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Washington DC, United States
Aik Wan Kok Fillali at Tiya represents companies, employers, individuals and families in U.S. immigration law in areas including, but not limiting to, green card, work visa and waiver matters. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver, and employer-sponsored PERM labor certification; and all types of work visas such as Hs, Ls and Es. We represent clients within the U.S. and abroad. With decades of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services. PLEASE VISIT OUR WEBSITES AT http://www.tiyaimmigration.com , http://www.immigrationresource.net AND http://tiyalaw.blogspot.com , THANK YOU.
Showing posts with label H-1B Specialty Occupation Workers. Show all posts
Showing posts with label H-1B Specialty Occupation Workers. Show all posts

Saturday, May 19, 2012

CBP Travel Advisory: Border Crossing from Canada to USA

CBP Travel Advisory: Border Crossing from Canada to USA

With Victoria Day (May 21, 2012) holiday weekend approaching in Canada, the U.S. Customs and Border Protection (CBP) is anticipating a substantial increase in border-traffic crossing from Canada to the United States of America (USA). Through one of the government branches (CBP), USA being a welcoming nation, ensures and protects the safety of U.S. citizens, permanent residents as well as international travelers visiting USA for business, pleasure, studies or work.

Travelers are advised to plan accordingly such as factoring more time into their travel-commute activities or travel during non-peak border-traffic hours, and carrying proper documentation. Please see below.

1.Documentation: For efficient or expedited border-crossing services, CBP is encouraging travelers to utilize radio-frequency identification (RFID)-enabled travel documents such as U.S. passport card, Enhanced Driver’s License/Enhanced Identification Card, Trusted Traveler Program card (NEXUS, SENTRI, global entry, or Fast/Expres).

2.Avoid Peak Border-Traffic Hours: Typically, peak hours are between 7:00am and 7:00pm. Travelers may also check the wait times of various border-crossing port-of-entries at http://apps.cbp.gov/bwt/ to plan their border-crossing travels accordingly.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya; Tel: 703-772-8224 & koka at tiyalaw dot com

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net .

We represent employers, and individuals and their families in green card and all work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Wednesday, November 23, 2011

H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

H-1B Work Visa Cap Has Been Reached on November 23, 2011 for FY2012

On November 23, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B petitions to meet the 65,000 statutory H-1B cap. Nov. 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date (October 1, 2011 or later) in Fiscal Year 2012 (FY 2012). Any petitions arrived on November 23, 2011 or after will be rejected. The USCIS will begin accepting H-1B cap petitions again on April 1, 2012 for employment start-date of October 1, 2012 or later.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties and circumstances.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that were subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption for FY 2012. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions were for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later), and as of November 23, 2011, the FY2012 visas quota (for October 1, 2011 start-date or later) for the 65,000 visa quota has already been closed on November 23, 2011. As of October 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the ‘advanced degree’ exemption.

When the H-1B cap is exhausted is the date USCIS informs the public that the cap has been reached (for this year, it was November 23, 2011 – visa quota for FY 2012). The final receipt date is the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status may still have H-1B petitions filed for them such as to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who have not made it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability, national interest waiver and PERM labor certification.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Tuesday, May 24, 2011

As of May 6, 2011: 10,200 H-1B Cap Work Visas Have Been Received for FY2012

As of May 6, 2011: 10,200 H-1B Cap Work Visas Have Been Received for FY2012

As of May 6, 2011, the U.S. Citizenship and Immigration Services (USCIS) has received 10,200 H-1B Regular Cap, and 7,300 H-1B Master’s Exemption.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status.

Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window had been undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224

www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Wednesday, April 27, 2011

On April 15, 2011: 7,100 H-1B Cap Work Visas Have Been Received for FY2012

On April 15, 2011: 7,100 H-1B Cap Work Visas Have Been Received for FY2012

The U.S. Citizenship and Immigration Services (USCIS) has received 7,100 H-1B Regular Cap, and 5,100 H-1B Master’s Exemption 20,000, as of April 15, 2011. These numbers include cases that are still pending or have been approved but do not include petitions that have been denied.

