LARRABEE | MEHLMAN | ALBI | COKER LLP: U.S. Immigration Law

News Updates

New Law Requires Certain Employers to Pay Additional Filing Fees for H-1B and L Petitions (September 2, 2010)

H-1B Cap Update: As of August 20, 2010, approximately 33,900 H-1B cap-subject petitions were filed. Additionally, USCIS has received 12,600 H-1B petitions for individuals with advanced degrees. (August 25, 2010)

September 2010 Visa Bulletin shows advancement in most employment-based categories

H-1B Cap Update: As of July 9, 2010, approximately 24,800 H-1B cap-subject petitions were filed. Additionally, USCIS has received 10,600 H-1B petitions for individuals with advanced degrees. (July 15, 2010)

August 2010 Visa Bulletin shows significant advancement in most employment-based categories

U.S. Passport Fees to Increase July 13, 2010 (July 12, 2010)

H-1B Cap Update: As of June 11, 2010, approximately 22,200 H-1B cap-subject petitions were filed. Additionally, USCIS has received 9,400 H-1B petitions for individuals with advanced degrees. (June 16, 2010)

New rules in effect as of June 1, 2010 for the renounciation of Indian citizenship and surrender of Indian passport upon acquisition of foreign citizenship. (June 15, 2010)

USCIS Proposes Fee Increase. (June 9, 2010)

July 2010 Visa Bulletin shows advancement in the EB-2 category for India and in the EB-3 category for all countries except Mexico.

Q&A Guide to Arizona's New Immigration Law. This guide provides key answers to basic questions about Arizona's law - from the substance of the law and myths surrounding it to the legal and fiscal implications. (June 3, 2010)

Fee Increases for Consular Services to Take Effect June 4, 2010. (May 21, 2010)

USCIS To Issue Redesigned Permanent Resident Cards ("Green Cards"). (May 13, 2010)

June 2010 Visa Bulletin. Shows limited movement in some categories and oversubscription of the Dominican Republic chargeability under EB-3. (May 12, 2010)

H-1B Cap Update: As of May 11, 2010, approximately 18,000 H-1B cap-subject petitions were filed. Additionally, USCIS has received 7,600 H-1B petitions for individuals with advanced degrees. (May 11, 2010)

LMAC is proud to announce our nomination for the Services category of the Athena San Diego Pinnacle Awards. These awards are presented annually to individuals and an organization/company that, through the development and promotion of skilled and talented women, have had a significant impact within the San Diego technology, biosciences, healthcare, defense, energy, clean-tech and services sectors. (May 5, 2010)

H-1B Cap Update: As of April 22, 2010, USCIS received approximately 16,025 H-1B cap-subject petitions and receipted 6,739 H-1B petitions for individuals with advanced degrees. (April 30, 2010)

USCIS continues to accept petitions subject to the Fiscal Year 2011 H-1B cap. USCIS will monitor the number of petitions received for both the 65,000 general cap and the 20,000 U.S. master’s degree or higher educational exemption. USCIS has received approximately 13,500 H-1B petitions toward the 65,000 cap and approximately 5,600 petitions for individuals with advanced degrees. (April 13, 2010)

May 2010 Visa Bulletin. The EB-3 and EB-3 Other Worker categories for Mexico have become “unavailable.” Visa numbers will become available once again in October with the start of the new fiscal year. EB-2 India remains unchanged. There is limited advancement in all other EB-2 and EB-3 categories. (April 13, 2010)

The April 2010 Visa Bulletin shows advancement in some Employment-Based preference categories. (March 16, 2010)

The March 2010 Visa Bulletin shows limited advancement in most Employment-Based Second (EB-2) and Third (EB-3) Preference categories. (February 10, 2010)

The Febuary 2010 Visa Bulletin shows limited advancement in most Employment-Based Second (EB-2) and Third (EB-3) Preference categories, however EB-2 and EB-3 for India remain unchanged. (January 14, 2010)

