On April 1, 2009, the U.S. Citizenship and Immigration Services
("USCIS") will begin accepting new H-1B petitions for
employment commencing on October 1, 2009. For most employers, new
H-1B petitions are subject to an annual limit of 65,000 new H-1B
visas. An additional 20,000 visas are available each year to
foreign workers with an advanced degree from a U.S. academic
institution. The annual quota only applies to new H-1B visas, not
to individuals who already hold H-1B status. Foreign nationals who
work at universities and non-profit research organization are also
excluded from the numerical cap.
Last year, the H-1B cap was reached immediately and we
anticipate that, despite the economic downturn, USCIS will once
again reach the cap when the new filing period opens on April 1. If
USCIS receives more petitions than there are available numbers, it
will hold a lottery to determine which cases may proceed to be
adjudicated. Employers should evaluate their H-1B visa needs now so
that any petitions will be ready for filing on April 1.
An additional consideration is that the new stimulus package,
the American Recovery and Reinvestment Act of 2009, makes it more
difficult for companies receiving funds from the Troubled Asset
Relief Program (TARP) to hire foreign workers under the H-1B visa
program. Such companies must now comply with specific recruitment
provisions, which in the past were only imposed upon H-1B dependent
Finally, in evaluating their needs, employers should consider
filing an initial H-1B for current employees or potential new
candidates working on another type of work visa, such as students
(F-1/OPT), exchange visitors (J-1), intra-company transferees
(L-1), NAFTA professionals (TN), Australian Free-trade
professionals (E-3), or Treaty Investor/Traders (E-1/E-2).
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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Foley Hoag will present a 60-minute webinar on Wednesday, January 25, 2017 at 12:30 pm EST offering guidance to in-house counsel on best practices for pharmaceutical and biologics companies in selecting, vetting, and seeking approval for medication product names. The focus will be primarily on the U.S. market, although foreign strategies may be addressed as well.
25 Jan 2017, Seminar, Massachusetts, United States
Please join us on Wednesday, January 25 at the Westin Waltham Hotel for our quarterly New England M&A Forum, which brings the latest in market trends and recent legal developments to the New England M&A professionals' community.
Sellers love them, buyers hate them, but auctions are a mainstay of the M&A landscape. Our panel of experts, led by Foley Hoag partner Bill Kolb, will discuss legal, business and strategic considerations in structuring and participating in auctions from both the buy-side and the sell-side.
January 4, 2017 - Federal immigration authorities conducted the 1st round of invitations under Express Entry in 2017 and 51st overall, inviting 2902 candidates for permanent residence, a record number. The lowest CRS score was 468, a further decline from previous draws.
A new sponsorship form for those wishing to bring parents and grandparents to Canada is now available. Canadian citizens and permanent residents have until February 2, 2017 to submit an online, short form application after which 10,000 candidates will be drawn at random and invited to complete a full application.
From foreign travellers to dual citizens and even Canada's own border agents: It seems everyone could do with clear guidance on exactly who requires an electronic travel authorization (eTA). The holiday period saw frequent cases of people not being able to travel because they sought admission without an eTA.
January 11, 2017 - Federal immigration authorities conducted the 2nd round of invitations under Express Entry in 2017 and 52nd overall, inviting 3334 candidates for permanent residence, the largest to-date. The lowest CRS score was 459, a further decline from previous draws.
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