H1B Visa Lawyer BlogAdministrative Appeals Office (AAO) Processing Times were released with processing dates as of 3/1/15.
If you filed an appeal, please review the link below to determine the applicable processing time associated with your particular case.
MVP “Immigration Q & A Forum” – This Friday, March 20, 2015
We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.
If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, DREAMers, Deferred Action for Childhood Arrivals, priority dates, the monthly visa bulletin, adjustment applications, etc., please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.
Our next “Q & A Forum” will take place this Friday, March 20, 2015. Act now and submit your questions!
On April 1, 2015, USCIS will start accepting H-1B Petitions for FY2016
U.S. Citizenship and Immigration Services (USCIS) announced on Thursday, March 12th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2016 cap on Wednesday, April 1, 2015. Cases will be considered accepted on the date that USCIS receives a properly filed petition for which the correct fee has been submitted; not the date that the petition is postmarked.
The cap (the numerical limitation on H-1B petitions) for FY 2016 is 65,000. In addition, the first 20,000 H-1B petitions filed on behalf of individuals with U.S. master’s degree or higher are exempt from the fiscal year cap of 65,000.
USCIS stated that it is possible that the H-1B cap will be met in the first 5 business days! Also be advised that premium processing for cap-subject H-1B petitions will begin no later than May 11, 2015. See the USCIS’s Premium Processing section for more details.
Visa Bulletin – April 2015
The Department of State has released its latest Visa Bulletin.
Click here to view the April 2015 Visa Bulletin
As projected by the U.S. Department of State, the April 2015 Visa Bulletin shows the EB2 date for nationals from India moved from 1/1/07 to 9/1/07; the EB3 date for nationals from India made a small movement from 1/1/04 to 1/8/04; the EB2 for Chinese Nationals moved from 9/1/10 to 4/1/11; the EB3 for Chinese Nationals retrogressed from 10/22/11 to 1/1/11; and EB3 for WW moved from 6/1/14 to 10/1/14; and the F2A category moved from 6/22/13 to 8/1/13, except Mexico which moved from 5/22/13 to 7/8/13. The F2A category is reserved exclusively for Spouses and unmarried children (under the age of 21) of green card holders (LPRs).
H-2B Cap Count UPDATE – 2/27/15
The H-2B non-agricultural temporary worker program allows U.S. employers to bring foreign nationals to the United States to fill temporary non-agricultural jobs. There is a cap limit of 33,000 for the first half of the fiscal year and 33,000 for the second half for a total of 66,000 per year. If the cap is not reached during the first half of the fiscal year, the extra numbers are then made available for the second half.
The H-2B cap limit for first half of FY 2015 (October 1 – March 31) is 33,000. As of the last count (1/26/15) this first half cap count has been reached. Please read USCIS update below!
The H-2B cap limit for second half of FY 2015 (April 1 – September 30) is 33,000. As of the last count (2/27/15); 14,740 beneficiaries have been approved and 1,779 are pending for a total of 16,519.
USCIS Temporarily Suspends Adjudication of H-2B Petitions As of 3/5/2015
On Thursday, March 5, 2015, the U.S. Citizenship and Immigration Services (USCIS) temporarily suspended adjudication of Form I-129 for H-2B petitions for temporary non-agricultural workers!
As a result of a federal court decision on March 4, 2015 (Perez v. Perez, No. 3:14-cv-682 (N.D. Florida, Mar. 4, 2015)) against the Department of Labor (DOL), the DOL can no longer accept or process requests for Prevailing Wage Determinations or temporary labor certifications under the H-2B Visa program. A Federal Judge vacated the DOL’s 2008 H-2B regulations on the ground that the DOL lacks the authority under the Immigration and Nationality Act (INA) to issue regulations in the H-2B program. USCIS has also temporarily suspended its adjudication of H-2B petitions because H-2B petitions require temporary labor certifications issued by the DOL. The USCIS has stated that the suspension is temporary while they consider the appropriate response to the court order.
H-2B visas are available for individuals to perform nonagricultural work of a temporary or seasonal nature, if U.S. workers capable of performing such service or labor cannot be found in the U.S. This classification requires the Sponsoring Employer to conduct active recruitment to determine if U.S. workers are available to fulfill the temporary need.
Updated Service Center Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on 2/27/15 with processing dates as of 12/31/14.
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.
MVP LAW GROUP – Immigration Q&A Forum, Friday, March 6, 2015
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. Therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 – Temporary Work Visa – E3 Australian Visa
As an Australian, I am eligible for an E-3 visa, but my potential employer has suggested I am eligible and should look into an H1-B visa too. What is the difference, and which is preferable?
DHS Funding bill passed!
On Tuesday, March 3rd, the House of Representatives passed a bill to fund the Department of Homeland Security (DHS) through to the end of the fiscal year (September 30, 2015)! It was a clear bill sent over from the Senate and had no attachments targeted at President Obama’s executive actions on immigration. The vote was 257-167 and now the bill goes to President Barack Obama for his signature, which he has said he would sign. Most House Republicans voted against the bill. The winning vote was comprised of just 75 Republicans and 182 Democrats.
Source of Information:
CNN.com, 3/4/15, Article:
Congress Approves One Week Funding Bill for DHS!
Congress passed a stop-gap funding bill, late Friday night, (2/27/15) funding the Department of Homeland Security (DHS) for one more week. This temporary funding is set to run out at 11:59 p.m. this Friday, (3/6/15).
The House tried earlier on Friday to pass a three week temporary funding bill but it was voted down, which was a surprise to the Speaker of the House, John Boehner. It was reported that some House Republicans voted against it because it failed to remove funding for President Obama’s executive actions on Immigration (11/20/14). Some House Democrats voted against it for not funding DHS through the end of the fiscal year.
Source of Information: