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As of January 19, 2012, the Department of State and the Department of Homeland Security will be conducting a two-year visa interview waiver pilot program. The program permits consular officers to waive interviews for certain qualified nonimmigrant applicants worldwide who are renewing their visas within 48 months of the expiration of the previous visa, and within the same classification as the previous visa. Specifically, the pilot program includes renewal applicants whose visas have expired more than 12 months but less than 48 months after the expiration of the previous visa (in the same class, not including excepted visa classes).
Under the program, consular officers will also be permitted to waive the interview and fingerprint collection requirement for applicants holding Brazilian passports worldwide who are younger than 16 or older than 66 who are applying for the first time or renewing their previous visa (not the excepted visa categories), and who are citizens or residents of the country in which they are applying for a visa. DHS Customs and Border Protection Officers will then collect their fingerprints at the Port of Entry through the US-VISIT program.
The USCIS verifies, through its Validation Instrument for Business Enterprises (VIBE), the existence of U.S. businesses petitioning for foreign national employees. The instrument is provided to the USCIS through a data partnership with Dun & Bradstreet. If data on the employer is unavailable or inconsistent with the petition, the USCIS will send out a Request for Evidence (RFE) seeking additional business information.
To avoid RFEs, employers may with to proactively update the company's business data with D&B. A streamlined process for updating this data has been developed. It is available at D&Bs iUpdate for government customers.
Relief for the huge backlogs plaguing the current immigration system may be coming soon. On November 29, 2011, the House of Representatives voted 389 to 15 to ease restrictions on the entry of highly skilled immigrants to the U.S. The bill, The Fairness for High-Skilled Immigrants Act of 2011, received bipartisan support and is aimed at eliminating country-specific caps on immigrants such as engineers, computer scientists, etc. The legislation has received wide support and is backed by technology companies, the U.S. Chamber of Commerce, and pro-immigration groups.
Current law bars immigrants from an individual country from claiming more than 7 percent of the 140,000 employment green cards issued each year. This limit applies equally to nationals of small countries such as Iceland (population 300,000) and large countries such as India (over 1.2 billion). Eliminating this artificial limit will permit U.S. employers to retain skilled workers from countries with large populations, such as India and China, and which have many highly skilled individuals who are eager to work in the U.S.
The legislation would also raise the per-country limit on family immigration from 7 percent of the 226,000 annual total, to 15 percent, easing backlogs for nationals from countries with high rates of family immigration, such as Mexico and the Philippines, and promoting family unity.
The legislation will not, however, increase the total number of immigrants permitted into the U.S. each year. Commentators suggest that this bill, which passed overwhelmingly in the House, should also pass the Senate. The fact that this is an election year, however, makes any prediction uncertain at best.
Chinese Attorney Expands Baltimore-Based Firm’s Service Offerings
BALTIMORE, December 5th, 2011 – Taylor & Ryan, LLC, a leading immigration law firm, today announced that it has hired Aimei Xi to enhance its representation of Chinese clients. Ms. Xi, who hails from China and is licensed to practice in the State of New York, will be providing skilled legal representation for individuals seeking permanent residence based on national interest waivers (EB-2); outstanding researchers and professors, individuals of extraordinary ability and multi-national managers (EB-1). She will also provide representation relating to investment visas (EB-5), Treaty-Trader visas (E1/E2); specialty occupations (H-1B); and Intra-company transfers (L-1), among other types of visas.
Ms. Xi earned her Juris Doctor degree in 2007 from the University of Minnesota Law School in Minneapolis, and earned her Bachelor of Law from Beijing Technology and Business University School of Law in Beijing. With a wide range of experience during her career, Ms. Xi most recently practiced immigration law in San Antonio, TX.
“Aimei Xi will allow us to better serve our growing number of clients from China including companies and individuals seeking to invest in the U.S.’ commented Mary Ryan, a partner with the firm.
