Schedule a Consultation

Expiration of H-1C Nursing Program

As Congress has not acted to renew the legislation, The Department of Labor will stop accepting H-1C attestations of Form ETA-9081 effective December 21, 2009. The Department of Labor recommends that hospitals eligible for the H-1C program continue to sponsor nurses through alternative programs like the H-1B program or through the labor certification process. The […]

BIA Broadens Immigration Court Discretion to Grant Continuances in Employment-Based Cases

The Board of Immigration Appeals (BIA) broadened the discretion of Immigration Courts to grant continuances in removal cases where the respondent is seeking adjustment of status through an employment-based petition. In Matter of Rajah, 25 I&N Dec. 127 (BIA 2009), the BIA articulated the factors that should be considered in determining whether a respondent has […]

CBP Announces I-94W Pilot Program

United States Customs and Border Protection (CBP) announced the launch of a pilot program to automate the arrival/departure form (Form I-94W) for Visa Waiver Program (VWP) travelers from Auckland, New Zealand to Los Angeles International Airport. The pilot program eliminates the need for VWP travelers with approved travel authorization through the Electronic System for Travel […]

December 2009 Visa Bulletin Released

VISA BULLETIN FOR DECEMBER 2009 A. STATUTORY NUMBERS 1. This bulletin summarizes the availability of immigrant numbers during December. Consular officers are required to report to the Department of State documentarily qualified applicants for numerically limited visas; the Bureau of Citizenship and Immigration Services in the Department of Homeland Security reports applicants for adjustment of […]

Updates Regarding USCIS Dallas Field Office

The Dallas, Texas local chapter of the American Immigration Lawyers Association (AILA) issued notes from its most recent liaison meeting the the USCIS Dallas Field Office. Updates include: Attorney Drop Box for Filings A new system has been implemented for attorneys to file application, petitions, and waivers in a drop box at the Dallas Field […]

AAO Processing Times as of November 1, 2009

AAO Processing Times as of November 1, 2009 Case Type Time I — 129F Petition for Fiancée 2 Months * I — 129 H1B Nonimmigrant Specialty Occupation Worker 13 Months I — 129 H2 Temporary Nonimmigrant Worker 6 Months * I — 129 H3 Temporary Nonimmigrant Worker 6 Months * I — 129 L Nonimmigrant […]

Updates Regarding USCIS New York District Office

The New York chapter of the American Immigration Lawyers Association (AILA) issued notes from the most recent liaison meeting the the USCIS New York District Office. Updates regarding the office include: Information Desk to be Manned by Actual Immigration Officers District Director Andrea Quarantillo stated that immigration officers will now man information desks on the […]

H-1B Visas for Fiscal Year 2010 Remaining as of October 30, 2009

On November 3, 2009, USCIS issued an update on the remaining number of cap-subject H-1B visas for fiscal year 2010. Fiscal year 2010 visas would allow foreign workers to begin employment with United States employers on October 1, 2010. 53,800 cap-subject H-1B visas have been filed. An unknown number of H-1B1 visas for nationals of […]

USCIS Issues H-1B Fraud and Compliance Assessment

The USCIS Office of Fraud Detection and National Security (FDNS), a division of the National Security and Records Verification (NSRV) Directorate in collaboration with the USCIS office of Chief Counsel issued a report in September 2009 assessing the integrity of the H-1B nonimmigrant program. The report provided primary fraud and technical violations based on a […]