H-1B Cap Alert
U.S. Citizenship and Immigration Services ("CIS") announced that, as of August 4, 2004, it had received 40,000 H-1B filings subject to the cap for fiscal year 2005 (October 1, 2004 to September 30, 2005). If filings continue at this same rate, the cap is expected to be reached by the end of October, leaving almost a full year in which no new H-1B numbers are available.
We remind companies to identify and file for new H-1B workers right away to ensure filing before the cap is reached.
Keep in mind that only new petitions are affected, not extensions.In related news, CIS is attempting to conduct a full count of H-1B numbers used against the cap in the current fiscal year. CIS halted new petitions in February based on an estimate of cap-subject H-1B filings. It is possible that additional numbers will be available.
EADs To Be Issued For Longer Periods
In a long-awaited action, CIS has confirmed it will now issue Employment Authorization Documents ("EADs") for periods of more than one year, depending on the type of application involved. Previously, EADs were issued in most cases for only one year at a time. This caused a great deal of stress and hardship, particularly for permanent residence applicants. Such cases have been taking two to three years to be processed. The requirement to re-file for renewed EADs each year with a new filing fee, combined with processing times of six months or more, resulted in renewals being filed as soon as a new card was received. Now that CIS can issue EADs for longer periods of time, this problem will be greatly alleviated.
I-9 Documentation
CIS has issued an Employer Bulletin clarifying that an unexpired foreign passport containing a new machinereadable immigrant visa noting temporary I-551 status, together with an unexpired admission stamp, is acceptable documentation of employment authorization for I-9 purposes.
Ice Targets Students
U.S. Immigration and Customs Enforcement ("ICE") in certain states has been targeting students for removal who are found to have a gap in their status. Both CIS and ICE are closely watching the statuses of students. Schools must be very careful to ensure that SEVIS is updated with correct student information or risk having their students processed for removal.
Remember To:
- Notify our office of any change in the corporate structure.
- Have your international employees notify Immigration of address changes within 10 days.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