Media Contact:
Amy Christopher, Christopher Consulting, LLC
email: amy@christopherconsult.com
mobile: 443-956-0660
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it has
received a sufficient number of H-1B petitions to reach the statutory cap of 65,000 for fiscal year (FY)
2012. USCIS is notifying the public that yesterday, Nov. 22, 2011, was the final receipt date for new
H-1B specialty occupation petitions requesting an employment start date in FY 2012.
Properly filed cases will be considered received on the date that USCIS physically receives the petition; not the date that the petition was postmarked. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY 2012 that arrive after Nov. 22, 2011.
As of Oct. 19, 2011, USCIS had also received more than 20,000 H-1B petitions filed on behalf of persons
exempt from the cap under the ‘advanced degree’ exemption. USCIS will continue to accept and process
petitions that are otherwise exempt from the cap. In addition, petitions filed on behalf of current H-1B
workers who have been counted previously against the cap will not be counted toward the FY 2012 H-1B
cap. Accordingly, USCIS will continue to accept and process petitions filed to:
- extend the amount of time a current H-1B worker may remain in the U.S.;
- change the terms of employment for current H-1B workers;
- allow current H-1B workers to change employers; and
- allow current H-1B workers to work concurrently in a second H-1B position.
U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require
theoretical or technical expertise in specialized fields such as scientists, engineers or computer
programmers.
BALTIMORE, February 22, 2011 – Taylor & Ryan, LLC, announced today that the firm has achieved international recognition for its work in the specialty area of immigration law. The Baltimore-based firm secured ranking among the top 427 corporate immigration lawyers in the world for 2011 by London-based Who’s Who Legal, a leading reference resource serving international corporations, government agencies, law firms and individual private practitioners.
Each year, Law Business Research Ltd. publishes the results of its independent survey of general counsel and private practice lawyers worldwide, creating a peer-review standard that is the basis for Who’s Who Legal. Taylor & Ryan were recognized as pre-eminent practitioners in the field of immigration law.
“We are thrilled to be recognized for our commitment to upholding the very highest standards in immigration law – guiding our clients through what can be a complex maze is a role we take to heart,” commented Frances O’Connell Taylor, founding partner of the firm. “To be ranked among the top in the world truly is an honor and reaffirms our commitment to personally look out for our clients’ best interests at every step of the way.”
Ms. Ryan and Ms. Taylor also have been ranked among “The Best Lawyers in America” (www.bestlawyers.com) for four consecutive years, and rated AV-Preeminent by Martindale-Hubbell, indicating that they uphold the highest ethical and professional standards in their field.
Founding partners Mary E. Ryan and Frances O’Connell Taylor started the firm in 2005 to provide a full range of immigration legal services to employers and individuals, with a particular passion for work in health systems, academic institutions and the biosciences. With nearly 45 years combined experience in immigration law, informed by previous experience in labor and employment law, the lawyers of Taylor & Ryan are uniquely positioned to provide strategic counsel on issues other firms may miss.
Media Contact:
Amy Christopher, Christopher Consulting, LLC
email: amy@christopherconsult.com
mobile: 443-956-0660
U.S. Citizenship and Immigration Services (USCIS) announced that it is now issuing employment and travel authorization on a single card for certain applicants filing applications for adjustment of status. The card will look similar to the current Employment Authorization Document (EAD), but will also include text that states "Serves as I-512 Advance Parole." This new card will be issued when the applications for employment authorization and advance paroled are filed concurrently. USCIS will continue to issue separate EAD and Advance Parole documents.
For more information please consult the USCIS website.
BALTIMORE, January 4, 2011 – Taylor & Ryan, LLC, a nationally acclaimed immigration law firm, today announced that it has secured Minority Business Enterprise (MBE) Certification, due to its 100% ownership by women (MBE # 10-722). Founding partners Mary E. Ryan and Frances O’Connell Taylor started the firm in 2005 to provide a full range of immigration legal services to employers and individuals, with a particular passion for work in health systems, academic institutions and the biosciences.
With nearly 45 years combined experience in immigration law, informed by previous experience in labor and employment law, the lawyers of Taylor & Ryan are uniquely positioned to provide strategic counsel on issues other firms may miss.
