USCIS Proposes Mandatory Electronic Registration Process for Employers Filing
The U.S. Citizenship and Immigration Services (“USCIS”) proposes to establish a mandatory Internet-based electronic registration process for U.S. employers seeking to file H-1B petitions for alien workers subject to either the 65,000 or 20,000 annual caps. This proposed regulation would alleviate significant administrative burdens on USCIS Service Centers, and eliminate the need for U.S. employers […]
FY 2012: 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, 2011 , with a start date of October 1, 2011 […]
ICE Revises SEVP Guidance for F-1 Optional Practical Training and H-1B Cap Gap Issues
Immigration and Customs Enforcement’s (“ICE”) Student Exchange Visitor Program (“SEVP”) recently revised its policy guidance regarding Optional Practical Training (“OPT”), STEM OPT for F-1 students, and H-1B Cap Gap relief. The new policy guidance issued on April 23, 2010, supplements the previous April 2008 guidance, including the following key points: 1. F-1 Students eligible for […]
FEE HIKES: DOS Increases Fees for Nonimmigrant Visa Applications and USCIS Proposes a 10% Filing Fee Increase
The Department of State (“DOS”) issued a fee increase effective June 4, 2010 for most nonimmigrant visa categories. The amount of the fee increase depends on the visa category. Most nonimmigrant visas have been increased to $140, such as the B-1/B-2 visa and Border Crossing Cards. Petition-based visa categories such as the H-1B, L-1, O-1, […]
USCIS Issues Revised Employment Authorization Document
As of May 11, 2010, the U.S. Citizenship and Immigration Services (“USCIS ” ) has revised the Employment Authorization Document (“EAD”), to add a machine-readable zone to the back of the card. This update is part of the USCIS’ ongoing efforts to prevent immigration fraud. The machine-readable zone is compliant with International Civil Aviation Organization […]
B-1/B-2 Visitors: Change of Status Needed to Enroll in School
Before enrolling in classes, individuals who hold B-1 or B-2 status must first obtain student status, either F-1 (academic student) or M-1 (vocational student) status. USCIS recently reminded B-1/B-2 visitors that enrolling in classes while in B-1/B-2 status will result in a status violation. If B-1/B-2 visitors enroll in classes before a change of status […]
Termination of H1-B workers
With a recession upon us, many companies have no choice but to terminate some workers. What happens if a terminated worker is a nonimmigrant H-1B visa holder? There are several issues that arise for employers and terminated H-1B workers: (1) what happens to the authorized stay of a H-1B worker upon termination? (2) what is […]
Family & Employment Based Preference Categories and Priority Date Retrogression
Section 203 of the Immigration and Nationality Act (INA) sets limits on how many “green cards” (legal permanent residency cards or immigrant visas) may be issued during the U.S. Citizenship and Immigration Services’ (“USCIS”) fiscal year in all visa categories. The fiscal year runs from October 1 st through September so”. A certain number of […]