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
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
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
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
Though no numbers have been published yet, USCIS announced yesterday that it has received enough H-1B petitions to meet both the standard cap of 65,000 visas and the 20,000 available visas for advanced degrees.
No suprises here. And yes, we will have a lottery again.
RH
One way to increase the odds of winning the H-1B visa "lottery", was to file multiple petitions for the same (prospective) employee. Technically it was allowed under the regulations to offer the same employee a job at different U.S. offices. Two filings meant two shots at a visa.
Alas, USCIS figured this was not really the intend of the law and will soon issue a ruling to prohibit employers from filing more than one petition. It is expected that this ruling will go in effect in time for the 2009 fiscal year filing season - which starts on April 1.
RH
Given the importance to our industry, this is a familiar topic on ReloBlogger: the 2009 fiscal year for H-1B visas (subject to the 65,000 cap) runs from Oct. 2008 through Sep. 2009. However, the filing season starts six months earlier. Thus, employers are able to file their petitions starting Apr. 1 2008.
We strongly advise employers to get ready for that date and make sure petitions arrive exactly on April Fools Day. Any earlier and the petition will be discarded. Any later, the petitioner will likely have to wait until the next fiscal year (it's fully expected that the number of filings will far exceed the number of available visas).
No joke.
RH
Early indications, following the stricter identification requirements DHS put in place this week for crossing the border into the U.S. by land, do not see much longer wait times.
It appears travelers come prepared with the right documentation (passports are best). DHS also seems to be issuing mostly warnings to those who do not have all the right identification, instead of pulling travelers out the line (which would cause more significant delays).
RH
As reported in the Star Tribune, new federal regulations taking effect today require Canadians to show a passport or driver's license and birth certificate when crossing the border. (That means that, until yesterday, a "verbal statement" was all that was required to enter the country.
Senators from different border states - those that depend on cross-border commerce - expressed their concerns that this would lead to longer wait times.
RH
