Greetings!
Please forward this newsletter to persons you think will be interested. |
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Virginia Hispanic Chamber of Commerce Mixer
October 6th ~ CLO hosted the VAHCC Mixer in celebration of Hispanic Heritage Month
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Delegate Joe Morrissey and Lakshmi |
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Michael Zajur and Lakshmi |
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Attorneys-Lakshmi and Murty |
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H-1B Cap Latest Count As Of 10/7/2011:
Regular cap count: 41,000 (out of 65,000 cap)
Master degree cap count: 19,100 (out of 20,000 cap)
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USCIS Implements I-797 Notification Change
As of September 12, 2011, USCIS has begun sending original I-797 receipt and approval notices directly to applicants and petitioners. A copy of the receipt and approval notice will also be sent to an attorney or accredited representative in cases where a Form G-28, the Notice of Entry of Appearance as Attorney or Accredited Representative, is on file. USCIS has implemented this change in notification process to ensure that documents are mailed directly to the address that the applicant/ petitioner specifies. Although USCIS discourages using another person's address for mailing purposes, it is acceptable for certain petitioners to use an attorney's address as the mailing address on a Petition for Nonimmigrant Worker if they so choose. |
USCIS Announces "Entrepreneurs in Residence" Initiative
USCIS has announced "Entrepreneurs in Residence," a new initiative which will strengthen USCIS policies and practices surrounding immigrant investors, entrepreneurs and workers with specialized skills, knowledge, or abilities. The initiative will utilize expert views from the private and public sector to help ensure that USCIS's policies and processes fully realize immigration law's potential to create and protect American jobs. Through these expert views, it will create additional opportunities for USCIS to gain insights in areas critical to economic growth.
The initiative builds upon USCIS's earlier announcement of efforts to promote startup enterprises and spur job creation, including enhancements to the EB-5 immigrant investor visa program. Since that announcement in August, USCIS has:
- Conducted a review of the EB-5 process
- Worked with business analysts to enhance the EB-5 adjudication process
- Implemented direct access for EB-5 Regional Center applicants to reach adjudicators quickly; and
- Launched new specialized training modules for USCIS officers on the EB-2 visa classification and L-1B nonimmigrant intra-company transferees.
This initiative will build upon these efforts by creating additional opportunities for USCIS to gain insights in areas critical to economic growth. The initiative will launch with a series of informational summits with industry leaders to gather high-level strategic input. USCIS will then create a tactical team comprised of entrepreneurs and experts to design and implement effective solutions. Through these efforts, the initiative will strengthen USCIS's collaboration with industry at the policy, training, and officer level, while complying with all current Federal statutes and regulations. |
House Judiciary Committee Holds Hearing on Legal Residency for Graduate Students
On October 5, the immigration panel of the House Judiciary Committee held a hearing on legal residency for foreign graduate students who earn a U.S. graduate degree in one of the STEM fields: science, technology, engineering, or mathematics.
The hearing, entitled "STEM the Tide: Should America Try to Prevent an Exodus of Foreign Graduates of U.S. Universities with Advanced Science Degrees?" examined reform measures that would increase the avenues open to foreign students to obtain legal residency after graduating . A bill being prepared by Rep. Zoe Lofgren (D-CA) would allow employers to apply for visas for students upon graduation and would apply to roughly 200 research institutions approved by the National Science Foundation. The bill has not yet been introduced.
A webcast of the hearing is available at http://judiciary.house.gov/hearings/hear_10052011_2.html |
Disruption to Points-Based System IT Systems
Important upgrades are being made to a number of the points-based system IT systems from Friday 30 September 2011 at 19:00 until Saturday 1 October 2011 at 12:00.
During this time the following systems will be unavailable:
- sponsorship management system (SMS)
- sponsor licence application
- online points calculator
The changes will affect the structure of applications for sponsor licences and certificates of sponsorship (CoSs) in Tier 2 (General) and Tier 2 (Intra company transfer).
