Immigration News  |
| Changes in immigration that impact your life. |
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| USCIS to allow bundled filings for L-1 petitions |
| November 07, 2011 |
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| USCIS has informed that if petitioners bundle multiple L-1B petitions related to the same project, where the location and the specialized knowledge duties of the beneficiaries are the same, USCIS will consider them together. It will also consider petitions for L-1A managers included with the bundle if such persons will be managing the L-1B beneficiaries who will be working on the project. However, each petition must be packaged separately with its own fees and supporting evidence. Petitioners can also submit more than one bundle of L-1 petitions if there is more than one specialized knowledge occupation related to a project. |
| Chennai Consulate to be the Sole Blanket L Visa Processing Center in India |
| November 02, 2011 |
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| The US Embassy in New Delhi has announced that starting December 1, 2011, the US Consulate General in Chennai will be the sole Blanket L category visa acceptance and processing center in India. Companies throughout India will be requested to send Blanket L applicants exclusively to Chennai for visa interviews. This change, however, does not affect the spouses and children of L1 visa holders. They and individual L1A and L1B visa applicants may still be processed at any US Consulate in India. Also, this centralization affects only the location for processing of L1 Blanket visas. It does not change the law or policy for visa processing. |
| ALJ approves Settlement Agreement in Prince George’s County H-1B Teachers case |
| October 12, 2011 |
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| The Office of the Administrative Law Judges (ALJ) has issued a Decision and Order approving a Settlement Agreement between the Administrator of the Wage and Hour Division, and Board of Education of Prince George’s County in the matter of violations related to teachers in H-1B nonimmigrant status. The violations listed were related to 1,044 H-1B workers employed by the St. George’s County Public Schools, most of which were most likely teachers. The terms of the approved settlement include payment of over $4.2 million in back wages, and an agreement to a two-year debarment period, and payment of a civil penalty in the amount of $100,000 conditioned on the two-year debarment. |
| DOL postpones the effective date for final rule concerning H-2B wage methodology |
| October 04, 2011 |
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| The Department of Labor has announced a 60-day postponement of the effective date for the final rule concerning the wage methodology for the Temporary Non-Agricultural Employment H-2B program, postponing the effective date from September 30, 2011 to November 30, 2011. The Wage Rule revises the methodology for calculating the prevailing wages to be paid to H–2B workers and U.S. workers recruited in connection with a temporary labor certification for use in petitioning the DHS to employ a nonimmigrant worker in the H–2B status. DOL has informed that in consideration of the two pending challenges to the Wage Rule and its new effective date, it is postponing the effective date of the rule from September 30, 2011, until November 30, 2011. |
| OFLC issues Q&As regarding delays in issuing PWD and H1B LCAs |
| September 16, 2011 |
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| On September 12, 2011, the Office of Foreign labor Certification (OFLC) issued Questions and Answers regarding the delays in issuing Prevailing Wage Determinations (PWD) and H-1B Labor Condition Applications (LCA). Reminding employers that they can obtain a prevailing wage on their own without the assistance of the NPWC, OFLC observed that DOL’s regulations provide the employer with alternative sources for obtaining a prevailing wage in support of an H-1B application. OFLC mentioned that as long as the employer provides a prevailing wage in support of its H-1B application, whether through obtaining a PWD from the NPWC or through the other listed sources, there should not be any consequences to the foreign worker on whose behalf the H-1B application was filed. |
| USCIS publishes Final Rule establishing Transitional Worker Classification for workers in CNMI |
| September 12, 2011 |
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| USCIS has recently published a final rule that establishes a Transitional Worker (CW) classification for workers in the Commonwealth of the Northern Mariana Islands (CNMI). The CW classification allows employers in the CNMI to hire nonimmigrant workers who are otherwise ineligible to work. A limited number of CW visas are available each fiscal year and the numerical limitation for FY 2011 is 22,417 and for FY 2012 will be 22,416. The final rule also provides for the grant of derivative CW status to spouses and minor children of CW workers. |
| The H1B Visa and EB-2 Green Card for Entrepreneurs and Start-up Companies |
| August 30, 2011 |
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| The recent initiatives outlined by the Obama Administration and USCIS significantly enhance the visa options that would be available to an alien entrepreneur desirous of setting up an enterprise in the U.S. and running it, both temporarily and as a permanent resident. Under these initiatives foreign entrepreneurs who want to start a company in the U.S. may now become eligible for an H1B visa or an EB-2 Green Card as entrepreneurs, if otherwise qualified. These initiatives will be extremely helpful for individuals who cannot qualify for the E-1 or E-2 visas, or the L-1 visa, or those who cannot meet the high threshold set out for the EB-5 program. |
| USCIS updates FAQs on Establishing the ‘Employer-Employee’ Relationship in H-1B Petitions |
| August 30, 2011 |
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| Under the recently announced USCIS’ initiatives to promote startup enterprises and spur job creation, USCIS has clarified that entrepreneurs with an ownership stake in their own companies, including sole employees, may be able to establish the necessary employer-employee relationship to obtain an H1-B visa, if they can demonstrate that the company has the independent right to control their employment. To clarify this issue, USCIS has updated the existing FAQs on establishing the ‘employer-employee’ relationship in H-1B Petitions. A few relevant extracts from the updated USCIS Q&As have been reproduced here for the benefit of our readers. |
| Senate Approves Strict Rules on Hiring H1-B Workers |
| February 06, 2009 |
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| The U.S. Senate agreed to set restrictions on the hiring of H-1B workers by financial services firms that receive federal bailout funds, but it didn't bar the hiring of foreign workers as proponents had sought. The amendment, part of the stimulus plan being debated in the Senate, didn't include a blanket restriction on H-1B use and instead set a series of strict standards on H-1B hiring. Any firm receiving TARP funds will be automatically considered H-1B dependent, regardless of the percentage of H-1B workers on the payroll. |
| Important Changes and Clarifications for the H1B Application Process |
| March 20, 2008 |
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| U.S. Citizenship and Immigration Services (USCIS) has issued clarifying regulations today, explaining how exactly the H1B application process will be handled this year. Some important changes have been announced to the process, including the benefit of having five business days to file the petition even if the cap runs out on the first day, prohibition on filing of multiple petitions by the same employer for the same employee, explanation of the Master’s cap and a clarification on the Premium Processing rules. |
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