USCIS released the second “official” FY2011 information on the numbers of cap-subject H-1Bs filed since April 1. As of April 15, 2010, USCIS has received approximately 13,600 H-1B petitions counting toward the 65,000 cap (a weekly increase of only 100). Similarly, as of April 15, there were 5,800 H-1B visas filed subject to the U.S. [...]
The H-1B season is well underway. Yesterday we reported on the Vermont Service Center's H-1B FY2011 numbers as of April 5. Today, USCIS released the first "official" FY2011 information on the numbers of cap-subject H-1Bs filed since April 1 for both the Vermont and California Service Centers. As of April 8, 2010, USCIS has received [...]
The Vermont Service Center (VSC) of USCIS has released the first "semi-official" Fiscal Year 2011 H-1B numbers. As of close of business on Monday, April 5th, VSC has received a total of 9,525 cap-subject H-1B petitions. Of those, 6,791 were "regular H-1B cap" and 2,734 were "master's cap" petitions. Note that this information is for [...]
Generally, the U.S. Department of State likes to process visas at the consulate located at the applicant's home country. Howevre, U.S. consulates in Mexico and Canada have the practice of allowing third-country nationals (TCN) to apply for a U.S. visa stamp in addition to their home country. However, recent AILA interactions with the Department of [...]
As many of our clients and readers know, the H-1B program allows stay in the U.S. on H or L status of up to six years. Time spent abroad during this period may be "recaptured" and added towards the six years of H-1B time. However, many foreign nationals who are not eligible to extend their [...]
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 [...]
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. [...]
In November of last year and in February of this year, we wrote about a temporary change USCIS made with respect to H-1B petitions filed without certified Labor Condition Applications (LCAs). The reason for this temporary change in policy was to accommodate LCAs which have been delayed past the 7-day LCA processing window. Pursuant to [...]
During a recent AILA conference, the Vermont Service Center (VSC) Director Dan Renaud told the audience that the performance review structure for adjudicating officers has recently changed. Pursuant to the new performance review structure, officers get credit for issuance of Requests for Evidence (RFES), in addition to issuing approvals and denials, under the previous performance [...]
The U.S. Citizenship and Immigration Service (USCIS) is set to begin accepting H-1B visa applications pursuant to its Fiscal Year 2011 (FY2011) quota. The first day on which USCIS will accept new, cap-subject H-1B petitions, is April 1, 2010. About the H-1B Program and the Annual Cap The H-1B visa category was created in 1990 [...]