When employees travel abroad, flight information is automatically recorded in the Advance Passenger Information System (APIS) database maintained by the Customs and Border Patrol agency. If a scheduled flight is cancelled or rescheduled, the database does not necessarily reflect the updated information. This could affect a petition to renew valid nonimmigrant status, for example, because [...]
The President has proposed issuing employment authorization to H-4 spouses who are caught in the visa backlog. Read more below. In his State of the Union Address on January 25, 2012, President Obama made some bold pronouncements about changes to the U.S. immigration laws. One particular idea is generating a lot of interest: his proposal [...]
As of February 1, 2012, the EB-2 category cutoff date for India will move forward by 12 full months from January 1, 2009 to January 1, 2010. This is a very substantial move that should benefit many Indian nationals in the EB-2 category whose priority dates will become current next month. However, if too many [...]
Rose Immigration Law Firm was one of the first firms in the country to file recent mandamus complaints against the U.S. Department of Labor (DOL). Long delays in issuance of prevailing wage determinations are wreaking havoc among employers wishing to file H-1B petitions and PERM labor certification applications. A mandamus action is filed to compel [...]
The government recently proposed a change to the filing procedure for waivers of inadmissibility outside the United States in connection with immigrant visa processing. This procedure does not apply to companies in general, but it does apply to employees with mixed citizenship families. If your company has employed or would like to employ someone who [...]
Alabama, Georgia, and South Carolina will make E-Verify mandatory for most private employers in 2012. E-Verify is an electronic employment verification system operated by the Federal Government. South Carolina and Alabama employers are required to register with E-Verify to confirm employment eligibility status of newly hired employees by January 1, 2012 and April 1, 2012, [...]
If the visa backlog bothers you, you should know that Congress is actually trying to address the problem. The House voted recently to end per-country caps on worker-based immigration visas. If the bill passes the Senate, the new law would improve significantly the backlog for skilled workers from India and China. However, it would also [...]
Effective December 1, 2011, the Department of State announced that it has phased out Milan as an E visa processing post. These applications will now be processed in Rome. This means that your Italian employees will need to travel to Rome to apply for an E-visa.
Homeland Security announced on November 4, 2011, that Temporary Protected Status (TPS) for certain nationals of Honduras and Nicaragua has been extended an additional 18 months, through July 5, 2013. The re-registration period will run from November 4, 2011 through January 5, 2012. We urge your employees from these countries to re-register as soon as [...]
Many of the employment based visa categories continue to be backlogged. Over the next few months, however, we do expect some progress as predicted by the U.S. Department of State. EB-1 and EB-2 cut-off dates for Worldwide, Mexico and the Philippines are projected to remain current, and EB-3 will move forward by approximately one month [...]