News

Here are the most recent important immigration announcements we provide:
Please click on the pdf links below.

DHS Secretary announces changes
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas outlined a series of policy, operational, and outreach efforts to fuel the nation's economy and stimulate investment by attracting foreign entrepreneurial talent of exceptional ability or who otherwise can create jobs, form startup companies, and invest capital in areas of high unemployment. Click to read more

USCIS Proposes Significant Enhancements to EB-5 Visa Processing to Help America Win the Future
U.S. Citizenship and Immigration Services (USCIS) today proposed significant enhancements to the administration of the USCIS Immigrant Investor Program, commonly referred to as the EB-5 Program—transforming the intake and review process for immigrant investors as part of the Obama administration’s continued commitment to improve the legal immigration system and meet our economic and national security needs for the 21st century. .

Expanded FAQ's on Establishing the "Employee-Employer Relationship in H-1B Petitions
These FAQ's address how foreign entrepreneurs who are sole owners of their company may created the required employer/employee relationship.

Entrepreneurs may now quailfy for EB-2 preference category
Secretary of Homeland Security Janet Napolitano and U.S. Citizenship and Immigration Services (USCIS) Director Alejandro Mayorkas say that now foreign entrepreneurs may qualify for EB-2 Preference Category. Here is their FAQ sheet addressing how this is possible.

Import / Export Control Laws
There is an important USCIS update to be aware of as it relates to the adjudication of certain employment based petitions. The new I-129 Form requires you to attest to whether or not your company is subject to export control laws and, if so, whether or not your foreign workers need a license to have access to any controlled data or technology. For more information on this new requirement, click here to read more.

VIBE - Validation Instrument for Business Enterprises
The USCIS has begun to use a new tool to aid its adjudicators in verifying information about companies or organizations petitioning to employ foreign workers. Through a system called VIBE (Validation Instrument for Business Enterprises), the USCIS will verify that the information contained on a petition is consistent with that maintained in Dun & Bradstreet (D&B). To learn more about this program or learn how to verify whether your corporate information contained in D&B remains accurate, read this article.

USCIS Announces Proposed H-1B Electronic Registration System to Reduce Costs for U.S. Businesses
U.S. Citizenship and Immigration Services (USCIS) is publishing tomorrow a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

Construction causes delay for Visa stamps in Mumbai, India
Partial Reduction in Visa Operations at U.S. Consulate, Mumbai March 3, 2011. Click this article for instructions to speed the process.

USCIS to issue single EAD and AP card
U.S. Citizenship and Immigration Services (USCIS) announced that under certain conditions they will issue a single card for Employment Authorization and Avance Parole travel.

FAQs for Single EAD and AP card
U.S. Citizenship and Immigration Services (USCIS) provides FAQs for single EAD and AP card.

2011 H-1B CAP reached 26 January 2011
U.S. Citizenship and Immigration Services (USCIS) announced 26 January that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011.

USCIS Announces Final Rule Adjusting Fees for Immigration Benefits
On 23 September, 2010, the U.S. Citizenship and Immigration Services (USCIS) announced a final rule adjusting fees for immigration applications and petitions. The final rule will increase overall fees by a weighted average of about 10 percent but will not increase the fee for the naturalization application. The final rule will be published in the Federal Register on September 24 and the adjusted fees will go into effect on November 23, 2010.

New Consular Fees in effect as of 13 July 2010
On June 28, 2010, the Department of State published its Schedule of Fees for Consular Services in the Federal Register. The schedule includes fees for passports, immigrant visas and other consular services. The changes will take effect on July 13, 15 days after publication in the Federal Register.

USCIS Redesigns Green Cards for Permanent Residents.
U.S. Citizenship and Immigration Services (USCIS) announced today that it has redesigned the Permanent Resident Card - commonly known as the "Green Card" - to incorporate several major new security features. The Green Card redesign is the latest advance in USCIS' ongoing efforts to deter immigration fraud. State-of-the-art technology incorporated into the new card prevents counterfeiting, obstructs tampering, and facilitates quick and accurate authentication. Beginning May 2010 the USCIS will issue all Green Cards in the new, more secure format.

USCIS issues directives on types of employer / employee relationships that are required for H-1B approval specifically as it relates to IT contractors.
U.S. Citizenship and Immigration Services (USCIS) issues a memo clarifiying the specific relationship that must exist between an employer and its H-1B employees. These issues are relevant to all employers but may constitute significant changes for firms that hire consultants and then place these consultants at third party sites.

FAQ's for the above referenced memo
U.S. Citizenship and Immigration Services (USCIS) issues a short list of FAQ's relating to their updated guidance memo to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.

FY 2010 H-1B Cap reached 21 DEcember 2009
U.S. Citizenship and Immigration Services (USCIS) announced today that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010. USCIS is hereby notifying the public that Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010.

Worldwide deployment of the DS-160
In an ongoing modernization of the visa application process, The Department of State (DOS) will deploy the DS-160 fully web-based nonimmigrant visa (NIV) application form worldwide. The new form is to be used for all NIVS except K’s by April 30, 2010. The DS-160 replaces the Electronic Visa Application Form (EVAF). The DS-160 application form combines all information previously collected on the DS-156, 157, and 158 for appropriate applicants, and the DS-3052.

Fall 2009 Newsletter
Our Fall 2009 Newsletter contains articles concerning relevant subjects like: Is you attorney unresponsive? How to prepare for unannounced H-1B site audits. Innovative solutions in difficult immigration times. A review of Family-based Green Cards and informative topics from the Lawyer's desk.

ISS' Practice Advisory concerning H-1B Fraud Investigations and Site Visits
The USCIS' office of Fraud Detection and National Security is conducting unannounced site visits to assess compliance with filed or approved H-1B petitions. This advisory provides general guidance regarding appropriate strategies and procedures for dealing with these visits.

USCIS launches improved website to help customers navigate the immigration system and remain up-to-date regarding their case status
USCIS launches its E-Notification initiative for immigration applications and petitions filed at one of three USCIS Lockbox facilities in Chicago, Phoenix, and Lewisville, Texas. If you file your USCIS applications and/or petitions at one of these facilities, you will have the option to receive an e-mail and/or text message informing you that USCIS has accepted your application or petition.

Pending Employment-Based Form I-485 Inventory
U.S. Citizenship and Immigration Services (USCIS) posts a series of Questions and Answers regarding the excessive delays in the issuance of Permanent Resident Petition approvals (Green Cards).

E-Verify Federal Contractor Rule Effective 9 Sept 2009
U.S. Citizenship and Immigration Services (USCIS) is reminding federal contractors and subcontractors that effective today, they may be required to use the E-Verify system to verify their employees’ eligibility to work in the United States if their contract includes the Federal Acquisition Regulation (FAR) E-Verify clause.

USCIS reopens H-2B filings for 2009!
On 8/6/09 USCIS announced that it has reopened the fiscal year 2009 H-2B petition filing period and will immediately accept petitions.

DOL publishes statistics demonstrating slowdown
U.S. Department of Labor (DOL) publishes statistics demonstrating a significant slowdown at the DOL in approving new cases.

USCIS Announces New Requirements for Hiring H-1B Foreign Workers
U.S. Citizenship and Immigration Services (USCIS) today announced additional requirements for employers, who receive funds through the Troubled Asset Relief Program (TARP) or under section 13 of the Federal Reserve Act (covered funding), before they may hire a foreign national to work in the H-1B specialty occupation category.