FY 2008 H-1B Numbers
Starting April 1, 2007, the United States Citizenship and Immigration Services (USCIS) will accept H-1B filings for employment starting October 1, 2007 (Fiscal Year 2008). Standard H-1B cases will count against the cap of 65,000 for FY 2008. Foreign nationals who hold advanced degrees from U.S. universities will count against the separate advanced degree cap of 20,000.
Since the H-1B numbers have been exhausted at an increasing pace each year, employers should act quickly to secure H-1B numbers for their employees. In FY 2006, the standard H-1B cap was met in four months; in FY 2007, the cap was met even more quickly - within two months. H-1B cases can be filed up to six months before the employee's start date, and the initial H-1B validity period can last up to three years.
New Passport Rule
Americans flying to Mexico, Canada and the Caribbean must now present a valid U.S. passport to re-enter the country due to a new rule effective January 23, 2007. Only about a quarter of U.S. citizens hold a valid passport and most are accustomed to traveling to neighboring countries with only a driver's license or birth certificate, which have long been sufficient to pass through airport customs on the trip home.
In addition to U.S. citizens, Canadian, Mexican and Bermudan air travelers must also now display their passports to enter the United States. For now, the rule affect only air travelers, but land and sea travelers will have to show passports starting in January 2008. Air travelers that cannot produce a passport will be interviewed by customs agents who will then decide whether to admit them into the country.
E-3 for Australian Nationals
Australian citizens who qualify for the H-1B may wish to consider applying for the E-3 visa. The E-3 is a visa category only for Australians who intend on working temporarily in a specialty occupation in the U.S. The yearly new E-3 cap allots 10,500 numbers, but the program is currently heavily underutilized. Additionally, E-3 spouses, unlike the spouses of H-1B beneficiaries, are entitled to work in the U.S. and may apply for an Employment Authorization Document. The E-3 visa is valid for a validity period of two years and renewable indefinitely.
Labor Certification Substitutions - Act Now!
Change may be on the horizon for the current labor certification substitution process. We encourage all employers who plan to take advantage of the substitution privilege to do so soon, as the rules may soon be changing.
Due to recent concerns over fraud and other misuse, regulations have been proposed that would drastically alter employers' current rights to substitute employees into already-approved labor certifications. Currently, approved labor certifications do not expire. Many employers are in possession of approved labor certifications that they ultimately intend to use for employees other than those initially involved in the labor certification filing. These employers have come to know that approved labor certifications are a valuable asset, and have life beyond the individual employee they had in mind when initiating the process.
This may soon be changing. The proposed regulations would limit the validity period of an approved labor certification to 45 days. Under the proposed plan, an unused labor certification would have no value after expiration. Given the pace at which most employers hiring and personnel processes move, this would put great stress on employers who wish to engage in such substitutions. The regulations have been submitted to the Office of Management and Budget, and are currently under consideration to be enacted. At this time, the substitution process remains unaltered, and all approved labor certifications remain valid for substitution. We encourage all employers who plan to take advantage of the substitution privilege while it is still available.
Status Correction for TR and RIR Cases
The Department of Labor recently issued a procedure to correct the status of a labor certification application that is incorrectly displayed as TR instead of RIR on their backlog center website. A representative of the employer may e-mail the backlog centers at the following addresses, info@phi.dflc.us or info@dal.dflc.us, and provide evidence of the RIR recruiting that was previously performed. The backlog centers will then update the status of the application to RIR on their website in the following weeks.
Guide to Naturalization
The USCIS has released a Guide to Naturalization (M-476) which provides an overview of the eligibility and naturalization process as well as information on the benefits and responsibilities of citizenship. Designed for those who are 18 and older interested U.S. citizenship, the guide outlines the types of applications along with the requirements for each. In addition, an overview of the entire process is presented including photographs that need to be submitted, the interview, fingerprint and oath processes. This guide is broken up into eight major sections featuring a helpful Glossary of Terms. A link to the guide is included below:
http://www.uscis.gov/files/article/M-476.pdf
Also released by the USCIS was a Guide to Naturalization for Military Personal (M-599). This brochure introduces both eligibility requirements and the process for members of the U.S. Armed Forces interested in becoming a U.S. citizen. Special eligibility provi¬sions are provided for in the Immigration and Nationality Act (INA). A link to the brochure is included below:
http://www.uscis.gov/files/article/MilitaryBrochurev7.pdf
Address Changes
The USCIS has announced that those who have a pending application or petition are now allowed to change their address online. All non-citizens are required to inform the USCIS of their new address within ten days of their move. According to USCIS Director Emilio Gonzalez, “Not only is this a terrific service for our customers, in the long run it is a great cost and time saver.” The new online system will provide an instant confirmation that the request has been received and save time for all parties involved.
The USCIS asks that before going online to change an address, customers should have the following information on hand:
- Receipt Number
- New Address
- Old Address
- Names and biological information for family members for whom a petition has been filed
- Date and location of last entry into the US
To change your address online, please visit:
https://egov.immigration.gov/crisgwi/go?action=coa.Terms