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.
Continue Reading...On August 11, 2010, the State Department published its final revised rule on J-1 Interns and Trainees. The revised rule makes 3 key changes. First, host companies no longer must provide a Dun & Bradstreet report Second, program sponsors may interview candidates by phone rather than only in person or by videoconference. And third, both interns and trainees may participate in unlimited J-1 programs as long as they will develop more advanced skills or train in a different field of expertise in each new program. Interns must still be enrolled full-time in a foreign college or university or have graduated within the 12 months just preceding the new J-1 program. Trainees (and interns who do not meet the preceding criteria) must reside outside the United States for at least 2 years before they are eligible for any additional J-1 program.
The U.S. Department of State (DOS) has announced that, as of June 4, 2010, nonimmigrant visa fees have increased at its U.S. embassies and consulates worldwide. In the Federal Register notice announcing the move, DOS explained that increases are necessary because an independent study from August 2007 to June 2009 concluded the agency "is not fully covering its costs ... under the current cost structure." Petition-based visa fees for temporary workers -- such as H-1B, L-1 and O-1 -- increased from $131 to $150. E-1 (treaty trader) and E-2 (treaty investor) visa fees increased almost 300 percent, from $131 to $390. For additional detail, please consult the Federal Register notice.
Since 2009, the Department of State has been phasing in a new, online visa application form at embassies worldwide. The new DS-160 combines all previously used forms (DS-156, DS-157 and DS-158) for all nonimmigrant visa applications except Ks and Es. DOS's goal is to use the DS-160 exclusively worldwide by April 30, 2010.
Continue Reading...On August 21, 2009, the Department of Labor (DOL) issued a bulletin discussing the interaction between the H-2B visa program and the Fair Labor Standards Act (FLSA). After an extensive review, and under its wage and enforcement authority, the DOL has concluded that employers are responsible for paying both transportation and visa expenses of their H-2B workers, since these are "primarily for the benefit of the employer". A copy of the bulletin can be found here.
U.S. Citizenship and Immigration Services (USCIS) has engaged outside contractors to conduct thousands of site visits to petitioners, including companies that have sponsored employees in H-1B, L-1 or O-1 status. Typically, the site visits are conducted after approval of the petition. The investigators may arrive unannounced at the work site, or call the company ahead of time to plan a time to visit the company office or facility. According to information provided by one such investigator, the purpose of the site visit is to verify that the company is a real operating business entity, and that the person sponsored in the petition is actually employed by the company in the manner described in the petition. Hunton & Williams clients should contact us immediately if your company is the target of such an investigation, so we can coordinate the process and assist with satisfying any legitimate requests by the investigator.
After years of rumors and high hopes, the USCIS has finally announced that Canadian and Mexican citizens applying for TN status may be admitted for up to three years at a time. Previously, they were limited to one-year renewable increments. The TN visa category, created as part of the North American Free-Trade Agreement (NAFTA), allows certain Canadian and Mexican professionals to work lawfully in the United States for US employers. This is very good news for employers, as it will reduce the annual renewal costs and inconveniences for employees holding TN status. The USCIS announcement can be read here.
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