According to Michael Barone’s Examiner column today about immigration brings to mind interesting points. Michael concludes: My prediction is that we won’t ever again see the heavy Latin immigration we saw between 1983 and 2007, which averaged 300,000 legal immigrants and perhaps as many illegals annually. Mexican and other Latin…
This is the latest update regarding the H1B cap numbers. As of April 13, 2012, approximately 20,600 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 9,700 H-1B petitions for aliens with US advanced degrees. With respect to the H1B Cap, most people only need to be counted against the…
With a few days left before the April 2, 2012 deadline, we learned that poor filing decisions make risk your case delivery and as a result miss the H1B cap. USCIS stated that cases are considered “accepted on the date that USCIS takes possession of a properly filed petition with…
A recent USCIS Q&As, updated on March 12, 2012, provide information on establishing an H-1B employer-employee relationship. New questions include information on end-client documentation and establishing an employer-employee relationship in the consulting or staffing company context. The U.S. Citizenship and Immigration Services (USCIS) issued a memorandum ( dated January 8,…
A final rule has gone into effect allowing the U.S. Department of State (DOS) to issue L visas based on the visa reciprocity schedule. Under current regulations, L visa issuance is limited to the petition validity period, which is determined by the Department of Homeland Security and cannot exceed three…
The Department of Labor (the Department) is amending its regulations governing the certification of the employment of nonimmigrant workers in temporary or seasonal non-agricultural employment and the enforcement of the obligations applicable to employers of such nonimmigrant workers. This Final Rule revises the process by which employers obtain a temporary…
For more than a century, agriculture has been an entry point into the labor market for immigrants in the United States. Presently, close to three-fourths of all U.S. hired farm workers are immigrants, most of them unauthorized. Their unauthorized legal status, low wages, and an inconsistent work schedule contribute to…
In a previous Blog post we have updated the period of Admission for Canadian Applicants, this post will provide the latest update for Mexican Professional Applicants under NAFTA. Prior to Mexico’s accession to the U.S./Canada agreement. IMMACT90 made U.S. immigration laws more restrictive. When Congress later approved the favored relationship–NAFTA–citizens…
This is an important decision for all employers with current H1B employees. The Department of Labor’s Administrative Review Board (ARB) found that the time period it took for the employee to obtain a social security card, which the employee’s employer required for their payroll system, was “nonproductive status.” The employer…
The following article covers CBP standards for accepting L-1 petitions for Canadians under NAFTA. The standards discuss the burden of proof, package completeness, review of the petition, and submission to USCIS by CBP. With the institution of the North American Free Trade Agreement (NAFTA), the use of L-1 visas has…