The U.S. Citizenship and Immigration Services (USCIS) have published a memorandum regarding the numerical limitation exemption for temporary workers in H nonimmigrant classifications employed in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam. The memorandum provides guidance for processing and adjudicating Form I-129, Petition for Nonimmigrant Worker filed on behalf of H-1B “Specialty Occupation” and H-2B “temporary nonagricultural” workers under the  Consolidated Natural Resources Act of 2008 (CNRA).

For complete information, please click: USICS Memo on the Numerical Limitation Exemption for H Nonmmigrants Employed in the CNMI and Guam

The U.S. Citizenship and Immigration Services (USCIS) published a list of Question and Answers regarding the H-1B and H-2B cap exemptions for work performed in the Commonwealth of the Northern Mariana Islands (CNMI) and Guam.  The Q&As cover details of  H-1B and H-2B cap exemptions contemplated under the Consolidated Natural Resources Act of 2008 (CNRA). CNRA provides a special exemption to the statutory numerical limitations for temporary workers in H nonimmigrant classifications mentioned in Section 214(g) of the Immigration and Nationality Act (INA).

For complete information, please click: USCIS Provides Details on H-1B and H-2B Cap Exemptions for Work Performed in the CNMI and Guam

The U.S. Citizenship and Immigration Services (USCIS) issued additional guidance regarding the Employ American Workers Act (EAWA) for employers seeking to file H-1B petitions. USCIS reminds that an employer, who has repaid their funds through the Troubled Asset Relief Program (TARP), or section 13 of the Federal Reserve Act, should answer “No” to Question A.1.d on Form I-129W (Data Collection and Filing Fee Exemption Supplement) that asks a question whether the employer received funding from TARP or section 13 of the Federal Reserve Act. USCIS additionally noted that, EAWA only applies to new H-1B hires and not to H-1B petitions for the changing of status of an employee currently working for an employer in work-authorized category. Additionally, EAWA does not apply to H-1B petitions seeking extension of H-1B status for an employee to continue working for the same employer.

For complete information, please click: USCIS Issues Additional Information Regarding the EAWA to Employers Filing H-1B Petitions

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 latest testimony in a lawsuit filed by the Indian H-2B workers against the company, Signal International has brought the Guest Worker Program flaws to the fore. The Signal International hired these foreign workers with the help of U.S. and Indian recruiters, reports The New York Times. The company claims the recruiters misled it – and the workers – about the terms of the work visas that brought them into U.S. The recruiters have allegedly promised the workers that their visas would soon be converted to green cards, allowing them to stay permanently in U.S. Learning later that they have been trafficked and victimized, hundreds of Indian workers have brought a civil rights lawsuit against the company, claiming they were victims of human trafficking and labor abuse.

Thus, the Signal case has come to represent some of the flaws and pitfalls, for immigrants and employers, in the H-2B temporary guest worker program, compelling law makers to think whether or not to consider the expansion of guest worker programs.

For complete information, please click: Suit Points to Guest Worker Program Flaws

The U.S. Department of State (DOS) has published Frequently Asked Questions (FAQs) pertaining to new nonimmigrant visa application form DS-160 on its website www.travel.state.gov. The FAQs cover several aspects such as mandatory fields, temporary and permanent saving of application, photo upload, edits, etc.

For details, please click: DS-160 FAQs

The U.S. Department of Homeland Security (DHS) has published a notice in the Federal Register announcing that the DHS Secretary, in consultation with Department of State (DOS) Secretary has identified 39 countries whose nationals are eligible to participate in the H-2A and H-2B programs for the coming year. Renewed every year, this notice will allow U.S. Citizenship and Immigration Services (USCIS) to approve petitions for H-2A and H-2B nonimmigrant status for nationals of countries listed therein.

For full details, please click: Nationals of 39 Countries can Participate in H-2A and H-2B Visa Programs

The U.S. Citizenship and Immigration Services (USCIS) announced that it would grant One-Time Accommodation for Sheepherders in H-2A status to fully transition to the three-year limitation of stay requirements under USCIS’ final rule that took effect on January 17, 2009. This exemption does not affect other H-2A categories. The H-2A program allows U.S. employers to bring foreign nationals to the United States to fill temporary agricultural jobs.

For complete information, please click: USCIS Grants One-Time Accommodation for Sheepherders in H-2A Status

Complying with the requirement under American Competitiveness and Workforce Improvement Act 0f 1998, the U.S. Citizenship and Immigration Services (USCIS) have prepared and presented an Annual Report on Characteristics of Specialty Occupation Workers (H-1B) for Fiscal Year 2008 to the Senate Judiciary Committee. The report covers such as countries of origin and occupations of, educational levels attained by, and compensation paid to, aliens who were issued visas or otherwise provided nonimmigrant status under section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (INA) during the previous fiscal year.

Following are the highlights of the report:

• The number of H-1B petitions filed and approved decreased 5 percent and 2 percent respectively in FY 2008 as against the previous year

• Approximately 54 percent of all H-1B petitions approved in FY 2008 were for workers born in India

• Two-thirds of H-1B petitions approved were for workers between the ages of 25 and 34

• Forty-three percent of H-1B petitions approved in FY 2008 were for workers with a bachelor’s degree, 41 percent had a master’s degree, 11 percent had a doctorate, and 5 percent were for workers with a professional degree

• Almost half of H-1B petitions approved were for workers in computer-related occupations

• The median salary remained at $60,000 in FY 2008, the same as in FYs 2006 and 2007

For complete information, please click: Characteristics of H-1B Specialty Occupation Workers: USCIS Report

The U.S. Citizenship and Immigration Services (USCIS) had announced that it has received sufficient number of H-1B petitions to reach the statutory cap of 65,000 visas for fiscal year 2010. December 21, 2009 was the final receipt date for new H-1B specialty occupation petitions requesting an employment start date in FY 2010. USCIS will use computer-generated random selection process to select petitions needed to meet the cap, and will reject, and return the fee, for all cap-subject petitions not randomly selected. However, USCIS will continue to process petitions filed:

• Extend the amount of time a current H-1B worker may remain in the U.S.

• Change the terms of employment for current H-1B workers

• Allow current H-1B workers to change employers

• Allow current H-1B workers to work concurrently in a second H-1B petition

For complete information, please follow the link: H-1B 2010 Cap Reached