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H-1B Cap Reached for Fiscal Year 2016

On April 7, 2014, the U.S. Citizenship and Immigration Service (USCIS) announced that the H-1B cap for Fiscal Year 2016 had been reached. As predicted, between April 1 and April 7, 2015 - the initial filing period for H-1B petitions for Fiscal Year 2016 – USCIS received more than the maximum number of H-1B petitions filed by U.S. Employers on behalf of professional foreign workers in a specialty occupation. In the...
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DHS updates guidelines for L-1B specialized knowledge

Over the past decade L-1B specialized knowledge petitions for foreign national employees have slowly become the bane of multinational companies’ existence.   The L-1B non-immigrant visa was introduced in 1970 as a way to facilitate international businesses’ ability to facilitate the management and transfer of foreign national employees from offices abroad and thus more efficiently manage their workforce.  The L-1B program allows multinational companies to temporarily transfer foreign national employees from...
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2731 Hits

The Often Overlooked Q-1 International Cultural Exchange Visa

In the world of temporary employment visas, the Q-1 Visa is often overlooked as a good solution for businesses in need of employees with specific language and cultural backgrounds. The Q-1 visa is an international cultural exchange visa that allows employers to bring in employees or trainees for participation in an approved international cultural exchange program. The purpose of the Q-1 Visa is for foreign national employees to transmit their cultural...
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3139 Hits

Happy H-1B Cap Season!

Happy Cap Season!  That’s right, Happy Cap Season!  For some, these words mean absolutely nothing, but for thousands of employers and potential highly skilled, foreign national workers in the U.S. and around the world, Cap Season is full of hope, fraught with anxiety, and colored by extreme frustration with the current annual limits on H-1B visa numbers. “H-1B cap season” refers to several months leading up to April 1 each year. ...
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3122 Hits

President Obama Discusses H-1B Program with India's Prime Minister Modi

Posted by Zuzana Geremes, Paralegal   President Obama concluded his three-day visit to India on January 27, 2015 where he met, among others, with the Indian Prime Minister Narendra Modi. With regards to US immigration issues, President Obama and Prime Minister Modi touched on the topic of the H-1B visas.  In particular, the Times of India online edition dated January 26, 2015 mentions: “President Barack Obama has assured Prime Minister Narendra Modi...
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3028 Hits

The Black Bar: the Restricted Colorado Driver's License

The Black Bar: the Restricted Colorado Driver's License
Many foreign nationals residing in Colorado have likely noticed the “black bar” across the foreign national’s Colorado driver’s license reading “not valid for federal identification, voting or public benefit purposes” and thought to themselves – “wait, I shouldn’t have a black bar on my license, I never had a black bar before, this is a mistake…” It is not a mistake.  U.S. citizens and lawful permanent residents residing in Colorado continue...
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31983 Hits

Provisions to Promote Research and Development in the United States Announced

As part of the President’s administrative program to expand immigration benefits under current law, two important aspects related to research and development in the United States are included. First, DHS Secretary Johnson directed USCIS to issue guidance or promulgate regulations to clarify the standard for which a National Interest Waiver might be granted. A National Interest Waiver permits certain non-residents to seek lawful permanent residency without an employer sponsor if they...
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2665 Hits

USCIS to Clarify “Same or Similar”

Among the announcements made during President Obama’s administrative immigration reform on November 20, 2014, was the announcement that USCIS is being directed to clarify the term “same or similar” pursuant to AC21. DHS Secretary Jeh Johnson directed USCIS to issue written guidance clarifying what constitutes a “same or similar” job under current law. Secretary Johnson cites a difficulty with qualified immigrants seeking new job opportunities or promotion opportunities due to the...
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2934 Hits

Clarification of the Definition of “Specialized Knowledge” for L-1B Intracompany Transferees

