Category Archives: USCIS

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

Filed Under: Burden of Proof, Evidence Standard, H-1B Visas, L-1 Visas, Nonimmigrant Visas, Policy Memorandum | Tagged , , , , | Comments Off on 2014 USCIS Ombudsman Report: Ongoing Issues with Case Adjudication and Service Requests

USCIS Revises Form I-693 Validity Period

USCIS has revised its policy regarding the validity period for Form I-693, Report of Medical Examination and Vaccination Record. Form I-693 is submitted to USCIS to establish that an applicant is not inadmissible to the United States on public health grounds. Effective June 1, 2014, Form I-693 filed in support of a benefit application such as an I-485, is now … 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

Filed Under: H-1B Cap, H-1B Visas, Nonimmigrant Visas, USCIS | Tagged , , | Comments Off on USCIS to begin H-1B premium processing April 28

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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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

Filed Under: H-1B Cap, H-1B Visas, Nonimmigrant Visas, USCIS | Comments Off on USCIS announces the FY 2015 H-1B Cap has been reached

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

Filed Under: Department of Labor, H-1B Visas, ICE, Immigration Enforcement, Nonimmigrant Visas, USCIS | Comments Off on Employment Agency Owner Charged with H-1B Fraud

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

As India and China EB-2 Priority Dates Advance, Does a Freeze or Retrogression Look Likely in 2012?

The U.S. Department of State just issued the January 2012 Visa Bulletin, heralding a ten month improvement in priority date cut-offs for Indian and Chinese nationals in the second employment-based visa preference category, more commonly known as the “EB-2” classification.  While this rapid advancement in visa cut-off dates is truly welcome news, eligible EB-2 visa beneficiaries are well advised to … more

Filed Under: Department of State, EB-2, EB-3, Green Card, I-140, I-485 Adjustment of Status, Priority Dates, U.S. Embassies and Consulates, USCIS, Visa Bulletin | 1 Comment