Proposed H-1B Electronic Registration System

According to USCIS estimates, a proposed rule that could save U.S. businesses more than $23 million over the next 10 years. This proposed rule would establish an electronic registration process for U.S. employers seeking to file H-1B petitions for foreign workers in specialty occupations. The proposed electronic system would minimize administrative burdens and expenses related to the H-1B petition process—including reducing the need for employers to submit petitions for which visas would not be available under the statutory visa cap.

The H-1B is a non-immigrant visa which allows U.S. employers to temporarily employ foreign workers in specialty occupations. USCIS proposes to establish an advance, electronic registration process for U.S. employers seeking to file H-1B petitions subject to either the 65,000 statutory cap or the 20,000 statutory visa cap exemption. By statute, H-1B visas are subject to an annual numerical limit, or cap, of 65,000 visas each fiscal year. The first 20,000 petitions for these visas filed on behalf of individuals with U.S. master’s degrees or higher are exempt from this cap.

Taiwan expected to be approved for Visa Waiver Program in 2012

Taiwan expected to be approved for Visa Waiver Program in 2012

On Dec. 22, Eric H. Madison, acting director of the American Institute in Taiwan, announced Taiwan’s candidacy for the U.S. Visa Waiver Program (VWP). If approved, the program is expected to go into effect in the latter half of next year. Taiwan would join 36 other countries currently approved for the VWP. When the program goes into effect, there will be an immediate financial benefit for Taiwanese travelers to the U.S. Instead of paying $143 for a visa at AIT, travelers only need to pay $14 when completing the online application at Electronic System for Travel Authorization (ESTA). It is estimated that 150,000 non-immigrant visas were issued to Taiwanese last year.

H-1B cap of 65,000 for fiscal year (FY) 2012 has been reached

USCIS unexpectedly announced the H-1B statutory cap of 65,000 for fiscal year (FY) 2012 has been reached. 


Nov. 22, 2011 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2012 (Oct 1, 2011-Sept 30, 2012).  The statutory cap of 20,000 for the advance degree applicants was reached on October 19, 2011.

What Is Section 245(i) of the Act?

What Is Section 245(i) of the Act?

Section 245(i) of the Act (8 U.S.C. 1255(i)) allows certain aliens with an immigrant visa immediately available to them to apply to adjust status upon payment of a $1,000 surcharge, even though the alien entered the United States without inspection or does not meet the maintenance of status and authorized employment requirements of section 245(c) of the Act (8 U.S.C. 1255(c)).

H-1B visas may run out in December 2011 or January 2012

United States Citizenship and Immigration Services (USCIS) reports that they are running out of new H-1B visas and they may soon be unavailable until October 2012, the start of the next fiscal year. 

Green Card Lottery = Immigrant Intent ?

When you apply for a nonimmigrant visa, there is a question, “Has anyone ever filed an immigrant visa petition on your behalf.” The Department of State has determined that the correct answer to this question is Yes.

However, the entry into the DV lottery by itself should generally not be sufficient to deny you a nonimmigrant visa and is not an automatic bar to obtaining subsequent nonimmigrant visas.

2013 Diversity Visa (green card) lottery is now open

The 2013 Diversity Visa (green card) lottery is now open for entry. Please enter before the deadline of Saturday, November 5, 2011, at noon EST. The entry must be made online at https://www.dvlottery.state.gov/. After you submit the entry, print out the confirmation number and save it. 

I recommend saving a few copies in different places since there is no way to retrieve it if you lose it. 

Generally, the IRS only audits about 1% of all individual tax returns annually. Certain factors can increase your audit risk such as omitting income, making math errors, and certain credits. Here is a list of 10 “red flags” that draw attention to your tax return and increase your risk of audit.

1.     Failing to report all taxable income. The IRS receives copies of all your W-2s and 1099s. You may not care about reporting a few dollars of bank interest from the 1099-INT but the IRS does. A mismatch increases your audit risk.

2.     Claiming large charitable deductions. If you claim charitable deductions that are disproportionate to your income, this raises a red flag. You need to retain receipts for your cash and property contributions. If your donate more than $500 of property, you must have an appraisal.

3.     Home office deduction. The IRS is interested in this deduction because most people that claim a home office do not meet all the requirements in order to claim this deduction. Among other requirements, the home office must be used exclusively and on a regular basis as your principal place of business.

4.     Business meals, travel, and entertainment. The IRS knows that self-employed people tend to claim excessive deductions.

5.     Cash business. Small business owners who primarily receive cash are less likely to accurately report all their income.

6.     Failure to report a foreign bank account. The IRS is very interest in people with overseas accounts. Failure to report a foreign bank account can lead to significant penalties. The IRS has made this one of their top priorities.

7.     Math errors. This is one of the biggest reasons taxpayers receive a letter from the IRS. If you make an error in your favor, you will get a letter from the IRS and there is a greater risk you will be audited.

8.     Engaging in large currency transactions. The IRS gets reports of cash transactions in excess of $10,000 involving banks, casinos, car dealers and other businesses, plus suspicious activity reports from banks.

9.     Claiming 100% business use of your car. 100% business use is rare and raises a red flag for the IRS. You should maintain mileage logs as wells as calendar entries for the purpose of every trip.

10.        Using round numbers. If most of deductions are round number like $500 or $1,000, then those look like estimates. Too many round numbers on your tax return will raise a red flag.

attorney@mylawllc.com
My Law, LLC
Immigration & Tax Law Firm
www.mylawllc.com

(630) 903-9625