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We aim to keep our clients informed of the ongoing, recent developments in immigration law. We endeavour to keep this section updated as we hear the latest news. For further information, please contact us at news@immigrationone.com.
From time to time, our team of lawyers appear in the media for lectures they have given, articles published, or general praise and recognition. Please see our media section for Our Team In the News.
The Latest News section is arranged according to a specific country's newsworthy items in the current media. H1-B PETITIONS SUBJECT TO FISCAL YEAR 2012 CAP ARE BEING ACCEPTED BY USCIS As of April 1, 2011, USCIS has begun accepting H-1B Cap Petitions for Fiscal Year 2012 ("FY 2012") which begins on October 1, 2011. Congress mandated that the first 20,000 H-1B petitions with advanced degrees (applicants whose qualifying education level is a U.S. master's degree or higher) are exempt from the 65,000 regular Cap for FY 2012. In total, there is a numerical limitation of 85,000 H-1Bs available under both Caps, 20,000 under the Master's Cap and 65,000 under the regular Cap.
USCIS AND US CONSULATES ACCESS SOCIAL NETWORKING WEBSITES TO ADJUDICATE PETITIONS USCIS and U.S. Consulates around the world have access and often access internet search tools like Google Maps and social networking sites such as Facebook, Linkedin and MySpace when adjudicating immigration applications and visa petitions. Therefore, when applicants put their personal information such as job positions and locations, martial status, or current location online, please be aware that this information is publicly available to USCIS and State Department and could be used against you.
USCIS IS NOW USING A NEW WEB BASED PROGRAM CALLED VIBE FOR IMMIGRATION PETITIONS USCIS is now using a new web-based program, Validation Instrument for Business Enterprises (VIBE), to adjudicate many immigrant and non-immigrant employment based petitions such as H-1B and L-1. VIBE uses commercially available data from an independent information provider to validate basic information about companies or organizations petitioning to employ alien workers. VIBE is a USCIS tool used to help determine a petitioner's eligibility for immigration sponsorship. Presently, the independent information provider to USCIS is Dun and Bradstreet. USCIS is now using the VIBE program and petitioners may begin seeing VIBE-related Requests for Evidence (RFEs) if company or organization information submitted with a petition is different from the information obtained from the VIBE program.
EXPANSION OF US-VISIT TO INCLUDE GREEN CARD HOLDERS The Department of Homeland Security Has Expanded "US-VISIT" To Include Legal Permanent Residents. The Department of Homeland Security (DHS) established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in 2003 to verify the identities and travel documents of aliens. Aliens subject to US-VISIT may be required to provide finger scans, photographs, or other biometric identifiers upon arrival at the United States. Currently, aliens arriving at a United States port of entry with a nonimmigrant visa, or those traveling without a visa as part of the Visa Waiver Program, are subject to US-VISIT requirements with certain limited exceptions. This new final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents (green card holders). Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others. This new rule has been in effect since January 18, 2009. REMINDER: USCIS CONDUCTING SURPRISE SITE VISITS TO H-1B EMPLOYERS USCIS is continuing to conduct numerous on-site surprise H-1B inspections over this fiscal year. Immigration officials are taking a more aggressive stance on H-1B visa enforcement. USCIS has engaged outside contractors to conduct thousands of H-1B employer site visits without notice. The investigator may want to meet with the company's Human Resources person, the individual who signed the H-1B petition on behalf of the entity, or anyone on site to confirm the H-1B beneficiary worker's date of hire, title, work location, hours and salary information. Some typical questions the inspector may ask are: (1) Does the employee work at this location? (2) How much does the employee make? (3) Do you have copies of the employee's W-2 or recent pay stubs? (4) What is the employee's job profile? (5) How many other people are employed at your company under H-1B status? and (6) When did the company start doing business? Also, investigators may take photos of the company's building or office to prove that the company actually exists. Hence, it is vital that companies have proper public inspection files and valid I-9 forms for all H-1B employees and be on the lookout for a potential visit. BACKLOG ELIMINATION CENTER WEBSITE NOW PERMITS CASE STATUS INQUIRIES The Department of Labor's Backlog Elimination Centers, which are in charge of processing all pre-Perm labor certification applications, now permits inquiry into the status applications. The link to the site is: http://workforcesecurity.doleta.gov/foreign/times.asp. Please keep in mind that the information provided by the site is very limited, mainly indicating only whether the application is pending, denied, or approved.
