Mark A Ivener, A Law Corporation

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Employers to File FY 2009 H-1B Petitions on April 1; USCIS Publishes Interim Rule Prohibiting Multiple H-1B Petitions for Same Employee

On April 1, 2008, employers may file petitions requesting H-1B workers for fiscal year (FY) 2009 employment starting on October 1, 2008. For FY 2009, Congress has once again set a tight limit of 65,000 for most H-1B workers, and the supply is expected to be exhausted immediately. Last year, the cap was reached in… Read More

DHS Issues No-Match Supplemental Proposed Rule; Public Comments Accepted Until April 25

On March 26, 2008, the Department of Homeland Security (DHS) issued a supplemental proposed rule on procedures for employers who receive a “no-match letter” from the Social Security Administration (SSA) or a “notice of suspect document” from the Department of Homeland Security (DHS) casting doubt on the employment eligibility of the employer’s workers. The previous… Read More

USCIS Issues Guidance on H-1B Specialty Occupation Licensure Requirements

U.S. Citizenship and Immigration Services (USCIS) sent guidance (PDF) to the field on March 21, 2008, updating the Adjudicator’s Field Manual on accepting and adjudicating H-1B petitions for specialty occupations when a required professional license cannot be obtained because of state licensing requirements mandating possession of a valid immigration document, such as an approved H-1B… Read More

Biometrics Required for Re-Entry Permits and Refugee Travel Documents

U.S. Citizenship and Immigration Services (USCIS) issued revised instructions, effective March 5, 2008, for the Application for Travel Document (Form I-131). The revised instructions require applicants for re-entry permits and refugee travel documents to provide biometrics (e.g., fingerprints, photographs) at USCIS Application Support Centers (ASCs). USCIS will notify applicants of their appointments at designated ASCs… Read More

PERM Data Released

The Employment and Training Administration’s Office of Foreign Labor Certification (OFLC) recently released fiscal year (FY) 2007 data covering cases processed under the Permanent Labor Certification Program. Selected statistics include: More than 85,100 PERM cases were certified during FY 2007. Foreign workers representing 176 countries were certified for permanent work in the U.S. Nearly 6… Read More