“We understand the complexity of immigration law and serve as our clients’ expert guides every step of the way,” commented Ms. Ryan. “It’s not just paperwork – lives and livelihoods are in our hands. We personally look out for our clients’ best interests and advocate on their behalf to achieve the best possible outcome for each unique situation.”
Recognition of Ms. Ryan and Ms. Taylor as among “The Best Lawyers in America” (www.bestlawyers.com) for a fourth consecutive year underscores the prestige of the firm, as each was selected based on an exhaustive peer review evaluation process in with nearly 40,000 top attorneys casting more than 3.1 million votes evaluating their colleagues’ abilities. Additionally, Ms. Taylor and Ms. Ryan have been rated AV-Preeminent by Martindale-Hubbell, indicating that they uphold the highest ethical and professional standards in their field.
“What sets us apart from everyone else is that we don’t churn out papers and make each case fit our process; rather, we tailor each case to the particulars of the parties, while ensuring that all steps are completed properly and within the bounds of the law,” commented Ms. Taylor. ““Employers trust us with their talented employees; people trust us with their dreams. We understand how important this is, and our clients rely on our deep experience, extensive case knowledge and careful attention to legal requirements in immigration law to achieve the optimal result.”
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Media Contact:
Amy Christopher, Christopher Consulting, LLC
email: amy@christopherconsult.com
mobile: 443-956-0660
The Commerce Department has confirmed to AILA liaison that USCIS will suspend the requirement that H-1B, H-1B1, L, and O-1A petitioners complete the export control/ITAR questions in Part 6 on the new I-129 form for a period of 60 days, but will require petitioners to use the new I-129 form (rev. Nov. 23, 2010) for petitions postmarked December 23, 2010, or after.
AILA InfoNet Doc. No. 10122231 (posted Dec. 22, 2010)
The new I-129 form will be required for any petition filed on or after December 23, 2010. The form has a number of new questions for employers, including questions regarding controlled technologies.
Release of controlled technology or technical data to foreign nationals, even U.S. employees is "deemed" to be an export to that person's country or countries of nationality. One implication of this rule is that a U.S. company must seek and receive a license from the U.S. Government before it releases controlled technology or technical data to its nonimmigrant employees employed as H-1B, L-1 or O-1A beneficiaries. This is not a new law, but the initiative by the USCIS to collect this data is new. Employers will be asked to certify that it has reviewed the Export Administration's Regulations (EAR) and the International Traffic in Arms Regulations (ITAR) and that:
A license is not required from either the U.S. Department of Commerce or the the U.S. Department of State to release such technology to the foreign person: or
A license is required from the U.S. Department of Commerce and/or the U.S. Department of State to release such technology or technical data to the beneficiary and the petitioner will prevent access to the controlled technology or technical data by the beneficiary until and unless the petitioner has received the required license or other authorization to release it to the beneficiary.
According to the USCIS, most employers are not likely to be subject to the licensing requirements. As a general rule, if all the technology used by an organization is commercially available, it is not likely to be required to seek licensing. It is more likely that military contractors or other organizations that deal with advanced scientific technologies, including certain software systems, may be subject to the licensing requirements. The U.S. Department of Commerce provides a wealth of information regarding deemed exports. Employers are well-advised to seek counsel from an export control attorney.
There are new questions about whether or not the employee will be employed at any offsite locations. If an employer intends to send an H-1B employee to locations other than the primary work location, it must certify that it will comply with all applicable laws and regulations governing the H-1B nonimmigrant classification at every location. The employer may be required to provide an itinerary with the H-1B petition.
Employers will also be asked to provide information (as applicable) on the forms such as the employee's Student & Exchange Visitor System (SEVIS) number; Employment Authorization Document (EAD) number and information about whether the employee ever held J status.
In August, Public Law 111-230 was passed and signed into law. It requires some employers to pay an additional fee of $2000 or $2250 for certain H or L petitions. Only employers that employ 50 or more employees and have more than 50% employees in H-1B, L-1 or L-2 status are subject to the higher fee. The I-129 form now incorporates questions to elicit this information.
