The U.S. Department of State (DOS) has published the March 2010 Visa Bulletin. There are modest advancements in most employment-based categories. In the employment-based, second preference (EB-2) category, the priority cut-off date for Chinese nationals advanced to July 8, 2005 and the EB-2 priority cut-off date for Indian nationals advanced to February 1, 2005. Foreign nationals having a priority date before the established cut-off date are...
Read MoreApril 1, 2010 marks the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the Fiscal Year (FY) 2011 H-1B cap. As most employers are aware, H-1B cap season starts much earlier, with the identification of prospective beneficiaries and gathering of supporting documentation. We encourage employers to consider their H-1B cap cases now, and initiate the preparation of cap cases as soon as possible to...
Read MoreU.S. Citizenship and Immigration Services (USCIS) has released a Memorandum (“the Memo”) addressing the employer-employee relationship that must exist between an H-1B petitioner and beneficiary.
The Memo sets forth that while control of the work of an H-1B beneficiary is the cardinal element in establishing the required employer-employee relationship between an H-1B petitioner and beneficiary, several factors are considered in making a...
Read MoreConsistent with global trends in immigration, in 2009, India made significant changes to their immigration policies and procedures to enforce immigration laws and provide increased protection of the Indian labor market. Historically, Indian authorities did not provide clear policy guidance on immigration regulations or processing of visas for tourism, business, and employment. The government made significant progress last year by issuing...
Read MoreThe U.S. Department of State (DOS) has published the February 2010 Visa Bulletin. In the employment-based, second preference (EB-2) category, the priority cut-off date for Chinese nationals advanced to May 22, 2005. The EB-2 priority cut-off date for Indian nationals remains unchanged from January, at January 22, 2005. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or...
Read More