Hunton Immigration and Nationality Law Blog : Immigration Lawyer & Attorney : Hunton & Williams Law Firm : Workplace Enforcement, Immigration Visas

The State Department has announced the registration period for the Congressionally mandated 2012 Diversity Visa (DV) lottery.  The DV lottery allows nationals from certain countries to apply for immigrant visas ("green cards") outside of the normal immigrant visa process.  Individuals already being sponsored for immigrant visas by family members or employers may participate as well.  Requirements include being a national of an eligible country (although an applicant may qualify based on his or her spouse's nationality) and high school education or work experience.  The online registration period begins on Tuesday, October 5, 2010, at noon EST, and ends on Wednesday, November 3, 2010, at noon EST.  Complete eligibility requirements and filing instructions can be found HERE.

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On July 1, 2010, the Vital Statistics Office of the Commonwealth of Puerto Rico began issuing new, more secure Puerto Rican birth certificates to US Citizens born in Puerto Rico.  As of October 1, 2010, all certified copies of Puerto Rican birth certificates issued prior to July 1, 2010, will no longer be valid.  Accordingly, the Citizenship and Immigration Services (USCIS) issued a press release providing guidance to US employers with regard to the I-9 process.  For new employees, employers may continue to accept all Puerto Rican birth certificates through September 30, 2010; after that date, only the new Puerto Rican birth certificates (issued on or after July 1, 2010) we be acceptable for I-9 purposes.  Therefore, as of October 1, 2010, employers must pay close attention to the issuance date of Puerto Rican birth certificates presented for I-9 purposes.

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The Department of State has revised its "visa reciprocity" schedule for China, effective July 9, 2010, allowing US embassies and consulates to issue 1-year, multiple-entry H-1B visas to Chinese nationals.  The new reciprocity schedule for China may be viewed at the State Department's website here.

Validity periods and other restrictions on US nonimmigrant visas, such as H-1B visas, are based on the concept of "reciprocity":  the validity and limitations another country imposes on US citizens for similar types of visas.  Previously, Chinese H-1B visas were limited to 3 months and only 2 entries to the United States, making frequent foreign travel problematic for Chinese H-1B workers and their U.S. employers.

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The U.S. Department of State has confirmed that contractors on a pre-approved list at the Kentucky Consular Center (KCC) are now auditing approved nonimmigrant petitions -- including H-1B and L-1 petitions -- in order to verify that information contained in the petitions is correct.  The audits are creating significant delays for petition-based visa applicants at embassies worldwide.

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