USCIS has not extended its temporary accommodation for delays in the labor condition application (LCA) process. Earlier, USCIS agreed to accept H-1B petitions without a certified LCA, in certain situations, for a limited time. This exception was available from November 5, 2009 to March 9, 2010. The USCIS has declined…
We are very busy these days trying to beat the H1B rush. While we fell that visas will not run out on April 1, 2010, clients are anxious to get their cases out the door. We promise to deliver. Here are some tips that may help our last minute filers.…
Many clients call our office for immigration assistance and begin by telling us that they wants to do business in the United States. The most popular visa to reach this goal is the E2 Visa. An E-2 visa is a nonimmigrant visa available to an individual investor from a country…
The U.S. Citizenship and Immigration Services (USCIS) issued a memo dated January 8, 2010 that has great importance for the IT consulting industry and H1B filers in general. This memo specifies how USCIS personnel should determine the existence of the required employer-employee relationship when adjudicating H1B petitions. The memo, issued…
U.S. Citizenship and Immigration Services (USCIS) announced today that it will begin accepting H-1B petitions subject to the fiscal year (FY) 2011 cap on April 1, 2010. Cases will be considered accepted on the date that USCIS takes possession of a properly filed petition with the correct fee; not the…
Great tip from AILA for our H1B filers trying to beat the rush. Because you cannot submit an LCA earlier than six months prior to the beginning date of the period of intended employment (20 CFR § 655.730(b)), if you want your LCA in hand before April 1, then set…
Since the recent Memo from USCIS re Employer Employee relationship, our office has been receiving anxious calls from employers and clients alike. U.S. Citizenship and Immigration Services (USCIS) issued in Janauary updated guidance to adjudication officers to clarify what constitutes a valid employer-employee relationship to qualify for the H-1B ‘specialty…
The Department of Labor announced Public Briefings on the Changes to the Labor Certification Process for the Temporary Agricultural Employment of H-2A Aliens in the United States. Members of our office will attend the briefings tomorrow in San Diego. On February 12, 2010, the Department of Labor (the Department or…
The Labor Department published in the Feb. 12 edition of the Federal Register, a final rule governing the labor certification process and enforcement mechanisms for the H-2A temporary agricultural worker program. The H-2A nonimmigrant visa classification applies to foreign workers coming to or already in the U.S. to perform agricultural…
Most lawyers that are versed in the H1B visa process, are getting busier and busier these days. As we are nearing the April 1, 2010 filing deadline for the H1B visa. Many speculations out there as to when will the Cap be reached this year. The economy is still in…