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EIG Dispatch – April 3, 2015

April 10, 2015

Highlights

  • My H-1B Cap Case Was Filed, What Now?
  • New Work Visa Launched in Chile
  • Foreign Nationals Can Now File Thailand’s 90-Day Report Online

My H-1B Cap Case Was Filed, What Now?

On April 1, 2015, the H-1B Cap was opened and USCIS began to receive new H-1B visa filings. EIG has successfully filed all H-1B Cap petitions for each of our clients. Now that your case has been filed, what can you expect?

With this year’s annual H-1B Cap set at 85,000 visas, USCIS predicts that the quota will be reached within the first week of filling. In the last two years 172,500 (FY2015) and 124,000 (FY2014) H-1B petitions were filed within a few days of April 1st, prompting USCIS to utilize a lottery system to select a sufficient number of H-1B petitions to meet the 85,000 Cap. We expect USCIS to utilize the lottery system again to select the 85,000 petitions to be receipted and adjudicated under this year’s Cap.

USCIS is required to accept all petitions received within the first 5 business days from April 1, 2015. USCIS will first randomly select 20,000 petitions filed under the U.S. Master’s Cap; all remaining petitions will then fall into the Regular Cap. USCIS will then randomly select 65,000 petitions under the Regular Cap. Once all 85,000 petitions have been selected in the lottery, USCIS will either issue a Receipt Notice (confirming selection) or return the petition and filing fees to our office (confirming the petition was not selected in the lottery). This process typically takes 2-3 weeks for completion. Once the lottery is complete, USCIS will process and adjudicate the selected petitions.

If your H-1B Cap petition was filed under premium processing, the 15 calendar day processing period will begin on May 11, 2015 to allow USCIS sufficient time to complete the lottery process. EIG team members will notify you directly as soon as they have received any update from USCIS regarding your case.

EIG will announce once USCIS has confirmed that the Cap has been met and is closed for the year, the number of H-1B petitions that were received this year, and any other updates provided by USCIS.

Latest Cap Update from AILA: In response to reports that FedEx delivery trucks have been turned away from the California Service Center (CSC) and Vermont Service Center (VSC) due to capacity issues, AILA contacted USCIS, which confirmed that neither the VSC nor the CSC have turned any trucks away and that deliveries of H-1B Cap-subject petitions have not been negatively impacted. Due to space limitations at the delivery loading docks, incoming trucks may be staggered for delivery, but they are not being turned away.

New Work Visa Launched in Chile

Chile announced the launch of a new work visa, Temporary Visa for Work Purposes, which will allow for more flexibility than the existing Work Contract Visa. The Work Contract Visa allows employees to work for a single employer and permits only those activities set forth in the contract. At the end of the work contract, the visa becomes invalid and the employer is responsible for any costs associated with the repatriation of the foreign national. Under the Work Contract Visa, additional fees are required for any change in employment, and a two-year residency requirement must be met before a foreign national can apply for permanent residency.

The Temporary Visa for Work Purposes is available as of March 1, 2015. Some of the expected benefits of the new Temporary Visa for Work Purposes include the ability for employees to work for multiple employers without any additional cost and without obtaining a new visa, and the opportunity to work, study, start a business, or offer freelance services. Additionally, the new visa will entitle holders to apply for permanent residency after only one year in Chile. This new work visa can only be obtained after arrival in Chile, while the Work Contract Visa must be obtained at a Chilean Consulate abroad or in Chile.

Employers who plan to send foreign nationals to Chile should consult with their immigration provider to determine which work visa is most suitable for their needs.

Foreign Nationals Can Now File Thailand’s 90-Day Report Online

On April 1, 2015, Thailand’s Immigration Bureau implemented an online filing system for its mandatory 90-day residence report for foreign nationals. If a foreign national remains in Thailand continuously for 90 days or more, the foreign national is required to submit a notification form with his or her current address to the Immigration Bureau. This notice must be submitted within 15 days prior and 7 days after the 90 days is reached. Once the notification form is submitted online and approved, the foreign national will receive a receipt as proof of submission.

The online filing system is more convenient for foreign nationals to complete compared to the in-person or by-mail reporting methods. However, at this time, the online report filing system is only accessible through the Internet Explorer browser. Failure to file the 90-day report may result in a fine of 2000 baht or more.