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Happy New Year!
The Immigration Practice Group at WKGJ extends our best wishes for a wonderful 2012!
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H-1B Numbers Exhausted for Fiscal Year 2012
As previously reported, U.S. Citizenship and Immigration Services (USCIS) received sufficient number of H-1B petitions to reach the statutory cap of 65,000 for the fiscal year 2012. USCIS rejected all FY2012 cap-subject H-1B petitions received after November 22, 2011. H-1B petitions for USCIS' Fiscal Year 2013 (which commences on October 1, 2012), may be filed beginning on April 1, 2012. The earliest start date that can be requested for H-1B employment under these filings will be October 1, 2012. Please contact your WKGJ attorney to discuss any future H-1B petition submissions being considered by your company.
As a reminder, the annual quota of H-1B visa numbers available does not apply to individuals currently working in H-1B status in the U.S., who are seeking to extend their current employment or seeking to change employers. In addition, individuals seeking employment with institutions of higher education, nonprofit research organizations, government research organizations and certain related entities are also exempt from the annual H-1B "Cap."
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The Department of State Visa Bulletin: Advances for the EB-2 Category
EB-2 priority dates (for Advanced Degree Professionals and Exceptional Ability Individuals) for India and China will advance significantly by nearly 10 months, to January 1, 2009, according to the January 2012 Visa Bulletin. The advancement is due to lower demand at USCIS. If demand increases significantly in response to next month's advancement, future retrogression of EB-2 cut-off dates for India and China is possible.
EB-3 priority dates (for Professionals and Skilled Workers) will advance approximately one week for India, to August 8, 2002; five weeks for China, to October 15, 2004; and two weeks for all other countries, to February 1, 2006.
EB-3 priority dates for the 'Other Workers' category will remain at April 22, 2003 for China, and advance by 10 days, to August 1, 2002, for India. All other countries will advance one month, to February 1, 2006. The January 2012 bulletin is available online. |
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Government Agency Offers Workshop on Workplace Discrimination
The Department of Justice (DOJ) recently announced the launch of a live webinar series on the topic of workplace discrimination. The webinars' debut coincides with the 25th anniversary of the Immigration Reform and Control Act (IRCA), which created the Office of Special Counsel for Immigration-Related Unfair Employment Practices (OSC).
The OSC is tasked with enforcing the anti-discrimination provision of the Immigration and Nationality Act (INA), which prohibits citizenship status and national origin discrimination in the hiring, firing, recruitment, or referral of authorized employees, as well as unfair documentary practices during the Form I-9 and E-Verify processes and retaliation against employees who engage in IRCA or Title VII protected conduct.
The webinars are free and intended to educate the public. The webinars discuss avoiding workplace discrimination and protections available to employees. The schedule for the webinars can be found on the OSC website. |
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Arizona Still in the News
Arizona's state immigration enforcement laws are extremely controversial throughout the United States. S.B. 1070, Support our Law Enforcement and Safe Neighborhoods Act, is being challenged by the Obama administration, which argues that the statute is invalid because it conflicts with federal law. The U.S. Supreme Court recently agreed to review S.B. 1070, and a decision is expected next summer.
This is the second Arizona immigration case heard by the Supreme Court in the last year. In May, the Supreme Court upheld the Legal Arizona Workers Act, which allows the state to suspend the business licenses of employers who hire unauthorized workers and requires employers within the state to register in the government's E-Verify program.
Since S.B. 1070 was enacted last year, other states have enacted similar laws, including Alabama and South Carolina. In recent weeks, a federal district court upheld several Alabama provisions modeled on the currently enjoined portions of Arizona's law, while a judge blocked key portions of South Carolina's law.
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