Social Security Administration Issues Report on H-1B Fraud
The report found that in 2007, approximately 18 percent of the H-1B worker sample pool may have used their SSNs for purposes other than working for their approved H-1B employers. The report states the improper use of SSNs by H-1B holder reduces the integrity of the SSN system because it may result in the payment […]
Department of State Announces All 2011 Employment Based Limits Reached
In a September 15 cable, the Department of State Immigrant Visa Control unit announced that it will cease authorization of all employment preference cases for the remainder of fiscal year 2011 because the annual visa number limits in all employment based categories have been reached. Employment based immigrant visas will again become available on October […]
USCIS Announces 32,200 H-1B Cap Subject Petitions Filed as of September 9, 2011
On September 9, 2011, USCIS announced that approximately 32,200 cap-subject H-1B petitions had been filed for fiscal year 2012. This means that there are fewer than 32,800 cap-subject H-1B visas remaining for fiscal year 2012. The announcement also indicated that 16,700 Master’s cap H-1B petitions had been filed. The number of applications means that only […]
Department of State Issues 2013 Diversity Visa Instructions
The instructions announce a registration period beginning on October 4, 2011 and ending November 5, 2011. Foreign nationals should register at www.dvlottery.state.gov . The instructions set out qualifying country and education and work requirements. The instructions also set out directions for preparing and submitting the required digital photos. A list of frequently asked questions is […]
USCIS Announces Regional Center Direct Email Line
The direct email line will allow Regional Center applicants to email questions regarding Requests for Evidence (RFE) and Notices of Intent to Deny (NOID) and receive clarifications. The email line will also be used to sent the attorney of record informal copies of RFEs and NOIDs. Responses to RFEs and NOIDs will not be accepted […]
Update on Prevailing Wage Determinations
The Department of Labor reported that it has assembled a team to work on the backlog of PERM (labor certification) prevailing wage determinations on a first in first out basis. Adjudication of prevailing wage determination requests utilizing alternative wages or other “complicated issues” will be delayed. Prevailing wage determinations for H-1B and PERM applications have […]
Mumbai Consulate Resumes H & L Processing
Processing of H & L visas ceased in March 2011 due to aging infrastructure. Appointment scheduling reopened on August 26, 2011. The earliest available appointment is September 6, 2011. The Consulate notes that Indian nationals received 65 percent of all H-1B visas in 2010. Related Links http://mumbai.usconsulate.gov/interviews-and-appointments.html About the Author Vishal Chander is an immigration […]
USCIS Issues H-1B Cap-Gap Guidance
On April 1, 2011, USCIS issued a series of Questions & Answers (Q&As) regarding the H-1B cap-gap extension for F-1 students on OPT status. The H-1B cap-gap regulations allow certain students with pending or approved H-1B petitions to remain in F-1 status where the F-1 students work authorization would otherwise expire. The H-1B cap-gap automatically […]
USCIS Provides Guidance at EB-5 Stakeholder Meeting
On June 30, 2011 USCIS held a stakeholder meeting to address issues regarding the EB-5 program. USCIS published a series of Questions and Answers related to the meeting. The meeting addressed multiple issues including the use of escrow accounts in Regional Centers, lawful sources of funds, and indirect job creation. A presentation was also provided […]
BIA Holds K-2 Derivative May Adjust Status After 21
In Matter of Le, 25 I. & N. Dec. 541 (BIA June 23, 2011), the Board of Immigration Appeals (BIA) held that a K-2 derivative child of a nonimmigrant fiancé(e) visa (K-1) holder may be eligible for adjustment of status where the K-1 holder married within 90 days of entering the United States and the […]