Immigration News

Please visit this page often for the latest immigration news updates.

Updated March 9, 2010

USCIS to Accept H-1B Petitions for FY 2011 Beginning April 1, 2010. On March 8, 2010 USCIS announced that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. The fiscal year cap (numerical limitation on H-1B petitions) for FY 2011 is 65,000. Petitioners are Reminded to Follow Regulatory Requirements.

For more information please visit http://www.uscis.gov/.

Updated February 2, 2010

DOL Announces iCERT System Outage (Updated 2/2/10). On February 1, 2010, DOL (United States Department of Labor) issued a notice that the iCERT system experienced some residual issues from Friday, January 29, 2010 and is currently down and not available.

As of February 2, 2010 the iCERT system is still not available. Some changes were made and the site was functioning normally in the morning. However, once the site was made available to the public, it quickly became unusable again. DOL is continuing to investigate and will update further as information is available.

For more information please visit: http://icert.doleta.gov/

Updated January 31, 2010

Foreign Nationals traveling to the U.S. for tourism or business purposes under the Visa Waiver Program (VWP) must now register at least 72 hours before travel through the Electronic System for Travel Authorization (ESTA) program for security clearance.  An approved ESTA application is valid for up to two years or until passport expiration (whichever occurs first), and may be used for multiple trips to the U.S. during the validity period.  While ESTA has been mandatory since January 12, 2009 for all nationals of VWP countries, on January 20, 2010 U.S. Customs and Border Protection (CBP) initiated a 60-day transition to enforced ESTA compliance for air carriers destined to the U.S.

Foreign nationals traveling under the VSP program are required to register here: https://esta.cbp.dhs.gov.

Updated January 23, 2010

CBP Reminds U.S.-Bound Travelers from Visa Waiver Program Countries to Complete Online Travel Authorization. Beginning 1/20/10, U.S. Customs and border protection (CBP) will initiate a 60-day transition to enforced Electronic System for Travel Authorization (ESTA) compliance for air carriers. U.S.-bound travelers from Visa Waiver Program are required to log onto the ESTA Web site and complete an online application.

For more information please visit http://cbp.gov/

Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions.  On January 13, 2010 U.S. Citizenship and Immigration Services (USCIS) issued updated guidance to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.  The memorandum clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. In addition to clarifying the requirements for a valid employer-employee relationship, the memorandum also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period. 

For more information please visit http://www.uscis.gov/.

Immigration and Customs Enforcement publishes a National Detainee Handbook outlining detainee’s rights and responsibilities.  Click here for a copy.
 

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