H-1B Work Visa
B-1 in Lieu of H Visa (Update)
On October 12, 2012 the Department of State (DOS) issued a cable to all diplomatic and consular posts clarifying activities that will permit a B-1 in lieu of H-1B or H-3 annotation. This cable supersedes the June 21, 2012 cable and provides following guidance to the consular posts: 1. Remuneration to the Applicant: The cable…
Read MoreForm I-94 Information for Foreign Travelers: CBP Update
Custom and Border Patrol (CBP) is exploring automating the Form I-94 Arrival/Departure Record to allow for the electronic management of the data. This has resulted in delays in processing the travel information into the I-94 database. Hence, CBP is advising foreign visitors entering the U.S., who need to prove their legal status to employers, schools/universities…
Read MoreCap Subject H-1B Cases: US CIS is Prioritizing
As October 1st approaches, there continues to be delay in adjudication of H-1B cap subject cases. Many F-1 students with expired OPT are work authorized till October 1st as a result of cap-gap and unless their petitions are adjudicated by October 1st, 2012, their work authorization will terminate on September 30th, 2012. The USCIS has…
Read MoreIRS provides Interim ITIN FAQS
An Individual Taxpayer Identification Number (or ITIN) is a tax processing number that Internal Revenue Service (IRS) issues to foreign nationals who do not otherwise qualify for Social Security Numbers (SSNs) but have federal tax filing/reporting requirements. Some such beneficiaries of ITIN include but are not limited to: foreign investors, foreign students, spouses and children…
Read MoreOctober 2012 Visa Bulletin: EB-2 Cutoff Date: September 1, 2004
On September 10th the U.S. Department of State (DOS) in its October 2012 Visa Bulletin moved the cutoff date for employment-based second preference (EB-2) for India to September 1, 2004. This is a significant revision from the DOS’ earlier prediction of 2006 or 2005. Unlike previous bulletins, this bulletin did not include any predictions of…
Read MoreEB-2 Priority Date Cutoff Prediction
On August 30, 2012, Mr. Charlie Oppenheim of the Department of State’s Visa office issued predictions for the Fiscal Year (FY) 2013 as follows: Employment Based (EB)-1 Visa demand continues to be very high; Employment Based (EB)-2 India is expected to probably go back to 2006 compared to the earlier prediction of 2007. This is due…
Read MoreUS Embassy in India Announces a New Visa Processing System
On September 5, 2012, the United States Embassy in India announced it is implementing a new visa processing system throughout India that will simplify fee payment and appointment scheduling. Beginning September 26, 2012 the new system will allow U.S. visa applicants to pay application fees via Electronic FundTransfer (EFT) or with their mobile phones. The…
Read MoreWorksite Change: Is Amended H-1B Petition Required?
Every now and then our clients ask us if they need to file an amended I-129 petition when the beneficiary of an H-1B petition changes worksite. The earliest guidance on this topic was provided by the October 23, 2003 Efren Hernandez letter, USCIS Director: Business & Trade Branch, that an amended H-1B petition is not…
Read MoreAutomatic Revalidation
Automatic revalidation is a process under which certain nonimmigrants holding expired visas may leave and be readmitted to the U.S. if they meet certain requirements, including, but not limited to: Depart the U.S. for a trip of not more than 30 days to Canada, Mexico, or an adjacent island[1] excluding Cuba (for F and J…
Read MoreB-1 in Lieu of H Visa
This visa category, which is in 9 Foreign Affairs Manual § 41.31 Note 8, has been under attack in Congress, and there has been talks of revoking this category altogether. While B-1 visa is for visiting the U.S. to consult with business associates, negotiate contracts, or to attend a conference, the ‘B-1 in lieu of…
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