The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.
As of December 3rd, 2010, 51,200 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.
As of December 3rd, 2010, 18,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.
The Board of Alien Labor Certification Appeals (BALCA) recently vacated and remanded the final determination of a Certifying Officer (CO) denying labor certification (LC) for an alien worker for the position of “Purchasing Manager.”
The CO originally denied the application on the grounds that the Employer failed to provide evidence of its State Workforce Agency (SWA) job posting subsequent to an audit. The Employer stated that a screenshot of the Oklahoma Job Link Website was in fact submitted. The request for review was sent to the Appeals Board by the CO. In an appellate brief, the Employer continued to argue that the SWA job posting was included in the original audit while the CO stood by its original position that it was not.
Accordingly, the BOARD reversed the decision of the CO, finding that the Employers SWA job posting was clearly included in the audit response. The application was sent back to the CO for issuance of a labor certification.
The Administrative Appeals Office (AAO) Processing Times were released with processing dates as of December 1, 2010.
If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.
Long’s Human Resource Service signed an agreement on November 10, becoming the first Alabama business to be an IMAGE partner with the US Immigration and Customs Enforcement (ICE). The IMAGE program, also known as the ICE Mutual agreement between Government and Employers, was launched in 2007 to helps employer’s better follow the language and regulations of the law by providing them with the necessary information and tools.
To become an IMAGE partner, a company must undergo a rigorous process that includes in-depth training and investigation into its hiring practices. Employers are provided with the screening tools necessary to prevent illegal workers from being hired. The IMAGE program works to combat that weakness that illegal workers create both within the company and the government by using fraudulent documents to gain employment and commit identity theft against US workers. Companies who sign the IMAGE partnership are agreeing to use the best hiring methods, train and hold their staff to the highest standards, and use the screening tools for all employee applicants offered by the federal government. IMAGE partner companies also process I-9 forms, use the E-Verify system, maintain employee records and comply with all employment laws in order to improve their business as well as meet the standards of the program.
During the 2010 fiscal year 11,146 members of the armed forces were granted citizenship by the United States Citizenship and Immigration Services (USCIS), the largest number amount in any year since 1955. The number represents a 6 percent increase in naturalizations from the 2009 fiscal year.
Outreach programs created by USCIS have been launched in order to reach more military members. They are encouraged to attend seminars that review that naturalization process and other immigration services. Attendance at the seminars often results in increased applications for naturalizations within the community. The Naturalization at Basic Training Initiative has also allowed for all processes like the interview, administration of the Oath of Allegiance and collection of biometrics to be done on the military bases. The initiative allows recruits to gain citizenship once they complete basic training. Specific information about citizenship and immigration benefits for the armed forces and their families can be found at http://www.uscis.gov/military.
MVP Law Group, P.A. makes available the information and materials in this forum for informational purposes only. The information is general in nature and does not constitute legal advice or any contractual obligations. Further, the use of this site, and the sending or receipt of this information, does not create an attorney-client relationship between us. And, therefore, your communication with us through this forum will not be considered as privileged or confidential.
Question #1 – Temporary Work Visa – H-1B Nonimmigrant Visa
Is the H1B CAP still available? If so, can I still file and get accepted before the cutoff?
The 112th congress which will begin its term on January 3, 2011 is likely to introduce many new proposals such as ones raising penalties for immigration related crimes, initiatives that make the removal of convicted immigrants easier, the enforcement of immigration law at state/local level, increased funding for border patrol, and increased inquiry into DHS practices. In the 112th Congress, Lamar Smith (R-TX) will most likely be named the Chair of House Judiciary Committee since he is already the current Ranking member and Steven King (R-IA) is also predicted to become the chair of the House Subcommittee on Immigration.
Some of specific initiatives include expanding the 287(g) which allows local police officers to enforce federal immigration laws and policies, expanding Operation Streamline which is a program that already prosecutes first time border crossers, and making unlawful presence in the US a federal crime. Smith was also the founder of the Illegal Immigration Reform Responsibility Act (IIRIRA) of 1996 which put into effect expedited removal of aliens that deprived them of a formal hearing before a judge, mandatory detention under 236 (c), as well as limitation of judicial review on final orders of removal. Smith also passed H.R. 4437 in the House on December 16, 2005 which would have implemented provisions such as: requiring DHS to hold all individuals seized at ports along the border until they were deported or admitted to the US, creating a single-judge certification process for removal orders review, and expanding the definition of aggravated felony.
Since the recent mid-term election which resulted in a Republican majority in the House of Representatives, many conservative lawmakers have begun introducing an over 300 bills including those that would crackdown on illegal immigration and require a photo ID to vote. Representative Debbie Riddle, R-Tomball, camped outside the House chamber just to be the first in line to submit propositions that included voter ID and legislation that would allow police officers to arrest illegal immigrants. In addition, many lawmakers submitted legislation that would call for all state and local governments to participate in the E-Verify system. Many lawmakers are hoping that with the large Republican majority, many of their bills will be passed.
The United States Citizenship and Immigration Service (USCIS) has updated the count of H-1B petitions received and counted towards the 65,000 cap.
As of November 26, 2010, 50,400 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.
As of November 26, 2010, 18,400 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.
Since the 1970’s the Supreme Court has consistently ruled that laws that discriminate on the basis of gender are unconstitutional, but on November 10 the justices gave the impression they were ready to allow an exception to the rule.
The case revolved around whether “children born of mixed marriages abroad can claim U.S. citizenship.” Currently, legislation allows unwed mothers with U.S. citizenship of at least one year to pass on their citizenship to their foreign-born babies while unwed fathers can’t pass on their citizenship unless they’ve lived in the U.S. for at least five years after the age of 14.
In this case, Ruben Flores-Villar, born of a Mexican mother and raised by his American father in San Diego was about to be deported for the fourth time in response to the sale of marijuana, when he argued that he should be granted U.S. citizenship due to the fact his father was a 16 year old U.S. citizen when he was born. His lawyers argued that the above law is discriminatory against fathers and therefore unconstitutional.
H1B Visa Lawyer Blog