As we are going in to the peak of the H-1B cap season, our office receives many inquiries about the duration of the H-1B filing season this year or, in other words, when will the H-1B cap be reached? So far we have been able to compare demand with prior H-1B filing seasons and we [...]
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 Department of Labor has provided some updates for the first quarter of the Fiscal Year 2013 (October 1, 2012 to December 31, 2012) on their processing of PERM cases and we are happy to share them with our clients and readers. DOL Processing Statistics (First Quarter, 2013 Fiscal Year) PERM According to the report, [...]
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 [...]
It is only Tuesday and this week has already been full of immigration proposals. After yesterday's announcement for a blueprint for a comprehensive immigration reform, today a group of Senators has released an actual draft bill which picks up where yesterday's proposal left off with respect to employment-based immigration. Senators Orrin Hatch of Utah, Amy [...]
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 [...]
A significant policy change has narrowed dramatically the interview waiver eligibility. See the updated alert. Some of our clients and readers are aware that in March 2012, the U.S. Embassy in India introduced the Interview Waiver Program (IWP) which allows eligible individuals to apply for certain types of visa without being interviewed in [...]
The Department of Labor (DOL) has proposed substantial revisions to Form 9035 (and its instructions), Labor Condition Application, which is used to support a number of employment-based visas, including H-1B, H-1B1 and E-3. The proposed changes to the form are significant in many respects -- the government now requires all LCA beneficiaries (up to 10 [...]
The Department of Labor has provided some updates (as of July 2012) on their processing of employment-based cases and we are happy to share them with our clients and readers. This kind of information is generally available, but is rarely combined in one place while it is still fairly recent information. DOL Processing Statistics [...]