nonimmigrant visas

December 8, 2009

BREAKING NEWS: H-1B FY2010 CAP Update

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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

December 8, 2009

Federalized Process for Obtaining PWD Requests

by Kellie N. Lego

Effective January 1, 2010, the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington, DC, will receive and process prevailing wage determination (PWD) requests for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, H-2B, E-3 (Australia), and permanent labor certification programs.

On December 19, 2008, the Department published a Final Rule addressing the Labor Certification Process and Enforcement for Temporary Employment in Occupations Other Than Agriculture or Registered Nursing in the United States (H-2B Workers), and Other Technical Changes. The Final Rule implemented a federalized process for obtaining PWD requests for use in the H-2B temporary nonagricultural labor certification program directly from the Employment and Training Administration’s (ETA) appropriate National Processing Center (NPC)–which was designated as the Chicago NPC.

Furthermore, beginning on January 1, 2010, the Final Rule also federalized PWD for use in the H-1B, H-1B1 (Chile/Singapore), H-1C, E-3 (Australia), and the permanent labor certification programs.

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.

November 19, 2009

LATEST H-1B CAP UPDATE – FY 2010 H-1B 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 November 13, 2009, 55,600 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.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

November 18, 2009

Updated Service Centers Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on November 16, 2009 with processing dates as of September 30, 2009.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

November 6, 2009

LATEST UPDATE – FY 2010 H-1B Cap Count

by Kellie N. Lego

On November 3, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of October 30, 2009, 53,800 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.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

November 5, 2009

Updated Administrative Appeals Office Processing Times

by Kellie N. Lego

The Administrative Appeals Office (AAO) Processing Times were released on November 4, 2009 with processing dates as of November 1, 2009

If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

October 30, 2009

FY10 DHS Appropriations bill signed into Law

by Kellie N. Lego

On Wednesday, October 28, 2009, President Obama signed into law the FY10 Department of Homeland Security Appropriations bill. This Law provides a three year extension for four (4) immigration related programs. Specifically, the law extends the non-minister religious worker program, the “Conrad 30” program, the EB-5 visa program, and the E-Verify program through September 30, 2012.

The information contained in this web posting was provided by:
AILA InfoNet Doc. No. 09102968 (posted Oct. 29, 2009)”

October 20, 2009

Updated Service Centers Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on October 18, 2009 with processing dates as of August 31, 2009.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

October 7, 2009

USCIS Issues Information Collection on Form I-290B

by Kellie N. Lego

The United States Citizenship and Immigration Services (USCIS) has extended information collection for Form I-290B, Notice of Appeal or Motion until November 30, 2009.

During this period, USCIS will be evaluating whether to revise Form I-290B.

Members of the public are encouraged to submit comments and/or suggestions to USCIS, especially comments regarding the estimated public burden and associated response time.

Written comments and suggestions from the public and affected agencies should address one or more of the following four points:

(1) Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;

(2) Evaluate the accuracy of the agency’s estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used;

(3) Enhance the quality, utility, and clarity of the information to be collected; and
(4) Minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology, e.g., permitting electronic submission of responses.
Continue reading