The United States Embassy in Ottawa has announced that it will be transitioning to a new appointment service for applicants applying for U.S. visas at U.S. consular posts located in Canada.

All United States embassies/consulates in Canada currently use NVARS, which charges a fee for appointment booking services. However, starting September 1, 2010, applicants will visit CSC VISA INFORMATION SERVICES to either obtain information online or via telephone on how to start their application for a U.S. visa at a consular section in Canada. In addition, as of this date, all services including calling for information and scheduling an appointment will be provided for no additional cost, with no requirement that applicants pay phone charges or PIN numbers to access such services.

Applicants who have already scheduled an appointment through NVARS, should pay their visa application fee, known as the Machine Readable Visa (“MRV”) fee, prior to September 1, 2010; they should then bring their Scotiabank receipt to the appointment. It is recommended that applicants who have not yet started their application process wait until after September 1, 2010, to pay their MRV fee and schedule an appointment under the new, no-cost service.

Beginning September 1, 2010, applicants will be required to pay their MRV fee prior to scheduling an appointment. For applicants who paid their MRV fee prior to September 1, 2010, but who have not scheduled an appointment, there will be a grace period from September 1, 2010 until October 1, 2010 during which they can still use their previously paid MRV fee for appointment scheduling. However, if they have not scheduled an appointment prior to October 1, 2010, they will have to pay the MRV fee again through the new service in order to schedule an appointment.

The Department of State’s National Visa Center (“NVC”) has provided information on its new Immigrant Visa Electronic Processing Program (the “Program”), a pilot project that uses electronic communication and documentation methods to simplify and accelerate the immigrant visa application process. The Program uses e-mail for communication and submission of all forms and documents to the NVC using Portable Document Format (“PDF”).

Under the Program, all forms will be downloaded, completed, signed (if required), scanned, saved as PDF files, and e-mailed to the NVC. Required civil documents and supporting documents must be converted to PDF files by scanning and e-mailed to the NVC. After the NVC has completed processing the applicant’s petition, the applicant will need to present the original physical documents to the US Embassy/Consulate at the time of the applicant’s visa interview. Failure to do so may cause a delay or denial of the visa being sought.

The Program applies to the following applicants:

1. Applicants who are applying for a visa at the U.S. Embassy in Ashgabat, Turkmenistan are required to process electronically.
2. Applicants who are applying for a visa at the U.S. Consulate General in Ciudad Juarez, Mexico, in the following visa categories are required to process electronically if the first three letters of their NVC Case Number are MEP:
   • CR1 Conditional Spouse of United States Citizen
   • CR2 Conditional Child of United States Citizen
   • IR1 Spouse of United States Citizen
   • IR2 Child of United States Citizen
3. The option to participate is initially limited to visa applicants who are applying for a visa at the U.S. Embassies in Guangzhou, China and Montreal, Canada.

If eligible to participate in the Program, the applicant (or designated agent) and the petitioner must:

1. Have regular access to e-mail internet service;
2. Have the ability to scan required documents into PDF files; and
3. Be able to submit all forms electronically (no paper copies will be accepted).

All visa applicants, their designated agent (if applicable), and their petitioner will need to follow the processing requirements in order to successfully complete electronic processing of the immigrant visa petition. If the applicant and/or designated agent meets the above requirements and chooses to participate, further information on electronic processing requirements appears here.

If the applicant and/or designated agent DOES NOT meet the above requirements, the applicant is not eligible for participation in the Program. Such an applicant (or an applicant who is eligible but who chooses not to participate) should follow the instructions provided in the National Visa Center’s letter (e.g. paying the applicable fee or mailing the Choice of Address and Agent Form, DS-3032, to the NVC).

The Program represents a positive change. Previously, immigrant visa applicants were required to submit their original documents to the NVC, which could potentially have resulted in lost original documents. The Program now allows applicants to submit PDF copies of required documents and to simply bring the original documents to their final interview.

As of August 26, 2010, United States Citizenship and Immigration Services (“USCIS”) receipted 4,841 petitions toward the 33,000 H-2B cap amount for the first half of the fiscal year. This count includes 3,654 approved and 1,187 pending petitions.

The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a statutory numerical limit, or “cap,” on the total number aliens who may be issued a visa or otherwise provided H-2B status (including through a change of status) during a fiscal year.

Currently, the H-2B cap set by Congress is 66,000 per fiscal year, with 33,000 to be allocated for employment beginning in the 1st half of the fiscal year (October 1 – March 31) and 33,000 to be allocated for employment beginning in the 2nd half of the fiscal year (April 1 – September 30). Any unused numbers from the first half of the fiscal year will be made available for use by employers seeking to hire H-2B workers during the second half of the fiscal year. There is no “carry over” of unused H-2B numbers from one fiscal year to the next.

Generally, an H-2B worker who extends his/her stay in H-2B status will not be counted again against the H-2B cap. Similarly, the spouse and children of H-2B workers classified as H-4 nonimmigrants are not counted against this cap. Additionally petitions for the following types of workers are exempt the H-2B cap:

1. Fish roe processors, fish roe technicians and/or supervisors of fish roe processing
2. From November 28, 2009 until December 31, 2014, workers performing labor or services in the
Commonwealth of Northern Mariana Islands and/or Guam.

Once the H-2B cap is reached, USCIS may only accept petitions for H-2B workers who are exempt from the H-2B cap.

As of August 27, 2010, approximately 34,900 H-1B cap-subject petitions were receipted. United States Citizenship and Immigration Services (“USCIS”) has also receipted 13,000 H-1B petitions for aliens with advanced degrees.

U.S. businesses use the H-1B program to employ foreign workers in specialty occupations that require theoretical or technical expertise in specialized fields, such as scientists, engineers, or computer programmers. The current annual cap on the H-1B category is 65,000. However, some petitions are exempt from the cap under the advanced degree exemption provided to the first 20,000 petitions filed for a beneficiary who has obtained a U.S. master’s degree or higher. Others are completely exempt from the numerical limits.

Please note that up to 6,800 H-1B numbers may be set aside from the cap of 65,000 during each fiscal year for the H-1B1 program under the terms of the legislation implementing the U.S.-Chile and U.S.-Singapore Free Trade Agreements. Unused numbers in this pool are made available for H-1B use for the next fiscal year.

For further information regarding the H-1B category, please review our H-1B article, which is available here.