Immigration Blog

H-1B Cap Subject Selection Finalized

USCIS has announced that data entry of all FY2015 H-1B cap petitions has been completed. All H-1B cap petitions that were not chosen in the lottery will be returned over the next few weeks. As of May 6, receipts for selected petitions were also being mailed. For more information, please visit www.uscis.gov.

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Electronic Travel History Now Available

The Customs and Border Protection (CBP) launched a new webpage that allows nonimmigrants the ability to obtain their five year arrival/departure travel history. Since the April 2013 launch, many foreign nationals have visited the CBP’s website to obtain a copy of their I-94 card. Now, they can also access their five year arrival and departure record history which can be used to facilitate the recapture of time spent abroad and to complete other immigration applications. To obtain the […]

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DHS Proposes Enhanced Opportunities for E-3 and H-1B1 Workers

Under the DHS proposed rule, nonimmigrant high-skilled specialty occupation professionals from Chile and Singapore (H-1B1) and Australia (E-3) would receive an automatic extension for continued employment with the same employer if the employer has timely-filed for an extension of the nonimmigrant’s stay.  Under the current regulation, these professionals must stop working when their status expires and wait until the petition extension is approved, which often can be delayed by requests for evidence or from long processing […]

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Some H-4s May Receive an EAD

The White House announced possibly allowing certain H-4 visa holders to apply for work authorization while their spouses are in valid H-1B status. The announcement limits the work authorization to “spouses of certain high-skill workers on H-1B visas,” but does not define this term. In 2012, the DHS proposed the issuance of work authorization to H-4s whose H-1B spouse “have begun the process of seeking lawful permanent resident status through employment and have extended their authorized […]

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Support for In-State Tuition for Undocumented Students

Governor Scott and the Florida legislature are supporting bills that will allow particular undocumented immigrants to pay in-state college tuition rates.  Currently, Governor Scott is supporting the Senate’s version of the bill (SB 1400), which also bars universities from raising tuition above a certain level and “keeps college affordable for Florida’s students.”  The House version of the bill (HB 851) is expected to pass with bi-partisan support, and receive a full vote of the House in […]

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BALCA Finds Evidence of Prior Experience Sufficient

Many employment-based “green card” cases require evidence that the employee had the mandatory work experience or knowledge prior to joining the sponsoring employer.  On April 2, BALCA (the Board of Alien Labor Cert. Appeals) reversed a PERM denial and found that “the Employee’s submission of the signed letter in response to the Audit substantially complied with the Audit request, and the Certifying Officer’s (CO) denial was not warranted.”  In the Audit, the employer was asked […]

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