A New And Scary H-1B World

As a result of increased site visits and a general inclination to decrease the number of H-1B's approved, The US Citizenship and Immigration Services (USCIS) has published a watershed memo on January 8th, 2010 (hereinafter “the Neufeld Memo”). This memo will radically change the way many H-1B's are adjudicated as well...

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Investigations of H-1B Holders in Newark

The AILA U.S. Customs and Border Protection (“CBP”) Liaison Committee received reports from AILA members that CBP inspectors at the Newark, New Jersey airport port of entry were apparently assisting in an investigation involving certain H-1B nonimmigrants from India and certain H-1B petitioner companies. The inspectors’ questi...

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Visa Stamp Fees May Go Up

The State Department has announced that it is raising visa stamp fees for non-immigrants. Effective June 4, 2010, the application fee for a U.S. nonimmigrant visa will increase from $131 to between $140 and $390 depending on the visa category. In Japan, applicants who appear for the visa interview on or after June 4 will be proce...

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No More Form I-94W

Department of Homeland Security Secretary Janet Napolitano recently announced the elimination of the paper arrival/departure form (Form I-94W) for authorized travelers from nations participating in the Visa Waiver Program (VWP)—streamlining secure travel for millions of visitors to the United States every year by consolidating the ...

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H-1B Site Visit Update

For the past few months, the U.S. Department of Homeland Security, Citizenship and Immigration Services ("CIS") has conducted an investigation program aimed at visiting H-1B petitioner worksites throughout the U.S. These site visits began as part of the CIS' goal to decrease the number of H-1B violations and instances of fraud report...

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Musings From The AILA Conference

From June 30th to July 3rd, The American Immigration Lawyer’s Association held their annual conference in Washington D.C. Here are some of the tidbits picked up for our readers. More Efficiency and Sharing between agencies We are being asked by CIS to submit the majority of our data online,...

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President Obama Signs Border Security Bill

(Updated on August 13, 2010 - President Barack Obama signed a bill on August 13, 2010 that provides $600 million in emergency funding to help secure the U.S.-Mexico Border.)  For details please . The following is the article from August 5, 2010: The Senate passed an emergency border enforcement bill Surprise...

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DOL Continues Its Enforcement Rampage

A Consulting company based in Suwanee, Georgia, Smartsoft International Inc., has agreed to pay nearly $1 million in back wages and interest to 135 nonimmigrant workers temporarily employed by the company under the H-1B visa program. DOL reached this agreement following a determination by the department's Wage and Hour Division that ...

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After Public Comment, USCIS Announces Final Rule Adjusting Fees For Immigration Benefits

On September 23, 2010, USCIS announced a final rule adjusting fees for immigration applications and petitions. The final rule follows a period of public comment on a proposed rule, which USCIS published in the Federal Register on June 11, 2010. After encouraging stakeholders to share their input, USCIS considered all 225 com...

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USCIS Reaches FY 2011 H-1B Cap

USCIS announced on January 27, 2011 that it has received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2011. USCIS is notifying the public that january 26, 2011 is the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY2011. The final recei...

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