Mark A Ivener, A Law Corporation

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DOS Reports on Employment-Based Visa Demand; First Preference ‘Extremely Low’

The Department of State’s Visa Bulletin for May 2011 noted that demand in the employment first preference is extremely low compared with that of recent years. Absent an immediate and dramatic increase in demand, this category is expected to remain “Current” for all countries. It also appears unlikely, the Bulletin says, that a second preference… Read More

USCIS Reviews Policy on H-1B Cap Exemptions Based on Higher Ed Relation or Affiliation

U.S. Citizenship and Immigration Services (USCIS) announced on March 18, 2011, that it is reviewing its policy on H-1B cap exemptions for nonprofit entities that are related to or affiliated with an institution of higher education. Until further guidance is issued, USCIS is temporarily applying interim procedures to H-1B nonprofit entity petitions filed with the… Read More

USCIS Continues to Accept FY 2012 H-1B Petitions

U.S. Citizenship and Immigration Services (USCIS) announced on April 8, 2011, that it continues to accept H-1B nonimmigrant petitions that are subject to the fiscal year (FY) 2012 cap. The agency began accepting these petitions on April 1. USCIS is monitoring the number of petitions received that count toward the congressionally mandated annual H-1B cap… Read More

Foreign Affairs Manual Guidance Revised on License Requirements for H-1Bs

Foreign Affairs Manual Guidance Revised on License Requirements for H-1Bs On March 31, 2011, the Foreign Affairs Manual (FAM) was revised to better reflect actual practice by U.S. Citizenship and Immigration Services: The requirements for classification as an H-1B nonimmigrant professional may or may not include a license because States have different rules in this… Read More

DOL Orders School District To Pay Foreign Teachers Millions in Back Wages

The Department of Labor (DOL) recently ordered the school system in Prince George’s County, Maryland, schools to pay $1.7 million in penalties and $4.2 million in back wages and penalties to more than 1,000 teachers recruited from foreign countries, many from the Philippines. School authorities had required the teachers to cover expenses for their H-1B… Read More