USCIS recently announced that they are still accepting petitions for Fiscal Year (FY) 2010 towards the 65,000 standard H1-B quota and the 20,000 quota for holders of advanced degrees. Once USCIS has received enough petitions to meet the quotas, they will advise of the final date in which USCIS will receive petitions filed against a particular quota. A lottery will be run to determine which petitions are accepted after this "final receipt date." We will advise of the final receipt date once available.

EM

U.S. Citizen and Immigration Services (USCIS) recently announced that employers who have received funding from the Troubled Asset Relief Program (TARP) or section 13 of the Federal Reserve Act (FRA) must make "additional attestations" to the U.S. Department of Labor that they have taken good faith steps to recruit a U.S. worker for the position. U.S. workers are described as "workers other than non-immigrant aliens." These new requirements do not apply to employers who are filing for an extension of a current employee's H1-B stay.

These changes are not permanent according to USCIS, but will be in effect for any new hires on or after February 17, 2009 and before February 17, 2011.

More information can be found here.

EM

In this month's Mobility Magazine, Dr. Anne Copeland presents the findings of phase two of her "Voices From Home" study, which focuses on the impact of short-term international assignments and extended business travel on the spouses of relocating employees. (Phase one of the study focused on the impact on the employees themselves).

The study, sponsored by Full Circle and Relocation Support Services (RSS), found that the financial incentives of taking on an international assignment were not necessarily beneficial, as there were increased costs at home for child care, transportation, and household help. In addition, those employees who were coerced into accepting an assignment had a greater likelihood of having a negative experience, which meant that the family also had a negative experience at home. One positive aspect was that since the assignment was short-term, the spouse did not have to move, uproot the children, or quit their jobs.

The full article can be found here.

EM

It's almost April, which means that the H1-B filing season for fiscal year 2010 is fast approaching. Since USCIS expects more than enough petitions to reach the quota (despite the economic downturn), the computerized lottery system will be in place once again to choose which petitions will be processed to completion. It is strongly suggested that employers gather all the necessary paperwork in advance and make sure the petitions arrive on April 1, 2009.

USCIS regulations prohibit an employer from filing multiple petitions for one person, although they are permitted in certain circumstances to submit one standard petition and one advanced-degree petition for the same person if applicable.

EM

As we reported, driver's holding foreign licenses are now permitted to hold onto their home country licenses when obtaining a Georgia state license. The Georgia Department of Driver's Services website has now been updated to reflect this change.

EM

In this article by Molly Feldman and Theo Kenealy of RAI (Full Circle's sister company), the authors explore the history of how Destination Services Providers (DSPs) assisting U.S.-inbound transferees delivered services a decade ago, and how post 9/11 security increases have impacted the service delivery processes for Social Security, banking, driver's license, and utilities. DSPs must stay on top of changes in homeland security, immigration, and the real estate market to minimize disruptions in delivering their services. What has stayed the same is the focus on helping the expatriate and their family with a successful transition to the United States.

The article appeared in the January 2009 edition of Mobility and can be read here.

EM

We reported in June that starting in January 2009, travelers from the 27 countries that are part of the Visa Waiver Program (VWP) would be required to register online at least 72 hours before their departure in lieu of completing the I-94W form.

This policy has come into effect as of January 12 and the ESTA website is now up and running. It is recommended that the traveler submits their information as soon as possible as delays are expected in the review of applications, at least in the short term.

If travelers are unable to obtain ESTA clearance in the required time frame, they will be required to apply for and obtain a B-1 or B-2 business visitor's visa before coming to the United States.

EM

Great news for transferees in Georgia: as of January 1, 2009 per Georgia State Bill 488, foreign nationals can keep their home country driver's license when applying for a Georgia driver's license. They are still required to apply for the state license when they meet the requirements, however, in the past they were required to surrender their home country license. The bill further states that while driving with a foreign license, the foreign national must have in their posession a valid international driver's permit.

