The USCIS followed up on plans announced last fall to increase the vailidity period of TN visas from 1 year to 3 years. this would apply to both new admissions as well as extensions. The proposed rule is expected to be published in the Federal Register shortly. Many IT cos. use the TN category for computer systems analysts.  THe USCIS announcement can be found below.  

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=688960f669fb9110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

HLG produces a monthly ezine directed at employers who employ foreign national workers. It is free of charge and can be subscribed to using a link to the right. The April edition was released last week. http://www.hammondlawfirm.com/monthly/business-immigration-monthly-april-FY2009-h-1-cap-reached.htm

The Chennai Consulate has recently sent out a memo to all Business Executive Program companies interpreting how time spent in the US on an H1B counts in determining the one year continuous employment abroad requirement for L-1 status. According to this memo, the Consulate states that time spent in the US on an H1b “stops the clock” for the purpose of the 1 year work requirement, i.e. does not interrupt the continuity of the one year requirement. However, the time spent in the US does not count towards the fulfillment of the one year requirement either. For example, an employee who has worked abroad with an affiliated employer for six months then enters the US on an H1b for six months, then travels back abroad and wants to reenter the US on an L1 visa will not be able to as they have only 6 months of qualifying employment. They must work abroad for an additional 6 months for that affiliated employer to be eligible for an L1. The key is that the employee must show one-year of qualifying employment during the past three years has been served abroad.

The USCIS announced that it has completed the H-1b lottery and that receipts on those cases that were chosen should be received no later than June 2, 2008. We should also expect that cases not chosen will begin to be returned and that process could take 6-8 weeks.  If your case was filed as a premium processing case and chosen, the clock will start to tick as of April 14, 2008. For a full copy of the press release please see http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=183f301458e49110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD

Today, the USCIS announced that it received 163,000 H-1b cases for the FY 2009 cap of which 31,200 were for the advanced degree cap.  The lottery will begin shortly so keep your fingers crossed. There has been no indication as to when receipts will be issued for accepted cases or when rejected cases will be returned however, expect the lottery process to take several weeks.

Here is a March 31, 2008 Federal District Court (New Jersey) decision where the Federal Court found that Pegasus Consulting Group failed to pay ‘benched’ workers.  Employers are reminded that ‘benched’ H-1 workers must be paid the greater of actual or prevailing wage, or the worker’s employment must be terminated.

Today, the USCIS officially announced that it had enough petitions as of April 7th, to reach both the advanced degree and regular cap. The announcement can be found at http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=c5b6628090e29110VgnVCM1000004718190aRCRD&vgnextchannel=68439c7755cb9010VgnVCM10000045f3d6a1RCRD  The USCIS is expected to begin the random lottery selection process shortly however, no date has been set. It is expected that it may be several weeks or even a couple of months before the lottery process is completed. Cases filed under the advanced degree cap and not chosen as part of the 20,000, will be placed in the lottery for consideration under the regular allotment.   

The DHS has announced new rules impacting certains persons on OPT.  http://www.dhs.gov/xnews/releases/pr_1207334008610.shtm  HLG will be providing a detailed summary of these rules on Monday.  The USCIS has also issed an FAQ regarding the new rules http://www.uscis.gov/files/article/OPT_FAQ_4apr08.pdf

HLG produces a monthly ezine directed at employers who employ foreign national workers. It is free of charge and can be subscribed to using a link to the right. The March edition was released last week. http://www.hammondlawfirm.com/monthly/business-immigration-monthly-March-2008-h-1-cap.htm

Today, the USCIS issued an Interim Rule which changes certain policies for H-1b cap filings for FY 2008. The full memo can be found at USCIS link.   

The new rule makes 2 major changes:

1. Duplicate filings by the same employer for the same beneficiary will be denied or revoked and filing fees not returned.

2. The filing period will last for 5 business days.