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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:

  1. Was under the age of 31 as of June 15, 2012;
  2. Came to the U.S. before reaching his/her 16th birthday;
  3. Has continuously resided in the U.S. since June 15, 2007, up to the present time;
  4. Was physically present in the U.S. on June 15, 2012, and at the time of application to USCIS;
  5. Entered without inspection before June 15, 2012, or lawful immigration status expired as of June 15, 2012;
  6. 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
  7. 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. 



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