Tag Archives: USCIS

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 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

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

USCIS Finally Issues Official H-1B Cap Count for FY2011

Now that a full week has passed since the opening of the filing period for cap-subject H-1B visa petitions, USCIS has finally issued its first official tally of the number of filings received thus far toward the FY2011 H-1B visa cap. The immigration agency has announced that as of April 8, 2010, it has received a total of 19,100 H-1B … more

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H-1B Cap Count: USCIS’ Vermont Service Center Discloses Initial FY2011 H-1B Cap Usage Numbers

The American Immigration Lawyers Association (AILA) is reporting that U.S. Citizenship and Immigration Services received a total of 9,525 cap-subject H-1B petitions at its Vermont Service Center as of the close of business on Monday, April 5, 2010.  It should be noted that these preliminary numbers do not include FY2011 H-1B cap-subject cases received by the California Service Center (CSC).  For more info … more

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Immigration Authorities Play Hardball; Possible Removal for Terror Attack Widow and Criminal Convictions for CBP Officer and Immigration Attorney

The conventional wisdom is that a Comprehensive Immigration Reform bill has no chance of passage unless Congress and the public are convinced that the Obama administration is serious about going after immigration violators. Perhaps that’s why the widow of a rabbi murdered in the Mumbai terrorist attacks finds herself subject to travel restrictions and possible removal after overusing her visitor’s visa by regularly … more

Filed Under: CBP, Immigration Enforcement, Immigration Reform, Uncategorized, USCIS | Tagged , , , , , | Comments Off on Immigration Authorities Play Hardball; Possible Removal for Terror Attack Widow and Criminal Convictions for CBP Officer and Immigration Attorney

AILA Responds to USCIS Neufeld Memo on H-1B “Employer-Employee” Relationship

On March 19, 2010, the American Immigration Lawyers Association (AILA) submitted a memo to U.S. Citizenship and Immigration Services (USCIS) leadership addressing issues raised by the January 8, 2010 policy memorandum titled “Determining Employer-Employee Relationship for Adjudication of H-1B Petitions, Including Third-Party Site Placements,” commonly known as the Neufeld H-1B Memo. AILA’s response raises some very interesting points that seem to … more

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USCIS releases new G-28 form; havoc ensues as numerous problems become evident

File this one under the “If ain’t broke, don’t fix it” category.  A press release issued by U.S. Citizenship and Immigration Services (USCIS) on October 1, 2009 announced the publication of a newly revised Form G-28.  Soon thereafter, the new G-28 surfaced, and all Hell broke loose.  Literally.  For those who don’t know, the G-28 is the form used by … more

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BusinessWeek takes aim at crooked H-1B employers; lives with collateral damage

  BusinessWeek magazine’s latest cover story, titled “America’s High-Tech Sweatshops,” is an in-depth examination of the unscrupulous tactics that crooked employers use to commit H-1B visa fraud.  While the BusinessWeek article hardly qualifies as fair and balanced, I still give it credit for shining a glaring light on the practices of a small group of bad apples who have given the … more

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