The Labor Department published in the Feb. 12 edition of the Federal Register, a final rule governing the labor certification process and enforcement mechanisms for the H-2A temporary agricultural worker program. The H-2A nonimmigrant visa classification applies to foreign workers coming to or already in the U.S. to perform agricultural…
Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in…
From time to time we can provide most up to date information from different Consular Posts across the globe. The following update is from the US Embassy in Istanbul Turkey and is provided by our AILA liaison committee. Here are the questions and answers: What are the scheduling/interview waiting period…
I was recently interviewed by the Latin America News Dispatch about the current situation in Mexico and our work with E2 investors fleeing from that country. One option available to wealthy Mexicans who flee the violence in their country is to apply for an E-2 or Investor’s Visa. Since 1994,…
In recent weeks our East Coast H1B and L clients reported problems at the Newark port of entry. Problems were reported by applicants from India coming back from vacation or travel for Business. In 2 cases, workers were sent back home, visa revoked by the officer. What is going on?…
This information is available from our AILA liaison and is an important clarification for those that practice in the H2B area of law. USCIS’ and DOL’s regulations both allow for the certification of more than one position (DOL) and filing for multiple beneficiaries (USCIS) if all H-2B workers will be…
ComputerWorld reports about a New Jersey judge that has ordered the shutdown of three H-1B opposition Web sites. Middlesex County Superior Court Judge James Hurley ordered firms that register domains and provide hosting services — GoDaddy Inc., Network Solutions, Comcast Cable Communications Inc. and DiscountASP.Net, to disable the three sites,…
Some good news for visa holders that are about to loose their visa sponsored jobs or already lost the visa job. In a decision issued today by the Board of Immigration Appeals (BIA) in Matter of Neto, which empowers immigration judges who are considering deportation of individuals with approved work-related…
Some updates on H2A and H2B visas. DHS issued a notice on the identification of 39 countries whose nationals are eligible to participate in the H–2A and H–2B programs for the coming year. This notice is effective 1/18/10 and shall be without effect at the end of one year after…
After a tough December with H1B RFE’s and the Cap, on January 8th USCIS issued new requirements for H1B cases. An employer who seeks to sponsor a temporary worker in an H-1B specialty occupation, as of April 2010, will be required to establish, through documentary evidence, a valid employer-employee relationship…