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.

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

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

 

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

 

 

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

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

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

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

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

As of October 30, 2009, approximately 53,800 H-1B cap-subject petitions had been filed.  Approximately 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