H-1B petitions are temporary work visas for foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtain green card status. Foreign nationals with at least a bachelor’s degree or the equivalent (equivalent degree or work experience) may be sponsored for H-1B petitions. A broad range of positions may fall under H-1B specialty occupations; each case depends on a position’s own set of duties.

On April 1, 2011, the USCIS began accepting H-1B nonimmigrant petitions that are subject to the government-mandated annual H-1B cap of 65,000 and the 20,000 U.S. advanced degree cap exemption. The advanced degree exemption applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. These H-1B petitions are for Fiscal Year 2012 (FY2012) visa quota (for employment start-date of October 1, 2011 or later). The FY2011 visas quota (for October 1, 2010 start-date or later) was already closed on January 27, 2011.

H-1B petitions filed under premium processing (faster processing of certain employment-based petitions and applications) during an initial five-day filing window are undergoing a 15-day processing period that began on April 7, 2011. For all other H-1B petitions filed for premium processing, the processing period begins on the date that the petition is physically received at the correct USCIS Service Center.

When the H-1B cap is exhausted is the date USCIS will inform the public that the cap has been reached, and this may differ from the actual final receipt date. In ensuring a fair system, on the final receipt date, the USCIS may utilize the random selection approach by selecting the number of petitions that will be considered for final inclusion within the cap. The USCIS will reject H-1B cap petitions that are not selected, as well as those received after the final receipt date. The final receipt date will be the date USCIS physically receives the petition, and it is not based on the date that the H-1B petition has been postmarked.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

In general, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years). Under certain circumstances, H-1B work visas can be extended beyond the 6-year maximum time limitation.

Potential H-1B candidates who do not make it to the Fiscal Year 2012 H-1B visa quota (October 1, 2011 start-date or later) have the options to have their H-1B cap petitions submitted or resubmitted to the USCIS on or after April 1, 2012 (October 1, 2012 start-date or later) for the Fiscal Year 2013 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and national interest waiver.

All Rights Reserved.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, April 15, 2011

Updated I-9 Employment Eligibility Verification Procedures

Updated I-9 Employment Eligibility Verification Procedures

On April 14, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has updated some of the procedures pertaining to Employment Eligibility Verification (Form I-9) process. The new changes become effective on May 16, 2011.

Employers must complete Form I-9 for all newly hired employees to verify their identity and authorization to work in the United States.

The updated procedures include, but are not limited to matters such as: revising the list of acceptable documents by removing outdated documents and making technical amendments; prohibiting employers from accepting expired documents; and adding documentation applicable to certain citizens of the Federated States of Micronesia and the Republic of the Marshall Islands. The list of acceptable documents that employees may present to verify their identity and employment authorization is divided into three sections: List A documents, which show identity and employment authorization; List B documents, which show identity only; and List C documents, which show employment authorization only.

The USCIS indicates that employers may continue to use the current version of the Form I-9 (Rev. 08/07/2009) or the previous version (Rev. 02/02/2009). Employers may also access The Handbook for Employers, Instructions for Completing the Form I-9 (M-274) which was updated on Jan. 5, 2011, at www.uscis.gov/files/form/m-274.pdf

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We also have a focus on self-petition green card cases such as extraordinary ability and exceptional ability.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, March 11, 2011

Cutting-Edge Proposed H-1B Electronic Registration System for H-1B Visa Cap Petitions

Cutting-Edge Proposed H-1B Electronic Registration System for H-1B Visa Cap Petitions

The ground-breaking H-1B Electronic Registration System is finally being proposed for implementation for H-1B petitions that are subject to the statutory annual visa cap, after lengthy discussions.

An H-1B petition is a temporary work visa for specialty occupation foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtaining green card status. Annually, there are 65,000 H-1B visa numbers; and an additional 20,000 H-1B cap-exempt petitions under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher. Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status, or H-1B petitions filed by certain types of employers, are exempt from the annual visa cap.

