Head

FLYNN & CLARK, P.C.
STEVEN A. CLARK

H-1B Filing Alert

DOL Improves RIR Conversion Process, But Imposes January 20 Notification

 New Passport Requirement for Air Travelers

Mary E. Gilbert, Esquire, Joins Flynn & Clark Immigration GroupFiling Alert

Employers are reminded that H-1B visa numbers will become available again for cases filed on or after April 1, 2007, with a work start date of October 1, 2007. While we have been waiting a long time for H-1B visa numbers, the pent-up demand will mean these numbers will likely go within weeks if not days of the April 1 opening date. Last year the visa numbers made available on April 1 were gone by May 26, 2006, less than 2 months later. Given the improving economic climate, we expect the cutoff date to come much earlier this year. Given that it can take several weeks to gather the required information to file a petition, we urge employers to accelerate their hiring decisions so as to be able to identify this year’s new H-1B hires as early as possible.  Some employees now in TN, E or L1B status may also be candidates for change to H1B status, particularly if permanent residence sponsorship may be pursued.

Although legislation which may increase the availability of H-1B numbers has been proposed, Congress has been slow to act on any immigration legislation. A number of our employer clients have signed on to a letter requesting relief. If you are an employer and have not already done so, please let us know of your interest so we can contact you next time we make an effort to contact Congress.

As of January 23, 2007, citizens of the U.S., Canada, Mexico, and Bermuda traveling to the U.S. by air from any location must present a passport or other acceptable document. This changes the long- standing rule that citizens of these countries can enter the U.S. without a passport when arriving from countries in the Western Hemisphere (North America, Central America, South America and adjacent islands).

Permanent residents (green card holders) will continue to be able to use their Alien Registration Card (Form I-551) or other valid evidence of permanent resident status to apply for entry to the U.S. Children entering by air who are U.S. citizens will need a passport even if their parents are green card holders.

Other acceptable documents that may continue to be used instead of a passport are a NEXUS Air card, a Merchant Mariner Document or military orders. The NEXUS Air card is issued to citizens of Canada and the U.S., lawful permanent residents of the U.S. and permanent residents of Canada who meet certain eligibility requirements and may only be accepted when used in conjunction with the NEXUS Air program. The Merchant Mariner Document or "z- card" is issued by the U.S. Coast Guard to U.S. merchant mariners and may only be accepted when used on official business by U.S. Citizen Merchant Mariners. Members of the U.S. military, when traveling on official orders, may continue to present their military ID and orders for entry. Spouses and dependents, however, must present a passport and valid visa, if applicable.

As early as January 1, 2008, these requirements may be extended to travel by land or sea, as well as travel by air. A separate proposed rule addressing land and sea travel will be published at a later date.

A notice announcing the new travel document requirements is posted at http://www.state.gov/r/pa/prs/ps/2006/76752.htm A FAQ (frequently asked questions) page is available at http://www.travel.state.gov/travel/cbpmc/cbpmc_2225.html