On May 18, 2018, after receiving a notice from the Government of Ecuador terminating that country’s bilateral investment treaty with the United States, the U.S. Department of State’s Office of Trade Representative announced the termination in the Federal Register. The treaty has been in force since 1997.
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USCIS Approves First U Petitions Certified by National Labor Relations Board for Victims of Unfair Labor Practices
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According to the January 2016 edition of “All Aboard,” the National Labor Relations Board’s in-house newsletter, U.S. Citizenship and Immigration Services has recently granted U status for the first time to victims of unfair labor practices in cases in which the NLRB’s General Counsel served as law enforcement certifier.
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Many Visa Renewal Applicants in Mexico Now Exempt from Interview
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The U.S. Embassy in Mexico City has announced that, as of July 1, 2012, individuals seeking to renew their visas at the embassy and consulates in Mexico no longer must attend a visa interview appointment, as long as their current visas are still valid or expired within the past 48 months. Previously, only those whose…
USCIS Suspends Export License Certification Requirement on Form I-129 Until February 20
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U.S. Citizenship and Immigration Services announced recently that US employers who petition for foreign workers in the H-1B, H-1B1 (Chile/Singapore), L-1, and O-1A categories will not be required to complete Part 6 of Form I-129 until February 20, 2011. Part 6 contains the employer certification regarding licensing requirements under export controls and ITAR, recently discussed…
Employers Now Required To Complete Export License Certification for Nonimmigrant Workers
By Suzan Kern on
U.S. Citizenship and Immigration Services recently issued a new Form I-129, effective December 23, 2010. Part 6, “Release of Controlled Technology or Technical Data to Foreign Persons in the U.S.,” requires an employer to certify it will not “release” controlled technology or data to an H-1B, L-1 or O-1 worker without the appropriate “export…
New Fraud-Related Audits Are Delaying Visa Issuance at US Embassies Abroad
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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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Department of State Revises J-1 Rules for Interns and Trainees
By Suzan Kern on
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,…
Department of State Increases Consular Visa Fees
By Suzan Kern on
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…
Errors on New Electronic Visa Application (DS-160) Can Have Serious Consequences
By Hunton Andrews Kurth LLP on
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.
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Continue Reading Errors on New Electronic Visa Application (DS-160) Can Have Serious Consequences
DOL Addresses Interaction Between H-2B Visas and the FLSA
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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…