Articles Posted in nonimmigrant visas

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On June 30, 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 June 26, 2009, 44,800 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS 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.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

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On June 24, 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 June 19, 2009, 44,500 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS 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.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on June 15, 2009 with processing dates as of April 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

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Last week, a Washington District Court ordered the United States Citizenship and Immigration Service (USCIS) to begin accepting concurrently-filed I-360 and I-485 petitions. The District court ordered that the bar against concurrent filings on behalf of religious workers, as set forth in 8 C.F.R. § 245.2(a)(2)(i)(B), was an impermissible construction of 8 U.S.C. § 1255(a) and was therefore invalid and unenforceable.

The USCIS shall begin accepting concurrently-filed applications (I-360 and I-485) provided that the applicant meets all of the filing requirements.

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On June 11, 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 June 5, 2009, 44,400 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS 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.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

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Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on May 15, 2009 with processing dates as of March 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

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The Department of Labor (DOL) has informed a liaison of the American Immigration Lawyers Association (AILA) that they will continue to keep the old Labor Condition Application (LCA) system operable for a specified time.

The reasons behind allowing the old LCA system to remain operational through June 30, 2009 are two-fold. First, the DOL wanted time to continue to evaluate issues of concern regarding the LCA system. The DOL has received numerous complaints and issues from users of the system. Secondly, the DOL wanted to give users more time to become familiar with the new LCA system.

If you have any questions about the new LCA system, please feel free to contact our office.

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The Department of State has released its latest Visa Bulletin. The June 2009 visa bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the June 2009 Visa Bulletin
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On May 4, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. USCIS has received 45,000 H-1B nonimmigrant visa petitions. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS 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. Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

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