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

By Ian Macdonald

U.S. Citizenship and Immigration Services ("USCIS") announced on November 23, 2011, that the statutory H-1B cap for FY 2012 was met. USCIS will reject any cap-subject petitions for new H-1B workers that are received by USCIS after November 22, 2011, regardless of when they were postmarked. As a result, employers will be unable to obtain new H-1B petitions with start dates between now and September 30, 2012. The filing period for FY 2013 will open on April 1, 2012, for H-1B petition start dates that will be effective on October 1, 2012, the beginning of FY 2013.

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By Shin-I Lowe

On November 12, 2011, while meeting in Honolulu with Asia-Pacific Economic Cooperation (APEC) leaders, President Obama signed the APEC Business Travel Card (ABTC) Act, which will expedite travel in the Asia-Pacific region for qualified American travelers. Under the Act, U.S. Customs and Border Protection is authorized to issue the ABTC to U.S. citizens as part of its Global Entry program. Cardholders will receive expedited scheduling of visa interviews and access to fast-track immigration lanes at airports in APEC's 21 economies.

The Act, which unanimously passed Congress earlier this month, allows U.S. business people to apply for the cards for reciprocal rights in the region. Cardholders will have pre-cleared immigration entry into the 18 fully participating member economies, eliminating the cost and time involved in obtaining visas. Cardholders also will benefit from expedited transit through special fast-track lanes at major airports and seaports in all 21 economies.

An APEC press release cited business leaders’ praise of the development as a “clear signal” that the United States is helping businesses as they seek stronger trade ties in the Asia-Pacific region.

Photo credit: Official White House Photo by Pete Souza
 

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Alabama gained notoriety in June when Governor Robert Bentley signed into law HB 56, the Beason-Hammon Alabama Taxpayer and Citizen Protection Act. HB 56 quickly gained a reputation as the most aggressive in a long line of state immigration legislation and attracted interest (and ire) from the federal government, immigrant rights groups, and others. A recent federal court decision has halted implementation of certain provisions of the Act, but the central requirement that employers use E-Verify remains intact and on schedule. To learn more about the decision, the E-Verify requirements, and their implications for employers, please continue reading Littler's ASAP, Despite Legal Challenge, Effective Date Approaches for Key Provisions of Alabama Immigration Legislation, by Jorge Lopez and Patrick Simpson.

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By Shin-I Lowe

The Department of Homeland Security (DHS) has announced an extension of Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaragua for an additional 18 months, beginning January 6, 2012, and ending July 5, 2013. Eligible applicants must re-register during the 60-day re-registration period that runs from November 4, 2011 through January 5, 2012.

The 18-month extension also allows TPS re-registrants to apply for a new Employment Authorization Document (EAD). Eligible Honduran and Nicaraguan TPS beneficiaries who timely re-register will receive a new EAD with an expiration date of July 5, 2013. U.S. Citizenship and Immigration Services (USCIS) recognizes that all re-registrants may not receive their new EADs until after their current EADs expire. Therefore, USCIS is extending the current TPS Honduras EAD bearing a January 6, 2012, expiration date for an additional six months, through July 5, 2012.

TPS is a temporary immigration status that allows eligible individuals to remain and legally work in the United States for a set time period. Information from DHS about completing an Application for Temporary Protected Status and other requirements relating to TPS are available at the TPS landing page.

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