News

01/27/2012

Immigration Alert: President Obama Issues Executive Order to Improve Visa and Foreign Visitor Processing

On January 19, 2012, President Obama signed an Executive Order aimed at improving U.S. visa and foreign visitor processing, and promoting travel to the United States. Highlighting the importance of travel and tourism to the U.S. economy and job creation, the President charged several government agencies, including the Department of Homeland Security (DHS) and Department of State (DOS), with leading new initiatives and identifying strategies...

01/09/2012

Immigration Alert: February 2012 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the February 2012 Visa Bulletin. The priority cut-off dates for China and India in the employment-based, second preference (EB-2) category advanced one year, to January 1, 2010. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications. As a result of this advancement, many foreign nationals previously...

01/05/2012

Immigration Alert: New State Laws Mandating Use of E-Verify Take Effect in 2012

On January 1, 2012, new laws took effect in five (5) states, requiring employers to register for and use the otherwise voluntary federal E-Verify system. Many of these laws were passed following the U.S. Supreme Court’s May 2011 decision upholding Arizona’s right to mandate the use of E-Verify, an online employment authorization verification tool administered by the U.S. Department of Homeland Security in cooperation with the Social Security...

12/16/2011

Immigration Alert: Fairness for High-Skilled Immigrants Act Placed on Hold

We recently reported that on November 29, 2011 the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 3012) by a vote of 389-15. If enacted as passed by the House of Representatives, H.R. 3012 would eliminate the per-country limit, currently 7%, on employment-based green card allocation for any given country during the government’s fiscal year. However, the bill would only reallocate visas and would not...

12/09/2011

Immigration Alert: January 2012 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the January 2012 Visa Bulletin. The priority cut-off dates for China and India in the employment-based, second preference (EB-2) category advanced more than nine months, to January 1, 2009. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications. As a result of this advancement, many foreign nationals...

11/30/2011

Immigration Alert: Fairness for High-Skilled Immigrants Act (H.R. 3012) Passes in U.S. House of Representatives

On November 29, 2011 the U.S. House of Representatives passed the Fairness for High-Skilled Immigrants Act (H.R. 3012) by an overwhelmingly favorable vote of 389-15. The bill now moves to the U.S. Senate for consideration. To take effect, the bill must pass the Senate and be signed into law by the President. If enacted, H.R. 3012 would eliminate the per-country limit, currently 7%, on employment-based green card allocation for any given...

11/28/2011

Immigration Alert: H-1B Cap Reached November 22, 2011

United States Citizenship and Immigration Services announced that it has received sufficient petitions to reach the statutory cap for new H-1B petitions for Fiscal Year (FY) 2012 (October 1, 2011 to September 30, 2012). Any cap-subject petitions received after November 22, 2011 will be rejected. Petitions on behalf of existing H-1B workers filed previously against the cap are not subject to the cap and therefore will continue to be...

11/28/2011

Immigration Alert: Form I-9 CNMI No Longer Valid

After November 27, 2011, employers in the Commonwealth of the Northern Mariana Islands (CNMI) will no longer be able to use Form I-9 CNMI. Form I-9 CNMI was a version of Form I-9, valid only in the CNMI, that contained additional List A documents issued by the CNMI government. Employers must use the standard Form I-9 to verify the work authorization of employees hired in the CNMI on or after November 28, 2011. Please contact your designated...

11/23/2011

Global Immigration Alert - Canada: Changes in Federal Skilled Worker Program

Increase in Quota for Federal Skilled Workers Citizenship & Immigration Canada (CIC) has announced an increase in its Federal Skilled Worker Program (FSWP) quota for 2012. The FSWP is the principal method to apply for permanent resident or landed status in Canada. The CIC 2011 Immigration Levels Plan for the FSWP quota allowed for 47,400 workers; CIC expects to admit up to 57,000 workers in 2012. New Scheme for PhD Students and Graduates...

11/23/2011

Global Immigration Alert - Australia: Priority Processing and Sponsor Accreditation for Subclass 457 Visas

Effective November 7, 2011, employers in Australia may apply for Accredited Status and priority processing to sponsor Temporary Business Entry (Long Stay) visa (Subclass 457) nominations and visa applications for their employees. Applications for Accredited Status may be filed through a new sponsorship application submission or through submission of currently available sponsorship agreements. The validity period for the visa will be up to six...

11/22/2011

Global Immigration Alert - France: Introduction of Blue Card

On May 25, 2009, the European Union passed the EU Blue Card Directive (Council Directive 2009/50/EC) whereby 24 participating countries in the European Union agreed to implement the Blue Card in an effort to attract highly skilled non-EU citizens by facilitating employment and long-term residence. The Directive was scheduled to be implemented by member states in June 2011. However, several member states have yet to adopt and implement the...

11/21/2011

Global Immigration Alert: Year End Consular Closings

The holiday season is a hectic time for international travel. Consulates are exceptionally busy due to the high volume of visa applicants and offices frequently close during home country and local holidays. We encourage corporate HR personnel, business travelers and foreign nationals to take proactive steps to plan ahead for visa issuance prior to travel. Holidays and closures should be noted for the following foreign consulates in the...

11/14/2011

Immigration Alert: December 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the December 2011 Visa Bulletin. The priority cut-off dates for China and India in the employment-based, second preference (EB-2) category advanced more than four months, to March 15, 2008. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications. As a result of this advancement, many foreign nationals...

11/07/2011

Immigration Alert: Holiday Travel Reminders for International Travelers

The holiday season is a hectic time for international travel. Consulates, airports, and ports of entry are exceptionally busy due to the higher volume of travelers and visa applicants. We encourage corporate HR personnel, business travelers, and foreign nationals to take proactive steps and plan ahead prior to travel. Here are a few key points to remember: Passports: All travelers, including U.S. and Canadian citizens, should confirm the...

10/27/2011

Immigration Alert: H-1B Master's Cap Reached

U.S. Citizenship & Immigration Services (USCIS) has announced that as of October 21, 2011, the U.S. Master’s H-1B Cap of 20,000 visas has been reached for fiscal year (FY) 2012, which runs from October 1, 2011 to September 30, 2012. Going forward, H-1B petitions filed for individuals holding a U.S. Master’s degree will be counted against the H-1B Regular Cap. USCIS also announced that, to date, 46,200 H-1B petitions have been filed under the...

10/21/2011

Gibney Partner to Speak at Immigration Conference in London

On November 1, 2011, Gibney Partner, Stephen Maltby, will address an audience of international business leaders in London at a conference hosted by BritishAmerican Business in association with Magrath LLP. The conference will include prominent speakers from the U.K. Border Agency (UKBA), Migration Advisory Committee (MAC) and the U.S. Embassy. Mr. Maltby will speak on U.S. Immigration Policy in the 21st Century. Other topics will include:

10/07/2011

Immigration Alert: November 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the November 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2): Worldwide:...

10/04/2011

Gibney Leads Panel at Women in Technology International Summit in Silicon Valley

On Tuesday, October 04, 2011 at 2:15 pm, Deborah Davy and Minal Shah, Senior Counsel in Gibney’s Immigration Practice Group are leading a panel discussion entitled, “Expanding Business to New Territories and Securing the Best Talent Internationally.” Hosted by Women in Technology International (WITI), this year’s conference is being held in San Jose, California from October 2 to October 4, 2011. The panel addresses overcoming obstacles to...

10/03/2011

Immigration Alert: 2013 Diversity Visa Lottery

1. What: The Diversity Immigrant Visa Program, which is administered by the U.S. Department of State, permits up to 50,000 diversity immigrant visas to be granted for fiscal year 2013 to persons from countries with low immigration rates to the United States. Foreign nationals are selected for eligibility to file an application for permanent residence under this program on the basis of a lottery. 2. When: The U.S. Department of State will...

09/28/2011

Immigration Alert: H-1B Update for Fiscal Year 2012

Quota Update As of September 9, 2011, U.S. Citizenship & Immigration Services (USCIS) has announced that approximately 32,200 H-1B petitions have been filed under the 65,000 H-1B Regular Cap and approximately 16,700 H-1B petitions have been filed under the 20,000 H-1B Master’s exemption for fiscal year 2012 (October 1, 2011 to September 30, 2012). Once the cap has been reached, USCIS will stop accepting new H-1B petitions for fiscal year...

09/23/2011

Immigration Alert: House Committee Approves Legal Workforce Act

On September 21, 2011 the House Judiciary Committee approved the Legal Workforce Act (H.R. 2885), which, if enacted, would amend the Immigration and Nationality Act to mandate the use of E-Verify for all U.S. employers. Enrollment in the E-Verify program would be mandatory for employers with more than 10,000 employees within six months of enactment, and would be gradually phased-in to include all U.S. employers. The bill now moves to the full...

09/23/2011

Immigration Alert: Fairness for High-Skilled Immigrants Act Introduced in Congress

On September 23, 2011, Rep. Jason Chaffetz (R-UT) introduced the Fairness for High-Skilled Immigrants Act (H.R. 3012). The bill proposes to eliminate the per-country limit (currently 7%) on employment-based visa allocation for any given country during the fiscal year. The law does not propose to increase the total number of immigrant visas available annually. The bill would increase the per-country numerical limitation for family-based...

09/13/2011

Immigration Alert: October 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the October 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2):...

08/22/2011

Gibney Expands and Relocates San Francisco Office

Gibney, Anthony & Flaherty, LLP is pleased to announce the expansion and relocation of our San Francisco office to: 455 Market Street, Suite 2200San Francisco, CA 94105415.901.2270 Gibney, Anthony & Flaherty, LLP is dedicated to delivering personalized counsel and legal representation of the highest quality to our clients. Gibney’s Immigration Practice Group includes more than 80 professionals in New York and San Francisco dedicated to the...

08/18/2011

Immigration Alert: September 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the September 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2):...

08/05/2011

Immigration Alert - Startup America - The Immigration Initiative

In January 2011, the White House launched the “Startup America” program, a public/private sector initiative aimed at accelerating job growth by promoting entrepreneurialism and reducing existing barriers to entrepreneurial activities. The promotion of immigrant-led entrepreneurship is one component of the initiative. Marking the sixth month anniversary of the program in August 2011, Secretary of Homeland Security Janet Napolitano and U.S....

07/13/2011

Immigration Alert: August 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the August 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2): Worldwide:...

07/07/2011

Global Immigration Alert - Ireland: Visa Waiver Pilot Program Announced

The Irish Government will implement a Visa Waiver Program on a pilot basis effective July 1, 2011 through October 31, 2012. Under this pilot program, eligible nationals of the 14 countries listed below, who typically require a visa to enter Ireland, will be exempt from the visa requirement if they have already obtained a short term visa to enter the United Kingdom. In addition, special provisions will facilitate visits by foreign nationals of...

07/01/2011

Global Immigration Alert - Russia: New Electronic Visa Application Form

Effective July 1, 2011, all Russian visas applications filed in the United States will now be required to use an electronic visa application form, available online at: http://evisa.kdmid.ru Russian visa applications prepared using the hard copy or manual visa application form will not be accepted after July 1, 2011. For specific questions or legal advice, please contact your global immigration professional at Gibney, Anthony & Flaherty,...

06/24/2011

Immigration Alert: Mandatory E-Verify Law Introduced in Congress

Last week, House Judiciary Committee Chairman Lamar Smith (R-TX) introduced The Legal Workforce Act (H.R. 2164), which would require all U.S. employers to use the federal database known as E-Verify to electronically verify the employment authorization of prospective employees before hiring. Should the bill become law, mandatory participation in E-Verify would be implemented on a rolling basis. The largest employers, with more than 10,000...

06/21/2011

Immigration Alert: IDEA Act Introduced in Congress – Proposes Significant Changes to U.S. Employment-Based Immigration

On June 14, 2011, Representative Zoe Lofgren (D-California) introduced the Immigration Driving Entrepreneurship in America (IDEA) Act of 2011. The proposed legislation aims to spur U.S. job creation, economic growth, and innovation through sweeping reform of U.S. employment-based immigration. Included in the bill are provisions that would create a fast track to U.S. permanent resident status for STEM (science, technology, engineering and...

06/14/2011

Immigration Alert: July 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the July 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2):...

05/26/2011

Immigration Alert: U.S. Supreme Court Upholds Arizona Law Mandating Use of E-Verify

In recent years, Arizona and several other U.S. states have enacted laws which mandate the use of the otherwise voluntary federal E-Verify system and increasingly impose sanctions for knowingly or intentionally employing unauthorized aliens. The U.S. Chambers of Commerce organization challenged Arizona’s law -- the Legal Arizona Workers Act of 2007 -- on the grounds that federal law should preempt state law in matters of immigration....

05/16/2011

Immigration Alert: June 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the June 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2): Worldwide: ...

05/02/2011

Global Immigration Alert - Czech Republic: Biometric Resident Permit Cards Postponed

The Czech Republic Ministry of the Interior has postponed the issuance of biometric residence permit cards for nationals of States not members of the European Union (EU) or the European Free Trade Association (EFTA) from May 1, 2011 until later in 2011. The government indicated that this delay is due to technical problems in the newly configured biometric data system. As a temporary measure, new residence cards issued after May 1, 2011 will...

04/25/2011

Global Immigration Alert - Germany: Introduction of Biometric Resident Permit Cards Postponed

The German parliament has postponed the issuance of new biometric residence permit cards from May 1, 2011 to September 1, 2011 for foreign nationals of States not members of the European Union (EU) or European Free Trade Association (EFTA). The introduction of biometric residence permit cards complies with EU Regulations no. 1030/2002 and 380/2008, calling for a uniform format for residence permits for non-EU/EEA nationals. The new residence...

04/25/2011

Global Immigration Alert - Canada: Delays in Processing Time at Canadian Consulate in New York

Visa applicants should expect processing delays at the Canadian Consulate in New York, due to the installation of a new computer system. Applications submitted in April 2011 may take longer to process. Average processing times for all visitor visa, work permit and study permit applications will be increased by 10 to 15 days. Same day service for walk-in clients will not be available during the system upgrade. Also, effective February 1,...

04/15/2011

Global Immigration Alert - India: Expanded Options for Business Visitors and Temporary Workers

A number of recent reforms and procedural developments will make it easier to obtain visas for some employers and employees who are planning business visits or international assignments to India. In Country Change of Status Options and Benefits for Dependants Generally, business or employment visa holders cannot change status while in India. In recent months, the Indian government has outlined limited exceptions to this rule. As previously...

04/11/2011

Immigration Alert: May 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the May 2011 Visa Bulletin. As expected, the reallocation of approximately 12,000 unused visa numbers from the employment-based, first preference (EB-1) category resulted in advances for Chinese and Indian nationals in the employment-based, second preference (EB-2) category. The EB-2 priority cut-off date for Chinese nationals advanced to August 1, 2006, and the priority cut-off date for Indian...

04/04/2011

Immigration Alert: Budget Impasse Could Affect U.S. Immigration Services

Amid the ongoing political debate in Washington concerning the federal budget, employers and foreign nationals should be prepared for a possible disruption in immigration services if a congressional compromise is not reached by April 8, 2011, causing a government shutdown. While it remains unclear as to exactly how a government shutdown would impact immigration services, “non-essential” government functions could be suspended and agencies...

03/24/2011

Global Immigration Alert - Australia: Introduction of Biometric Requirements for Certain Visa Applicants

The Minister for Immigration and Citizenship has announced that biometric requirements will be implemented for visa applicants from Syria and Malaysia starting in April 2011, and for applicants from Lebanon, Kenya, Jordan and France starting in May 2011. Applicants who submit paper application forms will need to provide a digital facial photograph and fingerprint scans at local visa application centers. Online applicants that are eligible...

03/17/2011

Gibney’s Immigration Practice Group Ranked by Chambers and Partners

Gibney’s Immigration Practice Group and Partner, Stephen J.O. Maltby, have received the honor of being ranked as Leaders in their Fields in Chambers USA 2011. To be ranked, firms must have an outstanding reputation among their peers and clients. The guide will be released in June, 2011. Chambers and Partners is a prestigious, independent law firm ranking journal that interviews over 20,000 attorneys annually to find the best in the industry....

03/11/2011

Immigration Alert: April 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the April 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2): Worldwide: ...

03/09/2011

Global Immigration Alert - Canada: Amendments to Temporary Foreign Worker Program

Effective April 1, 2011, employers and certain temporary foreign workers will be subject to additional requirements under new Temporary Foreign Worker Program regulations. These include: a more rigorous assessment of the genuineness of the job offer; a two-year prohibition from hiring temporary foreign workers for employers who fail to meet their commitments to workers with respect to wages, working conditions, and occupation; and a...

03/07/2011

Global Immigration Alert - United Kingdom: Proposed Changes to the Points-Based System

The U.K. Border Agency has announced proposed changes in the operation of the Tier 2 category of the Points-Based System and provided guidance on the permanent cap. These changes are proposed to take effect on April 6, 2011. The proposals discussed below are subject to confirmation by Parliament in March 2011. The general information herein is provided so that individuals and employers may plan ahead for recruitment, but is subject to...

03/02/2011

Global Immigration Alert – China: Changes to Visa Application Process

On January 1, 2011, the Chinese Embassy in Washington, D.C. announced implementation of a new Visa Application Form (Form V.2011A) for all tourist, business visa, and employment visa applications. While the new form may be utilized immediately, Chinese consular posts will continue to accept the prior version of the Visa Application Form until June 30, 2011. In addition, effective immediately, foreign nationals who are applying for visas in...

03/02/2011

Gibney Sponsors GDC 2011 Event for Women In Gaming International

Gibney, Anthony & Flaherty LLP is pleased to support Women In Gaming International (WIGI) and sponsor the Game Developers Conference (GDC) 2011 reception. This year's reception will be held at the California Historical Society Museum in San Francisco on Wednesday, March 2, 2011. Through dedicated representation in the areas of Intellectual Property, Business, Immigration and Global Mobility, among others, Gibney supports the growth of...

02/22/2011

Immigration Alert: H-1B Filings for Fiscal Year 2012

April 1, 2011 marks the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the Fiscal Year (FY) 2012 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 identify potential H-1B cap cases now and work with immigration counsel to ensure timely filing of...

02/17/2011

Immigration Alert: USCIS To Issue Combined EAD and Advance Parole Card

On February 11, 2011, United States Citizenship and Immigration Services (USCIS) announced that it would begin issuing a combined Employment Authorization and Advance Parole card (Advance Parole EAD card) for certain adjustment of status applicants who have filed a Form I-485 Application to Register Permanent Residence or Adjust Status. Prior to this announcement, employment- and family-based adjustment of status applicants received two...

02/15/2011

Immigration Alert: March 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the March 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2): Worldwide: ...

02/01/2011

Immigration Practice Group Hosts February 3rd Seminar on Global Mobility - Recovery & Reform in 2011: Is Your Company Ready?

On February 3, 2011 Gibney will hold a seminar entitled, Recovery and Reform in 2011: Is Your Company Ready? Details are as follows: Continental Breakfast 8:30 am - 9:00 am PSTSeminar 9:00 am - 10:30 am PST Location The Hilton Santa Clara4949 Great America ParkwaySanta Clara, CA 95054 Topics for Discussion The speakers will discuss global trends in immigration and individual/mobility taxation, including how companies can prepare for...

01/28/2011

Immigration Alert: H-1B Cap Reached January 26, 2011

United States Citizenship and Immigration Services (“USCIS”) announced yesterday, January 27, 2011, that it has received sufficient petitions to reach the statutory cap for new H-1B petitions for Fiscal Year 2011 (October 1, 2010 to September 30, 2011). USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on January 26, 2011. USCIS will reject new H-1B petitions for...

01/14/2011

Immigration Alert: February 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the February 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2): Worldwide:...

01/05/2011

Immigration Alert: H-1B Cap Approaching

On January 4, 2010, U.S. Citizenship & Immigration Services (“USCIS”) announced that, as of December 31, 2010, approximately 57,300 H-1B cap-subject petitions had been filed. We anticipate that USCIS will soon announce the cap has been reached. Once the cap has been reached, USCIS will stop accepting new H-1B petitions for fiscal year 2011 (October 1, 2010 to September 30, 2011). Employers preparing new H-1B petitions are encouraged to...

01/05/2011

Global Immigration Alert - South Korea: Changes to Streamline the Employment Visa Process

Korea recently implemented two changes that will streamline procedures for foreign nationals: 1) Certain foreign workers no longer need to obtain advance approval before changing their place of employment; and2) Re-entry permits requirements are waived for holders of long-term work visas who depart Korea for less than one year. Reporting Requirements Simplified Effective January 1, 2011, certain foreign nationals who wish to add to or...

12/21/2010

Immigration Practice Head to Speak at City Bar CLE Event

On Thursday, January 13, 2011 from 6:00 to 8:15 the New York City Bar Center for CLE will be hosting a program entitled, Immigration Law in the Workplace: the Current Compliance Landscape. There will be three lectures that describe U.S. immigration worksite compliance. Please see the full agenda. Gibney Immigration Partner, Stephen J.O. Maltby, will be speaking during a session entitled, "How to Represent Your Client During a Government...

12/13/2010

Immigration Alert: January 2011 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the January 2011 Visa Bulletin. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. Employment-based, second preference (EB-2): Worldwide:...

12/10/2010

Global Immigration Alert - Hong Kong: Procedural Changes Affecting Foreign National Residents

On December 6, 2010, Hong Kong introduced two optional procedures for foreign nationals residing in Hong Kong, outlined below. Registration of Outbound Travel Information The government launched the Registration of Outbound Travel Information (ROTI) service to facilitate communication and assistance for foreign nationals in the event of an emergency. Hong Kong residents can register their contact details and itineraries for travel outside...

12/03/2010

Immigration Alert: New Form I-129 Requires U.S. Employers to Certify Compliance with U.S. Export Control Regulations

Effective December 23, 2010, U.S. employers petitioning for nonimmigrant workers will be required to utilize a revised version of Form I-129 containing a new section entitled “Certification Regarding the Release of Controlled Technology or Technical Data to Foreign Persons in the United States.” This section must be completed by petitioning employers when sponsoring foreign nationals for H-1B, H-1B1 Chile/Singapore, L-1, or O-1A status. The...

11/09/2010

Immigration Alert: USCIS Fee Increases Effective November 23, 2010

U.S. Citizenship and Immigration Services (USCIS) announced new government filing fees for immigration applications and petitions effective November 23, 2010. The final rule will increase overall fees by a weighted average of approximately 10 percent but will not increase the fee for the naturalization application. The rule will also reduce fees for six individual applications and petitions and will expand the availability of fee waivers to...

11/01/2010

U.K. Upcoming Event: Nov. 18, 2010 Partner Stephen Maltby to Speak at Business Immigration Conference in London

November 18, 2010: Business Immigration Conference in association with Magrath LLP in London Immigration has been one of the biggest political issues of 2010. The new coalition government has introduced a radical new approach including the imposition of quotas for employment and business related migration. The policy will have a major impact upon the strategies undertaken by U.K. companies to recruit the best candidates for U.K. roles. A...

10/25/2010

Upcoming Global Immigration Webinar - November 3, 2010

On November 3, 2010 at 9am PDT / 12pm EDT, Gibney will hold a webinar entitled Overseas Assignments: Relocation, Immigration and Tax Considerations. The webinar will be moderated by Gibney’s Immigration Practice Head, Stephen J.O. Maltby. Webinar Topics: I. Host Country Relocation Issues: What to expect when moving overseas and how to capitalize on the relocation investment II. Maintaining U.S. Immigration Status While Abroad How...

10/14/2010

Immigration Alert: November 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the November 2010 Visa Bulletin. There are modest advances in priority dates across most categories. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based, first preference (EB-1): All foreign nationals: Current "Current" means that immigrant visa numbers are immediately available for all priority dates within the designated preference...

