Monty & Ramirez | Law Blog

Thursday, October 27, 2011

USCIS Announces H-1B Advanced Degree Cap Reached

United States Citizenship and Immigration Services (USCIS) announced this week that the H-1B Advanced Degree Cap has been met. According to their announcement, USCIS has received approximately 20,000 petitions counting toward the 20,000 master’s degree or higher cap exemption. Currently, 46,200 of the 65,000 available H-1B nonimmigrant petitions for the fiscal year have been received. Therefore, any advanced degree H-1B petitions will now be adjudicated under the remaining numbers for the H-1B cap.

The H-1B program allows employers to hire foreign workers who will be employed in a specialty occupation that requires theoretical or technical expertise, such as architects, scientists, engineers, accountants and computer programmers among others.

Sarah D. Monty is a partner and the lead immigration attorney for the immigration section at Monty & Ramirez LLP.

Contact Information:

Email: smonty@montyramirezlaw.com

Telephone: 281.493.5529
Website: http://www.montyramirezlaw.com/

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Redesign of Employment Authorization Document and Certificate of Citizenship Furthers USCIS’ Goal to Enhance Document Security and Prevent Fraud

Pursuant to the United States Citizenship and Immigration Services' (USCIS) objective to produce more secure documentation that is more difficult for document vendors to replicate, it has announced the launch of an enhanced Employment Authorization Document (EAD) and a redesigned Certificate of Citizenship (Form N-560).

USCIS began issuing state-of-the-art technologically equipped EADs this week to deter counterfeiting, obstruct tampering and facilitate quick and accurate authentication. Workers, employers and law enforcement officials all will be able to recognize the card as definitive proof of authorization to work in the United States. While the card has a new look, the USCIS application process remains the same. Previously issued cards will remain valid until the expiration date printed on the card. USCIS will replace EADs already in circulation as individuals apply for replacement or renewal cards. The EAD is a List A document that employees can submit during the I-9/E-Verify process.

The new Certificate of Citizenship has also been redesigned to deter fraud and tampering. USCIS will begin issuing the new Certificates of Citizenship on October 30. Previously issued Certificates of Citizenship will remain valid indefinitely. The Certificate of Citizenship is not on the Lists of Acceptable Documents and cannot be accepted by employers during the I-9/E-Verify process.

USCIS intends to continue to enhance document security features as technology improves. If you have any questions on how the issuance of new EADs and Certificates of Citizenship will affect your employment practices, please contact us at jmonty@montyramirezlaw.com.

Jacob M. Monty is the founding and managing partner of Monty & Ramirez LLP. He is board certified in labor and employment law by the Texas Board of Legal Specialization. He is a member of the American Law Institute and named to Texas Super Lawyers in 2008, 2009, 2010 and 2011.

Contact Information:
Email:
jmonty@montyramirezlaw.com

Telephone: 281.493.5529
Website:
http://www.montyramirezlaw.com/

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