http://www.mintz.com/newsletter/2013/Advisories/2978-0513-NAT-IMM/index.html

Mintz Levin will continue to monitor developments with the new Automated I-94 Program.

The U.S. and Israeli governments should collaborate immediately to ensure that all conditions are met to facilitate the issuance of E-2 visas to Israelis. A one-year delay is simply unacceptable. Making E-2 visas available to Israelis will encourage cross-border transactions, grant Israeli companies more access to U.S. markets, and enhance scientific, technology and broader business ties between the two countries. On the U.S. side, an infusion of investments by Israeli companies into the U.S. economy will induce direct and indirect jobs. Israeli companies will benefit from being able to access markets in North and South America. For both countries, an investor visa is a win-win deal.

The U.S. Embassy in Tel Aviv has had a static message about the delay on the post’s website since last summer: http://israel.usembassy.gov/consular/niv/nonimmigrant.html.

It’s time for an update to the public. The U.S. and Israeli governments should explain the reasons for what appears to be a one-year delay, and offer a timeline for implementing this favorable and beneficial program.

http://www.mintz.com/newsletter/2013/Advisories/2982-0513-NAT-IMM/index.html

Please contact an attorney with Mintz Levin’s Immigration Department if you have questions about this form.

Visa applicants in Tel Aviv who have advanced degrees in science, technology, engineering and related fields such as math and statistics should expect additional processing delays prior to receiving a visa. The Embassy has published guidance on materials that applicants should bring to interviews at http://israel.usembassy.gov/consular/niv/nonimmigrant/information-for-applicants-with-a-technical-or-scientific-background.html. Applicants should come to the Embassy with a Word document that contains the following:

• Applicant: Name and passport number
• Work Experience: Detailed description of current and past work;
• Specialized Skills: Possible examples include languages, computer training, research expertise, military service, work in defense industry, or other specialized training;
• Educational/Research Background: Name of institution(s), dates of attendance, field(s) of study, degree(s) obtained, and research topics;
• Publication List (as applicable): Titles, topics, dates of publication, and brief abstracts or summaries;
• Travel: Countries and years visited in the past 10 years;
• Trip itinerary: Date(s), location, and purpose of the visit and any relevant addresses, websites, and contact information (as applicable) of companies, conferences, and/or institutions.

In our experience, the best way to secure faster processing of a visa is to appear at an interview with as much advance preparation as possible. Visa applicants in Israel who may face additional administrative processing should closely review the web site of the Embassy before attending an interview to be as prepared as possible. The web site of the Nonimmigrant Visa Section in Tel Aviv is at http://israel.usembassy.gov/consular/niv/nonimmigrant.html.

http://www.bostonglobe.com/opinion/2013/04/20/both-sides-should-back-immigration-reform/6hmLQYucRht9vQnPNrXsbN/story.html

On April 7, 2013, U.S. Citizenship and Immigration Services (USCIS) conducted the lottery process for fiscal year 2014 cap-subject H-1B petitions. The computer-generated random selection process included approximately 124,000 cap-subject petitions received April 1, 2013 through April 5, 2013.

USCIS conducted the random selection process for advanced degree petitions first. When the 20,000 limit for these petitions was reached, the remaining advanced degree petitions were added back into the general pool subject to the 65,000 limit. USCIS then randomly selected petitions until the 65,000 limit was met. For cap-subject petitions not randomly selected, USCIS will reject the filing and return the petition with the filing fees.

USCIS has adjusted its premium processing practice to allow for data entry of cap-subject petitions. USCIS will begin reviewing selected premium processing H-1B petitions on April 15, 2013.

Stay tuned for further updates from our office regarding the H-1B visa cap and related issues.

On April 5, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that it had received more than enough H-1B petitions to meet the numerical limit for fiscal year 2014 cap-subject H-1B visas, which includes both the 65,000 general H-1B cap petitions as well as the 20,000 “U.S. Masters” H-1B petitions filed on behalf of individuals with U.S. advanced degrees. No more cap-subject H-1B petitions will be accepted by USCIS.

USCIS indicates it will now begin executing the computer-generated random selection process for all cap-subject petitions received. First, USCIS will determine which U.S. Masters cases will be randomly selected toward the 20,000 limit. Once that is determined, the remainder of the U.S. Masters cases will be added to the pool of general H-1B cap petitions, and USCIS will execute the second random selection process to determine which cases are accepted toward the more general 65,000 limit. Only those cases which win the lottery will receive a receipt from USCIS. All other cases will be returned.