As of this post, the Georgia Department of Driver Services website had not yet been updated to reflect these changes.

EM

Check out this recent posting from the Relocation Journal in support of destination services, recommending them as a "low-cost, yet highly effective solution" for relocating transferees and their families. While the author believes destination services are a "must have," these are unfortunately the first programs cuts in expatriate relocation packages, especially in hard economic times.

EM

When a transferee completes an application for a Social Security number, it is recommended that they use a permanent residential address. If they have not yet secured permanent housing, they can use an address of their short-term corporate apartment but it is not recommended that they use a hotel or a business address. This is because the post office may intercept the card and shred it (due to Social Security fraud issues).

Social Security does offer another option for transferees without a residential address, which is to have the card sent to the closest Social Security field office. According to a recent audit report conducted by the Social Security's Office of the Inspector General (OIG), however, Social Security cards addressed to the field offices have not been delivered consistently.

If the transferee does not yet have a permanent residential address or is staying temporarily in a hotel, it is strongly recommended that they have the card sent to the home of a trusted colleague to ensure receipt of the card.

EG

In the September issue of Mobility Magazine, ERC publishes the results of its latest relocation trends survey . No real surprises here. According to the survey, relocation volume is down slightly from 2007 and costs are up about 20% since 2006. Employee reluctance to relocate is primarily related to finances with large numbers citing a weak housing market. Companies have reacted by making changes to their relocation policies, often with the goal of preventing increased inventory from home sale programs. 

With few exceptions, real estate markets nationwide continue to show little sign of improvement and these trends are likely to persist in the near future.

PS

If a transferee applies for their Social Security number successfully, the number is available within 48 business hours at the office where they applied. The Social Security office no longer provides Social Security numbers over the phone. This information is provided in the FAQ section of the SSA website.

Recently transferees have complained that when they go to Social Security to find out their number they have been refused due to "security measures." It seems that once again Social Security is unaware of their own rules.

It is suggested that the transferee brings all the documentation they used to originally apply when they go to find out their number, and if they are refused, they should ask for a supervisor and provide them with the Social Security policy on requesting printouts of the number.

EG

Starting next January, travelers - both business and pleasure - from the 27 countries that are part of the Visa Waiver Program (VWP) will no longer need to complete the I-94W on board the airplane.  Instead, they will be required to register online (at least 72) hours prior to their departure.

DHS is in the process of implementing the Electronic System for Travel Authorization (ESTA).  Upon registering, ESTA will determine if the individual is eligible for VWP travel.  Once approved, the ESTA application will remain valid for up to two years and allow multiple entries.  Although ESTA approval does not guarantee admissibility at port of entry, it will be more convenient for frequent VWP travelers.

ReloBlogger will provide an update once the ESTA site is up and running.

RH

Back in 2005 we stressed the importance of making sure the transferee's name on the I-94 card matches exactly with the name on the passport and visa.  This still holds true, and now for a new reason; some states (e.g. New York) will not accept a driver's license application unless the name on the I-94, Social Security card, passport and visa all match.

In the event an error has been made on the I-94, the transferee can make an appointment with a Custom and Border Patrol's Deferred Inspection Office to "fix" the name on the I-94 (and then apply for a replacement Social Security card if necessary).

If the transferee has not yet applied for the SSN, the best preventative course of action is to make sure the Social Security Administration's clerk uses the name as it appears on the passport - which is the primary proof of identity.

More details on SSA policy can be found here (A1) and here (2B).

EG

As reported back in January, Department of Homeland Security (DHS) issued their "final" rule regarding the REAL ID Act of 2005. The initial deadline for states to implement the required standards was May 11, 2008 - though the ruling did allow for states to apply for an extension. Earlier this month all 50 states received an extension and the new deadline is now December 31, 2009.  States may receive a second extension until May 11, 2011 if they meet certain DHS "benchmarks" by the December 31 deadline.

EG