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FY 2008 H-1B Numbers 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
Guide to
Naturalization 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
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