Author Archive
Fiscal Year Underway and H-1B’s Still Available
The USCIS reported October 1, 2010, that 40,600 (of 65,000) H-1B cap-subject petitions and 14,900 of (of 20,000) U.S. Master’s cap petitions have been received.
As mentioned in prior posts, the H-1B category is for individuals who wish to perform temporary work in the U.S. in positions that require a Bachelor’s or higher degree (i.e. in a specialty occupation). Each year, 65,000 slots are allotted for holders of Bachelor’s degree or the equivalent experience and 20,000 slots are allotted for U.S. Master’s degree holders (or higher), totaling 85,000 slots.
Please contact our San Francisco immigration law office if you’d like assistance filing an H-1B petition.
Tags: cap, H-1B, quota, specialty occupation
Posted in Alerts, H-1B, Nonimmigrant Visas, USCIS | Read More »
ALERT: California DMV Will No Longer Issue Interim Extensions
As of January 2010, the California Department of Motor Vehicles (DMV) has stopped issuing interim driver’s license extensions of any length using USCIS receipt notices. Previously, the DMV would allow foreign nationals with pending immigration petitions to extend their driver’s license by presenting a proper USCIS receipt notice showing they have a matter pending. This is no longer the case. An agency-wide policy has gone into effect (with no exceptions) that individuals must present a USCIS approval notice with a validity date beyond the expiration date on their current driver’s license to receive an extension.
Please contact our San Francisco immigration law firm if you have any questions about the above.
Tags: CA driver's license, DMV, extension
Posted in Alerts, Nonimmigrant Visas, USCIS | Read More »
Comprehensive Immigration Bill Introduced in Senate
Yesterday, Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced S.B. 3932, also known as The Comprehensive Immigration Reform Act of 2010. The bill makes several proposals for reform in specific areas of immigration currently plagued with dysfunction. It addresses border and interior issues, as well as worksite enforcement, legalization and the future flow of immigrants to the U.S.
With this bill now introduced, both the House and Senate have comprehensive immigration bills on the table (Congressman Luis Gutierrez introduced a similar bill in the House in December 2009). Both political parties have already recognized the need for comprehensive reform. Let’s hope they finally move from recognition to action. America’s businesses, families, and economy cannot sustain the current system much longer.
We will post any updates on this bill and the House bill as soon as they are available.
Tags: S.B. 3932, Senator Patrick Leahy, Senator Robert Menendez, The Comprehensive Immigration Reform Act of 2010
Posted in Alerts, Politics/Current Events | Read More »
Abercrombie & Fitch Required to Pay Over $1MM After I-9 Audit
The U.S. Immigration and Customs Enforcement’s (ICE) Office of Homeland Security Investigations (HSI) announced September 29, 2010 that Abercrombie & Fitch is required to pay $1,047,110 for Form I-9 violations found in November 2008.
ICE conducted I-9 inspections of several Abercrombie & Fitch retail stores in Michigan in November 2008, uncovering several technology-related deficiencies in the company’s electronic I-9 verification system. ICE found no instances where Abercrombie & Fitch knowingly hired unauthorized workers.
Each U.S. employer has an obligation to verify the employment eligibility of each of its workers and document it on Form I-9. Please contact our San Francisco Immigration Law Office if your company needs guidance in the area of I-9 compliance.
Tags: Abercrombie & Fitch, Form I-9, ICE, INA
Posted in Uncategorized | Read More »
USCIS Filing Fees Increase November 23, 2010
The USCIS will increase the filing fees on almost all immigration applications and petitions (except naturalization) beginning November 23, 2010. The final rule containing the USCIS’ new fee schedule was published in the Federal Register last Friday, September 24, 2010, and will go into effect Tuesday, November 23, 2010. Any applications or petitions filed on or after November 23, 2010 must include the new fees.
The following is a list of some of the fee changes:
1. Fees will be increased by a weighted average of 10 percent
2. There is a new fee for Regional Center Designation under the Immigrant Investor Pilot Program
3. There is a new fee to obtain Civil Surgeon Designation
4. There is a new fee for the Department of Homeland Security’s processing of immigrant visa requests
Please contact our San Francisco immigration law office if you have any questions about the new USCIS fee schedule.
Tags: Department of Homeland Security, Regional Center, USCIS filing fees
Posted in Alerts, Immigrant Visas, Nonimmigrant Visas, USCIS | Read More »
Diversity Lottery Period Opens October 5, 2010
The fiscal year 2012 (FY2012) diversity lottery application period opens October 5, 2010. Applicants can apply online at www.dvlottery.state.gov. Please note that all entries for the lottery must be submitted electronically between noon on October 5, 2010 and noon on November 3, 2010 (EST).
There are 50,000 diversity visas (DV) available in FY2012 to persons from countries with low rates of immigration to the United States. Please note that the following countries are not eligible to apply for a DV: Brazil, Canada, China (mainland-born), Colombia, Dominican Republic, Ecuador, El Salvador, Guatemala, Haiti, India, Jamaica, Mexico, Pakistan, Peru, Philippines, Poland, South Korea, United Kingdom (except Northern Ireland) and its dependent territories, and Vietnam. Persons born in Hong Kong SAR, Macau SAR, and Taiwan are eligible.
Each DV applicant must meet certain education or experience requirements. The applicant must have either a high school education or its equivalent, which is defined as successful completion of a 12-year course of elementary and secondary education, OR two years of work experience within the past five years in an occupation requiring at least two years of training or experience.
Please contact our San Francisco immigration law firm if you have any questions about the DV application process.
Tags: Department of State, diversity lottery, diversity visa, FY2012
Posted in Alerts, Immigrant Visas | Read More »
Visa Waiver Program Travelers Must Now Pay Fee
Starting September 8, 2010, Visa Waiver Program travelers applying for or renewing their travel with the Electronic System for Travel Authorization (ESTA) must pay a $14 fee by credit card in order to receive authorization. $4 of each payment will go to administering the ESTA and the other $10 is a travel promotion fee established by the Travel Promotion Act of 2009.
Tags: ESTA, Visa Waiver Program, VWP
Posted in Alerts | Read More »
H-1B Visas for Chinese Nationals Now Granted for 12-Months
The Department of State has revised the Country Reciprocity Schedule for China, which is a chart stating, among other items, the validity periods for various visa categories. H-1B visas, which were previously granted for a short period, are now granted with a validity period of 12 months. This means that H-1B beneficiaries from China can travel for up to 12 months without having to obtain a new visa.
Tags: China, H-1B, visa reciprocity schedule
Posted in Alerts, Nonimmigrant Visas | Read More »
The H-1B Category Remains Wide Open
As of September 3, 2010, the USCIS has received 36,600 (of 65,000) H-1B regular cap petitions and 13,400 (of 20,000) U.S. Master’s cap petitions. The H-1B category is a temporary work category for foreign nationals with at least a Bachelor’s degree (or the equivalent experience) in a specific specialty. An employer must petition for the individual and the job offer must require the specific degree field or a related degree field to that of the foreign national.
Each fiscal year, the H-1B category is subject to the numerical limitations above. There are many slots left for the 2011 fiscal year, which begins October 1, 2010. Please contact our San Francisco immigration law office if you need assistance with an H-1B petition.
Tags: cap, H-1B, quota, USCIS
Posted in Alerts, Nonimmigrant Visas, USCIS | Read More »