The H-1B Electronic Registration System serves to reduce costs and increase efficiency, to the U.S. Citizenship and Immigration Services (USCIS) and potential H-1B employers, in the pre-and initial filing stages of H-1B cap petitions (including the online stage of labor condition applications to the U.S. Department of Labor).

Once implemented, the H-1B Electronic Registration System would allow employers interested in filing H-1B petitions subject to the statutory visa cap to register electronically with the USCIS. The estimated time to complete the registration of an H-1B in this System is 30 minutes. Using this H-1B Electronic Registration System, the USCIS would select the number of registrations predicted to exhaust all available visas before the petition filing period begins (filing period for H-1B cap petitions starts on April 1 each year, until the H-1B visa numbers are exhausted – the requested employment start-date for the H-1B cap petition would be no earlier than October 1 in the same year). The employers would then file their petitions only for the registered H-1B cap petitions that have been selected for visa numbers.

Under the proposed H-1B Electronic Registration System, petitioners would have 60 or more days from the date of notification of selection (“selection notice”) to properly file (i.e. send the H-1B package to the USCIS) a completed H-1B petition for the named beneficiary. USCIS would state the applicable filing deadline in each selection notice. The USCIS would reject a selected H-1B petition (and return the associated filing fees) that is filed outside the stipulated filing deadline on the selection notice.

Potential H-1B cap candidates who are not selected in a given annual visa cap have the options to have their H-1B cap petitions submitted to the USCIS in the next fiscal year. The H-1B visa cap fiscal year starts on October 1 each year, and the H-1B cap petitions filing period begins on April 1 each year. In addition, non-selected H-1B cap candidates can consider other immigration options such as eligibility for self-petition green cards.

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224 www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net .

We represent employers, and individuals and their families in green card, work visa and waiver matters in U.S. immigration law.

All Rights Reserved. This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Monday, January 31, 2011

H-1B Visa Cap for FY2011 Has Been Met!

H-1B petitions are temporary work visas for specialty occupation foreign nationals to live and work in the U.S. Many H-1B foreign nationals have successfully gone on to apply for and obtaining green card status.

On January 27, 2011, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient H-1B cap petitions to meet the statutory cap for the fiscal year (FY) 2011. The final receipt date for H-1B cap petitions is January 26, 2011. This means H-1B cap petitions received after January 26, 2011 will be rejected. H-1B cap petitions received on January 26, 2011 will undergo a computer-generated random selection process to select petitions needed to meet the cap. The USCIS will then reject and return to petitioners all remaining H-1B cap-subject petitions (including fees) that not randomly selected by the computer.

Potential H-1B candidates who do not make it to the Fiscal Year 2011 H-1B visa quota (October 1, 2010 or later start-date) have the options to have their H-1B cap petitions submitted to the U.S. Citizenship and Immigration Services (USCIS) on or after April 1, 2011 (October 1, 2011 or later start-date) for the Fiscal Year 2012 H-1B visa quota. They can also consider other immigration options such as self-petition green card filings, if eligible.

The USCIS has already received over 20,000 of the first 20,000 H-1B petitions for FY2011 that are exempted from the 65,000 visa cap, under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master’s degree or higher.

Not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor. For examples, foreign nationals who already have approved H-1B petitions or H-1B status can still have H-1B petitions filed for them to extend their H-1B status or to change H-1B employers. These H-1B petitions are not subject to the annual visa cap.

Normally, H-1B petitions/work visas are approved for three years each time (up to a total maximum of 6 years).

By Aik Wan Kok Fillali, Attorney at Law, at Tiya PLC; Tel: 703-772-8224
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, August 20, 2010

Considering Filing H-1B or L-1? Additional Fee Applies to Certain New or Change of Employer Petition (Effective August 14, 2010)

Effective August 14, 2010, there will be an additional fee for filing certain H-1B or L petitions; $2000 for H-1B and $2250 for L-1. This new fee, where applicable, is in addition to the existing government immigration fees applicable to H-1B and L-1 work visas. This new fee will remain effective until September 30, 2014.

