NEWS
H-lB Cap for Fiscal Year 2014 Reached in 5 Days!
The annual cap on H-lB's of 65,000 was reached on April 5,2013. That is only five days after the window for applying opened on April 2,2013. Current law provides that if the cap is reached within five days, a lottery involving all who submitted H-lB applications within that period of time will be conducted and the H-lB "winners"
randomly chosen.
Last year, the H-lB cap was not reached until June, so this year's demand for foreign
workers is significantly greater than last year's, perhaps signaling an improving
economy.
THE DREAM ACT AND DEFERRED ACTION
On June 15, 2012, Department of Homeland Security (DHS) Secretary Janet Napolitano issued a memorandum allowing certain young people to apply for deferred action, which is protection from deportation, for a period of two years. To qualify, one must meet the following criteria:
- Must have entered the United States when under the age of sixteen;
- Must have resided continuously in the United States for at least five years preceding June 15, 2012 and been physically present in the United States on June 15, 2012;
- Must currently be in school, obtained a general education development (GED) certificate, or be an honorably discharged veteran of the Coast Guard or Armed Forces of the United States;
- Must not have been convicted of a felony offense, a significant misdemeanor offense, multiple misdemeanor offenses or otherwise pose a threat to national security or public safety; and
- Not be older than thirty years of age.
Note that approval for deferred action does not mean a grant of lawful status, permanent residency or citizenship.
H-1B CAP REACHED
The H-1B annual cap for fiscal year 2013 was reached June 11, 2012, much earlier than in previous years. The good news is that the greater demand for H-1B foreign workers may signal an improving economy; the bad news is that companies needing H-1B workers must wait until April, 2013 to apply and until October 1, 2013 for new H-1B workers to actually begin working.
ARTICLES
VISA PROCESSING IN JAPAN:
CHANGES IN PROCESSING NON-IMMIGRANT VISAS
IN TOKYO, OSAKA AND NAHA
In my first position as an immigration attorney, I was taught that a visa is simply an "invitation" to knock at the door of the country issuing the visa. Anyone entering a country other than the one of which he or she is a citizen requires such an "invitation," or they must be legally exempt from needing a visa. However, visas are not the only type of invitation to enter another country: some persons, including citizens of Japan, may use "ESTA," the Electronic System for Travel Authorization, to enter the United States as visitors - in lieu of a visa. Read more.
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