Category: H-1B Visa (Specialty Occupation)

Good News for H-1B Temporary Workers from China: Visa Validity Increased

On July 9, the Department of State increased the validity of H visas (H-1B and H-2 temporary workers, H-3 trainees, and H-4 dependents) for citizens of China. These visas are now valid for multiple entries over 12 months. That’s an improvement—it was 2 entries over 3 months. So Chinese can save some money and time… Continue reading Good News for H-1B Temporary Workers from China: Visa Validity Increased

H-1B Cap Update–No Rush on H-1Bs

At the Vermont Service Center Stakeholder meeting held on Tuesday, April 6, 2010, VSC reported that, as of close of business on Monday, April 5, 2010, VSC had received a total of 9,525 cap-subject H-1B petitions. Of those petitions, 6,791 were “regular” cap, and 2,734 were advanced degree. All cases received before April 7, 2010,… Continue reading H-1B Cap Update–No Rush on H-1Bs

USCIS Reaches FY 2010 H-1B Cap

U.S. Citizenship and Immigration Services (USCIS) has announced that it received a sufficient number of H-1B petitions to reach the statutory cap for fiscal year (FY) 2010.  Dec. 21, 2009 is the “final receipt date” for new H-1B specialty occupation petitions requesting an employment start date in FY 2010. The “final receipt date” is the… Continue reading USCIS Reaches FY 2010 H-1B Cap

USCIS Focuses Fraud Investigations on Small Companies

I previously reviewed a September 2008 USCIS report, entitled H-1B Benefit Fraud & Compliance Assessment, finding that small companies are more likely than large companies to violate the rules related to employing workers with H-1B visas. In January 2009, I reported that USCIS had implemented the report’s recommendations by closely scrutinizing small companies filing H-1B petitions,… Continue reading USCIS Focuses Fraud Investigations on Small Companies

USCIS Says Annual H-1B Visa Cap Not Yet Reached

U.S. Citizenship and Immigration Services (USCIS) announced yesterday that the annual H-1B visa cap of 65,000 new H-1B petitions had not yet been reached. In fact, USCIS has only reached “about half” that number of petitions, according to a USCIS spokesman. As background, H-1B visas are temporary work visas for professionals. There is an annual… Continue reading USCIS Says Annual H-1B Visa Cap Not Yet Reached

USCIS Increases Scrutiny on Small Companies Filing H-1B Petitions

I previously reported on a September 2008 USCIS report, entitled H-1B Benefit Fraud & Compliance Assessment, finding that small companies are more likely to violate H-1B visa rules. USCIS apparently now has begun making procedural changes consistent with the report. The American Immigration Lawyers Association believes that USCIS has in some cases made overly broad requests… Continue reading USCIS Increases Scrutiny on Small Companies Filing H-1B Petitions

USCIS Finds Small Companies More Likely to Violate H-1B Rules

H-1B Benefit Fraud & Compliance Assessment, a study published by U.S. Citizenship and Immigraton Services last month, finds that small companies are more likely to violate the rules related to H-1B temporary work visas. This finding is unsurprising because–as my clients constantly remind me–the rules are hyper technical. They consist of hundreds of pages of… Continue reading USCIS Finds Small Companies More Likely to Violate H-1B Rules

EB-5 Investor Visa Update from USCIS

On Sept. 22, 2008, U.S. Citizenship and Immigration Services released a powerpoint presentation with updates on the EB-5 investor visa program for Fiscal Year 2008. Here are the highlights: 12 new EB-5 regional centers were approved. 1017 Forms I-526, Immigrant Petitions for Alien Entrepreneurs, were filed. 350 Forms I-829, Petitions by Entrepreneurs to Remove Conditions,… Continue reading EB-5 Investor Visa Update from USCIS

Update: Consular Recommendations to Revoke Visa Petitions

Our law firm is often retained to represent clients where a U.S. Consulate has returned the visa petition to USCIS to consider revocation. This process is slower and less transparent than it should be. Still, this update explains that recently there have been some minor improvements in the process. These improvements were mentioned by Jonathan… Continue reading Update: Consular Recommendations to Revoke Visa Petitions

U.S. Visa Application Fee Increase

NONIMMIGRANT VISA APPLICATION FEE WILL INCREASE TO $131 Effective January 1, 2008, the application fee for a U.S. nonimmigrant visa will increase from $100 to $131. Those applicants who paid the prior $100 application fee before January 1, 2008 will be processed without further payment only if they appear for a visa interview before January… Continue reading U.S. Visa Application Fee Increase