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All private and public employers in Colorado must complete an employment authorization affidavit for employees hired on or after January 1, 2007.  The affirmation, which must be completed within 20 days of hire, is separate from the federal I-9 rules.  The Colorado Department of Labor and Employment’s (CDLE) new mandatory form must be used starting…

Optional Practical Training (OPT) for F-1 students is intended to provide hands-on practical work experience in the U.S., complementary to the academic program. A foreign student in F status may work for 12 months post-graduation pursuant to OPT. An additional, one-time 17-month extension may be available if the student and employer meet certain qualifications.  After…

Due to high demand, businesses must be ready to file their completed H-1B petitions on April 1. The Immigration and Nationality Act (INA) allocates 65,000 new H-1B visas each fiscal year, running October 1 – September 30.  20,000 more H-1Bs are reserved for individuals who received a master’s degree or higher from a U.S. educational…

I tend look on the bright side of things.  Although the government shutdown has halted our ability to file PERMs, LCAs and prevailing wages (to name a few) and tested our faith in the political system, I see a silver lining.  This shutdown allows a little “me” time.  It is a time to review lately…

Whether to pre-populate Section 1 of the Form I-9 has become a hot topic because of the rising use of electronic I-9 software. Section 1, Employee Information and Verification, contains basic information about the employer, such as name, address, and date of birth. I-9 software makes it easy for the employer to complete Section 1…

The United States Citizenship and Immigration Services (“USCIS”) has spent the last four years creating a one-stop shop for all laws, regulations and policy guidance it administers or promulgates.  USCIS will soon unveil “version 1.0” of its effort. The on-line USCIS Policy Manual (“Manual”) will go live at www.uscis.gov later this month.  Although the Manual…

The U.S. Embassy in India has announced that a new system for visa processing will be implemented beginning on September 26, 2012.    The Embassy’s new website, www.ustraveldocs.com/in, facilitates many of the changes and is available in English and Hindi.

The biggest change is that a new appointment will be necessary prior to the visa…

In early 2005, USCIS created the Benefit Fraud and Compliance Assessment (BFCA) program. The program was developed to “evaluate the integrity of various nonimmigrant and immigrant benefit programs” by reviewing petitions and applications for factors related to fraud.

The BFCA completed an assessment of the H-1B program in 2008. They reviewed 246 H-1B petitions drawn…