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USCIS and DHS

Small Company H-1B Visa Petitions Scrutinized

Filed October 27, 2009 in Temporary Visas, under USCIS and DHS , tagged ,

Manhattan Buildings NYC 147053874USCIS is reportedly now scrutinizing H-1B visa petitions filed by small employers. The requests for further evidence on such H-1B petitions, or RFEs, typically request detailed evidence on issues such as the existence of the petitioning company itself, the “specialty” nature of the H-1B visa position (that is, whether the position requires someone with at least the equivalent of a bachelor’s degree in a particular field of expertise), and the petitioning company’s need for a full-time professional-level employee. more »

HHS-CDC Proposal to Lift HIV Travel Ban

Filed June 29, 2009 under Immigration Waivers, USCIS and DHS , tagged , , ,

Couple Waiting at Airport 76750273A proposed HHS-CDC Rule seeks to lift the HIV Travel Ban by removing HIV infection from the List of Communicable Diseases of Public Health Significance. The Proposed Rule is to be published in the Federal Register on June 30, 2009, and would both eliminate HIV from the List of Communicable Diseases of Public Health Significance, and remove the requirement for HIV testing from the medical examinations required before obtaining admission to the US. more »

HIV Travel Ban to be Lifted?

Filed June 26, 2009 under Immigration Waivers, USCIS and DHS , tagged , , ,

Crowd Waiting at Airport Arrival Gate 92249930In the next few days, we expect the Department of Health and Human Services (HHS), Centers for Disease Control and Prevention (CDC) to publish in the Federal Register a new proposed rule to eliminate the HIV Travel Ban, which currently places heavy restrictions on HIV positive persons who wish to enter and/or reside permanently in the United States. Once the HIV Travel Ban is lifted, HIV positive individuals, who are still generally unable to travel, work or live in the United States, will no longer be inadmissible to the US. more »

I-140 Premium Processing Resumes, With Some Exceptions

Filed June 22, 2009 in Green Cards, Processing Times, under USCIS and DHS , tagged , ,

Speed motion in highway tunnel 104118986As of June 29, 2009, I-140 Premium Processing Service will resume, with a few exceptions including the EB-1 Multinational Executive Manager and the EB-2 National Interest Waiver (NIW) categories. more »

FY2010 H-1B Filing Opens April 01, 2009

Filed February 14, 2009 in Temporary Visas, under USCIS and DHS , tagged , ,

Airport Corridor iStock_000003592130XSmallThe earliest date to file for an H-1B employment start date of October 01, 2009, is April 01, 2009.  Congress has placed an annual cap of 65,000 on the number of H-1B visas that may be issued each government fiscal year (October 01 to September 30). In addition to the 65,000 regular H-1B cap, 20,000 additional visa numbers are available for qualifying applicants with a US Masters Degree or higher. more »

H-1B Filing Deadline Approaching April 1, 2009

Filed February 11, 2009 in Temporary Visas, under USCIS and DHS , tagged , ,

train in station 146721383The earliest date to file for an H-1B start date of October 1, 2009, is April 1, 2009. Each fiscal year (October 1 to September 30), H-1B visas are capped at 65,000. In addition, 20,000 additional visa numbers are available for qualifying applicants with a US Masters Degree or higher. Employers planning to sponsor H-1B workers for the coming fiscal year should therefore prepare for filing as soon as possible to have a better chance of obtaining an H-1B number. more »

H-1B Termination: Liability for Back Wages

Filed February 1, 2009 in Temporary Visas, under USCIS and DHS , tagged

End of Road 135963868The Administrative Review Board (ARB) of the United States Department of Labor ruled on December 28, 2008, that an employer who failed to report the termination of an employee who held an H-1B visa is liable for back wages since that H-1B employee’s periods of unproductiveness were not due to his unwillingness or unavailability to work. more »

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