H-1B Deadline Fast Approaching!
The H-1B visa category is used by employers hiring a foreign national in a professional level position (“specialty occupation”) requiring at least a Bachelor’s degree or the equivalent. This year, the U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions on April 1, 2010, with a start date of October 1, 2010 (FY […]
DS-160, The New Non-Immigrant Visa Application
The Department of State (“DOS”) will require that all U.S. Embassies and Consulates abroad use the new online DS-160 for nonimmigrant visa applications by April 30, 2010. The DS-160 will replace the paper based application, form DS-156. Many posts have already begun using form DS-160, although technical problems persist. Nonimmigrant visa applicants with upcoming appointments […]
The U.S. Citizenship and Immigration Services Launches ‘I-9 Central’ on USCIS.gov
Since 1986, U.S. employers have been required to verify the identity and employment authorization of every worker hired, regardless of the employee’s immigration status. To comply with the law, employers must complete form I-9, available at www.uscis.gov . In the past few years, there has been an increased focus on enforcement of immigration related documents […]
H-1B Cap Gap Relief
In April, the U.S. Citizenship and Immigration Services (“USCIS”) reminded employers that some foreign national employees may qualify for Cap Gap relief. H-1B Cap Gap Relief pertains to F-1 students with pending or approved H-1B petitions, including a request for a change of status from F-1 to H-1B, with an employment start date of October […]
USCIS CONTINUES TO ACCEPT H-1B PETITIONS FOR FISCAL YEAR 2011
U.S. Citizenship and Immigration Services (“USCIS”) recently announced that it will continue to accept H-1B nonimmigrant petitions for the 2011 fiscal year cap. USCIS will monitor the number of petitions received for both the 65,000 regular cap and the 20,000 U.S. Master’s degree or higher cap. As of April 9th, USCIS received approximately 13,500 H-1B […]
Employment Based Preference Categories and Priority Date Retrogression
The Immigration and Nationality Act sets limits on how many green cards or immigrant visas may be issued each Fiscal Year (October 1st through September 30th ) in all visa categories. Every year, the government (U.S. Citizenship and Immigration Services, “USCIS,” and the Department of State, “DOS”) specifically issues a certain number of employment based […]
I-94 Card Automation
On April 30, 2013, Customs and Border Protection (“CBP”) began automating the issuance of Form I-94, Arrival/Departure Record for foreign nationals entering the U.S. by eliminating the paper form I-94. The form I-94 will be available in an electronic format for foreign national nonimmigrants arriving by air and sea, and does not apply to individuals […]
OSC electronic I-9
An 8/20/13 Technical Assistance Letter (TAL) from the Department of Justice’s (“DOJ”) Office of Special Counsel, Deputy Special Counsel Seema Nanda, discourages pre-population of employee information in Section 1 of the I-9 Form by electronic I-9 programs due to potential discrimination concerns. Similarly, the Immigration and Customs Enforcement (“ICE”) has indicated that pre-population of Section […]