Foreign nationals who enter the US in J-1 visa status or change their status in the US to J-1 may be subject to INA Section 212(E). Persons subject to 212(E) are required to return to their home country for an aggregate period of two years or obtain a J-1 visa waiver to waive this requirement … Read more
Recent layoffs have made obtaining PERM certification much more challenging than in the past. If there is a layoff in the area of intended employment, PERM regulations require that the employer notify and consider all potentially qualified laid off workers in the occupation or related occupation. 20 C.F.R. § 656.17(k)(1). Moreover, the employer must disclose … Read more
On February 17, 2009, President Obama signed the American Recovery and Reinvestment Act of 2009 containing the Sanders H-1B amendment. The Sander H-1B amendment prohibits the sponsoring of H-1B visas by organizations that received funding of through the Emergency Economic Stimulus Act of 2008 (TARP money) unless the organization complies with the requirements of H-1B … Read more
Many H-1B visa holders are under the impression that there is a “grace period” following the conclusion of their stay in H-1B visa status. Most believe that if they are laid off, fired or otherwise terminated that they have 30, 60 or even 90 days to find a new H-1B sponsor or just to gather … Read more
The H-2B Visa cap was met on January 7, 2009 for FY2009. Since the passage of the Save Our Small Business and Seasonal Businesses Act of 2005, the H-2B filing season was split into two halves. The purpose of splitting the filing season is to avoid summer season filers to have an advantage over winter … Read more
Foreign nationals in the United States require a tax identification number from the Social Security Administration (SSA) or the Internal Revenue Service (IRS) to perform certain actions in the United States such as banking, taxes and obtaining a driver’s license. While, generally, a foreign national must have work authorization to obtain a social security number … Read more
In an effort to combat alleged fraud, the USCIS has made significant new requirements for petitioning religious organizations and R-1 Visa beneficiaries. The primary changes are a requirement to file an R-1 petition with USCIS, the petitioning organization must allow USCIS to inspect the site where the prospective R-1 holder will work, the initial validity … Read more
On November 13, 2008, the Department of Homeland Security (DHS) published this notice requiring travelers using the Visa Waiver Program (VWP) to obtain authorization to use the VWP through this DHS website for travel on or after January 12, 2009. Prospective VWP travelers must be prescreened by the DHS through ESTA before travel. The airline … Read more
Third Country Nationals may apply for a US visa in Mexico under certain circumstances. Third Country Nationals (TCNs) are Non Mexican nationals in the United States on temporary visas who wish to apply for a new visa at a US Consulate in Mexico. The US Consulate in Ciudad Juarez, Mexico has announced on November 3, … Read more