The Los Angeles Times has requested and been able to obtain statistics from USCIS regarding the adjudication rates for H, L, O and P petitions for the Vermont and California Service Centers since Fiscal Year 2008 (FY2008). The statistics are current as of July 2010 and provide a very helpful overview of approval, denial and [...]
On Tuesday, July 20th, AILA filed a lawsuit against the Department of Homeland Security (DHS) and Citizenship and Immigration Service (USCIS) seeking the release of records concerning agency policies and procedures for the H-1B visa program. AILA had attempted to obtain these documents under a Freedom of Information Act (FOIA) request which had been denied [...]
In addition to the numerous inquiries on filing a new I-140 when a previous I-140 is pending on appeal, our office handles a number of such new I-140 filings. Pursuant to USCIS guidance, a previously approved labor certification which was timely used to file an I-140 can, in many circumstances, be subsequently used to file [...]
We have written extensively over the past two months on the January 8, 2010 Neufeld Memorandum (the "Neufeld Memo") changing the H-1B adjudication standards for H-1B employers engaged in 3rd party placement or employee-owners. We have also written about AILA's efforts to rescind the Neufeld Memo. In a letter dated March 19, 2010 addressed to [...]
In an article dated November 17, 2009, we wrote about the CDC reversing course and eliminating the requirement of HPV vaccine for immigrant applicants, including I-485 adjustment applications. The new rule had an effective date of December 14, 2009, so our office has received a number of inquiries about (1) what happens with pending adjustments [...]
The H-2B filing period for fiscal year 2009 (FY2009) has been reopened by USCIS due to insufficient applications filed under the cap. Accordingly, USCIS accepts immediately new H-2B petitions under the FY2009 cap for starting work date before October 1, 2009. FY2009 H-2B Numbers Are Under the Quota On January 7, 2009, USCIS announced that it has [...]
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 [...]