DHS Begins Outbound Fingerprinting at Atlanta and Detroit Airports

Effective May 28, 2009, the Department of Homeland Security (”DHS”) began collecting biometric digital fingerprints from non-U.S. citizens departing the U.S.  We wrote last April about the possibility of exit fingerprinting and it seems that DHS is underway to test the system and to implement it throughout other points of departure from the U.S. within [...]

Guidance on H-1B Visas for Health Care Practitioners

A memorandum dated May 20, 2009 by Barbara Velarade provides some guidance to the USCIS Service Centers with respect to the standards for adjudicating H-1B petitions filed on behalf of beneficiaries seeking employment in a health care specialty occupation.
Generally, the Velarde memorandum provides two kinds of guidance, one for beneficiaries with a license and one [...]

FY2010 H-1B Numbers Update (May 26, 2009)

USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of Tuesday, May 26, USCIS has received approximately 45,700 H-1B petitions counting toward the 65,000 cap.   USCIS will continue to accept petitions subject to the general cap.   Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]

General Updates from the Nebraska Service Center

We have received some general updates from the Nebraska Service Center (NSC) and we would like to share them with you as they provide some useful insight into NSC’s operations:
Backlog.  The net overall backlog at the end of first quarter of FY2009 was 250,000 cases; reduced to 87,500 cases by the end of the 2nd [...]

Admission to ESL Program or Community College Not a Reason for Denial of Student Visa

We have been receiving a number of inquiries from prospective clients who are interested in switching to F-1 student visa status using a Form I-20  issued by a English as Second Language (”ESL”) school or a community college.   In our experience, USCIS (if the change of status is requested from within the U.S.) or the [...]

When Does Unlawful Presence Start?

USCIS has released a Memorandum, dated May 6, 2009, from Donald Neufeld which Memorandum consolidates prior guidance concerning unlawful presence in the Unitd States.  The Memorandum provides some clear and useful guidance on when does the period of unlawful presence start and what are implications of accruing 180 or 365 days or unlawful presence.
What is [...]

Current PERM Processing Dates/Times (April 30, 2009)

The Department of Labor has provided an update on the current PERM processing dates as of April 30, 2009.  They are as follows:

No audit: November 2008 (a month ago, DOL was processing PERM applications filed in April 2008, this is a significant positive development);
Audit: September 2007 (no change from a month ago);
Appeal: June 2007 (no [...]

FY2010 H-1B Numbers Update (May 11, 2009)

USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of Monday, May 11, USCIS has received approximately 45,000 H-1B petitions counting toward the 65,000 cap.   USCIS will continue to accept petitions subject to the general cap.   Additionally, USCIS has received approximately 20,000 petitions for aliens with advanced degrees; however, [...]

H-1B Employer Transfer After I-94 Expiration and “Bridging” of Transfer Petitions

“Bridging” is when successive H-1B portability (transfer) petitions are filed for an alien while the previous H-1B petitions remain pending and while the period on the initial I-94 card has expired.   We have a number of clients who are currently “bridging” their H-1B petitions and in light of the increased number of inquiries, it [...]

June 2009 Visa Bulletin – EB-2 India Retrogresses Substantially

The June 2009 Visa Bulletin was released today.  Unfortunately, the only change is the EB-2 India category which changed from February 15, 2004 to January 1, 2000.  All other categories remain unchanged.  Here is a summary of the June 2009 Visa Bulletin:

EB-1 remains current across the board.
EB-2 remains unchanged for all categories except as noted [...]