The H-1B visa program allows U.S. employers to temporarily hire non-immigrants to fill specialized jobs in the United States. Specialized occupations are those occupations that require a "theoretical and practical application of a body of highly specialized knowledge, and ...attainment of a bachelor's or higher degree in a specific specialty (or its equivalent) as a minimum for entry into the occupation in the United States." Employers who seek to hire an H-1B nonimmigrant in a specialty occupation must first submit a Labor Condition Application ("LCA") to the Department of Labor (DOL) with the goal of obtaining DOL approval. DOL approval ensures that the employment of H-1B visa holder does not adversely affect wages or work conditions of U.S. workers, as required by the Immigration and Nationality Act.

TO READ MORE ON "OVERTIME COMPENSATION TO H-1B WORKERS", PLEASE CLICK HERE . . . 

There are Only 58,200 Regular H-1B Visas: Do Not Delay - It's Now Time to Strategize for the H-1B Season.

The current annual cap on the H-1B category is 65,000. All H-1B non-immigrants are not subject to this annual cap. Up to 6,800 visas are set aside from the cap of 65,000 during each fiscal year for the H-1B1 program specifically designed for the citizens of Chile and Singapore.  

Unused numbers in H-1B1 pool are made available for H-1B use for the next fiscal year. Thus, in effect, only 58,200 H-1Bs visas are granted each year except 20,000 additional H-1B visas which are restricted to individuals who have received master's degrees or higher from U.S colleges or universities.

The Department of State (DOS) recently amended its regulations pertaining to The North American Free Trade Agreement (NAFTA), by removing the petition requirement for Citizens of Mexico applying for nonimmigrant TN classification as NAFTA professionals. The rule reflects changes to the documentary and procedural requirements under the Immigration and Nationality Act, in implementation of NAFTA.

FOR DETAILED INFORMATION, PLEASE CLICK HERE . . . 

As part of an initiative to improve existing Forms, the USCIS responded favorably to suggestions received from the general public. The result is a recent revision of Form N-400, Application for Naturalization. The revised Form N-400 provides USCIS with additional tools to make important eligibility determinations, present customers with clearer instructions, and incorporate technology that improves efficiency and accuracy for both USCIS and its customers.

As always, the Immigration and Nationality attorneys of Nachman Phulwani Zimovcak (NPZ) Law Group, P.C. strongly encourage you to seek qualified immigration and citizenship assistance with regard to the preparation of any U.S. and/or Canadian immigration law process.  

"There are so many potential areas where a small, seemingly insignificant, error can end-up costing a great deal in time and effort to rectify. It is important to respond properly to each query posed on the Form." says David H. Nachman, Esq., one of the Managing Attorneys of NPZ Law Group, P.C., an Immigration and Nationality law practice which handles Naturalization and Citizenship matters for clients throughout the U.S. and around the world.

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Recently, a Final Judgment was rendered by the U.S Department of Labor (DOL) against the firm called "Greater Missouri Medical Pro-Care Providers, Inc." due to its involvement in the H-1B rules violations. 

Judgment was rendered against the H-1B employer in favor of one of the H-1B employees of Greater Missouri Medical Pro-Care Provider, Inc., for not paying the employee for time-off and making illegal deductions from the employee wages and requiring the employee to pay an alleged illegal penalty for ceasing the employment with the employer prior to a date agreed by both employer and employee. After a thorough investigation by the Administrator of Wage and Hour Division at DOL, it was noted that Greater Missouri Medical Pro-Care Providers, Inc. made several other violations of the Labor Condition Application (LCA).

Thus, LCA compliance issues are critical for the H-1B employer. In addition, the H-1B employer needs to be aware of potential LCA Audits as well as FDNS Site Visits. Doing an H-1B for a potential employee requires a great deal of specific detailed analysis and preparation for an H-1B employer. Employers need to be careful about getting the H-1B "on the cheap" as, in such cases, various DOL and other important compliance issues may not be appropriately addressed.   

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The Nachman Phulwani Zimovcak (NPZ) Law Group continues to assist its clients and others to understand the burgeoning areas of change in the H-1B visa arena and with regard to the U.S. immigration laws generally. If you, your friends, or family members have any questions about the U.S. immigration laws or need assistance with regard to an H-1B Visa Petition, please feel free to contact us by e-mail at info@visaserve.com or you can call us at 201-670-0006 (x107).

The March 2014 Monthly Visa Bulletin shows minor to moderate advancement of cut-off dates in all EB-2 and EB-3 categories, with the exception of EB-2 India, which will remain unchanged. The Visa Bulletin sets out per-country priority date cutoffs that regulate the flow of adjustment of status (AOS) and consular immigrant visa applications. Foreign nationals may file applications to adjust their statuses to that of permanent residents or to obtain approval of immigrant visas at a U.S. embassy or consulate abroad, provided that their priority dates are prior to the respective cutoff dates specified by the DOS.

At the end of fiscal year 2013, there were considerable advancements in cut off dates in the EB-2 and EB-3 India categories. In order to regulate the large increase in demand that followed, these cutoff dates retrogressed significantly in December. In January and February, there was no movement in the EB-2 or EB-3 India categories; meanwhile, the EB-3 China category continued to move ahead of the EB-2 China category. The March Visa Bulletin indicates no movement of the EB-2 India category, minor forward movement of the EB-3 India category, and continued advancement of the EB-3 China category ahead of the EB-2 China category.

As a result of continued heavy demand, a cutoff date for individuals in the family-based F-2A category from Mexico will retrogress to April 15th, 2012, while a cutoff date of September 8, 2013 will remain in effect for individuals in the F-2A category from all other countries. 

The DOS recently issued a notice for the Toronto Consulate regarding E-Visa applicants. According to notice, effective from March 1st, 2014, the U.S Consulate in Toronto will modify the E-visa application submission procedures to establish a more efficient and convenient process.  

New E visa applicants or E visa renewal applicants will e-mail a comprehensive package of information to the Consulate Office for review by consular staff at least two week in advance of applicant's interview appointment date.

FOR DETAILED INFORMATION ABOUT THE NEW E VISA PROCESS, PLEASE CLICK HERE . . .