H-1B Cap

February 10, 2010

USCIS Guidance for Recipients of TARP Funding Filing H-1B Petitions

Due to the passage of the Employ American Worker Act (EAWA), the USCIS is required to collect Troubled Assets Relief Program (TARP) information on each H-1B petitioning employer. Under the EAWA legislation, any company that has received TARP funding and seeks to hire new H-1B workers is considered an “H-1B dependent employer.” An H-1B dependent employer must make additional statements to the U.S. Department of Labor (DOL) regarding the recruitment and non-displacement of U.S. workers when filing a Labor Condition Application (LCA).

After enactment of EAWA, USCIS revised its Form I-129, Petition for Non-immigrant Worker, to include a question asking whether the employer has received TARP funding.

It has come to the attention of the USCIS that some businesses who have received TARP funds may have repaid their obligations and may not know how to proceed with completing Form I-129 when filing for new H-1B hires.

January 28, 2010

Filing an H-1B nonimmigrant cap/transfer/extension/amended visa petition after the release of the “MEMO”

by Kellie N. Lego

In support of an H-1B petition, a petitioner must not only establish that the beneficiary is coming to the United States temporarily to work in a specialty occupation but the petitioner must also satisfy the requirement of being a U.S. employer by establishing that a valid employer-employee relationship exists between the U.S. employer and the beneficiary throughout the requested H-1B validity period. The Petitioner must also file an LCA specific to EACH location where the beneficiary will be working.

“United States employer,” is defined at C.F.R. 214.2(h)(4)(ii) as follows:

United States employer means a person, firm, corporation, contractor, or other association, or organization in the United States which:

January 8, 2010

FY2011 H-1B CAP preparation & filing SPECIAL

by Kellie N. Lego

MVP Law Group is currently offering the following special for FY2011 Cap Subject H-1B petitions – complete an H-1B questionnaire and send all requested documents to our office by February 28, 2010 and save $150.00.

Our normal legal fees are $1500.00 plus an administrative fee of $150.00 per petition.

Act Now, Don’t Delay! Contact our office today!

December 24, 2009

Alternatives to the H-1B Visa for Individuals who did not make the H-1B Quota

by Kellie N. Lego

Now that all of the new H-1B visas for the 2010 Fiscal Year have been allocated, What options do Employers who are looking to hire Foreign National Professionals have?

Here are some creative solutions to this problem:

O-1 Visa

December 23, 2009

UPDATED – FY2010 H-1B CAP REACHED

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has received sufficient H-1B petitions to reach the statutory cap of 65,000 for FY2010.

New H-1B Petitions filed after December 21, 2009 seeking an employment start date in FY2010 will be rejected by USCIS. Furthermore, the Service will apply a computer-generated random selection process to all petitions that were eligible and received on December 21, 2009.

Stay posted for H-1B filing specials for the FY2011 H-1B CAP!

December 18, 2009

LATEST UPDATE: H-1B FY2010 CAP COUNT

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of December 15, 2009, 64,200 H-1B cap subject non-immigrant visa petitions have been filed with the USCIS.

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.

December 14, 2009

UPDATE: H-1B FY2010 CAP COUNT

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of December 10, 2009, 62,500 H-1B cap subject non-immigrant visa petitions have been filed with the USCIS.

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.

December 10, 2009

H-1B FY2010 CAP Update

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of December 8, 2009, 61,500 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS.

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.

December 8, 2009

BREAKING NEWS: H-1B FY2010 CAP Update

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of December 4, 2009, 61,100 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS.

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.

November 30, 2009

H-1B FY2010 CAP Update

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of November 27, 2009, 58,900 H-1B cap subject nonimmigrant visa petitions have been filed with the USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Qualifying applicants are still able to petition for an H-1B nonimmigrant visa under the general cap.