USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, July 3, USCIS has received approximately 45,000 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
The Nebraska and Texas Service Centers (NSC and TSC, respectively) have informed that they will start issuing denials on pending I-485 upon denial of the underlying I-140 petition. Until now, USCIS has a policy from a Memorandum of Feb. 28, 2003 from William R. Yates, “Procedures for Concurrently Filed Family-Based or Employment-Based Form I-485 when the [...]
The Department of Labor (”DOL”) has released a quarterly report covering the first quarter of 2009 (ending on March 31, 2009) which report indicates the performance measurements for four categories of labor certifications performed by DOL: H-1B Labor Condition Applications (”LCA”). The target performance rate set by DOL is seven (business) days. For the first quarter, [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of Friday, June 26, USCIS has received approximately 44,800 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]
As part of our regular USCIS-related filings, we receive requests for evidence (”RFES”) on a number of occasions. Such RFES are standard practice and often are unrelated to the substance of the petition - for example, requesting clear copies of the lastest Form I-94 card. It is our practice to ensure that each petition filed [...]
USCIS has announced that, in conjunction with FBI, it has met its goal of eliminating the FBI National Name Check Program backlog. The goal was to achieve a performance (which can actually be sustained going forward) of completing 98 percent of name checks requests submitted by USCIS within 30 days and the remaining 2 percent within [...]
Donald Neufeld, in a Memorandum dated June 17, 2009 provides some guidance on the equivalency of foreign medical degrees for the purpose of qualifying for the EB-2 category. A U.S. medical degree is obtained after completing a bachelor’s degree and as a result, a U.S. medical doctor degree is considered to be an advanced degree. In [...]
After USCIS suspended temporarily the I-140 premium processing service on July 2, 2007, we have been constantly fielding questions on when the temporary suspension would end. Over the past few weeks there was increased speculation that premium processing for Form I-140 would resume. Earlier this week, USCIS confirmed that in fact premium processing for I-140 [...]
The U.S. Citizenship and Immigration Service (”USCIS”) has provided some updates and insight into their operations and future plans during the annual AILA conference: Premium Processing for I-140. Some I-140s which were previously eligible for premium processing may be made again eligible. Expected this summer. H-1B Application Process to be Redesigned. USCIS is working on reengineering the [...]
The Department of Labor (”DOL”) has released some numbers about their pace of PERM processing. There are about 58,000 applications currently pending of which 54% are under final review, 38% are in audits, 6% are on appeal and the remaining 2% are subject to employment verification checks or othe. DOL also reported that cases which are under [...]