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United States Citizenship and Immigration Services

United States Customs and Border Protection designates ports of entry for optimized processing of TN and L-1 status

United States Customs and Border Protection recently announced on its website that, sometime during September 2014, it would begin optimizing processing for first-time Canadian TN and L-1 applicants seeking entry into the United States under the North American Free Trade Agreement. However, it is unlikely that this initiative will significantly alter the way that TN and L-1 cases are adjudicated.

 

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CIC updates Foreign Worker Manual provisions relating to intracompany transferees

Citizenship and Immigration Canada recently updated its Foreign Worker Manual, which provides guidance to CIC and Canada Border Services Agency officers who adjudicate work permit applications. The updated version includes revisions to sections that describe the C12 and NAFTA intracompany transferee exemptions.

 

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USCIS proposes regulatory change to permit stateside processing of unlawful presence waivers

On January 6, 2012, the Department of Homeland Security announced that it was proposing a regulatory change that would allow spouses and children of U.S. citizens who are in the United States but need an immigrant waiver of unlawful presence bar to apply for the waiver within the United States.

 

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USCIS updates H-1B cap count as of April 15, 2011

United States Citizenship and Immigration Services (“USCIS”) has updated its H-1B cap count for the current fiscal year. As of April 15, 2011, approximately 7,100 H-1B cap-subject petitions were receipted. Additionally, USCIS has receipted 5,100 H-1B petitions for aliens with advanced (master’s or higher) degrees from the United States.

 

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When does your Canadian employee need a U.S. work permit?

On occasion, Canadian HR professionals will be asked if one of their employees requires a work permit to enter the United States. The answer to this question depends on whether the proposed activity falls within the scope of the B-1 business visitor category. The problem lies in the lack of clear guidelines for B-1 business visitors and the considerable amount of discretion given to USCBP officers, who inspect foreign travelers seeking admission to the United States.

 

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