Clarification of the Definition of “Specialized Knowledge” for L-1B Intracompany Transferees
On November 20, 2014, President Obama announced a variety of executive measures that his administration will undertake in order to improve and enhance the current immigration system in the United States and to positively impact the U.S. economy.  One of these measures is to clarify “specialized knowledge” for purposes of the L-1B Intracompany Transferee Program. Under the L-1B Program, a multinational company is permitted to transfer employees possessing “specialized knowledge” in...
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2983 Hits

Visa Modernization under 2014 Executive Immigration Action

Visa Modernization under 2014 Executive Immigration Action
On November 20, 2014, President Obama announced a variety of executive administrative measures that his administration will undertake in order to improve and enhance the current immigration system in the United States.  A number of the President’s initiatives are aimed at U.S. businesses, foreign investors, researchers, inventors and foreign workers. In an effort to grow the U.S. economy and create jobs, the President announced that U.S. Department of Homeland Security (DHS)...
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3793 Hits

Federal Form I-9: A Tightrope for Employers

Under Federal Law, all U.S. Employers are required to complete Form I-9 in order to verify that their employees are authorized for employment in the United States.  Every newly hired employee must complete Section 1 of Form I-9 on the first date of hire, and the Employer must verify the employee’s authorization for employment by physically examining specific documents and complete Section 2 of the I-9 Form within three days of...
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3179 Hits

U.S. State Department Has Begun Accepting Visa Applications for Beneficiaries of Approved H-1B Petitions with October 1, 2014 Start Date

As of July 3, 2014, Beneficiaries of approved H-1B Petitions authorizing an October 1, 2014 start date may apply for their H-1B visas at U.S. Consular Posts abroad.   H-1B Beneficiaries who have not been approved for a “change of status” in the United States and instead are required to apply for an H-1B visa abroad prior to admission into the United States in H-1B status can now begin the visa...
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2814 Hits

Firm Attorneys Attend National Immigration Conference

Each year, the American Immigration Lawyers Association ("AILA") hosts an annual conference showcasing the country's leading experts in their fields of immigration law. All of the attorneys from our firm attended the conference, held this year in Boston. The AILA Annual Conference presents an opportunity for attorneys to develop their skills and hone their education by attending lectures and panels on advanced immigration topics. The AILA Annual Conference not only allows...
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2807 Hits

Obama Administration Proposes Rule Change to Allow Work Authorization for Spouses of Certain H-1B Workers in the United States

  Contributed by Zuzana Geremes, Paralegal On May 6, 2014, the Obama Administration and the Department of Homeland Security (DHS) announced a proposed change to the current regulations regarding employment authorization for certain spouses of foreign nationals working in the United States on H-1B visas. The stated goal of this rule change is to maintain U.S. economic competitiveness and to attract skilled talent that the United States might otherwise be losing...
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2902 Hits

Travel History Now Available Online

This week, Customs and Border Protection (CBP) launched a new webpage where non-immigrant visitors can access not only their most recent Form I-94 Arrival/Departure record, but also their last five years of travel history. Until now, visitors had to file requests under the Freedom of Information Act to access their travel histories. These requests would frequently take months to yield results. Now, more recent entry and exit information is available at...
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2898 Hits

H-1B Cap for Fiscal Year 2015 Has Been Reached

U.S. employers of all sizes use the H-1B visa program to employ foreign workers in professional level occupations that require highly specialized knowledge in their field. Several years ago, the U.S. Congress set a limit or “cap” of 65,000 H-1B visas for each fiscal year (FY). An additional 20,000 H-1B visas are available for foreign workers in a specialty occupation who hold a U.S. Master’s Degree in their field. An H-1B...
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3183 Hits

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Kolko & Casey, P.C. is a full service immigration and naturalization law firm providing professional legal services to individuals and businesses throughout Colorado, the Rocky Mountain West, the United States, and the World. Our professional staff speaks English, Spanish, Korean, and Portuguese and we can arrange for translators in any other language.