09/15/2010

Immigration Alert: October 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the October 2010 Visa Bulletin. With the start of the government’s new fiscal year on October 1, there are modest advances in priority dates across most categories and priority dates once again become available for Mexican nationals in the employment-based, third preference categories. Priority cut-off dates for the most common employment-based categories are provided below. Employment-based,...

08/25/2010

Immigration Alert: Final DHS Form I-9 Rules Take Effect

On August 23, 2010 the finalized Form I-9 regulation recently issued by the Department Homeland Security takes effect. The new regulation allows employers to electronically complete, sign, and retain Forms I-9 and clarifies the rules for electronically creating and storing Forms I-9. The new regulation also mandates that employers must complete Section 2 of Form I-9 within three business, rather than calendar, days. More information about...

08/25/2010

Immigration Alert: DHS to Introduce ESTA Fee for Visa Waiver Travelers

Beginning September 8, 2010, the U.S. Department of Homeland Security (DHS) will require Visa Waiver Program (VWP) travelers to pay a $14 fee when registering with the Electronic System for Travel Authorization (ESTA) online prior to traveling to the United States. The fee, authorized by the Travel Promotion Act of 2009, will be utilized to fund programs to promote travel and tourism in the United States. As of September 8, the $14 ESTA...

08/25/2010

Immigration Alert: USCIS Provides Guidance on New Law Raising L-1 and H-1B Fees for Some Employers

U.S. Citizenship and Immigration Services (USCIS) has provided preliminary guidance as to how it will implement the L-1 and H-1B fee provisions of the Emergency Border Security Supplemental Appropriations Act of 2010, signed into law on August 13, 2010, and effective immediately. Which employers are subject to the new fees? USCIS confirmed that petitioners who employ more than 50 persons in the United States, and whose U.S. workforce is...

08/18/2010

Immigration Alert: New Law Raises L-1 and H-1B Fees for Some Employers

On August 13, 2010, President Obama signed into law the Emergency Border Security Supplemental Appropriations Act of 2010. Among provisions that provide additional funding for law enforcement activities along the southwest border, the law raises the L-1 and H-1B filing fee and fraud prevention and detection fee for some employers. Specifically, for U.S. employers with more than 50 employees and a workforce comprised of more than 50% H-1B or...

08/13/2010

Immigration Alert: September 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the September 2010 Visa Bulletin. In the employment-based, second preference (EB-2) category, the priority cut-off dates for Chinese and Indian nationals advanced to May 8, 2006. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications. The EB-2 priority cut-off dates for all other countries remain...

08/04/2010

Immigration Alert: DHS Finalizes I-9 Employment Form Rule

On July 22, 2010 the U.S. Department of Homeland Security finalized a regulation allowing employers to electronically complete, sign, and retain Forms I-9. DHS adopted an interim rule in 2006 allowing electronic storage of Forms I-9. The new regulation contains several modifications to the interim rule: employers must complete Form I-9 within three business, rather than calendar days; employers may use paper, electronic, or a combination of...

07/19/2010

Immigration Alert: USCIS Clarifies "What's the Hire Date for E-Verify"

In June 2010, U.S. Citizenship and Immigration Services (USCIS) provided additional guidance for employers regarding the date of hire for purposes of completing E-Verify, the online system for registered employers to electronically verify an employee’s authorization to work in the United States. USCIS addressed questions raised by E-Verify registered employers regarding the requirement to complete E-Verify within three days of hire and...

07/14/2010

Immigration Alert: August 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the August 2010 Visa Bulletin. In the employment-based, second preference (EB-2) category, the priority cut-off dates for Chinese and Indian nationals advanced to March 1, 2006. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications. The EB-2 priority cut-off dates for all other countries remain...

07/01/2010

Immigration Practice Group Hosts July 13 Webinar on Global Immigration Compliance

On July 13, 2010 Gibney will hold a webinar entitled, Global Immigration Compliance: Updates on Enforcement Trends and Reform in Selected Jurisdictions Details are as follows: Time & Date: Tuesday July 13, 20109:00 - 10:00 am PDT / 12:00 - 1:00 pm EDT / 5:00 - 6:00 pm GMT Topics: Introduction & Overview United Kingdom - Magrath LLP Legal Right to Work - Compliance and Penalties Employer Obligations Under the Points Based System How...

06/15/2010

Immigration Alert: July 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the July 2010 Visa Bulletin. In the employment-based, second preference (EB-2) category, the priority cut-off date for Indian nationals advanced to October 1, 2005. However, the EB-2 priority cut-off date for Chinese nationals remains unchanged from June, at November 22, 2005. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or...

06/11/2010

Gibney News: Gibney Attorney meets with USCIS Director

Gibney attorney Judi McManigal attended an immigration stakeholders meeting with the U.S. Citizenship and Immigration Services (USCIS) Director, Alejandro Mayorkas. Director Mayorkas provided an overview of USCIS goals in the upcoming year, then Ms. McManigal and other attendees asked questions and provided suggestions. Recommendations included improvement of the 800 customer service line, reconsideration of the H-1B memo regarding...

06/11/2010

Immigration Alert: USCIS Announces E-Verify Redesign

On June 13, 2010 USCIS will launch a redesigned E-Verify website intended to enhance the system’s usability, security, accuracy and efficiency. The redesigned website will feature new menus, case alerts, simplified terms, and an improved news section. New icons will also be introduced to allow users to easily identify cases that need attention. While existing usernames and passwords will remain valid, E-Verify users will be required to...

06/11/2010

Gibney Partner Stephen J.O. Maltby Moderates Panel at 2010 ACIP Annual Symposium

On Wednesday, June 9, 2010, immigration practice head, Stephen J.O. Maltby moderated a panel discussion at the American Council on International Personnel (ACIP) Annual Symposium in Washington, D.C. entitled, "Meet the Investigators". The discussion centered around the U.S. government departments in charge of worksite investigation. Speakers included Ronald Atkinson, Kurt Fitz-Randolph and Diane Koplewski. The 2010 ACIP Annual Symposium...

06/09/2010

Global Immigration Alert - Canada: Facilitated Processing for IT Specialists to End

Effective October 1, 2010, facilitated processing for Information Technology Specialist (“IT Specialist”) visas under the Temporary Foreign Worker Program (“TFWP”) in Canada will no longer be available. Under facilitated processing, employers were not required to test the labor market for available workers and IT Specialist visa applicants were able to apply for work permits at a Canadian consulate or Port of Entry. In announcing the...

05/21/2010

Gibney Webinar: The Worksite Investigator is Knocking Are You Ready?

On May 25, 2010 at 2:00p.m. EDT, Gibney will hold a webinar. The webinar will explore the federal agencies that are active in worksite investigations. Led by an expert panel, participants will learn about what to expect when an investigator comes knocking at the door. The discussion will center on the trends and triggers in investigations by USCIS, ICE and DOL, as well as proactive steps for employers to ensure compliance. Sign up at

05/21/2010

Global Immigration Alert - Mexico: Mexico Waives Visa Requirements for U.S. Nonimmigrant Visa Holders

Effective May 1, 2010, Mexico’s National Institute of Migration (INM) announced that foreign nationals of any nationality who hold valid U.S. nonimmigrant or immigrant visa status may apply for admission to Mexico at all ports of entry (land, sea and air) without first obtaining a visa to enter Mexico. Under the new rule, these foreign nationals may be admitted to Mexico by providing the following documentation: Valid passport Completed...

05/20/2010

Global Immigration Alert - United Kingdom: UK Introduces Priority Processing

The United Kingdom Border Agency (UKBA) International Group announced that consular posts in New York, Chicago and Los Angeles will offer fee-based priority processing for all visa applications that require expedited processing, similar to the premium processing program offered by U.S. Citizenship and Immigration Services. Effective June 1, 2010, applicants requesting priority processing of their UK visa applications will be charged a...

05/20/2010

Immigration Alert: USCIS Redesigns the Green Card

U.S. Citizenship and Immigration Services (USCIS) announced last week that it will begin issuing newly redesigned U.S. Permanent Resident Cards as of May 11, 2010. Taking a cue from the document’s nickname, the new cards are tinted green, and will incorporate a host of new security measures intended to prevent fraud while making authentic documents easy to identify and trace. Why did USCIS redesign the Permanent Resident Card? The new...

05/16/2010

Immigration Alert: June 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the June 2010 Visa Bulletin. There are modest advancements in some of the employment-based categories. In the employment-based, second preference (EB-2) category, the priority cut-off date for Chinese nationals advanced to November 22, 2005. However, the EB-2 priority cut-off date for Indian nationals remains unchanged from May, at February 1, 2005. Foreign nationals having a priority date...

04/29/2010

Global Immigration Alert: India - Zero Tolerance Mandated for Indian Visa Applications

The Indian Embassy outsources receipt of tourist, business, and work permit visa applications to the India Visa Center-Travisa Outsourcing Office (“Travisa”). Tourist, business and work permit visa applications are submitted directly to Travisa, and Travisa, in turn, submits the application to the Indian Consulate having jurisdiction over the foreign national. On April 21, 2010, Travisa announced that implementation of regulatory changes...

04/28/2010

Global Immigration Alert: Brazil - Appointment-Based Registration Procedures Reversed in Sao Paulo

The government of Brazil recently made changes to its in-country registration procedures impacting foreign nationals situated in São Paulo. Overview All foreign nationals who will be in Brazil for more than 90 days are required to register with Brazil’s Federal Police. Registration for work permit holders must be done within 30 days of the foreign national’s first entry into Brazil pursuant to an endorsed work visa in their passport....

04/21/2010

Global Immigration Alert - South Africa: 2010 FIFA World Cup Travel Tips and Visa Requirements

The 2010 FIFA World Cup will be held from June 11, 2010 through July 11, 2010 in nine cities across South Africa, including Cape Town, Durban, Johannesburg, Bloemfontein, Pretoria, Rustenburg, Port Elizabeth, Polokwane, and Nelspruit. Foreign nationals planning to attend the 2010 FIFA World Cup in South Africa should determine if a visa is required for their visit as soon as possible. Citizens of certain countries, including the United...

04/19/2010

Immigration Alert: USCIS Issues "E-Verify Enrollment Quick Reference Guide"

In March 2010 U.S. Citizenship and Immigration Services (USCIS) issued an “E-Verify Enrollment Quick Reference Guide” for employers who elect to enroll their companies in E-Verify. This guide follows the more comprehensive “Quick Reference Guide for Employers” issued in March 2009, and provides specific guidance on E-Verify enrollment procedures, including company registration, user role designation, and selection of verification locations...

04/15/2010

Immigration Alert: May 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the May 2010 Visa Bulletin. There are modest advancements in some of the employment-based categories. In the employment-based, second preference (EB-2) category, the priority cut-off date for Chinese nationals advanced to September 22, 2005. However, the EB-2 priority cut-off date for Indian nationals remains unchanged from April, at February 1, 2005. Foreign nationals having a priority date...

03/31/2010

Immigration Alert: U.S. Visa Waiver Program to Include Greece

Secretary of Homeland Security Janet Napolitano recently announced Greece’s designation as a member of the Visa Waiver Program. Greek citizens will be able to visit the United States under the Visa Waiver Program (VWP) commencing April 5, 2010. The VWP permits eligible citizens and nationals of designated countries to visit the United States for a 90-day period for business or tourism without obtaining a visa. Citizens of VWP countries may...

03/25/2010

Global Immigration Alert: Mexico Immigration Reform Will Impact Business Travelers

On January 29, 2010, Mexico’s National Migration Institute (NMI) published a Manual of Criteria and Migration Procedures (“the Manual”). The Manual simplifies the process for obtaining nonimmigrant visas, extends the authorized period of admission pursuant to these visas from 30 days to 180 days, and changes Mexican visa terminology. The changes will take effect May 1, 2010. New Short-Term Visa Introduced: Forma Migratoria Multiple...

