So is the economic downturn over already, if you look at the recent H1B filings it may well be the case. United States Citizenship and Immigration Services (USCIS) has updated its periodic count of FY2010 H-1B cap filings, revealing that there has been a significant increase in the rate of…
It is true to say that the current economic situation in our country is directly related to the problems we have in our Immigration system. In addition to the weak economy, companies have stopped filing for H1B visas in the face of anti-immigrant sentiment in Washington and rising costs associated…
For most Lawyers handing H1B cases, the problem with the Labor Condition Application (LCA) system has become a nightmare. Some cases take almost 14 days to be resolved and the FEIN denials are completely unreasonable. Finally, the USCIS Ombudsman release a set of recommendations to handle the recent problems. In…
The H2B seasonal visa is considered to be the most abused type of visa. Typically workers coming on this visa are from low economic background and often uneducated. In many cases, employers can file for many workers on one petition, making this a lucrative business for fraudulent recruiters and agencies.…
H-1B Quota is still available for all employers. Employers who have not yet proceeded with new H-1B filing can go ahead now too as per their business requirements. After many years since the Cap of H-1B started, it is still available even after Sept. 30, 2009. As of this writing,…
Since the H1B filing season opened up in April 2009, cases were subject to greater scrutiny by USCIS. While we still have H1B visas available, the denial rate of filed cases is on the rise. I would say say that we have a 30% increase in RFE’s received this year.…
Recently the Department of Homeland Security (DHS) released an advance copy of the final rule rescinding the agency’s regulations regarding the legal obligations of employers receiving no-match letters from the Social Security Administration (SSA). The rule rescinds DHS final regulations previously issued on August 15, 2007 and October 28, 2008,…
USCIS has updated the H1B cap count. As of September 25, 2009, the regular Cap count is 46,700. The advanced-degree cap remains at 20,000. Since neither cap has been reached at the time of this writing, the USCIS will continue to accept FY2010 H1B cases under the advanced-degree and regular…
The Cap seem to be moving slowly in the past few months, but something is different with the release of the new count this week. As of September 18, 2009, approximately 46,000 H-1B cap-subject petitions and approximately 20,000 petitions qualifying for the advanced degree cap exemption had been filed. It…
I recently came across a posting by fellow lawyer Chris Musillo, he wrote about an interesting point that is often asked by our clients, the Health Care recruiters and Healthcare providers. The question is do H1B workers that are not yet licensed, need to be paid. Here is Chris’ opinion,…