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Core Immigration Services
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We aim to keep our clients informed of the ongoing, recent developments in immigration law. We endeavour to keep this section updated as we hear the latest news. For further information, please contact us at news@immigrationone.com. From time to time, our team of lawyers appear in the media for lectures they have given, articles published, or general praise and recognition. Please see our media section for Our Team In the News. The Latest News section is arranged according to a specific country's newsworthy items in the current media. FISCAL YEAR 2010 H-1B CAP REACHED As of December 21, 2009, USCIS has received sufficient petitions to reach the statutory cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009. EXPANSION OF US-VISIT TO INCLUDE GREEN CARD HOLDERS The Department of Homeland Security Has Expanded "US-VISIT" To Include Legal Permanent Residents. The Department of Homeland Security (DHS) established the United States Visitor and Immigrant Status Indicator Technology Program (US-VISIT) in 2003 to verify the identities and travel documents of aliens. Aliens subject to US-VISIT may be required to provide finger scans, photographs, or other biometric identifiers upon arrival at the United States. Currently, aliens arriving at a United States port of entry with a nonimmigrant visa, or those traveling without a visa as part of the Visa Waiver Program, are subject to US-VISIT requirements with certain limited exceptions. This new final rule expands the population of aliens who will be subject to US-VISIT requirements to nearly all aliens, including lawful permanent residents (green card holders). Exceptions include Canadian citizens seeking short-term admission for business or pleasure under B visas and individuals traveling on A and G visas, among others. This new rule has been in effect since January 18, 2009. REMINDER: USCIS CONDUCTING SURPRISE SITE VISITS TO H-1B EMPLOYERS USCIS is continuing to conduct numerous on-site surprise H-1B inspections over this fiscal year. Immigration officials are taking a more aggressive stance on H-1B visa enforcement. USCIS has engaged outside contractors to conduct thousands of H-1B employer site visits without notice. The investigator may want to meet with the company's Human Resources person, the individual who signed the H-1B petition on behalf of the entity, or anyone on site to confirm the H-1B beneficiary worker's date of hire, title, work location, hours and salary information. Some typical questions the inspector may ask are: (1) Does the employee work at this location? (2) How much does the employee make? (3) Do you have copies of the employee's W-2 or recent pay stubs? (4) What is the employee's job profile? (5) How many other people are employed at your company under H-1B status? and (6) When did the company start doing business? Also, investigators may take photos of the company's building or office to prove that the company actually exists. Hence, it is vital that companies have proper public inspection files and valid I-9 forms for all H-1B employees and be on the lookout for a potential visit.
BACKLOG ELIMINATION CENTER WEBSITE NOW PERMITS CASE STATUS INQUIRIES The Department of Labor's Backlog Elimination Centers, which are in charge of processing all pre-Perm labor certification applications, now permits inquiry into the status applications. The link to the site is: http://workforcesecurity.doleta.gov/foreign/times.asp. Please keep in mind that the information provided by the site is very limited, mainly indicating only whether the application is pending, denied, or approved. STATE DEPARTMENT CLARIFIES ISSUES OF STUDENT VISA VALIDITY AFTER BREAKS IN STUDIES An ongoing concern for student (F-1) visa holders is whether their
visas remain valid after a break in studies. Recently the
Department of State clarified the issue somewhat. Students in
the U.S. who finish one course of study and wish to transfer to
another will automatically fall out of status if they do not resume studies with the new school or program within five months. For
students enrolled in schools who leave the U.S. for a break in
studies, their student visas will be invalidated after an absence
over five months. In that case, the student would need to
apply for a new F-1 visa. It should be noted, however, that students
who go abroad for activities related to the course of their studies
are not considered out of status and their visas will remain valid
