H-1B Visa

September 7, 2009

LATEST UPDATE – FY 2010 H-1B Cap Count

On September 4, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of August 28, 2009, 45,100 H-1B cap subject nonimmigrant visa petitions have been accepted by USCIS. The Service has advised that they will continue to accept petitions until the cap is reached.

Additionally, the Service has reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

September 3, 2009

H-1B Employee Questionnaire issued by the DOL Wage and Hour Division

by Kellie N. Lego

The Department of Labor (DOL) Wage and Hour Division has recently issued an H-1B Employee Questionnaire that covers issues dealing with H-1B employment such as wages and deductions, working conditions, termination, and more…

This questionnaire has been sent via email by the DOL to an H-1B Employee, and provides that its purpose is to determine whether the particular company is being compliant with the H-1B rules and regulations.

It also provides that receipt of the questionnaire does not imply that the particular company has violated any law. H-1B employees who receive the questionnaire via email are strongly encourage to promptly respond.

August 17, 2009

Updated Service Centers Processing Times

by Kellie N. Lego

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Centers were released on August 14, 2009 with processing dates as of June 30, 2009.

If you filed a petition with one of the Service Centers, please review the links below to determine the applicable processing time associated with your particular case.

California Service Center

August 10, 2009

LATEST UPDATE – FY 2010 H-1B Cap Count

by Kellie N. Lego

On July 31, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of July 24th, 2009, 44,900 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

July 7, 2009

Clarification as to the FCCPT’s substantial equivalency of foreign-educated Physical Therapists (PT)

by Kellie N. Lego

The Foreign Credentialing Commission on Physical Therapy (FCCPT) issued a letter clarifying its educational equivalency for foreign educated Physical Therapists in February of 2009. Recently, there has been much confusion over the issue.

The FCCPT is the only entity authorized by the United States Citizenship and Immigration Service (USCIS) to issue such certificates, which verify that a foreign applicant has acquired an education substantially equivalent to the US standard in education of physical therapists.

In summary, the letter provides that when the FCCPT issues a Type 1 Comprehensive Credentials Review Certificate, it is asserting that the applicant has acquired at least a Master’s degree or higher in Physical Therapy, as required under the regulations.

July 3, 2009

LATEST UPDATE – FY 2010 H-1B Cap Count

by Kellie N. Lego

On June 30, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap.

As of June 26, 2009, 44,800 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

July 1, 2009

REMINDER – File LCAs with the new iCert System beginning 7/1/09!

by Kellie N. Lego

Effective July 1, 2009, all users of the Old LCA system must begin using the new iCert system located on the U.S. Department of Labor Employment & Training Administration website to file LCAs.

June 26, 2009

LATEST UPDATE – FY 2010 H-1B Cap Count

by Kellie N. Lego

On June 24, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of June 19, 2009, 44,500 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

June 12, 2009

LATEST UPDATE – FY 2010 H-1B Cap Count

by Kellie N. Lego

On June 11, 2009, the United States Citizenship and Immigration Service (USCIS) updated the count of H-1B petitions received and counted towards the 65,000 cap. As of June 5, 2009, 44,400 H-1B cap subject nonimmigrant visa petitions have been filed. USCIS has advised that they will continue to accept petitions until the cap is reached. Additionally, USCIS reported that they received 20,000 advanced degree H-1B petitions. Although the limit on advanced degree petitions is 20,000, past experience has tended to show that not all petitions received are approvable.

Accordingly, qualifying applicants are still able to petition for an H-1B nonimmigrant visa either under the general cap, or as an applicant with an advanced degree. (i.e., U.S. Master’s degree)

If you have any questions surrounding the H-1B nonimmigrant visa program, please contact our office.

May 13, 2009

UPDATE – DOL will keep old LCA System operational through June 30, 2009

by Kellie N. Lego

The Department of Labor (DOL) has informed a liaison of the American Immigration Lawyers Association (AILA) that they will continue to keep the old Labor Condition Application (LCA) system operable for a specified time.

The reasons behind allowing the old LCA system to remain operational through June 30, 2009 are two-fold. First, the DOL wanted time to continue to evaluate issues of concern regarding the LCA system. The DOL has received numerous complaints and issues from users of the system. Secondly, the DOL wanted to give users more time to become familiar with the new LCA system.

If you have any questions about the new LCA system, please feel free to contact our office.