H1B Visa Lawyer BlogNow that all of the new H-1B visas for the 2011 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?
Here are some creative solutions to this problem:
O-1 Visa
Articles Posted in L-1 Visa
MVP LAW GROUP – Immigration Q&A Forum, Friday, January 21st, 2011
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the H-1B FY2011 CAP still open?
The New Export Control Attestation Requirement on the New Form I-129
Please note that USCIS now requires employers filing Form I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination as to whether or not an export control license is required to release any controlled technology or technical data to the foreign national. If an export license is required to be obtained before such release, the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker.
UPDATED INFORMATION: December 22, 2010, According to USCIS, petitioners will not be required to complete Part 6 of Form I-129 containing the export controls/ITAR questions until February 20, 2011. USCIS received a number of inquiries from stakeholders, including AILA, requesting a delay in order to give petitioners time to establish the necessary internal processes to properly satisfy the attestation requirements.
We wish to make sure that you do not make a misrepresentation on Form I-129 in this regard, which in itself would be a violation of federal law. Read all of the forms and know that you are signing under penalty of perjury.
Release of Revised Form I-129, Petition for Nonimmigrant Worker
The Form I-129 has been revised by the United States Immigration and Citizenship Service (USICIS) which allows employers to petition for temporary workers under a variety of nonimmigrant visa classifications. Publication of the revisions by USCIS will be available on November 23, 2010.
For 30 days after the publication of the new version or until December 21, 2010, USCIS will accept previous versions of the Form I-129.
Beginning December 22, 2010, USCIS will only be accepting the revised Form I-129 and will decline any request filed with previous versions of the form.
MVP LAW GROUP – Immigration Q&A Forum, Friday, November 5th, 2010
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the H-1B quota still open?
REMINDER – Submit your questions
MVP “Q & A Forum” – This Friday, November 5th, 2010
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
Comprehensive Immigration Reform Act of 2010
Senators Robert Menendez (D-NJ) and Patrick Leahy (D-VT) introduced The Comprehensive Immigration Reform Act of 2010 into the Senate on September 29. This bill is the first comprehensive immigration bill that has been introduce in the Senate since 2007. It also combines key Democratic and Republic viewpoints and elements. Menendez and Leahy’s legislation proposes enhanced border security, mandatory employee verification, revisions to visa systems, a legalization plan for undocumented individuals in the US, and harsher penalties for illegal immigration.
To improve the security at our borders it specifically calls for improved training and more accountability for border/immigration officers, further cooperation with Canada and Mexico to improve border security, and reiterates that immigration power solely resides with the federal government. If passed, visa waiver privileges would be denied to certain countries, the waiting period would stop for refugees/asylees trying to obtain a green card, as well as increased penalties for immigration and visa fraud. Social Security cards would become “tamper-resistant” under the new bill to prevent fraud and the Social Security Administration (SSA) would be required to design a new more secure way of verifying social security numbers. Labor protections would also be expanded under H-2A, H-2B, H-1B, and L-1 visas in addition to preventing the expiration of green cards due to processing delays and establishment of certain exemptions from the quotas. A Lawful Prospective Immigrant (LPI) status for undocumented immigrants with no criminal background would be put into effect and it entails submission of data, security checks, and a $500 application fee for the LPI status of four years. Additionally, the Comprehensive Immigration Reform Act of 2010 would include the DREAM Act and institute programs to help immigrants learn English and US civics. Click here to read the full text of the bill or to find out more information.
REMINDER – Submit your questions
MVP “Q & A Forum” – This Friday, October 15th, 2010
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
Ending Birthright Citizenship Would Not Stop Illegal Immigration
The Fourteenth Amendment to the Constitution guarantees the right that any person born in the United States is a citizen no matter the status of their parents. Over the years the Supreme Court has upheld birthright citizenship in cases like Plyler v. Doe and Unites States v. Wong Kim Ark. Recently, this right has been questioned by the anti-immigrant groups who have been introducing bills in Congress that would end the right to birthright citizenship.
The elimination of birthright citizenship would only make the growing problem of illegal immigrants worse and also make it harder for Americans to prove their citizenship. If the new laws proposed were passed, the children born in the United States to illegal immigrants would not have U.S. citizenship nor the citizenship of their parent’s country creating even more problems. This issue would not only affect illegal immigrants but also temporary workers in the United States on H-1B, F1, E1, E2, L1, L2, and many other temporary visa status’, not to mention those awaiting a Green Card on another status such as AOS/EAD.
Comprehensive immigration reform that solves the root causes of undocumented immigration is necessary to resolve our immigration problems, not amending the U.S. Constitution.
MVP LAW GROUP – Q&A Forum, September 3, 2010
Question #1 – Temporary Work Visas – H-1B & L1A/L1B Nonimmigrant Visas
I am a U.S. small business employer. I have read different articles about the new public law and its applicability to nonimmigrant visas, but I am somewhat confused based on what I have read. Does the new public law fee apply to me and my company?
Answer #1