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

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

According to the latest H-1B update issued by the U.S. Citizenship and Immigration Services (USCIS), approximately 64,200 H-1B cap-subject petitions had been filed as of December 15, 2009. USCIS has approved sufficient number of advanced degree petitions to meet the exemption limit of 20,000 this year. However, USCIS will continue to accept both cap-subject and advanced degree petitions until a sufficient number of H-1B petitions are received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

For full information, please click: H-1B Filing at 64,200 on December 15, 2009

According to the latest H-1B update issued by the U.S. Citizenship and Immigration Services (USCIS), approximately 62,900 H-1B cap-subject petitions had been filed as of December 11, 2009. USCIS has approved sufficient number of advanced degree petitions to meet the exemption limit of 20,000 this year. However, USCIS will continue to accept both cap-subject and advanced degree petitions until a sufficient number of H-1B petitions are received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

The U.S. Citizenship and Immigration Services (USCIS) have published Question and Answers regarding the extension of filing period of H-1B petitions without Labor Condition Applications (LCAs) that have been certified by the U.S. Department of Labor (DOL) until March 9, 2010. This is a temporary measure, USCIS is providing to address delay and other problems related to the Department of Labor’s (DOL) iCERT System.

For complete information, please click: Questions and Answers: Temporary Acceptance of H-1B Petition Filed without DOL’s Certified Labor Condition Applications (LCAs)

According to the latest H-1B update issued by the U.S. Citizenship and Immigration Services (USCIS), approximately 61,100 H-1B cap-subject petitions had been filed as of December 04, 2009. USCIS has approved sufficient number of advanced degree petitions to meet the exemption limit of 20,000 this year. However, USCIS will continue to accept both cap-subject and advanced degree petitions until a sufficient number of H-1B petitions are received to reach the statutory limits, taking into account the fact that some of these petitions may be denied, revoked, or withdrawn.

For full news, please click: H-1B 2010 at 61,100 on December 04, 2009