H-1B Alert!
As previously reported, USCIS will begin accepting new H-1B applications on April 1, 2014. Given the anticipated high demand for H-1B visas this year, we expect the annual quota of H-1B visas to be used up during the initial filing period (the first five business days in April). If you are interested in sponsoring a foreign worker for an H-1B visa, please contact our office immediately.
If USCIS receives enough applications to meet the annual quota during the first five business days in April, the agency will run a random lottery to determine which petitions will be accepted for processing. Otherwise, petitions received will be processed until the quota is reached. The earliest start date for new H-1B employment is October 1, 2014. Once the quota has been reached, new H-1B visas will not be available until October 1, 2015 (with the filing period opening on April 1, 2015).
As a reminder, the annual quota does not apply to individuals currently working in H-1B status in the U.S. who need to extend their stay or change employers, or to individuals seeking employment with institutions of higher education, nonprofit research organizations, government research organizations and certain related entities. |
|
Update on EB-5 Visa Availability
The State Department's visa availability projections in its March 2014 visa bulletin indicate that the EB-5 category will remain "Current" for the foreseeable future, and there is no mention of "retrogression". As we stated in our January 2014 newsletter, visa retrogression in the EB-5 category could have a detrimental impact on investors seeking lawful permanent resident status through the EB-5 category, for themselves as well as their families. Current Department of State projections, however, refer to EB-5 demand as being "manageable". Charlie W. Oppenheim, Chief of Immigrant Control & Reporting for the State Department, stated he will most likely provide the next "availability" update in the June or July 2014 Visa Bulletin, and that he will try to provide advance notice to the public regarding possible retrogression in the EB-5 visa category. |
DHS Announces Chile's Designation As a Visa Waiver Country
On February 28, 2014, Chile was formerly designated as one of the countries entitled to utilize the Visa Waiver Program (VWP), which facilitates travel to the U.S. for foreign nationals from VWP countries. Chilean nationals will be eligible to use the VWP starting on May 1, 2014. Like other VWP travelers, Chilean nationals seeking to visit the U.S. under the VWP will be required to apply online for advanced authorization/approval through the Department of Homeland Security's Electronic System for Travel Authorization (commonly referred to as ESTA).
Chile will join 37 other countries currently participating in the VWP, which permits visa-free travel to the United States for eligible travelers visiting the United States for 90 days or less for business or tourism. |
Extension of TPS Announced for Haiti
The Department of Homeland Security (DHS) recently extended the designation of Haiti for Temporary Protected Status (TPS) for 18 months from July 23, 2014 through January 22, 2016. DHS has determined that an extension is warranted because the extraordinary conditions in Haiti that prompted the TPS designation continue to be met, thereby preventing Haitians who have TPS from safely returning.
Re-registration is limited to Haitians who have previously registered for TPS and whose applications have been granted. Certain nationals of Haiti (or individuals having no nationality who last habitually resided in Haiti) who have not previously applied for TPS may also be eligible to apply under the late initial registration provisions, if they meet certain conditions.
For individuals who have already been granted TPS under the Haiti designation, the 60-day re-registration period runs from March 3, 2014 through May 2, 2014. USCIS will issue new employment authorization documents with a January 22, 2016 expiration date to eligible Haiti TPS beneficiaries who timely re- register and apply for EADs under this extension. |
Join Us in DC on April 10!
On April 10, 2014, the American Immigration Lawyers Association will be hosting its annual National Day of Action in Washington, DC. Join WKGJ lawyers as we meet with congressional representatives and their staffers to discuss important issues regarding immigration reform. Please contact our office if you are interested in participating. |