This additional fee requirement applies to new petitions and petitions to change employer filed by petitioners or employers that employ 50 or more employees in the United States, with more than 50 percent of its employees in the United States in H-1B or L (including L-1A, L-1B and L-2) nonimmigrant status.

H-1B is a temporary work visa for foreign nationals to work in occupations requiring at least the relevant Bachelor’s degrees, or equivalent.

L-1 is a temporary work visa for a U.S. company to transfer certain foreign national employees from one of its affiliated foreign offices to one of its existing or newly established offices in the United States. L-1 temporary work visa applies to foreign national employees who will be transferred to the U.S. as an executive or manager, or a professional employee with specialized knowledge relating to the organization’s interests from one of its affiliated foreign offices.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent companies, individuals and families in U.S. immigration law such as green card, work visa and waiver matters. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Wednesday, June 2, 2010

Rising Demand for Workforce, Foreign Nationals or Otherwise, As Oil Spill and Environmental Calamities Worsen in the Gulf of Mexico?

With the spread of environmental calamities as a result of the severe and continuous oil leak caused by BP’s Deepwater Horizon oil rig explosion on April 20, 2010 in the Gulf of Mexico of the United States, international cooperation and efforts from various experts which include, but are not limited to the scientific, environmental, and natural oil/gas communities are more sacrosanct than ever.

This oil spill disaster is expected to be the worst environmental catastrophe in the U.S. Patches of the oil spill have already washed up on the coastal parts of three U.S. states (Louisiana, Alabama and Mississippi). Before that, the oil spill has also begun to eliminate or severely dampen the livelihood of fishermen and other workforce relying on the coastal and marine economy. Even the U.S. tertiary sectors relying on the coastal or marine economy are severely affected. This oil spill catastrophe could not come at a worse time given that the U.S. and many international communities are still trying to ride out of the economic downtown. At the same time, we will see a shift of demand for other types of workforce, and the creation or increase of other types of jobs and industries.

As a result of this environmental and economical catastrophe caused by the oil spill in the Gulf of Mexico, we expect to see a rising demand for wide-ranging and diverse specialized professionals in the U.S. to combat the increasingly evident and potential astronomical environmental disasters. These professionals, whether they are U.S. residents or foreign nationals, may range from scientists, engineers, environmentalists, researchers, environmental and other economists, biologists, oceanographic professionals, atmospheric professionals, medical/legal/financial/insurance/business experts, geologists, and/or alternative/clean/other energy experts.

Qualified and eligible foreign national experts, professionals or technical personnel are, therefore, likely to see increasing opportunities to fill the needs in the U.S. to resolve the oil spill and related environmental, industrial and economic catastrophe.

There are many types of immigration options which would allow such qualified workforce to enter or remain in the U.S. to help resolve the oil spill and pertinent matters.

A. For nonimmigrant or temporary work visas, the immigration options include, but are not limited to:
1. H-1B specialty occupation professionals work visas.
2. H-2 seasonal or temporary worker work visas.
3. E treaty trader/investor work visas.
4. TN NAFTA country work visas.
5. L-1 intra-company transferee work visas.
6. O-1 extraordinary ability work visas.

B. For immigrant or permanent lawful residence status (commonly, known as the green card), the immigration options include, but are not limited to:

1. Employment-Based (EB-1) extraordinary ability green card status.
2. EB-1 multinational managers/executives green card status.
3. EB-2 outstanding researcher/professor green card status.
4. EB-2 national interest waiver green card status.
5. EB-2 exceptional ability green card status.

C. Depending on the foreign nationals’ credentials and eligibility, and the types of immigration option being sought, the foreign nationals may or may not require any existing or new employer-sponsors.

