There are many bars to changing status and adjusting status, and overstaying the visa is not the only problem. Unlawful employment can create several problems when one seeks to adjust status in the US. Unlawful employment occurs quite frequently when the line between being a visitor for business and actual…
Slightly sooner than expected but the H1B cap was reached today. U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that yesterday, Jan. 26, 2011, is…
U.S. Citizenship and Immigration Services (USCIS) announced that as of January 21, 2011, it has received 62,800 H-1B petitions counting toward the congressionally-mandated 65,000 limit. Congress has established an annual fiscal year limitation of 65,000 on the number of available H-1B visas, commonly referred to as the “H-1B cap.” Under…
Great update from AILA border Liaison for the benefit of our readers. Although Canadian nonimmigrants are largely visa-exempt, the non-Canadian dependent of a principal Canadian must be issued a visa to present for inspection and admission to the U.S. Visa issuance for L-2 non-Canadian dependents of L-1 beneficiaries whose petitions…
In this Bog article we discuss the very unfamiliar area of H3 visas for the Hospitality Industry. The very talented attorney Kate Powell from our office has been very successful in crafting and getting approved numerous such cases, and her summary is presented below. The H-3 nonimmigrant visa category is…
I previously reported on changes to the H2B visa program. This is a notice on the identification of foreign countries whose nationals are eligible to participate in the H-2A and the H-2B nonimmigrant worker programs. The notice becomes effective when it is published in the Federal Register on 1/18/11. Under…
Yes we still have H1B visas available. U.S. Citizenship and Immigration Services (USCIS) announced that as of December 31, 2010, it has received 57,300 H-1B petitions counting toward the congressionally-mandated 65,000 limit. Congress has established an annual fiscal year limitation of 65,000 on the number of available H-1B visas, commonly…
As Lawyers specializing in Investment visas we often get questions from clients about the amount of investment needed for an E2 visa and what money can be used to invest. The source of the funds is a key determination for any successful E2 case. The E2 visa is a special…
We recently learned that USCIS is planning to publish proposed rule to establish a mandatory, Internet-based, electronic registration process for U.S. employers seeking to file H-1B petitions for workers that are subject to either the 65,000 or 20,000 annual numerical limitations. This rule proposes an electronic registration program for petitions…
In light of the increase in RFEs focused on the employer-employee relationship, right to control, and availability of “qualifying employment” at third-party worksites, here are some suggestions in order to maximize the likelihood of securing a three-year H-1B extension for petitions involving placement at third-party worksites: 1. Submit a certified…