Posts Tagged ‘USCIS’

ALERT: H-1B CAP FILING PERIOD OPENS APRIL 1, 2012!

The filing period for the next H-1B cap season opens April 1, 2012 for an October 1, 2012 start date.  Petitions are accepted up to 6 months in advance of October 1, 2012.

The H-1B visa is a temporary work visa for a degreed professional (or someone with equivalent experience) seeking employment in a position complex enough to need his/her specific degree.

Each year, there are 65,000 slots available to holder’s of U.S. or foreign Bachelor’s degrees or foreign Master’s or higher degrees (or equivalent experience).  There are an additional 20,000 slots set aside for individuals with U.S. Master’s or higher degrees.

Please don’t hesitate to contact our San Francisco Immigration Law Office if you or your employer need assistance with an H-1B petition.

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Update: H-1B Count 05/26/2011

As of May 26, 2011, the USCIS has received 13,100 H-1B regular cap petitions (of 65,000) and 9000 U.S. advanced degree petitions (of 20,000).  An H-1B work visa is a temporary status for a professional holding a minimum of a Bachelor’s degree (or the equivalent in experience) in a specific specialty and working in a position that requires such degree (or experience).  Please see prior posts for more details.   

As you can see, there are plenty of H-1B numbers left.  Please don’t hesitate to contact our San Francisco Immigration Law Office if you need assistance with an H-1B petition.

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H-2B Visas Still Available

As of 05/06/2011, the USCIS has received 27,173 petitions toward the 33,000 H-2B cap amount for the second half of fiscal year 2011.  24,420 have been approved and 2,753 remain pending.
 
The H-2B category is for temporary non-agricultural employment typically for a period of one year of less.  It requires recruitment to prove there are no qualified U.S. citizens or green card holders who can perform the work, among other requirements.
 
Please contact our San Francisco Immigration Law Office if you have any questions or need assistance with an H-2B petition.

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H-1B Cap Is Wide Open

As of April 7, 2011, the USCIS has received 5,900 petitions (of 65,000) under the regular cap and 4,500 petitions (of 20,000) under the U.S. Master’s cap.  Thus, both caps remain wide open for filings. 

The H-1B cap system refers to the allotted number of H-1B slots available each fiscal year.  The cap opened April 1, 2011 and to date, there are over 70,000 total slots left. 

As discussed in prior posts, the H-1B visa category is for professionals holding a Bachelor’s degree or higher in a specific specialty.  The professional must be working in a position that requires their Bachelor’s degree or a related degree. 

Please contact our San Francisco Immigration Law Office if you need assistance with an H-1B petition.

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H-2B’s Still Available

The USCIS has received 4,442 petitions toward the 33,000 H-2B cap amount for the second half of fiscal year 2011.  2,668 have been approved and 1,774 remain pending.
 
The H-2B category is for temporary non-agricultural employment typically for a period of one year of less.  It requires recruitment to prove there are no qualified U.S. citizens or green card holders who can perform the work, among other requirements. 
 
Please contact our San Francisco Immigration Law Office if you have any questions or need assistance with an H-2B petition.

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New Naturalization Certificates Released

In select locations, the USCIS has started using new re-designed naturalization certificates that include enhanced document security.  It is expected that by the end of 2010, all the USCIS offices around the country will be issuing these new certificates.  One of the biggest changes is the use of embedded digitized photos instead of affixed physical photos that the old certificates use.  Using digitized photos will save the time spent by USCIS staff of attaching passport photos to the certificates.

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Reminder to File Work Visa Petitions by December 22, 2010

The USCIS has issued several new immigration forms for work visas (H, L, O, etc.) that will be required starting December 22, 2010.  These new forms ask questions about off-site employment, work itineraries, and export control laws, none of which are required by the current forms.  In order to take advantage of the current simpler forms, petitions and applications must be filed by December 22, 2010. 

Please contact our San Francisco Immigration Law Office if you need assistance with a work visa petition.

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EB-5 Regional Center Processing Update

The USCIS recently held a stakeholder meeting pertaining to the EB-5 regional center program.  The EB-5 category allows for individuals to invest in the U.S., either actively by operating an investment enterprise, or passively as part of a group of individuals investing in an EB-5 regional center.  Please see our other EB-5 blog posts for detailed information about the requirements.  In light of its recent stakeholder meeting, the USCIS had the following updates to provide:

1. There are currently 114 approved regional centers

2. There are 83 regional center proposals pending

3. In FY2010, the USCIS received 1727 investor petitions, 90% of which were for regional center investments

4. The current published processing time for regional center proposals is 5 months

5. The California Service Center, the location where EB-5 regional center proposals are reviewed, will soon substantially increase its EB-5 staffing

6. The new Form I-924, Application for Regional Center, and fee of $6230 will go into effect November 23, 2010 (currently there is no form or fee)

7. There will be a Form I-924 Supplement A that can be used for the yearly reporting requirements for regional centers

8. There is no premium processing for EB-5 regional centers at the present time

Please contact our San Francisco Immigration Law Office if you need assistance with an EB-5 regional center.

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USCIS wants to friend you on Facebook

After recent FOIA (Freedom of Information Act) litigation, practitioners obtained an internal USCIS memorandum about the use of social networking sites in fraud investigations.  In the memo, the USCIS explains to its staff that sites, such as MySpace, Facebook, Classmates.com, etc., provide the USCIS fraud unit a great opportunity to uncover fraud being committed by visa applicants.
 
The process is simple – the USCIS browses social networking sites for applicant information and requests that the applicant become a “friend.”  Once the applicant accepts the friend request, the USCIS scours the profile for inconsistencies about relationships, jobs, residence locations, etc.  The memo calls this type of research a “cyber site visit.”  The memo also comments that “narcissistic tendencies in many people fuels a need to have a large group of “friends” linked to their pages and many of these people accept cyber friends they don’t even know.”  The USCIS advises its staff to capitalize on these tendencies for fraud purposes by sending out friend requests to visa applicants.
 
All foreign nationals in the U.S., nonimmigrant and immigrant alike, should be extremely cautious when posting personal information online.  Big brother is surely watching.   Please contact our San Francisco immigration law firm if you have any concerns about the above.

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ALERT: Regional Center Proposals Will No Longer Be Free!

Starting November 23, 2010, any regional center proposals filed with the USCIS must be presented on Form I-924, Application for Regional Center under the Immigrant Investor Pilot Program, and include a filing fee of $6230.  There is currently no form or fee to submit regional center proposals, thus this is a significant change (and a costly one).  Until November 23, 2010, the USCIS will continue to accept proposals for regional center designation with no form or fee.  Please contact our San Francisco law office if you need assistance filing an EB-5 regional center proposal.

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