Immigration Alert: April 2012


In this issue:

- H-1B Nonimmigrant Application Season Opens for Fiscal Year 2013

- DOS Confirms China/India EB-2 Regression

- Colorado Grand Jury Indicts Long-Term Care Facility Operators on Immigration-Related Charges

- USCIS Proposes Revised Form I-9

- Houston Businesses Fined $2 Million for Hiring Undocumented Workers

- Social Media Affects Immigration Process

- Eighth Circuit Confirms Employer's Refusal to Support Immigration Applications Does Not Constitute National Origin or Citizenship Discrimination

- Putative Class Action Alleges That the Failure to Renew H-1B Visas Violated ERISA

- DOL Issues New H-2B Rules That Take Affect April 23, 2012

- Increased Enforcement Activity Against Fraud in the H-2B Program

- Global Entry Expands to Additional Pre-Clearance Airports

- DOS Will Increase Visa Processing Fees on April 13, 2012

- DOS Issues April 2012 Visa Bulletin

An excerpt from "H-1B Nonimmigrant Season Opens for Fiscal Year 2012"

As most H-1B employers know, there is an annual quota on the number of new H-1B petitions that can be approved each federal fiscal year. The quota is 65,000 for regular H-1B petitions, plus another 20,000 for H-1B petitions filed for foreign nationals ("FNs") who have obtained a master's degree or higher from an accredited American university. The federal government's fiscal year runs from October 1 through September 30, so fiscal year 2013 will begin on October 1, 2012. Employers were eligible to start filing H-1B petitions toward the fiscal year 2013 quota on April 2, 2012, but they cannot secure a start date prior to October 1, 2012.

Please see full alert below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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