To lend H-1B sponsors a helping hand this cap season, we’ve enlisted the assistance of VISANOW-affiliated attorney Karen Gillespie. Each month in our attorney Q&A series, she’ll answer questions to help you prepare a strong work visa petition.
In an overwhelming majority, the U.S. House of Representatives passed a bill tightening security restrictions of the Visa Waiver Program. Currently, nationals from 38 countries may travel to the United States for 90 days without obtaining a visa, however, the bill aims to add restrictions to countries deemed “high risk.”
U.S. Citizenship and Immigration Services (USCIS) expanded the H-2A Temporary Agricultural and H-2B Temporary Nonagricultural visa programs. Beginning Jan. 18, nationals from 16 countries, including Andorra, Belgium, Brunei, Colombia, Finland, France, Germany, Greece, Lichtenstein, Luxembourg, Malta, Monaco, San Marino, Singapore, Taiwan and Timor-Leste, will be eligible to apply for temporary work visa sponsorship.
The U.S. Department of State (DOS) released its December 2015 Visa Bulletin. However, the format of the bulletin has recently changed. Going forward, the DOS will publish the updated Visa Bulletin each month, and U.S. Citizenship and Immigration Services (USCIS) will issue a subsequent announcement one week later, informing foreign nationals if they may use the Dates for Visa Application charts or not. For more information, read Introducing the new Visa Bulletin.
Due to the uncertainty of H-1B cap season, U.S. employers can’t control whether or not their foreign nationals’ petitions are selected in the lottery. However, there is one controllable factor that can negatively affect companies this cap season — how early the visa application is prepared.
Citizenship and Immigration Canada (CIC) now requires Canadian employers requesting work permits that are exempt from the Labour Market Impact Assessment, such as NAFTA, intra-company transferees, C10 Significant Benefit and others, to submit FORM IMM5802 via its newly established Employer Portal.
The Department of Homeland Security (DHS) published a proposed rule in response to an August court decision that invalidated the 17-month extension of the F-1 Optical Practical Training (OPT) program for science, technology, engineering and mathematics (STEM) students.
U.S. Citizenship and Immigration Services (USCIS) implemented an additional step to the green card process. Beginning with the November 2015 Visa Bulletin, if there are more immigrant visas available for the fiscal year than known applicants, USCIS will issue an update. It will inform applicants that they may use the Dates for Filing Visa Applications chart to ascertain if they may file Form I-485 (Application to Register Permanent Residence or Adjust Status). This determination will be published one week after the Department of State (DOS) releases the Visa Bulletin.
On Sept. 30, Congress failed to renew Public Law 111-230 (the 50/50 fee). Enacted in August 2010, the 50/50 fee mandated companies with more than 50 employees based in the United States and more than 50 percent of workers employed under a nonimmigrant visa status to pay an additional fee — $2,000 for H-1B and $2,250 for L-1 applicants.
President Obama signed a Continuing Resolution that extended the EB-5 Immigrant Investor Program (also called regional center program) and funded the government through Dec. 11. The program, which was scheduled to expire Sept. 30, allocates green cards for investors in regional centers designated by U.S. Citizenship and Immigration Services based on proposals for promoting economic growth.
