Update on FY 2009 H-1B Processing
May 21, 2008
U.S. Citizenship and Immigration Services continues to work on Fiscal Year 2009 H-1B petitions. The Vermont and California Service Centers were to have finished premium processing cases that were chosen in the lottery by the end of last week, but it is not yet clear whether that goal was reached. Filing receipts for non-premium processing cases are expected to be issued by June 2, 2008, though California Service Center receipts could be issued earlier.
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USCIS Announces a Proposal to Increase Periods of Stay for TN Professional Workers From Canada or Mexico
May 21, 2008
WASHINGTON—U.S. Citizenship and Immigration Services (USCIS) announced today that it is publishing a Notice of Proposed Rulemaking (NPRM) to increase the maximum amount of time a Trade-NAFTA (TN) professional worker from Canada or Mexico can remain in the United States before seeking readmission or obtaining an extension of stay. The proposal will extend the maximum period of admission for TN workers from one year to three years, the same term that USCIS currently may grant to H-1B specialty occupation workers.
If you liked this article, click here to buy me a beer!USCIS to Allow Change of Status Requests for F-1 Students with Pending H-1B Petitions
May 21, 2008
H-1B petitions filed on behalf of F-1 students can be upgraded to request a change of status so that students can take advantage of a new rule that extends their F-1 stay through their approved H-1B employment start date.
If you liked this article, click here to buy me a beer!Enough Petitions Received to Exhaust 2008 H-1B Cap
April 9, 2008
ENOUGH PETITIONS RECEIVED TO EXHAUST 2008 H-1B CAP: LOTTERIES ARE THE NEXT STEP
Today U. S. Citizenship and Immigration Services (USCIS) issued a notice indicating that it has already received enough H-1B petitions to exhaust both the 65,000 H-1B quota and the 20,000 exemption from the quota for graduates of U.S. universities with a master’s degree or higher. In other words, both the “bachelor’s degree cap” and the “master’s degree cap” have been exhausted.
USCIS will now begin the lottery process, first selecting 20,000 petitions for the “master’s cap.” Any petitions not selected for the “master’s cap” lottery will be considered for the “bachelor’s cap” lottery. Petitions not selected for processing will be returned (with filing fees).
Fee receipts for a given petition will indicate that it has been selected in the lottery, and likely will be approved. So far, we have received receipts for one cap subject case, and an approval for another.
Biometrics Now Required for Permanent Resident Reentry Permits
April 6, 2008
New Policy Requires Applicants to be Fingerprinted before Departing the United States
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EXECUTIVE SUMMARY
Permanent residents applying for reentry permits in order to travel back to the United States after a long absence must now appear for a biometrics appointment at a U.S. Citizenship and Immigration Services office before departing the United States. The new agency policy could delay applicants who have imminent plans to travel abroad.
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U.S. Citizenship and Immigration Services (USCIS) now requires lawful permanent residents age 14 through 79 who have filed an application for a reentry permit to provide biometrics at a USCIS Application Support Center (ASC) appointment prior to departing the United States. The new requirement also applies to individuals who are applying for refugee travel documents. Because reentry permit and refugee travel document applicants must wait for a USCIS appointment notice in order to have their biometrics taken, the new requirement could delay those individuals who have imminent plans to travel abroad.
According to new instructions to Form I-131, the USCIS form used to apply for travel documents, reentry permit applicants will receive an ASC appointment notice after their application is filed. If the applicant departs the United States before biometrics are collected, the instructions indicate that the reentry permit application may be denied. Many foreign nationals have inquired about the possibility of providing biometrics at a U.S. consulate abroad. The instructions, however, do not provide a clear mechanism for reentry permit applicants to have biometrics collected outside the United States. FRAGOMEN is seeking further clarification on this issue.
Applicants requiring expedited processing should submit an email address and fax number along with two pre-paid, self-addressed express mailers along with the Form I-131. If USCIS approves the expedite request, the pre-paid express mailers will be used to return the ASC appointment notice and the reentry permit once the application has been adjudicated.
If you liked this article, click here to buy me a beer!H-1B Reminder: Plan for Timely Filing on April 1
March 16, 2008
Cap Cases Should Be Filed on April 2 Only in Unavoidable Circumstances
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EXECUTIVE SUMMARY
H-1B filings for employment in Fiscal Year 2009 should be delivered to U.S. Citizenship and Immigration Services on Tuesday, April 1. Though cases that are received by the agency on April 2 could be eligible for the H-1B cap selection lottery, filing on April 1 gives cases the best odds of winning a cap number.
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If you liked this article, click here to buy me a beer!Standard H-1B Cap Expected to Be Met on April 1
January 31, 2008
Similar to last year, the filing season for standard H-1B cap numbers is expected to end shortly after it begins on April 1, when U.S. Citizenship and Immigration Services (USCIS) will begin to accept petitions for H-1B employment in Fiscal Year (FY) 2009. Though the pool of H-1B numbers for holders of U.S. advanced degrees could be available beyond April 1, these numbers are also likely to be used up very quickly. Because of the short time frame, employers should plan ahead and gather all necessary case documents so that H-1B petitions can be filed timely and correctly on April 1.
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