Two weeks ago we wrote about the USCIS Ombudsman recommendation to modify the LCA/H-1B filing process to avoid negative consequences associated with delayed LCAs. As a response, USCIS just announced a temporary change in policy pursuant to which it will temporarily accept H-1B petitions filed without Labor Conditions Applications (LCA) that have been certified by the [...]
The Department of Labor (”DOL”) has released a quarterly report covering the second quarter of 2009 (ending on June 31, 2009) which report indicates the performance measurements for four categories of labor certifications performed by DOL: H-1B Labor Condition Applications (”LCA”). The target performance rate set by DOL is seven (business) days. For the second quarter, [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of October 30, 2009, USCIS has received approximately 53,800 H-1B petitions counting toward the 65,000 cap (an increase of 1,000 in a week). USCIS will continue to accept petitions subject to the general cap. U.S. Masters Degrees Quota Reached As we mentioned [...]
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 [...]
USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1. As of October 25, 2009, USCIS has received approximately 52,800 H-1B petitions counting toward the 65,000 cap. USCIS will continue to accept petitions subject to the general cap. Additionally, USCIS has received sufficient number of petitions for aliens with advanced degrees and [...]
Over the past months we have written extensively about the issues raised by today’s Wall Street Journal article “Slump Sinks Visa Program” but it is still an interesting read. Most of our readers are aware of the current H-1B quota and the fact that a substantial number of H-1B visas still remain available (for comparison, [...]
In a formal recommendation to USCIS, its Ombudsman has reviewed the current H-1B filing requirements with respect to LCAs and has concluded that changes to the LCA/H-1B filing process are necessary to avoid a number of negative consequences prejudicing employees and employers alike. The drive behind this policy review by the USCIS Ombudsman is a number [...]
We have reported of increased H-1B employer site visits as part of USCIS’ Administrative Site Visit Verification Program (ASVVP). Some of our clients have experienced such site visits and in this article we aim to describe the process and the kind of information sought by the site inspectors during each visit. Generally, site inspectors arrive unannounced [...]
H-1B Duration and Limits By law, the maximum duration of stay in any H status is six years. As a result, if a foreign employee held one or more kinds of H status, or held L status, then the total period spent in the U.S. in all of these statuses are added together to determine how [...]
The H-1B regulations impose certain additional recruitment and attestation requirements to so called “H-1B dependent employers.” Therefore, it becomes to understand the definition of H-1B dependent employer. Definition of H-1B Dependent Employer Pursuant to 20 CFR 655.736, an H-1B dependent employer is one which meets one of the following standards: The employer has 25 or fewer full-time equivalent [...]