August 2004

H-1B CAP LIKELY TO BE REACHED EARLY THIS FALL; STUDY FINDS CHILDREN OF H-1B PARENTS ARE AMERICA'S MATH & SCIENCE STARS

The USCIS announced on August 4, 2004, that it has received 40,000 H-1B visa petitions toward the FY 2005 cap. This year, with only about 18,000 H-1B visas left, the cap may be reached before FY 2005 starts on October 1. This is bad news for the U.S. economy for at least three reason: 1. US employers will suffer because they will be unable to bring talented hi-tech workers from abroad; 2. This will cause even more reverse brain drain and outsourcing of U.S. jobs to places like China and India; and 3. By closing the door on high-tech workers (and their talented children, see "more...") from abroad, we are potentially hurting our technological future.

Expedited Removal Between Ports of Entry and New 30 Day Limit for Mexican Border Crossing Card

DHS issued a press release on August 10, 2004, which states that expedited removal will be used at land borders between ports of entry "to speed the removal of illegal aliens." The DHS press release also announces the extension of the time limit Mexican Border Crossing Card visitors can stay in certain areas of the US Border without obtaining Form I-94 Record of Entry/Departure. The extension is from 72 hours to 30 days.

Somalian TPS Extended for 12 Months

On August 6, 2004, the Department of Homeland Security extended the Temporary Protected Status designation for Somalian nationals until September 17, 2005. For those who currently have TPS, they must re-register between August 6, 2004 and October 5, 2004.

Employment Authorization Documents Now Available for Longer Than One Year

The United States Citizenship and Immigration Services (USCIS) is now issuing Employment Authorization Documents (EADs) for periods exceeding one year. Previously, our clients were able to obtain EADs for one-year periods only. As of July 30, 2004, it will be possible to request validity of work permits for periods of over 12 months. This is good news indeed as it will help our clients save time and money.