U.S. Immigration Attorneys and Counselors

Archive for November 2010

Nov

FY2011 H-1B Numbers Update – 50,400 Regular and 18,400 Masters Cap Visas Used (November 26, 2010)

USCIS released the weekly FY2011 information on the numbers of cap-subject H-1Bs filed since April 1. As of November 26, 2010, USCIS has received approximately 50,400 H-1B petitions counting toward the 65,000 cap (an increase of 2,600 over the past two weeks). Similarly, as of November 26, there were 18,400 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit (an increase of about 1,000 over the past two weeks).

Nov

Increased Rate of ETA 9089 PERM Labor Certification Denials – Fact or Fiction?

One of our major practices is the processing of employment-based permanent residency applications, most of which require an ETA 9089 PERM labor certification. As a result, we handle a number of PERM labor certifications filings, appeals and other related matters. Our office has been receiving an increasing number of inquiries about possible increase in PERM denials and/or audits.

Nov

Updates from BALCA regarding PERM Appeals

What is BALCA?

The Board of Alien Labor Certification Appeals (BALCA) is an administrative body which reviews mainly denials of PERM labor certification cases but it also handles a number of Department of Labor review cases. With respect to PERM denials, BALCA is the appellate body which reviews appeals for PERM denials.

Nov

FY2011 H-1B Numbers Update – 47,800 Regular and 17,400 Masters Cap Visas Used (November 12, 2010)

USCIS released the weekly FY2011 information on the numbers of cap-subject H-1Bs filed since April 1. As of November 12, 2010, USCIS has received approximately 47,800 H-1B petitions counting toward the 65,000 cap (an increase of 1,000 over the past week). Similarly, as of November 12, there were 17,400 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit (an increase of about 200 over the past week).

Nov

December 2010 Visa Bulletin – Minor Forward Movement in EB, No Movement for EB India, Notable Forward Movement in FB2A

The U.S. State Department just released the December 2010 Visa Bulletin which is the third Visa Bulletin for the FY2011 fiscal year. As anticipated and as we wrote recently, following our meeting with Charles Oppenheim, there is not much movement across the employment-based categories. EB India, for example, does not see any movement this month. Also, some family-based categories (FB2A) have notable forward movement.

Nov

AAO Processing Times Report (November 1, 2010)

Our office has established a reputation as one of the premier practices for handling 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. The AAO processing times are published monthly, at the beginning of the month, and we are providing monthly updates and analysis for the benefit of our clients and readers.

Nov

FY2011 H-1B Numbers Update – 46,800 Regular and 17,200 Masters Cap Visas Used (November 5, 2010)

USCIS released the weekly FY2011 information on the numbers of cap-subject H-1Bs filed since April 1. As of November 5, 2010, USCIS has received approximately 46,800 H-1B petitions counting toward the 65,000 cap (an increase of 1,200 over the past week). Similarly, as of November 5, there were 17,200 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit (an increase of about 500 over the past week).

Nov

Current PERM Processing Dates and Times (as of September 31, 2010)

Our office handles a substantial number of ETA Form 9089 – Permanent Labor Certification (“PERM”) applications and we are closely monitoring the current PERM processing times not only for the benefit of our clients but also to be able to predict longer-term trends in PERM processing.

Nov

FY2011 H-1B Numbers Update – 45,600 Regular and 16,700 Masters Cap Visas Used (October 29, 2010)

USCIS released the weekly FY2011 information on the numbers of cap-subject H-1Bs filed since April 1. As of October 29, 2010, USCIS has received approximately 45,600 H-1B petitions counting toward the 65,000 cap (an increase of 1,300 over the past week). Similarly, as of October 29, there were 16,700 H-1B visas filed subject to the U.S. Masters cap which has 20,000 limit (an increase of about 500 over the past week).

Nov

Reminder: USCIS Increases Filing Fees on Nov. 23

We wrote extensively in the past for the planned and the announced USCIS fee increase which is set to take effect on November 23rd for all applications filed or postmarked on or beyond this date. For some filings, the fee increase is very minor (and for some there is even a fee decrease!). However, due to the substantial fee increase in some case categories, we wanted to provide a reminder of the new fees and provide an opportunity to our clients and readers to prepare and file their cases before the new fees go into effect.

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