The Department of State reportedly has confirmed that starting August 29, 2016, U.S. consular posts (i.e., embassies, consulates general, and other U.S. missions abroad) will accept only USCIS’s new, June 2, 2016, version of Form I-129S from L-1 nonimmigrant intracompany transferees. This is in line with USCIS’s prior announcement, at www.uscis.gov: “Starting 08/29/2016, USCIS
Temporary (Non-immigrant) Work Visas
DOL Judge Says Flagging Economy Insufficient Basis to Relieve H-1B Employers of Wage Obligations
By Forrest G. Read IV on
Employers employing foreign nationals in H-1B nonimmigrant visa status must pay their H-1B employees the wage specified on the Labor Condition Application (LCA) certified by DOL, regardless of whether the H-1B employer is enduring difficult economic or financial periods due to struggling national economy, an Administrative Law Judge for the Department of Labor has ruled…
State Department May Revoke Visa for DUI Arrest without Determination of Guilt
By Minnie Fu on
Individuals who hold nonimmigrant visas in the U.S. are likely to face severe consequences if arrested for Driving Under the Influence (DUI) or a related offense, based on the recently released guidance from the U.S. Department of State (DOS).
Earlier this year, DOS made public all unclassified content in Volume 9 of its Foreign Affairs…
Beware of Limits on Workers in U.S. on Tourist Visa
By Michael H. Neifach on
Noting media reports that up to 200 foreign workers hired by a Tesla contractor were able to come to the United States in tourist visa status to perform work at a construction project at a Tesla Motors Inc. paint facility in the United States, Senator Charles Grassley (R-IA) sent a letter, dated June 7, 2016,…
Federal Court Judge Quashes Challenge to Revised Visa Bulletin Dates
By Sean G. Hanagan on
Posted in Temporary (Non-immigrant) Work Visas
A U.S. District Court in Seattle has ruled that the U.S. Department of State’s Visa Bulletin which governs how immigrant visas subject to numerical limitations are allocated, and indicates when intending immigrants may apply for the last stage of the permanent visa process is not a final agency action or decision and, therefore, cannot be…
Recent Policy Change to Permit Entry of Cohabiting Partners?
By Jackson Lewis P.C. on
Posted in Temporary (Non-immigrant) Work Visas
Consider the dilemma of the newly drafted NHL hockey player from Canada. After signing his Standard Player Contract, obtaining his P visa, and loading up his gear and heading to the border with his long time girlfriend alongside to begin training camp, both are stopped at the border. The immigration officer inquires of the girlfriend…
USCIS Accepting H-1B Applications for FY 2012
By Jackson Lewis P.C. on
Posted in Temporary (Non-immigrant) Work Visas
It is H-1B season again. The United States Citizenship and Immigration Services officially announced today that they are accepting H-1B applications for FY2012. U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers.
Cases will…
Drastic Change in EB-2 Immigrant Visa Availability Expected
By Jackson Lewis P.C. on
Posted in Temporary (Non-immigrant) Work Visas
At least 12,000 additional numbers will be available for EB-2 (employment-based, second preference) immigrant visa because of a dramatic reduction in the use of EB-1 (employment-based, first preference) immigrant visa, the Chief of Immigrant Visa Control and Reporting Division, U.S. Department of State, Charlie Oppenheim, has announced. He said U.S. Citizenship and Immigration Services “ha[s]…
Export Controls and New Petition for Nonimmigrant Worker Form I-129
By Jackson Lewis P.C. on
Posted in Temporary (Non-immigrant) Work Visas
USCIS has began accepting the revised version of the Petition for a Nonimmigrant Worker, Form I-129 (dated November 23, 2010). The new version of the form requires employers petitioning for H-1B, H-1B1, L-1 and O-1A nonimmigrants to make specific attestations related to the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR).
How do RIFs and employment changes affect an H-1B?
By Jackson Lewis P.C. on
Posted in Temporary (Non-immigrant) Work Visas
Although the economy has hit all employees hard, Reductions-in-Force (RIFs) have a disproportionate affect on H-1B employees. When an H-1B employee is terminated from employment, that employee must deal with not only the financial difficulties of a layoff, but the additional complexity of losing authorized status in the United States as of the day of…