By Richard Yemm, Esq.
Just when you thought you knew everything there was to know about filling out an I-9, the eagerly anticipated (at least in our office) two-page Form I-9 was finally released on Friday (March 8, 2013) amid much fanfare and excitement (in our office).. Although the old (02/02/09 and 08/07/09) versions of the form can . . . → Read More: Are Your I-9s in Order? Five Improvements to the New Form I-9 to Help Employers!
By Joseph J. Shepherd, Esq.
H-1B employers received 15,648 unannounced workplace site-visits from the USCIS Fraud Detection and National Security Directorate (“FDNS”) in Fiscal Year 2011. Here are ten tips for human resources (“HR”) personnel to help prepare for, manage, and follow up after a FDNS workplace site-visit. With a $500 Fraud Investigation fee . . . → Read More: How to Prepare For a USCIS Fraud Detection and National Security (FDNS) Workplace Site-Visit: Ten Tips for H-1B and L-1 Employers
by Jessica L. Marks, Esq.
With the arrival of April flowers and Major League Baseball’s Opening Day, the nation’s collective mind is very much on the season of Spring. But the 1st of April has always brought to mind another season for immigration attorneys and our clients: H-1B filing season.
Speculation about how long the cap-subject numbers will . . . → Read More: Cap-Subject H-1Bs for Fiscal Year 2013: A Very Short Season?
By Jessica Marks, Esq.
Many H-1B employers and workers (not to mention their immigration attorneys) breathed a collective sigh of relief last week when U.S. Citizenship and Immigration Services (“USCIS”) announced that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of . . . → Read More: USCIS Band-Aid Provides Temporary Relief for H-1B Cap Exemption Pain
On March 18, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures . . . → Read More: H-1B Cap Exemptions Based on Relation or Affiliation
The Department has posted new Frequently Asked Questions (FAQs) to assist employers and others regarding prevailing wage requests and determinations.
I submitted a prevailing wage request via the iCERT System. Should I also mail a copy of the ETA 9141 to the NPWC?
No. Please submit only one ETA 9141 per prevailing wage request. In order to . . . → Read More: DOL Updates FAQs on Prevailing Wage Requests and Determinations
The U.S. Sixth Circuit Court of Appeals, in United States of America v. John Reece Roth, recently affirmed the conviction of a university professor for violation of the Arms Export Control Act. The Defendant argued that data from a phase of the project involving testing on non-military aircraft were not defense articles or services, and . . . → Read More: Compliance Update: Export Control News
By Peter B. Bade, Esq.
What is the H-1B Cap?
What exactly is the H-1B “quota” or “cap”? Each fiscal year (October 1 through September 30), 65,000 H-1B visas are available to qualifying foreign nationals seeking employment in H-1B status. 1,400 additional H-1B visa numbers are set aside for citizens of Chile and 5,400 are set aside for . . . → Read More: H-1B Work Visas — Catch One While You Can! H-1B Visas Running Out In Days For FY2011; Time To Start Planning For FY2012
by Jessica Marks, Esq.
There is a whirlwind of issues currently affecting international medical graduates (“IMGs”), issues which will impact their ability to obtain temporary work authorization (including J-1 waivers and H-1B visas) and permanent resident status. Below is a quick update of recent developments at the state and federal levels. These issues and more will be . . . → Read More: J-1 and H-1B Physician Immigration Updates!
All 20,000 cap-subject H-1Bs allotted to graduates of U.S. Master Degree programs are now exhausted for Fiscal Year 2011. Less than 10,000 of the initial 65,000 remain for the regular cap as of December 31, according to U.S. Citizenship and Immigration Services’s website. Although the numbers have lasted longer than was true . . . → Read More: ALERT: H-1B NUMBERS DWINDLING AND EXPECTED TO RUN OUT SOON!