May 15, 2012: On April 26, 2011, the Department of State (DOS) published an interim final rule to amend the requirements of the Summer Work Travel category of the Exchange Visitor visa program. DOS has now published a second interim final rule, in which it expands upon and provides guidance on additional changes, as well as strengthens parts of the regulations aimed at protecting the health, safety and welfare of program participants and to reinforce cultural exchange components of the visa program.

This new rule, which took effect on May 11, 2012 but will be delayed until November 1, 2012, further supports the cultural components of the Summer Work Travel category. It describes types of job placements that are appropriate and expands the list of jobs prohibited under the program. Written comments will be accepted from the public for 60 day from the date of the notice’s publication in the Federal Register.

May 15, 2012: The Department of Homeland Security (DHS) recently announced it is expanding the list of science, technology, engineering and math (STEM) designated degree programs that will qualify graduates in the US on student visas for optional practical training (OPT) extensions. Under the OPT program, international students who graduate from U.S. colleges and universities may remain in the country and receive training through work experience for up to one year. Students who graduate from a designated STEM degree program are able to remain in the U.S. for an additional 17 months via an OPT STEM extension.

"Attracting the best and brightest international talent to our colleges and universities and enabling them to contribute to their professional growth is an important part of our nation's economic, scientific and technological competitiveness," said Janet Napolitano, Secretary of Homeland Security. "International students and exchange visitors bring invaluable contributions to our nation, and this helps empower the next generation of international entrepreneurs, right here in America."

The list of designated STEM degree programs has been expanded to include such fields as pharmaceutical sciences, econometrics and quantitative economics to help the U.S. bring in and recruit the best international students to the country.

May 12, 2012: On May 4, 2012, USCIS posted an update regarding the amount of applications received for standard cap-subject and master’s exemption H-1B visas for Fiscal Year 2013. According to USCIS, a total of 13,700 H-1B Master’s Exemption visas have been filed, and 32,500 standard cap visas have been filed. Each fiscal year, a total of 20,000 master’s exempt H-1B visas are available; up to 65,000 standard cap visas are available.

USCIS began accepting petitions for H-1B visas for Fiscal Year 2013 (starting on October 1, 2012) on April 2, 2012. Petitions may be filed no more than six months in advance of the requested start date. Please note that up to 6,800 visas from the 65,000 cap-subject visas are set aside each fiscal year for the H-1B1 program.

May 10, 2012: USCIS is currently evaluating whether to revise Form I-924, the Application for Regional Center under the Immigrant Investor Program. The agency is currently accepting public comments and suggestions regarding components of the form, which is a key part of the EB-5 Immigrant Investor visa program. If USCIS decides to amend the form, it will publish a 30-day notice in the Federal Register; the public will then have 30 days to comment on any revisions made to the form.

USCIS asks that written comments and suggestions should address one or more of the following points:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(2) Evaluate the accuracy of the agencies estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;
(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses. Comments and suggestions may be submitted via mail, email or fax. You should add the OMB Control Number 1615-0061 in the subject line of your email.

DHS, USCIS, Chief, Regulatory Coordination Division, Office of Policy and Strategy
20 Massachusetts Avenue NW
Washington, DC 20529-2020
Fax: 202-272-8518
Email: USCISFRComment@dhs.gov

May 4, 2012: The U.S. Department of Homeland Security is planning a series of webinars throughout the month of May on the E-Verify online employment eligibility verification system. These webinars will cover a range of topics for a range of audiences and will provide guidance regarding the best ways to maintain a legal workforce, clarification on the I-9 Form and more.

Planned classes include the following. A full list of times and dates is available at http://1.usa.gov/JxEUNl.

- Form I-9
- CNMI
- Self Check
- E-Verify Overview
- Federal Contractor E-Verify
- E-Verify for Existing Users

You do not need to pre-register for these webinars. Simply select the session you would like to attend and visit http://1.usa.gov/JxEUNl ten minutes before the session starts to login.