As of September 25, 2009, approximately 46,700 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

H1B Visa Applications Can Still Be Filed until either the quota is filled or until the end of this fiscal year 2010, which ends on September 30, 2010.  USCIS will therefore continue to accept H1B visa applications until the quota is filled or until September 30, 2010 -- whichever comes first.

If you are looking to file an H1B visa and start working immediately, please contact our office immediately to discuss your case.  Contact us toll free at 800-993-9097 or email us at info@usimmhelp.com. 

Source: USCIS Cap Count

Processing Queue	Priority Dates
	Month	Year
Final Reviews	December	2008
Audits	October	2007
Standard Appeals	August	2007
Gov't Error Appeals	Current

Source: iCERT Portal, 09/30/2009

Introduction

U.S. Citizenship and Immigration Services (USCIS) is clarifying for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

Background

USCIS has received inquiries from the public and at the Service Centers that reveal confusion regarding the circumstances under which an agent may file O and P petitions on behalf of multiple employers. 

Discussion

Under 8 CFR 214.2(o)(2)(i) and 8 CFR 214.2 (p)(2)(i), O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S agent. 

Both the O and P regulations provide that if the beneficiary employee will work concurrently for more than one employer within the same time period, each employer must file a separate petition with the Service Center that has jurisdiction over the area where the alien will perform services, unless an “established agent” files the petition.  See 8 CFR 214.2(o)(2)(iv)(B) and  8 CFR 214.2(p)(2)(iv)(B). 

A petition filed by an agent is subject to several conditions.  A petition involving multiple employers may be filed by a person or company in business as an agent as the representative of both the employers and the beneficiary, if: 

    - The supporting documentation includes a complete itinerary of the event or events.  

 - The itinerary specifies the dates of each service or engagement, the names and addresses of the actual employers, and the names and addresses of the establishments, venues, or locations where the services will be performed. 

  - The contract between the employers and the beneficiary is submitted.  

  - The agent explains the terms and conditions of the employment and provides any required documentation.

See 8 CFR 214.2(o)(2)(iv)(E)(2) and (p)(2)(iv)(E)(2).  In addition, an agent who is also the beneficiary’s employer may file a petition, but the agent must specify the wage offered and the other terms and conditions of employment as described in the contractual agreement between the agent/employer and the beneficiary employee.  8 CFR 214.2(o)(2)(iv)(E)(1) and (p)(2)(iv)(E)(1).  Therefore, while the regulations permit an agent to file a petition on behalf of multiple employers (including the agent/employer itself), the regulations require that the agent be “in business” as an agent. 
An employer that files a petition on behalf of other employers under the guise of being such employers’ “agent” does not meet this condition.  For example, if Employer A files a petition for a beneficiary it will be sponsoring, and submits an itinerary that includes performances for the beneficiary with other employers, at different times, and at different venues, USCIS generally would only approve the petition for Employer A and deny the petition with respect to the other employers. 

Such a petition may be approved with respect to all employers only if Employer A can establish to the satisfaction of USCIS that it is “in business as an agent,” and that the other employers are its clients.  This may be accomplished by agent-Employer A submitting all of the required evidence listed above, as well as evidence of the agency relationship, such as a copy of its contract with the other employers.

Source: USCIS Update, 10/07/2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) issued guidance on October 7, 2009  to clarify for performing arts associations and their members the regulatory requirements for agents who file as petitioners for the O and P visa classification.

O and P visas apply to non-immigrants with extraordinary ability in the sciences, arts, education, business or athletics, or in the motion picture and television field.  O and P petitions may only be filed by a U.S. employer, a U.S. agent, or a foreign employer through a U.S. agent. 

USCIS has received numerous inquiries involving petitions that name multiple employers, and are filed by one of those employers on behalf the other employers.  USCIS does not consider such filings to be permissible under the regulations where the petitioner does not establish that it is “in business” as an agent. 

Source: USCIS Fact Sheet, USCIS Update 10/07/2009

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) today announced a new address for prospective adoptive parents to submit Form I 600, Petition to Classify Orphan as an Immediate Relative, and Form I 600A, Application for Advance Processing of Orphan Petition.  While the change takes affect today, applicants have a 30-day transistion period before USCIS will return incorrectly filed petitions.
 
Applicants were previously required to file at a local USCIS field office. The Direct Mail Program allows USCIS to process applications more efficiently by eliminating duplicative work, and maximizing staff productivity.

Beginning today, applicants in the United States, who are filing to adopt an orphan, must submit Forms I 600, I 600A, and all supporting documents and fees to the following address: 

Regular Mail	Express Mail and Courier Service deliveries
USCIS P.O. Box 299027  Lewisville, TX 75029	USCIS ATTN: Hague 2501 S. State Hwy. 121 Business, Suite 400 Lewisville, TX 75067

 

Source: USCIS News, 10/06/2009

WASHINGTON— U.S. Citizenship and Immigration Services (USCIS) announced today that filing location of forms relating to the adoption of a foreign child under the Hague Adoption Convention has changed.  Beginning today, U.S. citizens seeking to adopt a foreign child under the Hague Adoption Convention must submit Forms I-800, Petition to Classify Convention Adoptee as an Immediate Relative, and I-800A, Application for Determination of Suitability to Adopt a Child from a Convention Country, and all related supplements, forms, and fees to the USCIS lockbox facility located in Lewisville, Texas for initial processing, using the following address: 

Regular Mail	Express Mail and Courier Service deliveries
USCIS P.O. Box 299008  Lewisville, TX 75029	USCIS ATTN: Hague 2501 S. State Hwy. 121 Business, Suite 400 Lewisville, TX 75067

Source: USCIS News, 10/06/2009

U.S. Citizenship and Immigration Services (USCIS) is reminding the public that beginning Oct. 1, all citizenship applicants must take the new naturalization test, regardless of when they filed their Application for Naturalization (Form N-400).

“Becoming a United States citizen carries with it extraordinary rights and responsibilities,” said USCIS Director Alejandro Mayorkas.  “Our new test captures the meaning of citizenship and is consistent with our values and history as a nation.” 

The revised naturalization test will help strengthen integration efforts by emphasizing fundamental concepts of American democracy, basic U.S. history, and the rights and responsibilities of citizenship.

USCIS began administering the new naturalization test Oct. 1, 2008, with two basic objectives – to ensure a uniform test administration nationwide and to develop a civics test that can effectively assess an applicant’s knowledge of U.S. history and government.  Up until Oct. 1, 2009, applicants who had filed for naturalization before Oct. 1, 2008, had a choice of taking the old test or the new test.  Currently, the overall pass rate for the new test is 91 percent.

Source: USCIS News, 09/30/2009

WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) announced today that the Office of Management and Budget has extended its approval of Form I-9 (Employment Eligibility Verification) to Aug. 31, 2012. Consequently, USCIS has amended the form to reflect a new revision date of Aug. 7, 2009.

Employers may use the Form I-9 with the revision date of either Aug. 7, 2009 or Feb. 2, 2009. The revision dates are located on the bottom right-hand portion of the form.

Fact Sheet 08/27/2009