NEWS
President Signs S.3245 into Law, Extending EB-5 Regional Centers, E-Verify, Religion Workers, and Conrad State 30 J-1
"On Friday, September 28, 2012, the President signed into law S. 3245, which extends to September 30, 2015, the expiration dates of key requirements of four immigration programs administered by the Department of Homeland Security: the EB-5 Regional Center Program; [...]
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 - [...]
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 [...]
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 [...]
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 [...]
SEVIS Accepts Virginia University Application for SEVP Program
ICE press release announcing that the Student & Exchange Visitor Program (SEVP) has accepted the University of Northern Virginia's application for new Designated School Officials. Nonimmigrant students who require action may now contact the school directly with requests. http://www.ice.gov/sevis/alerts/unva.htm
ICE Expands STEM List
DHS announced an expanded list of science, technology, engineering, and math (STEM) designated-degree programs that qualify eligible graduates on student visas for an optional practical training (OPT) extension. This announcement builds on a series of administrative reforms designed to further [...]
USCIS Provides New Online Study Materials for N-400 English Test
USCIS has provided a new online resource page providing new videos, publications, and practice tests aimed at helping people prepare for the English language test portion of the form N-400 eligibility interview. Get the Naturalization Study Materials for English Test [...]
USCIS Q&As on Extension of OPT and Cap-Gap Regulations
USCIS Q&As, updated 3/29/12, on post-completion optional practical training (OPT) and F-1 status under cap-gap regulations that permit the automatic extension of F-1 student status for certain students with pending or approved H-1B petitions. Extension of OPT and Cap-Gap regulations
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 [...]
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. [...]
R-1 Visa Memorandum
This memorandum provides instruction to Immigration Service Officers who adjudicate R-1 nonimmigrant petitions for aliens who are coming to the United States temporarily to perform religious work, and their dependents. This memorandum outlines the procedure to be used for recapturing [...]
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 [...]
Significance of Establishing a Priority Date
During the entire Green Card process, the Priority Date (PD) assumes special significance. It is this date that is used to determine when an applicant may file for Adjustment and finally adjudication to become a permanent resident. In PERM based [...]
New Proposed Rule Will Offer Longer L-1 Validity Periods based on Reciprocity Schedules
Why is the Department promulgating this rule? Current Department regulations require that L visa duration be limited to the validity period of the petition, which, under Department of Homeland Security (DHS) regulations, cannot exceed three years. Petitioners may apply to [...]
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 [...]
Office of Special Counsel Issues Best Practices during Worksite Enforcement Audits
Employer Best Practices During Worksite Enforcement Audits DO Develop a transparent process for interacting with employees during the audit, including communicating with employees that the employer is subject to an ICE audit. Provide all workers with a reasonable amount of [...]