03/25/2010

Immigration Alert: DHS Announces New E-Verify Civil Rights Initiatives

On March 17, 2010, the Department of Homeland Security (DHS) announced three new initiatives concerning E-Verify, the voluntary web-based system operated in partnership by U.S. Citizenship and Immigration Services (USCIS) and the Social Security Administration that allows participating employers to electronically verify the employment eligibility of newly hired workers. Information regarding the DHS announcement is available here. The most...

03/16/2010

Immigration Alert: April 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the April 2010 Visa Bulletin. There are modest advancements in some of the employment-based categories. In the employment-based, second preference (EB-2) category, the priority cut-off date for Chinese nationals advanced to August 22, 2005. However, the EB-2 priority cut-off date for Indian nationals remains unchanged from March, at February 1, 2005. Foreign nationals having a priority date...

03/12/2010

Gibney Debuts at the Game Developers Conference in San Francisco

Gibney made its debut at the 2010 annual Game Developers Conference in San Francisco from March 9 - 13, 2010. Gibney showed its support for Women in Games International, co-sponsoring their event at the California Historical Society on Wednesday, March 10, 2010. Gibney attorneys are also participating in several programs and are on hand in the Exhibit Hall to provide information regarding our practice areas, with a special focus on...

03/11/2010

Immigration Alert: ICE Issues 180 Audit Notices to Businesses in Five States

On March 2, 2010, U.S. Immigration and Customs Enforcement (ICE), a division of the Department of Homeland Security, announced that 180 businesses in Alabama, Arkansas, Louisiana, Mississippi, and Tennessee were issued Notices of Inspection (NOIs), indicating that ICE intends to inspect their Forms I-9 and other hiring records to determine their compliance with employment eligibility verification laws. A copy of the ICE announcement is...

02/18/2010

Global Immigration Alert: United Kingdom Immigration Reform Updates

Proposed Changes Impacting Intra-company Transferees In January 2010, the Migration Advisory Committee (MAC) made recommendations to the United Kingdom Border Agency (UKBA), including proposed changes to the criteria for foreign workers in the Tier 2 (Intra-company Transferee) category under the points-based system. Under current regulations, a foreign national must have been employed at a headquarters, branch, or other affiliate office...

02/11/2010

Global Immigration Alert: Norway: New Immigration Act Impacts Foreign Workers

In January 2010, Norway implemented a new Immigration Act (“the Act”). The Act placed restrictions on certain foreign workers and changed the terminology for work and residence permit categories. All applications are now classified as residence permits and each permit designates whether a foreign national is entitled to work and whether there are any restrictions. Additionally, foreign national employees are now required to provide evidence...

02/11/2010

Immigration Alert: March 2010 U.S. Visa Bulletin Released

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...

02/03/2010

Immigration Alert: H-1B Cap Season Approaching

April 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...

01/26/2010

Immigration Alert: USCIS Releases Guidance Regarding Employment Relationships and Documentary Requirements for H-1B Employers

U.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...

01/22/2010

Global Immigration Alert: India Visa Update: Ongoing Immigration Reforms and Complications

Consistent 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...

01/12/2010

Immigration Alert: February 2010 U.S. Visa Bulletin Released

The 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...

01/11/2010

Megan O'Connor and Trisha Yukawa Named Partners

Gibney, Anthony & Flaherty LLP is pleased to announce that attorneys Megan O’Connor and Trisha Yukawa have become Partners in the firm.Ms. O’Connor practices in the area of U.S. immigration, assisting corporate and individual clients in obtaining immigrant and nonimmigrant visas and providing advice on nationality issues. She graduated from Fordham University School of Law in 2001, where she served as an editor of the Fordham Intellectual...

01/06/2010

Immigration Alert: H-1B Cap Reached December 21, 2009

United States Citizenship and Immigration Services announced that it has received sufficient petitions to reach the statutory cap for new H-1B petitions for Fiscal Year 2010 (October 1, 2009 to September 30, 2010). USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009. USCIS will reject new H-1B petitions for fiscal year 2010 that are received after...

12/17/2009

USCIS Director Mayorkas to Hold External Stakeholders Meeting

On January 21, 2010, Gibney Associate, Judi McManigal, will attend an External Stakeholders’ Roundtable Meeting with Director Alejandro Mayorkas of the United States Citizenship and Immigration Services (USCIS). The meeting will run from 2:00 pm to 3:30 pm in the USCIS Information Room at 444 Washington St., San Francisco, CA. Mayorkas is the first USCIS director that has met with external stakeholders in San...

12/15/2009

Immigration Alert: January 2010 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the January 2010 Visa Bulletin. In the employment-based, third preference (EB-3) “professional and skilled worker” category, the priority cut-off dates for Worldwide, China and the Philippines advanced to August 1, 2002. The EB-3 priority cut-off date for Indian nationals advanced from May 1, 2001 to June 22, 2001 and the EB-3 priority cut-off date for Mexican nationals advanced from June 1,...

12/09/2009

Immigration Article by Stephen Maltby on US Immigration: a new era of protectionism and enforcement

In the US, as elsewhere, the recession of 2008-2009 has fuelled the long-standing debate on business immigration: should immigration policies restrict the hiring of foreign personnel in response to rising local unemployment, or do protectionist immigration policies impede economic recovery and growth by inhibiting access to foreign skills and talent that can yield innovation and competitiveness? Read the full article here. This article was...

12/01/2009

Immigration Alert: H-1B Cap Approaching

On November 30, 2009, USCIS announced that, as of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. We anticipate that USCIS will soon announce the cap has been reached. Once the cap has been reached, USCIS will stop accepting new H-1B petitions for fiscal year 2010 (October 1, 2009 to September 30, 2010). Employers preparing new H-1B petitions are encouraged to expedite processing as soon as possible. For...

11/19/2009

Immigration Alert: ICE Issues Notices of Inspection to 1000 U.S. Employers

On November 19, 2009, Department of Homeland Security Immigration and Customs Enforcement (ICE) Assistant Secretary John Morton announced the issuance of Notices of Inspection (NOIs) to 1,000 employers across the country to compel production of their Forms I-9 and to audit their hiring and business records. This number surpassed the delivery of 652 NOIs to businesses on July 1, 2009, which had exceeded the number of NOIs issued for all of...

11/19/2009

Immigration Alert: USCIS Issues Revised Form I-9 Inspection Overview

On November 19, 2009, USCIS issued a “Form I-9 Inspection Overview,” which provides a general description of U.S. Immigration and Customs Enforcement’s Form I-9 inspection process. Employers are required by law to complete a Form I-9 verifying the identity and employment eligibility of all individuals hired in the United States after November 6, 1986. Employers are additionally obligated to maintain Forms I-9 for inspection. The overview...

11/16/2009

Immigration Alert: December 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the December 2009 Visa Bulletin. In the employment-based, third preference (EB-3) “professional and skilled worker” category, the priority cut-off dates for Indian nationals advanced slightly from April 22, 2001 to May 1, 2001. The EB-3 priority cut-off dates for Worldwide, China, Mexico, and the Philippines remain at June 1, 2002, unchanged from last month. Foreign nationals having a priority...

11/03/2009

Senior Counsel Minal Shah Selected to Super Lawyers Northern California 2009

Minal Shah online at visit superlawyers.com

10/30/2009

Global Immigration Update India: Indian Authorities Issue Guidance on Immigration Reforms

India has undertaken significant immigration reforms impacting the issuance of business and employment visas for foreign nationals. In August 2009, the Ministry of Commerce and Industry issued a letter providing guidance regarding eligibility and visa requirements, and in October 2009, the Ministry of Home Affairs (MHA) issued further clarification in a detailed list of Frequently Asked Questions (FAQs). The FAQs provide guidance for...

10/23/2009

Immigration Alert: USCIS Issues Revised "E-Verify: Supplemental Guide for Federal Contractors"

On October 21, 2009, U.S. Citizenship and Immigration Services (“USCIS”) issued a revised “E-Verify: Supplemental Guide for Federal Contractors.” The revised guide addresses updated E-Verify functionality, including creation of two new E-Verify user designations to distinguish federal contractors whose enrollment in E-Verify is mandatory from federal contractors whose enrollment is voluntary (replacing the single designation of “Federal...

10/21/2009

Immigration Alert: November 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the November 2009 Visa Bulletin. In the employment-based, third preference (EB-3) “professional and skilled worker” category, the priority cut-off dates for Chinese and Mexican nationals advanced to June 1, 2002. The cut-off date for Indian nationals advanced slightly from April 15, 2001 to April 22, 2001. The EB-3 priority cut-off dates for Worldwide and the Philippines remain at June 1, 2002,...

10/21/2009

Immigration Practice Group Hosts November 3rd Seminar on Global Mobility: Corporate Trends and Best Practices for International Assignments

Our Immigration Practice Group is pleased to present a seminar on: Global Mobility: Corporate Trends and Best Practices for International Assignments Tuesday, November 3, 2009Continental Breakfast 8:30am – 9:00amSeminar 9:00am – 10:30amThe Fairmont San Jose170 S. Market StreetSan Jose, CA 95113 Topics · International Assignment Agreements and Compensation · Arrangements · Employment terms and conditions · Reconciling...

10/20/2009

Immigration Article: Immigration Score Card--Adaptability of Points-Based Systems to Changing Economic Conditions by Attorney Deborah Davy

Immigration Senior Counsel Deborah Davy authored this article in the Expatriate Adviser, Autumn 2009. Read article in full. This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney advertising in some states.

09/22/2009

Immigration Alert: DHS Increases Fraud Investigations at U.S. Companies

The Department of Homeland Security (DHS) has recently stepped-up investigations of U.S. employers as part of a broad initiative to uncover fraud in the filing of employment-based immigration petitions, and to enforce compliance with Form I-9 employment verification requirements. The Fraud Detection and National Security (FDNS) unit of U.S. Citizenship and Immigration Services (USCIS) has deployed officers and contract investigators to make...

09/14/2009

Immigration Alert: October 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the October 2009 Visa Bulletin. With the start of the government’s new fiscal year on October 1, visa numbers are once again available in the employment-based, third preference (EB-3) category after having been unavailable for several months. In the EB-3 “professional and skilled worker” category, priority cut-off dates are as follows: Worldwide and the Philippines: June 1, 2002; China:...

09/09/2009

Immigration Alert: USCIS Issues E-Verify: Supplemental Guide for Federal Contractors

On September 8, 2009, the amended Federal Appropriation Regulation (“FAR”) became effective. The amended FAR requires that most federal contracts contain a clause mandating that contractors and subcontractors use E-Verify to electronically verify the work authorization of certain employees. In conjunction with implementation of the amended FAR, on September 8, 2009, U.S. Citizenship and Immigration Services (“USCIS”) issued the “E-Verify:...

09/01/2009

Immigration Alert: E-Verify Mandate for Federal Contractors Effective September 8, 2009

The U.S. District Court for the District of Maryland has upheld the amended Federal Appropriation Regulations mandating use of E-Verify for federal contractors, rejecting legal challenges to the validity of the rule filed by the U.S. Chamber of Commerce and other groups. Scheduled to take effect on September 8, 2009, the rule will require that most federal contracts contain a clause mandating that contractors and subcontractors use E-Verify...

08/12/2009

Immigration Alert: September 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the September 2009 Visa Bulletin. In the employment-based second preference (EB-2) category, priority cut-off dates for Chinese and Indian nationals advanced for the second month in a row, from October 1, 2003 to January 8, 2005. Foreign nationals having a priority date before the established cut-off date are eligible to file immigrant visa or adjustment of status applications. In other...

07/21/2009

Partner Stephen J.O. Maltby Named to Advisory Panel for British Airways' "Face of Opportunity" Contest

Between July 14 and July 31, British Airways is holding the "Face of Opportunity" contest to find the brightest entrepreneurial minds in the U.S. and what they could accomplish with their businesses if they had the chance to have face to face meetings abroad. The prize for winning entries is a complimentary round-trip flight to London or beyond from New York, Chicago and Los Angeles. Gibney Partner Stephen J.O. Maltby was named by British...

