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To offer you the best possible immigration representation, we provide our clients with the latest immigration laws, policies, and news.  We update our immigration blog on a daily basis  and routinely contact our clients with developments relevant to their situation.  If you would like to be added to our mailing list for immigration updates, please enter your email address below.  

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Monday, January 18, 2010

Prepare Now - H1B VISA FOR FISCAL YEAR 2011

H1B VISA FOR FISCAL YEAR 2011

Due to the recent changes in the new labor condition certification (LCA) process and greater scrutiny of H1B visa application, it is strongly recommended that the H1B visa process is started as soon as possible. 

Preparation time is key now, more than ever, with the new LCA certification process taking a minimum of 2 weeks and up to 4 weeks should the employer undergo a business verification process.

Contact Us Today Toll Free 800.993.9097 or Email us at
info@usimmhelp.com.

Mon, January 18, 2010 | link 

USCIS Memorandum Guidance on H1B Employer-Employee Relationship

USCIS issued updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty occupation’ classification.  The Neufeld Memo clarifies such relationships, particularly as it pertains to independent contractors, self-employed beneficiaries, and beneficiaries placed at third-party worksites. The Neufeld Memo also discusses the types of evidence petitioners may provide to establish that an employer-employee relationship exists and will continue to exist with the beneficiary throughout the duration of the requested H-1B validity period.

1. Memorandum: Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements Source:
Neufeld Memo, January 8, 2010

2. Questions & Answers: USCIS Issues Guidance Memorandum on Establishing the "Employee-Employer Relationship" in H-1B Petitions Source:
USCIS Questions and Answers, January 13, 2010

Mon, January 18, 2010 | link 

Monday, December 21, 2009

USCIS Update: Change of Filing Location for Form N-400
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today announced revised addresses for applicants filing an Application for Naturalization (Form N-400) at USCIS Lockbox facilities in Phoenix and Dallas.  This filing address change takes effect immediately. Applicants who previously filed their applications at the Lewisville Post Office (P.O.) box will now file their applications at a P.O. Box in Dallas.  See address below. In addition, the table below includes a change to the USCIS Phoenix Lockbox address.  Starting immediately, applicants filing Form N-400 at the USCIS Dallas or Phoenix Lockbox must submit the application and all supporting documents and fees to the following addresses, based on where they live.

Source: USCIS Update

 

Mon, December 21, 2009 | link 

2010 H1B Cap Count Now 64,200

As of December 15, 2009, approximately 64,200 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.  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. Source: Fiscal Year 2010 H-1B Cap Count

 

 

Mon, December 21, 2009 | link 

Thursday, December 3, 2009

H1B Visas (2010FY) Still Available, Apply Immediately

As of November 27, 2009, approximately 58,900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.  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.

Source: USCIS Press Release

Thu, December 3, 2009 | link 

DECEMBER 2009 VISA BULLETIN

Employment Based Visa Bulletin

Categories

Worldwide

China (mainland)

India

Mexico

Philippines

EB-1: Priority Workers

Current

Current

Current

Current

Current

EB-2: Advanced Degree or Exceptional Ability

Current

01APR05

22JAN05

Current

Current

EB-3: Skilled Workers

01JUN02

01JUN02

01MAY01

01JUN02

01JUN02

Unskilled

01JUN01

01JUN01

01MAY01

01JUN01

01JUN01

EB-4: Special Immigrants

Current

Current

Current

Current

Current

Religious Workers

Current

Current

Current

Current

Current

EB-5: Target Area Investment

Current

Current

Current

Current

Current

 

Family Based Visa Bulletin

Categories

Worldwide

China (mainland)

India

Mexico

Philippines

1st: Unmarried sons and daughters of US Citizens

22JAN04

22 JAN 04

22JAN04

01AUG92

01NOV93

2A: Spouses and Unmarried Children (under 21) of Permanent Resident

01NOV05

01NOV05

01NOV05

01OCT03

01NOV05

2B: Unmarried Children (over 21) of Permanent Resident

01NOV01

01NOV01

01NOV01

01JUN92

01JUL98

3rd: Married Children of US Citizen

22MAY01

22MAY01

22MAY01

22AUG92

15NOV91

4th: Brothers and Sisters of US Citizen

08SEP99

08SEP99

08SEP99

15NOV95

22MAR87

Source: US Department of State

Thu, December 3, 2009 | link 

Saturday, November 21, 2009

H1B Visas Still Available, Apply Now

As of November 13, 2009, approximately 55,600 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65,000.  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.

Source: USCIS H1B 2010 Count


Sat, November 21, 2009 | link 

Older Version of Form G-28 Accepted Until Further Notice

U.S. Citizenship and Immigration Services (USCIS) announced today that the previous version of the Notice of Entry of Appearance as Attorney or Representative (Form G-28) will be accepted until further notice.

Source: USCIS Update

Sat, November 21, 2009 | link 

USCIS Update: Temporary Acceptance of H-1B Petitions Without Department of Labor Certified Labor Condition Applications (LCAs)

WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) is announcing a 120-day period in which it will temporarily accept H-1B petitions filed without Labor Condition Applications (LCAs) that have been certified by the Department of Labor (DOL).

As a public accommodation, USCIS will begin to accept H-1B petitions filed with uncertified LCAs for a 120-day period, commencing November 5, 2009 and through March 4, 2010.  However, USCIS will only accept such H-1B petitions if they are filed at least 7 calendar days after the LCAs were filed with DOL and include evidence of these filings.  The only acceptable evidence of filing is a copy of DOL’s email giving notice of receipt of the LCA.

Source: USCIS Update

Sat, November 21, 2009 | link 

Friday, November 6, 2009

File H1B Visa Now, Estimated 6,200 H1B Visas Remaining
As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filedApproximately 6,200 H1B visas are remaining to date.  USCIS has approved sufficient H1-B petitions for aliens with advanced degrees to meet the exemption of 20,000 from the fiscal year 2010 cap.  Any H1-B petitions filed on behalf of an alien with an advanced degree will now count toward the general H1-B cap of 65,000.  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.If you are considering filing an H1B visa for this year, it is recommended that you take action now and file your H1B visa application before the quota is filled.  Otherwise you will have to wait until next year to be able to file an H1B visa application.Contact us today to discuss your H1B visa case at 800-993-9097.Source: USCIS H1B Cap Count
Fri, November 6, 2009 | link 

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