Last Wednesday, House Judiciary Chairman Lamar Smith (R-TX) introduced the American Specialty Agriculture Act (H.R. 2847), legislation that would replace the existing H-2A agricultural worker program with a new H-2C visa program. The new H-2C visa program would be run by the Department of Agriculture. The new program would be…
The following sample questionnaire was released by AILA for the benefit of H1B employers. U.S. Citizenship and Immigration Services (USCIS), through its Office of Fraud Detection and National Security (FDNS), has implemented an on-site audit program that subjects H-1B employers to random site visits to verify information provided in H-1B…
USCIS updated the Q & A document on employer-employee relationships for the purpose of determining H-1B eligibility. This updated Q & A follows from the memo entitled, “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements. The updated Q & A document addresses several key points of…
Recently, the USCIS Service Center Operations Directorate hosted an engagement with AILA representatives. USCIS addressed questions related to Requests for Evidence, the L-1 visa category, and court case decisions. The information below provides a review of the questions solicited by AILA regarding the increased denials in L1A cases and the…
In recent months, the L-1A visa has been under attack by Immigration. More Requests for Evidence and more denials have been forthcoming on L-1 visas than have been issued in the past. Such issues that have arisen recently include the adequacy of the employer’s office space, the nature of the…
USCIS open forum, designed to encourage open communication between USCIS representatives and AILA practitioners, was held at AILA (American Immigration Lawyers Association) Annual Conference on June 17, 2011. USCIS Director, Alejandro Mayorkas, was present to answer the questions of immigration practitioners regarding the current issues in USCIS adjudication procedures. Attorney…
USCIS released the latest H-1B visa information on June 6, 2011. As of June 1, 2011, USCIS reported that 13,600 cap petitions had been filed and 9,300 spots for U.S. advanced degree holders have been filled. On May 26, 2011, USCIS reported that 13,100 cap petitions had been filed and…
Critical update to all of you H1B job changers. Under the H-1B portability provisions, an applicant for H-1B status may begin working for the sponsoring employer immediately upon the filing of the Form I-129 Petition for Alien Worker, provided that the applicant is a “nonimmigrant” and “was previously issued a…
At a recent meeting with U.S. Customs and Border Protection (“CBP”) and AILA reps the following questions came up: The regulations at 8 C.F.R. § 214.2(e)(19)(i) state that E visa holders may be admitted for an initial period of not more than two (2) years. It has been our understanding…
TN Visa Seminar Details Start Working in the U.S. within 30 Days This tele-seminar will provide you with the information you need to start working in the U.S. It for Canadians and Mexicans who wish to work in the U.S. It’s free and informative. This will be a live web…