Form I-485 AOS Inventory Analysis

USCIS has released a schedule of the inventory of pending Form I-485, Application to Adjust Status.   The statistics are fairly recent – as of August 25, 2009 – and are very helpful to understanding the relative queue positions for adjustment of status applicants.
How Can I Determine My Place in the AOS Queue?
An AOS application’s preference [...]

FY2010 H-1B Numbers Update (September 18, 2009)

USCIS released updated information on the numbers of cap-subject H-1Bs filed since April 1.  As of Friday, September 18, USCIS has received approximately 46,000 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, [...]

AAO Processing Times Report (September 1, 2009)

Our firm handles a fair amount of appeals with the Administrative Appeals Office (AAO) and we often receive inquiries not only about about the procedural aspects of an AAO appeal but also about the current processing times for AAO cases.
About the AAO
As a short preliminary background matter, the AAO is an appeals office which handles [...]

USCIS Launches Redesigned Website

Many of our clients and readers have already noticed that the USCIS online case status check system looks differently and seems to provide more options.  This is part of the just launched redesigned USCIS website.  The main goal is to improve the kind of customer service USCIS provides along with more transparency and accountability.
Better Case [...]

IRS To Increase Audits of H-1B Employers

Under a new directive marked as “Tier 1″ (high strategic importance and significant impact on one or more industries), the Internal Revenue Service (”IRS”) has indicated that it will be focusing increased resources on H-1B sponsor companies’ tax withholding and reporting.
As our clients and readers know, the H-1B nonimmmigrant work visa is one of the [...]

2007 USCIS Fee Increase Seems…Insufficient

Most of our clients and readers remember the summer of 2007 when USCIS raised the filing fees for certain services by a substantial amount (in all fairness, USCIS decreased the fees for certain services) (see the archived May 29, 2007 USCIS press release).  One of the motivating forces behind this fee increase was the collection [...]

Current PERM Processing Dates/Times (July 31, 2009)

The Department of Labor has provided an update on the current PERM processing dates as of July 31, 2009.  They are as follows:

Regular processing: November 2008.  Unfortunately, there is no movement in comparison to the April 30, 2009 report which also reported November 2008, resulting a net additional delay of three (3) months for regular [...]

Starting School When Change of Status Application Is Pending

The increasing unemployment rate inevitably affects foreign nationals living and working in the U.S. on a work visa.  We have been happy to help many clients over the past months who have either been laid off or have decided to seek a better opportunity to attend school by changing their status to F, J or [...]

Guidelines for Maintaining F, M and J Status

Holders of F (student), J (exchange visitor) or M (student) status in the U.S. are subject to certain requirements in order to maintain a valid status and be entitled to the benefits of their status (e.g. OPT, visa revalidation, etc.).  With the beginning of a new academic year, we have been advising a number of [...]

October 2009 Visa Bulletin – EB-2 Minor Forward Movement, EB-3 Available, EB-5 Unavailable

The October 2009 Visa Bulletin which is the first visa bulletin for the new FY2010 fiscal year was released earlier today by the State Department.   This October 2009 Visa Bulletin has been widely expected not only to see the EB-3 category go back to some availability of visas but also to use the movement in [...]