NEWS
H-1B
Visa Interview Waiver Program is now Permanent
In January 2012, the Department of State introduced a two-year visa interview waiver pilot program. This pilot program was one of the cornerstones of President Obama’s initiative to improve and speed up the visa process for certain categories of travelers to the U.S. This pilot program has now been made permanent. According to [...]
ICE press release on Infosys Settlement Agreement
ICE press release on $34 million settlement agreement involving Infosys, an Indian consulting, technology and outsourcing company alleged to have committed systemic H-1B and B-1 visa fraud and abuse of immigration processes and also agreed to enhanced corporate compliance measures. Read the article on Infosys Settlement Agreement.
USCIS Revises Employment Eligibility Verification Form I-9
U.S. Citizenship and Immigration Services (USCIS) today published a revised Employment Eligibility Verification Form I-9 for use. All employers are required to complete a Form I-9 for each employee hired in the United States. Improvements to Form I-9 include new fields, reformatting to reduce errors, and clearer instructions to both employees and employers. [...]
BALCA Interprets Drafting of Alternative Requirements on the ETA 9089
BALCA reversed the denial, finding that the CO ignored the employer's experience requirements stated in Item H-14 and incorrectly interpreted the alternative education requirements as alternative employment requirements. (Matter of General Electric Co., 1/22/13) Read the BALCA decision. [Courtesy - AILA]
U.S. Embassy, India announces the expansion of the visa interview waiver program
The U.S. Embassy, New Delhi, India announced the expansion of the visa interview waiver program. This will allow certain Non Immigrant Visa applicants seeking to renew a visa that expired within the last 48 months to obtain a Visa without an interview. The program streamlines processing for the following: Under the current [...]
BALCA Upholds Denial for Failure to Investigate Applicant’s Qualifications
BALCA held that where a resume showed a broad range of experience, training and education, the employer had a duty to investigate the applicant given its willingness to accept a "combination of education, training, or experience." Applicant's qualifications(pdf). [Courtesy - AILA]
IRIS Changes ITIN Requirements
The Internal Revenue Service announced important interim changes to strengthen its procedures for issuing Individual Taxpayer Identification Numbers (ITINs) from now through the end of the year. Designed specifically for tax-administration purposes, ITINs are only issued to people who are not eligible to obtain a Social Security Number. Read the news release. [...]
CBP Travel Update on I-94 Data Entry Notice
Customs and Border Protection is in the process of automating traveler arrival records to streamline passenger processing. The current processing time for entering foreign visitors’ travel information into the I-94 database is 30 days or more. This does not affect the majority of foreign travelers visiting for business or leisure and will not [...]
E-Verify Self-Assessment Guide for E-Verify Web Services Users
Two new USCIS Web Manuals are available as of June 2012 for E-Verify users. These checklists will be useful to clients. M-1043 - Self-Assessment Guide For E-Verify Web Services Users M-1044 - Self-Assessment Guide For E-Verify Direct Access Users
Senator Grassley Lifts Hold on H.R. 3012
On 07/11/12 Senators Grassley entered a statement into the Congressional Record announcing that he and Senator Schumer had reached an agreement on additional H-1B enforcement provisions and was therefore lifting his hold on H.R. 3012. H.R. 3012, the Fairness for High-Skilled Immigrants Act, introduced on September 22, 2011 by Rep. Chaffetz (R-UT), [...]
Charting H-1B users, as attention shifts to L-1
A news article from ComputerWorld reports that as H-1B visa use stagnates, experts say changes to less strict L-1 could bring U.S. job losses. For sure, the H-1B occupies the center of the workforce visa debate. But there has been little effort in Congress this term to change the H-1B cap, which remains [...]
DOL Releases New FAQ on H-1B, H-1B1 and E-3 Programs
Department of Labor publishes revised Frequently Asked Questions (FAQ) for the H-1B, H-1B1 and E-3 Programs.
USCIS Issues Guidance Memorandum on Establishing the “Employee-Employer Relationship” in H-1B Petitions – Revised March 12, 2012
On Jan. 8, 2010, U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification. This was updated on March 12, 2012. Read the revised and updated Q&A on Employer-employee relationship.
New Validation tool (VIBE) Questions & Answers
Validation Instrument for Business Enterprises (VIBE) is a tool designed to enhance USCIS's adjudications of certain employment-based immigration petitions. Questions and Answers about VIBE
How to Access and Update information in the VIBE in the Event of an RFE
Validation Instrument for Business Enterprises (VIBE) is a Web-based adjudication tool used by USCIS to validate basic information about companies or organizations petitioning to employ certain alien workers. When a company or business is not found on VIBE, it may result in an Request for Evidence (RFE) Dun & Bradstreet (D&B), launched the [...]
AILA Survey and Consular Issues in H-1B Visa Issuance
This office participated in an AILA survey for the AILA/Department of State Liaison Committee for an upcoming meeting with DOS. The submission through this survey is not meant for individual case resolution, but rather is being used for an overall tracking of emerging problems and/or trends. We see definite problems with visa issuance [...]
Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
USCIS is publishing a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the [...]
USCIS Proposes Rule To Mandate Registration for H-1B Employers
This rule proposes to require employers seeking to petition for H-1B workers subject to the cap to first file electronic registrations with U.S. Citizenship and Immigration Services (USCIS) during a designated registration period. Under this proposed rule, if USCIS anticipates that the H-1B cap will not be reached by the first day that [...]
H1B and L-1 Fee Increase with Immediate Effect (8/20/10)
On Aug. 13, 2010, President Obama signed into law Public Law 111-230, which contains provisions to increase certain H-1B and L-1 petition fees. Effective immediately, Public Law 111-230 requires the submission of an additional fee of $2,000 for certain H-1B petitions and $2,250 for certain L-1A and L-1B petitions postmarked on or after [...]
AILA Requests USCIS Rescind Neufeld Memo
In a well reasoned Memo, the American Immigration Lawyers Association has requested the USCIS rescind the Neufeld Memo dated January 8th . Of particular interest is the portion about IT Consulting companies. The Neufeld Memo refers to this segment of H-1B users pejoratively as "Job Shops". In fact, there is a legitimate need [...]