07/15/2009

Global Immigration Alert - Japan: New System of Residence Management

The Japanese Immigration Bureau has announced significant changes to the Immigration Control and Refugee Recognition Act that will take effect over the next three years. The Immigration Bureau has introduced these changes to increase control over the entry, residence, and departure of foreign nationals in Japan. As discussed below, major changes include increased validity periods for employment visas and Re-entry Permits and the abolishment...

07/13/2009

Immigration Alert: August 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the August 2009 Visa Bulletin. In the employment-based second preference (EB-2) category, priority cut-off dates for Chinese and Indian nationals advanced from January 1, 2000 to October 1, 2003. This advancement occurred despite DOS warnings last month that the EB-2 category for Indian and Chinese nationals might become unavailable in August. Foreign nationals having a priority date before the...

07/13/2009

Attorney J. Claire Razzolini Becomes Partner

Gibney, Anthony & Flaherty LLP is pleased to announce that attorney J. Claire Razzolini has become a Partner in the firm. Ms. Razzolini practices in the area of U.S. immigration and nationality law, counseling established global companies regarding the employment of foreign nationals and related federal compliance issues. She represents corporate and individual clients before the U.S. Department of Homeland Security, the U.S. Department of...

07/10/2009

Immigration Alert: DHS Announces Intent to Implement Federal Contractor E-Verify Rule

On July 8, 2009 Department of Homeland Security (DHS) Secretary Napolitano announced the Obama Administration’s support of the Federal Acquisitions Regulatory Council final rule requiring federal contractors and subcontractors to verify the work authorization of employees utilizing the E-Verify system. With this announcement, the Administration signals its support of the E-Verify program and its intent to implement the federal contractor...

06/29/2009

Immigration Alert: USCIS Update Continuing Validity of Form I-9

U.S. Citizenship and Immigration Services (USCIS) has advised that the current Form I-9 (Rev. 02/02/09) will remain valid beyond June 30, 2009, despite the June 30 expiration date that appears on the top of the form. U.S. employers should continue to use Form I-9 (Rev. 02/02/09) for employment eligibility verification. The Form I-9 is available at http://www.uscis.gov/files/form/i-9.pdf. USCIS has requested a formal extension of the Form I-9...

06/15/2009

Immigration Alert: July 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the July 2009 Visa Bulletin. Due to continuing high demand for visa numbers by U.S. Citizenship and Immigration Services (USCIS) for adjustment of status cases, the employment-based second preference (EB-2) category for Chinese nationals has retrogressed significantly, from February 15, 2005 to January 1, 2000. The priority cut-off date for Indian nationals in the EB-2 category is likewise...

06/02/2009

Immigration Alert: Implementation of E-Verify Rule for Federal Contractors Again Postponed

The U.S. Chamber of Commerce has announced that implementation of the final rule requiring federal contractors and subcontractors to verify the work authorization of employees utilizing the E-Verify system has been suspended until September 8, 2009. Implementation of the rule, initially set to take effect on January 15, 2009, has been postponed several times pursuant to litigation challenging the rule’s validity, led by the U.S. Chamber of...

05/20/2009

Immigration Alert: June 1, 2009 Deadline Approaching for Implementation of New Travel Document Requirements at Land and Sea Ports

As a reminder, commencing June 1, 2009, all travelers entering the United States at land and sea ports will be required to present an approved travel document establishing identity and citizenship. This change primarily affects citizens of the United States, Canada and Bermuda who currently may be admitted at U.S. land and sea ports by presenting a government-issued photo identity document and a second document establishing...

05/11/2009

Immigration Alert: June 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the June 2009 Visa Bulletin. Due to continuing high demand for visa numbers by U.S. Citizenship and Immigration Services (USCIS) for adjustment of status cases, the employment-based second preference (EB-2) category for Indian nationals has retrogressed significantly, from February 15, 2004 to January 1, 2000. At this time, DOS is unable to estimate whether this retrogression will remain in...

05/08/2009

Immigration Alert: Longer Processing Times Projected for DOL

The U.S. Department of Labor (DOL) has introduced a new electronic portal, iCert, for the filing of Labor Condition Applications (LCAs) utilized for H-1B, H-1B1, and E-3 petitions. Use of the iCert system to file LCAs will be mandatory as of May 15, 2009. Preliminary reports indicate that there are problems with iCert functionality, and DOL is working to resolve those issues. However, even with improved functionality, DOL has advised that...

04/30/2009

Immigration Alert: Implementation of E-Verify Requirements for Federal Contractors Further Postponed

The Federal Acquisitions Regulatory Councils have further postponed the final rule requiring federal contractors and subcontractors to verify the work authorization of employees utilizing the E-Verify system. Implementation of the final rule is now postponed until June 30, 2009. As we previously reported, on November 14, 2008, the federal government published final regulations requiring certain federal contractors to utilize the E-Verify...

04/22/2009

Immigration Alert: May 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the May 2009 Visa Bulletin. Due to high demand for visa numbers by U.S. Citizenship and Immigration Services (USCIS) for adjustment of status cases in the employment-based third preference (EB-3) “professional and skilled worker” and “other worker” categories, visa numbers are unavailable for all countries in these preference categories. “Unavailable” means that the annual limit for these...

04/21/2009

Immigration Alert: H-1B UPDATE

United States Citizenship and Immigration Services (“USCIS”) has announced that it will continue to accept H-1B petitions subject to the cap for Fiscal Year 2010 because the numerical limit has not been reached. On April 9, 2009, USCIS announced that it has received approximately 42,000 H-1B petitions to be counted against the FY2010 cap of 65,000 H-1B visas. The agency has received approximately 20,000 petitions to be counted against the...

04/08/2009

Immigration Alert: Reminder: New Document Requirements for U.S., Canadian and Bermudian Citizens at U.S. Land and Sea Ports Effective June 1, 2009

Commencing June 1, 2009, all travelers entering the United States at land and sea ports will be required to present an approved travel document establishing identity and citizenship to enter the United States. This change primarily affects citizens of the United States, Canada and Bermuda who currently may be admitted at U.S. land and sea ports by presenting a government-issued photo identity document and a second document establishing...

04/03/2009

Immigration Alert: Required Use of Revised Form I-9 Takes Effect Today

U.S. employers are reminded that, effective today, all employers are required to use the revised Form I-9 with revision date “Rev. 02/02/09” appearing in the lower right-hand corner of the form. Previous versions of the Form I-9 may no longer be used. The new Form I-9 is available at http://www.uscis.gov/files/form/i-9.pdf. On December 17, 2008, U.S. Citizenship and Immigration Services (USCIS) published an interim final rule amending its...

03/17/2009

Immigration Alert: April 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the April 2009 Visa Bulletin. In the employment-based third preference (EB-3) category, priority dates advanced slightly for Chinese and Indian nationals, but retrogressed for Worldwide, Mexican and Filipino nationals. Priority cut-off dates remain “current” for all foreign nationals in the employment-based first preference (EB-1) category. “Current” means that immigrant visa numbers are...

02/24/2009

Immigration Alert: H-1B Cap Season Approaching

April 1, 2009 marks the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the Fiscal Year (FY) 2010 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...

02/10/2009

Immigration Alert: March 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the March 2009 Visa Bulletin. Priority dates advanced slightly for Chinese and Indian nationals in the employment-based second preference (EB-2) category. In the employment-based third preference (EB-3) category, priority dates also advanced slightly for Chinese and Mexican nationals, but remained the same for Indian, Filipino and Worldwide nationals. Priority cut-off dates remain “current”...

02/02/2009

Immigration Alert: Implementation of New Form I-9 Postponed

USCIS has postponed implementation of a rule requiring use of a new Form I-9 until April 3, 2009. The rule was set to take effect today but has been postponed to give the Department of Homeland Security and the Obama Administration an opportunity to review the rule further. In the interim, employers should continue using the current version of the Form I-9 dated “06/05/07.” In addition to postponing implementation of the rule, USCIS has...

01/30/2009

Immigration Alert: Federal Contractor E-Verify Requirements Suspended until May 21, 2009

As we previously reported, a lawsuit was filed by several groups challenging the validity of regulations requiring certain federal contractors to utilize the E-Verify system to verify work authorization of employees. As a result, on January 9, 2009, the U.S. Department of Justice (DOJ) agreed to suspend implementation of the regulations until February 20, 2009. The litigants, led by the U.S. Chamber of Commerce, have now announced that the...

01/29/2009

Immigration Practice Group Hosts February 26th Seminar on Navigating a Changing Landscape: Immigration and Workforce Planning

Our Immigration Practice Group is pleased to present a seminar on: Navigating a Changing Landscape: Immigration and Workforce Planning Thursday, February 26, 2009Continental Breakfast 8:00am – 8:30amSeminar 8:30am – 10:00amThe Fairmont San Jose170 S. Market StreetSan Jose, CA 95113 Topics Impact of Restructuring on Your Immigration Program•Layoffs•Permanent Residence Options•Job Changes: Location, Salary & Duties U.S. Department of...

01/27/2009

Immigration Alert: New Procedures at U.S. Ports of Entry for Non-Citizens

Expansion of US-VISIT Under the United States Visitor and Immigrant Status Indicator Technology (US-VISIT) Program, the Department of Homeland Security (DHS) collects biometric data from certain travelers entering the United States in order to verify the individual’s identity and to perform security checks. Under revised federal regulations effective January 18, 2009, many individuals, including permanent residents, not previously subject to...

01/15/2009

Immigration Alert: February 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the February 2009 Visa Bulletin. Priority dates advanced slightly for Chinese and Indian nationals in the employment-based second preference (EB-2) category. In the employment-based third preference (EB-3) category, priority dates also advanced slightly for Chinese and Mexican nationals, but remained the same for Indian, Filipino and Worldwide nationals. Priority cut-off dates remain “current”...

01/14/2009

Immigration Alert: U.S. Department of Justice Delays Implementation of E-Verify Requirements for Federal Contractors

In response to a lawsuit filed by several groups challenging the validity of regulations requiring certain federal contractors to utilize the E-Verify system to verify work authorization of employees, the U.S. Department of Justice (DOJ) has agreed to suspend implementation of the regulations until February 20, 2009. Background: Federal Contractor Regulation In June 2008 President Bush signed an Executive Order mandating that federal...

01/09/2009

Immigration Alert: Reminder - ESTA Authorization Required for Visa Waiver Travel as of January 12, 2009

This is a reminder that as of January 12, 2009, all foreign nationals traveling to the United States under the Visa Waiver Program (VWP) are required to obtain authorization from the Electronic Screening System for Travel Authorization (ESTA) prior to traveling to the United States. VWP travelers who fail to obtain the requisite ESTA approval may be denied permission to board an air or sea carrier and/or denied admission to the United...

12/23/2008

Immigration Alert: USCIS Announces Revision of Form I-9

On December 17, 2008 the United States Citizenship and Immigration Services (USCIS) published an interim final rule amending its regulations governing Form I-9 Employment Eligibility Verification. The rule, effective February 2, 2009, amends the types of acceptable identity and employment authorization documents that employees may present to their employers for completion of the Form I-9. USCIS is expected to make the new Form I-9 available...

12/17/2008

Immigration Alert: January 2009 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the January 2009 Visa Bulletin. Priority dates advanced slightly for Chinese and Indian nationals in the employment-based second preference (EB-2) and third preference (EB-3) categories, as well as for Mexican nationals in the EB-3 category. Priority cut-off dates remain “current” for all foreign nationals in the employment-based first preference (EB-1) category. “Current” means that immigrant...

11/17/2008

Immigration Alert: DHS Announces Expansion of Visa Waiver Program & ESTA Requirements

The Department of Homeland Security (DHS) has announced the expansion of the Visa Waiver Program (VWP) to include seven additional countries effective today. The seven new VWP countries are the Czech Republic, Estonia, Hungary, the Republic of Korea, Latvia, Lithuania, and Slovakia. The VWP permits citizens and nationals of designated countries to visit the United States for a 90-day period for business or tourism without obtaining a visa....

