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 SKIL Bill
The U.S. Senate and House of Representatives will introduce Comprehensive Immigration Reform legislation in 2 - 3 weeks. The Securing Knowledge, Innovation and Leadership (SKIL) Bill is embedded in the legislation and it will contain initial increase of H-1B visas to 115,000 with an automatic increase of the cap by 20% each year the cap is reached. The bill also contains cap exemption for anyone who has "advanced degree in science, technology, engineering or math" from a foreign university.
The SKIL Bill also provides exemption from green card numerical limits for workers with advanced degrees from accredited U.S. universities and allows employers to file expedited processing of green cards.
H-1B ALERT
Due to high demand for H-1B workers, the current quota of 65,000 visas for Fiscal Year 2008 is likely to be exhausted in the first two weeks of April. Send cases immediately to allow sufficient time to prepare the petitions and have them ready for filing in the first week of April.
Immigration and Customs Enforcement (ICE) is ramping up worksite raids. USCIS is trying to show it is tough on enforcement as the CIR legislation is debated in Congress.
I-129 and I- 539
USCIS has announced Direct Filing Instructions for I-129 (Petition for Nonimmigrant worker) and I-539 (Application to Change/Extend Nonimmigrant status). Effective April 2, 2007, all Forms I-129 and I-539 must be filed directly with the California Service Center or the Vermont Service Center, whichever is applicable. This change applies to H-1 B filings.
Read news article USCIS announces direct filing instructions for Forms I-129 and I-539
LCA
H-1B employers need to pay close attention to LCA compliance and make sure employees are not transferred to unauthorized worksites. A new LCA and Amendment H-1B petition are generally required when there are changes in the worker's (i) employment location and/or (ii) duties or occupation.
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