Tag Archive
US: Foreign Nationals and Their Employers Should Prepare for Visa and Travel Delays in the Wake of Recent Air Security Incidents
Consular, transportation and border officials have broad authority to require any foreign national to undergo additional security checks, but increased screening and restrictions are more likely if a traveler is from a country of concern or interest to the U.S. government. Since the Christmas Day incident on an international flight bound for Detroit, the... »
United States: USCIS Will Temporarily Accept H-1B Petitions Without Certified LCAs
Through March 4, 2010, employers will be able to submit H-1B petitions to U.S. Citizenship and Immigration Services without a certified labor condition application (LCA), as long as an LCA was filed with the Department of Labor at least seven calendar days before the H-1B petition is filed. »
US: State Department Releases December 2009 Visa Bulletin India EB-3 Advances Slightly; Other Employment-Based Cut-Off Dates Are Unchanged
Cut-off dates for the India employment-based third preference (EB-3) immigrant category will advance by just one week in December, but otherwise, priority dates in the first, second and third preferences will be unchanged next month. »
United States: FY 2010 H-1B Cap Usage Climbs Again
H-1B cap filings for employment in Fiscal Year 2010 continue to increase, according to further updated statistics from U.S. Citizenship and Immigration Services (USCIS). The agency continues to accept both standard and advanced-degree cases, but all new cap filings will be now counted against the standard H-1B quota because USCIS has already received enough... »
United States USCIS Issues Updated E-Verify Guidance for Federal Contractors
U.S. Citizenship and Immigration Services recently updated its E-Verify Supplemental Guide for Federal Contractors. The updated guidance addresses how employers should manage the verification process in light of anticipated volume and changing regulations and clarifies which workers must undergo E-Verify. »
US: President Signs Bill to Extend Immigration Programs, Provide Homeland Security Funding
President Obama has signed into law the Fiscal Year 2010 Homeland Security Appropriations Act (H.R. 2892). The legislation extends the following immigration programs for three years: »
US: Ombudsman Recommends USCIS Accept Proof of LCA Filing
The Citizenship and Immigration Services Ombudsman has recommended that U.S. Citizenship and Immigration Service (USCIS) accept proof of a timely filed Labor Condition Application (LCA) with an H-1B petition and not reject a case simply because of the absence of a certified LCA. The American Council on International Personnel (ACIP) has been a staunch... »
United States: USCIS Fraud Unit Site Visits Continue
Over the last several months, employers have continued to experience unannounced site visits by U.S. Citizenship and Immigration Services’ Office of Fraud Detection and National Security (FDNS). As we have reported in previous client alerts, FDNS conducts site inspections to verify the information that employers provide in their immigration petitions. »
United States: Congress Approves Bill to Extend Expiring Immigration Programs
Congress has passed the Fiscal Year 2010 Homeland Security Appropriations Act (H.R. 2892) after approving a reconciled version of the bill as it was passed by House and Senate. Included in the bill are three-year extensions of the E-Verify program, the employment-based fifth preference (EB-5) permanent residence subcategory for foreign nationals who invest in... »
US: No Recent Change Reported in H-1B Count
As of September 25, 2009, U.S. Citizenship and Immigration Services (USCIS) reported that it had received approximately 46,700 petitions against the standard 65,000 H-1B cap and approximately 20,000 petitions against the cap exemption for foreign nationals holding U.S. advanced degrees. The agency is still accepting both standard and advanced-degree filings. »