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Latest H-1B Cap Count: Slow Movement |
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Written by Jordana Hart
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Wednesday, 26 May 2010 |
The USCIS reports it has received a total of 19,600 H-1B petitions against the cap of 65,000 H-1B visas as of May 21, 2010. It has received a total of 8,200 advanced degree H-1B petitions against the advanced degree visa limit of 20,000.
This latest cap count shows relatively slow movement since the previous report issued May 14 showed a total of 19,000 regular H-1B received and 8,100 advanced degree petitions received.
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Last Updated ( Wednesday, 26 May 2010 )
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DOS Announces Increased Visa Processing Fees Starting June 4 |
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Written by Jordana Hart
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Tuesday, 25 May 2010 |
On May 20, 2010, the Department of State (DOS) published an interim final rule in the Federal Register to increase nonimmigrant visa application processing fees, also called the Machine-Readable Visa (MRV) fee, and Border Crossing Card (BCC) fees. The interim final rule also establishes a tiered structure with separate fees for different nonimmigrant visa categories. The new fees are scheduled to take effect June 4, 2010.
The DOS is increasing fees to ensure sufficient resources to cover the rising cost of processing nonimmigrant visas. This increase applies both to nonimmigrant visas placed in passports and to border crossing cards issued to certain applicants in Mexico.
The new fee structure was created to cover the higher unit costs for processing certain categories of nonimmigrant visas that are more complicated and require more in-depth consideration than most other categories of nonimmigrant visas. The Department is required to recover, as far as possible, the cost of processing nonimmigrant visas through the collection of the application fees. For a number of reasons, including new security enhancements, the $131 fee set on January 1, 2008 no longer covers the current, actual cost of processing nonimmigrant visas.
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Last Updated ( Tuesday, 25 May 2010 )
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Read more...
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DOL Unveils "E-law" Advisor Tool for H-1B Employers and Workers |
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Written by Jordana Hart
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Friday, 14 May 2010 |
The U.S. Department of Labor (DOL) today unveiled a new tool to help employers and others understand how to comply with requirements under the H-1B visa program, which allows for the temporary employment of foreign workers in the U.S. in certain specialty occupations.
An online "advisor," available at http://www.dol.gov/elaws/h1b.htm, describes the program's standards and provides detailed information about employers' and workers' rights and responsibilities. It outlines notification requirements, monetary issues, worksite issues, recordkeeping, worker protections and enforcement.
"The Labor Department's goal is to provide employers and the public with user-friendly information regarding both rights and responsibilities under the H-1B program," said Secretary of Labor Hilda L. Solis in a press release. "The new online advisor harnesses technology to help take the mystery out of the new rules, and it offers an important resource to workers and employers alike."
The H-1B nonimmigrant visa classification was created under the Immigration and Nationality Act to help employers who cannot obtain needed skills and abilities from the U.S. workforce by authorizing the employment of qualified individuals who are not otherwise authorized to work in the U.S. The act establishes certain standards to protect similarly employed U.S. workers from being adversely affected by the employment of foreign workers under the H-1B program, as well as to protect H-1B workers themselves.
Responsibilities for the H-1B visa program are shared among the Labor Department's Office of Foreign Labor Certification and the department's Wage and Hour Division, the U.S. Department of Homeland Security's U.S. Citizenship and Immigration Service and the U.S. Department of State. The new advisor tool focuses solely on compliance with the requirements enforced by the Wage and Hour Division. The tool does not review the process for participating in the program or for invoking H-1B visa portability.
The H-1B Advisor is one of a series of Employment Laws Assistance for Workers and Small Businesses, or "elaws" developed by the Labor Department's Office of the Assistant Secretary for Policy, working with other department agencies, to help employers and employees understand federal employment laws. To access the set of advisors, visit the elaws website at http://www.dol.gov/elaws/. To learn more about the Labor Department's role in administering the Immigration and Nationality Act and the H-1B visa program, visit the department's Office of Foreign Labor Certification website at http://www.foreignlaborcert.doleta.gov and its Wage and Hour Division site at http://www.dol.gov/whd/. |
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Last Updated ( Friday, 14 May 2010 )
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Copyright 2006 - David J. Hart, PA The information contained herein is provided for informational purposes, it does not constitute legal advice nor is it to be construed as establishing an attorney-client relationship. Consult directly with an attorney before making any decision as to how to proceed with your case. For individualized and specific assistance, you may schedule a personal, telephonic or web consultation with one or our attorneys. Please call us at 305.577.9977 or send an e-mail to: dhart@immigrateusa.com
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