State Issues Revised July 2007 Visa Bulletin.Buchanan Ingersoll & Rooney PC - July 05, 2007 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. Report Link U.S. Department of State and USCIS Close the Door to Employment-Based Adjustment of Status for FY 2007.Jackson Lewis LLP - July 05, 2007 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. Report Link DOS Publishes Interim Final Rule Regarding J-1 Trainees and Interns.Littler Mendelson, P.C. - June 25, 2007 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. Report Link Alternative Visa Options and Strategies For The Capped-Out H-1B Employee.Fredrikson & Byron, P.A. - June 01, 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. Report Link H-1B Visas for Graduates of U.S. Advanced Degree Programs are Unavailable.Buchanan Ingersoll & Rooney PC - May 10, 2007 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. Report Link Update on H-1B Petitions Subject to the FY2008 Cap: Advanced Degree Numbers Still AvailableBuchanan Ingersoll & Rooney PC - April 12, 2007 The 20,000 cap for master degree and higher is still open...for now.
Report Link H-1B Cap Reached for Fiscal Year 2008.Buchanan Ingersoll & Rooney PC - April 05, 2007 H-1B petitions have maxed out: reaching the 65,000 cap for FY 2008 in only one day. Report Link Immigration Alert - H-1B Cap Met.Ogletree Deakins - April 05, 2007 Employers must await the lotter to know whether CIS has accepted their petitions.
Report Link H-1B Visa Cap Reached on First Day of Filing.Jackson Lewis LLP - April 04, 2007 The United States Citizenship and Immigration Services has already reached its H-1b cap for FY 2008. Report Link New H-1Bs May Be Filed On Friday, March 30, 2007 - Cap May Be Hit In One Day.Ogletree Deakins - April 03, 2007 The annual H-1B quota was likely met yesterday. Report Link H1B Quota.Elarbee, Thompson, Sapp & Wilson, LLP. - March 20, 2007 On April 1, 2007, the H1B quota will open for fiscal year 2008. Report Link New Opportunity To Apply For H-1B Visas Fast Approaching (pdf).Fisher & Phillips, LLP - March 13, 2007 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. Report Link H-1B Cap for New Visas Expected to be Reached in Record Time.Buchanan Ingersoll & Rooney PC - March 12, 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. Report Link Temporary Workers Alert: Time to File H-1B Petitions for FY 2008! (pdf).Vedder Price - March 02, 2007 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. Report Link Act Now to Begin the Application Process for H-1B Visas for FY 2008.Ford & Harrison LLP - January 23, 2007 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. Report Link 'Tis The Season For Reviewing Your H-1B Needs (pdf).Jones Walker - January 12, 2007 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. Report Link DOL Clarifies Requirements for "Bona Fide" Termination of H-1B Visa Holders.Littler Mendelson, P.C. - November 17, 2006 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. Report Link Administrative Review Board of the Department of Labor Requires Notification to USCIS and Offer of Return Transportation to Complete “Bona Fide" Termination for H-1B purposes and End Salary Obligation.Littler Mendelson, P.C. - November 15, 2006 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. Report Link Less than 500 FY2007 H-1B Advanced Degree Cap Visas Left.Jackson Lewis LLP - August 03, 2006 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. Report Link Approximately 6,000 FY2007 H-1B Advanced Degree Cap Visas Remain.Jackson Lewis LLP - July 10, 2006 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. Report Link Understanding And Managing The H1B Visa Cap.Littler Mendelson, P.C. - July 06, 2006 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. Report Link The Cap Runneth Over -- 2007 Quota On H-1Bs Surpassed (pdf).Jones Walker - June 23, 2006 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. Report Link H-1B Visa Cap Reached Within 60 Days After Start of Filing Period.Jackson Lewis LLP - June 05, 2006 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. Report Link USCIS announces that H-1B cap has been met for FY2007.Littler Mendelson, P.C. - June 05, 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. Report Link H-1B Visa Cap Update.Jackson Lewis LLP - June 01, 2006 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. Report Link DOS Publishes Proposed J-1 Trainee/Intern Regulations.Littler Mendelson, P.C. - May 10, 2006 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. Report Link H-1B Cap Update.Jackson Lewis LLP - May 05, 2006 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. Report Link Navigating Difficult Waters: Immigration Laws As They Relate to Foreign Artists, Entertainers and Athletes.Fredrikson & Byron, P.A. - April 07, 2006 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. Report Link Immigration Issues for Artists, Entertainers and Athletes.Fredrikson & Byron, P.A. - April 07, 2006 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. Report Link Time to File H-1B Petitions (pdf).Vedder Price - April 05, 2006 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. Report Link Employers Should Act Now to Obtain Schedule A Immigrant Visas for RNs and Physical Therapists.Ford & Harrison LLP - March 30, 2006 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. Report Link Legal Alert: Act Now to Begin the Application Process for H-1B Visas for FY 2007.Ford & Harrison LLP - March 07, 2006 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. Report Link DHS Hits Cap on H-1B 'Exemption' for Workers With Advanced Degrees (pdf)Phelps Dunbar LLP - February 07, 2006 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. Report Link USCIS Reaches H-1B Exemption Cap for Fiscal Year 2006.Jackson Lewis LLP - January 25, 2006 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. Report Link 2007 Diversity Visa Lottery Registration Begins.Jackson Lewis LLP - September 23, 2005 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. Report Link U.S.A: H-1B Cap Reached: CIS Imposes August 10, 2005, Cutoff Date.Littler Mendelson, P.C. - August 18, 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. Report Link Cap Reached on H-1B Visas Before Beginning of FY 2006.Jackson Lewis LLP - August 17, 2005 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. Report Link Cap Nearly Reached on H-1B Visas for FY 2006.Jackson Lewis LLP - August 12, 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. Report Link General Pool of H-1Bs for FY06 Close to being Exhausted.Littler Mendelson, P.C. - August 05, 2005 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. Report Link Ever-moving Target: USCIS Issues Memo Regarding Some Provisions of AC21 Including Portability.Littler Mendelson, P.C. - June 17, 2005 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. Report Link USCIS Announces that 6,393 of the 20,000 New H-1B Numbers Used.Jackson Lewis LLP - May 27, 2005 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. Report Link USCIS Will Apply 20,000 FY 2005 H-1B Numbers to All Qualified H-1Bs.Jackson Lewis LLP - March 11, 2005 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. Report Link Proposed Rules Make It Easier to Hire Certain Temporary Foreign Workers.Jackson Lewis LLP - January 28, 2005 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. Report Link USCIS Reaches H-2B Cap for FY2005.Jackson Lewis LLP - January 05, 2005 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. Report Link President Bush Signs Law Raising Number of H-1B Visas, Hiking Visa Fees, & Limiting L-1B Visas.Jackson Lewis LLP - December 10, 2004 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. Report Link Congress Increases Number of H-1B Visas and Limits Out-Placement of L-1B Visa Holders.Jackson Lewis LLP - November 30, 2004 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. Report Link Congress Passes Bill to Extend J Waiver Program for Physicians.Jackson Lewis LLP - November 22, 2004 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. Report Link Dates for The 2006 Diversity Immigrant Visa Lottery (DV-2006) Announced.Jackson Lewis LLP - October 12, 2004 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. Report Link USCIS Reaches H-1B Visa Cap for FY2005.Jackson Lewis LLP - October 08, 2004 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. Report Link H-1B Cap Update.Jackson Lewis LLP - September 10, 2004 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. Report Link F-1 Student Visa Status May Be Automatically Extended While Awaiting H-1Bs.Jackson Lewis LLP - June 28, 2004 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. Report Link Biometric Identifier Requirement May Eliminate Visa Revalidation Program at State Department.Jackson Lewis LLP - May 24, 2004 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. Report Link DOL Publishes H-2B Filing Guidelines for Fiscal Year 2005.Jackson Lewis LLP - May 14, 2004 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. Report Link Visa Revalidation Process Will Be Terminated by the Department of State.Jackson Lewis LLP - April 24, 2004 The United States Department of State has announced it is ending its program for visa revalidation for temporary nonimmigrants as of July 16, 2004. Report Link FY 2004 Cap on H-1B Visas Reached on February 17, 2004.Jackson Lewis LLP - February 20, 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. Report Link Extension of Deadline for Machine Readable Passports for Visa Waiver Visitors.Jackson Lewis LLP - September 11, 2003 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. Report Link Visas Required for Canadian Landed Immigrants.Jackson Lewis LLP - February 28, 2003 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. Report Link Instructions for the 2004 Diversity Immigrant Visa Program (DV-2004).Jackson Lewis LLP - August 23, 2002 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. Report Link Debate over Scarcity – and Skills – of IT Workers.Knowledge@Wharton (Reg Required) - July 03, 2002 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). Report Link INS Accepts Employment Authorization Applications from L and E Visa Spouses.Jackson Lewis LLP - February 15, 2002 Report Link Congress facilitates the recruiting and hiring of aliens in H-1B status.Jackson Lewis LLP - April 01, 2001 Discusses regulations implementing the H-1B provisions of the American Competitiveness and Workforce Improvement Act (ACWIA). Report Link DHS Releases Interim Rule Extending Optional Practical Training.Buchanan Ingersoll & Rooney PC - (No Date) DHS released an interim rule that will extend the Optional Practical Training (OPT) for certain F-1 students from 12 months to 29 months. The interim final rule will take effect once it is published in the Federal Register, anticipated to be published later this week.
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