USCIS has received sufficient petitions to reach the statutory H-1B cap for FY2010. USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. USCIS will reject cap-subject petitions for new H-1B specialty occupation workers seeking an employment start date in FY2010 that are received after December 21, 2009 USCIS will apply a computer-generated random selection process to all petitions that are subject to the cap and were received on December 21, 2009. (December 21, 2009)

The January 2010 Visa Bulletin shows limited advancement in most Employment-Based Second (EB-2) and Third (EB-3) Preference categories, however EB-2 for India remains unchanged. (December 14, 2009)

The December 2009 Visa Bulletin shows most categories remain unchanged with very limited advancement in the Employment-Based Third Preference Category (EB-3) for India. (November 16, 2009)

As of October 25, 2009, approximately 53,800 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. Any H-1B petitions filed on behalf of a foreign worker with an advanced degree will now count toward the general H-1B cap of 65,000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. (November 5, 2009)

The November 2009 Visa Bulletin shows limited advancement in the Employment-Based Second Preference Category (EB-2) for China while India remains unchanged. There continues to be availability in the EB-3 category with limited advancement in some categories (October 14, 2009)

Registration Period for the 2011 Diversity Visa Lottery to Begin October 2, 2009 (October 1, 2009)

USCIS posts FAQs on Employment-Based Immigrant Visa Availability (September 25, 2009)

The October 2009 Visa Bulletin shows the availability of visa numbers for the start of FY-2010. The Employment-Based Second Preference Category (EB-2) for India and China shows limited advancement. There is once again availability in the EB-3 category (September 10, 2009)

Expiration Date of Employment Eligibility Verification Form I-9 Extended to August 31, 2012 (August 28, 2009)

The September 2009 Visa Bulletin shows significant advancement in the Employment-Based Second Preference Category (EB-2) for India and China (August 11, 2009)

I-9 Audits on the Rise - is your company in compliance? (July 29, 2009)

The August 2009 Visa Bulletin shows advancement in the Employment-Based Second Preference Category (EB-2) for India and China (July 14, 2009)

E-Verify Funding Extended (June 29, 2009)

Social Security “No-Match” Regulation Stalled Again (June 29, 2009)

USCIS Delays Expiration of Form I-9 with 2/2/09 Revision Date (June 26, 2009)

USCIS Announces Resumption of Premium Processing Service for Form I-140 (June 22, 2009)

New iCERT Visa Portal System Being Implemented by U.S. Department of Labor for Labor Condition Applications for H-1B, H-1B1 and E-3 Petitions (June 18, 2009)

The July 2009 Visa Bulletin shows retrogression in the Employment-Based Second Preference Category (EB-2) for China (June 11, 2009)

Grim Predications for Employment-Based Visa Number Availability (June 10, 2009)

Rule requiring federal contractors to use the E-Verify system is delayed until Sept 8, 2009 (June 4, 2009)

USCIS announces Permanent Resident Card processing delays (May 29, 2009)

USCIS continues to accept H-1B petitions for Fiscal Year 2010 (May 18, 2009)

The June 2009 Visa Bulletin shows retrogression in the Employment-Based Second Preference Category (EB-2) for India (May 11, 2009)

U.S. Consulates in Mexico to close certain operations due to Flu outbreak (April 29, 2009)

As of April 27, 2009, USCIS continues to accept H-1B petitions for Fiscal Year 2010 (April 27, 2009)

New E-Verify Laws in Illinois and Nebraska (April 22, 2009)

As of April 21, 2009, USCIS continues to accept H-1B petitions for Fiscal Year 2010 (April 21, 2009)

E-Verify for Federal Contractors postponed until June 30, 2009 (April 16, 2009)

The May 2009 Visa Bulletin shows the Employment-Based Third Preference Category (EB-3) as Unavailable (April 15, 2009)

USCIS Reminds all U.S. Employers of Requirements to Use Revised Form I-9, Employment Eligibility Verification as of April 3, 2009 (April 3, 2009)

TSA Begins Vetting Passengers Under the Secure Flight Program (March 31, 2009)

The Next Phase of the Western Hemisphere Travel Initiative (WHTI) to go into Effect June 1 (March 17, 2009)

On June 1, 2009, travelers entering the U.S. at land and sea ports will be required to present an approved travel document to enter the United States. More...

