| Dear Readers, As you know, The President signed the Omnibus Appropriations Bill into law on December 8th, and in doing so made changes to both the H-1B and L-1 visa programs. These changes include new fees and some exceptions for certain applicants, including adding another 20,000 visas over and above the congessionally-mandated H-1B cap.
In addition, President Bush has indicated that border security will be a top priority for his administration once Congress reconvenes next spring. At least for now, however, the legislature remains deeply divided about the comprehensive immigration bill set to go before Congress. Controversial provisions like drivers licenses for illegal aliens remain contentious even after being dropped from the draft bill. In any case, we will need to wait and see what the bill has in store for us. You can read more information about both stories below. It is my pleasure to serve you and keep you informed. If you have any questions or concerns about immigration, please feel free to e-mail me at sardar@durrani.com. Sincerely, 
Sardar Durrani |
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» President Signs Omnibus Appropriations Bill - Includes H-1B, L-1 Program Changes
» EB-3 Priority Dates for India, China & Philippines Regress
» New NBC, VSC, CSC and TSC Processing Times Available
» ICE Releases New "Inside ICE" Newsletter
» New Guide for Hiring Foreign Nurses Available
» Minnesota Drivers Licence Gets New High-Tech Features
» Assemblyman to Introduce Legislation on Immigration Agents
» Hoover, Alabama Gets State's First Municipal Homeland Security Office
» How Immigration Effects Mental Health
» Bush Says Border Security Is Next On The Agenda
» Appeals Court Hears Landmark Immigration Case
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President Signs Omnibus Appropriations Bill - Includes H-1B, L-1 Program Changes On December 8th, the President signed the Omnibus Appropriations Bill which includes reforms to the H-1B and L-1 visa programs. The bill makes several key changes to both programs, as described below: Changes to the H-1B Program:
Beginning yesterday, employers who use the H-1B program are required to pay an additional $750 to $1,500 depending on their size, in fulfillment of the American Competitiveness and Workforce Improvement Act of 1998, which was reinstated in the bill. Employers previously exempt from this fee will remain exempt under the new law. The bill also created an exception to the congressionally-mandated H-1B cap for the first 20,000 beneficiaries applying with a masters or higher level degree granted by a U.S. institution. This is on top of the 65,000 visas available under the cap. Finally, nonimmigrants currently in the United States on a J-1 (exchange) visa who receive a waiver of the two year residency requirement if requested by either a federal or state agency are now exempt from the H-1B cap. Qualifying employers of these beneficiaries may submit H-1B petitions, notwithstanding the fact that the H-1B cap was already met for FY 2005, after December 8, 2004. Changes to the L-1 Program:
The L-1 Reform Act amends previous legislation by addressing the issue of “outsourcing.” L-1B temporary workers can no longer work primarily at a worksite other than their petitioning employer if the work will be controlled and supervised by a different employer or if the offsite arrangement is essentially to provide labor for hire, rather than service related to the specialized knowledge of the petitioning employer. This limitation will apply to all L-1B petitions filed with USCIS on or after June 6, 2005. This includes extensions and amendments involving individuals currently in L-1 status. The act also requires that all L-1 temporary workers must have worked for a period of no less than one year outside the United States for an employer with a qualifying relationship to the petitioning employer. Previously, participants in the “blanket L-1” program could participate after as little as six months of qualifying employment. This change applies to petitions for initial L-1 classification filed with USCIS on or after June 6, 2005. USCIS will be publishing guidance and regulations on these changes at a later date. Fee Changes for Both Programs:
Also, as of March 8, 2005, H-1B and L visa applicants must also now pay a $500 Fraud Prevention and Detection fee for each petition filed. This includes both new petitions and petitions for employer changes within the classification. There are no exceptions to this fee except for extensions of stay and amendments to the petition. Both of these fees are in addition to the separate $185 application fee. --- An AILA press release regarding the signing of the bill is available here. »
The USCIS press release regarding H-1B changes is available here. »
The USCIS press release regarding L-1 changes is available here. »
A section-by-section analysis of the bill, provided by AILA, is available,
here. »
EB-3 Priority Dates for India, China & Philippines Retrogess The new visa bulletin has just arrived, and the priority dates for India, China and Philippines in the EB-3 category (Skilled Workers, Professionals, and Other Workers) have retrogressed to January 1, 2002, effective beginning in January 2005. You can read the rest of this story here. New NBC, VSC, CSC and TSC Processing Times Available New processing times are available for the National Benefits Center, Vermont Service Center, California Service Center and Texas Service Center. The times are effective as of December 6th. You can view the processing times here. ICE Releases New "Inside ICE" Newsletter Immigration and Customs Enforcement ("ICE") has a new edition of their "Inside ICE" Newsletter available.
IN THIS ISSUE:
ICE, Australians Thwart Illegal Iran Arms Plot
ICE Makes 10th Child Sex Tourist Arrest
ICE Employees Receive Honors At 1st Annual DHS Secretary's Awards
ICE Arrests 53 at Critical Facilities in Louisiana, Kansas
...AND MORE.
You can read "Inside ICE" here.
» New Guide for Hiring Foreign Nurses Available
» Minnesota Drivers Licence Gets New High-Tech Features
» Assemblyman to Introduce Legislation on Immigration Agents
» Hoover, Alabama Gets State's First Municipal Homeland Security Office
» How Immigration Effects Mental Health
» Bush Says Border Security Is Next On The Agenda
» Appeals Court Hears Landmark Immigration Case
» India Creates Overseas Citizenship
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