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Tag Archives: employment-based immigration

Update: USCIS Completes Data Entry for FY2016 H-1B Cap-Subject Petitions

Update by USCIS: May 5, 2015 From: U.S. Citizenship and Immigration ServicesSent: Monday, May 04, 2015 2:54 PMSubject: USCIS Completes Data Entry of Fiscal Year 2016 H-1B Cap-Subject Petitions USCIS announced May 4, 2015, that it has completed data entry of all fiscal year 2016 H-1B cap-subject petitions selected in our computer-generated random process. USCIS […]

H-1B Delivery Problems at Vermont Service Center

In this firm’s Fall 2014 Newsletter, we discussed the situation with foreign professional workers applying for H-1B work visas.  There are only 85,000 of those visas available per year.  Recently each year, companies have used up all 85,000 visas during the first week they are available. The government then conducts a random lottery to pick the […]

“Public Access File” Requirement for H-1B Employers

In a procedure designed to “protect” American workers from the inappropriate hiring and treatment of foreign workers, H-1B employers are required to maintain a file, referred to as the “public access file.” It is to be made available for public inspection, most commonly by the US Department of Labor or US Citizenship and Immigration Services […]

STATE DEPARTMENT ANTICIPATES FORWARD VISA NUMBER MOVEMENT IN SOME EMPLOYMENT-BASED IMMIGRATION CATEGORIES

The Department of State’s Visa Bulletin for February 2015 notes that movement is possible in some employment-based categories in the coming months. In the employment-based “Worldwide” third preference category, the Visa Office expects rapid forward movement “for at least another month or two.” The bulletin notes that rapid movement in recent months is expected to […]

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State Department No Longer Requires Original Documents for Consular Processing!

A State Department memorandum announces that the National Visa Center (NVC) will cease collecting original civil documents in support of immigrant visa (IV) applications as of November 12, 2014. Most applicants will be required to submit photocopies of supporting documents (such as birth, marriage, and police certificates) and will be instructed to take their original documents to […]

H-1B Visas for Nurses

On July 11, 2014, U.S. Citizenship and Immigration Services (USCIS) issued a policy memorandum providing guidance on the adjudication of H-1B petitions for nursing positions. The memo assists USCIS officers in determining whether a nursing position meets the definition of a specialty occupation. The memo states that it supersedes any prior guidance on the subject […]

Approved H-1Bs With October 1st Start Date May Apply for Visas Now

Beneficiaries of approved H-1B petitions with an October 1, 2014 start date may now begin filing their visa applications at U.S. consular posts. According to a State Department regulation: “Posts are authorized to accept H visa petitions and issue visas to qualified applicants up to 90 days in advance of applicants’ beginning of employment status. […]

Immigrants are important to U.S. science and engineering

A recent article by The American Immigration Council discusses two new reports by The National Foundation for American Policy. One report highlights the increasing importance of immigrants to science and engineering in America. Among the report’s various findings are that 42 percent of researchers at the top seven cancer research centers are foreign-born. Additionally, the […]

Difficulties of Obtaining H-1B Visas for Employees of Small or Start-Up Companies

Two years ago, U.S. Citizenship and Immigration Services (USCIS) announced an initiative to support small and start-up business to obtain the workers they need.  Most foreign, professional level workers are hired through the H-1B Visa process.  To date, smaller or start-up companies still encounter certain difficulties when applying for H-1B visas: USCIS sometimes claims that there […]

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