Visa Bulletin for April 2009 (March 11, 2009)

The April 2009 Visa Bulletin advancement in the Employment-based Third Preference Category (EB-3) for China and India and retrogression for Mexico, Philippines and all other areas.

CNN Money Article: 2009 H-1B Applications Expected to be at their Lowest Levels in Years.

USCIS Provides Clarification on the Changes to I-140 Premium Processing Service for H-1B Nonimmigrants (March 2, 2009)

USCIS to Expand Premium Processing Service for Certain Form I-140 Petitions on March 2, 2009 (February 24, 2009)

Visa Bulletin for March 2009 (February 10, 2009)

USCIS Delays the Implementation of the New I-9 Form and Regulation until April 3, 2009 (January 30, 2009)

E-Verify for Federal Contractors postponed until May 21, 2009 (January 27, 2009)

LMAC News (January 26, 2009)

The firm of Larrabee | Mehlman | Albi | Coker LLP proudly announces the promotion of the following members of the firm: Kristi Cavanaugh, Sr. File and Records Specialist; Anna Ho, Sr. Accounting Assistant; Elizabeth Honerkamp, Sr. Paralegal; Shannon Napier, Sr. Paralegal; Matthew Sparks, Sr. Paralegal. We extend our heartfelt congratulations to these individuals and thank them for their dedication and hard work.

Fiscal Year 2010 H-1B Quota (January 26, 2009)

As in the past, there will be a limited number of new H-1B visas available for federal fiscal year 2010, which begins on October 1, 2009. More...

Visa Bulletin for February 2009 (January 13, 2009)

USCIS Revises the I-9 Employment Eligibility Verification Form (December 19, 2008)

Effective February 2, 2009, the revised I-9 form will be required for all new hires. The new form does not need to be completed for current employees. However, it must be completed to re-verify any employee with expiring work authorization; an employer may not reverify the employee by completing Section 3 of the old I-9 Form. The most significant change is that expired documents will no longer be accepted for I-9 purposes. Click here to view the informational copy of the revised I-9 form.

Visa Bulletin for January 2009 (December 11, 2008)

Visa Waiver Program Expanded (November 17, 2008)

The Visa Waiver Program (VWP) will now include South Korea and six Eastern European countries — Hungary, the Czech Republic, Estonia, Latvia, Lithuania and the Slovak Republic. Under the VWP, citizens or nationals of the new member countries may now travel to the U.S. for business or pleasure without a visa for up to 90 days provided that certain requirements are met. Click here for more information about the VWP expansion.

E-Verify Mandatory for Federal Contractors and Subcontractors (November 13, 2008)

Starting January 15, 2009, federal contractors and subcontractors will be required to use the U.S. Citizenship and Immigration Services’ E-Verify system to verify their employees’ eligibility to legally work in the United States. For FAQ's, see here.

USCIS Provides Processing Times for Local Offices (November 10, 2008)

Click here for USCIS fact sheet providing FY 2008 year-end naturalization processing times.

USCIS Provides Fact Sheet on Military Naturalization (November 10, 2008)

Service members and certain veterans of the United States armed forces may apply for citizenship through a special expedited process. Qualifying military service is generally in one of the following branches: Army, Navy, Air Force, Marine Corps, Coast Guard, and certain components of the National Guard and the Selected Reserve of the Ready Reserve. Click here for fact sheet.

Visa Bulletin for December 2008 (November 10, 2008)

The December 2008 Visa Bulletin shows no change from November for most of the employment categories.

LMAC News (November 1, 2008)

The firm of Larrabee | Mehlman | Albi | Coker LLP is pleased to announced that its partners, Sharon Mehlman, Fausta Albi and Diana Vellos Coker, have been selected to be included in The Best Lawyers in America in the specialty of immigration law.

