Premium Processing for I-140s Expanded

About 6 months ago, USCIS made premium processing available to certain cases where the I-140 beneficiary is in danger of  H-ing out. (Our original stories.)  USCIS has just announced that it is expanding the I-140 premium processing program.  Currently, only beneficiaries who are in H-1B status at the time of  the filing of the I-140 [...]

Stimulus Bill, TARP Companies and H-1Bs – Summary

A week after the Stimulus Bill was signed into law and the dust has started to settle, we have compiled a summary of the key points of the Stimulus Bill’s restriction on TARP-recipient companies to issue new H-1B visas.   The law became effective upon the stimulus bill’s enactment, February 17, 2009. It is important to [...]

Clarification on H-1B Transfer After Layoff

In late January we wrote an article which described the immigration implications and options available to H-1B workers who have been laid off or otherwise terminated from their employment.  Our article was prompted by a Vermont Service Center (VSC) AILA Liaison guidance and has generated a fair amount of interest and comments.
Work Allowed While H-1B [...]

2010 H-1B Cap Season Is Underway – Contact Us Now

About the H-1B Visa and the Annual H-1B Cap
The H-1B visa is one of the most commonly used U.S. work visas for highly skilled foreign born workers in fields such as information technology, engineering, research, academia, and others.  The H-1B visa is both highly desirable and, unfortunately, in short supply.
The H-1B visa category was created [...]

Final Stimulus Bill to Restrict TARP Recipeints From Issuing New H-1B Visas

The final version of the stimulus bill, The American Recovery and Reinvestment Act of 2009 (H.R. 1, S. 1), was passed by the Congress late on Friday. The final version of ARRA included Senator Sanders’ amendment and the final version which is expected to be signed into law by President Obama on Tuesday, February 17th, will restrict [...]

DOL Explanation of PERM Delays

Last week we wrote about the substantial delays in PERM processing.  We have received numerous responses, inquiries and reactions from companies and immigrants who are concerned by this trend.  According to DOL:
[T]he delay was due to change in contractors and the subsequent period of hiring and training new contractor staff for the Atlanta National Processing [...]

Amid Layoffs, DOL Increases Scrutiny on PERM Filings

In addition to the substantial delays in PERM processing, the Department of Labor (DOL) has indicated that in light of the substantial layoffs and increased unemployment, it would impose a heavier scrutiny on PERM labor certification applications which are the first step of any green card process.
In a response to a question posed at a [...]

March 2009 Visa Bulletin – Not Much Movement

The March 2009 Visa Bulletin has been released.  Unfortunately, even though there is some forward movement in some EB categories, the progress is very small.  Many important categories have not moved forward at all this month.

EB-1 remains current across the board.
EB-2 China moves forward by 45 days to February 15, 2005.  EB-2 India moves forward [...]

Senate Version of Stimulus Bill to Restrict H-1B Visas for TARP Recipients

Today, Tuesday, February 10, the U.S. Senate is expected to vote and approve a version of the Stimulus Bill which President Obama has been pushing very hard over the past weeks.  The version of the Stimulus Bill contains a provision which would automatically and for a period of two years make all employers who are [...]

List of H-2B Eligible Countries

The Federal Register has published a rule (73 FR 77729, 12/19/08) pursuant to which nationals of the following countries can apply for H-2B visas:
Argentina;
Australia;
Belize;
Brazil;
Bulgaria;
Canada;
Chile;
Costa Rica;
Dominican Republic;
El Salvador;
Guatemala;
Honduras;
Indonesia;
Israel;
Jamaica;
Japan;
Mexico;
Moldova;
New Zealand;
Peru;
Philippines;
Poland;
Romania;
South Africa;
South Korea;
Turkey;
Ukraine;
United Kingdom.
It should be noted that individuals already holding H-2B visas are not affected by this rule.