The Law Offices of Adam Edward Rothwell - Blog

December 10, 2009.
Unused H1B Work Visas Still Available.

There are still about 2,000 - 3,000 H-1B Work Visas available for Fiscal Year 2010. This is an incredible difference from the past four years, where all H-1B Work Visas to start in October were allocated well-before the October 1 potential start date.
If you are an employer looking to hire a worker on a H1B Visa, definitely get in your application before the holidays. The remaining H1B Visas will go very quickly. However, as another positive, new applications for H1B Visas for the Fiscal Year 2011 will be accepted starting April 1, 2010, which will also be here before long.
As far the the H-1B Program itself, there will be heavy increase in 2010 in worksite visits to ensure all documents have been properly posted. Audits at employers will also be performed in substantially higher number during 2010 to ensure all LCA requirements have been and continue to be met.

October 12, 2009.
Non-Minister Special Religious Worker Program Extended in the US.

The extended category covers special immigrant religious workers in professional or non-professional capacity within a religious vocation or occupation. The extended date also applies to accompanying spouses and children of these non-ministers. Workers entering the United States only to continue the vocation of a religious minister are not affected by the expiration date.

June 11, 2009.
Rule Requiring Federal Contractors to Use e-Verify syetm delayed.

Implementation of the final rule requiring federal contractors and subcontractors to begin using U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system has been delayed until Sept. 8, 2009.
The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (collectively known as the Federal Acquisitions Regulatory Councils) will publish an amendment in the Federal Register on June 5, 2009, postponing the applicability of the final rule until Sept. 8, 2009. The rule was first published on Nov. 14, 2008 requiring federal contractors and subcontractors to agree to electronically verify the employment eligibility of their employees.

June 1, 2009.
This is a reminder that Applicants for Adjustment of status, asylum and TPS must first receive advance parole before travelling overseas from the United States.

Advance Parole is permission to reenter the United States after traveling abroad. Advance Parole is an extraordinary measure used sparingly to allow an otherwise inadmissible individual to enter the United States due to compelling circumstances. By law, certain individuals must apply for a travel document and have Advance Parole approved before leaving the United States. Attempts to reenter the United States without prior authorization may have severe consequences since individuals requiring advance parole may be unable to return to the United States and their pending applications may be denied or administratively closed. Applicants planning travel abroad should plan ahead since applicants can anticipate processing times of about 90 days, depending on the USCIS office location.