This would be an opportune time to call for concerted efforts from all qualified professionals and workforce, whether they are in the U.S. or abroad, foreign nationals or otherwise, to explore their expertise and opportunities to help overcome the environmental and economical problems caused by the oil spill in the Gulf of Mexico. Ultimately, the adverse and wide-spreading environmental and economical impact from this oil spill is inherently non-adherence to national borders, and is therefore, an international concern as opposed to just a U.S. crisis.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law. We represent clients within the U.S. and abroad.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Tuesday, May 4, 2010

Apply for H-1B Cap Work Visas Before Visa Numbers Run Out!

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. for a temporary period of time. H-1B petitions are temporary work visas. Normally, H-1B petitions/work visas are approved for a maximum of 6 years (3 years each time). Many H-1B foreign nationals have successfully progressed toward applying for and obtaining green card status.

As of April 27, 2010, the U.S. Citizenship and Immigration Services (USCIS) has received 16,500 H-1B petitions that are subject to the annual 65,000 visa cap. These H-1B petitions will count towards the Fiscal Year 2011 visa cap (FY2011). As of April 27, 2010, the USCIS has received 6,900 of the 20,000 H-1B petitions for FY2011 that are exempt from the 65,000 visa cap, under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master's degree or higher.

These FY2011 H-1B work visas or petitions will have an employment start-date of October 1, 2010 or later.

Furthermore, not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of entity-sponsor.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

Monday, April 19, 2010

H-1B Work Visas Still Available for Oct 1, 2010 Start-Date!

H-1B petitions are extremely useful for many skilled foreign nationals to live and work in the U.S. for a temporary period of time. H-1B petitions are company-sponsored temporary work visas. Normally, these petitions are available for an eligible H-1B beneficiary for a maximum of 6 years (3 years each time).

As of April 15, 2010, the U.S. Citizenship and Immigration Services (USCIS) has received 13,600 H-1B petitions that are subject to the annual 65,000 visa cap. These H-1B petitions will count towards the Fiscal Year 2011 visa cap (FY2011). As of April 15, 2010, the USCIS has received 5,800 of the 20,000 H-1B petitions for FY2011 that are exempt from the 65,000 visa cap under the advanced degree exemption which applies to an H-1B beneficiary who has successfully obtained a U.S. Master's degree or higher. These H-1B petitions will have an employment start-date of October 1, 2010 or later.

Furthermore, not all H-1B petitions are subject to the annual visa cap, depending on the types of H-1B petition being filed, and the types of company-sponsor.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net
We represent employers, and individuals and their families in green card and work visa matters in U.S. immigration law.

All Rights Reserved.
This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, February 12, 2010

Live and Work in U.S.: We Can File H-1B Cap Cases, Starting April 1, 2010!

Qualified foreign nationals who wish to live and work in the U.S. may start applying for first-time H-1B Petitions starting April 1, 2010. These H-1B Cap Petitions will have a start date of October 1, 2010 or later, and will be counted towards the annual H-1B visa quotas for the 2011 fiscal year (FY 2011).

The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000; 65,000 is the annual visa cap, unless otherwise increased by Congress. Moreover, the first 20,000 H-1B petitions filed on behalf of individuals who have earned a U.S. master’s degree or higher are exempt from the H-1B cap.

H-1B Petition is a type of business-sponsored or employer-sponsored temporary work visa for a qualified foreign national to live and work in the U.S., based on the terms and conditions of the approved H-1B Petition.

Normally, a foreign national who is applying for H-1B Petition for the first time will be subject to the annual visa quota, but there are exceptions. Typically, an H-1B beneficiary can hold H-1B status for up to a maximum of 6 years; however, there are certain exceptions. For example, a foreign national may be eligible to extend an H-1B status beyond 6 years, such as until (s)he receives green card status. An H-1B Petition is normally approved for 3 years, and can then be extended for another 3 years. An H-1B beneficiary may bring his/her family (spouse, and children up to a certain age) into the U.S. as dependents.