11/14/2008

Immigration Alert: Final Regulations Published on E-Verify Requirements for Federal Contractors

On November 14, 2008, the federal government published its final regulations requiring certain federal contractors to utilize the E-Verify system to verify the work authorization of its employees. The final regulations will become effective on January 15, 2009. Pursuant to the new regulations, many federal contracts executed on or after January 15, 2009 will be required to contain a clause committing contractors to electronically verify the...

11/12/2008

Immigration Practice Group Hosts November 13th Seminar on Intracompany Transfers: Global Perspective & Country Overviews

Our Immigration Practice Group is pleased to present a seminar on Intracompany Transfers: Global Perspectives & Country Overviews Thursday, November 13, 2008Seminar 9:00am - 10:30am The Pyramid Center600 Montgomery St., 48th FloorSan Francisco, CA 94111 Continental Breakfast will be served Presenters: Minal A. Shah, Esq.Deborah B. Davy, Esq. If you are interested in attending the seminar, please send your name and contact information...

11/10/2008

Immigration Alert: December 2008 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the December 2008 Visa Bulletin. There are no changes to the priority cut-off dates in the employment-based first preference (EB-1), second preference (EB-2), and third preference (EB-3) categories. Priority cut-off dates remain “current” for all foreign nationals in the EB-1 category. “Current” means that immigrant visa numbers are immediately available for all priority dates within the...

10/17/2008

Immigration Alert: USCIS Increases Admission Periods for TN Professionals

On October 16, 2008 the U.S. Citizenship and Immigration Services (USCIS) published a final rule increasing the initial admission period for Canadian and Mexican professionals admitted pursuant to the North American Free Trade Agreement (NAFTA) in TN status from one year to three years. The rule, effective immediately, also permits extensions of TN status in three-year increments. TN status is available to Canadian and Mexican citizens with...

10/14/2008

Immigration Alert: November 2008 U.S. Visa Bulletin Released

The U.S. Department of State (DOS) has published the November 2008 Visa Bulletin. There are modest advancements in priority cut-off dates in the employment-based, second preference (EB-2) and employment-based, third preference (EB-3) categories. In the EB-3 professional and skilled worker category, priority cut-off dates for Worldwide and Filipino nationals advanced from January 1, 2005 to May 1, 2005. Other EB-3 cut-off dates for...

10/02/2008

Immigration Alert: New Expatriation Act

The Heroes Earnings Assistance and Relief Tax Act (the “Act”), enacted on June 17, 2008, implemented a new tax regime for expatriates. Who Does This Act Apply To? The Act applies to a Covered Expatriate. A Covered Expatriate is any U.S. citizen who relinquishes his citizenship and any long-term lawful Permanent Resident who ceases to hold such status – the citizen or Permanent Resident must meet one of the following requirements at the...

10/01/2008

Immigration Alert: President Signs Law Extending E-Verify Program

On September 30, 2008, President Bush signed into law the Consolidated Security Disaster Assistance, and Continuing Appropriations Act, 2009 (hereinafter “the Act”). The Act, which extends funding for government operations, temporarily extends the Basic Pilot electronic employment eligibility verification program, now known as E-Verify, until March 6, 2009. As passed, the Act does not contain provisions to recapture employment-based and...

10/01/2008

Immigration Article in American British Business: The Challenge of Change (reprinted with kind permission from Roxby Media Ltd.)

Congressional inactivity, state action and tightened security – will a new Administration and Congress finally provide comprehensive immigration reform in 2009? Stephen Maltby of Gibney, Anthony & Flaherty LLP comments. Read the full article here. This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The...

09/17/2008

Global Immigration Alert: United Kingdom: Deadline Approaching for Employers to Obtain Sponsor License

In February 2008, The United Kingdom Border Agency (UKBA) introduced a new Points-Based System (PBS) to replace the current work permit scheme. The new PBS represents a radical change from the prior system and divides all foreign national applicants into one of five tiers. The UKBA has published a statement of intent under the new PBS, providing updated guidelines for Tier 2 Skilled Workers and Tier 5 Temporary Workers and Youth Mobility. ...

09/15/2008

Immigration Alert: October 2008 U.S. Visa Bulletin Released

In the employment-based, second preference (EB-2) category, priority cut-off dates retrogressed for Chinese nationals, from August 1, 2006 to April 1, 2004. EB-2 priority cut-off dates retrogressed further for Indian nationals in the EB-2 category, to April 1, 2003. In other EB-2 classifications, priority dates for worldwide, Mexican and Filipino foreign nationals remain “current,” unchanged from the September 2008 Visa Bulletin. “Current”...

08/27/2008

Immigration Practice Group Hosts September 18th Seminar on U.S. and Global Immigration: Corporate Compliance in an Enforcement Era

Our Immigration Practice Group will host a seminar on U.S. and Global Immigration: Corporate Compliance in anEnforcement Era Thursday, September 18, 2008Continental Breakfast 8:00am – 8:30amSeminar 8:30am – 10:30am The Fairmont San Jose170 S. Market StreetSan Jose, CA 95113 Topics PART I: U.S. Immigration PERM Labor Certification - Increased Oversight by Department of Labor - Best Practices for Recruitment Programs - Audit...

08/14/2008

Immigration Alert: September 2008 Visa Bulletin Released

The U.S. Department of State (DOS) has published the September 2008 Visa Bulletin. Priority dates advanced slightly for Chinese and Indian nationals in the employment-based second preference (EB-2) category, from June 1, 2006 to August 1, 2006. In other EB-2 classifications, priority dates for worldwide, Mexican and Filipino foreign nationals remain current, unchanged from the August 2008 Visa Bulletin. “Current” means that immigrant visa...

07/18/2008

Immigration Alert: DHS to Launch Program for Electronic Screening of Visa Waiver Travelers

The Department of Homeland Security (DHS) has announced an Electronic Screening System for Travel Authorization (ESTA) for travelers to the United States under the Visa Waiver Program (VWP). ESTA will be introduced on a voluntary basis on August 1, 2008, and it is expected to become mandatory for all VWP travelers on or about January 12, 2009. What is ESTA? ESTA is a new online program to pre-screen VWP travelers to determine whether they...

07/14/2008

Immigration Alert: August 2008 Visa Bulletin Released

The Department of State (DOS) has published the August 2008 Visa Bulletin. Priority dates advanced for Chinese and Indian nationals in the employment-based second preference (EB-2) category, from April 1, 2004 to June 1, 2006. In other EB-2 classifications, priority dates for worldwide, Mexican and Filipino foreign nationals remain current, unchanged from the July 2008 Visa Bulletin. “Current” means that immigrant visa numbers are immediately...

06/13/2008

Immigration Alert: July 2008 Visa Bulletin Released

U.S. IMMIGRATION UPDATE July 2008 Visa BulletinPremium Processing for I-140 PetitionsMultiple Year Employment Authorization Documents July 2008 Visa Bulletin Released The Department of State (DOS) has published the July 2008 Visa Bulletin. Due to high demand for visa numbers by U.S. Citizenship and Immigration Services (USCIS) for adjustment of status cases, visa numbers are unavailable in the employment-based third preference (EB-3)...

06/10/2008

Immigration Practice Group Hosts Seminar on E-Verify and Worksite Enforcement: A Government Perspective

Our Immigration Practice Group is pleased to host a presentation by the Department of Homeland Security for Bay Area employers: E-VERIFY AND WORKSITE ENFORCEMENT: A GOVERNMENT PERSPECTIVE Thursday, June 19, 2008 Presentation: 10:00am - 11:00amDiscussion: 11:00am - 11:45amHilton Santa Clara4949 Great America ParkwaySanta Clara, CA 95054 Presentation conducted by David R. MossSenior Special AgentIMAGE Program CoordinatorU.S. Immigration &...

06/10/2008

Immigration Alert: Executive Order Requires Use of E-Verify for Federal Government Contracts

On June 9, 2008, the President amended Executive Order 12989 to restrict issuance of federal government contracts only to employers that use an electronic employment eligibility verification system designated by the Department of Homeland Security (DHS). E-Verify is the system currently sanctioned by DHS for this purpose. Specifically, the Executive Order provides that as a condition of each contract with executive departments and agencies...

05/09/2008

Immigration Alert: USCIS Proposes to Increase TN Admission Periods

Today U.S. Citizenship and Immigration Services (USCIS) published a Notice of Proposed Rulemaking to increase the initial admission period for Canadian and Mexican Trade-NAFTA (TN) professionals from one year to three years. The proposed rule would also permit extensions of stay in three-year increments. The changes are to take effect when the proposed rule becomes final, a date not yet determined. The proposed three-year initial admission...

05/09/2008

Global Immigration Alert - UK: The United Kingdom Introduces Radical Immigration Reform

The United Kingdom Border Agency (UKBA) has introduced a Points-Based System (PBS) to replace the current work permit scheme. These changes will have a significant impact upon UK employers. New compliance regulations will impose both civil and criminal penalties for those companies whose employees do not comply with the immigration entry requirements and conditions of stay. Therefore, employers should take the initiative and institute the...

04/23/2008

Immigration Practice Group Hosts Seminar on Hiring and Retaining International Personnel, May 15th in San Francisco

Our Immigration Practice Group presents a seminar on Hiring and Retaining International Personnel:Strategies and Emerging Issues in U.S. and Global Immigration Thursday, May 15, 2008 Continental Breakfast 8:00 – 8:30amSeminar 8:30 – 10:00am Hilton Santa Clara4949 Great America ParkwaySanta Clara, CA 95054 Topics PART I: Hiring Foreign Nationals in the U.S. Pre-Employment Inquiries - Best Practices for Interviewing Candidates Onboarding...

04/15/2008

Immigration Alert: USCIS Conducts H-1B Cap Random Selection Process

On April 14, 2008, U.S. Citizenship & Immigration Services (USCIS) conducted the computer-generated random selection process for both U.S. advanced degree H-1B cap petitions and standard H-1B cap petitions filed under the fiscal year (FY) 2009 H-1B cap. USCIS assigned each petition a unique identifier, and has notified the appropriate USCIS service centers which H-1B petitions were selected for adjudication. The service centers will proceed...

04/14/2008

Immigration Alert: May 2008 Visa Bulletin Released

The Department of State (DOS) has published the May 2008 Visa Bulletin. Priority dates advanced in all employment-based categories that are subject to retrogression. Priority dates remain “current” for all foreign nationals in the employment-based first preference (EB-1) category. “Current” means that immigrant visa numbers are immediately available for all priority dates within the designated preference category. The cut-off date for...

04/11/2008

Immigration Alert: H-1B Cap Reached for Fiscal Year 2009

On April 10, 2008, U.S. Citizenship & Immigration Services (USCIS) announced its preliminary estimate that nearly 163,000 H-1B cap-subject petitions were received during the five-day H-1B filing period ending April 7, 2008. Of these, more than 31,200 petitions were filed in the U.S. advanced degree category. As expected, the number of H-1B petitions received exceeds the number of H-1B visas available. H-1B visas are capped at 65,000 annually,...

04/08/2008

Immigration Alert: New F-1 Optional Practical Training Rule

Today the Department of Homeland Security (DHS) published an Interim Final Rule amending its regulations governing authorized periods of Optional Practical Training (OPT) for some F-1 students. The rule, effective immediately, provides for a 17-month extension of post-completion OPT for certain Science, Technology, Engineering and Mathematics (STEM) degree holders whose employers participate in the E-Verify program. The rule also extends the...

03/26/2008

Immigration Alert: New Rule for H-1B Cap Petition Processing

On March 24, 2008 the Department of Homeland Security published an Interim Final Rule amending its regulations governing the filing of H-1B petitions subject to annual numeric limitations (the “cap”). The rule, effective immediately, impacts H-1B cap petitions filed on April 1, 2008. The basic limit on H-1B visas and the filing process remain unchanged. The new rule prohibits multiple filings for the same beneficiary, expands the qualifying...

