As of yesterday, the USCIS announced that approximately 56,900 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 20,000 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 65,000. 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to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn. Click here to see USCIS update.
Archive for November, 2009
November 24, 2009 – Latest H1B Cap Count!
Tuesday, November 24th, 2009November 24, 2009 – EB5 Immigrant Investor Pilot Program
Tuesday, November 24th, 2009Under the current immigration law, 10,000 immigrant visas per year are available for qualified individuals seeking permanent resident status on the basis of their engagement in a new commercial enterprise. Out of the 10,000 investor visas (i.e., EB-5 visas) available annually, 3,000 are set aside for those who apply under a pilot program involving a USCIS-designated “Regional Center.”
Yesterday, the U.S. Citizenship and Immigration Services (USCIS) announced that the EB5 Immigrant Investor Pilot Program will be extended until September 20, 2012. Thus, it will continue to receive, process and adjudicate all Regiional Center Proposals and Forms I-526, Immigrant Petitions by Alien Entrepreneur and Form I-485, Applications to Register Permanent Residence or Adjust Status, affiliated with Regional Centers relying on “indirect” job creation analysis. To know more about his announcement see USCIS update. Click here to learn more about the EB5 Investor Visas.
December 2009 Visa Bulletin
Friday, November 13th, 2009The Department of State has released its latest Visa Bulletin. The December 2009 Visa Bulletin does not show much movement on 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. Cut-off dates for the India employment-based third preference (EB-3) immigrant category moved forward just by one week in December.
Click here to view the December 2009 Visa Bulletin.
November 12, 2009 Temporary Acceptance of H-1B Petitions Without DOL Certified Labor Condition Applications (LCAs)
Thursday, November 12th, 2009Processing delays arising from Department of Labor’s (DOL) recently implemented “iCert” system have resulted in increased processing times for certain LCA certificates. In response to requests from the public to accept H1B petitions that have filed a Labor Condition Applications (LCAs) but have not yet certified by the DOL, USCIS has announced a 120-day period in which it will temporarily accept H1B petitions filed with uncertified LCAs, commencing November 5, 2009 and through March 4, 2010. For details of this temporarily measure, see USCIS update.
Should We Apply for a Marriage Visa (K3), Immigrant Visa, Fiance Visa (K1), or Marriage Green Card & Adjustment of Status?
Wednesday, November 4th, 2009A common question we hear is, “what should we do, should we apply for a k1 fiance visa, k3 marriage visa, an Immigrant Visa, or marriage green card adjustment of status?” Our common response is, it depends on your individual circumstances. The first factor is under immigration law what the client’s are eligible for. For example, is the beneficiary in the United States on a valid visa, have they accrued unlawful presence, is the US Citizen overseas or in the US. This is the most important question so as to determine what the clients are eligible for. The second factor is when and where do the clients want to get married? If the fiancé is overseas, and they can wait the 6 to 12 months for the case to be adjudicated, then the answer is a fiancé visa is the appropriate visa. (more…)
Choosing Between an Immigrant Visa and K3 Marriage Visa
Wednesday, November 4th, 2009A question we are often asked by our clients is “should we choose an Immigrant Visa or K3 Visa”. The answer again is, it depends. Generally speaking K3 visas are quicker than Immigrant Visas. However, Immigrant Visas are generally more efficient in terms of costs and the overall process as K3 visa require eventual adjustment of status. Consequently, the choice between a K3 Visa and Immigrant Visa is very fact specific and requires a full understanding of each client’s particular situation in making the appropriate decision. And as usual, each case needs to be done appropriately from the start to avoid unnecessary time delays and to give the best chance of approval so that the reasons for the choice between the K3 or Immigrant Visa are enjoyed. Feel free to contact us for an initial evaluation of your case and to discuss whether a K3 Visa or Immigrant Visa is more appropriate for you.