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2/2/2008 - USCIS Announces Centralized Filing for Cap-Exempt H-1B Petitions
In an effort to streamline the filing process for H-1B petitions which are exempt from the 65,000 general numerical limitation for H-1Bs (and the additional 20,000 cap for U.S. Master's degree applicant H-1B cases), U.S. Citizenship and immigration Services has announced a new centralized filing procedure for these cases.
It is too early to tell, although it is possible that the new process could speed case processing for cap-exempt H-1B filings - or at least cut down on erroneous Service rejections of these cases when first sent in by mail room employees insufficiently trained on how to recognize a cap-exempt case.
Cap-exempt H-1B employers, and their potential H-1B new-hire foreign nationals.
1/31/2008 - DHS Publishes Final REAL ID Rule
The U.S. Department of Homeland Security has published a final REAL ID rule, establishing what standards a state-issued drivers' license or identification card must meet before it will be acceptable as a form of identification by a federal agency. The final rule becomes effective March 31, 2008, and if a state chooses not to comply then the drivers' licenses and identification cards which it issues may no longer be accepted as valid identification for entering federal buildings, boarding aircraft, or any other purpose for which a federal government agent might first require identification.
This final REAL ID rule will influence individual state standards for drivers' licenses. While billed as a measure that will increase national security and decrease identity theft, standardizing requirements for identification documents nationwide has been viewed as akin to implementing a national ID card, and has raised significant privacy concerns in some quarters.
All U.S. citizens, permanent residents, nonimmigrants, and the undocumented.
1/11/2008 - Today is the Last Day For USCIS Receipt of I-140 Petitions Based On Labor Certifications Approved Pre-7/16/07
A reminder - today is the last day that USCIS will accept I-140 Immigrant Visa Petitions based upon labor certifications approved before July 16, 2007. From today onward, labor certifications approved more than 180 days in the past will essentially "expire" under the anti-substitution rule.
From now on, employers and attorneys will need to be extremely vigilant concerning PERM labor certification approval dates (as well as those very few old-system labor certifications remaining out there) to ensure that I-140s are filed within 180 days of the date of approval. Otherwise, the approved labor certification becomes meaningless, and the process needs to be restarted from the beginning.
Employers and foreign nationals going through the labor certification process, as well as attorneys.
1/10/2008 - EB-2 for India Closes Mid-Month, Per U.S. Department of State
The U.S. Department of State released the Immigrant Visa Bulletin for February, 2008 on January 9, and in a somewhat surprising move indicated that not only were Second Employment-Based Preference ("EB-2") immigrant visa numbers now totally unavailable for foreign nationals chargeable to India, but that they were unavailable effective immediately.
Foreign nationals chargeable to India with pending cases in this category will not see these cases approved until this category again becomes current, no matter how close they believed they were to final adjudication based on published processing times or visa availability.
Most immediately, foreign nationals chargeable to India with pending cases in the EB-2 category or who were about to file final-stage permanent residence cases in this category. Also, employers who had sponsored such cases and were depending upon these workers obtaining permanent residence. Anyone else in the permanent residence process should be forewarned that such surprises are a possibility.
1/4/2008 - H-2B Cap Reached
U.S. Citizenship and Immigration Services has announced that the H-2B cap has been reached for the first part of the 2008 fiscal year with cases received on January 2, 2008. The announcement comes on the very first day of the fiscal year.
According to the announcement, any cases received after January 2, 2008 cannot be offered an available H-2B with a start date any time before October 1, 2008. With regard to new H-2B cases received on January 2, a lottery will determine which ones receive a remaining H-2B visa.
U.S. employers which require seasonal workers for the summer of 2008 no have no way to bring in workers from abroad if available U.S. workers cannot be located.
U.S. employers in seasonal industries who cannot locate sufficient U.S. labor for their bus seasons and must rely on foreign national workers. H-2B-eligible foreign nationals seeking initial H-2B employment.