Mark A Ivener, A Law Corporation

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H-1B Update: Filing Date Approaches; Scrutiny at POEs Increases; USCIS Issues H-1B Guidance Under Economic Stimulus

H-1B filing date approaches. Employers will be able to submit cap-subject H-1B petitions on April 1, 2010, for the fiscal year (FY) 2011 H-1B program. The numerical limitation, or cap, for FY 2010 was reached in December 2009. Beneficiaries of cap-subject petitions may begin employment as early as October 1, 2010. Employers recruiting abroad or… Read More

State Dept. Proposes Fee Changes for Consular Services

The Department of Labor’s (DOL) Employment and Training Administration and Wage and Hour Division have published a final rule (PDF) effective March 15, 2010, affecting various aspects of the temporary agricultural employment of H-2A workers. In response to the proposed rule, the DOL received comments from a broad range of constituencies for the H-2A program,… Read More

USCIS Revises Permanent Residence Application, Changes Filing Locations

U.S. Citizenship and Immigration Services (USCIS) announced on February 25, 2010, that it has posted a revised Application to Register Permanent Residence or Adjust Status (Form I-485) and changed the filing locations. Beginning February 25, 2010, most applicants must submit the I-485 to a USCIS Lockbox facility, depending on the eligibility category under which they… Read More

Kerry, Lugar Introduce Immigrant Entrepreneur Bill

Sens. John Kerry (D-Mass.) and Richard Lugar (R-Ind.), the chairman and ranking member of the Senate Foreign Relations Committee, introduced legislation on February 24, 2010, to help immigrant entrepreneurs secure visas to the United States. The “StartUp Visa Act of 2010” would allow an immigrant entrepreneur to receive a two-year visa under a new EB-6… Read More

ETA Announces 2010 Adverse Effect Wage Rates and Maximum Meal and Travel Charges for H-2A Agricultural Worker Employers

The Department of Labor’s Employment and Training Administration (ETA) has announced (PDF, includes a state-by-state table of AEWRs for 2010) the new 2010 Adverse Effect Wage Rates (AEWRs) and the 2010 maximum allowable meal and travel subsistence charges applicable to employers seeking to employ H-2A nonimmigrant workers to perform agricultural labor in the United States… Read More