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H-1B Visa Quota Update: Slow and Steady…

…shows a struggling economy?

Each week the USCIS updates its statistics on how many H-1B visa applications have been received towards the annual H-1B visa cap. Last week’s update showed that 29,000 applications have been received towards the normal H-1B visa cap of 65,000, and 15,800 applications have been received towards the master’s degree cap …

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H-1B Visa Update: H-1Bs Still Available

Each year, the H-1B visa has a quota of 65,000. Because of the limited number available, the USCIS does not begin accepting applications for the visa until April 1st of each year. Currently, the USCIS has received only 20,500 applications towards the allowed 65,000. Additionally, the USCIS has received only 12,800 applications towards the 20,000 …

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Immigration Myth: H-1B Visas Grant Permanent Residency In the United States

While listening to the general debate that is being had throughout the United States, it is surprising to hear so many correspondences and interlocutors imply that the H-1B visa gives a foreign national permanent residency in the United States. If you asked a normal American whether the H-1B visa granted permanent residency in the United …

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DOL Updates Foreign Labor Certification’s Online Wage Library

The Department of Labor (DOL) has updated it’s Foreign Labor Certification Data Center’s Online Wage Library. The Online Wage Library is used in many employment-based immigration cases, including the H-1b visa. The wage library provides average salaries for workers throughout the country, and is broken down by metropolitan area, employment position, and experience . If …

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H-1b Immigration Testimony Before House Subcommittee

On March 31, the House Subcommittee on Immigration Policy and Enforcement held hearings concerning the H-1B visa. The hearing was entitled

“H-1B Visas: Designing a Program to Meet the Needs of the U.S. Economy and U.S. Workers,” and can be viewed on the House’s website.

Speakers at the hearing included:

 

Bo Cooper

Former INS …

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H-1B Season off to a Slow Start

On April 1st, the USCIS began accepting H-1B petitions for the 2012 fiscal year. In past years, the USCIS received more applications in the first few days of April than it had visas available for the entire year. However, this year, the USCIS has reported that it has only received 5,900 applications towards the 65,000 …

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H-1B Visa Application Season Begins April 1st

Although it hasn’t had the same meaning during the last few years, the H-1B Visa application season begins April 1st. That date marks the first date on which employers can petition for workers to begin working during fiscal year 2012. Thus, those that apply on April 1st can begin working on October 1, 2011 – …

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USCIS Changes H-1B Cap Exemptions Policy Based On Relations and Affiliations

The H-1B visa cap has been reached for the current year. However, the cap does not apply to certain groups of H-1B visa applicants. One such cap exempt group is potential workers at institutions of higher education.

Further, after prodding from businesses and other shareholders, the USCIS has begun to review its policy on whether …

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USCIS Proposes H-1B Visa Lottery

The USCIS has announced that it plans to implement a system that would allow for H-1B visa seeking companies to “pre-register” for an H-1B before beginning the process of completing an H-1B visa application. The change is a significant step forward as the change is expected to save U.S. companies $23 million in the next …

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Alternatives To H-1B Visa

Now that the H-1B Visa cap has been met, potential employees and employers must find another means of obtaining work authorization. The following is a list of potential options, however it is not exhaustive. If you are in need of an alternative immigration visa, please contact an immigration lawyer to discuss your options further.

Option …

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Immigration Form I-129 Now Requires Answer To Export Control Question

Late last year, the USCIS introduced a new I-129 form for employers who seek to hire noncitizen workers. Among the changes in the form was a required certification that employers were required to make concerning compliance with the U.S. export control laws. Soon after announcing the new export control certification, the immigration agency yielded to …

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H-1B Happenings: GAO Report and Questioning H-1B Fee Legality

The remaining H-1B visas that are available for the year are quickly dwindling. Most likely they will be completely gone within the first week or two of February. As this years H-1Bs reach exhaustion, it is a useful time to step back and look at the H-1b program in general. Two recent reports do just …

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USCIS Proposes Pre-Registration for H-1B Registration

The USCIS has proposed that it will create a mechanism that will allow companies interested in obtaining the H-1B visa to “pre-register” before the H-1B Cap Date (on April 1st each year). If enacted, the proposal will limit the expense of both the USCIS and employers.

Currently, H-1B employers must complete a full petition before …

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USCIS Delays Implementation of Export Control Questions on I-129

The USCIS has delayed its implementation of section 6 of the new I-129 immigration form for temporary workers in the United States. The new form version was made mandatory for any petition submitted after December 23, 2010. However, due to concerns about the ability of companies to set up internal controls for answering the questions …

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New I-129 Form In Use For Nonimmigrant Workers

As of today, all nonimmigrant workers who must file the I-129 form must use the new version of the form. This new form is different than previous forms in that it asks additional questions of applicants and the petitioning company or entity. One set of additional questions concerns whether the petitioner will comply with export …

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