News
Secretary of Homeland Security Janet Napolitano has extended Temporary Protected Status (TPS) for eligible nationals of Honduras and Nicaraguans for an additional 18 months, beginning July 6, 2013, and ending Jan. 5, 2015.
Current Honduran and Nicaraguans beneficiaries seeking to extend their TPS status must re-register during the 60-day re-registration period that runs from April 3, 2013, through June 3, 2013. U.S. Citizenship and Immigration Services (USCIS) encourages beneficiaries to register as soon as possible once the 60-day re-registration period begins. Applications will not be accepted before April 3, 2013.
The 18-month extension also allows TPS re-registrants to apply for a new employment authorization document (EAD). Eligible Honduran and Nicaraguans TPS...
For the first time since 2008, U.S. Citizenship and Immigration Services (USCIS) has reached the statutory H-1B cap of 65,000 for fiscal year (FY) 2014 within the first week of the filing period. USCIS has also received more than 20,000 H-1B petitions filed on behalf of persons exempt from the cap under the advanced degree exemption.
USCIS received approximately 124,000 H-1B petitions during the filing period, including petitions filed for the advanced degree exemption. On April 7, 2013, USCIS used a computer-generated random selection process (commonly known as a “lottery”) to select a sufficient number of petitions needed to meet the caps of 65,000 for the general category and 20,000 under the advanced degree exemption limit. For cap-subject...
Effective March 22, U.S. Citizenship and Immigration Services (USCIS) temporarily suspended adjudication of most Form I-129 H-2B petitions for temporary non-agricultural workers while the government considers appropriate action in response to the Court order entered March 21, 2013 inComite de Apoyo a los Trabajadores Agricolas et al v. Solis, 2:09-cv-00240-LDD (E.D. Pa). That order granted a permanent injunction against the operation of the portion of the Department of Labor’s (DOL) 2008 wage rule related to certain prevailing wage determinations and gave DOL 30 days to come into compliance with the Court order.
Premium processing of H-2B petitions is being suspended until further notice. Petitioners who have already filed an H-2B petition using the premium...
Fri, 27 November 2009
As of November 27 2009 approximately 58900 H-1B cap-subject petitions had been filed. USCIS has approved sufficient H-1B petitions for aliens with advanced degrees to meet the exemption of 20000 from the fiscal year 2010 cap. Any H-1B petitions filed on behalf of an alien with an advanced degree will now count toward the general H-1B cap of 65000. USCIS will continue to accept both cap-subject petitions and advanced degree petitions until a sufficient number of H-1B petitions have been received to reach the statutory limits taking into account the fact that some of these petitions may be denied revoked or withdrawn.
Fri, 04 December 2009
The Department of Labor (Department) is providing notice that in accordance with its labor certification regulations as of January 1 2010 the Office of Foreign Labor Certification (OFLC) National Prevailing Wage and Helpdesk Center (NPWHC) in Washington DC will receive and process prevailing wage determination (PWD) requests for use in the H-1B H-1B1 (Chile/Singapore) H-1C H-2B E-3 (Australia) and permanent labor certification programs. In addition the Department is providing guidance about the implementation of the issuance of PWDs for applications in the Commonwealth of the Northern Mariana Islands (CNMI). This Notice is effective November 28 2009 for PWD requests for job opportunities in the Commonwealth of the Northern Mariana...
Thu, 10 December 2009
Washington – U.S. Customs and Border Protection launched on Tuesday December 8 a pilot program for exiting H-2A/B temporary workers. The program will be tested at San Luis and Douglas land ports of entry in Arizona and it is expected to last approximately one year. The goal is to ensure that temporary workers comply with the requirement to leave the country when their work authorization expires. The program will also help secure U.S. borders more effectively and streamline existing guest worker programs.H-2A and H-2B visas are issued to temporary seasonal workers. H-2A visas allow foreign nationals to temporarily work in agricultural jobs while H-2B visas allow temporary work in non-agricultural jobs. To verify final departure...
Fri, 11 December 2009
On 12/11/09 DOS issued an advance copy of a proposed rule that amends the schedule of fees for consular services for nonimmigrant visa application and border crossing card processing fees. The rule raises the application processing fee for most non-petition-based nonimmigrant visas and adult border crossing cards. This item will be posted in the Federal Register on 12/14/09.
Wed, 30 December 2009
On December 30 2009 USCIS announced that The Department of Homeland Security (DHS) will extend Temporary Protected Status (TPS) for 18 months through Nov. 2 2011 to eligible nationals of Sudan and people having no nationality who last habitually resided in Sudan. This extension does not apply to Sudanese who entered the United States after Oct.7 2004. Certain nationals of Sudan who have not previously applied for TPS may be able to apply under the late initial registration provisions. Further details on this extension of TPS for Sudan appear in the Federal Register Notice.
Wed, 13 January 2010
Washington?U.S. Citizenship and Immigration Services (USCIS) today issued updated guidance to adjudication officers clarifying the requirements to establish an employer-employee relationship to qualify for the H-1B ?specialty occupation? classification. The memorandum addresses scenarios involving independent contractors , self-employed beneficiaries , and beneficiaries placed at third-party worksites.
An employer who seeks to sponsor a temporary worker in an H-1B specialty occupation is required to establish a valid employer-employee relationship. USCIS has defined such a relationship to hinge on an employer’s right to control the means and manner in which the work is performed. The guidance memorandum...
Fri, 19 February 2010
WASHINGTON February 19 2010- U.S. Citizenship and Immigration Services (USCIS) today announced revised filing instructions and addresses for applicants filing Form I-824 Application for Action on an Approved Application or Petition. The new form is dated 12/11/09. The changes are part of an overall effort to transition the intake of benefit forms from USCIS local offices and Service Centers to USCIS Lockbox facilities. Centralizing form and fee intake to a Lockbox environment allows USCIS to provide customers with more efficient and effective initial processing of applications and fees. Beginning February 19 2010 applicants must file Form I-824 with a USCIS Lockbox facility based onwhich Service Center or local office approved their...
