Updated Numbers Released for Fiscal Year 2011 H-1B Visas

U.S. Citizenship and Immigration Services announced that, as of April 22, 2010, it has received 16,025 H-1B Regular Cap and 6,739 H-1B Master’s Exemption petitions for Fiscal Year 2011 (October 1, 2010 to September 30, 2011). Petition filing slowed after an active first week in which over 19,000 petitions were submitted. In weeks two and three, combined, only 2,525 Regular Cap and 1,139 Master’s Exemption petitions were filed.

Arizona Governor Signs Controversial Immigration Enforcement Bill

Arizona Governor Jan Brewer has signed into law an immigration enforcement bill generally acknowledged to be the “broadest and strictest immigration measure in generations.” The bill has attracted national attention, even drawing strong criticism from President Obama who, according to The Daily Telegraph, has instructed the U.S. Department of Justice to examine the measure’s legality.

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India: "Visa on Arrival" Scheme a Success

India’s “visa on arrival” scheme has proven popular, with 1,793 visas issued in the first three months of a 12-month pilot program, according to The Economic Times. Intended to increase tourism, the program allows citizens of Singapore, Finland, New Zealand, Japan and Luxembourg to obtain a tourist visa upon arrival in India instead of securing the visa beforehand. More than half of the visas were obtained by tourists arriving at the Delhi airport. So far, Singapore nationals have been issued the largest number of visas (642) under the program.

Senate Unlikely to Address Immigration Reform Before Memorial Day

The Hill reports that, although Senator Harry Reid (D-Nev.) has been focusing on immigration reform on the campaign trail during the past few weeks, he predicts that the Senate will not address the issue until after Memorial Day. Instead, he stated that the Senate’s focus during the coming several weeks will be on legislation concerning jobs, food safety, campaign spending and financial regulation, as well as on moving forward with a number of stalled Presidential nominees.

Controversial Arizona Immigration Bill Sent to Governor

A controversial Arizona immigration enforcement bill (S.B. 1070) moved one step closer to becoming law when the state senate approved the measure on April 19. The bill has been sent to Governor Jan Brewer for her signature or veto. As reported by The Los Angeles Times, most observers expect her to sign the bill. Brewer has until April 24 to act on the bill; if she neither signs nor vetoes the bill, it will become law within 90 days of the end of Arizona’s legislative session.

City of Santa Maria, California to Use E-Verify for New Hires

The city council of Santa Maria, California approved a measure to use E-Verify when it hires new employees, reports the Santa Maria Times. The city will commence a six-month trial of the federal electronic employee verification system on May 8, 2010. It is uncertain, however, how often the city will use E-Verify because it is currently furloughing employees to save money.

Some officials and residents supported mandating E-Verify for private businesses as well. However, full council support was lacking, and many community organizers and residents spoke against the proposal.

Investment-Based Visas' Duration Shortened to One Year for Mexican Nationals

The Houston Chronicle reports that recent changes to the duration of E-1 and E-2 visas have surprised Mexican nationals and their attorneys. According to those interviewed, as of February 22, 2010, E-1 and E-2 visas being issued to Mexican nationals are for a period of only one year (previously, such visas were issued with duration periods of between three and five years).

Reportedly the reduction occurred because Mexico only grants U.S. citizens one-year work visas, and the fees for these visas increased recently.

USCIS Continuing to Accept Fiscal Year 2011 H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced that it is continuing to accept H-1B nonimmigrant visa petitions for Fiscal Year 2011 (October 1, 2010 to September 30, 2011). The agency began accepting petitions on April 1, 2010, and after one week had received approximately 13,500 petitions subject to the general cap and 5,600 petitions subject to the advanced degree exception. It took approximately nine months for USCIS to receive enough applications to meet the FY 2010 cap, with the bulk of petitions being filed by the end of October 2009.

The H-1B program allows businesses to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, e.g., science, engineering, computer programming. The program allows for 65,000 regular-cap visas, and an additional 20,000 visas for petitioners with advanced degrees (master’s degree or higher).

India: Government Continues to Ponder Project Visa

A “project visa” for foreign nationals working on joint ventures in India continues to be contemplated by the government, according to The Economic Times. The visa would be valid for the duration of a specific project and, possibly, divided into two categories: unskilled labor visas, and skilled labor visas.

India has struggled with employment-related immigration issues over the past several months. Previously, it tightened restrictions on foreign labor to increase employment opportunities for Indian nationals, putting a cap on how many visas would be issued to Chinese nationals working on projects in India. As a result, numerous projects fell behind schedule, particularly power plant construction.

Kuwait: Automated Immigration System

In connection with the implementation of a new automated immigration system, there was a brief period (March 30 to April 4, 2010), during which Kuwait’s Ministry of Social Affairs and Labor did not process transactions related to the issuance of work permits or the transference of expatriate residence, reports Arab Times. The new system, which has been delayed since 2007, took effect on April 4, 2010. The system aims to ease the exchange of information between the Ministry of Social Affairs and Labor and other ministries, reduce paper usage, and connect the government with local banks, according to KuwaitSamachar.com.

South Carolina Company Enters First IMAGE Agreement in State

Coastal Steel and Acoustics became the first company in South Carolina to sign an IMAGE agreement (Immigration and Customs Enforcement Mutual Agreement between Government and Employers), the agency announced. By signing the agreement, the company:

  • will receive agency-provided training and education on fraudulent document detection, as well as on proper hiring and anti-discrimination procedures;
  • can use E-Verify, the federal electronic employee verification system, and the Social Security Number Verification Service; and
  • can become “IMAGE certified” by following the Department of Homeland Security’s Best Employment Practices.

IMAGE was initiated in 2007 to combat unlawful employment and reduce vulnerabilities that help illegal immigrants gain employment in the United States.

United Kingdom: Super Premium Service Offered by UK Border Agency

The UK Border Agency (UKBA) has unveiled its “super premium service” for applicants seeking to extend their stay in the UK. For £15,000, the following services will be available:

  • immigration application forms will be picked up by a Royal Mail courier;
  • applicants can have their biometrics enrolled at a location of their choosing, including their home or business premises, at a time and date of their choosing (between 9:00 a.m. and 5:00 p.m., Monday through Friday); and
  • a decision on the application will be made within 24 hours of the visit, if all requirements are met.
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Canada: Backlog of Skilled Immigrant Visa Applications Emerging

Canada is on the verge of a backlog of skilled immigrant applications, reports the Toronto Star. Recent government data shows that the average processing time is seven and a half years. Currently, 600,000 applications have been submitted for the 80,055 available 2010 skilled immigrant visas, more than half of which were submitted after March 2008.

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Greek Nationals Eligible for U.S. Visa Waiver Program

The Department of Homeland Security has published a final rule in the Federal Register designating Greece an eligible country for the U.S. Visa Waiver Program (VWP). Beginning April 5, 2010, Greek nationals can visit the United States for tourism or business for 90 days or less without obtaining a visa before arrival. However, VWP travelers must comply with Electronic System for Travel Authorization requirements by obtaining travel authorization prior to arriving in the United States and must submit biometric information upon arrival, as required by US-VISIT.

Arizona House Advances Strict Immigration Enforcement Bill

The New York Times reports that Arizona legislators have given preliminary approval to legislation that primarily concerns State enforcement of federal immigration laws. H.B. 2632, which is nearly identical to a bill passed in February by the state senate (S.B. 1070), would, among other things, allow police officers to charge illegal immigrants with criminal trespassing based solely on their presence in Arizona. The two bills must now go through reconciliation, which is expected to occur within the next two weeks.