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 [...]
USCIS released the weekly FY2011 information on the numbers of cap-subject H-1Bs filed since April 1. As of December 24, 2010, USCIS has received approximately 55,800 H-1B petitions counting toward the 65,000 cap (an increase of 1,900 over the last week). Also, as of December 24, the U.S. Masters cap (with its 20,000 limit) has [...]
The winter holidays, together with the summer vacation season, create a steady flow of inquiries and consultations from our clients regarding travel and passport expiration dates. Most often the question is, What should be the duration of the passport for purposes of entering the U.S.? At Least Six Months Passport Validity Required As an initial [...]
U.S. Citizenship and Immigration Service ("USCIS") has proposed a change to the relevant regulations requiring all employers who wish to file for an initial H-1B cap petition to preregister with USCIS. The proposal is for an electronic registration program for petitions subject to numerical limitations for the H-1B nonimmigrant classification. In the future, other classifications [...]
Our office is often approached and asked to assist in obtaining the return of original documents submitted to USCIS as part of a petition or an application. Normally and for most types of documents, USCIS accepts a copy of the original document in lieu of the original. Unless specifically instructed and required, only clear copies [...]
We wrote extensively in the past for the planned and the announced USCIS fee increase which is set to take effect on November 23rd for all applications filed or postmarked on or beyond this date. For some filings, the fee increase is very minor (and for some there is even a fee decrease!). However, due [...]
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 [...]
Many of our readers and clients are aware of the recent developments with respect to the "border security bill" passed by Congress and recently signed by President Obama into law (Public Law 111-230). What Are the New H-1B and L-1 Filing Fees? Effective immediately, Public Law 111-230 requires the submission of an additional fee of [...]
The Department of State (DOS) issued an advance copy of the interim final rule on the Schedule of Fees for Consular Services, Department of State and Overseas Embassies and Consulates. The notice was published today at the Federal Register. According to the notice, the new rule will become effective on June 4, 2010 (15 days [...]
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 [...]