The Department of Labor (DOL) has proposed substantial revisions to Form 9035 (and its instructions), Labor Condition Application, which is used to support a number of employment-based visas, including H-1B, H-1B1 and E-3. The proposed changes to the form are significant in many respects -- the government now requires all LCA beneficiaries (up to 10 [...]
We have been monitoring developments around the H.R. 3012 legislation aimed at removing the per-country annual limits for the immigrant visa categories. We have written extensively in the past and many of our clients and readers are very interested in any developments with H.R. 3012 because of its wide (and significant) impact on employment-based immigrant [...]
The Brookings Institute has completed and released an interesting report (PDF document, accompanied by interactive charts) on the H-1B program. The report aims to provide a deeper analysis of the H-1B program and to understand the issues and the competitive advantages (or lack thereof) of one of the H-1B work visa which is the most [...]
The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2013 (FY2013) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is Monday, April 2, 2012. About the H-1B Program and the Annual Cap The H-1B visa category was created in [...]
The Government Accountability Office (GAO) has published a January 2011 report on the H-1B program. The GAO has produced a a comprehensive, 118-page, report which is intended to provide guidance to Congress with respect to amending or tweaking parts of the H-1B program. The conclusion of the report is that certain reforms are needed for [...]
As many of our clients and readers know, the H-1B program allows stay in the U.S. on H or L status of up to six years. Time spent abroad during this period may be "recaptured" and added towards the six years of H-1B time. However, many foreign nationals who are not eligible to extend their [...]
The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2011 (FY2011) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is April 1, 2010. About the H-1B Program and the Annual Cap The H-1B visa category was created in 1990 [...]
The American Immigration Lawyers' Association (AILA) has provided some guidance and information from Customs and Border Protection (CBP) at the Newark, New Jersey airport. Background Starting in December of 2009, our office has been receiving alerts from current and prospective clients about a number of incidents where holders of valid H-1B stamps were questioned and, [...]
Over the past months we have written extensively about the issues raised by today’s Wall Street Journal article “Slump Sinks Visa Program” but it is still an interesting read. Most of our readers are aware of the current H-1B quota and the fact that a substantial number of H-1B visas still remain available (for comparison, [...]