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Immigrant Visa Numbers for China and India Employment-Based Second Preference Unavailable

In November of last year, the cut-off dates for China and India Employment-based Second Preference Category (EB2) were at November 1, 2007.  This meant that Chinese and Indian national with priority dates of November 1, 2007, or earlier are eligible to file their I-485, Application for Adjustment of Status.  Unexpectedly, over the course of a … Continue reading Immigrant Visa Numbers for China and India Employment-Based Second Preference Unavailable
May 11, 2012

USCIS Reports Latest Count of H-1B Petitions Received Toward Cap

USCIS began to accept petitions for H-1B visas that are subject to the Fiscal Year 2013 Cap on April 2, 2012.  The current annual Cap on available visas is 65,000.  Some petitions are exempt from the Cap under the advanced degree exemption.  The first 20,000 petitions received and filed for a beneficiary who has obtained a … Continue reading USCIS Reports Latest Count of H-1B Petitions Received Toward Cap
April 26, 2012

Supreme Court Hears Challenge To Arizona’s Controversial Immigration Statute

The U.S. Supreme Court (with just eight justices sitting) has held oral argument on the U.S. Department of Justice’s challenge to Arizona’s Support Our Law Enforcement and Safe Neighborhoods Act (“S.B. 1070”) in Arizona v. U.S., No. 11-182. Justice Elena Kagan is not participating in the case because she was the Solicitor General and involved … Continue reading Supreme Court Hears Challenge To Arizona’s Controversial Immigration Statute
April 26, 2012

Document Fraud in Workplace Gets A Congressional Hearing

The prevalence of document fraud in the workplace was the subject of Immigration and Customs Enforcement Deputy Assistant Director Waldemar Rodriguez’s testimony yesterday before the U.S. House of Representatives House Committee on the Judiciary, Subcommittee on Immigration Policy and Enforcement. She noted that because immigration-related crime poses a significant threat to national security and public … Continue reading Document Fraud in Workplace Gets A Congressional Hearing
April 19, 2012

USCIS Releases Information on Filed H-1B Petitions

As of April 4, 2012, USCIS has received 22,500 H-1B non-immigrant visa petitions needed to meet the regular and master’s degree caps, according to information released by the agency on H-1B non-immigrant visa petitions for Fiscal Year 2013. Approximately one-third of the petitions received are counted toward the 20,000 master’s degree cap. The H-1B regular … Continue reading USCIS Releases Information on Filed H-1B Petitions
April 9, 2012

ICE In The Easter Basket

The Obama administration is launching another round of worksite investigations. ICE officials indicate approximately 500 employers have been visited during the past couple of days by Special Agents who have requested not only the employment verification forms (Forms I-9), but also evidence of the corporate structure, contracts with subcontractors and temporary employment agencies, and payroll … Continue reading ICE In The Easter Basket
April 4, 2012

USCIS Seeks Public Comment on New I-9 Form

USCIS is seeking public comments on its proposed revised Form I-9 (Employment Eligibility Verification form). As all employers in the United States are aware, employers must complete the Form I-9 for all newly-hired employees to verify their identity and authorization to work in the United States. Highlights of the proposed changes include: • The 5-page … Continue reading USCIS Seeks Public Comment on New I-9 Form
March 28, 2012

Employment-Based Immigrant Visa Category EB-2 Going to Retrogress?

The tide seems to be turning and the EB-2 immigrant visa numbers may again retrogress for nationals of India and China. Charlie Oppenheim, Chief, Visa Control and Reporting at the Department of State, speaking at the recent AILA Midwest Regional Conference in Chicago, advised American Immigration Lawyers Association Members that he will likely retrogress India … Continue reading Employment-Based Immigrant Visa Category EB-2 Going to Retrogress?
March 23, 2012

DOL H-2B Rule Modifies Application Process, Strengthens Worker Protection; Effective April 23, 2012

Reversing many of the critical reforms initiated in 2009 that streamlined the H-2B application process, the U.S. Department of Labor has amended its regulations governing the certification of the employment of foreign workers performing temporary or seasonal non-agricultural labor or services under the H-2B visa program. The Final Rule will take effect on April 23, … Continue reading DOL H-2B Rule Modifies Application Process, Strengthens Worker Protection; Effective April 23, 2012
March 14, 2012

H-1B Employers: Prepare For Site Visits From USCIS

At a time of increasingly aggressive enforcement of immigration laws, the California Service Center of the U.S. Citizenship and Immigration Service has notified certain stakeholders that the USCIS will be ramping up “administrative site visits” in connection with H-1B petitions filed by U.S. employers. This is an effort at enhanced enforcement in response to the … Continue reading H-1B Employers: Prepare For Site Visits From USCIS
March 9, 2012

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