H-1B Cap Reached
As expected, USCIS announced earlier today that it has received enough H-1B petitions to meet the cap for fiscal year 2009. The 20,000 H-1B cap for holders of advanced degrees has also been reached.
List of OPT STEM Degrees
We have received many inquiries in connection with the OPT extension to 29 months for holders of STEM degrees (non-STEM degrees also get some relief under the new OPT rule). One of the questions asked most often is, "How do I know if my degree is a STEM degree?" This article provides the answer to this question.
F-1 OPT Extension Rule Details and Effective Date
We are happy to report that the OMB review of the proposed OPT extension rule has been complete and that the rule is expected to be published in the Federal Register during the week of April 7, 2008, at which time of publication the rule becomes effective. The new OPT rule brings great relief to many students or OPT holders who are in a difficult position because of the timing of the H-1B filing season and the expiration of their OPT.
Re-Entry Permit Biometrics – Expedited Processing
For green card holders who plan to be outside of the U.S. for six months or more and less than two years, the re-entry permit procedure now requires biometric processing. There are steps which can be followed to expedite the biometric processing.
Slovakia, Hungary and Lithuania to be Added as Visa Waiver Countries
In a Memorandum of Understanding, the Department of Homeland Security (DHS) is one step closer to adding Slovakia, Hungary and Lithuania as Visa Waiver Program (VWP) countries. This comes after DHS signed similar agreements with Estonia and Latvia earlier in March 2008.
USCIS Plans to Eliminate Backlog of FBI Name Checks
The USCIS and the FBI announced yesterday, April 2nd, a joint plan to eliminate the backlog of name checks pending with the FBI. The plan will look at the age of the pending name check and prioritize accordingly.
Proposed OPT Extension – Relief for F-1 Holders
A proposed rule is under review which would allow F-1 visa holders to obtain optional practical training (OPT) for 17 months (compared to 12 currently) and which will be a great relief to F-1 visa holders seeking to obtain H-1B or other labor immigration status after completing their studies.
FedEx Service Disruption
We have received some inquiries from clients regarding the FedEx service disruption and how it may affect the H-1B filings. We wanted to address the issue and hopefully allow concerned H-1B petitioners that the disruption should not affect their petition.
H-1B Visa Filing Date and Lottery – We Are Available for Comments
With the H-1B filing date upon us, we have seen an increased amount of inquiries from companies, press organizations, legislative and not-for-profit entities seeking comments on the upcoming H-1B work visa lottery and the broader economic impact of the current labor immigration landscape. Please contact us if you need comments from immigration attorneys who specialize in labor immigration.
The “Visa Roulette” Begins Tomorrow
The annual H-1B filing season starts tomorrow, April 1st, and employers and employees who have applied for an H-1B visa are hoping for low numbers of applications. Unfortunately, preliminary sources suggest that even though the U.S. economy is slowing down, there are many sectors which are still running strong and the demand of H-1B visas is expected to be as strong as ever.