guidance

GAO Report on the H-1B Program

The Government Accountability Office (GAO) has published a January 2011 report on the H-1B program.    The GAO has produced a a comprehensive, 118-page, report which is intended to provide guidance to Congress with respect to amending or tweaking parts of the H-1B program. The conclusion of the report is that certain reforms are needed for [...]

By |2017-05-20T21:48:27-04:00January 20th, 2011|Articles, H-1B, News, Policy|

Analysis of Proposed Changes to Form I-129 (H-1B, L-1, TN)

USCIS published a notice in the Federal Register with proposed changes to Form I-129 which is used for H-1B, L-1, TN, among other visa type filings.   Please see the DRAFT proposed Form I-129 (and draft instructions).  The proposed changes are significant and are likely to impact most, if not all, employers who file Form I-129. [...]

By |2017-05-20T21:48:52-04:00March 18th, 2010|Articles, H-1B, News, Policy, USCIS|

Various Updates from the Texas Service Center

The Texas Service Center (TSC), in a meeting with AILA, has provided some helpful updates regarding processing of petitions filed with TSC. Processing Times TSC has confirmed that the pending application reports posted on the USCIS status check website are generally correct.  I-485s filed prior to March 26, 2009 that are still pending should be [...]

By |2017-05-20T21:48:54-04:00March 18th, 2010|Articles, News, USCIS, Visa Processing|

Breaking News – FY2010 H-1B Cap Reached (December 22, 2009)

A few minutes ago USCIS announced that as of December 21, 2009, it has received sufficient petitions to reach the statutory cap for FY2010.  USCIS has also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption. No New FY2010 Cap-Subject H-1B Filings Accepted USCIS will reject all [...]

By |2017-05-20T21:49:05-04:00December 22nd, 2009|H-1B, News|

FY2010 H-1B Numbers Update – 2,500 H-1B Visas Left (December 10, 2009)

  USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of December 10, 2009, USCIS has received approximately 62,500 H-1B petitions counting toward the 65,000 cap (an increase of 1,000 in the past three days).   The updated count means that as of December 10, 2009, there were 2,500 H-1B visas [...]

By |2017-05-20T21:49:05-04:00December 12th, 2009|H-1B, News|

USCIS to Hold I-485 Adjustments Pending New Vaccination Requirements

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 [...]

By |2009-12-02T09:41:00-05:00December 2nd, 2009|News|

FY2010 H-1B Numbers Update – 8,100 H-1B Visas Left (November 20, 2009)

USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of November 20, 2009, USCIS has received approximately 56,900 H-1B petitions counting toward the 65,000 cap (an increase of 1,300 in the past week).   The updated count means that as of November 20, 2009, there were 8,100 H-1B visas left [...]

By |2017-05-20T21:49:07-04:00November 23rd, 2009|H-1B, News|

Does Administrative Processing Constitute a Refusal of a Visa?

This question arises often in the context of Visa Waiver Program (VWP) travelers who seek to enter the U.S. under VWP while their visa application (for H-1B, for example) has been “delayed” by the U.S. consulate. Under VWP,  a nonimmigrant alien applicant for admission to the U.S. under VWP must indicate on Form I-94W and on [...]

By |2017-05-20T21:49:12-04:00November 3rd, 2009|H-1B, News|

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