03/17/2008

Immigration Alert: April 2008 Visa Bulletin Released

The Department of State (DOS) has published the April 2008 Visa Bulletin. Visa numbers are once again available for Indian nationals in the employment-based second preference (EB-2) category. The cut-off date in this category advanced to December 1, 2003, meaning that, as of April 1, immigrant visas are available for Indian nationals who have EB-2 priority dates before December 1, 2003. In other EB-2 classifications, priority dates for...

02/20/2008

Immigration Alert: March 2008 Visa Bulletin Released â€“ Advances in Most Categories

The Department of State (DOS) has published the March 2008 Visa Bulletin. The availability of immigrant visa numbers in each category listed on the Visa Bulletin determines whether an application for permanent residence may be filed or approved. If a cut-off date is listed, the applicant must have a priority date that is earlier than the cut-off date to be eligible to apply for permanent residence. Priority dates remain “current” for all...

02/01/2008

Immigration Alert: H-1B Cap Season Approaching

April 1, 2008 marks the first day U.S. Citizenship and Immigration Services (USCIS) will accept H-1B petitions subject to the Fiscal Year (FY) 2009 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 commencing early in the new year. We encourage employers to consider their H-1B cap cases now, and initiate the preparation of...

01/28/2008

Immigration Alert: New Procedures for U.S. and Canadian Citizens at U.S. Land and Sea Ports Effective January 31, 2008

Commencing January 31, 2008, travelers entering the United States at land and sea ports will be required to present documentary evidence of citizenship and identity to gain admission. This change primarily affects U.S. and Canadian citizens who heretofore have been able to secure admission to the United States at land and sea ports by making an oral declaration of citizenship. Effective January 31, U.S. and Canadian citizens age 19 years and...

01/10/2008

Immigration Alert: February 2008 Visa Bulletin Released

The Department of State (DOS) has published the February 2008 Visa Bulletin. Due to extremely high demand for visa numbers for Indian nationals in the employment-based second preference (EB-2) category, visa numbers are unavailable in this category as of February 1. “Unavailable” means that the annual limit for this category has been reached, and there are no visa numbers available for issuance. In other EB-2 classifications, priority...

01/09/2008

Immigration Practice Group Hosts February, 27th Seminar on Emerging Issues in U.S. & Global Immigration

Our Immigration Practice Group presents a seminar on Emerging Issues in U.S. & Global Immigration: Wednesday, February 27, 2008Seminar 4:00 - 6:15pmReception 6:15 - 8:00pmThe Pyramid Center600 Montgomery St., 48th FloorSan Francisco, CA 94111 Topics: PART I: U.S. IMMIGRATION AND WORKSITE ENFORCEMENT Worksite Enforcement • I-9 compliance and electronic verification / E-Verify • Enforcement trends and proactive steps for HR and employment...

12/21/2007

Global Immigration Alert: Schengen Area Expands Today - Inclusion of Nine New Schengen Member States

Effective today, December 21, 2007, nine additional countries have been added to the current group of fifteen Schengen member states. The new member countries are the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland, Slovakia, and Slovenia. Historical Information With its inception in June 1985, the Schengen Agreement (the “Agreement”) introduced the abolition of systematic border controls between the contracting parties....

12/20/2007

Immigration Alert: Nonimmigrant Visa Fees to Increase January 1, 2008

Effective January 1, 2008, the application fee for U.S. nonimmigrant visas will increase $31, from $100 to $131. The fee increase applies both to nonimmigrant visas issued on machine-readable foils in passports (MRVs) and to border crossing cards (BCCs) issued to certain applicants in Mexico. The U. S. Department of State (DOS) has announced that applicants who paid the $100 application fee before January 1, 2008 and who appear for a visa...

12/11/2007

Immigration Alert: New Verification Procedures May Cause Delays in Nonimmigrant Visa Issuance

The U.S. Department of State (DOS) announced that effective November 2007, U.S. consular posts are now required to access a new electronic report in the Consolidated Consular Database (CCD) to verify approval of nonimmigrant petitions by the U.S. Citizenship and Immigration Service (USCIS) prior to visa issuance. The electronic report, generated by the Petition Information Management Service (PIMS), is created by the Kentucky Consular Center...

11/27/2007

Immigration Alert: USCIS Requires Use of Revised Form I-9 by December 26th

On November 26, 2007, U.S. Citizenship and Immigration Services (“USCIS”) issued a notice in the Federal Register advising that all U.S. employers must transition to the revised Employment Verification Eligibility Form I-9 not later than December 26, 2007. Employers who do not utilize the revised Form I-9 for newly hired employees and for employees requiring re-verification after December 26, 2007 will be subject to penalties under the...

11/15/2007

Immigration Alert: December 2007 Visa Bulletin Released

The Department of State (DOS) has published the December 2007 Visa Bulletin. Second-preference employment-based priority dates retrogressed significantly for Chinese and Indian nationals, and the few advancements in priority dates in other categories were slight. According to the December 2007 Visa Bulletin, priority dates remain “current” for all foreign nationals in the first-preference employment-based category. “Current” means that...

11/09/2007

Immigration Alert: USCIS Releases New Version of Form I-9

U.S. Citizenship and Immigration Services (“USCIS”) has released a new version of Form I-9, Employment Eligibility Verification. According to a USCIS announcement today, as of November 7, 2007, the Form I-9 with a revision date of June 5, 2007 is the only version of the Form I-9 valid for use. However, USCIS also states that a Notice will be published in the Federal Register providing employers with a 30-day period, beginning on the Notice...

11/06/2007

Immigration Alert: Reminder to Plan Ahead for Holiday Travel

The holiday season is a hectic time for international travel. Airports, consulates and ports of entry are exceptionally busy due to the large number of travelers, visa applicants and increased security measures. At Gibney, we want to remind corporate human resource personnel, business travelers and foreign nationals to take proactive steps and plan ahead to minimize the risk of delays. A few things to remember: International travelers should...

10/25/2007

Immigration Alert: New Visa Guidelines for Alcohol-Related Arrests or Convictions

The U.S. Department of State (DOS) recently established nonimmigrant and immigrant visa processing guidelines for applicants who have been arrested or convicted of alcohol-related offenses. Under the new guidelines, consular officers must refer visa applicants to panel physicians for medical evaluations in the following circumstances: The visa applicant has a single drunk driving arrest or conviction within the three previous calendar years;...

10/11/2007

Immigration Alert: Court Halts Implementation of "No-Match" Rule

On October 10, 2007 the U.S. District Court for the Northern District of California issued a preliminary injunction preventing the U.S. Department of Homeland Security (DHS) from implementing regulations that would require employers to take specific action upon receipt of a "No-Match" letter from the Social Security Administration (SSA) or DHS. SSA "No-Match" letters are generally issued if the agency determines that an employee's name or...

09/06/2007

Immigration Alert: Department of State Releases October 2007 Visa Bulletin

The Department of State (DOS) has published the October 2007 Visa Bulletin. As October marks the start of Fiscal Year (FY) 2008, additional immigrant visas are now available for allocation, resulting in advancement of priority cut-off dates in many employment-based preference categories. In a general improvement over last month's Visa Bulletin, no employment-based category is "unavailable" in October. Specifically, according to the October...

08/01/2007

Immigration Article: US Immigration Update by Partner Stephen J.O. Maltby

Immigration Head Stephen J.O. Maltby authored this article in American British Business 2007/08 (reprinted with kind permission from Roxby Media Ltd.) which discusses the Senate’s proposal for immigration reform. Read the full article here. This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents...

05/17/2007

Immigration Alert: New Department of Labor 'Substitutions Plus' Rule

On May 17, 2007, the Department of Labor (DOL) issued its final rule entitled "Reducing the Incentives and Opportunities for Fraud and Abuse and Enhancing Program Integrity" (the final rule). The final rule will become effective on July 16, 2007 and will amend 20 C.F.R. Part 656. Some of the key provisions include the following: 1. Prohibition on Substitutions and Modifications to Labor Certification Applications The primary amendment...

01/26/2007

Immigration Alert: DOL Proposed Rule on Labor Certification Substitutions Goes to the OMB

On January 26, 2007, the U.S. Department of Labor (DOL) forwarded to the federal Office of Management and Budget (OMB) a final rule that would, among other things, prohibit the substitution of beneficiaries on labor certification applications pending with the agency. On February 13, 2006, the DOL had proposed a rule that would eliminate labor certification substitutions. Currently, if an employer has applied for and received a labor...

11/30/2006

Immigration Alert: State and Local Initiatives

A perennial topic in American politics, immigration remains at the forefront of U.S. political debate. In recent years, much attention has been given to immigration enforcement, specifically the perceived lack of enforcement of immigration regulations by the Federal Government. In response, state and municipal governments have stepped up to fill this void with state laws and local ordinances, resulting in a hodgepodge of laws affecting...

10/26/2006

Immigration Alert: Secure Fence Act of 2006

On October 26, 2006, President Bush signed into law the "Secure Fence Act of 2006." The Act calls for the Department of Homeland Security to "achieve and maintain operational control over the entire international land and maritime borders of the United States" by way of more effective use of personnel and technology at U.S. borders as well as physical infrastructure to prevent unlawful entry. Specifically, the Act calls for the building of a...

10/06/2006

Immigration Alert: Conversion of Traditional Recruitment to Reduction-in-Recruitment

Most foreign nationals un the United States seeking employment based immigration visas ("Green Cards") must first be beneficiaries of approved labor certification from the Department of Labor (DOL). The labor certification process is designed to guarantee that: 1) there are not sufficient U.S. workers who are willing, able, qualified or available to take the position; and 2) employment of the foreign national will not adversely affect wages...

09/21/2006

Immigration Alert: Border Tunnel Prevention Act of 2006

On September 21, 2006, the U.S. House of Representatives unanimously passed the "Border Tunnel Prevention Act of 2006." This bill would criminalize the construction or the financing of an unauthorized tunnel or subterranean passage crossing any U.S. border with another country. The penalty for a violation would be a 20 year prison term. The bill also proposes that anyone who recklessly permits the construction of use of such a tunnel on his...

07/26/2006

Immigration Alert: The "IMAGE" Program

The Immigration and Customs Enforcement agency (ICE) was created in March 2003 and is the largest investigative branch of the Department of Homeland Security (DHS). It is an amalgamation of the former Immigration and Naturalization Service (INS) and the former U.S. Customs Service, and was created post 9/11 to more effectively enforce immigration and customs laws and to protect the United States against further terrorist attacks. Section...

07/18/2006

Immigration Alert: BALCA Issues Favorable Decision in First Perm Case Health America

On July 18, 2006, the Board of Alien Labor Certification Appeals (BALCA) issued its decision in Matter of HealthAmerica. This is the first BALCA decision issued following implementation of the PERM system for filing labor certifications in March 2005. The Board ruled that, for purposes of requests for reconsideration, "documentation 'submitted' in support of a labor certification application constructively includes the materials held by an...

07/01/2006

Immigration Article in American British Business: Immigration Issues (reprinted with kind permission from Roxby Media Ltd.)

Stephen JO Maltby, a partner in the law firm Gibney, Anthony & Flaherty, LLP, examines visa laws and limitations for foreign businesses that are setting up in the US. See the full article here. This immigration article is provided as general information for clients and friends of Gibney, Anthony & Flaherty, LLP. It does not constitute, and should not be construed as, legal advice. The contents of this article may be considered attorney...

07/01/2006

Immigration Alert: Social Security Update for Spouses of E and L Visa Holders

Since 2002, the spouses of E treaty traders/investors and L intracompany transferees have been eligible for employment authorization in the US. Following their arrival in E or L dependent status, these spouses may submit an application for an employment authorization document (EAD) to US Citizenship & Immigration Services (USCIS). Once in possession of the EAD card, the spouses apply for a Social Security Number at an office of the Social...

06/15/2006

Immigration Alert: Electronic Forms I-9 Completion and Storage

On October 30, 2004, President Bush signed Public Law 109-390 and representatives of the DHS, including Immigration and Customs Enforcement ("ICE") and USCIS, began working jointly to develop regulations permitting employers to store electronic versions of Form I-9. Thereafter, a fact sheet published on the ICE website on April 28, 2005 gave effect to Public Law 109-390, referencing electronic record-keeping standards issues in Internal...

