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

USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of Friday, June 26, USCIS has received approximately 44,800 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, [...]

Increase in RFES – Fact or Fiction?

As part of our regular USCIS-related filings, we receive requests for evidence (”RFES”) on a number of occasions.  Such RFES are standard practice and often are unrelated to the substance of the petition – for example, requesting clear copies of the lastest Form I-94 card.  It is our practice to ensure that each petition filed [...]

FBI Name Check Backlog Eliminated

USCIS has announced that, in conjunction with FBI, it has met its goal of eliminating the FBI National Name Check Program backlog.
The goal was to achieve a performance (which can actually be sustained going forward) of completing 98 percent of name checks requests submitted by USCIS within 30 days and the remaining 2 percent within [...]

Memorandum on Equivalency of Foreign Medical Degrees

Donald Neufeld, in a Memorandum dated June 17, 2009 provides some guidance on the equivalency of foreign medical degrees for the purpose of qualifying for the EB-2 category.
A U.S. medical degree is obtained after completing a bachelor’s degree and as a result, a U.S. medical doctor degree is considered to be an advanced degree. In [...]

I-140 Premium Processing Service to Resume June 29, 2009

After USCIS suspended temporarily the I-140 premium processing service on July 2, 2007, we have been constantly fielding questions on when the temporary suspension would end.  Over the past few weeks there was increased speculation that premium processing for Form I-140 would resume.   Earlier this week, USCIS confirmed that in fact premium processing for I-140 [...]

Various Updates from USCIS

The U.S. Citizenship and Immigration Service (”USCIS”) has provided some updates and insight into their operations and future plans during the annual AILA conference:

Premium Processing for I-140.  Some I-140s which were previously eligible for premium processing may be made again eligible.  Expected this summer.

H-1B Application Process to be Redesigned.  USCIS is working on reengineering the [...]

PERM Processing Statistics

The Department of Labor (”DOL”) has released some numbers about their pace of PERM processing.
There are about 58,000 applications currently pending of which 54% are under final review, 38% are in audits, 6% are on appeal and the remaining 2% are subject to  employment verification checks or othe.
DOL also reported that cases which are under [...]

Updates from Department of Labor

The Department of Labor (”DOL”) has provided some updates on their operations and processing during the annual AILA conference.
DOL Priorities
DOL is working on (1) increasing the amount of supervised recruitment from the Atlanta National Processing Center by October 1, 2009; (2) centralizing the processing of all prevailing wage determinations; and (3) centralizing all help desk [...]

EB-5 Job Creation and Full-Time Employees

In a Memorandum dated June 17, 2009, Donald Neufeld, the Acting Associate Director for Domestic Operations, has provided some guidance on the employment-based fifth preference (EB-5) green card category reserved for entrepreneurs willing to invest a substantial capital into the U.S. and create at least 10 full-time jobs.
About EB-5
Section 203(b)(5) of the Immigration and Nationality [...]

Rules for Rescheduling Biometrics Appointments for Reentry Permit Applications

Our firm has developed an unique expertise in processing expedited reentry permit and travel document applications.  Such applications are processed by the Nebraska Service Center (”NSC”) and in our experience, if the expedited processing request is granted, the biometric appointment may be scheduled in as little as 10-14 days.   However, even with these expedited processing [...]