Immigration News
Jewell Stewart Pratt Beckerson & Carr PC
News Release from Jewell & Associates, PC - December 17, 2009
As of Tuesday, December 15, 2009, approximately 84,200 H-1B cap-subject petitions had been received and counted towards the H-1B cap. This means that only 100 H-1Bs were still available as of yesterday, December 16th. Accordingly, we expect an announcement from USCIS in the next few days that the cap has been reached.
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News Release from Jewell & Associates, PC - December 4, 2009
As of Friday, December 4, 2009, approximately 81,100 H-1B cap-subject petitions had been received and counted towards the H-1B cap. This means that 3,200 H-1Bs are still available. If the recent rate of use continues to accelerate, cap-subject H-1B petitions are likely to be accepted only for about one more week.
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News Release from Jewell & Associates, PC - November 30, 2009
As of Friday, November 27, 2009, approximately 78,900 H-1B cap-subject petitions had been received and counted towards the H-1B cap. When this number is added to the statutory “H-1B1” set-asides of 1,400 from Chile and 5,400 from Singapore, the total H-1B cap of 85,000 is now exceeded. Fortunately, however, it appears that USCIS is adding back in the 6,100 Chile-Singapore H-1B1s that are expected to be unused, and releasing them for general H-1B use. This means that 5,400 H-1Bs are still available. If the recent rate of use of about 1,300 per week remains steady, cap-subject H-1B petitions could be accepted for up to four more weeks.
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Background: The U.S. Citizenship and Immigration Services’ (USCIS) Office of Fraud Detection and National Security (FDNS), a unit created in 2004 to combat immigration benefit fraud, recently commenced an assessment of the H-1B program. FDNS previously conducted assessments in the L-1, EB-1-3 Multi-National Manager and Executive, and R-1 visa programs. Now, it is turning its attention to H-1Bs. The following is information that employers should know about FDNS and FDNS’ current H-1B assessment program.
News Release from Jewell & Associates, PC - September 24, 2009
In 2008, the annual allotment of cap-subject H-1Bs was so oversubscribed within the first few days of the filing season opening on April 1, 2008 that USCIS closed the filing period on April 7th and instituted a lottery to select the filings that would proceed to adjudication. In dramatic contrast, the H-1B demand in 2009 for cap-subject FY 2010 H-1Bs has been exceedingly low. As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions had been received and counted towards the H-1B cap, and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. This means approximately 12,000 H-1Bs remain available.
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News Release from Jewell & Associates, PC - February 19, 2009
The U.S. Department of Labor’s electronic portal for filing Labor Condition Applications (LCAs) in support of H-1B petitions now contains a warning to employers that have received TARP funding regarding the limitations placed on their H-1B hiring by the American Recovery and Reinvestment Act of 2009 (the “stimulus bill”). The warning states that an employer that has received TARP funds are prohibited from hiring H-1B nonimmigrants for new employment unless the employer has complied with the additional attestations required of “H-1B-dependent” employers – attestations regarding the non-displacement of, and recruitment of, U.S. workers. Information regarding these additional attestations can be found at 20 CFR sections 655.738 and 655.739. For information regarding those employers who are recipients of such funding, go to http://www.treas.gov/initiatives/eesa/transactions.shtml.
© Jewell & Associates, PC 2009
The U.S. Department of Homeland Security announced recently that, beginning January 12, 2009, eligible citizens or nationals from all Visa Waiver Program countries must obtain approval through the Electronic System for Travel Authorization (ESTA) prior to traveling to the United States under the VWP.
News Release from Jewell & Associates - April 14, 2008
We reproduce, below, USCIS’s April 14, 2008 update on FY 2009 H-1B cap filings.
USCIS Update
April 14, 2008
USCIS RUNS RANDOM SELECTION PROCESS FOR H-1B PETITIONS
WASHINGTON - U.S. Citizenship and Immigration Services (USCIS) today conducted the computer-generated random selection processes on H-1B petitions, to select which H-1B petitions for fiscal year 2009 (FY 2009) would continue to full adjudication. If approved these H-1B petitions will be eligible to receive an H-1B visa number.
USCIS conducted two random selections, first on petitions qualifying for the 20,000 "master's or higher degree" (advanced degree) exemption, and second on the remaining advance degree petitions together with the general H-1B pool of petitions, for the 65,000 cap.
The approximately 163,000 petitions received in the first five days of the eligible filing period for FY 2009 (April 1 through April 7, 2008) were labeled with unique numerical identifiers. USCIS has notified the appropriate service centers which numerical identifiers have been randomly selected, so each center may continue with final processing of the petitions associated with those numerical identifiers.
Petitioners whose properly filed petitions have been selected for full adjudication should receive a receipt notice dated no later than June 2, 2008. USCIS will return unselected petitions with the fee(s) to petitioners or their authorized representatives. As previously announced, duplicate filings will be returned without the fee. The total adjudication process is expected to take approximately eight to ten weeks.
For cases selected through the random selection process and initially filed for premium processing, the 15-day premium processing period begins today (April 14), the day of the random selection process.
USCIS has "wait-listed" some H-1B petitions, meaning they may possibly replace petitions chosen to receive an FY-2009 cap number, but that subsequently are denied, withdrawn, or otherwise found ineligible. USCIS will retain these petitions until a decision is made whether they will replace a previously selected petition. USCIS will send a letter to the wait list petitioners to inform them of their status.
USCIS expects that for each of these wait-listed petitions, it will either issue a receipt notice or return the petition with fees within six to eight weeks.
- USCIS -
© Jewell & Associates 2008
News Release from Jewell & Associates - April 10, 2008
We reproduce, below, USCIS’s April 10, 2008 update on FY 2009 H-1B cap filings.
USCIS Update
April 10, 2008
USCIS RELEASES PRELIMINARY NUMBER OF FY 2009 H-1B CAP FILINGS
WASHINGTON – U.S. Citizenship and Immigration Services (USCIS) today announced a preliminary number of nearly 163,000 H-1B petitions received during the filing period ending on April 7, 2008. More than 31,200 of those petitions were for the advanced degree category.
USCIS expects next week it will conduct the computer-generated random selection process, beginning with the selection of the 20,000 petitions under the advanced degree exemption. Those petitions not selected under the advanced degree category will join the random selection process for the cap-subject 65,000 limit.
USCIS will reject, and return filing fees for all cap-subject petitions not randomly selected, unless found to be a duplicate. USCIS will handle duplicate filings in accordance with the interim final rule published on March 24, 2008 in the Federal Register.
USCIS will provide regular updates as the processing of FY 2009 H-1B cap cases continues.
- USCIS -
© Jewell & Associates 2008
On April 8, 2008, the U.S. Department of Homeland Security published an Interim Final Rule, effective immediately, that provides for additional Optional Practical Training (OPT) work authorization for foreign nationals in F-1 student visa status who would otherwise be limited to twelve months of OPT. The new regulation provides two types of prolonged OPT: (1) an automatic extension of OPT to bridge the “cap gap” between an employee’s OPT expiration date and the October 1st date when an approved cap-subject H-1B petition takes effect; and (2) a seventeen-month extension, upon application, of OPT for graduates of U.S. degree programs in Science, Technology, Engineering and Mathematics (“STEM” degrees) who have jobs related to their field of study with employers who are enrolled in the government’s E-Verify program.
