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Bill Proposing Additional 55,000 visas annually for STEM Graduates Introduced
On May 15, 2012, Republican Senator John Cornyn introduced a bill “ Securing the Talent America Requires for the 21st Century ” or “ STAR Act ”, that proposes amendments to the Immigration and Nationality Act to provide certain immigration benefits for aliens with advanced degrees in science, technology, engineering, or mathematics (STEM). Some of the key proposals introduced by the Bill include: Allocating 55,000 immigrant visas for eligible STEM graduates (Master’s and Ph.D.) of...
read moreThe ‘Intern Visas’: Options for Employing Foreign Students and Recent Graduates
Linda, an HR Manager at a California based technology company, has been recently asked by her company to recruit technology and business students, and recent graduates for internship positions. While conducting recruitment, she came across many qualified foreign national students and recent graduates who appeared eligible to be engaged as interns. Linda, however, was not sure whether they could be hired. There were many doubts that she and her company had. Some of her doubts included: Can...
read more2012 H-2B Final Rule: DOL issues new Guidance in Federal Register
The Department of Labor (DOL) has issued a new guidance in the Federal Register, providing notice of the judicial order enjoining it from implementing and enforcing the 2012 H–2B Final Rule. As our readers would be aware, the 2012 H-2B Final Rule was to become operative on April 27, 2012. DOL had issued Guidance on April 23, 2012, providing that applications filed under the 2008 H-2B Rule must be sent to the OFLC’s Chicago National Processing Center and postmarked no later than midnight...
read moreAAO issues Binding Precedent Decision on P-3 Visa Petition
The USCIS Administrative Appeals Office (AAO) has issued a binding precedent decision addressing the term “ culturally unique ” and its significance in the adjudication of petitions for performing artists and entertainers under the P-3 visa classification. Precedent decisions are administrative decisions that are legally binding on DHS components responsible for enforcing immigration laws in all proceedings involving the same issue. The case involved a P-3 nonimmigrant petition filed on...
read moreH2B Cap Count Update
USCIS has updated the count of H2B visa petitions received and counted towards the H2B cap for the 2nd half of fiscal year 2012 employment. As of May 11, 2012, USCIS has approved filings on behalf of approximately 23,024 H2B beneficiaries for the 2nd half of FY 2012. FY 2012 H2B Cap Count Cap Type Cap Amount Benefi- ciaries Approved Benefi- ciaries Pending Target Benefi- ciaries Total Date of Last Count H2B First...
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