|
NEWS UPDATES
H-1B Cap Hit for Fiscal Year
2014
For the
first time since 2008, U.S. Citizenship and
Immigration Services (USCIS)has reached the statutory H-1B cap of
65,000 for fiscal year (FY) 2014 within the first
week of the filing period. USCIS has also received more
than 20,000 H-1B petitions filed on behalf of
persons exempt from
the cap under the advanced degree exemption.
On April 7, 2013,
USCIS used a computer-generated random
selection process
(commonly known as a “lottery”) to select a
sufficient number of petitions needed to
meet the caps of
65,000 for the general category and 20,000 under
the advanced degree exemption limit. For cap-subject petitions not
randomly selected, USCIS will reject and return
the petition with filing fees, unless it is found to be a
duplicate filing.
USCIS
Announces Revised Form I-9 All employers are required
to complete a Form I-9 for each new employee hired
in the United States. After May 7, 2013, employers
are required to use the new Form I-9.
CBP Begins Automation of Form
I-94 at Air and Sea Ports
As of April 30, 2013, foreign travelers
will no longer receive a paper entry form at the
point of entry. Travelers will be able to access
and print out their electronic Form I-94 by
visiting www.cbp.gov/I94.
USCIS Announces Provisional Waiver
Application Process
Beginning March 4,
2103, certain immigrant visa applicants who are the
spouses, children and parents
of U.S. citizens (immediate relatives), and have
been unlawfully present in the
United States, can start applying for provisional
unlawful presence waivers through a new process. The new
provisional unlawful presence
waiver process is for certain individuals who
seek a waiver of
inadmissibility only for unlawful presence. They
can now apply for a provisional unlawful presence waiver while
in the United States and before departing
for their immigrant visa interview at a U.S. Embassy
or Consulate abroad. Under the current process, which continues to remain
in effect, immediate relatives of U.S.
citizens who are not eligible
to adjust status in the United States have to
travel abroad and be
found inadmissible at their
immigrant visa interview before they can apply for
an inadmissibility
waiver.
The
new process is expected to shorten the time U.S.
citizens are separated from their immediate relatives while those family
members go through the process
of becoming lawful permanent
residents of the United States. For eligibility
details and information on the
process, please visit: http://www.uscis.gov/provisionalwaiver
Deferred Action
for Childhood
Arrivals
On June 15, 2012, Department of
Homeland Security announced a NEW program granting deferred action for
two years to certain young people who came to the
U.S. as children and meet other eligibility criteria. Individuals
who receive deferred action will not be placed into removal
proceedings or removed from the U.S. for the duration
of the grant. Individuals in removal proceedings, those
with final orders, and those who have
never been in removal proceedings will be able
to affirmatively request deferred action from USCIS.
An
individual who meets the following criteria may
apply for deferred action:
- Was under the age of 31
as of June 15, 2012;
- Came to the U.S. before
reaching his/her 16th birthday;
- Has continuously
resided in the U.S. since June 15, 2007, up to
the present time;
- Was physically present
in the U.S. on June 15, 2012, and at the time of
application to USCIS;
- Entered without
inspection before June 15, 2012, or lawful
immigration status expired as of June 15, 2012;
- Is currently in school,
has graduated or obtained a certificate of
completion from high school, has obtained a GED,
or is an honorably discharged veteran of the
U.S. Coast Guard or the U.S. Armed Forces; and
- Has not been convicted
of a felony, a "significant misdemeanor," three
or more other misdemeanors, or does not otherwise pose a
threat to national security or public safety.
E-2 Visa Eligibility Extended
to Israeli Citizens
On June
8, 2012, President Obama signed into
law a bill adding Israel to the list
of countries eligible for E-2 investor visa
classification. Nationals of more than 79 other countries are already
eligible for the visa. The E-2 is a temporary visa
for qualifying nationals to come to the U.S. to
develop and direct the operations of a business in
which he or she has made a qualifying
investment.
Change of Address
Notification
The
USCIS requires all foreign nationals over the age
of fourteen who remain in the U.S. for more than
thirty days to notify the USCIS of any change in
their address, and provide the new address within
ten days of moving. Applicants can
now change their address online at: https://egov.immigration.gov/crisgwi/go?action=coa
DHS Announces Land
and Sea Travel Document Procedures
The Department
of Homeland Security has updated its website with
information regarding travel documents that should
be presented at land and sea ports of entry. This
also applies to US Citizens. Visit for details:http://www.dhs.gov/xtrvlsec/crossingborders/
ESTA
PROGRAM
Beginning Jan.
12, 2009, all visitors from qualifying Visa Waiver
countries must apply for and receive an approved
travel authorization via ESTA prior to
traveling to the United States. ESTA is a free
program. For additional information about the new
ESTA requirement, please visit http://www.cbp.gov/esta.
DHS AND DOS ADVISE
THAT ALL VWP TRAVELERS TO THE U.S. MUST POSSESS
MACHINE READABLE PASSPORTS
Visa Waiver Program
(VWP) participants must have a
machine-readable passport to enter the United
States without a visa. Transportation carriers
will be fined for transporting any VWP traveler to
the United States without a machine-readable
passport.
|
