Total Articles: 14
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.
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.
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.
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 Updates: Premium Processing for I-140’s, 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.
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.
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
visitor’s visa.
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.
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).
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.
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.
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.
