Certification Required Starting December 22, 2010 Regarding Export Control Regulations

Just in time for the holidays,  the USCIS published the new I-129 form yesterday, November 23, 2010. Increased filing fees of about 10% are effective today, November 24, 2010. The government has given employers a grace period until December 22, 2010 to start using the new form. Unless employers have already vetted compliance with Export Control Regulations, employers should take the next few weeks to establish internal systems and confirm compliance with the deemed export rules under Export Control Regulations before using the new form.

Each year as the holiday season approaches we provide our travel advisory to assist you and your foreign national employees prepare for their successful re-entries to the United States after vacations abroad. Please note that we continue to see increased scrutiny from the State Department and the Department of Homeland Security on all applications. Additionally, many visa applicants are experiencing delays in visa issuance overseas due to heightened security clearances. We encourage your continued careful planning and advance notification to immigration counsel so that any potential causes for delay may be vetted and advised prior to departure.

The Department of State has released the December Visa Bulletin. Mexico made significant movement (1 year, 2 months) in the EB-3 category.  The State Department foresees in the next few months that EB-1 numbers will remain current; that there will be slow movement in the employment-based categories in the coming months; and that rapid movement in the family-based categories will continue.

Permanent Visas remain current for EB-1.

For EB-2:

All others - still current
China –advanced only one week, to June 8, 2006
India –Remains at May 8, 2006
Mexico, The Philippines and The Dominican Republic all still current

For EB-3:
                              
All others –advanced 1 month to February 22, 2005
China –advanced 2 weeks to December 8, 2003
India – NO CHANGE, still log jammed at January 22, 2002
Mexico –jumped 1 year and 2 months to July 1, 2002
Philippines –advanced 1 month to February 22, 2005
Dominican Republic – remains at February 22, 2005

On November 10, 2010, the USCIS reported that, as of November 5, 2010, approximately 46,800 H-1B cap-subject petitions were receipted against of the 65,000 quota).  Additionally, USCIS has receipted 17,200 H-1B petitions for aliens with advanced degrees (against the 20,000 set aside).

Last year, fiscal year H-1B visas ran out on December 20, just before the holidays.  We may expect an earlier run on FY H-1B visas this year.   Employers should try to file their H-1Bs by early December.