The California Service Center (CSC) has issued a statement regarding what type of documentation is sufficient proof that an H-1B beneficiary has completed the requisite degree requirements for the specialty occupation. The documentation that may be submitted to satisfy the degree requirements includes: (1) a final transcript; (2) a letter…
H1B Visa Lawyer Blog
Award of Payment of Back Wages to VA Aliens Hired under the H-1B Program is BARRED by U.S. Federal Government’s Sovereign Immunity
The Department of Labor (DOL) determined that the Department of Veteran’s Affairs (VA) failed to pay the prevailing wage to eleven alien physicians employed by VA hospitals pursuant to the H-1B visa program. The H-1B is an employment based nonimmigrant visa that enables United States employers to seek highly skilled…
AAO approved EB-2 petition – Foreign degree found equivalent to U.S. “M.D.”
The Administrative Appeals Office (AAO) recently withdrew the decision of the Director, Texas Service Center (TSC) and approved the immigrant petition. The Petitioner provides health care services. The Petitioner sought to employ the beneficiary permanently in the position of Family Practice Physician. The position on ETA Form 9089 listed the…
SEVP Approved Schools
The United States Immigration and Customs Enforcement (ICE) recently updated their list of Student and Exchange Visitor Program (SEVP) approved schools . The schools listed have all been certified to participate in the program. The program allows foreign students interested in obtaining an education in the United States to complete…
H-1B Visa Season Quickly Approaching
H-1B Nonimmigrant Visa Petitions should be filed on April 1, 2009 for Fiscal Year 2010, which begins on October 1, 2009 and ends September 30, 2010. In recent years, the H-1B cap has been exceeded on the first day, April 1st. H-1B nonimmigrant visas are for professional foreign workers with…
Correction to NSC Form I-485, Employment Based processing time
The United States Citizenship & Immigration Service (USCIS) has issued a correction to the Nebraska Service Center (NSC) processing times published on February 20, 2009. The current processing time for Form I-485, Employment Based petitions is 8/15/07.
USCIS will expand the Premium Processing Service for Certain Form I-140 Petitions
Effective March 2, 2009, the United States Citizenship and Immigration Services (USCIS) will expand their premium processing service to certain Form I-140 petitions. This service will be expanded to include alien beneficiaries who have almost reached their limitation of stay on H-1B visa status. For the specific details, please read…
Updated Service Center Processing Times
Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on February 20, 2009 with processing dates as of December 31, 2008. If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time…
FAQs regarding the H-1B Provisions of the ARRA of 2009
The American Immigration Lawyers Association’s (AILA) Business Committee prepared a list of frequently asked questions about the H-1B provisions included in the new economic stimulus bill – the American Recovery and Reinvestment Act of 2009. The list discusses the impact of the H-1B provisions on H-1B employers, provides an explanation…
Economic Stimulus Bill Includes Sanders H-1B Amendment
On Friday, the House of Representatives passed a multi-million dollar stimulus bill designed to jumpstart the United States’ economy. For the business immigration world, the bill includes the Sanders H-1B amendment . This amendment heavily burdens recipients of Troubled Assets Relief Program (TARP) funds with strict regulations for hiring foreign…