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 […]
USCIS Implements New Immigrant Visa Processing Fee
The USCIS implemented a new Immigrant Visa fee effective February 1, 2013. Applicants for an Immigrant Visa package issued on or after February 1, 2013, at a U.S. Consulate or Embassy abroad (including Canada and Mexico) are required to pay two Immigrant Visa fees: one to the U.S. Department of State (DOS) and one to […]
Fiscal Year 2014: H-1B Filing Date Coming up Quickly.
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. The U.S. Citizenship and Immigration Services (“USCIS”) will begin accepting H-1B petitions on April 1, 2013 , with a start date of October 1, 2013 (FY 2014). […]
Who’s creating jobs now? Stall in U.S. Immigrant Entrepreneurship
According to a study released last month by the Ewing Marion Kauffman Foundation, the U.S. is experiencing a steady decline in the percentage of immigrant founded start-ups. Nationwide, the percentage of immigrant founded start-ups declined from 25.3 to 24.3 percent since 2005. In Silicon Valley, the situation is even more pronounced with the percentage of […]
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 […]