The U.S Citizenship and Immigration Services (USCIS) Director Alejandro N. Mayorkas issued a memorandum last week to the Citizenship and Immigration Services (CIS) Ombudsman on Recommendation 43. The recommendation pertains to the temporary acceptance of filed Labor Condition Applications for certain H-1B filings and excuse of late H-1B filings where the petitioner has documented an LCA submission to the Department of Labor (DOL) that was improperly rejected.

For USCIS Response, please click: USCIS Memo to CIS Ombudsman on Temporary Acceptance of Filed LCAs for Certain H-1B Filings

The once sought after H-1B category to seek foreign employees seems to have lost its sheen as its filing limps to reach the statutory limit of 65,000.  According to U.S. Citizenship and Immigration Services (USCIS) updates, as of June 19, 2009, approximately 44, 500 H-1B cap subject petitions have been received by them.  Although, USCIS has received approximately 20,000 petitions qualifying for the advanced degree cap exemption, it will continue to accept both cap-subject petitions and advanced degree petitions until numerical limit is reached taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

For detailed information, please read FY 2010 H-1B Filing Moving by Inches to Reach Statutory Limits