USCIS expects it may take two weeks for the selection process to be completed. When the selection process is completed it will enter the “accepted” petitions into its system and generate the receipt notices for the “accepted” petitions.

USCIS has also temporarily adjusted its current premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, and in accordance with 8 CFR 103.7(e)(3)(ii), USCIS has announced that premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013.

Despite the quota being filled, USCIS will continue to accept and process H-1B petitions exempted from the H-1B cap, DOD cooperative research worker petitions, and Chile/Singapore H-1B1 petitions. Petitions will also be accepted for H-1B petitions which seek to:

Stay tuned for further updates regarding the H-1B visa quota and guidance on alternative visa options when H-1B visas are not available.

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On March 27, 2013 the Department of Homeland Security (“DHS”) published an interim rule in the Federal Register that changes the definition of Form I-94 (also known as an “I-94 card”) in order to allow an I-94 to be issued in electronic format, as well as in its current paper version. The purpose of the new rule is to streamline the I-94-issuing process and make it more efficient and user-friendly. DHS is seeking comments on the interim rule and will accept comments until April 26, 2013.

Currently, foreign nationals arriving in the U.S. complete a paper Form I-94 which is stamped by a Customs and Border Protection (“CBP”) officer at the U.S. port-of-entry. The stamp contains the date of admission, the class (visa type) of admission, and the date until which the foreign national is permitted to remain in the U.S. The departure portion of the Form I-94 is retained by the foreign national to be shown to government officials if necessary, and potentially to employers as part of the I-9 process.

This new rule will impact travelers who arrive in the U.S. by air or sea. Because CBP collects information on travelers arriving by air and by sea through the Advance Passenger Information System (“APIS”), CBP already receives and collects most of the information contained on the Form I-94 electronically and before an individual arrives in the U.S. The remaining pieces of information are collected either by the Department of State (“DOS”), or from the passenger upon his or her arrival in the U.S. All of this information will now be collected electronically. This new rule has not yet been extended to individuals who arrive in the U.S. through a land port-of-entry and who receive paper Forms I-94 (e.g., Canadians and Mexicans who enter the United States at a land border crossing and seek admission in a work visa classification such as H-1B or TN) when entering the U.S.

When the rule becomes final, foreign nationals arriving by air or by sea will no longer complete a paper Form I-94 prior to arrival and will not present the Form I-94 in paper form to a CBP inspector at a U.S. port-of-entry. Instead, upon the person’s arrival, the CBP officer who inspects the individual will upload the I-94 information into an electronic database, including all the information that the officer would have written on the paper I-94 card, such as the date of admission, the class (visa type) of admission, and the date until which the individual is permitted to remain in the U.S. The CBP officer also will continue to stamp the traveler’s passport at the time of inspection, admission and parole and will annotate the stamp with the class of admission or parole and duration of admission or parole.

Foreign nationals will be able to access and print their electronic Form I-94 via a website that CBP has established for this purpose: www.cbp.gov/I94. Travelers to whom an electronic Form I-94 has been issued will be able to log on to the website using identifying information and print a copy of the electronic Form I-94. To do so, the traveler must insert information from his or her passport. Therefore a third party without access to this personal passport information will not be able to access the Form I-94 from the website. The printout from the website will be the functional equivalent of the paper Form I-94. For example, if a foreign national wishes to be employed and plans to present to an employer his or her passport and Form I-94 as a List A document for I-9 purposes, going forward the individual will print the Form I-94 from the CBP website and present it to his or her employer along with his or her passport.

The new rule is expected to become effective on April 26, 2013, although there is a slight chance the effective date may be postponed by an additional 30 days, subject to comments DHS receives from the public. Mintz Levin will continue to provide updates on developments relating to this new rule and its impact on our clients.

The cap (the numerical limitation on H-1B petitions) for FY 2014 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.

At this time, USCIS anticipates that it may receive more petitions than the H-1B cap between April 1, 2013 and April 5, 2013. If USCIS receives more petitions than it can accept, USCIS will use a lottery system to randomly select the number of petitions required to reach the numerical limit. USCIS will reject petitions that are subject to the cap and are not selected, as well as petitions received after it has the necessary number of petitions needed to meet the cap. The lottery for the H-1B cap was last used in April 2008.

In light of the volume of petitions that will be filed in the first few days of April, USCIS has temporarily adjusted its current premium processing practice. Petitioners may still request premium processing for cases filed on April 1st. However, the 15-day adjudication period will not begin until April 15, 2013, when data has been entered for all cases received in the first few days of April.