05/25/2006

Immigration Alert: Comprehensive Immigration Reform Act of 2006 (S.2611)

As its title indicates, The Comprehensive Immigration Reform Act of 2006, Senate Bill 2611, is a massive piece of legislation that covers a broad spectrum of immigration related issues facing the U.S. at this time. The Bill was passed by the Senate on May 25, 2006, with a vote of 62 in favor, 36 opposed, and 2 not voting. The Bill reflects many political compromises and aims to achieve goals in the areas of increasing enforcement, legalizing...

01/17/2006

Immigration Alert: The Rice-Chertoff Joint Vision

The new e-passport requirement is part of a joint initiative of the US Departments of State and Homeland Security referred to as "The Rice-Chertoff Joint Vision." The initiative is organized into three parts: Renewing America’s Welcome with Improved Technology and Efficiency; Travel Documents for the 21st Century; and Smarter Screening. A few highlights of The Rice-Chertoff Joint Vision (the Joint Vision): - The Global Enrollment Network:...

12/16/2005

Immigration Alert: The Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005

On December 16, 2005, the U.S. House of Representatives approved the Border Protection, Antiterrorism, and Illegal Immigration Control Act of 2005 (hereinafter "H.R. 4437"). H.R. 4437 is aimed at increasing border security, augmenting the role of state and local law agencies in enforcing federal immigration law, criminalizing unlawful presence, expanding the grounds for detention, and enforcing prohibitions on employing unauthorized workers....

10/21/2005

Immigration Alert: New USCIS Recapture Procedures for H-1B and L-1 Nonimmigrants

On October 21, 2005, U.S. Citizenship and Immigration Services (USCIS) issued guidelines clarifying the procedure used to calculate maximum periods of stay for H-1B and L-1 nonimmigrants. These guidelines were issued in accordance with the October 18, 2005 directive by the Acting Deputy Director of USCIS that adopted a recent decision by the Administrative Appeals Office (AAO). Under the Immigration and Nationality Act (INA), H-1B and L-1...

10/18/2005

Immigration Alert: USCIS Clarifies Portability Issue in Denial of Adjustment of Status Applications

On October 18, 2005, the Acting Deputy Director of the U.S. Citizenship and Immigration Services ("USCIS") announced the adoption of a recent decision from the Administrative Appeals Office ("AAO") clarifying that adjustment of status applications must be denied if an immigrant petition is denied, even if the petition is denied after the application has been pending for more than 180 days. In general, foreign nationals may apply for...

09/14/2005

Immigration Alert: Anticipated Retrogression in the Employment-Based Visa Categories

The U.S. Department of State ("DOS") issued a Visa Bulletin for September 2005 predicting an increased demand for several employment-based immigrant visa classifications. This increased demand is a result of an effort to reduce current backlogs in processing times with respect to Labor Certifications filed with the Department of Labor ("DOL") and immigrant petitions filed with the U.S. Citizenship and Immigration Services.1 The September...

08/24/2005

Immigration Alert: E-3 Treaty Professional Visa for Australian Nationals

The E-3 visa classification was created by Section 501 of the Real ID Act of 2005. In many respects, the E-3 category is similar to the H-1B category. The E-3 visas are available to foreign workers who will be serving in a "specialty occupation", i.e. an occupation that requires the theoretical and practical application of a body of highly specialized knowledge, and attainment of a bachelor's degree (or its equivalent) at a minimum in the...

08/12/2005

Immigration Alert: H-1B Cap Reached for Fiscal Year 2006

On August 12, 2005 U.S. Citizenship and Immigration Services (USCIS) announced that the H-1B cap for fiscal year 2006 has been reached. Any petitions received after the 'final receipt date' of August 10, 2005 for fiscal year 2006 will be rejected. For petitions received on the 'final receipt date' USCIS will use a random, computer-generated selection process to select the proper number of petitions to meet the cap. For fiscal year 2006 the...

07/08/2005

Immigration Alert: The Visa Waiver Program and Machine-Readable Passport Requirements

On May 12, 2005 the Department of Homeland Security announced that as of June 26, 2005 all persons traveling under the Visa Waiver Program (VWP) to the United States would be required to present a machine-readable passport (MRP) in order to travel under the VWP and without a visa. The Visa Waiver Program enables nationals of the 27 countries listed below to travel to the United States for business or tourism without a visa so long as their...

07/08/2005

Immigration Alert: Updated Department of Homeland Security Form I-9

On June 21, 2005 the Department of Homeland Security (DHS) issued an updated form I-9. The updated form eliminates outdated references to the Immigration and Naturalization Service (INS) and the Department of Justice and replaces them with the appropriate references to DHS and its respective components. Form I-9 is used by employers to verify their employees' eligibility and authorization to work in the United States. At this time there are...

06/01/2005

Immigration Alert: The Real ID Act of 2005

On May 11, 2005 President Bush signed into law H.R. 1268. The Act has two divisions. The first is an appropriations supplement commonly called "Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005". The second division of the Act addresses various aspects of immigration law and is commonly called the "REAL ID Act of 2005". The REAL ID Act is divided into five sections which addresses...

02/09/2005

Immigration Alert: The Consolidated Appropriations Act of 2005

On December 8, 2004 President Bush signed into law H.R. 4818, also known as the Consolidated Appropriations Act of 2005.(1) Division J, Title IV of this new law includes several important provisions relating to the L-1 and H-1B nonimmigrant visa categories [L-1 Visa and H-1B Visa Reform Act (the "Act")]. Below we highlight primary changes to the L-1 and H-1B visa programs, as provided by the Act, in order of their implementation dates. 1....

02/09/2005

Immigration Alert: Frequently Asked Questions on PERM

The attached list of questions and their answers will be revised and updated periodically as the government continues its commentary on the PERM regulation. Should you have any questions relating to them, please do not hesitate to contact any of the lawyers in Gibney's Immigration Department. PERM FAQ'S 1. What is a Labor Certification Application? 2. What is PERM? 3. How does PERM differ from the Traditional and RIR application...

04/14/2004

Immigration Alert: Visitors to the United States to be Photographed, Fingerprinted Starting on September 30, 2004

The United States Department of Homeland Security and the Department of State have requested that Congress extend the October 26, 2004 deadline for Visa Waiver Program (VWP)* countries to have machine-readable passports which include biometrics, since most of the countries will be unable to meet the original deadline. As a result of this extension, Homeland Security announced that VWP visitors will be subject to processing in the "US-VISIT"...

03/08/2004

Immigration Article: NAFTA Professional Information (TD/TN Visas)

The TD/TN visa was established under NAFTA in 1994 in order to facilitate temporary movement of qualified professionals among Mexico, Canada, and the US. As of January 1, 2004, Mexican nationals may apply directly to US consular posts for this visa. The U.S. Department of State website contains detailed information about the application process for a TN or TD visa at http://travel.state.gov/tn_visas.html. You may access the forms to begin the...

10/01/2003

Global Immigration Alert - UK: UK Residence Permit Entry Clearance

Member States of the European Union have recently agreed on a uniform format for Residence Permits that allow non-EU nationals to stay legally within their territories. As part of the agreement, the UK will initiate a Residence Permit Scheme on November 13, 2003. As of that date, all non-EU nationals who apply for an extension of stay in the UK will require a Residence Permit, and those who wish to enter the UK for a stay of more than six...

10/01/2003

Immigration Alert: Machine-Readable Passport Update

The United States Secretary of State has announced that there will be a one-year postponement of the Machine-Readable Passport requirement for 21 Visa Waiver Program countries, until October 26, 2004. The countries for which the postponement has been granted are: Australia, Austria, Denmark, Finland, France, Germany, Iceland, Ireland, Italy, Japan, Monaco, Netherlands, New Zealand, Norway, Portugal, San Marino, Singapore, Spain, Sweden,...

10/01/2003

Immigration Alert: H-1B Visa Numbers for FY 2004

Effective October 1, 2003, Congress' annual allotment for H-1B visas will be reduced from 195,000 to 65,000 for the fiscal year. The reduction will significantly impact the ability of U.S. companies to hire foreign nationals in nonimmigrant, temporary worker status. In the past several years, the number of approved H-1B petitions has exceeded 65,000. Accordingly, we anticipate that the H-1B "cap" will be reached in the early months of 2004....

05/02/2003

Immigration Alert: Countries of Interest List May 2, 2003.

"Countries of Interest" list apparently used by BCBP inspectors to determine who should be subjected to IDENT procedures (additional security checks) before entering the U.S. 1.Afghanistan2.Algeria3.Angola4.Argentina5.Armenia 6.Bahrain 7.Bhutan 8.Brazil 9.Congo 10.Cyprus11.Democratic Republic of Congo12.Egypt13.Eritrea14.Ethiopia15.Georgia16.India17.Indonesia18.Iran19.Iraq20.Israel21.Jordan22.Kazakhstan23.Kenya24.Kuwait25.Kyrgyzstan

11/02/2002

Immigration Alert: President Signs New Law for Extending H-1B Visas Beyond Six Years

The President has signed into law HR 2215, the 21st Century Department of Justice Appropriations Authorization Act. This law includes an important provision for H-1B employees with pending labor certification applications at the Department of Labor. The new law allows for the H-1B period of stay of an H-1B employee for whom a labor certification application or immigrant petition has been filed and 365 days or more have elapsed since the...

10/01/2002

Immigration Article: National Security Entry Exit Registration System

Effective October 1, 2002, new procedures were implemented by the Attorney General that expand the list of countries whose citizens are subject to special registration requirements upon entry into the United States. Pakistan, Saudi Arabia and Yemen were added to the list of four countries (Iraq, Iran, Sudan and Libya) which have been subjected to the special requirements since September 11, 2002. Male citizens or nationals from the three...

04/14/2002

Immigration Alert: INS Releases Proposed Rule Governing Visitors and Students

The U.S. Immigration and Naturalization Service (INS) has proposed to amend its regulations for visitors and students entering the U.S. by eliminating the minimum admission period of B-2 visitors for pleasure, reducing the maximum admission period of B-1 and B-2 visitors from 1 year to 6 months, and by implementing new requirements for visitors to extend their nonimmigrant status or change to a student nonimmigrant status in the U.S. The INS...

03/13/2002

Immigration Alert: Attorney General Removes Argentina from Visa Waiver Program

On February 20, 2002, the Department of Justice announced that Argentina's participation in the Visa Waiver Pilot program is no longer in-line with the enforcement of immigration laws of the United States. Please note that nationals of Argentina who plan to travel to the United States for legitimate business or pleasure are now required to obtain a non-immigrant visa at a U.S. consulate or embassy prior to their arrival into the U.S. Please...

03/13/2002

Immigration Alert: State Department Amends Rule on Re-Admittance After Travel to Canada, Mexico

A new Department of State interim rule will affect certain foreign nationals applying for re-admittance to the US after short trips to other North American countries. Under current regulations, nonimmigrant aliens can travel to Canada or Mexico for 30 days or less and be re-admitted to the US with an expired visa, as long as they possess a valid I-94 card and accompanying documentation verifying their current lawful status (such as an I-797...

01/16/2002

Immigration Alert: President Bush Signs Two Bills

On January 16, 2002, President Bush signed two bills... (P.L. Nos. 107-124 and 107-125) which provide employment authorization to spouses of intra-company transferees (L-1 visa), treaty traders (E-1 visa), and treaty investors (E-2). PL 107-125 reduce the period of time during which certain intra-company transferees have to be continuously employed before applying for admission to the United States. The spouse of an L-1, E-1 and E-2 visa...

01/14/2002

Immigration Alert: DOL Unveils its New "LCA On-Line System" on January 14, 2002

This electronic system has been implemented so that employers or their agents can file LCAs-Form ETA 9035E with DOL via the Web. The advantage to on-line filing will be that within minutes the system will determine if the submitted LCA is certified or denied based on information that was entered onto the form. Once DOL grants certification, the employer or agent will then print and sign Form ETA 9035E, and may file a copy of the signed form...

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