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Articles Categorized: Visa

USCIS to Review its H1B Cap Exemptions for Non-profits

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From USCIS.gov USCIS announced today, in response to recent stakeholder feedback, that it is currently reviewing its policy on H-1B cap exemptions for non-profit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B non-profit entity petitions filed with […]

New MPI Report Proposes Targeted Administrative Actions to Advance Goals of the U.S. Immigration System

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The Migration Policy Institute, 3/15/2011 While sweeping reform to fix a U.S. immigration system widely acknowledged as broken has taken a backseat politically, opportunities exist within the executive branch to improve the ways in which the nation’s existing immigration laws and policies are administered. A new report by the Migration Policy Institute (MPI), Executive Action […]

PERMs and FEIN Numbers

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The Board of Alien Labor Certification Appeals (BALCA) held that the submission of the employer’s business licenses that list its FEIN and match the number provided on the labor certification was sufficient to establish that the employer is a bona fide entity. (Matter of Michael Gorham Racing Stable, 3/9/11) AILA Doc. No. 11031025.

April 1: Time to File Your H-1B Visa Applications

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What does April 1, the beginning of H-1B Season, mean? Due to the recent AAO decision, many previously cap-exempt employers are expected to request H-1B visa numbers for their employees.  We anticipate that this will drive demand for the limited number of H-1B visas, and the H-1B cap will be reached significantly earlier this year […]

State Department Visa Bulletin for March 2011

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On February 11, the State Department released the March 2011 Visa Bulletin. The Worldwide Employment-Based (EB) preference categories remain current for EB-1, EB-2, EB-4 and EB-5. In the Worldwide EB-3 category (professionals and skilled workers), the dates advance by three months.  For Mexico EB-3, the dates move forward by six months.  However, for persons born […]

Proposed Electronic System for H-IB Eliminating Submission of Petitions

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USCIS is publishing a proposed rule that could save U.S. businesses more than $23 million over the next 10 years by establishing an advance registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations.  This at least is what they are saying. The proposed electronic system would minimize administrative burdens […]

Advance Parole and Employment Authorization Card All in One for Adjustment Applicants

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On February 11, the USCIS began issuing employment and travel authorization on a single card for certain applicants filing an Application to Register Permanent Residence or Adjust Status, Form I-485. The card looks similar to the current Employment Authorization Document (EAD) but includes text that reads, “Serves as I-512 Advance Parole.” (See photo of the new […]