FY2012 H-1B Cap has been Exhausted

U.S. Citizenship and Immigration Services (USCIS) today announced that it received a sufficient number of petitions to reach the statutory cap for FY 2012 as of November 22, 2011.  USCIS also received more than 20,000 H-1B petitions on behalf of persons exempt from the cap under the advanced degree exemption as of October 19, 2011.  USCIS will reject cap-subject petitions for … more

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The DOL Prevailing Wage Fiasco: Two Wrongs Don’t Make a Right

It’s been a tough year for the U.S. Department of Labor’s prevailing wage program. Federal District Court Judge Louis Pollak invalidated two regulatory provisions governing the calculation of wages that employers must pay to foreign H-2B workers. DOL was instructed to promulgate new regulations by December 28, 2010. The Agency thereafter sought to delay the inevitable and requested additional time … more

Filed Under: Department of Labor, EB-2, EB-3, Green Card, I-140, I-485 Adjustment of Status, PERM, Prevailing Wages, Priority Dates, Visa Bulletin | Comments Off on The DOL Prevailing Wage Fiasco: Two Wrongs Don’t Make a Right

With EB-2 and EB-3 Priority Dates Improving Slowly, Alternative Solutions Merit Consideration

The June 2011 Visa Bulletin reinforces uncertainty, and perhaps disappointment, for Indian and Chinese nationals in the EB-2 classification.  Despite the “extra” visas intended to spill into these categories, the improvement in visa cutoff dates is moderate – ten weeks for China and fifteen for India. The EB-2 dates have not improved as much as anticipated and might not do so … more

Filed Under: EB-1, EB-2, EB-3, Green Card, I-140, I-485 Adjustment of Status, Immigration Reform, Priority Dates, USCIS, Visa Bulletin | Comments Off on With EB-2 and EB-3 Priority Dates Improving Slowly, Alternative Solutions Merit Consideration

India EB-2 Priority Dates: Congress Holds the Key to Continued Improvement

The recent India EB-2 priority date improvement announced in the May 2011 Visa Bulletin has sparked speculation regarding continued progress with the category.  Pressure is mounting on employers to file (or “re-file”) cases for employees in the EB-2 category in hopes that fresh EB-2 cases will lift their EB-3 applications from the unthinkable backlogs they’ve faced for years.  But is … more

Filed Under: Department of State, EB-2, EB-3, Green Card, H-1B Visas, Immigration Reform, Priority Dates, U.S. Embassies and Consulates, USCIS, Visa Bulletin | 20 Comments

Department of Commerce Issues Advisory Opinion on Applicability of Export Control Regulations to Staffing Firms

Shedding light on an issue that has vexed many employers of H-1B, H-1B, L-1, and O-1A foreign nationals since the new Form I-129 was unveiled last year, the U.S. Department of Commerce has issued an informal advisory opinion on the applicability of the “deemed export” provisions of the Export Administration Regulations (EAR) where foreign nationals work at a third party client … more

Filed Under: Export Controls, H-1B Visas, Immigration Enforcement, L-1 Visas, O-1 visas, USCIS | Comments Off on Department of Commerce Issues Advisory Opinion on Applicability of Export Control Regulations to Staffing Firms

Colbert teams up with UFW over immigration.

Colbert teams up with UFW over immigration. http://www.businessweek.com/ap/financialnews/D9GRIOAO0.htm

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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

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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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