One of the common RFE issues raised by USCIS in connection with H-1B petitions is the suitability of the beneficiary’s educational (and experience) qualifications. There are two aspects to this RFE issue — whether the degree itself is a US-equivalent [...]
The Department of Labor (DOL) has released the most recent annual report for the Office of Foreign Labor Certification (OFLC). Even though the report was recently released, it is for the 2012 fiscal year (FY2012) which covered the period between October 1, 2011 and September 30, 2012. While we understand that the relevant period is [...]
USCIS has circulated a proposed draft of a redesigned and revised Form I-129 and has opened a public comment period on the proposed changes. The new form features a new design layout where most of the questions are the same but laid out slightly differently. There are some changes to the wording of some questions, [...]
Many of our readers are aware that as of April 5, 2013, USCIS has received a sufficient number of H-1B cap-subject petitions to fill the annual H-1B quota. All cap-subject new H-1B petitions received by USCIS on or after April 5th have been rejected. Additionally, due to the high number of H-1B petitions (124,000), the [...]
One of the most popular U.S. work visas, the H-1B, will start accepting filings for new H-1B employment on April 1. Pursuant to each yearly H-1B quota, new H-1B filings can be filed on April 1, at the earliest, for a starting date of employment on or after October 1. The H-1B Quota and [...]
The U.S. Citizenship and Immigration Service ("USCIS") is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2014 (FY2014) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is Monday, April 1, 2013. About the H-1B Program and the Annual Cap The H-1B visa category was created in [...]
New documents have been released recently in the prolonged lawsuit by the American Immigration Council’s Legal Action Center, on behalf of the American Immigration Lawyers Association (“AILA”), regarding USCIS’ procedures and predetermined indicators of potential fraud in the H-1B process. (For a detailed review of the lawsuit and associated documents see). Legal History In 2005, [...]
In recent years, despite the U.S.’s rich history as a haven for ambitious immigrants, many foreigners looking to work in the U.S. have had to cope with increasingly restrictive immigration policies. As a result, the number of immigrant-founded startups in Silicon Valley, to take an example, has declined from 52.4% in 2005 to 43.9% in [...]
The H-1B season is well underway and we have received the fifth “official” update on the FY2013 cap-subject H-1Bs filed since April 2 for both the Vermont and California Service Centers. As of May 4, 2012, USCIS has received approximately 32,500 H-1B petitions counting toward the 65,000 cap. This suggests a rate of filings of [...]
The H-1B season is well underway and we have received the second “official” update on the FY2013 cap-subject H-1Bs filed since April 2 for both the Vermont and California Service Centers. As of April 13, 2012, USCIS has received approximately 20,600 H-1B petitions counting toward the 65,000 cap. This suggests a rate of filings of [...]
