Archive for September, 2010
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 »
A Re-Entry Permit is Not a Guarantee of Admission
A lawful permanent resident (LPR) must present an admission document upon entering the U.S. Typically, this is an LPR card (i.e. green card). In circumstances where the LPR has remained outside the U.S. for an extended period of time (typically, 1 year or more), a re-entry permit must also be presented upon entry. This document communicates to the immigration officers that the LPR is not abandoning his/her green card by remaining outside the U.S. for a long period of time.
One common misconception about a re-entry permit is that the LPR will receive automatic admission to the U.S. by having the document in hand. Re-entry permits actually do not guarantee admission to the U.S. That is, possession of a re-entry permit does not prevent the Department of Homeland Security (DHS) from inquiring as to whether the LPR abandoned his/her permanent residency. All the re-entry permit does is prevent the DHS from relying solely on the duration of the absence as a basis for determining the LPR’s abandonment of the green card.
Please contact our San Francisco immigration law firm if you have questions about the above or need assistance with a re-entry permit.
Tags: abandonment of LPR, green card, lawful permanent resident, re-entry permit
Posted in Immigrant Visas, USCIS | Read More »
ICE Increasing I-9 Inspections
Inside sources have reported that the Immigration and Customs Enforcement (ICE) division of the Department of Homeland Security (DHS) is increasing its I-9 inspection activities. ICE recently issued a company a Notice of Inspection and Subpoena from its Chicago field office seeking 11 different immigration and employment documents over a 3-year inspection period, including lists of employees (current and terminated), quarterly wage and hour reports, hiring policies, and lists of contractors, recruiters and temporary employment agencies.
Please contact our San Francisco immigration law office if you have questions about the above or need assistance with your I-9 records.
Tags: company, corporation, employer, Form I-9, ICE, inspection
Posted in Alerts | Read More »
