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,
Temporary (Non-immigrant) Work Visas
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…
H-1B Visas Nearing Cap in Fiscal Year 2010
By Jackson Lewis P.C. on
Posted in Temporary (Non-immigrant) Work Visas
The USCIS announced that as of November 20, 2009, approximately 56,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will…