The Department of Homeland Security ("DHS") Office of Inspector General ("OIG") has released a report on the L-1 visa program after a thorough analysis of the program, its weaknesses and opportunities for improvement. The report makes a number of recommendations to DHS on how to strengthen the L-1 visa program by making more robust review [...]
USCIS has just announced that petitioners will not be required to complete Part 6 of Form I-129 containing the export controls/ITAR questions until February 20, 2011. In a response to stakeholder inquiries and concerns of proper implementation, USCIS has agreed to the delay in implementation in order to give petitioners time to establish the [...]
We wrote extensively in the past for the planned and the announced USCIS fee increase which is set to take effect on November 23rd for all applications filed or postmarked on or beyond this date. For some filings, the fee increase is very minor (and for some there is even a fee decrease!). However, due [...]
We wrote earlier in the summer about USCIS' plans and proposed rule to increase certain filing fees. The final rule was published a few days ago in the Federal Register and the new increased filing fees are set to go into effect on November 23, 2010. Increases (and a few decreases) in USCIS Filing Fees [...]
Many of our readers and clients are aware of the recent developments with respect to the "border security bill" passed by Congress and recently signed by President Obama into law (Public Law 111-230). What Are the New H-1B and L-1 Filing Fees? Effective immediately, Public Law 111-230 requires the submission of an additional fee of [...]
USCIS published a notice in the Federal Register with proposed changes to Form I-129 which is used for H-1B, L-1, TN, among other visa type filings. Please see the DRAFT proposed Form I-129 (and draft instructions). The proposed changes are significant and are likely to impact most, if not all, employers who file Form I-129. [...]
In a formal recommendation to USCIS, its Ombudsman has reviewed the current H-1B filing requirements with respect to LCAs and has concluded that changes to the LCA/H-1B filing process are necessary to avoid a number of negative consequences prejudicing employees and employers alike. The drive behind this policy review by the USCIS Ombudsman is a number [...]
The H-2B filing period for fiscal year 2009 (FY2009) has been reopened by USCIS due to insufficient applications filed under the cap. Accordingly, USCIS accepts immediately new H-2B petitions under the FY2009 cap for starting work date before October 1, 2009. FY2009 H-2B Numbers Are Under the Quota On January 7, 2009, USCIS announced that it has [...]
We have written before about the H-1B quote of 65,000 which opens on April 1, 2008 for starting employment date of October 1, 2008. We anticipate that the entire quota will be used on the first day of the filing, therefore it becomes important to make sure the filing is done correctly.