Department of State Alert: Technical Problems with Visa Systems Continue

U.S. Department of State (DOS) has advised this week that the Bureau of Consular Affairs continues to experience technical problems with its overseas passport and visa systems. To date, only 22 posts have been reconnected, representing about half of the global nonimmigrant visa volume. Please note, that while DOS acknowledged that Customer Border Protection is accepting I-193 waiver of visa applications for urgent travel for travelers affected by the technical difficulties, DOS will need to approve potential I-193 applicants before they can apply at a port of entry.

Employment Authorization For Certain H-4 Dependent Spouses

Beginning May 26, 2015, certain H-4 dependent spouses of H-1B visa holders can file for employment authorization, as long as the H-1B visa holder has already started the process of seeking employment-based lawful permanent resident (LPR) status. Specifically, H-4 dependent spouses may apply for employment authorization if the H-1B visa holder:

·         Is the principal beneficiary of an approved I-140 immigration petition; or

·         Has been granted H-1B status under sections 106(a) and (b) of the AC21. AC21 permits H-1B visa holders seeking lawful permanent residence to work and remain in the U.S. beyond the 6-year limit on their H-1B status.

For more information, refer to the information on the USCIS site: http://www.uscis.gov/working-united-states/temporary-workers/employment-authorization-certain-h-4-dependent-spouses.

 

USCIS Alert: FY2016 H-1B Cap Reached!

USCIS announced this week that it has received enough H-1B cap-subject petitions to reach the cap for FY2016 (employment start date of October 1, 2015).  USCIS will complete initial intake before it conducts the lottery, but due to the high number of petitions, it is not yet able to announce when the lottery will occur.

USCIS Will Begin Accepting Applications for Expanded DACA Starting February 18, 2015

On November 20, 2014, President Obama announced a series of executive actions to crack down on illegal immigration at the border, prioritize deporting felons not families, and require certain undocumented immigrants to pass a criminal background check and pay taxes in order to temporarily stay in the U.S. without fear of deportation. 

Individuals with no lawful immigration status who are seeking initial or renewal Deferred Action for Childhood Arrivals (DACA) may submit their applications to USCIS starting February 18, 2015.  Expanded DACA extends the deferred action period and employment authorization to three years from two years, and allows you to be considered for DACA if you:

◦ Entered the United States before the age of 16;

◦ Have lived in the United States continuously since at least January 1, 2010, rather than the prior requirement of June 15, 2007;

◦ Are of any age (removes the requirement to have been born prior to June 15, 1981); and

◦ Meet all the other DACA guidelines.

2015 H-1B Season Is Fast Approaching!

U.S. employers wishing to employ foreign national workers in the H-1B specialty occupation category starting October 1, 2015, may file the H-1B applications 6 months prior to the October 1^st start date, or April 1, 2015.  There is an annual quota of 65,000 visas for foreign nationals in the general H-1B category and 20,000 for foreign nationals with an advanced degree (Master’s or higher).  Last year USCIS reached the quota for both the general and advanced degree H-1B categories within the first week of April 1, 2014 filing deadline, with the remainder of the applications being subject to a lottery. 

With U.S. economy on the up-swing, it is projected that more U.S. employers will be onboarding new employees this year, including foreign national workers.  The demand for H-1Bs will be higher than in previous years, and the quota will probably once again be reached in the first week of April 1st for foreign national workers who wish to begin employment on October 1, 2015.  It would be wise for the U.S. employers to begin the H-1B process early on to ensure that the applications are filed on April 1, 2015.