H1B Visa Lawyer Blog

November 20, 2009

ICE Selects 1,000 Employers for Form I-9 Audits

U.S. Immigration and Customs Enforcement (ICE) launched a bold new audit initiative this year to combat the problem of hiring of an illegal workforce.

On July 1, 2009, 654 businesses nationwide were served with Notice of Inspections (NOIs) indicating that ICE would inspect their hiring records (Form I-9) to determine whether they were in accordance with the employment eligibility verification laws and regulations. The businesses presented with the NOIs to Audit Form I-9 were selected as a result of leads and other information obtained through other investigative measures. This was the first step for ICE in its nationwide plan to promote compliance with the employment eligibility laws through an effective I-9 Audit system.

Audits involve a comprehensive review of Form I-9s. Form I-9 must be completed and retained for each new hire. The form requires the employer to review several personal identification documents of the new hire (i.e., passport, permanent resident card, employment authorization card, driver’s license, birth certificate, military id, etc) and to determine the genuineness of the documents.

November 19, 2009

LATEST H-1B CAP UPDATE – FY 2010 H-1B Cap Count

by Kellie N. Lego

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 13, 2009, 55,600 H-1B cap subject nonimmigrant visa petitions have been filed with the 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.

November 18, 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 November 16, 2009 with processing dates as of September 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

November 12, 2009

December 2009 Visa Bulletin

by Kellie N. Lego

The Department of State has released its latest Visa Bulletin. The December 2009 Visa Bulletin still shows employment based third preference (EB-3) visas as oversubscribed while the employment based second preference (EB-2) is current for all areas of chargeability except for China and India.

Click here to view the December 2009 Visa Bulletin.

November 11, 2009

Attorney, Attorneys, Attorney.org Award of Excellence

by Kellie N. Lego

November 6, 2009

LATEST UPDATE – FY 2010 H-1B Cap Count

by Kellie N. Lego

On November 3, 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 October 30, 2009, 53,800 H-1B cap subject nonimmigrant visa petitions have been filed with the 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.

November 5, 2009

Updated Administrative Appeals Office Processing Times

by Kellie N. Lego

The Administrative Appeals Office (AAO) Processing Times were released on November 4, 2009 with processing dates as of November 1, 2009

If you filed an appeal, please review the links below to determine the applicable processing time associated with your particular case.

Administrative Appeals Office

October 30, 2009

FY10 DHS Appropriations bill signed into Law

by Kellie N. Lego

On Wednesday, October 28, 2009, President Obama signed into law the FY10 Department of Homeland Security Appropriations bill. This Law provides a three year extension for four (4) immigration related programs. Specifically, the law extends the non-minister religious worker program, the “Conrad 30” program, the EB-5 visa program, and the E-Verify program through September 30, 2012.

The information contained in this web posting was provided by:
AILA InfoNet Doc. No. 09102968 (posted Oct. 29, 2009)”

October 29, 2009

USCIS Offers FREE Naturalization Information Sessions

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) is offering FREE Naturalization Information Sessions in various places in the U.S. during the months of November and December.

Each session will cover the following topics: Naturalization eligibility requirements, the Naturalization process, the Naturalization test, and the rights and responsbilities of U.S. Citizenship.

In November, the free sessions will be held in Hartford, Connecticut; Oakland Park, Florida; Redding, California; and Atlantic City, New Jersey. Please click on the link below to find out more information or to register for a free informational session.

October 23, 2009

USCIS Issues a Fact Sheet to Remind Individuals to apply EARLY for Advance Parole

by Kellie N. Lego

The United States Citizenship and Immigration Service (USCIS) has recently issued a fact sheet reminding qualifying applilcants to apply EARLY for an Advance Parole document, as Advance Parole processing times take about 90 days.

The list of applicants who must obtain an Advance Parole document before traveling outside of the United States is as follows:

• Applicants that have been granted Temporary Protected Status (TPS);