STATE DEPARTMENT CLARIFIES ISSUES OF STUDENT VISA VALIDITY AFTER BREAKS IN STUDIES An ongoing concern for student (F-1) visa holders is whether their
visas remain valid after a break in studies. Recently the
Department of State clarified the issue somewhat. Students in
the U.S. who finish one course of study and wish to transfer to
another will automatically fall out of status if they do not resume studies with the new school or program within five months. For
students enrolled in schools who leave the U.S. for a break in
studies, their student visas will be invalidated after an absence
over five months. In that case, the student would need to
apply for a new F-1 visa. It should be noted, however, that students
who go abroad for activities related to the course of their studies
are not considered out of status and their visas will remain valid
even after a five month absence. UK TIER 1 HIGHLY SKILLED VISAS HAVE BEEN ELIMINATED The United Kingdom stopped accepting applications for the Tier 1 General from applicants outside the UK on 23 December 2010. Now, this scheme has been completely eliminated and as of 6 April 2011, applicants from within the UK are no longer eligible to apply. It has been replaced with the ‘exceptional talent’ category, which will be subject to a limit of 1,000 places.
SUBSTANTIAL INCREASE IN IMMIGRATION FILING FEES FROM APRIL 2011 Certain UK Government Visa fees will more than double from 6 April 2011. This will affect non-EU nationals who wish to live, work or study in the UK. UK employers and educational institutions will also have to pay higher UK sponsorship fees. Some of the changes to UK visa fees are as follows:
Damian Green the immigration minister had the following to say, "The fees allow us to generate revenue which is used to fund the UK immigration system and to set certain fees below cost recovery to support wider government objectives. The revenue generated will contribute towards securing our Borders and controlling migration for the benefit of the UK."
CHANGES TO THE UK TIER 2 SKILLED SPONSORED IMMIGRANTS FROM APRIL 2011 Over a period of a year from 6 April 2011 to 5 April 2012 there will be an annual limit of 20,700 visas. This will apply to restricted Certificates of Sponsorship. Unrestricted Certificates of Sponsorship will apply in the following cases:
In April 2011 4,200 certificates of sponsorship will be available. After the first month 1,500 certificates of sponsorship will be available per month until 5 April 2012. You will as a Sponsor be able to request 'restricted' CoS up to three months before the start date. The certificates of sponsorship will be allocated on the 11th of each month.
SKILLED MIGRANTS MUST PASS LIFE IN THE UK TEST FOR SETTLEMENT Skilled and highly skilled migrants are now required to pass the Life in the UK test to satisfy the knowledge of language and life (KOL) requirement for settlement (properly known as indefinite leave to remain but frequently referred to as permanent residence) in the UK. The Life in the UK test demonstrates knowledge of UK civics and culture.
As of 6 April 2011, people in the UK under these visa categores can no longer meet the KOL requirement by just passing an English for Speakers of Other Languages (ESOL) test, unless they are applying for settlement under transitional arrangements.
UK ABANDONS PLANS FOR "EARNED CITIZENSHIP" The UK Government has decided to abandon its plans to implement an 'earned citizenship' policy which was due to go into effect in July of 2011. Earned citizenship would require immigrants to apply for 'probationary citizenship' instead of permanent residence (indefinite leave to remain). Currently, an immigrant living in the UK can apply for permanent residence after about five years, after which they can live in the UK indefinitely. "We will not implement Labour's policy of earned citizenship, which was too complicated, bureaucratic and, in the end, ineffective," said Home Secretary Theresa May in a recent statement. However, the Government still appears to be on track for tightening the requirements for permanent residence in Britain.
UK TIER 2 VISA HOLDERS NOW REQUIRE AN IDENTITY CARD From 6 January 2010 all those extending their stay under the Tier 2 visa including dependents will need to apply for an identity card. In November 2008 the UK Border Agency started issuing compulsory identity cards for a number of non EU nationals applying to extend their stay in the UK. Categories of people who require identity cards continues to increase. If you are required to apply for an identity card you must provide your biometrics (fingerprints and facial image) before applying to stay in the UK. If your application is successful you will be given an identity card. The UK Border Agency also proposes from the end of 2010 that highly skilled immigrants and temporary workers should be required to apply for an identity card when they apply to extend their stay under Tier 1 or Tier 5 of the UK points based system. By April 2011 all immigrants applying to extend their UK visa for more than six months will be required to apply for an identity card. Those who have indefinite leave to remain, those applying for indefinite leave to remain and those in certain other immigration categories are unaffected by the changes. In this situation you will continue to receive a vignette in your passport.
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