November 2004

L-1 Visas Revamped By New Legislation

Congress passed changes to L-1 Visa Program, which will be effective 180 days after the Bill that created the revisions is signed into law. Subcontracting of L-1 visa holders to third party employers will be prohibited. L-1 visa holders will not be allowed to work outside of the petitioning employer's worksite, with limited exceptions. The L-1 blanket has been modified to reinstate the one year requirement, instead of the reduced six-month period for the L-1 blanket. These changes apply to new L-1 petitions.

Congress Passes Changes to H-1B Visas

There are new H-1B exemptions from the H-1B cap for up to 20,000 foreign nationals with Masters and higher degrees from US graduate schools, effective beginnning the 2005 Fiscal Year. There will also be an additional cost to file H-1B petitions. Besides the basic filing fee and the (optional) premium processing fee, Congress has permanently reinstated the worker retraining fee of $1500 per H-1B petition. The retraining fee was previously $1000. However, for employers with less than 25 full-time employees, the retraining fee will only be $750 per H-1B petition. A fraud prevention and detection fee of $500 fee has also been imposed for initial H-1B, L-1 petitions, and change of status petitions. There have also been changes to the prevailing wage regulations. Instead of only having to pay 95% of the prevailing wage, employers must now pay 100% of the prevailing wage, and four wage levels instead of two will be shown on Government surveys.

Attorney Leyla Galmarini McMullen on Cable Channel 18

On November 19, 2004 at 3:00 PM Central time Immigration Attorney Leyla Galmarini McMullen of the Mdivani Law Firm will discuss immigration issues on Cable Channel 18 Time Warner. This is a live event, and you can call the show with your questions about immigration law and policy. For more information about the program, call Leyla at 913.317.6200.

TPS Extended 18 Months for Hondurans and Nicaraguans

The Department of Homeland Security extended Temporary Protected Status (TPS) another 18 months for nationals of Honduras and Nicaragua. This extension is effective from January 5, 2005 until July 5, 2006. Nicaraguan and Honduran nationals who are eligible for the TPS extension must apply in the 60-day period between November 1, 2004 and January 1, 2005. DHS also states that although TPS has not been extended for El Salvador, it "is favorably disposed to considering an extension for El Salvador if the country conditions there warrant." TPS for El Salvador expires March 2005. If you are Honduran or Nicaraguan and you believe this extension applies to you, we would be happy to assist you with your questions. Please call our office at 913.317.6200.