Posts Categorized: Business Immigration

H-1B Cap Hit – Applications Subject to Lottery

The “H-1B cap” – or limited number of H-1B visas allowed to be issued – was met on April 5, 2013, 4 days after the earliest filing date became available on April 1, 2013. A lottery will be held for those applications received from April 1 through 5, 2013. Those cases filed after April 5th… Read more »

New I-9 For US Employers

USCIS has finally issued the new I-9 Form, required for US employers to verify whether an employee is authorized to work in the US. The form’s “Revision Date” is “3/8/2013.” All employers must be using this version by May 7, 2013. If US employers are reverifying existing workers or rehiring prior workers they must use… Read more »

Do Unemployment Rates Affect H-1B Visa Applications?

With the recent downturn in the United States unemployment rate, some individuals can take advantage of the H-1B visa, a three-year, non-immigrant visa for professional foreign workers operating in the United States. Do you qualify for this specialized visa? A qualified immigration attorney can let you know for sure. What is the H1B Visa? The… Read more »

I-9 Compliance for Your Colorado Workforce

The federal Immigration Reform and Control Act of 1986 (“IRCA”) states that every employer is required to verify the identity and work authorization status of every employee of the business. This I-9 compliance regulation is critical for all Colorado employers and those across the US. Failure to comply with IRCA’s I-9 rules can result in significant fines, loss of access… Read more »

Visa Options for Investors: EB-5 and E-2 Visas

As the U.S. continues to deal with a struggling economy, entrepreneurs living abroad see opportunity for investment in our country. To enter the US as an entrepreneur, individuals currently have two options:  the EB-5 permanent visa which results in permanent residence or the short-term E-2 visa, which provides legal stay to perform in the business in… Read more »

US Bill Introduced to Create a Green Card Option for All Entrepreneurs

House Judiciary Committee Chairman John Conyers (D-Mich.) and Rep. Jason Chaffetz (R-Utah) on July 26, 2012 introduced the American Investment and Job Creation Act of 2012 (H.R. 6210), which would change immigration laws to permit entrepreneurs a path to permanent residence.  Currently, the only green card program available to entrepreneurs and investors is based on… Read more »

Changes to E2 Investor and E1 Trader Visas in Mexico

As of June 20, 2012, the US Embassy in Mexico City announced two changes to the issuance of American Investor (E-2) and Treaty Trader (E-1) visas. The changes are to improve the efficiency for investors and traders, for the fourth largest US consular entity that issues investor and trader visas. As of July 1, 2012,… Read more »

H-1B Cap Has Been Reached: Other Options?

The H-1B cap was reached on June 11, 2012 for both the regular cap of 65,000 H-1B visas and the 20,000 cap, segregated for those who earned a US Masters Degree or higher. The cap was reached more than 5 months earlier than the previous fiscal year, which indicates the economy is stronger this year…. Read more »

What is Up with Startup Visa 2.0? A Proposed Green Card Option for Investors in the US

Another foreign investor proposal came out of the Senate this past week due to the work across party lines amongst freshman Senators Marco Rubio (R-Fla.), Chris Coons (D-Del.), Jerry Moran (R-Kan.) and Mark Warner (D-Va.). This is one of approximately 8 job creation proposals introduced already in Congress, as consistent economic data indicate how small… Read more »

H-1B Season to Begin in April: What Is It and Are You Ready?

Each year on April 1st, the U.S. Citizenship and Immigration Service begins accepting petitions for H1B work visas for the upcoming fiscal year (Oct 1 2011/Sept 30 2012). A new season is rapidly approaching, and only a limited number of petitions will be accepted. Employers with workers eligible for H1B visas in Colorado need to… Read more »

H-1B Cap Update (Again and Last One for Awhile)

My last post on the H-1B cap hitting in the next 3 weeks was a bit off as the cap was hit instead on November 22,2011 when USCIS notified us that any additional applications filed would be rejected after this date. ( See USCIS Notice). It is not terribly surprising given the Masters Cap was… Read more »

H-1B Cap Update

The H-1B cap on November 14, 2011 was updated by USCIS. The number of H-1B petitions in line is nearing the limited cap – 20,000 for those who have obtained an advanced degree in the US and 65, 000 for all other H-1B professionals. The count as of November 14th is 20,000 for the Masters… Read more »

H-1B Cap Count – Are We There Yet?

The H-1B “Cap Count” refers to the periodic account of cases filed under the professional worker H-1B cap of 65,000 for the fiscal year or 20,000 extra for those who have obtained Masters Degree or higher in the US. Why do we care? We care because once the cap is “hit” there will be no… Read more »

New I-129 Form Brings Export Control Certification for US Employers

USCIS in December issued a new and “improved” version of Form I-129 http://tinyurl.com/http-uscis-gov-forms, which is the form used to apply for temporary foreign workers. The form, however, imposes on US employers and businesses employing those in H-1B, H-1B- Singapore/Chile, L-1A or L-1B, or O-1 an additional certification requirement pertaining to US export control law. Under… Read more »