Foreign nationals and their H-1B sponsors may initiate their H-1B Cap Petitions, in advance, in order that their H-1B Cap Petitions can reach the U.S. Citizenship and Immigration Services (USCIS) on April 1, 2010. For many years, H-1B visa quotas were exhausted within the first few days of April 1st. and during those years, it was crucial for those H-1B Cap Petitions to reach the USCIS on April 1. However, in 2009, due to the economic downturn, the H-1B visa quotas for the 2010 fiscal year (for October 1, 2009 employment start-date or later) were not exhausted until December 2009.

By Aik Wan Kok, Attorney at Law, at Tiya PLC; Tel: 202-506-9767
www.tiyaimmigration.com ; http://tiyalaw.blogspot.com ; www.immigrationresource.net

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This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship

Monday, December 21, 2009

2010 H-1B Visa Quota Has Been Reached!

On December 21, 2009, the U.S. Citizenship and Immigration Services (USCIS) announced that it has received sufficient new H-1B specialty occupation worker petitions to reach the statutory cap for the fiscal year 2010 (FY2010). USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009.

Wednesday, August 19, 2009

H-1B Visa Numbers Are Still Available for Foreign Nationals Who Want to Acquire Immigration Status to Work and Live in the U.S.!

Based on the calculation conducted by the U.S. Citizenship and Immigration Services (USCIS) on August 14, 2009, visa numbers are still available for filing new H-1B Petitions. H-1B status provides immigration and work status for foreign nationals to work and live, temporarily, in the U.S.

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For more information, please contact Aik Wan Kok, Immigration Attorney, at koka@tiyalaw.com, 703-772-8224 or http://www.tiyalaw.com/. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

Friday, June 5, 2009

A Smooth Sail for Employers? Immigration Worksite Enforcement

As Congress continues to appropriate more money to the U.S. Immigration and Customs Enforcement (ICE), employers in the U.S. will see an increase in immigration worksite enforcement in all industries, and industries involving critical infrastructure, according to officials of ICE who presided in a conference on May 28, 2009, held in affiliation with the immigration bar association.

Immigration worksite enforcement (worksite enforcement) is a process whereby the U.S. federal government, through ICE, enforces the law against the employers in the U.S. in the hope of effectively, including but not limiting to, reducing the demand for illegal employment, and protecting the employment opportunities in the U.S. for the U.S. lawful workforce. All employees must be authorized to work in the U.S., either automatically (U.S. citizen or lawful permanent resident) or by the U.S. Citizenship and Immigration Services (USCIS).
Among other things, ICE agents are encouraged to conduct more investigation on employers’ compliance with the employment verification system on Form I-9. ICE’s new policy is to increase the number of fines levied on sanctioned employers, and to adopt more uniformity in the level of fines across the U.S. In addition to fines, ICE may also debar certain companies, found in violation of worksite enforcement, from accepting contracts from the U.S. federal government.

Much of the worksite enforcement policy was developed only two or three years ago and they continue to evolve rapidly because it was only in 2005 that the U.S. government started to increase its focus on worksite enforcement. ICE continues to provide training to their ICE agents on worksite enforcement policy to increase their agents’ expertise in executing the law on worksite enforcement.

Due to the continuous evolution of worksite enforcement policy, upon worksite enforcement from ICE agents, the employers, when appropriate, should not be afraid to respectfully challenge the ICE agents’ interpretation of the worksite enforcement law.

All Rights Reserved.

For more information, please contact Aik Wan Kok, Immigration Attorney, at
koka@tiyalaw.com, 703-772-8224 or www.tiyalaw.com. Ms. Kok at Tiya PLC represents companies and foreign nationals in the areas of immigration law (e.g. work authorization, green card and I-9 compliance). With more than a decade of professional immigration law experience with excellent results, we are your best source of professional U.S. immigration law services.

This article is intended for informational purposes only, and should not be relied on as a legal advice or an attorney-client relationship.

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