H1B Visa Lawyer Blog

March 27, 2013

“Path to Citizenship” – Senate Plan proposes time periods

The Bipartisan “Gang of Eight” Senators working on Immigration Reform have proposed a “Path to Citizenship” for the 11 million undocumented immigrants in this nation. After qualifying, they would have to wait ten (10) years for a Green Card and another three (3) years to be eligible for citizenship. The overall time period of thirteen (13) years is the same as the President’s proposal, but President Obama’s proposal would have them wait eight (8) years for a Green Card and five (5) years for citizenship. In both situations, the undocumented immigrants would be required to pay penalties, file back taxes and learn English. Please read the article linked here for more details, “A Senate Plan Alters Waiting Periods for Immigration“.

MVP Law Group would like our blog readers to email us with your own questions or comments about Immigration Reform. We may include them in future blog posts on the subject! Remember, MVP Law Group always invites Immigration related questions for our bimonthly Immigration Q&A Forum!

View the links below for more detail on the subject:

March 26, 2013

H-1B cap opens April 1st

by Kellie N. Lego

Don’t forget, MVP Law Group has been accepting cap-subject H1B cases since the beginning of February 2013. Although cap-subject cases cannot be filed before April 1st, there is work to be done preparing a good case for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. With the U.S. economy improving and the history of the H1B cap, this could prove to be a short filing season. Contact MVP Law Group and let’s get started!

Note: The H-1B cap for FY2013 was reached by June 11, 2012!

MVP Immigration Blog (1/8/13) Post:

March 25, 2013

MVP “Immigration Q & A Forum” – This Friday, March 29, 2013

by Kellie N. Lego

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 29, 2013. Act now and submit your questions!

March 22, 2013

H-2B Cap Count UPDATE – 3/15/2013

by Kellie N. Lego

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.

The H-2B cap limit for first half of FY 2013 (October 1 – March 31) is 33,000. As of the last count (3/15/2013); *41,820 beneficiaries have been approved and 679 are still pending for a total of *42,499.

The H-2B cap limit for the second half of FY 2013 (April 1 – September 30) is 33,000. As of the last count (3/15/2013); 12,314 beneficiaries have been approved and 3,864 are pending for a total of 16,178.

March 21, 2013

DACA Statistics – USCIS Update through 3/14/13

by Kellie N. Lego

These USCIS statistics on DACA cases from 8/15/12 to 3/14/13 show a total of 453,589 DACA requests accepted for processing, 442,041 biometric services appointments scheduled, and 245,493 requests approved.

The data also shows the number of accepted requests from the top ten countries of origin and the top ten states of residence. Mexico was the top county of origin with 338,334 received to date. California was the top state of residence with 128,412 received to date.

View the (.PDF) USCIS Report, “Deferred Action for Childhood Arrivals Process (March, 2013)“

March 20, 2013

USCIS to Accept H-1B Petitions for Fiscal Year 2014 on April 1, 2013

by Kellie N. Lego

U.S. Citizenship and Immigration Services (USCIS) announced on Friday, March 15th that it will begin accepting H-1B petitions subject to the Fiscal Year (FY) 2014 cap on Monday, April 1, 2013. 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 2014 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 on April 15, 2013. See the USCIS’s Premium Processing section for more details.

March 19, 2013

Immigration Reform – President meets with Religious Community

by Kellie N. Lego

President Obama and members of his senior staff met last Friday (3/8/13) with a diverse group of religious leaders from across America. I have included the list of participants below. The White House meeting was held to update these leaders on the progress of immigration reform and to give them a chance to voice their concerns. The discussions were off-the-record; however, it was reported the discussions involved “Family-based Immigration”, “Path to Citizenship”, LGBT rights and many others. One participant, Dieter Uchtdorf from the Church of Jesus Christ of Latter Day Saints stated, “We were a very small group, and so everyone had a chance to say their piece”. Uchtdorf also stated, “The President was very warm and friendly, and seemed interested in what we had to say.”

MVP Law Group realizes that humanity is a hard thing to legislate! We feel the President is on the right path by including as many perspectives as possible in the discussion.

Participants in the meeting included:

March 18, 2013

Important Reminder – H-1B cap opens April 1st

by Kellie N. Lego

Don’t forget, MVP Law Group has been accepting cap-subject H1B cases since the beginning of February 2013. Although cap-subject cases cannot be filed before April 1st, there is work to be done preparing a good case for filing. All of this work must be done in advance, so that the H1B petition package can be filed as early as permitted under the law. By beginning early, it is possible to avoid some of the rush and panic that inevitably sets in right before April 1st and lasts until the cap is reached. With the U.S. economy improving and the history of the H1B cap, this could prove to be a short filing season. Contact MVP Law Group and let’s get started!

Note: The H-1B cap for FY2013 was reached by June 11, 2012!

MVP Immigration Blog (1/8/13) Post:

March 15, 2013

H1B CAP NEWS: USCIS Announcement Regarding Premium Processing for H-1B Cap-Subject Petitions

by Kellie N. Lego

The filing period for H-1B petitions subject to the fiscal year (FY) 2014 numerical cap begins on April 1, 2013. USCIS anticipates that it may receive more than 65,000 cap-subject H-1B petitions and more than 20,000 petitions filed on behalf of individuals with a U.S. master’s degree or higher between April 1, 2013, and April 5, 2013. This could be the first time since April 2008 that the H-1B cap will require a lottery.

USCIS provides premium processing service for certain employment-based petitions and guarantees a 15-calendar-day processing time. Due to the historic premium processing receipt levels, combined with the possibility that the H-1B cap will be met in the first 5 business days of the filing season, USCIS has temporarily adjusted its current premium processing practice. To facilitate the prioritized data entry of cap-subject petitions requesting premium processing, and in accordance with 8 CFR 103.7(e)(3)(ii), USCIS is announcing that premium processing for cap-subject H-1B petitions, including H-1B petitions seeking an exemption from the fiscal year cap for individuals who have earned a U.S. master’s degree or higher, will begin on April 15, 2013.

USCIS will continue to accept Form I-907, Request for Premium Processing Service, with fee, concurrently with the Form I-129, Petition for Nonimmigrant Worker, during the time period that premium processing is unavailable – from April 1 to April 14, 2013. Petitioners may also upgrade a pending H-1B cap petition to premium processing once a receipt notice is issued. All requests for premium processing received between April 1, 2013, and April 14, 2013, will be adjudicated when premium processing begins on April 15, 2013.

March 15, 2013

MVP LAW GROUP – Immigration Q&A Forum, Friday, March 15, 2013

by Kellie N. Lego

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 – General

What jobs are considered STEM occupations?