H-1B Cap reached, lottery triggered

News Release from Jewell & Associates, PC

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) 2015. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2015 cap or the advanced degree exemption after today.

USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2015 cap-subject petitions received through April 7, 2014. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process.

USCIS is expected to provide more detailed information about the H-1B cap soon.

© Jewell & Associates, PC 2014

Citizens of Chile eligible for Visa Waiver Program from May 1

News Release from Jewell & Associates, PC

Citizens of countries participating in the Visa Waiver Program (VWP) may come to the United States as visitors for business or pleasure without first obtaining visitors’ (B-1 or B-2) visas from U.S. Consulates. They may visit for periods of up to 90 days, provided that they are eligible for admission under applicable law.

On February 28 the Secretary of Homeland Security announced the designation of Chile in the VWP. Eligible Chilean passport holders with ESTA clearance will be able to visit the U.S. without visas from May 1, 2014. There now are 38 VWP countries:

Andorra, Australia, Austria, Belgium, Brunei, Chile, Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Iceland, Ireland, Italy, Japan, the Republic of Korea, Latvia, Liechtenstein, Lithuania, Luxembourg, Malta, Monaco, the Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Slovakia, Slovenia, Spain, Sweden, Switzerland, Taiwan, United Kingdom.

Like other VWP travelers, eligible Chilean passport holders must apply for advance authorization through the Electronic System for Travel Authorization (ESTA). VWP travelers are not permitted to board a carrier to travel to the U.S. by air or sea unless they have ESTA clearance.

© Jewell & Associates, PC 2014

State Department to commence field visits across the United States in review of its J-1 (Exchange Visitor) Visa Program

News Release from Jewell & Associates, PC

The U.S. Department of State recently notified J-1-sponsoring organizations that it intends to conduct field visits of companies hosting interns and trainees on J-1 (Exchange Visitor) visas. The State Department's Exchange Visitor Program exists to foster global understanding through educational and cultural exchange. Foreign national participants in the program are issued J-1 visas in order to enter the United States, and are expected to return to their home country to share their exchange experiences when their program is complete. The State Department is planning to visit exchange visitors and their host companies across the United States as part of a review of the Intern and Trainee categories of this program. The visits will begin this month and they will be unannounced and unscheduled.

While most bad publicity about the Exchange Visitor Program has been focused on abuses of the Summer Work and Travel Program, it appears that the Department of State is implementing reviews program-wide to ensure participant safety and well-being. It is reasonable to assume that State representatives will want to talk to visitors and host company representatives about subjects at the core of the Exchange Visitor Program, including: The exchange visitors' experiences in the United States to date; how the host has introduced its visitors to American culture; the host's reasons for participating in the Exchange Visitor Program; and the new skills the host is teaching its visitors. Host companies with questions about these visits may contact their sponsoring organization for more information on what to expect.

By Christopher Beckerson and Claire Pratt. © Jewell & Associates, PC 2014 © Jewell & Associates, PC 2014

DOL online labor certification registry now live

News Release from Jewell & Associates, PC

In January the Department of Labor (DOL) announced that it would make copies of various documents submitted to it by employers available to the public in a searchable Labor Certification Registry (LCR). These include documents submitted in PERM labor certification, H-1B, H-1B1, H-2A, H-2B, and E-3 cases.

On July 1, 2013, the LCR went live, providing public access to redacted copies of documents related to these cases. For PERM labor certifications DOL will redact the employer’s and employee’s names, but not the position’s job description, minimum requirements, salary, prevailing wage, or worksite address. DOL will also not redact company contact information, such as the name of the individual listed as the company contact on the labor certification and his or her e-mail address, or information about the employer and employee’s attorney.

You can access the LCR here, and read DOL’s Federal Register notice here.

By Christopher Beckerson. © Jewell & Associates, PC 2013

H-1B Cap update – USCIS reports 124,000 H-1B petitions received

News Release from Jewell & Associates, PC

Today USCIS announced that it received approximately 124,000 H-1B petitions between April 1 and April 5. It was the first time the statutory H-1B cap of 85,000 (including 20,000 available under the advanced degree exemption) was reached within the first week of the filing period since 2008.

On April 7 USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the cap. USCIS says that it conducted the selection process for advanced degree exemption petitions first; all advanced degree petitions not selected were then made part of the random selection process for the 65,000 limit. Any petitions not randomly selected will be rejected and returned with the filing fees.

© Jewell & Associates, PC 2013

H-1B Cap reached, lottery triggered

News Release from Jewell & Associates, PC

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) 2014. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the U.S. advanced degree exemption. USCIS will not accept H-1B petitions subject to the FY 2014 cap or the advanced degree exemption after today.

USCIS will use a computer-generated random selection process (commonly known as the “lottery”) for all FY 2014 cap-subject petitions received through April 5, 2013. The agency will conduct the selection process for advanced degree exemption petitions first. All advanced degree petitions not selected will be part of the random selection process for the 65,000 limit. Due to the high number of petitions received, USCIS is not yet able to announce the exact day of the random selection process. Also, USCIS will not currently provide the total number of petitions received, as it continues to accept filings through April 5th.

USCIS will provide more detailed information about the H-1B cap next week.

© Jewell & Associates, PC 2013

U.S. Embassy in India announces new visa processing system

News Release from Jewell & Associates, PC – September 17, 2012 The U.S. Embassy in India is implementing a new visa processing system throughout the country. It will standardize procedures and simplify fee payment and appointment scheduling through a new website, www.ustraveldocs.com.

Applicants will be able to schedule appointments online or by phone. The new system will allow companies and travel agents to purchase multiple fee receipts for group travel, and it accommodates the scheduling of group and emergency appointments.

Under the new system applicants will have to make two appointments. Prior to their visa interviews, applicants will have to visit an Offsite Facilitation Center (OFC) to submit fingerprints and a photo. It is hoped that this will reduce congestion at consular facilities. Most applicants will need to visit an OFC only once.

Beginning September 26 visa applicants will be able to pay application fees by Electronic Fund Transfer, mobile phone, or in cash at a designated bank. Applicants will be able to have their questions answered by phone, email, or online chat. Call center staff will answer questions in Hindi, English, Punjabi, Gujarati, Tamil, or Telugu.

The Department of State hopes that, in conjunction with its Interview Waiver Program introduced in March, some applicants will be able to complete all visa requirements without having to visit a U.S. Embassy or Consulate.

© Jewell & Associates, PC 2012

Form I-129 Export Control Attestation Not Required Until 2/20/2011

News Release from Jewell & Associates, PC – December 27, 2010 On Dec. 22, 2010, USCIS announced that Petitioners will not be required to complete the attestation regarding export controls on the new version of the Form I-129 until Feb. 20, 2011. Please see our previous posting regarding the new Form I-129 here: /blog/?p=294. The USCIS Alert is located here: http://tinyurl.com/2dchnxk.

© Jewell & Associates, PC 2010

New USCIS Fees are in Effect and Revised I-129 Form is Live

News Release from Jewell & Associates, PC – December 3, 2010 On November 23, 2010, the USCIS activated a new fee schedule and also released a revised I-129 form.

Updated Fee Schedule

According to the USCIS, the new fee schedule raises filing fees approximately 10% on average.  Very notable for employment-based Petitioners and Applicants is the change to the premium processing filing fee which increased from $1000 to $1225.  Under premium processing a case must be adjudicated or additional evidence requested within 15 days of filing.  Premium processing went into effect in 2001 and the filing fee remained static at $1000 for the 9 years since then until this change. 

The new fee schedule can be found in a Public Release by the USCIS.  

Revised I-129 Form

The newly revised I-129 form was released by the USCIS on November 23, 2010, but the prior edition will still be accepted until December 22, 2010.  The I-129 form is used for filing a petition with the USCIS for E, H, L, O, P, Q, R, and TN statuses.  There is a basic I-129 form that is used for all applicable petitions as well as one or more supplements to attach to the I-129, depending on the requested classification.

One timely addition to the forms are checkbox attestations on the L and H Data Collection Supplements that allow a Petitioner to indicate directly on the form whether or not it is subject to the additional filing fees imposed under Public Law 111-230.   

Another timely addition is that the revised basic I-129 form and the I-129 H-1B Data Collection Supplement each include questions about whether the beneficiary will be working off-site.  Pursuant to direction from a January 2010 memo, the USCIS has issued numerous Requests for Evidence (RFEs) regarding the issues of management control of the Beneficiary and possible off-site placement in the H-1B context.  These new forms may help answer these questions up-front and reduce potential RFEs.

The revised I-129 form also requires a new Petitioner attestation regarding controlled technology or technical data that must be made for H-1B, H-1B1 Chile/Singapore, L-1, and O-1A petitions.  The export from the U.S. of certain forms of technology and data is regulated by the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).  The definition of “export” includes access of the technology or data by a foreign national, whether or not he is actively removing the property abroad.  A Petitioner must certify via checkbox on the revised I-129 form that either 1) a license is not required to release the technology or data to the foreign national or 2) that a license is required but that the Petitioner will prevent access of the controlled technology or data by the beneficiary until such a license or other authorization is obtained.  It is important to note that the attestation on the revised I-129 form does not change any prior export control laws but merely requires a Petitioner to actively attest that it is compliant with the regulations.

The revised I-129 form and instructions may be found at:  http://www.uscis.gov/i-129

© Jewell & Associates, PC 2010