The H-1B season is well underway. Yesterday we reported on the Vermont Service Center's H-1B FY2011 numbers as of April 5. Today, USCIS released the first "official" FY2011 information on the numbers of cap-subject H-1Bs filed since April 1 for both the Vermont and California Service Centers. As of April 8, 2010, USCIS has received [...]
The Vermont Service Center (VSC) of USCIS has released the first "semi-official" Fiscal Year 2011 H-1B numbers. As of close of business on Monday, April 5th, VSC has received a total of 9,525 cap-subject H-1B petitions. Of those, 6,791 were "regular H-1B cap" and 2,734 were "master's cap" petitions. Note that this information is for [...]
The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2011 (FY2011) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is April 1, 2010. About the H-1B Program and the Annual Cap The H-1B visa category was created in 1990 [...]
We wrote in late October and early November of 2009 about the USCIS Ombudsman's recommendation that USCIS (1) accept H-1B filings without a certified LCA but with a proof of filed and pending LCA and (2) to excuse late H-1B filings where the delay in filing was caused by pending LCA or employer's Federal Employed [...]
In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites. Focus on Employer-Employee Relationship The guidance is primarily concerned with the employer-employee relationship. Pursuant to the H-1B regulations, an [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of December 8, 2009, USCIS has received approximately 61,500 H-1B petitions counting toward the 65,000 cap (an increase of 3,000 in the past week). The updated count means that as of December 8, 2009, there were 3,500 H-1B visas left [...]
In a Memorandum, dated September 14, 2009, Donald Neufeld, the Acting Associate Director for Domestic Operations as USCIS, provides some clarifications and amendments to the Adjudicator’s Field Manual relating to Form I-140, Immigrant Petition for Alien Worker. 1. Definition of Employer for Outstanding Researchers or Professors under Section 203(b)(1)(B). Each EB-1B petition for outstanding researcher or professor [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of October 30, 2009, USCIS has received approximately 53,800 H-1B petitions counting toward the 65,000 cap (an increase of 1,000 in a week). USCIS will continue to accept petitions subject to the general cap. U.S. Masters Degrees Quota Reached As we mentioned [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of October 25, 2009, USCIS has received approximately 52,800 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received sufficient number of petitions for aliens with advanced degrees and [...]
In a formal recommendation to USCIS, its Ombudsman has reviewed the current H-1B filing requirements with respect to LCAs and has concluded that changes to the LCA/H-1B filing process are necessary to avoid a number of negative consequences prejudicing employees and employers alike. The drive behind this policy review by the USCIS Ombudsman is a number [...]