AAO Processing Times Report (January 4, 2010)

Our office 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.

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AILA Seeks Rescission of the January 8, 2010 Neufeld Memorandum

The Neufeld Memorandum of January 8, 2010, has generated a substantial amount of discussion with its newly-proposed standard for “employer-employee” relationship applied to third-party H-1B employee placements, which are very common for consulting companies.  Our office has handled many consultations and inquiries relating to the Neufeld Memorandum and what it means for the thousands of H-1B employees currently on H-1B visa and for their employers.

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USCIS Begins ESTA Enforcement

About the Electronic System for Travel Authorization

ESTA is an electronic travel authorization that all citizens of VWP countries must obtain prior to boarding a carrier to travel by air or sea to the United States under the Visa Waiver Program (WVP). ESTA has been mandatory since Jan. 12, 2009 for all nationals of VWP countries traveling to the U.S under the VWP. The requirement does not affect U.S. citizens returning from overseas or citizens of VWP countries traveling on a valid U.S. visa.

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H-1B Filing Fees – Who Can Pay What?

Our office received many inquiries by both H-1B sponsor companies and employees about what kind of fee payment arrangement is permissible under the H-1B regulations.

Background of H-1B Filing Fees

There are several H-1B filing fees, which are applied differently depending on the employer (private employer v. university or non-profit research entity) and on the type of petition (new H-1B, first extension or second/subsequent extension).  We are happy to guide on the applicability of these fees.

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USCIS Guidance on H-1B for Contractors and Third-party Worksites

In a January 8, 2010, Memorandum, Donald Neufeld, the Associate Director for Service Center Operations, provides some guidance on the standards for H-1B petitions filed by independent contractors, self-employed beneficiaries, and beneficiaries working at third-party worksites.

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EB-5 Regional Centers

About EB-5 and the Regional Center Program

In 1990, the U.S. Congress created the fifth employment-based preference category (EB-5) for qualified foreign entrepreneurs seeking to invest in a business that will benefit the U.S. economy and create or save at least 10 full-time jobs. The basic amount required to invest is $1 million, although that amount is reduced to $500,000 if the investment is made in a rural or high unemployment area.  Of the approximately 10,000 EB-5 green cards available each year, 3,000 are reserved for foreign nationals who invest through a Regional Center.

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EB-5 Updates and Statistics

In a December 14, 2009, meeting, USCIS has provided some helpful information about the current state of the EB-5 program.

I-526 Premium Processing Possible Later in the Year

A review of the question of reinstating premium processing for I-526 petitions will be done during the second quarter of 2010.  USCIS will reinstate premium processing if it determines that it has sufficient resources at the California Service Center to adjudicate I-526 within the 15-calendar day window.

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Current PERM Processing Dates/Times (as of December 31, 2009)

The Department of Labor (“DOL”) has provided an update on the current PERM processing dates as of December 31, 2009.  They are as follows:

• Regular processing: March 2009.  DOL is processing PERM applications with priority dates in March of 2009.  This suggests that there is certain forward movement for regular PERM processing.  Accordingly, regular PERM processing times should be approximately nine (9) months.

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February 2010 Visa Bulletin – Slow Progress for Some, No Movement for India

The February 2010 Visa Bulletin was just released by the State Department.  The fifth visa bulletin for the fiscal year 2010 and the second for the calendar 2010 does not bring much movement.  There is no movement for India across all employment-based categories.   For many other categories, the only forward movement is in the 1-2 months range.  Here is a summary of the February 2010 Visa Bulletin:

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USCIS Website – Request for Comments and Feedback

Almost four months after USCIS launched its redesigned website, the USCIS Ombudsman office is setting up a conference call to discuss the good, the bad and the ugly of USCIS’ website, in general, and of the redesign, in particular.  Our office will sit on this conference call to share our thoughts and comments with the USCIS Ombudsman.

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