Changes in Visa Processing for Non-Mexicans Seeking to Apply for a Visa at a U.S. Consular Post in Mexico (October 31, 2008)

TN Duration Increases to Three Years (October 16, 2008)

USCIS has published a new rule that increases the maximum allowable period of admission for TN nonimmigrants from one year to three years, and allows otherwise eligible TN nonimmigrants to be granted an extension of stay in increments of up to three years instead of the current maximum of one year. In addition, this rule grants the same periods of admission or extension to TD nonimmigrants, the spouses and unmarried minor children of TN nonimmigrants to run concurrent. More...

Visa Bulletin for November 2008 (October 13, 2008)

The November 2008 Visa Bulletin shows forward movement of the cut-off dates for most employment categories.

Department of Homeland Security announces a streamlined visa issuance process for HIV-Positive Individuals (October 6, 2008)

On October 6, 2008, the Department of Homeland Security (DHS) published a Final Rule that amends the Code of Federal Regulations and aims to streamline the B-1/B-2 visa issuance process for individuals who are HIV-positive and wish to travel to the U.S. as visitors for business or pleasure for up to 30 days. More...

Greencard Lottery Dates Announced (September 25, 2008)

The 2010 Diversity Visa (DV) Lottery online entry begins at Noon EDT on October 2, 2008, and ends at Noon EST on December 1, 2008.

Visa Waiver Program’s Electronic System for Travel Authorization (ESTA) Goes Live (August 1, 2008)

As of August 1, 2008, U.S. Customs & Border Protection (CBP) has been accepting voluntary ESTA applications. ESTA approval will become mandatory for VWP travelers 60 days after publication of a notice in the Federal Register. It is anticipated that the Secretary of Homeland Security will issue that notice in November 2008 for implementation of the mandatory ESTA requirements on January 12, 2009. More...

USCIS Changes Vaccination Requirements for I-485 Adjustment of Status Applications (July 24, 2008)

USCIS Resumes Premium Processing for Certain I-140 Petitions (June 16, 2008)

Employment Authorization Documents - Validity Period Extended to Two Years in Some Cases, Effective June 30, 2008 (June 13, 2008)

USCIS Publishes New Regulation Extending Post-Graduation Optional Practical Training (OPT) Authorization for Certain F-1 Students (April 8, 2008)

USCIS Runs Random Selection Process for H-1B Petitions (April 14, 2008)

U.S. Citizenship & Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. More...

USCIS Reaches FY2009 H-1B Cap (April 8, 2008)

U.S. Citizenship & Immigration Services (USCIS) announced today, April 8, 2008, that it has received more than enough H-1B petitions to meet both the Bachelor’s cap and the "Advanced Degree" (Master's or PhD from a U.S. university) cap for fiscal year 2009. More...

Interim Regulation Issued on Cap-Subject H-1B Procedures (March 24, 2008)

U.S. Citizenship and Immigration Services (USCIS) published the anticipated regulation regarding changes to the quota-subject H-1B process and procedures. More...

A Change in H-1B Procedures Anticipated Imminently (March 17, 2008)

It is anticipated that a regulation regarding separate filings for the same employee will be published prior to April 1, 2008. More...

Fiscal Year 2009 H-1B Quota (March 3, 2008)

As in the past, there will be a limited number of new H-1B visas available for federal fiscal year 2009, which begins on October 1, 2008. More...

Changes Regarding Documentary Requirements for Entry to the United States via Land Borders and Seaports for U.S. Citizens and Lawful Permanent Residents Effective Today (January 31, 2008)

Newly-Amended I-9 “Employment Eligibility Verification” Form Required Effective 12/26/07 (November 27, 2007)

Original I-485 Receipt No Longer Required for Re-Entry into U.S. (November 1, 2007)

USCIS publishes an amendment to the regulations removing the requirement that adjustment applicants in H or L status present the original I-485 receipt notice in order to re-enter the U.S. without an advance parole document.