even after a five month absence. CHANGES TO UK SPONSORSHIP MANAGEMENT SYSTEM FOR TIER 2 AND TIER 5 VISAS There will be further changes to the UK Border Agency's sponsorship management system from Monday 22 February 2010. The sponsorship management system is an IT system that allows licensed sponsors to bring in overseas workers and students into the UK. Tier 2 sponsors: An A-rated sponsor will be able to confirm that they will support an overseas worker; For the purposes of the application this is confirmation that the overseas worker will not claim public funds. Tier 2 and Tier 5 sponsors only:
Tier 2, Tier 4, and Tier 5 sponsors:
CHANGES TO UK TIER 4 STUDENT APPLICATIONS FROM FEBRUARY 2010 It should be noted that from 22 February 2010 those applying for UK student visas by post at an UK Public Enquiry Office under Tier 4 of the points based system will require a confirmation of acceptance for studies (CAS) from their prospective sponsor. From 22 February 2010 it will no longer be possible to use a visa letter to apply under the UK Tier 4 visa. You must have a confirmation of acceptance for studies (CAS) from the prospective sponsor. This is the case even if the visa letter was issued before 22 February 2010. You can continue to use a visa letter for the purposes of applying for a Tier 4 visa until 21 February 2010. You can use a visa letter in this situation even if the course of study starts on or after 22 February 2010. UK TIER 2 VISA HOLDERS NOW REQUIRE AN IDENTITY CARD From 6 January 2010 all those extending their stay under the Tier 2 visa including dependents will need to apply for an identity card. In November 2008 the UK Border Agency started issuing compulsory identity cards for a number of non EU nationals applying to extend their stay in the UK. Categories of people who require identity cards continues to increase. If you are required to apply for an identity card you must provide your biometrics (fingerprints and facial image) before applying to stay in the UK. If your application is successful you will be given an identity card. The UK Border Agency also proposes from the end of 2010 that highly skilled immigrants and temporary workers should be required to apply for an identity card when they apply to extend their stay under Tier 1 or Tier 5 of the UK points based system. By April 2011 all immigrants applying to extend their UK visa for more than six months will be required to apply for an identity card. Those who have indefinite leave to remain, those applying for indefinite leave to remain and those in certain other immigration categories are unaffected by the changes. In this situation you will continue to receive a vignette in your passport. UK TIER 1 VISA LIKELY TO BECOME EASIER Recently the Migration Advisory Committee completed its review of the Tier 1 visa scheme. In light of changing economic circumstances the Government had asked MAC to consider changes to Tier 1 for the years 2010/11. MAC feels that Tier 1 is operating well, but also recommended changes to the scheme. MAC's recommendations for Tier 1 (General) include the following:
In addition MAC says that Tier 1 (Post-study work) should continue. This is for migrants who wish to work in the UK after completing their education in the UK. This brings economic benefits to the UK. However MAC suggests that the government whether all courses and colleges should be treated in the same way. FAST APPLICATION PROCESSING UNDER UK POINTS BASED SYSTEM The UK Border Agency has announced that applications under many of the categories of the UK points based system will be allowed at one of the five public enquiry offices. From 6 April 2009, you will be able to use the 'premium service' for same day processing under the following categories of the points based system:
NEW RULES FOR BRITISH CITIZENSHIP ANNOUNCED The government of the United Kingdom has proposed new changes to rules for migrants who wish to attain British citizenship, including a probationary period for new citizens, payments that migrants must pay towards helping communities deal with the impact of increased immigration, and tough measures for prospective citizens who commit offenses. "Our new deal for citizenship is clear and fair. The rights and benefits of citizenship will be available to those who can demonstrate a commitment to our shared values and a willingness to contribute to the community," said Home Secretary Jacqui Smith. The changes to citizenship legislation would be backed by a new single piece of legislation that will replace all existing immigration laws, which will be tabled before Parliament in November 2008. If the naturalization measures are passed into law, they would introduce a 'path to citizenship' which would propose:
"British people have welcomed migrants over the years. Our economy and our communities are stronger for their contribution to British life. And people think it's fair that the benefits of citizenship are matched by responsibilities and contributions to Britain," Smith said.
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