If you begin (and save) a sponsor licence application but you do not submit it by 30 September, you will not be able to complete it after that date. You will need to begin the application process again on 1 October.
If you have a partially completed CoS application in Tier 2 (General) or Tier 2 (Intra company transfer) at the 'Work in progress' or 'Ready to go' stage on 30 September, you will not be able to complete and assign it after that date. The number of CoSs allocated to you will not be affected and you will still be able to view the CoS details using the 'View certificate of sponsorship' menu option, but you will need to begin the process to assign the CoS again. |
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H-1B Cap and Restrictive EB Green Card Polices are 'National Suicide'?
Mayor Bloomberg calls H-1B visa caps 'national suicide' - But demand for H-1B visa remains sluggish
Computerworld - WASHINGTON -- New York City Mayor Michael Bloomberg is calling for "eliminating the cap on H-1B visas" and believes restrictive U.S. visa policies -- particularly the limiting of employment-based green cards -- are a form of "national suicide."
Bloomberg, who spoke Thursday at the U.S Chamber of Commerce about national competitiveness, has been an advocate for eliminating the visa cap, easing access to employment-based green cards, and doing more through visa policies to attract foreign entrepreneurs and encourage foreign students to remain in the U.S.But Bloomberg's call for more H-1B visas comes at the same time the pace of visa demand is relatively low, as is IT hiring overall. In the immediate pre-recession years, available visas disappeared in a week.
In his speech, Bloomberg said that "temporary visas like the H-1B program help fill critical gaps in our workforce, but the numbers are too few and the filing process too long and unpredictable."Bloomberg didn't address arguments from H-1B opponents who view the visa as a way to bring in low-cost employees or displace workers through offshore outsourcing. Instead, he said that foreign workers are critical to U.S. economic success.
In years where the visa allocation has been quickly exhausted, said Bloomberg, "this leads to critical shortfalls not only in the software industry, but also in fields like engineering, electronics, pharmaceuticals, medical research and aerospace. This is just absurd to deny American companies access to the workers they need."Even so, businesses aren't rushing to apply for H-1B visas this year.
The U.S. Citizenship and Immigration Service has received 48,900 H-1B petitions so far toward its cap of 85,000, or approximately 57% of the visas available for the 2012 fiscal year, which begins Saturday. The U.S. can start issuing visas for the new fiscal year any time after that date. This relatively sluggish pace of visa petitions is in contrast to 2008, when the U.S. received some 163,000 visas within the first week after it began accepting applications on April 1. |
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Labor Market Opinion Exemption for Select IT Occupations Extended in British Columbia
Employers in British Columbia will continue to benefit from a labor market opinion exemption for seven types of IT occupations, as Canada is extending the facilitated processing program for the province to December 31, 2011. The exemption was set to expire today.
Earlier this year, the IT program was extended in Quebec until further notice. It is not available in any other Canadian province or territory at this time.
The seven IT occupations that qualify for the exemption in British Columbia and Quebec are Senior Animation Effects Editors, Embedded Systems Software Designers, MIS Software Designers, Multimedia Software Developers, Software Developers (Services), Software Products Developers, and Telecommunications Software Designers. |
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On October 1, the UKBA Will Implement a Number of Technical Modifications to the Sponsorship Management System
Employers have until September 30 to allocate their remaining restricted certificates of sponsorship to foreign workers before the UK Border Agency unveils changes to the Sponsorship Management System - the online tool employers use to administer sponsorships of foreign nationals. Though existing restricted certificates will still be available after September 30, sponsoring employers will be unable to use them without significant delays.
On October 1, the UKBA will implement a number of technical modifications to the Sponsorship Management System. The full extent of the changes is not yet known, but the UKBA is expected to release details later this week.
Restricted certificates of sponsorship are used by employers to sponsor skilled workers from outside the UK under Tier 2 (General) of the Points Based System. For 2011, there is a cap of 20,700 restricted certificates, which are issued to employers through a monthly quota system.
