Articles Posted in nonimmigrant visas

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 31st, 2010, 57,300 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of December 31st, 2010, 20,000 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap. THE H-1B MASTERS CAP HAS BEEN REACHED!

MVP “Q & A Forum” – This Friday, January 7th, 2011

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

After an investigation by US Immigration and Customs Enforcement (ICE) Office of Homeland Security (HSI) Sophia Manuel and Alfonso Baldonado Jr. were sentenced in a forced labor conspiracy on December 10.

It was uncovered during the investigation that Manuel and Baldonado Jr., owners of Quality Staffing Services Corporation, were forcing 39 Filipino nationals to work in country clubs and hotels around Southeast Florida. The pair first made the Filipino nationals pay up-front recruitment fees, which they knew they didn’t have so the Filipino nationals were already in debt. Then, when they no longer wanted to work, Manuel and Baldonado threatened to arrest and deport them. The nonpayment of debts is very serious in the Philippines and the two knew they could use that against the workers to stay. Manuel was sentenced to 78 months in prison not only for her crimes against the Filipino nationals but she also admitted to making false statements on a form filed with the US Department of Labor. Baldonado was sentenced to 51 months in prison.

Please note that USCIS now requires employers filing Form I-129 for H, L, and O visa status on behalf of foreign nationals to certify that they have (1) reviewed the Export Administration Regulations (EAR) and the International Traffic in Arms Regulations (ITAR), and (2) have made a determination as to whether or not an export control license is required to release any controlled technology or technical data to the foreign national. If an export license is required to be obtained before such release, the employer must attest that the worker will not be exposed to covered technologies without first obtaining an export license covering the foreign worker.

UPDATED INFORMATION: December 22, 2010, According to USCIS, petitioners will not be required to complete Part 6 of Form I-129 containing the export controls/ITAR questions until February 20, 2011. USCIS received a number of inquiries from stakeholders, including AILA, requesting a delay in order to give petitioners time to establish the necessary internal processes to properly satisfy the attestation requirements.

We wish to make sure that you do not make a misrepresentation on Form I-129 in this regard, which in itself would be a violation of federal law. Read all of the forms and know that you are signing under penalty of perjury.

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 17th, 2010, 53,900 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of December 17th, 2010, 19,700 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

Processing Time reports for all of the U.S. Citizenship and Immigration Service (USCIS) Service Centers were released on December 15, 2010 with processing dates as of October 31, 2010.

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

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 Visas – H-1B & L1A/L1B Nonimmigrant Visas

Does the new public law apply to transfer and extension petitions for nonimmigrant workers?

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 10th, 2010, 52,400 H-1B Regular CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 65,000 cap.

As of December 10th, 2010, 19,100 H-1B Masters Degree CAP subject non-immigrant visa petitions have been filed with the USCIS towards the 20,000 cap.

MVP “Q & A Forum” – This Friday, December 17th, 2010

We wanted to find a new way to engage our reader base. Every other Friday, we will post the ten (10) best/most frequently asked questions received during the week from our h1bvisalawyerblog, Facebook, and Twitter readers. We will answer those questions and provide the Q&A on our H-1B Visa Lawyer Blog.

If you have a burning question, are seeking assistance with a difficult immigration related case, wish to discuss your views on Comprehensive Immigration Reform, AZ SB1070, priority dates, or the debate focused on Ending Birthright Citizenship, please contact us by submitting your question/comment/viewpoint in our comment box provided on our H-1B Visa Lawyer Blog.

Peri Software Solutions Inc and its owner, Saravanan Periasamy, were ordered on December 7 to pay $638,449 in back wages with interest to 67 workers for violating provisions of the Immigration Nationality Act by the US Department of Labor related to the H1-B visa.

Peri Software Solutions was additionally ordered to pay $126,778 in civil money penalties with interest for failure to provide, “notice of the filing of labor condition applications at each place where any H1-B worker was to be employed” as well as filing lawsuits against workers who ended their employment early. As a result of the violations, the company is prohibited from participating in the H1-B for one year.

Deputy administrator of the department’s Wage and Hour Division, Nancy Leppink says, “Peri Software not only took advantage of these workers by not properly compensating them, it also violated the part of the law that provides the greatest protection to the American workforce.”

Contact Information