Category Archives: Nonimmigrant Visas

As FY2017 H-1B filing begins, yet another study confirms the role of immigrants as job creators

To most Americans, April 1st is known as April Fools’ Day, but to immigration attorneys and many of their clients, April 1st is better known as the day when U.S. Citizenship and Immigration Services (USCIS) begins accepting petitions that will be counted against the coming fiscal year’s allocation of H-1B visas. Over the past year, many presidential candidates and much of … more

Filed Under: Green Card, H-1B Cap, H-1B Visas, Nonimmigrant Visas, USCIS | Tagged , , , , , , , | Leave a comment

2014 USCIS Ombudsman Report: Ongoing Issues with Case Adjudication and Service Requests

The 2014 USCIS Ombudsman Annual Report, released on June 27, highlighted several ongoing problems with the adjudication of H-1B and L-1 petitions and with responses to service requests. Stakeholders primary concern with adjudication is the issuance of unnecessary and unduly burdensome Requests for Evidence (RFEs).  Currently, 43 percent of L-1A petitions and 50 percent of L-1B petitions receive an RFE.  In … more

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Study finds H-1B Cap had a significant negative impact on U.S. technology industry

The Partnership for a New American Economy recently published a study showing the detrimental consequences of the H-1B Cap on the U.S. technology industry.  The study examined how the 2007 and 2008 H-1B lotteries that resulted due to more than the allotted 85,000 petition being filed within the first 90 days of the application period, affected the number of jobs and … more

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USCIS to begin H-1B premium processing April 28

On April 17, USCIS confirmed that it would begin H-1B premium processing for FY2015 cap-subject petitions on April 28 which was the target date set in a March 25 press release. Premium processing includes H-1B cap subject petitions as well as H-1B petitions seeking exemption from the cap for individuals with a U.S. masters degree or higher. Premium processing requests guarantee … more

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USCIS updates H-2B Cap Count

On April 11, USCIS updated the FY 2014 cap count for H-2B visas.  H-2B visas are for temporary non-agricultural workers and can be renewed for a period not to exceed three years. Currently, 66,000 H-2B visas are allotted for every fiscal year and are divided evenly between the first and second halves of a given fiscal year. To date, USCIS … more

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BRAIN Act would create new visa for STEM doctoral graduates

Last week Rep. Michael Capuano (D-MA) introduced a bill in the U.S. House of Representatives which would create a new class of employment-based visas designed specifically to keep foreign students who graduate from U.S. doctoral programs in science, technology, engineering, and mathematics (STEM) related fields in the United States.  The Best Return on America’s Investment Now (BRAIN) Act would create an … more

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DHS to publish new rules regarding employment authorization for H-4 visa holders

The U.S. Department of Homeland Security (DHS) is set to publish new rules regarding employment authorization for spouses of some H-1B workers. Although DHS has not revealed full details of its proposed rulemaking, it is expected to grant eligibility for employment authorization to H-4 visa holders who are spouses of H-1B workers who have filed for lawful permanent residence through employment … more

Filed Under: EAD - Employment Authorization, H-1B Visas, H-4 visas, I-485 Adjustment of Status, Nonimmigrant Visas, Priority Dates, Visa Bulletin | Comments Off on DHS to publish new rules regarding employment authorization for H-4 visa holders

USCIS announces the FY 2015 H-1B Cap has been reached

U.S. Citizenship and Immigration Services announced on April 7, 2014 that the FY2015 H-1B cap and Masters cap have been reached. USCIS indicated it received approximately 172,500 petitions for the 65,000 H-1B slots and 20,000 Masters slots available for FY 2015. As such, a computer generated random selection, or lottery process, was completed on April 10.  Petitions and their accompanying filing … more

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Employment Agency Owner Charged with H-1B Fraud

From a U.S. Immigration and Customs Enforcement Press Release… The owner of a Los Angeles employment agency has been indicted on immigration fraud charges for allegedly filing more than 100 phony H-1B visa petitions on behalf of aliens she falsely claimed had been recruited for positions with prominent hospitals and non-profit organizations. Lilia Tabafunda, 57, the owner of People’s Resources … more

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The Great Overseas Jobs Creator

A US Chamber of Commerce sponsored event early this year underscored the visa challenges facing multinational giants.  Companies described their L-1 intracompany visa woes to USCIS Director Alejandro Mayorkas, reporting that they do not have the needed flexibility to deploy professional resources to the US for various projects, whether in the manufacturing sector or the information technology arena.  The bottom … more

Filed Under: Department of Labor, Department of State, Green Card, H-1B Visas, Immigration Reform, L-1 Visas, Nonimmigrant Visas, Priority Dates, USCIS, Visa Bulletin | Tagged , , | Comments Off on The Great Overseas Jobs Creator