What This Means for Employers:
Employers currently holding restricted certificates should decide as soon as possible whether they will allocate them now to individual workers they intend to sponsor. If an existing certificate is allocated after October 1, administrative delays could hinder the new recruit's ability to begin employment on time.
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France Introduces EU Blue Card
France has introduced its version of European Union Blue Card, a program that will allow highly skilled third-country nationals to live and work temporarily in the country and ultimately acquire long-term EU residence rights. The Blue Card will become available after the French government finalizes minimum salary requirements for the program, which is expected to occur within the next two months.
To qualify for the Blue Card, a foreign national must have a three-year degree or five years of work experience, and an employment contract of at least one year. The job must pay at least 1.5 times the minimum salary set by the government. No labor market test is required.
Foreign nationals who have held another EU country's Blue Card for at least 18 months will automatically qualify for the French Blue Card. They do not require a visa to enter France and must apply for the French Blue Card within one month of arrival.
French Blue Card applications will be submitted to the local prefecture with jurisdiction over the foreign national's place of residence. Prefectures must adjudicate principal Blue Card applications within 90 days of receipt and applications from accompanying dependents within six months.
The French Blue Card will be valid for three years or the duration of the employment contract, whichever is less. Dependent family members will be granted combined work and residence permits that are initially valid for one year and can be renewed annually for the duration of the principal's Blue Card. Holders of French Blue Cards and their dependents will qualify for EU long-term residence permits after living in the EU for five years, of which the last two must be in France. |
Visa-free or Visa-on-arrival Access to Holders of Republic of India Passports
According to visa and passport information from the International Air Transport Association (IATA), some 58 countries and territories provide visa-free or visa-on-arrival access to holders of Republic of India passports (details in table under). As per Henley & Partners, a global firm which is an expert in visas and travel business, Indians have access to 50 countries without a visa.
Indian citizens are granted to visa-upon-arrival in 33 countries and territories, while a further 28 countries and territories are accessible visa-free.
Where visa-free access is permitted, such access is not necessarily a right, and admission may technically be at the discretion of border enforcement officers. Visitors engaging in activities other than tourism, including unpaid work, may require a visa or work permit.
The country of residence is a factor in determining the visa requirements for Indian passport holders when visiting some countries. For example, an Indian residing in Canada, Europe, the UK or the USA holding a residence permit valid for at least 6 months does not need a visa to travel to Costa Rica for tourism purposes. Indian citizens resident in Japan (with valid Alien Registration Cards) can travel to the Republic of Korea (South Korea) for tourism and short business trips.
Indian citizens do not need a visa to travel and work in Nepal and there is no restriction on the number of days they live/work in Nepal and vice versa for Nepalese citizens as well |
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Disclaimer
This newsletter has been prepared for general informational purposes only and does not constitute legal advice. No information included herein shall create an attorney/client relationship or constitute an invitation for such a relationship. This newsletter is not intended to be an advertisement. You should always seek professional, independent legal consultation before taking or refraining from any action. |
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Sincerely,
Lakshmi Challa
Challa Law Offices
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Lakshmi Challa's Upcoming Events:
November 9th:
Sponsoring and attending the Salute the Troops Luncheon in Raleigh N.C.
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Our Office Locations:
RICHMOND, VA:
5040 Sadler Place
Suite 200
Glen Allen, VA 23060
804-360-8482
VA BEACH, VA:
4445 Corporation Ln. Suite 291
Virginia Beach, VA 23462
800-913-4122
MORRISVILLE, NC:
5105 Grace Park Drive Morrisville, NC 27560
919-380-4044
HYDERABAD INDIA:
Challa Legal Services Pvt. Ltd 401 Flora Apartments Road Number 3 Banjara Hills Hyderabad, AP. India
91 40 23352295/6 |
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