Global Immigration Counsel : Immigration Lawyer & Attorney : Littler Mendelson Law Firm : Permanent Residence, Labor Certification : Global Immigration Counsel

United States Citizenship and Immigration Services (USCIS) has released updated H-1B visa numbers for Financial Year 2011. As of January 7, 2011:

• the 20,000-petition cap for H-1B Master’s Exemption visas has been met; and
• 58,700 H-1B regular cap petitions have been filed, 6,300 petitions shy of the cap amount.

Although the H-1B Master’s Exemption visa cap has been met, USCIS will continue to accept these petitions and count them against the regular cap until said cap is reached.

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The Overseas Citizen of India (OCI) and People of Indian Origin (PIO) cards will be merged in order to facilitate cardholders’ visa-free travel to India, residency rights, and participation in business and educational activities in the country, reports The Hindu. For information on the current differences between the cards, please see the India Ministry of Home Affairs’ comparative chart (pdf).

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On January 5, four Republican Congressmen, along with 26 co-sponsors, introduced H.R. 140, the Birthright Citizenship Act of 2011. This bill would amend the Immigration and Nationality Act’s birthright citizenship requirements (8 U.S.C. § 1401) so that individuals born in the United States will be granted citizenship only if at least one parent is:

• a U.S. citizen or national;
• a lawful U.S. permanent resident; or
• an alien performing active service in the armed forces.

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The UK Border Agency recently announced some additional details regarding the cap on number of certificates of sponsorship issued under Tier 2 (General) of the points-based system. Beginning in April 2011, an annual limit will be placed on Tier 2 (General) applications. Moreover, until April 5, 2011, an interim limit on the total number of certificates of sponsorship that sponsors can issue under Tier 2 (General) is in effect: 10,382 certificates (including initial and extension applications). Included in the interim limit are certificates already allocated to sponsors. However, a small number of certificates have been set aside and sponsors may be allocated additional certificates if they are:

• an existing sponsor and exceptional circumstances exist; or
• a new sponsor.

The following types of Tier 2 applications are not included in the interim limit: intra-company transfers; ministers of religion; and sportspersons.

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On January 2, 2011, President Obama signed H.R. 847, known as the James Zadroga 9/11 Health and Compensation Act of 2010, which provides medical monitoring and treatment for 9/11 first responders. The law will be financed in part by extending the period during which increased application fees for L and H-1B visas will be collected from certain employers. As discussed previously, application fees increased for certain employers by $2,250 (L visas) and $2,000 (H-1B visas) to fund a border protection bill enacted in August 2010. This increase, which was to expire on September 30, 2014, now expires on September 30, 2015.

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United States Citizenship and Immigration Services (USCIS) announced that employers submitting petitions for visas will not be required, until February 20, 2011, to complete Part 6 of Form I-129 (Petition for a Nonimmigrant Worker). The updated Form I-129 replaced the previous version on December 23, 2010. According to Fox News, the delay in requiring employers to complete Part 6 was caused by confusion over recently implemented USCIS regulations that impose increased obligations under two older laws: The Export Administration Regulations (EAR) (15 C.F.R. Parts 770-774) and the International Traffic in Arms Regulations (ITAR) (22 C.F.R. Parts 120-130).

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Florida recently became the 14th state to require government employers and contractors to use E-Verify to confirm employees’ legal work status. On his first day in office, January 4, 2011, Governor Rick Scott signed Executive Order Number 11-02, which took effect immediately and requires:

• all state agencies under the direction of the governor to verify employment eligibility of all current and prospective employees through E-Verify; and
• that such agencies’ contracts contain an express requirement that contractors use E-Verify to confirm the legal work status of: (1) their employees on public works projects in Florida; and (2) all persons, including subcontractors, assigned by the contractor to work on those projects.

Additionally, the order states that agencies not under the direction of the governor are “encouraged” to use E-Verify to verify current and prospective employees’ legal work status, and to require the same of those agencies’ contractors and subcontractors.

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