Immigration news

India and the US held 'secret' talks at World Trade Organization (WTO) headquarters in Geneva, Switzerland, on Friday, 13 May to discuss key issues raised by New Delhi concerning US H-1B and L-1 visas; There are two types of L-1 visa the L-1B for specialized knowledge workers and the L-1A for managers and executives. It is understood that, while the two nations have offered no comment concerning the outcome of the talks, the chances of a resolution to the dispute are 'bleak.'

Amid a shortage of US work visas and an increase in US visa refusals rates in the US their biggest market, operating costs for Indian IT firms are increasing as they look to meet client demand by hiring workers in the US on more expensive, short-term contracts. Presumably this means hiring more workers in the US on B-1 in lieu of H-1B visas.

11 bakery workers from the Philippines, who had complained that they had to endure illegal working conditions in the US on their E-2 Treaty Investor visas, have won $15.2 million in damages and fees following a human trafficking case filed before the Superior Court of California. The lawsuit, filed in March 2015 by Asian Americans Advancing Justice-Los Angeles (Advancing Justice-LA) and Latham & Watkins LLP, resulted in a default judgment against the owners of L'Amande French Bakery. The defendants L'Amande French Bakery did not bother to defend themselves.

Two lawmakers from the US House of Representatives are currently involved in efforts to change the way in which the H-1B, US work visa lottery operates. However, legislation has not yet been introduced and it remains unlikely that it will be put forward anytime soon. In addition cross-party support will be needed for the legislation to be agreed by both Houses of Congress. From past experience this seems extremely unlikely.

There continues to be a good availability of Tier 2 Certificates of Sponsorship (CoS) with the number available for allocation in June standing at 2,615, according to UK Visas and Immigration data. The department published its May report citing that its figures were correct as of 13 May, 2016.

The UK music industry has assembled a 'taskforce' in a bid to tackle ongoing US work visa issues, according to a report published by the Musicians' Union (MU) – an organisation that represents over 30,000 musicians working across all sectors of the music business. A key focus of the taskforce will be to lobby for 'greater parity between UK and US visa costs and processes.'